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Commercial Listing Agreement for Canada

Commercial Listing Agreement Template for Canada

A Commercial Listing Agreement is a legally binding contract used in Canadian jurisdictions between a property owner/landlord and a real estate brokerage firm, authorizing the broker to market and sell or lease commercial property. The agreement operates under Canadian federal and provincial real estate laws, particularly adhering to the Real Estate and Business Brokers Act (REBBA) and relevant provincial regulations. It outlines the terms of the listing relationship, including the property details, listing duration, commission structure, marketing obligations, and the rights and responsibilities of both parties.

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Commercial Listing Agreement

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What is a Commercial Listing Agreement?

The Commercial Listing Agreement is a fundamental document in Canadian commercial real estate transactions, establishing the professional relationship between property owners and real estate brokers. This agreement is essential when a property owner wishes to engage a professional brokerage firm to market and facilitate the sale or lease of commercial property. The document complies with Canadian federal and provincial real estate regulations, including REBBA and provincial commercial property laws. It typically includes detailed provisions for property marketing, commission structures, service scope, and obligations of all parties. The agreement is particularly important as it protects both the property owner's and broker's interests by clearly defining the terms of their business relationship, marketing authorizations, and compensation arrangements.

What sections should be included in a Commercial Listing Agreement?

1. Parties: Identifies and provides full legal details of the Property Owner/Landlord and the Brokerage Firm

2. Background: Establishes the context of the agreement, including the broker's authority to list and market the property

3. Definitions: Defines key terms used throughout the agreement including Property, Listing Period, Commission, and other relevant terms

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

5. Listing Terms: Specifies the listing price, listing period, and any renewal terms

6. Broker's Rights and Obligations: Details the services to be provided by the broker including marketing, showing the property, and handling inquiries

7. Owner's Rights and Obligations: Outlines the property owner's responsibilities including providing information, access to the property, and cooperation

8. Commission Structure: Details the commission rate, payment terms, and circumstances under which commission becomes payable

9. Marketing Authorization: Specifies permitted marketing activities and use of property information and images

10. Termination: Conditions and process for ending the agreement

11. Representations and Warranties: Statements of fact by both parties regarding their authority, the property condition, and other material facts

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

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

1. Multiple Listing Service Authorization: Optional section for authorizing listing on specific MLS systems, used when MLS listing is desired

2. Co-operating Brokerage Terms: Details arrangements with other brokers, used when co-operative selling is anticipated

3. Environmental Matters: Special provisions regarding environmental conditions, used for properties with known or potential environmental issues

4. Property Management Services: Additional terms for property management services if included with listing agreement

5. Confidentiality Provisions: Enhanced confidentiality terms, used for sensitive commercial properties or when requested by owner

6. International Marketing: Special provisions for international marketing efforts, used when targeting foreign investors

7. Digital Marketing Rights: Specific terms for digital and social media marketing, used when extensive online marketing is planned

What schedules should be included in a Commercial Listing Agreement?

1. Schedule A - Property Details: Detailed description of the property including floor plans, lot size, and improvements

2. Schedule B - Marketing Plan: Detailed marketing strategy and planned activities

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

4. Schedule D - Property Photographs: Approved photographs and images of the property for marketing purposes

5. Schedule E - Due Diligence Documents: List of available property documents, reports, and certificates

6. Appendix 1 - Property Condition Report: Current condition assessment of the property

7. Appendix 2 - Tenant Schedule: List of current tenants and lease terms if applicable

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

Commercial Real Estate

Retail

Office Space

Industrial

Hospitality

Healthcare

Manufacturing

Warehousing

Professional Services

Entertainment

Mixed-Use Development

Relevant Teams

Real Estate

Legal

Operations

Asset Management

Property Management

Business Development

Facilities Management

Investment

Corporate Services

Risk Management

Relevant Roles

Real Estate Broker

Commercial Property Manager

Business Development Manager

Real Estate Agent

Property Owner

Asset Manager

Facilities Manager

Real Estate Director

Commercial Leasing Manager

Investment Manager

Real Estate Portfolio Manager

Legal Counsel

Chief Operating Officer

Property Development 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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