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Listing Agreement

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Listing Agreement with Broker for Leasing of Premises with Commission Agreement

Listing Agreement made on the , between of , referred to herein as Broker, and of , referred to herein as Owner.

I. Employment of Broker.

A. In consideration of services to be rendered by Broker, Owner employs Broker as exclusive agent to procure tenants for rental units located at , and more particularly described in Exhibit A attached hereto and made a part hereof.

B. A description of each individual rental unit, together with the minimum rents to be charged, appears in Exhibit B attached hereto and made a part hereof.

C. Broker is authorized to rent the units at rents equal to or greater than the minimum amounts indicated and only to responsible tenants.

II. Commission. As compensation for Broker's acceptance of this listing, advertising of the rental premises, and diligent efforts to procure tenants, Owner agrees that Broker shall have as a commission for each tenant procured by Broker or by any other Broker or agent % of each month's rental receipts attributable to that tenant.

III. Term. This Agreement shall continue in force until terminated by either party on days' notice, but in the event of termination by Owner, Broker's rights under this Agreement as to parties with whom Broker may have been negotiating at the time of termination shall continue for a period of days following such termination.

IV. Effect of Agreement. Owner agrees that this Agreement shall constitute an exclusive agency to Broker to rent the above-described units. The commissions specified in this Agreement shall be paid with respect to tenants procured by any Broker during the term of this Agreement, but shall not be paid with respect to any tenants procured by Owner without the services of any broker.

V. Advertising. Broker is authorized to advertise the rental units in whatever manner deems best. Broker may also place signs on the premises and remove all other signs.

VI. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

VII. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

VIII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

IX. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

X. Mandatory Arbitration. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

XI. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

XII. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

XIII. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

XIV. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

XVI. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties.

WITNESS our signatures as of the day and date first above stated.

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What a Listing Agreement Is and when it's used

A Listing Agreement is a written contract between a property owner and a broker that authorizes the broker to market, show, and sell or lease real property on the owner's behalf. It sets the scope of representation, listing price, commission structure, marketing obligations, exclusivity, term, and termination rights. In U.S. practice the agreement governs agent duties, buyer-solicitation rules, and compensation; it is typically governed by state real estate law and brokerage regulations and may include required state disclosures.

Why a clear Listing Agreement matters

A well-drafted Listing Agreement clarifies expectations, reduces disputes over commission or scope, and documents the timeline for marketing and closing. It also supports regulatory compliance, creates enforceable obligations, and preserves remedies if a party fails to perform.

Why a clear Listing Agreement matters

Who commonly completes and signs a Listing Agreement

Parties should review authority to sign and required state disclosures before finalizing the agreement.

  • Brokers and listing agents preparing terms, marketing plan, and compensation details for clients.
  • Property owners or sellers confirming price, term, and exclusive vs. non-exclusive authority.
  • Attorneys or transaction coordinators reviewing language for special conditions or legal exposure.

Key provisions to include in a professional Listing Agreement

Include clear, enforceable clauses covering authority, compensation, term, marketing, seller obligations, and dispute resolution to avoid ambiguity and protect both parties.

Authority

Specify whether the broker has exclusive, exclusive-agency, or non-exclusive authority to procure buyers and whether subagents are permitted; define the scope of authority precisely.

Compensation

State the commission rate or fee structure, when it is earned, payable conditions at closing, and how compensation is split with cooperating brokers or buyer agents.

Term

Set a clear start and end date for the listing, extension conditions, and procedures for early termination or automatic renewal if permitted by state law.

Marketing

Describe permitted marketing channels, photography and staging rights, lockbox and showing protocols, and advertising budgets or seller approvals if required.

Seller obligations

List seller responsibilities such as property access, disclosure of material facts, condition and repairs, and delivery of title documents or keys.

Dispute resolution

Identify governing law, venue, and whether mediation or arbitration is required before litigation; consider attorney fee and prevailing party provisions.

Step-by-step: Completing and executing a Listing Agreement

Follow a consistent sequence to reduce omissions and ensure the document is enforceable across stakeholders.

  • 01
    Prepare details: Gather property title, seller ID, and suggested list price before drafting the agreement.
  • 02
    Set terms: Enter commission, term, and marketing plan; confirm seller understands obligations and fees.
  • 03
    Review disclosures: Attach required state or local disclosures and confirm delivery to the buyer as mandated.
  • 04
    Execute properly: Obtain signatures and dates from all parties; include capacity and witness/notary if required.

