Last Updated: February 11, 2023.
About this Form
This model form is a comprehensive agreement for an Exclusive Right to Sell between a property owner (or owners) and a real estate agent/broker. The form outlines the terms and conditions under which the agent/broker will list and sell the property on behalf of the owner(s) and includes details such as the property address, description of the improvements and fixtures, the minimum selling price, and the commission percentage that the agent/broker will receive if the property is sold.
In addition to the standard provisions, this form also includes important clauses to protect both parties, such as a Termination Clause that allows either party to terminate the agreement at any time by providing written notice and a Liabilities and Indemnification Clause that requires each party to indemnify and hold the other party harmless from any claims, damages, losses, liabilities, or expenses arising from the performance or breach of the agreement.
This form is designed to be flexible and can be customized to meet the specific needs of the parties involved in the agreement. Whether you're a property owner looking to sell your property or a real estate agent/broker looking to represent a client, this form is essential for ensuring that the terms of the agreement are clearly outlined and legally binding.
EXCLUSIVE RIGHT TO SELL
For and in consideration of your services to be rendered in listing for sale and in undertaking to sell or find a purchaser for the property hereinafter described, the parties understand and agree that this is an exclusive listing to sell the real estate located at:
_____________________________________________________________________________________________________________________________________________________________________________________________
together with the following improvements and fixtures:
_____________________________________________________________________________________________________________________________________________________________________________________________
The minimum selling price of the property shall be $
__________________ to be payable on the following terms:
_____________________________________________________________________________________________________________________________________________________________________________________________
You are authorized to accept and hold a deposit in the amount of $
__________________ as a deposit and to apply such deposit on the purchase price.
If said property is sold, traded or in any other way disposed of either by us or by anyone else within the time specified in this listing, it is agreed to and understood that you shall receive from the sale or trade of said property as your commission
______% of the purchase price. Should said property be sold or traded within
______ days after expiration of this listing agreement to a purchaser with whom you have been negotiating for the sale or trade of the property, the said commission shall be due and payable on demand.
The owner(s) agrees (agree) to furnish a certificate of title showing a good and merchantable title of record, and further agree to convey by good and sufficient warranty deed or guaranteed title on payment in full.
Either party may terminate this agreement at any time by providing written notice to the other party. Upon termination of this agreement, all rights and obligations of the parties shall cease, except for those obligations that by their nature are intended to survive termination.
The parties agree to indemnify, defend, and hold harmless each other from and against any and all claims, damages, losses, liabilities, and expenses arising from the performance or breach of this agreement, provided that such indemnification shall not apply to claims, damages, losses, liabilities, or expenses arising from the gross negligence or intentional misconduct of the indemnifying party.
The listing contract shall continue until midnight of
_________________, 20
______.
Date:
_________________
_______________________________Owner
_______________________________Owner
I accept this listing and agree to act promptly and diligently to procure a buyer for said property.
Date:
_________________
_______________________________Agent/Broker
