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Commercial Real Estate Listing Agreement for Canada

Commercial Real Estate Listing Agreement Template for Canada

A comprehensive legal agreement used in Canadian jurisdictions that establishes the terms and conditions under which a real estate brokerage will market and list a commercial property for sale or lease. The document outlines the rights and obligations of both the property owner and the brokerage, including commission structures, marketing commitments, property access rights, and listing duration. It incorporates specific requirements under Canadian real estate regulations, particularly the Real Estate and Business Brokers Act (REBBA), and includes necessary provisions for compliance with provincial and federal laws regarding commercial property transactions.

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Commercial Real Estate Listing Agreement

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What is a Commercial Real Estate Listing Agreement?

The Commercial Real Estate Listing Agreement is a fundamental document in Canadian commercial property transactions that formalizes the relationship between property owners and real estate brokerages. This agreement is essential when owners seek professional representation to market and sell or lease their commercial properties. It's particularly important in Canadian jurisdictions where specific regulatory requirements, such as those under REBBA and provincial real estate laws, must be met. The document typically includes detailed specifications about the property, commission structures, marketing strategies, and the scope of the broker's authority. It protects both parties' interests by clearly defining responsibilities, listing terms, and conditions for successful transaction completion. The agreement is commonly used for various commercial properties, from office buildings to retail spaces, and can be adapted to accommodate different property types while maintaining compliance with Canadian legal requirements.

What sections should be included in a Commercial Real Estate Listing Agreement?

1. Parties: Identifies the listing brokerage and the property owner/landlord, including full legal names and contact details

2. Background: Establishes the context of the agreement, including property ownership verification and the intent to list the property

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', 'Gross Lease Value', etc.

4. Property Description: Detailed description of the commercial property, including legal description, address, and property specifications

5. Listing Terms: Specifies the listing price/lease rate, listing period, and type of listing (exclusive or non-exclusive)

6. Broker's Rights and Obligations: Outlines the broker's responsibilities, marketing commitments, and authorized activities

7. Owner's Representations and Warranties: Property owner's declarations regarding property condition, title, and authority to sell/lease

8. Commission Structure: Details of commission rates, payment terms, and conditions for commission becoming due

9. Marketing Authorization: Specific permissions for advertising, signage, and property access for showings

10. Termination: Conditions and process for ending the listing agreement

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

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

1. Holdover Period: Used when parties want to specify a period after listing expiration during which the broker may still be entitled to commission

2. Multiple Listing Service Authorization: Include when the property will be listed on MLS systems

3. Environmental Matters: Required when the property has known environmental issues or requires specific environmental disclosures

4. Property Management Services: Include when the broker will provide additional property management services during the listing period

5. Co-operating Brokerage Terms: Used when specific terms for co-operating brokers need to be established

6. Digital Marketing Provisions: Include specific terms for online marketing, virtual tours, and digital advertising strategies

What schedules should be included in a Commercial Real Estate Listing Agreement?

1. Schedule A - Property Details: Comprehensive property specifications, including square footage, zoning, and improvements

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures for different transaction scenarios

3. Schedule C - Marketing Plan: Specific marketing activities and timeline committed to by the broker

4. Schedule D - Property Photographs: Approved photographs and visual materials for marketing

5. Appendix 1 - Property Condition Report: Current condition assessment and known issues with the property

6. Appendix 2 - Required Disclosures: Mandatory disclosures required by law or regulation

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

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Commercial Real Estate

Retail

Office Space

Industrial

Hospitality

Mixed-Use Development

Warehousing and Distribution

Healthcare Facilities

Professional Services

Relevant Teams

Real Estate

Legal

Asset Management

Property Management

Business Development

Facilities Management

Investment

Operations

Risk Management

Contract Administration

Relevant Roles

Real Estate Broker

Commercial Property Manager

Real Estate Agent

Property Owner

Asset Manager

Legal Counsel

Business Development Manager

Commercial Leasing Manager

Real Estate Portfolio Manager

Investment Director

Facilities Manager

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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