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Seller Listing Agreement for Canada

Seller Listing Agreement Template for Canada

A standardized agreement used in Canadian real estate transactions that establishes a formal relationship between a property seller and a licensed real estate brokerage. This legally binding document outlines the terms and conditions under which the brokerage will market and sell the property, including the listing duration, commission structure, and specific services to be provided. It complies with provincial real estate regulations and includes essential provisions for property marketing, showing arrangements, commission terms, and the obligations of both parties under Canadian law.

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What is a Seller Listing Agreement?

The Seller Listing Agreement is a fundamental document in Canadian real estate transactions that formalizes the professional relationship between property owners and real estate brokerages. This agreement is used when property owners wish to engage professional real estate services to market and sell their property. It includes crucial details such as the property description, listing price, commission structure, marketing strategies, and the duration of the listing. The document must comply with provincial real estate regulations and typically includes provisions for both residential and commercial properties. Its primary purpose is to protect both parties' interests while ensuring transparency in the selling process. The agreement sets clear expectations for services, establishes the brokerage's authority to act on the seller's behalf, and outlines all financial obligations.

What sections should be included in a Seller Listing Agreement?

1. Parties: Identification of the seller(s) and the brokerage firm, including full legal names, addresses, and licensing details

2. Background: Brief context explaining the seller's intention to list the property and the brokerage's services

3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', 'Asking Price', etc.

4. Property Details: Legal description and municipal address of the property being listed

5. Listing Terms: Listing price, listing period duration, and type of listing (exclusive or multiple)

6. Commission Structure: Detail of commission rates, when commission is earned, and payment terms

7. Brokerage Services: Specific services the brokerage will provide in marketing and selling the property

8. Seller's Representations and Warranties: Seller's declarations about property ownership, condition, and authority to sell

9. Seller's Obligations: Seller's responsibilities including property access, maintenance, and cooperation

10. Authorization for Information: Consent to collect, use, and disclose property and personal information

11. Termination: Conditions and process for ending the agreement

12. Dispute Resolution: Process for handling disagreements between parties

13. Governing Law: Specification that the agreement is governed by Canadian/Provincial law

14. Execution: Signature blocks and date of agreement

What sections are optional to include in a Seller Listing Agreement?

1. Multiple Listings Service: Terms for MLS listing when seller opts for MLS services

2. Photography and Virtual Tours: Special terms for professional photography and virtual tour services if requested

3. Holdover Period: Terms for commission if the property sells after listing expiry to previously introduced buyers

4. Property Management: Terms for managing the property if it's tenant-occupied or requires specific management during listing

5. International Marketing: Additional terms for marketing to international buyers if applicable

6. Staging Services: Terms related to home staging services if included

7. Dual Agency: Terms governing situations where the brokerage represents both buyer and seller

8. Sale Conditions: Special conditions related to the sale (e.g., subject to finding replacement property)

What schedules should be included in a Seller Listing Agreement?

1. Schedule A - Property Details: Detailed description of the property including lot size, rooms, features, and inclusions/exclusions

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and payment scenarios

3. Schedule C - Marketing Plan: Specific marketing activities and timeline

4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues

5. Schedule E - Property Photographs: Approved photographs and virtual tour content for marketing

6. Appendix 1 - Required Documentation: List of documents the seller must provide (title documents, surveys, etc.)

7. Appendix 2 - Agency Disclosure: Mandatory disclosure of agency relationships as required by provincial law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions






























Clauses



































Relevant Industries

Real Estate

Property Management

Legal Services

Construction and Development

Property Investment

Financial Services

Insurance

Professional Services

Relevant Teams

Real Estate Operations

Legal

Compliance

Sales

Business Development

Property Management

Marketing

Contract Administration

Transaction Processing

Document Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Lawyer

Compliance Officer

Legal Counsel

Contract Administrator

Business Development Manager

Sales Director

Transaction Coordinator

Real Estate Operations Manager

Property Marketing Manager

Real Estate Partner

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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