The No Home Sale Contract emerged from the need to provide flexibility in real estate listing agreements within the Canadian market. This document is typically used when property owners wish to retain a real estate agent's services for general property transactions while maintaining the right to sell specific properties independently or through alternative means. The agreement protects both the agent's interests in their commissioned work and the owner's rights regarding excluded properties. It must comply with provincial real estate regulations, the Real Estate and Business Brokers Act (where applicable), and relevant consumer protection legislation. The document includes critical elements such as property identification, commission structures, service terms, and explicit exclusions, making it essential for situations where property owners want to maintain control over certain property sales while benefiting from professional real estate services for others.
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1. Parties: Identifies the real estate agent/brokerage and the property owner(s) entering into the agreement
2. Background: Provides context for the agreement, including the owner's intention to sell property and the agent's qualifications
3. Definitions: Defines key terms used throughout the agreement including 'Excluded Property', 'Listed Property', 'Commission', and 'Listing Period'
4. Scope of Services: Details the services the real estate agent will provide for properties not excluded from the agreement
5. Excluded Properties: Specifically identifies and describes the properties excluded from the listing agreement
6. Commission Structure: Outlines the commission rates and payment terms for properties sold under this agreement
7. Term and Termination: Specifies the duration of the agreement and conditions for early termination
8. Agent's Obligations: Details the responsibilities and duties of the real estate agent
9. Owner's Obligations: Specifies the responsibilities and commitments of the property owner
10. Representations and Warranties: Contains statements of fact and promises made by both parties
11. Confidentiality: Addresses the handling and protection of confidential information
12. General Provisions: Includes standard contract clauses such as governing law, amendments, and notices
1. Holdover Period: Optional clause specifying a period after termination during which the agent may still be entitled to commission for certain transactions
2. Digital Marketing: Optional section detailing specific online marketing strategies and permissions
3. Dispute Resolution: Optional section outlining specific procedures for handling disputes, including mediation or arbitration
4. Assignment Rights: Optional clause specifying whether and how the agreement can be assigned to another agent or brokerage
5. Force Majeure: Optional clause addressing unforeseen circumstances that may affect contract performance
6. Multiple Listing Service: Optional section dealing with MLS listing procedures and requirements
1. Schedule A - Excluded Properties: Detailed list and descriptions of properties specifically excluded from the listing agreement
2. Schedule B - Commission Schedule: Detailed breakdown of commission rates for different types of properties or transaction values
3. Schedule C - Marketing Plan: Outline of the proposed marketing strategies and activities
4. Schedule D - Service Level Agreement: Detailed description of specific services to be provided and associated timelines
5. Appendix 1 - Property Documentation: Forms and documents required for property listings
6. Appendix 2 - Agency Disclosure: Standard agency relationship disclosure forms required by law
Relevant legal definitions
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Property Management
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Professional Services
Residential Property
Commercial Property
Property Development
Real Estate Investment
Relevant Teams
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Real Estate Operations
Compliance
Contract Administration
Property Management
Business Development
Risk Management
Documentation
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Attorney
Legal Counsel
Contract Administrator
Real Estate Manager
Compliance Officer
Real Estate Partner
Property Development Manager
Real Estate Operations Director
Transaction Coordinator
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