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Real Estate Agent Exclusive Listing Agreement
"I need a Real Estate Agent Exclusive Listing Agreement for my luxury waterfront property in Vancouver, with specific provisions for international marketing and virtual tours, starting from March 1, 2025, with a six-month term and a higher commission rate for sales over $5 million."
1. Parties: Identifies the property owner (the 'Seller') and the licensed real estate brokerage/agent (the 'Agent')
2. Background: Brief context explaining the Seller's intention to sell the property and engage the Agent's services
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', 'Commission', etc.
4. Appointment and Authority: Establishes the exclusive right of the Agent to sell the property and outlines the scope of authority granted
5. Listing Period: Specifies the duration of the exclusive listing agreement, including start and end dates
6. Listing Price and Terms: States the asking price and basic terms for selling the property
7. Commission Structure: Details the commission rate, when it becomes payable, and any conditions
8. Agent's Obligations: Lists the services and duties the Agent will provide, including marketing efforts and showing commitments
9. Seller's Obligations: Outlines the Seller's responsibilities, including providing accurate information and maintaining the property
10. Property Access: Terms for providing access to the property for showings and inspections
11. Marketing Authorization: Permissions for advertising, signage, and use of property information and images
12. Termination: Conditions and process for ending the agreement
13. Representations and Warranties: Statements of fact by both parties regarding their authority, the property condition, and other material facts
14. Dispute Resolution: Process for handling disagreements between parties
15. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments
1. Multiple Listing Service (MLS) Authorization: Terms for listing on MLS system, used when the Seller wants MLS exposure
2. International Marketing: Additional terms for marketing the property internationally, used for high-end properties or those likely to attract foreign buyers
3. Property Management: Terms for managing the property during the listing period if the property is vacant or requires special maintenance
4. Holdover Period: Terms regarding commission payment for sales occurring after the listing period to protected buyers, used in markets where this is common
5. Teams and Assistants: Details about additional agent team members who may be involved, used when multiple agents will handle the listing
6. Virtual Tours and Digital Marketing: Specific terms for digital marketing strategies and virtual showing technologies
7. Dual Agency Provisions: Required when the brokerage may represent both buyer and seller
8. Environmental Matters: Special provisions for properties with known environmental issues or concerns
1. Schedule A - Property Description: Detailed description of the property including legal description, fixtures, and inclusions/exclusions
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures, including any variable rates or special circumstances
3. Schedule C - Marketing Plan: Detailed marketing strategy and commitments from the Agent
4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues
5. Schedule E - Photography and Media Release: Detailed terms for use of property photos and media
6. Appendix 1 - Required Provincial Disclosures: Mandatory disclosures required by provincial real estate regulations
7. Appendix 2 - Agency Relationship Disclosure: Explanation of agency relationships and obligations
8. Appendix 3 - Service Level Agreement: Detailed breakdown of specific services to be provided by the Agent
Authors
Real Estate
Property Development
Residential Housing
Commercial Property
Real Estate Services
Property Management
Legal Services
Professional Services
Legal
Real Estate Operations
Sales
Compliance
Contract Administration
Business Development
Marketing
Property Management
Document Management
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Agency Owner
Brokerage Manager
Real Estate Legal Counsel
Compliance Officer
Real Estate Operations Manager
Contract Administrator
Business Development Manager
Sales Director
Property Marketing Manager
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