The Exclusive Agency Listing Agreement is a fundamental document in Canadian real estate transactions, used when a property owner wishes to engage a single brokerage for the sale of their property. This agreement type provides the brokerage with exclusive rights to market and sell the property, while typically allowing the owner to sell the property themselves without owing a commission. The document is essential in both residential and commercial real estate contexts and must comply with provincial real estate regulations, which vary by jurisdiction across Canada. It typically includes detailed provisions about the property, listing price, commission structure, marketing plans, and the obligations of both parties. The agreement serves as the foundational document establishing the professional relationship between the property owner and the brokerage, protecting both parties' interests throughout the listing period.
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1. Parties: Identification of the property owner(s) ('Seller') and the licensed real estate brokerage ('Brokerage')
2. Background: Brief context explaining the Seller's intention to list the property and the Brokerage's ability to provide the service
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', 'Commission', and 'Exclusive Agency'
4. Property Details: Legal description and municipal address of the property being listed
5. Listing Terms: Listing price, listing period, and any specific listing conditions
6. Agency Relationship: Details of the exclusive agency relationship, obligations, and limitations
7. Commission Structure: Commission rate, payment terms, and circumstances under which commission becomes payable
8. Brokerage Services: Specific services to be provided by the brokerage including marketing, showings, and negotiations
9. Seller's Representations: Seller's warranties regarding property ownership, condition, and authority to sell
10. Seller's Obligations: Responsibilities of the seller during the listing period
11. Early Termination: Conditions and process for early termination of the agreement
12. Holdover Period: Terms regarding sales that occur after the listing period with buyers introduced during the listing
13. Dispute Resolution: Process for handling disputes between parties
14. Governing Law: Specification of applicable provincial law and jurisdiction
15. Execution: Signature blocks and date of agreement
1. Multiple Listing Service: Terms regarding MLS listing when the property will be listed on MLS
2. Photography and Marketing: Specific terms regarding professional photography, virtual tours, or marketing campaigns when premium marketing services are included
3. Property Management: Terms regarding property management during the listing period for vacant properties
4. Tenant Provisions: Special provisions for properties with existing tenants
5. Foreign Investment: Additional terms when the seller is a non-resident of Canada
6. Environmental Matters: Special provisions for properties with known environmental issues
7. Development Potential: Additional terms regarding development potential when relevant to the property's marketing
8. Personal Property: Terms regarding inclusion/exclusion of personal property when relevant
1. Schedule A - Property Details: Detailed description of the property including lot size, building specifications, and included fixtures
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures for different sale scenarios
3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline
4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues
5. Schedule E - Personal Property Inventory: List of included and excluded personal property items
6. Appendix 1 - Property Photos: Current photographs of the property
7. Appendix 2 - Property Documents: Copies of relevant property documents (surveys, certificates, etc.)
Relevant legal definitions
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Real Estate
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Banking
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Relevant Teams
Legal
Real Estate Operations
Compliance
Business Development
Property Management
Marketing
Sales
Contract Administration
Risk Management
Transaction Services
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Lawyer
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Contract Manager
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Compliance Officer
Real Estate Partner
Property Developer
Investment Manager
Real Estate Operations Manager
Transaction Coordinator
Business Development Manager
Real Estate Marketing Manager
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