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Cleaver House Listing Agreement

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CLEAVER HOUSE LISTING AGREEMENT

Parties

Property

Term of Listing

Seller grants Broker the exclusive right to sell the Property for the period beginning and ending (the "Listing Term"). All listings and marketing by Broker during the Listing Term are governed by the terms below.

Listing Price and Commission

Seller agrees to pay Broker a commission of of the gross sales price, payable at closing from sale proceeds. If a cooperating broker is involved, the cooperating broker shall be offered of the gross sales price unless otherwise agreed in writing.

If Seller procures a buyer or if the Property is sold, conveyed or exchanged during the Listing Term or within days following termination to a buyer introduced during the Listing Term, the commission is earned and payable as set forth above.

Brokerage Services & Marketing

Broker shall, subject to Seller approvals, advertise, market, list in the multiple listing service (MLS), show the Property to prospective purchasers, negotiate offers, and assist in the closing of transactions. Broker is authorized to place signs, professional photographs, virtual tours and to disseminate property information to cooperating brokers, multiple listing services and prospective buyers.

Seller Representations and Disclosures

Seller represents that Seller is the legal owner of the Property and has authority to enter into this Agreement. Seller warrants that all material facts known to Seller affecting the value or marketability of the Property have been disclosed to Broker and to prospective purchasers.




Seller Obligations

Seller shall provide Broker with access to Property for showings, correct known material defects and provide required disclosures to prospective buyers. Seller shall not list the Property with any other broker during the Listing Term unless this Agreement is terminated in writing. Seller shall refer all inquiries received by Seller to Broker.

Offers, Acceptance and Escrow

Broker will present all written offers to Seller promptly. Acceptance of an offer must be in writing and signed by Seller. Broker is authorized to deliver earnest money deposit instructions to escrow as directed by Seller, and to cooperate with escrow to facilitate closing.

Dual Agency and Cooperation

Broker may cooperate with and compensate cooperating brokers. If Broker or an agent of Broker represents both Seller and buyer in the same transaction, dual agency may arise; Seller acknowledges that dual agency may limit Broker's ability to advocate exclusively for Seller and agrees to prior written consent to dual agency if it occurs.

Termination, Default and Remedies

This Agreement may be terminated by mutual written agreement or by expiration of the Listing Term. If Seller breaches this Agreement or wrongfully withholds cooperation causing Broker to incur costs or lose commission, Broker shall be entitled to recover commissions, expenses, and reasonable attorneys' fees. Seller agrees that Broker's remedies include specific performance, damages, and any other relief provided by law.

Indemnification and Expenses

Seller shall indemnify and hold Broker harmless from claims arising from Seller's misrepresentations or breach of obligations. Seller authorizes Broker to incur reasonable marketing expenses; such expenses shall be reimbursed by Seller if expressly agreed in writing.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state where the Property is located. This document constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements, whether oral or written. Amendments must be in writing and signed by both parties.

Additional Provisions

Broker's acceptance of any offer or offer modification is subject to Seller's approval. Seller acknowledges receipt of a copy of this Agreement upon signing.

Seller:

By:

Date:

Broker:

By:

Date:

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What the Cleaver House Listing Agreement Is

The Cleaver House Listing Agreement is a written contract between a property owner and a licensed broker or agent that sets the terms for marketing and selling a residential property. It defines the broker’s authority, the listing period, commission structure, exclusive or non‑exclusive rights, and obligations for both parties. The agreement also describes property details, pricing guidance, required disclosures, and processes for presenting offers. Used primarily in U.S. real estate transactions, this document establishes expectations, allocates responsibilities, and creates an enforceable basis for commission when a qualifying sale or closing occurs.

Why a Clear Listing Agreement Matters

A properly drafted Cleaver House Listing Agreement reduces disputes, clarifies compensation, and documents disclosure obligations so buyers, sellers, and brokers understand timing and duties.

Why a Clear Listing Agreement Matters

Who Typically Uses This Agreement

The Cleaver House Listing Agreement is used by brokers and sellers to formalize a marketing relationship and define compensation and authority.

  • Independent brokers and real estate agents who will market, show, and negotiate the property on the owner’s behalf.
  • Homeowners and property owners who need to authorize representation and set listing terms and duration.
  • Brokerage compliance teams and transaction coordinators who maintain records for audits and closing.

It is also used by brokerages to ensure compliance with licensing rules and to preserve proof of agency and consent.

Primary Roles and Their Responsibilities

Listing Broker

The listing broker arranges marketing, coordinates showings, communicates offers, and collects commission at closing per the agreement. The broker must hold an active license and follow state brokerage rules, including required disclosures and recordkeeping.

Seller / Owner

The seller provides property details, consents to marketing activities, approves listing price and showings, and signs the agreement. The owner must disclose known defects and cooperate to facilitate offers and inspections.

Core Elements to Include in a Professional Listing Agreement

A comprehensive Cleaver House Listing Agreement organizes the transaction by naming parties, describing the property, and setting clear commercial terms and timelines.

Parties

Full legal names and entity types for seller(s) and the brokerage, including broker license number and brokerage firm name, to ensure correct attribution and enforceability.

