Exclusive Brokerage Listing Agreement Template for Canada

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Key Requirements PROMPT example:

Exclusive Brokerage Listing Agreement

"I need an Exclusive Brokerage Listing Agreement for my luxury residential property in Vancouver, with a six-month listing period starting March 1, 2025, including provisions for virtual tours and international marketing services."

Document background

The Exclusive Brokerage Listing Agreement is a crucial document in Canadian real estate transactions, used when a property owner wishes to engage a single brokerage firm for the sale of their property. This agreement type provides the brokerage with exclusive rights to market and sell the property, meaning the owner cannot list with other brokerages during the contract period. The document is essential for establishing clear terms of engagement, protecting both parties' interests, and ensuring compliance with provincial real estate regulations. It typically includes detailed property information, commission structures, marketing commitments, and service obligations. The agreement's exclusive nature incentivizes brokerages to invest maximum resources in marketing and selling the property, as they are guaranteed commission if the property sells during the listing period, regardless of who brings the buyer.

Suggested Sections

1. Parties: Identifies the property owner (seller) and the brokerage firm, including full legal names and contact information

2. Background: Establishes the context of the agreement, including the owner's intention to sell the property and the brokerage's qualifications

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', and 'Exclusive Right'

4. Property Description: Detailed description of the property being listed, including legal description and municipal address

5. Listing Terms: Specifies the listing price, listing period, and any conditions related to the property's marketing

6. Brokerage Services: Outlines the specific services the brokerage will provide, including marketing strategies and showing arrangements

7. Commission Structure: Details the commission rate, payment terms, and circumstances under which commission becomes payable

8. Seller's Representations and Warranties: Seller's confirmations regarding property ownership, condition, and authority to sell

9. Brokerage's Obligations: Specific duties and responsibilities of the brokerage firm

10. Seller's Obligations: Specific duties and responsibilities of the property owner

11. Term and Termination: Duration of the agreement and conditions for early termination

12. Holdover Period: Terms regarding post-expiration period and protection of brokerage's interests

13. Dispute Resolution: Process for resolving disputes between parties

14. Governing Law: Specifies that the agreement is governed by Canadian law and applicable provincial legislation

15. Execution: Signature block and date of agreement

Optional Sections

1. Multiple Listing Service: Terms regarding MLS listing, used when the property will be listed on MLS

2. Photography and Virtual Tours: Specific terms regarding professional photography and virtual tour services, used when these services are included

3. Property Management: Terms regarding property management during the listing period, used for vacant properties or those requiring special management

4. International Marketing: Additional terms for international marketing efforts, used when targeting foreign buyers

5. Tenant Rights: Special provisions regarding existing tenants, used when the property is tenant-occupied

6. Environmental Matters: Special provisions regarding environmental issues, used for properties with known environmental concerns

7. Heritage Property Provisions: Special terms for heritage properties, used when the property has heritage designation

8. Assignment Rights: Terms regarding the assignment of the agreement, used when assignment rights are granted

Suggested Schedules

1. Schedule A - Property Details: Comprehensive description of the property, including fixtures, chattels, and exclusions

2. Schedule B - Marketing Plan: Detailed marketing strategy and promotional activities to be undertaken by the brokerage

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms

4. Schedule D - Property Disclosure Statement: Seller's declarations regarding the property's condition and known issues

5. Schedule E - Service Level Agreement: Detailed description of specific services to be provided by the brokerage

6. Appendix 1 - Property Photos: Current photographs of the property

7. Appendix 2 - Property Documents: Copies of relevant property documents (surveys, certificates, etc.)

8. Appendix 3 - Agency Disclosure: Mandatory agency relationship disclosure forms as required by provincial regulations

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Retail Property

Mixed-Use Development

Luxury Real Estate

Property Management

Real Estate Investment

Professional Services

Relevant Teams

Legal

Real Estate Operations

Sales

Marketing

Compliance

Business Development

Contract Administration

Client Relations

Property Management

Transaction Processing

Relevant Roles

Real Estate Broker

Real Estate Agent

Property Owner

Real Estate Attorney

Property Manager

Real Estate Marketing Manager

Compliance Officer

Legal Counsel

Business Development Manager

Transaction Coordinator

Real Estate Operations Manager

Contract Administrator

Sales Director

Marketing Coordinator

Client Relations Manager

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Authors

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