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Exclusive Listing Contract for the United States

Exclusive Listing Contract Template for United States

An Exclusive Listing Contract is a legally binding agreement in the United States between a property owner and a real estate broker, granting the broker exclusive rights to sell or lease the property for a specified period. This document outlines the terms of representation, commission structure, property details, marketing responsibilities, and duration of the exclusive relationship. It includes state-specific requirements and must comply with both federal and state real estate laws.

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Exclusive Listing Contract

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What is a Exclusive Listing Contract?

The Exclusive Listing Contract serves as the primary agreement establishing a professional relationship between property owners and real estate professionals in the United States. This document is essential when a property owner wants to engage a single broker to market and sell their property, providing the broker with the exclusive right to represent the property in the market. The contract typically includes detailed terms about the property, pricing strategy, marketing approach, commission structure, and the duration of the exclusive arrangement. It must comply with state-specific real estate laws and federal regulations, including the Real Estate Settlement Procedures Act (RESPA) and Fair Housing Act requirements.

What sections should be included in a Exclusive Listing Contract?

1. Parties: Identification of the property owner and the listing broker/agent

2. Background: Context of the listing agreement and property details

3. Definitions: Key terms used throughout the agreement

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

5. Listing Price: Agreed listing price and pricing strategy

6. Commission Structure: Terms of compensation for the broker

7. Duration of Agreement: Term of the exclusive listing contract

8. Broker's Obligations: Services to be provided by the broker

9. Seller's Obligations: Requirements and commitments of the property owner

What sections are optional to include in a Exclusive Listing Contract?

1. Virtual Tours/Photography: Terms regarding digital marketing materials and usage rights for promotional content

2. Dual Agency: Terms and conditions for situations where broker represents both seller and buyer

3. Open House Provisions: Terms and conditions for conducting open houses and related responsibilities

What schedules should be included in a Exclusive Listing Contract?

1. Property Details Schedule: Detailed information about the property including fixtures and fittings

2. Marketing Plan: Detailed marketing strategy and timeline

3. Commission Schedule: Detailed breakdown of commission structure and payment terms

4. Required Disclosures: State-mandated property condition disclosures and other required forms

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

Cost

Free to use
Clauses





























Industries

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

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

ADA: Americans with Disabilities Act - Federal law ensuring equal access and preventing discrimination against individuals with disabilities

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

State Real Estate Licensing Laws: State-specific regulations governing the licensing and conduct of real estate professionals

State Disclosure Requirements: State-mandated disclosures regarding property condition, defects, and other material facts

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

State Agency Relationship Laws: Laws defining and regulating the relationships between real estate agents, buyers, and sellers

State Fair Housing Laws: State-specific anti-discrimination laws in housing that may exceed federal requirements

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORS锟斤拷

MLS Regulations: Rules and requirements set by Multiple Listing Services for property listings and professional conduct

Commission Structure Regulations: State and federal rules governing how real estate commissions can be structured and shared

Dual Agency Disclosure Requirements: Laws requiring disclosure and consent when an agent represents both buyer and seller

ESIGN Act: Federal law governing the use and validity of electronic signatures 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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