This exclusive listing agreement template has 8 pages and is a MS Word file type listed under our human resources documents.
Sample of our exclusive listing agreement template:
EXCLUSIVE LISTING AGREEMENT This Exclusive Listing Agreement (the "Agreement") is effective [DATE], BETWEEN: [OWNER NAME] (the "Owner"), an individual with his main address located at: [YOUR COMPLETE ADDRESS] AND: [BROKER NAME] (the "Broker"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Owner and the Broker shall be referred to as the "Parties." WHEREAS, the Owner owns the building [DESCRIPTION AND ADDRESS OF PROPERTY] (hereinafter referred to as the "Property"); and WHEREAS, the Owner desires to engage the Broker as the Owner's agent to sell the Property and the Broker desires to accept such engagement, upon and subject to the terms and conditions set forth herein. NOW, THEREFORE, the Parties agree as follows: EXCLUSIVE RIGHT TO LIST Right to Sell. The Owner hereby grants to the Broker the exclusive right to sell the Property for the term of this Agreement. Notwithstanding anything to the contrary herein or elsewhere, all terms and conditions of an agreement with any prospective purchaser shall be subject to the Owner's sole and absolute discretion. The Owner has the absolute right in all events to approve or to disapprove any and all proposals regarding pricing, marketing and terms of sale of the Property. The Broker shall have no authority to extend any offer or make any agreement on behalf of or binding on the Owner, and the Broker shall have no authority to accept security or other deposits in connection with any offer to purchase the Property; accordingly, an agreement to sell the Property shall become effective only when (i) signed by an authorized signatory on behalf of the Owner and the prospective purchaser and (ii) delivered by the Owner to such prospective purchaser. List of Prospective Purchasers. Within [NUMBER OF DAYS] days of the date hereof, the Owner shall provide the Broker with a list of all prospective purchasers with whom it has had substantive discussions regarding a sale of the Property during the last [NUMBER OF MONTHS] months. The Owner shall furnish to the Broker such information with respect to the Property and use reasonable efforts to provide access to the Property as the Broker may reasonably request, subject to the rights of tenants of the Property, in order to enable the Broker to render its services effectively. The Owner represents that, to the best of its knowledge, all information furnished by it to the Broker with respect to the Property will be accurate and complete in all material respects. TERM The term of this Agreement shall end, and this Agreement shall terminate and be of no further force and effect, on [DATE], provided, however, that: The Owner shall have the right to terminate this Agreement and end the term without cause at any time by providing thirty (30) days' prior written notice to the Broker, The Owner shall have the further right to terminate this Agreement and end the term without cause immediately upon the sale, merger or consolidation of the Property, and The Owner and the Broker shall each have the right to terminate this Agreement and end the term for cause immediately upon giving written notice of such cause and such termination to the other Party. DUTIES OF BROKER The Broker accepts the relationship of trust and confidence established between the Broker and the Owner under this Agreement. The Broker agrees to take all actions reasonably required or helpful in selling the Property as promptly as possible, including, but not limited to, promoting and marketing the Property for sale, using its diligent and best efforts, skill, judgment, and abilities to show the Property, offering the Property for sale, procuring prospective purchasers for Property, cooperating with outside brokers representing such prospective purchasers, obtaining financial and reference information on prospective purchasers, promptly submitting all offers to purchase the Property to the Owner, taking photographs of the Property, making monthly inspections of the Property, and other actions as may be directed by the Owner from time to time, including, but not limited to, as and when requested by the Owner, using best efforts to assist the Owner with obtaining tenant estoppel certificates and subordinations. Inquiries regarding the Property shall be referred to the Broker and related negotiations shall be handled by or under direction of the Broker, subject to the approval and review of the Owner and subject to the participation of legal counsel selected and retained by the Owner to assist as necessary in preparation and negotiation of the sale contract and to institute and defend any and all legal proceedings associated with the sale of the Property, provided that no such legal proceedings or compromises or settlements of such legal proceedings shall be undertaken or defended without, in each instance, the prior written approval of the Owner. Without limiting the generality of the foregoing, the Broker specifically agrees to provide monthly activity reports to the Owner. COMMISSION ON SALE Upon the sale of the Property pursuant to a written sale contract executed during the term of this Agreement, the Owner agrees to pay to the Broker a commission of [SPECIFY AMOUNT]. The commission shall be deemed earned, due and payable in full when, and only if, title to the Property is transferred to a purchaser of the Property and the Owner shall pay such commission concurrent with such transfer. The Owner reserves the right to modify the marketing plan or withdraw the Property from the market, without being liable for any commission hereunder, at its discretion throughout the term of this Agreement. The Broker shall not be entitled to any commission with respect to offers to purchase, which, when submitted to the Owner for approval pursuant to this Agreement, shall, for any reason, be rejected by the Owner. The Owner shall not have any obligation to sue any prospective purchaser who defaults under the terms of a binding contract of sale for damages or specific performance. In the event a prospective purchaser defaults and the Owner becomes entitled to such prospective purchaser's earnest deposit, then such earnest deposit shall be forfeited to the Owner as liquidated damages, and the Broker shall not be entitled to any part thereof. No commission will be deemed earned and payable in the event the Property or any portion thereof is (i) taken by a municipality or other authority in a condemnation or similar proceeding or by deed in lieu thereof, (ii) acquired by a lender under a foreclosure proceeding or other similar process, or (iii) transferred or sold to a parent, subsidiary or entity under common control or common management with the Owner. POST TERMINATION COMMISSIONS Within [NUMBER OF DAYS] days following the termination of this Agreement, the Broker may submit to the Owner a written list (the "Prospective Purchaser List") of any person or entity proposed by the Broker during the term of this Agreement as a prospective purchaser of the Property with whom the Broker had substantial negotiations, as defined below, during the term of this Agreement. The term "substantial negotiations" shall mean that: The Broker provided marketing materials regarding the Property, and Either the Broker brought the prospective purchasers to the Property, the prospective purchaser had negotiations with the Owner or the Broker received a signed letter of intent. The Prospective Purchaser List shall include the names and addresses of such prospective purchasers and supporting documentation of such negotiations.
