Real estate brokerage mandate template (US)

Exclusive Right to Sell Listing Agreement

Many states require brokers to use a form approved by the state real estate commission or association, and to give agency disclosures. Check the rules of Property State before using this agreement.

This Listing Agreement is made on Agreement Date between Seller Names, at Seller Address ("Seller"), and Brokerage Firm Name, a licensed real estate broker in Property State, license no. Broker License Number, at Broker Address ("Broker"), acting through its agent Agent Name, license no. Agent License Number.

1. Property

Seller gives Broker the exclusive right to market and sell the property at Property Address, County County, parcel no. Parcel Number, including these fixtures and items: Included Items, and excluding: Excluded Items (the "Property").

2. Term

This Agreement starts on Start Date and ends at 11:59 p.m. on Expiration Date, unless extended in a writing signed by both parties.

3. Listing Price

The listing price is $Listing Price, or any other price and terms Seller accepts. Seller decides whether to accept any offer.

4. Commission

Broker's commission is negotiable and is not set by law. Seller will pay Broker a commission of Commission Percent% of the sale price, or $Flat Commission, if during the term:

• Broker, Seller or anyone else finds a buyer ready, willing and able to buy on the listed terms or on terms Seller accepts; or

• Seller sells, exchanges or agrees to sell the Property.

The commission is earned at closing and paid from the sale proceeds.

5. Protection Period

Seller will also owe the commission if, within Protection Days days after this Agreement ends, Seller sells the Property to anyone Broker showed it to or negotiated with during the term, and whose name Broker gave Seller in writing within Name List Days days after the term ends. This does not apply if Seller has listed the Property with another broker in good faith.

6. Cooperation and Buyer Broker Compensation

Seller authorizes Broker to offer compensation to brokers who represent buyers as follows: Buyer Broker Compensation Terms or None. Seller understands that buyers may negotiate and pay their own broker.

7. Marketing

Broker will market the Property through Marketing Methods, such as MLS, Online Listings, Photos, Open Houses and Signs. Seller authorizes Broker to place a sign, use a lockbox, and take photos and video. Seller will keep valuables, firearms and medicines secured during showings.

8. Agency

Broker represents Seller. With Seller's written consent, Broker may also act as a dual or transaction broker if a buyer it represents wishes to buy the Property, as allowed by state law: Dual Agency Consent: Yes or No. Seller has received the state's required agency disclosure.

9. Seller's Duties and Disclosures

Seller states that Seller owns the Property and has authority to sell it. Seller will complete the property condition disclosures required by state law and, for homes built before 1978, the federal lead-based paint disclosure, and will tell Broker of any known material defect. Seller will indemnify Broker against claims caused by Seller's incorrect information.

10. Earnest Money

Earnest money will be held by Escrow Holder in line with state law and the purchase contract. If a buyer forfeits earnest money, it will be divided as follows: Forfeited Deposit Split.

11. Fair Housing

The Property will be offered without regard to race, color, religion, sex, disability, familial status, national origin, or any other class protected by federal, state or local law.

12. No Legal or Tax Advice

Broker does not give legal, tax, survey or inspection advice. Seller should consult appropriate professionals.

General Terms

Governing law. This Agreement is governed by the laws of the State of Governing State, without regard to its conflict of laws rules. Any lawsuit will be brought in the state or federal courts located in Venue County and State.

Entire agreement. This Agreement is the parties' complete agreement on its subject and replaces all earlier discussions. It may be changed only in a writing signed by both parties.

Severability. If a court finds any part of this Agreement unenforceable, that part will be enforced to the extent the law allows, and the rest stays in effect.

Assignment. Neither party may assign this Agreement without the other's written consent, except to a successor to its whole business.

Notices. Notices must be in writing and sent to the addresses above by personal delivery, certified mail or a nationally recognized courier.

Counterparts and e-signatures. This Agreement may be signed in counterparts and by electronic signature, which has the same effect as an original.

| Seller | Broker |

| --- | --- |

| Signature: Seller Signature | Signature: Broker Signature |

| Name: Seller Printed Name | Name: Broker Printed Name |

| Date: Seller Signing Date | Date: Broker Signing Date |