The Exclusive Brokerage Listing Agreement serves as the foundational document in professional real estate transactions across the United States. This contract type is essential when property owners seek dedicated professional representation in selling their property, ensuring that a single broker has the exclusive right to market and sell the property. The agreement typically includes detailed terms about commission structures, marketing strategies, listing duration, and both parties' obligations. It's designed to protect both the broker's investment of time and resources and the seller's interests while ensuring compliance with state-specific real estate laws and federal regulations. This document is particularly crucial in establishing clear expectations and preventing potential disputes over commission or representation rights.
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1. Parties: Identifies the broker and property owner, including complete legal names and addresses
2. Background: Brief context about the property and the owner's intention to sell
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', etc.
4. Appointment and Authority: Grants exclusive right to broker to market and sell the property
5. Listing Period: Specifies the duration of the agreement and any automatic renewal terms
6. Broker's Obligations: Details the services the broker will provide
7. Owner's Obligations: Specifies the owner's responsibilities and warranties
8. Commission Structure: Details the commission rate and payment terms
9. Termination: Conditions under which the agreement can be terminated
1. Protected Period: Post-termination period where broker may still be entitled to commission if property sells to leads generated during listing period
2. Marketing Budget: Specific marketing commitments and cost allocation between broker and owner
3. Virtual Tours/Photography: Rights and obligations regarding digital marketing materials including ownership and usage rights
4. Dual Agency: Terms governing situations where broker represents both seller and buyer
1. Property Description Schedule: Detailed description of the property including legal description and included items
2. Marketing Plan: Detailed marketing strategy and timeline for property promotion
3. Commission Schedule: Detailed breakdown of commission structures for different scenarios
4. Property Disclosure Statement: Owner's disclosures about property condition and known issues
5. Agency Disclosure Form: State-mandated form explaining agency relationships
Relevant legal definitions
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