The Real Estate Sellers Contract is a fundamental document in Canadian property transactions, used when a property owner wishes to engage professional real estate services for the sale of their property. This contract type establishes the formal relationship between the seller and the real estate brokerage, defining the scope of services, commission structures, and mutual obligations. It must comply with both federal regulations and provincial real estate laws, including the Real Estate and Business Brokers Act where applicable. The document is essential for protecting both parties' interests and ensuring clear communication of expectations throughout the property sale process. It includes critical elements such as property details, listing terms, marketing authorizations, and commission structures, while incorporating specific Canadian legal requirements for real estate transactions.
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1. Parties: Identification of the seller(s) and the real estate brokerage/agent, including full legal names, addresses, and contact information
2. Background: Context of the agreement, including property ownership confirmation and intention to sell
3. Definitions: Key terms used throughout the agreement, including property-specific terminology and real estate industry terms
4. Property Description: Detailed legal description of the property, including address, lot number, and property identification number
5. Listing Terms: Specific terms of the listing including listing price, listing period, and type of listing (exclusive or non-exclusive)
6. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission earning
7. Seller's Representations and Warranties: Seller's confirmations about property condition, ownership, and absence of undisclosed issues
8. Seller's Obligations: Specific duties of the seller during the listing period, including property access and maintenance
9. Agent's Services and Obligations: Detailed description of services to be provided by the real estate agent/brokerage
10. Marketing Authorization: Permissions for property marketing, including photography, signage, and online listings
11. Showing Instructions: Requirements and procedures for property viewings and open houses
12. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination
13. Dispute Resolution: Procedures for handling disagreements between parties
14. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments
1. Multiple Listing Service (MLS) Terms: Specific terms and requirements for MLS listing, used when the property will be listed on MLS
2. Tenant Provisions: Special provisions regarding existing tenants, used when the property is currently rented
3. Holdover Period: Terms regarding commission payment for post-listing period sales, used in exclusive listings
4. Property Management: Terms for property management during vacancy, used when the seller is not local
5. Special Marketing Provisions: Additional marketing requirements for luxury or unique properties
6. International Marketing: Specific terms for marketing to international buyers, used for high-end properties
7. Virtual Showing Requirements: Special provisions for virtual tours and online showings, used when emphasizing digital marketing
8. Heritage Property Provisions: Special terms for heritage-designated properties, used when applicable
1. Schedule A - Property Details: Comprehensive property information including lot size, building specifications, and included fixtures
2. Schedule B - Property Photographs: Current photographs of the property, including all major rooms and exterior views
3. Schedule C - Excluded Items: List of items specifically excluded from the sale
4. Schedule D - Known Defects Disclosure: Detailed list of known property issues or defects
5. Schedule E - Marketing Plan: Detailed marketing strategy and timeline
6. Schedule F - Commission Schedule: Detailed breakdown of commission structures and payment scenarios
7. Appendix 1 - Property Title Documents: Copies of relevant property ownership documents
8. Appendix 2 - Property Survey: Current property survey showing boundaries and structures
9. Appendix 3 - Utility Information: Details of current utility services and average costs
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Legal Services
Financial Services
Property Management
Construction and Development
Professional Services
Insurance
Banking
Property Investment
Relevant Teams
Legal
Real Estate Operations
Sales
Compliance
Risk Management
Document Control
Business Development
Property Management
Contract Administration
Transaction Processing
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Lawyer
Legal Counsel
Contract Administrator
Compliance Officer
Real Estate Transaction Coordinator
Business Development Manager
Sales Director
Property Developer
Real Estate Investment Manager
Real Estate Operations Manager
Document Control Specialist
Risk Management Officer
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