The Exclusive Seller Brokerage Engagement Agreement is essential when property owners wish to engage professional real estate services for selling their property. This document, widely used across the United States, establishes the broker's exclusive right to market and sell the property, protecting both parties' interests through clearly defined terms, responsibilities, and compensation structures. The agreement must comply with both federal and state-specific real estate regulations, including RESPA, Fair Housing Act, and state licensing requirements. It typically includes detailed provisions about listing duration, marketing strategies, commission rates, and property pricing.
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1. Parties: Identifies the broker/brokerage firm and property owner(s) with full legal names and addresses
2. Background: Brief context explaining the owner's intention to sell the property and engage the broker's services
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', 'Commission'
4. Scope of Services: Detailed description of broker's services and obligations
5. Property Description: Legal description and address of the property being listed
6. Term and Termination: Duration of the agreement and conditions for termination
7. Compensation: Commission structure and payment terms
8. Seller's Obligations: Property owner's responsibilities and warranties
9. Signatures: Execution block with date and signatures
1. Dual Agency Provisions: Additional terms required when broker may represent both seller and buyer - only included when dual agency is permitted in the jurisdiction
2. Marketing Plan: Specific marketing strategies and commitments - included when detailed marketing approach needs to be contractually specified
3. Property Management: Terms for managing property during listing period - included when property is vacant or requires management during listing
4. International Marketing: Specific provisions for international marketing efforts - included when property might attract international buyers
1. Property Information Sheet: Detailed property specifications and features
2. Commission Schedule: Detailed breakdown of commission structures and scenarios
3. Marketing Plan Details: Comprehensive marketing strategy and timeline
4. Property Disclosure Statement: Required disclosures about property condition
5. Agency Disclosure Form: State-mandated agency relationship disclosures
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