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Broker Listing Agreement for Canada

Broker Listing Agreement Template for Canada

A comprehensive legal agreement governed by Canadian real estate law that establishes the terms and conditions under which a real estate broker or brokerage firm is authorized to market and sell/lease a property on behalf of the owner. The agreement details the scope of services, commission structure, marketing obligations, property details, and the duration of the listing. It incorporates provincial real estate regulations and ensures compliance with relevant federal laws including privacy and anti-money laundering requirements. The document serves as the primary contract protecting both the property owner's and broker's interests throughout the listing period.

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Broker Listing Agreement

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What is a Broker Listing Agreement?

The Broker Listing Agreement is a fundamental document in Canadian real estate transactions, used when a property owner wishes to engage a professional broker or brokerage firm to market and sell/lease their property. This agreement is essential for both residential and commercial properties, establishing the legal framework for the broker-client relationship. It encompasses crucial elements such as property details, listing price, commission structures, marketing strategies, and service obligations. The document must comply with provincial real estate regulations and federal laws, including the Real Estate and Business Brokers Act and privacy legislation. It serves as the primary reference point for the entire listing relationship, protecting both parties' interests and clearly defining their respective rights and responsibilities. The agreement is particularly important in Canadian jurisdictions where real estate transactions are heavily regulated and specific disclosures and terms are mandatory.

What sections should be included in a Broker Listing Agreement?

1. Parties: Identification of the property owner(s) and the brokerage firm, including full legal names and addresses

2. Background: Brief context explaining the owner's intention to sell/lease the property and the broker's qualification to provide the service

3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', 'Gross Sale Price', etc.

4. Appointment and Authority: Formal appointment of the broker and scope of authority granted

5. Property Description: Detailed description of the property including legal description, address, and included/excluded items

6. Listing Terms: Listing price, listing period, and any specific terms of sale/lease

7. Broker's Obligations: Detailed listing of services to be provided by the broker including marketing, showings, and reporting

8. Owner's Representations and Warranties: Owner's declarations about property condition, ownership, and authority to sell

9. Commission Structure: Detailed explanation of commission rates, payment terms, and circumstances when commission is earned

10. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

11. Marketing Authorization: Consent for specific marketing activities, use of photos, signage, and online listings

12. General Terms: Standard clauses including entire agreement, amendments, governing law, and notices

13. Execution: Signature blocks and date of agreement

What sections are optional to include in a Broker Listing Agreement?

1. Multiple Listing Service Authorization: Used when the property will be listed on MLS, including specific terms and requirements

2. International Marketing: Added when property requires international marketing exposure

3. Property Management: Included for agreements involving rental/lease properties requiring management services

4. Dual Agency Consent: Required when the broker might represent both seller and buyer

5. Virtual Showing Authorization: Special provisions for virtual tours and online showings

6. Team Listing: Used when multiple brokers will be working on the listing

7. Environmental Matters: Added for properties with known environmental concerns or requirements

8. Development Potential: Included when marketing property with development opportunities

What schedules should be included in a Broker Listing Agreement?

1. Schedule A - Property Details: Comprehensive property information including lot size, building specifications, and features

2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures for different scenarios

4. Schedule D - Property Photographs: Approved photographs and virtual tour materials

5. Schedule E - Property Disclosure Statement: Owner's disclosure of property condition and known issues

6. Appendix 1 - Required Documentation: List of documents required from the owner

7. Appendix 2 - Service Level Agreement: Detailed breakdown of services to be provided and associated timelines

8. Appendix 3 - Marketing Budget: Breakdown of marketing expenses and responsibilities

Authors

Alex Denne

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

Jurisdiction

Canada

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions




















































Clauses








































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Healthcare Real Estate

Office Space

Mixed-Use Development

Agricultural Real Estate

Luxury Real Estate

Relevant Teams

Real Estate Operations

Legal

Compliance

Property Management

Asset Management

Marketing

Business Development

Investment

Acquisitions

Leasing

Portfolio Management

Risk Management

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Commercial Property Manager

Asset Manager

Real Estate Investment Manager

Property Development Manager

Legal Counsel

Compliance Officer

Real Estate Operations Manager

Portfolio Manager

Acquisitions Manager

Leasing Manager

Real Estate Marketing Manager

Industries








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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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