Exclusive Sale And Listing Agreement Template for United States

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Key Requirements PROMPT example:

Exclusive Sale And Listing Agreement

"I need an Exclusive Sale And Listing Agreement for a luxury beachfront property in Miami, Florida, with a six-month listing period starting March 1, 2025, including international marketing provisions and a tiered commission structure based on the final selling price."

Document background
The Exclusive Sale And Listing Agreement is a fundamental document in U.S. real estate transactions, used when property owners want to establish a dedicated relationship with a single broker for selling their property. This contract type provides the broker exclusive rights to market and sell the property while protecting both parties' interests through clearly defined terms, obligations, and compensation structures. It's particularly important in competitive real estate markets where clear representation rights need to be established. The agreement must comply with both federal regulations and state-specific real estate laws, making it essential to adapt the document to local jurisdiction requirements.
Suggested Sections

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

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Listing Terms: Duration, pricing, and exclusivity provisions

5. Broker's Obligations: Marketing commitments and services to be provided

6. Owner's Obligations: Property access, cooperation, and disclosure requirements

7. Commission Structure: Payment terms and conditions

8. Termination: Conditions and process for ending the agreement

Optional Sections

1. Dual Agency: Terms for situations where broker represents both parties - used when dual agency is permitted in the state

2. Virtual Tours: Provisions for digital marketing and virtual showings - included when virtual marketing services are offered

3. International Marketing: Terms for marketing property internationally - used for luxury or unique properties with international appeal

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including fixtures and fittings

2. Marketing Plan: Detailed marketing strategy and commitments

3. Commission Schedule: Detailed breakdown of commission structures and scenarios

4. Property Disclosure Statement: Owner's disclosures about property condition

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

Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, settlement services, and disclosure requirements

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

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

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

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Federal law establishing legal validity of electronic signatures and records in real estate transactions

State Real Estate Licensing Laws: State-specific regulations governing real estate professional licensing, requirements, and conduct

State Agency Disclosure Requirements: State-mandated rules for disclosing agency relationships between real estate professionals and their clients

State Contract Requirements: State-specific mandatory provisions and formats for real estate contracts and listing agreements

State Property Laws: State-specific regulations governing property rights, transfers, and real estate transactions

State Consumer Protection Laws: State-specific laws protecting consumers in real estate transactions from unfair or deceptive practices

NAR Code of Ethics: National Association of REALTORS�� professional standards and ethical requirements for member agents

State Real Estate Commission Rules: Regulatory requirements and guidelines established by state real estate commissions for professional conduct

MLS Regulations: Multiple Listing Service rules governing property listing requirements, data sharing, and cooperation between agents

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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