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Commercial Listing Agreement
"I need a Commercial Listing Agreement for my downtown Toronto retail property (5,000 sq ft), with a 6-month listing period starting January 1, 2025, including a tiered commission structure that increases if the property sells above asking price."
1. Parties: Identifies and provides full legal details of the Property Owner/Landlord and the Brokerage Firm
2. Background: Establishes the context of the agreement, including the broker's authority to list and market the property
3. Definitions: Defines key terms used throughout the agreement including Property, Listing Period, Commission, and other relevant terms
4. Property Description: Detailed description of the commercial property including legal description, address, and included/excluded items
5. Listing Terms: Specifies the listing price, listing period, and any renewal terms
6. Broker's Rights and Obligations: Details the services to be provided by the broker including marketing, showing the property, and handling inquiries
7. Owner's Rights and Obligations: Outlines the property owner's responsibilities including providing information, access to the property, and cooperation
8. Commission Structure: Details the commission rate, payment terms, and circumstances under which commission becomes payable
9. Marketing Authorization: Specifies permitted marketing activities and use of property information and images
10. Termination: Conditions and process for ending the agreement
11. Representations and Warranties: Statements of fact by both parties regarding their authority, the property condition, and other material facts
12. General Provisions: Standard clauses including governing law, entire agreement, amendments, and notices
1. Multiple Listing Service Authorization: Optional section for authorizing listing on specific MLS systems, used when MLS listing is desired
2. Co-operating Brokerage Terms: Details arrangements with other brokers, used when co-operative selling is anticipated
3. Environmental Matters: Special provisions regarding environmental conditions, used for properties with known or potential environmental issues
4. Property Management Services: Additional terms for property management services if included with listing agreement
5. Confidentiality Provisions: Enhanced confidentiality terms, used for sensitive commercial properties or when requested by owner
6. International Marketing: Special provisions for international marketing efforts, used when targeting foreign investors
7. Digital Marketing Rights: Specific terms for digital and social media marketing, used when extensive online marketing is planned
1. Schedule A - Property Details: Detailed description of the property including floor plans, lot size, and improvements
2. Schedule B - Marketing Plan: Detailed marketing strategy and planned activities
3. Schedule C - Commission Schedule: Detailed breakdown of commission structures for different transaction scenarios
4. Schedule D - Property Photographs: Approved photographs and images of the property for marketing purposes
5. Schedule E - Due Diligence Documents: List of available property documents, reports, and certificates
6. Appendix 1 - Property Condition Report: Current condition assessment of the property
7. Appendix 2 - Tenant Schedule: List of current tenants and lease terms if applicable
Authors
Property
Listing Period
Exclusive Listing
Listing Price
Commission
Brokerage
Broker
Property Owner
Marketing Services
Closing Date
Deposit
Due Diligence Materials
Effective Date
Gross Leasable Area
Lease Transaction
Sale Transaction
Multiple Listing Service (MLS)
Net Operating Income
Offer to Purchase
Operating Expenses
Professional Fees
Property Information
Real Estate Board
Related Transaction
Renewal Term
Sale Price
Signage
Term of Lease
Transaction
Zoning
Co-operating Brokerage
Marketing Material
Confidential Information
Business Day
Force Majeure
Permitted Use
Environmental Hazards
Market Value
Exclusivity
Term and Duration
Commission
Marketing and Advertising
Property Access
Confidentiality
Representations and Warranties
Broker Obligations
Owner Obligations
Commission Protection
Property Information Disclosure
Multiple Listing Service
Signage Rights
Intellectual Property
Indemnification
Insurance
Assignment
Termination
Force Majeure
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Environmental Matters
Co-operation
Data Protection
Competition Law Compliance
Anti-Money Laundering
Electronic Communications
Third Party Rights
Survival
Commercial Real Estate
Retail
Office Space
Industrial
Hospitality
Healthcare
Manufacturing
Warehousing
Professional Services
Entertainment
Mixed-Use Development
Real Estate
Legal
Operations
Asset Management
Property Management
Business Development
Facilities Management
Investment
Corporate Services
Risk Management
Real Estate Broker
Commercial Property Manager
Business Development Manager
Real Estate Agent
Property Owner
Asset Manager
Facilities Manager
Real Estate Director
Commercial Leasing Manager
Investment Manager
Real Estate Portfolio Manager
Legal Counsel
Chief Operating Officer
Property Development Manager
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