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Unconditional Release From Listing Agreement for Canada

Unconditional Release From Listing Agreement Template for Canada

A legally binding document used in Canadian jurisdictions to formally terminate a listing agreement between a property owner and a real estate brokerage. This document provides an unconditional release from all obligations and commitments outlined in the original listing agreement, ensuring both parties can cleanly sever their professional relationship. It addresses the termination of marketing rights, handling of property materials, and mutual release from future claims or obligations related to the original listing agreement, while complying with provincial real estate regulations and federal contract law requirements.

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What is a Unconditional Release From Listing Agreement?

The Unconditional Release From Listing Agreement is a critical document in Canadian real estate practice, used when parties mutually agree to terminate their existing listing agreement before its natural expiration. This document becomes necessary in various situations, such as when a property owner decides to withdraw their property from the market, when there's a mutual agreement to end the listing relationship, or when circumstances change significantly for either party. It provides a clean break from the original listing agreement, addressing key aspects such as the cessation of marketing efforts, return of materials, and release of future obligations. The document must comply with provincial real estate regulations and the Real Estate and Business Brokers Act (REBBA) where applicable, ensuring all legal requirements are met while protecting both parties' interests.

What sections should be included in a Unconditional Release From Listing Agreement?

1. Parties: Identification of the property owner(s) and the real estate brokerage/agent, including their full legal names and business addresses

2. Background: Reference to the original Listing Agreement, including its date, property details, and listing period

3. Definitions: Key terms used in the release agreement, including 'Listing Agreement', 'Property', 'Listing Period', and 'Effective Date'

4. Mutual Release: Clear statement that both parties agree to unconditionally terminate the Listing Agreement and release each other from all obligations

5. Effective Date: Specification of when the release takes effect

6. Return of Materials: Agreement regarding the return or disposal of marketing materials, property information, and keys

7. Complete Agreement: Statement that this release represents the entire agreement between the parties regarding the termination

8. Execution: Signature blocks for all parties and date of signing

What sections are optional to include in a Unconditional Release From Listing Agreement?

1. Outstanding Compensation: Used when there are any pending commission discussions or financial settlements to be addressed

2. Confidentiality: Used when there's a need to maintain confidentiality about the listing details or termination circumstances

3. Surviving Obligations: Used when certain obligations from the original agreement need to survive the termination

4. Release of Digital Content: Used when there's online marketing content that needs to be removed or addressed

What schedules should be included in a Unconditional Release From Listing Agreement?

1. Schedule A - Property Description: Detailed description of the property from the original listing agreement

2. Schedule B - Original Listing Agreement: Copy or reference to the original listing agreement being terminated

3. Appendix 1 - Marketing Materials Inventory: List of marketing materials to be returned or destroyed, if applicable

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

Release Agreement

Cost

Free to use
Relevant legal definitions















Clauses


















Relevant Industries

Real Estate

Property Management

Legal Services

Professional Services

Construction

Property Development

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate Operations

Compliance

Administrative Services

Document Management

Business Development

Contract Administration

Property Management

Risk Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Lawyer

Brokerage Manager

Real Estate Administrator

Compliance Officer

Contract Manager

Legal Counsel

Real Estate Operations Manager

Property Owner

Business Development Manager

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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