How to configure an online Listing Agreement workflow

Set up fields, signer order, and verification to match your standard brokerage process and compliance needs.

Field Configuration
Signature fields Place signature, date, and initials; make signature required for each party.
Signer order Set simultaneous or sequential signing; ensure broker signs where required.
Authentication Use email plus optional SMS code or KBA for higher assurance.
Retention Enable automatic storage of completed PDF and audit trail in your document repository.

Technical considerations for digital completion and sharing

Use platform audit trails, encrypted storage, and access controls to preserve chain-of-custody for listing and closing documents.

  • Integrations: Salesforce, NetSuite, Google Workspace and other CRM integrations streamline contact and transaction data.
  • File formats: Support for PDF and Word DOCX ensures templates upload and export reliably.
  • Authentication: Offer email, SMS code, or advanced signer authentication for higher-risk transactions.

Where to send or file a completed Listing Agreement

After execution, route the agreement to stakeholders and store it in secure systems for transaction continuity.

  • Brokerage file: Save executed copy in the broker's transaction management system and agent folder.
  • Seller copy: Provide the seller a signed copy for their records and future title review.
  • MLS submission: Submit listing data to MLS if required by local rules and after required disclosures are complete.
  • Closing team: Share final agreement with title company, escrow, and closing attorney as needed.

Common timelines and deadlines for Listing Agreements

Track critical dates to protect commission rights and contingency periods; document each deadline explicitly in the agreement.

Listing term length:

Specify the exact term (days or date range) and any automatic renewal conditions.

Open-house and showing windows:

Note permitted showing hours and blackout dates agreed by the seller.

Offer review period:

Define how long the seller will consider written offers before accepting or countering.

Post-listing protection:

Include protection period for commission if buyer procured during listing term closes after expiry.

Contract contingencies:

State deadlines for inspections, financing, and appraisal contingencies when applicable.

Common mistakes when preparing a Listing Agreement

  • Using informal or ambiguous compensation language that leads to commission disputes at closing.
  • Failing to attach required state-specific disclosures, which can delay MLS listing or create liability.
  • Entering inconsistent party names or property descriptions that conflict with title records and impede closing.
  • Omitting the post-listing protection clause or not defining broker procurement periods clearly.

Key risks and consequences of an incorrect Listing Agreement

Commission disputes: Risk of litigation or arbitration if compensation terms are unclear.
Regulatory fines: State real estate commissions may impose penalties for disclosure failures.
Contract unenforceability: Missing signatures or incorrect capacity entries can void obligations.
Closing delays: Inaccurate property data or missing exhibits delay title and escrow.
Tax withholding: Incorrect payee TINs can trigger backup withholding under IRC rules.
Reputational harm: Errors can damage broker-seller relationships and future referrals.

Essential data elements to collect and verify

Owner name: Full legal name
Property ID: Street address and APN
Listing amount: Numeric dollar value
Brokerage ID: Broker license number
Contact info: Phone and email
Effective date: MM/DD/YYYY format

eSignature vendor comparison for Listing Agreement workflows

Core capability and pricing comparisons to consider when selecting an eSignature provider for listing and brokerage workflows.

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 Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Real-world examples of electronic Listing Agreement use

Practice examples show how brokers and firms use eSignature and online workflows to execute and store Listing Agreements.

Martin Properties

Tim Martin, Founder, Martin Properties

  • Used online execution to process listings without in-person meetings
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures

Brian Fitzgibbons, COO, Optica Ventures LLC

  • Adopted simple interfaces for external clients to sign listings quickly
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Practical tips for accurate and efficient Listing Agreement completion

Adopt consistent practices to reduce rework, regulatory risk, and closing delays.

Verify identity
Confirm seller identity and title ownership before listing; use government ID and matching name across title documents and the agreement.
Standardize templates
Use a vetted template with required state disclosures baked in to reduce omissions and ensure consistent brokerage practices.
Record deadlines
Document key dates—effective date, expiry, contingency cutoffs—and surface them in transaction management systems.
Store securely
Keep executed agreements and audit trails in encrypted storage with role-based access and regular backups.

FAQs and common execution issues for Listing Agreements

Answers to frequent questions about execution, eSignature legality, cancellations, and recordkeeping for Listing Agreements.


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