Can this agreement be signed electronically?

Yes. Electronic signatures are legally valid in the U.S. under the ESIGN Act and UETA in states that adopted it. Ensure signers consent to electronic records and retain an auditable record to meet legal requirements.

Does the listing agreement require notarization?

Not typically. Most listing agreements do not require notarization, though local practice or specific brokerage policies may call for notarized signatures in certain circumstances.

Who must sign the agreement to make it enforceable?

All named owners of the property must sign. If property ownership includes multiple individuals or entities, each party with title interest should sign or provide written authorization.

Can a seller cancel the listing early?

Cancellation rights depend on the contract terms. Early termination may require notice and could expose the seller to commission liability if a procuring cause exception applies.

What if the property sells off-market during the term?

If the agreement grants the broker commission regardless of who procures the buyer, the broker may be entitled to commission unless the contract includes an explicit exception.

How should disputes over commission be handled?

Refer to the agreement’s dispute resolution clause—common options include mediation, arbitration, or litigation. Maintain complete records and signed documents to support any claim.

Electronic Signature
Templates
Real estate
Exclusive Right Listing Agreement

Exclusive Right Listing Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EXCLUSIVE RIGHT LISTING AGREEMENT

Parties

Owner(s)/Seller(s) Name:

Owner Mailing Address Owner Contact

Broker Name:

Broker License / Broker Firm ID Broker Contact Agent

Property Identification

Property Address

Parcel / APN Number:

Legal Description

Appointment and Grant of Authority

Owner grants Broker the exclusive and irrevocable right to market, advertise, and procure a buyer for the Property on the terms set forth in this Agreement for the Listing Term. Owner authorizes Broker to place signs, place the property in cooperative listing services (MLS), hold open houses, photograph and advertise the Property, and to cooperate with other brokers and agents.

Confirmation of Exclusive Right Grant: I acknowledge and agree that this is an exclusive right to sell listing.

Financial Terms

Listing Price

Commission: Broker shall be paid compensation as follows:

Commission as percent of gross sales price:

Flat fee payable to Broker:

Commission shall be earned upon procurement of a buyer ready, willing and able to purchase on terms acceptable to Owner, or upon closing of sale, whichever occurs first. Broker is entitled to compensation whether the Buyer is procured by Broker, Owner, or any other party, during the Listing Term or any extension as provided herein.

Earnest Money (Suggested)

Term of Listing

Listing Term begins on: Day Month Year

Listing Term ends on: Day Month Year

Broker Duties and Authority

Broker shall use reasonable efforts to market the Property, recommend pricing and terms, facilitate showings, present offers to Owner promptly, and assist with negotiations and closing. Broker is authorized to list the Property in the local multiple listing service, cooperate with other brokers, place "For Sale" signage, take photographs, and place advertisements on behalf of Owner.

Owner authorizes Broker to accept deposit checks into Broker's trust account pending closing and to disburse such deposits in accordance with the purchase agreement and applicable law.

Seller Representations and Disclosures

Owner represents and warrants that Owner is the lawful owner of the Property and has full authority to enter into this Agreement, that all information provided to Broker is true and complete to Owner's knowledge, and that there are no undisclosed material defects affecting the Property.

Lead-based paint disclosure applicable for properties built before 1978: Yes No

Known mold issues or water intrusion: Yes No

If any disclosures checked Yes, describe details

Access, Showings, and Lockbox

Owner agrees to provide reasonable access for showings, inspections and appraisals. Owner authorizes Broker to place a lockbox: Yes No

If lockbox authorized, provide agent or code instructions

Authority, Cooperation, and Subagents

Broker may cooperate with other brokers and may engage subagents. Owner acknowledges Broker's duty to present all offers promptly and to disclose material facts known to Broker. Broker does not guarantee sale, but will use professional efforts as set forth herein.

