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Exclusive Seller Agency Agreement for the United Kingdom

Exclusive Seller Agency Agreement Template for United States

An Exclusive Seller Agency Agreement is a legally binding contract used in the United States real estate market that establishes an exclusive relationship between a property seller and a real estate agency. This agreement grants the agency sole rights to market and sell the property for a specified period, typically including terms for commission, marketing responsibilities, and property pricing. It operates under both federal real estate laws and state-specific regulations, providing protection for both parties while ensuring compliance with local real estate practices.

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Exclusive Seller Agency Agreement

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What is a Exclusive Seller Agency Agreement?

The Exclusive Seller Agency Agreement serves as the foundational document for professional property sales in the United States real estate market. This contract type is essential when property owners wish to engage a single real estate agency for the sale of their property, ensuring focused dedication and clear accountability. The agreement typically covers crucial elements such as commission structures, marketing commitments, duration of representation, and the scope of services provided. It's designed to protect both the seller's and agency's interests while complying with federal regulations like RESPA and state-specific real estate laws. This document is particularly important in establishing clear expectations and preventing potential conflicts regarding representation and compensation.

What sections should be included in a Exclusive Seller Agency Agreement?

1. Parties: Identification of the seller and the real estate agency

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Scope of Agency: Details of exclusive representation rights and obligations

5. Term: Duration of the agreement and renewal provisions

6. Commission Structure: Payment terms and conditions

7. Agent's Obligations: Duties and responsibilities of the agent

8. Seller's Obligations: Duties and responsibilities of the seller

9. Termination: Conditions for ending the agreement

What sections are optional to include in a Exclusive Seller Agency Agreement?

1. Marketing Plan: Specific marketing strategies and commitments for promoting the property

2. Protection Period: Post-termination rights regarding potential buyers introduced during the listing period

3. Virtual Tours: Terms regarding virtual showings, online marketing, and digital presentation of the property

What schedules should be included in a Exclusive Seller Agency Agreement?

1. Property Description Schedule: Detailed description of the property being sold including address, features, and specifications

2. Commission Schedule: Detailed breakdown of commission structures and scenarios for different sale situations

3. Marketing Plan Schedule: Detailed marketing strategy, timeline, and specific promotional activities

4. Agency Disclosure Form: State-mandated agency relationship disclosure form detailing the nature of the relationship

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

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses

























Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, settlement processes, and required disclosures

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including real estate financing

Americans with Disabilities Act: Federal law ensuring equal access and prohibiting discrimination against individuals with disabilities in real estate transactions

State Real Estate Licensing Laws: State-specific regulations governing real estate agent licensing, duties, and professional requirements

State Agency Disclosure Requirements: State laws mandating specific disclosures about agency relationships between real estate professionals and clients

Statute of Frauds: State law requiring certain contracts, including real estate agreements, to be in writing to be enforceable

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORS喔⑧笌

Sherman Antitrust Act: Federal law prohibiting anticompetitive behavior and monopolistic practices in real estate markets

Clayton Act: Federal antitrust law supplementing the Sherman Act, addressing specific practices not explicitly covered in the Sherman Act

Federal Trade Commission Act: Federal law prohibiting unfair or deceptive trade practices in real estate transactions

State Commission Regulations: State-specific rules governing real estate commission structures, disclosure requirements, and payment terms

Property Condition Disclosure Laws: State laws requiring sellers to disclose known property defects and material facts about the property's condition

Privacy Laws: Federal and state regulations governing the collection, storage, and use of personal information in real estate transactions

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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