The Exclusive Seller Brokerage Agreement is essential when a property owner wants to engage a professional real estate broker to sell their property in the United States. This document establishes an exclusive relationship where the broker becomes the sole authorized representative for selling the property. The agreement typically includes listing price, commission rates, marketing strategies, duration of representation, and specific services to be provided. It protects both parties' interests and ensures compliance with federal and state real estate regulations. The agreement is particularly important as it defines the scope of the broker's authority and the seller's obligations during the sales process.
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1. Parties: Identification of the seller and the brokerage firm
2. Background: Context of the agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Scope of broker's authority and exclusivity terms
5. Term: Duration of the agreement including start and end dates
6. Broker's Obligations: Services to be provided by the broker
7. Seller's Obligations: Responsibilities and commitments of the seller
8. Commission: Commission rate, payment terms, and conditions
9. Termination: Conditions and procedures for ending the agreement
1. Dual Agency: Terms for situations where broker represents both buyer and seller (include when dual agency is permitted in the jurisdiction)
2. Virtual Tours/Photography: Terms regarding virtual marketing materials and digital marketing services
3. International Marketing: Provisions for marketing property internationally (typically for luxury or high-end properties)
1. Property Description Schedule: Detailed description of the property being listed
2. Commission Schedule: Detailed breakdown of commission structures and scenarios
3. Marketing Plan: Detailed marketing strategy and activities
4. Required State Disclosures: State-mandated disclosure forms and requirements
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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