Free Real Estate Listing Agreement Creator - Create Online



Real Estate Listing Agreement template
Real Estate Listing Agreement sample


What is Real Estate Listing Agreement?

Real Estate Listing Agreement A Real Estate Listing Agreement authorizes a real estate agent to represent a property seller, specifying the agent's duties, commission, and the property's listing terms.



Sample template:



REAL ESTATE LISTING AGREEMENT


This Real Estate Listing Agreement (the "Agreement") is made and entered into as of [Date], by and between [Seller's Name] ("Seller") and Bayside Realty Group ("Agent").

1. Property

1.1. Description


Seller hereby grants to Agent the exclusive right and authority to sell, market, and list for sale, the real property located at [Property Address], including all improvements, fixtures, and appurtenances associated therewith (the "Property"). The Property is described as a charming 3-bedroom, 2-bathroom coastal cottage with panoramic ocean views, nestled on a tranquil 1-acre lot.



2. Agent's Duties

2.1. Representation


Agent shall represent Seller in the marketing and sale of the Property and shall use diligent efforts to market, solicit, and procure offers for the purchase of the Property on terms and conditions acceptable to Seller.



2.2. Marketing


Agent shall develop a marketing plan for the Property, which shall include but not be limited to online and print advertising, open houses, property tours, and utilizing the services of other real estate brokers and salespersons as may be appropriate.



2.3. Compliance


Agent shall comply with all applicable federal, state, and local laws, regulations, and ordinances in carrying out its duties under this Agreement.



3. Listing Terms

3.1. Listing Price


The initial listing price of the Property shall be determined by mutual agreement between Seller and Agent. Seller reserves the right to change the listing price upon written notice to Agent.



3.2. Listing Period


The initial term of this Agreement shall commence on the date hereof and shall expire on the date six (6) months from the date of execution by both parties (the "Listing Period"). This Agreement may be renewed upon the mutual written consent of Seller and Agent.



4. Commission Structure

4.1. Commission


Seller agrees to pay Agent a commission of six percent (6%) of the gross sales price of the Property (the "Commission") if, during the Listing Period, a ready, willing, and able buyer (the "Buyer") submits an offer meeting the terms and conditions specified by the Seller, or any other terms and conditions acceptable to Seller.



4.2. Multiple Agents


If Agent shares the Commission with another licensed real estate broker who is the Buyer's agent, the Commission shall be split between Agent and the cooperating broker, with each receiving fifty percent (50%) of the Commission.



4.3. Payment


Agent's Commission shall be deemed earned upon the earlier of (a) the receipt of any escrow or closing funds from the sale of the Property, or (b) completion of the sales transaction and transfer of title to the Buyer. The Commission shall be paid by Seller to Agent at or before the close of escrow.



5. Exclusive Listing Rights

During the Listing Period, Seller shall not list the Property for sale or lease with any other real estate broker or agent. Following the expiration or termination of this Agreement, in the event a Buyer introduced to the Property by Agent during the Listing Period enters into a binding contract to purchase the Property within one hundred eighty (180) days after the expiration or termination, Seller shall pay the Commission to Agent, as provided in Paragraph 4.



6. Seller's Representations and Warranties

Seller represents and warrants that (a) Seller is the sole owner of the Property, and has the full right, power, and authority to enter into this Agreement and sell the Property, (b) the Property is free and clear of any and all liens and encumbrances, except as otherwise disclosed in writing to Agent, and (c) Seller shall immediately notify Agent of any material changes affecting the Property, including but not limited to liens, lawsuits, or damage to the Property.



7. Termination

Either party may terminate this Agreement upon written notice to the other party if the other party breaches any material provision of this Agreement, provided that the terminating party has first given written notice specifying the nature of the alleged breach and thirty (30) days opportunity to cure.



8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of [State]. In the event of any dispute arising out of or relating to this Agreement, the parties shall endeavor to resolve such dispute by good faith negotiation. If the parties are unable to resolve the dispute through negotiation, either party may submit the dispute to binding arbitration conducted under the rules of the American Arbitration Association.



9. Entire Agreement

This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings and agreements, whether oral or written, between the parties hereto with respect to the subject matter hereof.



10. Amendments and Waivers

Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only by a writing signed by the party to be bound by the amendment or waiver.



11. Execution

The parties have executed this Agreement, in duplicate, as of the date first above written.



_______________________________________


[Seller's Name]


Seller



_______________________________________


Bayside Realty Group


Agent

Ready to proceed?


Login to Create your Real Estate Listing Agreement now




Sections of a Real Estate Listing Agreement


In this Real Estate Listing Agreement, you will see the following sections:

  1. Property
  2. Agent's Duties
  3. Listing Terms
  4. Commission Structure
  5. Exclusive Listing Rights
  6. Seller's Representations and Warranties
  7. Termination
  8. Governing Law and Dispute Resolution
  9. Entire Agreement
  10. Amendments and Waivers
  11. Execution


Going indepth - Analysis of each section:

  1. Property : This section describes the property being listed for sale, including its address and a brief description. Think of it as the introduction to the property, like a movie trailer that gives you a glimpse of what's being offered.

  2. Agent's Duties : This section outlines the responsibilities of the real estate agent, such as marketing the property, finding potential buyers, and complying with laws and regulations. It's like assigning a project manager to oversee the sale of the property and ensure everything runs smoothly.

  3. Listing Terms : This section specifies the initial listing price and the duration of the listing agreement. It's like setting the price tag and the time frame for a product to be sold in a store.

  4. Commission Structure : This section explains how the agent will be compensated for their services, including the percentage of the sale price they will receive and how the commission will be split if another agent is involved. It's like determining the salesperson's commission for selling a product.

  5. Exclusive Listing Rights : This section states that the seller cannot list the property with another agent during the listing period and outlines the conditions under which the agent is still entitled to a commission after the agreement ends. It's like having an exclusive contract with a store to sell a product, ensuring no one else can sell it during that time.

  6. Seller's Representations and Warranties : This section contains the seller's promises about their ownership of the property, its condition, and their authority to sell it. It's like a seller guaranteeing that a product is genuine and in good condition before selling it.

  7. Termination : This section explains how either party can end the agreement if the other party breaches its terms, including the process for providing notice and an opportunity to fix the issue. It's like having a clause in a contract that allows you to cancel it if the other party doesn't fulfill their obligations.

  8. Governing Law and Dispute Resolution : This section establishes the laws that will govern the agreement and the process for resolving disputes, such as arbitration. It's like setting the rules of the game and deciding how to handle disagreements if they arise.

  9. Entire Agreement : This section states that the agreement is the complete understanding between the parties and supersedes any previous agreements or discussions. It's like saying that this contract is the final word on the matter and replaces any previous arrangements.

  10. Amendments and Waivers : This section explains how the agreement can be changed or how certain terms can be waived, but only if both parties agree in writing. It's like having a process for updating a contract or making exceptions to its terms if both parties agree.

  11. Execution : This section contains the signatures of both the seller and the agent, indicating their agreement to the terms. It's like signing a contract to make it official and binding.

Ready to get started?

Create your Real Estate Listing Agreement now