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Real Estate Agent Listing Agreement Template for United States

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Key Requirements PROMPT example:

Real Estate Agent Listing Agreement

"I need a Real Estate Agent Listing Agreement for my luxury beachfront property in Florida, with special provisions for international marketing and virtual tours, and a commission structure that includes performance bonuses for selling above asking price by March 2025."

What is a Real Estate Agent Listing Agreement?

A Real Estate Agent Listing Agreement serves as the foundational document for the professional relationship between property sellers and real estate agents in the United States. This agreement is essential when property owners wish to engage professional representation for selling their property. It typically includes detailed terms about marketing strategies, commission structures, duration of representation, and mutual obligations. The document must adhere to both federal regulations and state-specific real estate laws, which can vary by jurisdiction. It provides legal protection for both parties and clearly defines the scope of the agent's authority to act on behalf of the seller.

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

1. Parties: Identifies the real estate agent/broker and property owner(s)

2. Background: Brief context about the property and intention to sell

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being listed

5. Listing Price and Terms: Agreed listing price and basic terms of potential sale

6. Agency Relationship: Definition of the relationship between agent and seller

7. Commission Structure: Details of agent compensation and payment terms

8. Duration: Term of the listing agreement including start and end dates

9. Agent's Obligations: Detailed responsibilities of the real estate agent

10. Seller's Obligations: Detailed responsibilities of the property owner

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

1. Dual Agency Provisions: Required if agent might represent both seller and buyer - applicable in jurisdictions allowing dual agency

2. International Marketing: Specific provisions for marketing property internationally - used for luxury or unique properties with international appeal

3. Virtual Showing Rights: Terms for virtual tours and online marketing - when digital marketing is a significant component

4. Exclusions: List of potential buyers excluded from the agreement - used when seller has pre-existing prospects

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

1. Property Details Schedule: Detailed property specifications and features

2. Marketing Plan: Detailed marketing strategy and commitments

3. Commission Schedule: Detailed breakdown of commission structures

4. Property Disclosure Statement: Mandatory disclosures about property condition

5. Photography Authorization: Permission for property photography and virtual tours

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses


















Industries

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

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and prohibiting kickbacks in real estate transactions

Truth in Lending Act: Federal law requiring disclosure of credit terms in real estate transactions

Americans with Disabilities Act: Federal law ensuring accessibility requirements in real estate contexts

State Real Estate Commission Regulations: State-specific rules governing real estate transactions and agent conduct set by state real estate commissions

State Licensing Requirements: State-specific requirements for obtaining and maintaining real estate agent licenses

State Disclosure Requirements: State-mandated disclosures that must be made during real estate transactions

State Agency Relationship Laws: State laws defining and governing the relationship between real estate agents and their clients

State Contract Laws: State-specific laws governing the formation and enforcement of contracts, including real estate agreements

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORSยฎ

MLS Rules: Multiple Listing Service regulations governing how properties are listed and marketed

Local Real Estate Board Requirements: Specific rules and regulations set by local real estate boards and associations

Commission Structure: Requirements for clearly defining commission rates, payment terms, and conditions in listing agreements

Duration Terms: Legal requirements for specifying the time period of the listing agreement and any renewal or termination provisions

Agent Duties: Legal obligations and responsibilities of the real estate agent that must be outlined in the listing agreement

Seller Obligations: Legal requirements regarding seller's responsibilities and obligations during the listing period

Property Description Requirements: Legal requirements for accurately describing the property and its condition in the listing agreement

Marketing Terms: Requirements for specifying how the property will be marketed and advertised

Termination Provisions: Legal requirements for including terms and conditions under which the listing agreement can be terminated

Dispute Resolution: Requirements for including procedures for resolving disputes between parties to the listing agreement

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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