This Non Exclusive Agreement (Real Estate) is designed for use in the Canadian real estate market where property owners wish to maintain flexibility in their property sale approach. The document is particularly useful when sellers want to retain the right to list their property with multiple agents or sell the property themselves while still benefiting from professional real estate services. It complies with Canadian federal and provincial regulations, including REBBA and consumer protection laws, and includes essential provisions for commission structures, service scope, marketing authorizations, and mutual obligations. The agreement is commonly used in both residential and commercial real estate transactions where exclusive arrangements are not desired or appropriate. It provides clear guidelines for all parties while maintaining the seller's freedom to pursue multiple marketing and sales channels.
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1. Parties: Identifies and provides full legal details of the property owner/seller and the real estate agent/brokerage
2. Background: Explains the context of the agreement and the parties' intentions to enter into a non-exclusive real estate listing arrangement
3. Definitions: Defines key terms used throughout the agreement including Property, Listing Period, Commission, etc.
4. Appointment and Scope: Establishes the non-exclusive nature of the appointment and defines the basic services to be provided
5. Term and Termination: Specifies the duration of the agreement and conditions for early termination
6. Commission Structure: Details the commission rates, payment terms, and circumstances under which commission becomes payable
7. Agent's Obligations: Lists the specific duties and responsibilities of the real estate agent/brokerage
8. Owner's Obligations: Outlines the property owner's responsibilities and commitments
9. Property Information: Contains declarations about the property's condition and known issues
10. Marketing Authorization: Specifies permitted marketing activities and use of property information
11. Representations and Warranties: Standard declarations by both parties about their authority and capacity
12. Governing Law: Specifies that the agreement is governed by Canadian law and the relevant province
13. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Multiple Listing Service: Include when the property will be listed on MLS, specifying terms and conditions
2. Virtual Tours and Photography: Include when specific arrangements for professional photography or virtual tours are needed
3. International Marketing: Include when the property will be marketed to international buyers
4. Property Management: Include when the agent will provide property management services during the listing period
5. Open House Arrangements: Include when specific terms for conducting open houses need to be established
6. Holdover Period: Include when parties want to specify commission obligations for sales after the listing period
7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
8. Dispute Resolution: Include when parties want to specify mediation or arbitration procedures
1. Schedule A - Property Description: Detailed description of the property including legal description and included fixtures
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and payment scenarios
3. Schedule C - Marketing Plan: Specific marketing activities and timeline proposed by the agent
4. Schedule D - Property Disclosure Statement: Detailed disclosure of property condition and known issues
5. Appendix 1 - Required Documentation: List of documents required from the owner for listing and sale
6. Appendix 2 - Service Level Agreement: Detailed description of services to be provided by the agent
7. Appendix 3 - Photography and Virtual Tour Terms: Terms and conditions for property photography and virtual tours
Relevant legal definitions
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Relevant Industries
Real Estate
Property Development
Property Management
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Construction
Property Investment
Commercial Property
Residential Property
Real Estate Technology
Property Insurance
Relevant Teams
Legal
Real Estate Operations
Sales
Compliance
Risk Management
Property Management
Business Development
Contract Administration
Transaction Processing
Document Control
Relevant Roles
Real Estate Agent
Property Owner
Real Estate Broker
Property Manager
Legal Counsel
Compliance Officer
Real Estate Manager
Sales Director
Business Development Manager
Contract Administrator
Real Estate Transaction Coordinator
Property Portfolio Manager
Real Estate Operations Manager
Risk Management Officer
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