Property Description

Include complete street address, parcel or lot number when available, and legal description sufficient to identify the property for offers and closing.

Term and Termination

Start and end dates in MM/DD/YYYY format plus conditions for early termination, automatic renewal clauses, and notice periods for cancellation.

Commission and Payment

Specify percentage or flat fee, when it’s earned (e.g., at closing or upon securing a ready, willing, and able buyer), and how splitting with cooperating brokers is handled.

Agency and Disclosures

State whether broker acts as exclusive agent, dual agent, or seller’s agent and attach required state disclosures and lead‑based paint or other statutory forms.

Signatures and Authentication

Designate signature blocks for all parties, permitted signatory methods (electronic signatures), and whether notarization is required for unique circumstances.

Step-by-Step: How to Complete the Agreement

Follow these steps in sequence to produce a valid, enforceable listing agreement and distribute copies to all parties.

  • 01
    Prepare Document: Gather property details, seller ID, and broker license information before starting.
  • 02
    Enter Core Terms: Complete parties, term dates, price guidance, exclusivity and commission fields accurately.
  • 03
    Add Disclosures: Attach state required disclosure forms and confirm acknowledgment fields are completed.
  • 04
    Sign and Distribute: Collect signatures from all parties and provide executed copies to seller and brokerage records.

Where Completed Listing Agreements Are Sent and Stored

After execution, agreements are routed to relevant recipients and retained per brokerage and regulatory requirements.

  • Seller Copy: Provide a fully executed copy to the seller for their records and future reference.
  • Brokerage File: Retain an executed version in the brokerage transaction file, both paper and electronic if used.
  • MLS Submission: When applicable, the broker uploads required listing details to the MLS per local rules.
  • Escrow / Closing: Share copies with escrow or title companies as needed to facilitate offers and closing.

How to Configure an Online Completion Workflow

Set up an online workflow to speed signings, preserve an audit trail, and automate distribution.

Field Configuration
Signature Placement Required signature, date, and initials fields for each signer
Authentication Email access or SMS code for signer verification
Routing Signer order and automatic distribution to seller and brokerage
Storage Save final PDF and audit trail to cloud or brokerage record system

Digital Delivery and Format Considerations

Choose a platform that supports common file formats, audit trails, and secure storage for executed listing agreements.

  • File Formats: PDF, DOCX
  • Integrations: MLS, CRM, cloud storage
  • Authentication: Email or SMS codes

Required Information and Security Considerations

Seller ID: Full legal name
Property: Street address
Broker Info: Broker license
Dates: MM/DD/YYYY
Signatures: Signed and dated
Encryption: TLS 1.2/1.3, AES‑256

Common Mistakes to Avoid

  • Entering abbreviated or mismatched legal names that conflict with title documents and delay closings.
  • Leaving the listing term open‑ended or using ambiguous termination language that creates disputes over commissions.
  • Failing to attach required state disclosures or lead‑paint forms, which can create statutory penalties or rescission rights.
  • Not confirming signing authority when an entity owns the property, leading to invalid signatures at closing.

Risks and Potential Consequences of Errors

Commission Dispute: Delayed or reduced payment
Invalid Signature: Contract unenforceable
Missing Disclosure: Statutory remedies possible
Incorrect Legal Name: Title issues
Late MLS Entry: Lost buyer opportunities
Retention Failure: Compliance breach

Typical Timelines and Processing Expectations

Timelines vary with local rules and brokerage practices; use these general expectations to plan marketing and sale milestones.

Listing Term Length:

Commonly 90–180 days; negotiated per seller and broker

MLS Upload:

Within 24–72 hours after execution in many markets

Offer Presentation:

Promptly upon receipt; most brokers present immediately

Commission Payable:

Typically at closing or according to listing terms

Record Retention:

Keep executed agreement for statutory retention period

Key Milestones from Listing to Closing

This sequence outlines major stages a listing agreement typically triggers from execution through closing.

01

Execution

Agreement signed and dated by seller and broker

02

MLS Activation

Listing data entered and listing becomes active

03

Offer Receipt

Offers submitted and presented per agency duties

04

Closing

Sale closes and commissions disburse per agreement

Example Use Cases from Brokerage Practice

Real-world scenarios show how listing agreements function in practice and the benefits of complete documentation.

Martin Properties

A small brokerage digitized listing agreements to reduce delays in offer presentation and tracking.

  • Faster offer handling cut time to present offers by days.
  • Founder Tim Martin reported that online execution provided compliance, mobile access, and predictable turnaround for client signatures.

Optica Ventures

A boutique firm standardized templates to ensure consistent disclosure delivery across agents.

  • Template use reduced omissions in state disclosures.
  • The firm retains executed listings centrally, improving audit readiness and reducing post‑closing disputes about commission terms.

eSignature Pricing Comparison for Listing Agreement Workflows

This table compares common vendor pricing and capabilities relevant to executing Cleaver House Listing Agreements. Pricing reflects typical entry plans and platform features.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7‑day free trial Varies by offer Varies by offer Varies by offer Varies by offer
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Varies by plan Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About the Listing Agreement

Answers to common questions about enforceability, eSigning, notarization, and how to cancel or amend a listing agreement.


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