A Commercial Listing Agreement serves as the foundational document for professional representation in commercial property sales within the United States. This contract type is essential when property owners seek to engage qualified real estate professionals to market and sell their commercial properties. The agreement outlines critical aspects including broker authority, commission structures, marketing strategies, and timeline commitments, while adhering to both federal and state-specific real estate regulations. It provides legal protection for all parties involved and establishes clear expectations for the property's marketing and sale process.
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1. Parties: Identification of the property owner/seller and the real estate broker/agent
2. Background: Brief context of the agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the commercial property being listed
5. Broker's Rights and Obligations: Scope of broker's authority and responsibilities
6. Listing Price and Terms: Agreed listing price and basic terms of sale
7. Commission Structure: Details of broker compensation and payment terms
8. Duration: Term of the listing agreement including start and end dates
9. Termination: Conditions and process for terminating the agreement
1. Dual Agency Provisions: Required when broker may represent both seller and buyer in jurisdictions allowing dual agency
2. International Marketing: Specific provisions for marketing property internationally, used for high-value properties with potential international buyers
3. Environmental Provisions: Special considerations for properties with environmental concerns, used when property has known environmental issues
4. Virtual Showing Rights: Terms for virtual property tours and digital marketing, used when virtual showings are part of marketing strategy
1. Property Details Schedule: Comprehensive property information including square footage, zoning, etc.
2. Marketing Plan: Detailed marketing strategy and timeline
3. Commission Schedule: Detailed breakdown of commission structures and scenarios
4. Property Photographs: Official photographs and floor plans of the property
5. Disclosure Documents: Required state and federal disclosure forms
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