Default, Remedies and Termination

If Owner breaches this Agreement, Broker shall be entitled to recover commission, costs and damages as provided by law. Broker may terminate this Agreement for material breach by Owner after providing written notice and a reasonable opportunity to cure. Termination does not affect Broker's right to commission for transactions procured during the Listing Term or for protected buyers introduced to the Property during the Listing Term and any protection period specified below.

Protection Period (days after expiration):

Costs and Expenses

Owner shall be responsible for reasonable advertising costs and expenses incurred by Broker in marketing the Property if pre-authorized in writing by Owner. All such costs shall be itemized and supported by receipts upon request.

Indemnity and Insurance

Owner agrees to indemnify and hold Broker harmless from claims, liabilities, damages or expenses arising from Owner's breach of this Agreement, misrepresentations, or failure to disclose material facts. Owner is responsible for maintaining insurance on the Property until closing.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state specified below. This Agreement constitutes the entire agreement between the parties concerning the listing of the Property and supersedes all prior discussions and agreements. Any amendment must be in writing and signed by both parties.

Governing Law State:

Notices

Notice Address for Owner Notice Address for Broker

Miscellaneous

If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect. Time is of the essence for performance of material obligations under this Agreement unless otherwise specified in writing.

Signatures

Owner / Seller:

By:

Date:

Broker (Firm):

By:

Date:

What the Exclusive Right Listing Agreement Is

An Exclusive Right Listing Agreement is a written contract between a property owner and a single real estate broker granting that broker the exclusive authority to market and sell the property for a specified term. The agreement typically names the broker, identifies the property, sets the listing price and commission, and describes marketing responsibilities. It also clarifies whether the broker is entitled to commission if the owner or a cooperating broker finds a buyer during the listing term. The document establishes the broker’s agency relationship and scopes obligations for both parties.

Why parties use an Exclusive Right Listing Agreement

The agreement creates clear authority for one broker to market the property, defines compensation, and reduces disputes by documenting timelines, duties, and conditions for commission payment.

Typical parties and roles for this agreement

Sellers, listing brokers, and cooperating agents use this agreement to set expectations, duties, and compensation for a property sale.

Sellers seeking exclusive broker representation for a defined period and commission structure
Listing brokers responsible for marketing, showings, negotiations, and coordinating offers
Buyer or cooperating agents who interact with the listing broker during the marketing period

Each role should confirm licensing, identity, and authority before signing to avoid later enforceability or commission disputes.

Core elements to include in a professional listing agreement

A complete Exclusive Right Listing Agreement reduces ambiguity. Include specific clauses for compensation, term, property details, broker duties, and dispute resolution to protect all parties.

Exclusive Right

States that the broker has exclusive authority to procure buyers and earn commission regardless of who finds the buyer, preventing the seller from engaging competing brokers during the term.

Term

Specifies the start and end dates of the listing period and any automatic renewal or extension mechanics so both parties understand when obligations begin and end.

Commission

Describes the commission percentage or flat fee, triggers for payment (closing, contract ratification), and how commission is split with cooperating brokers or buyer agents.

Property Description

Includes the street address, legal description or parcel number, and any exclusions to ensure the listed asset is identified precisely for marketing and sale.

Broker Duties

Lists marketing actions, MLS submission, showings, open houses, and buyer-prequalification expectations so seller and broker align on scope of services.

Termination & Remedies

Outlines how the agreement may be canceled, notice requirements, consequences for early termination, and dispute resolution methods such as mediation or arbitration.

Essential fields required in the agreement

Seller Name: Full legal name

Broker Information: Brokerage name and license

Property Address: Street, city, state, ZIP

Listing Price: Numeric dollar amount

Effective Date: MM/DD/YYYY

Signature Blocks: Signer name and date

Step-by-step: filling and executing the listing agreement

Follow these sequential steps to prepare, deliver, and finalize an Exclusive Right Listing Agreement with clarity and legal safety.

