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Non Exclusive Listing Agreement for the United States

Non Exclusive Listing Agreement Template for United States

A Non-Exclusive Listing Agreement is a legal contract used in the United States real estate market that authorizes a real estate broker to market and sell a property while allowing the owner to work with other brokers or sell the property themselves. The agreement outlines the terms of service, commission structure, and obligations of both parties while maintaining compliance with federal and state real estate laws.

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Non Exclusive Listing Agreement

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What is a Non Exclusive Listing Agreement?

The Non-Exclusive Listing Agreement serves as a flexible option for property owners who want to maintain control over their property's sale while benefiting from professional real estate services. This document is commonly used in the United States when owners want to work with multiple brokers simultaneously or retain the right to sell the property themselves. The agreement typically includes property details, listing price, commission structure, marketing commitments, and duration of the listing, while ensuring compliance with state-specific real estate regulations and federal fair housing laws.

What sections should be included in a Non Exclusive Listing Agreement?

1. Parties: Identification of property owner and real estate broker/agent

2. Background: Context of the listing arrangement and property details

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being listed

5. Listing Terms: Price, duration, and terms of the listing

6. Commission Structure: Details of broker compensation and payment terms

7. Broker's Obligations: Services to be provided by the broker

8. Owner's Obligations: Property owner's responsibilities and commitments

9. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Non Exclusive Listing Agreement?

1. Marketing Plan: Specific marketing strategies and commitments to be implemented by the broker

2. Photography Rights: Rights and usage of property photographs and media content

3. Virtual Tours: Provisions for virtual showings and online tours of the property

What schedules should be included in a Non Exclusive Listing Agreement?

1. Property Details Schedule: Detailed property specifications, features, and included/excluded items

2. Commission Schedule: Detailed breakdown of commission structures and various transaction scenarios

3. Marketing Materials Appendix: Samples or templates of agreed marketing materials and strategies

4. Property Disclosure Statement: Required property condition disclosures as mandated by state law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Cost

Free to use
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Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, disability, or familial status

ADA Compliance: Americans with Disabilities Act requirements ensuring accessibility and non-discrimination against persons with disabilities

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardization of calculations for credit costs

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including real estate financing

State Licensing Laws: State-specific requirements for real estate agent licensing and practice

Agency Disclosure Requirements: State-mandated rules for disclosing agency relationships between brokers, agents, and clients

State Property Laws: State-specific regulations governing property rights, transfers, and transactions

State Contract Requirements: State-specific mandatory elements and provisions for real estate contracts

Consumer Protection Laws: State laws protecting consumers in real estate transactions from unfair practices

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORS��

MLS Regulations: Rules governing the use and participation in Multiple Listing Services

Statute of Frauds: Legal requirement that certain contracts, including real estate agreements, must be in writing

Commission Regulations: State rules governing real estate commission structures, splitting, and disclosures

Property Disclosure Requirements: Mandatory disclosures regarding property condition, defects, and material facts

Dual Agency Rules: Regulations governing situations where an agent represents both buyer and seller, including required disclosures

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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