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Release Of Listing Agreement for India

Release Of Listing Agreement Template for India

A Release of Listing Agreement is a formal legal document used in India to terminate an existing property listing agreement between a property owner and a real estate agent or brokerage firm. The document, governed by Indian contract law and real estate regulations including RERA, provides a clear framework for ending the professional relationship while addressing any outstanding obligations, commission arrangements, and the handling of marketing materials. It includes mutual releases to prevent future claims and ensures compliance with both federal and state-specific real estate regulations.

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What is a Release Of Listing Agreement?

The Release of Listing Agreement is utilized when parties mutually agree to terminate their existing property listing arrangement before its scheduled expiration, or when circumstances necessitate an early end to the agreement. This document is particularly important in the Indian real estate market where relationships between property owners and agents are governed by strict regulatory frameworks, including the Real Estate (Regulation and Development) Act, 2016 (RERA) and state-specific real estate rules. The Release of Listing Agreement serves to formally document the termination, address any pending matters such as commissions or ongoing property showings, and provide mutual releases to prevent future disputes. It typically includes provisions for the return or destruction of marketing materials, removal of property listings, and clarification of any surviving obligations from the original agreement.

What sections should be included in a Release Of Listing Agreement?

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

2. Background: Reference to the original listing agreement including its date, property details, and any relevant registration numbers

3. Definitions: Key terms used in the document, including 'Listing Agreement', 'Property', 'Effective Date', and 'Marketing Materials'

4. Termination: Clear statement of mutual agreement to terminate the listing agreement and the effective date of termination

5. Mutual Release: Provisions releasing both parties from future claims, obligations, and liabilities under the original listing agreement

6. Return of Materials: Requirements for the return or destruction of marketing materials, property information, keys, or other materials

7. Governing Law: Specification that the agreement is governed by Indian law and relevant state jurisdiction

8. Execution: Signature blocks for all parties and witnesses

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

1. Outstanding Commissions: Include when there are pending commissions or fees that need to be addressed, including any agreements about partial payment or waiver

2. Confidentiality: Include when there's sensitive information that needs to remain confidential even after termination

3. Survival Clause: Include when certain provisions of the original listing agreement need to survive the termination

4. Property Showings in Progress: Include when there are ongoing property showings or pending negotiations that need to be addressed

5. Online Listings: Include when there are specific requirements for removing or modifying online property listings

What schedules should be included in a Release Of Listing Agreement?

1. Schedule A - Original Listing Agreement: Copy or key details of the original listing agreement being terminated

2. Schedule B - Property Details: Description and details of the property that was subject to the listing agreement

3. Schedule C - Marketing Materials Inventory: List of all marketing materials, photos, or property information to be returned or destroyed

4. Schedule D - Settlement Statement: If applicable, detailed statement of any financial settlements, commission adjustments, or payments

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

India

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions






















Clauses




















Relevant Industries

Real Estate

Property Development

Residential Property

Commercial Property

Real Estate Services

Property Management

Legal Services

Relevant Teams

Legal

Real Estate Operations

Property Management

Compliance

Sales

Documentation

Transaction Processing

Client Relations

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Property Owner

Real Estate Manager

Compliance Officer

Real Estate Operations Manager

Property Sales Director

Real Estate Transaction Coordinator

Legal Administrator

Real Estate Documentation Specialist

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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