01

Prepare Document: Populate all required fields with accurate legal names.
02

Review Terms: Confirm commission, term, and duties with the other party.
03

Add Signers: Include seller, broker, and any co-owners as signers.
04

Execute: Sign electronically or in ink per agreed method.

Configuring an online signing workflow

Set up an efficient e-signing flow by defining fields, authentication, and reminders before sending the agreement to signers.

Field \| Configuration	Type of field \| Required/Optional
Signature Fields	Set signer order and require signatures
Conditional Fields	Show fields only when specific options are selected
Authentication Method	Choose email, SMS code, or ID verification
Auto-Reminders	Schedule automatic reminders until completion

Where to send, file, or store the executed agreement

After signatures, route copies to all parties, the broker’s transaction file, and any required MLS or brokerage records.

Deliver to Seller: Send signed PDF to seller email and archive
Broker Records: Store signed copy in brokerage transaction folder
MLS Submission: Post listing per MLS rules if applicable
Escrow or Title: Provide copy to escrow or title upon offer

Distribution and eSubmission considerations

Confirm the platform meets regulatory needs for your state and brokerage, store copies in a secure repository, and preserve audit records for the retention period.

Integrations: CRM and MLS connectivity
Audit Trail: Timestamp and IP logging
Authentication: Email, SMS, or ID checks

Key deadlines and timing to track

Track listing term dates and time-sensitive obligations to avoid lapses that could affect marketing or commission rights.

Effective Date and Start:

Determines when broker authority begins; must be explicit

Listing Term Expiration:

Date when exclusive rights end unless extended

Offer Deadline:

If stated, the cut-off for buyer submissions

Commission Trigger Date:

Defines event that obligates payment, commonly closing

Cancellation Notice Period:

Required notice length for unilateral termination

Common drafting and execution errors to avoid

Unclear property description or omitted parcel identifiers that create ambiguity during title review and closing
Vague commission language that fails to specify triggers, splits, or exceptions, leading to later disputes
Missing co-owner signatures when property is jointly owned, which can make the listing unenforceable against all owners
Failure to confirm broker licensing or authority in the jurisdiction, risking regulatory penalties or voidable agreements

Consequences of an incorrect or incomplete agreement

Commission Dispute: May result in litigation

Unauthorized Listing: Regulatory discipline risk

Enforceability Issues: Court may void ambiguous terms

Delayed Closing: Title problems or missing consents

Financial Exposure: Unexpected liability to cooperating brokers

Recordkeeping Violations: Brokerage fines or sanctions

eSignature vendor pricing snapshot for listing agreements

Common eSignature vendors and core pricing or feature differences to consider when executing listing agreements electronically; signNow is listed first per comparison protocol.

	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 (no credit card)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes (BAA available)	Yes (BAA available)	Varies by plan	Varies by plan
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Exclusive Right Listing Agreements

Practical answers to common execution, enforceability, and e-signature questions for Exclusive Right Listing Agreements in the U.S.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally valid in the U.S. under the ESIGN Act and UETA in states that adopted it. Ensure signers consent to electronic records and retain an auditable record to meet legal requirements.
Does the listing agreement require notarization?
Not typically. Most listing agreements do not require notarization, though local practice or specific brokerage policies may call for notarized signatures in certain circumstances.
Who must sign the agreement to make it enforceable?
All named owners of the property must sign. If property ownership includes multiple individuals or entities, each party with title interest should sign or provide written authorization.
Can a seller cancel the listing early?
Cancellation rights depend on the contract terms. Early termination may require notice and could expose the seller to commission liability if a procuring cause exception applies.
What if the property sells off-market during the term?
If the agreement grants the broker commission regardless of who procures the buyer, the broker may be entitled to commission unless the contract includes an explicit exception.
How should disputes over commission be handled?
Refer to the agreement’s dispute resolution clause—common options include mediation, arbitration, or litigation. Maintain complete records and signed documents to support any claim.

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