Listing Agreement with Broker for Leasing of
Premises with Commission Agreement
Listing Agreement made on the ________________________ (date), between
________________________ (Name of Broker) of
_____________________________________________ (street address, city, county,
state, zip code) , referred to herein as Broker , and ________________________ (Name of
Owner) of _____________________________________________ (street address, city,
county, state, zip code) , referred to herein as Owner .
I. Employment of Broker.
A. In consideration of services to be rendered by Broker, Owner employs Broker
as _______ (his/her) exclusive agent to procure tenants for rental units located at
_____________________________________________ (street address, city,
county, state, zip code) , 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 _______ (number) 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 _______ (number) 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 _______ (he/she) deems best. Broker may also place _______ (his/her) 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 __________________ (name of state).
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.
________________________ _________________________
(Signature of Owner) (Signature of Broker)
________________________ ________________________
(P rinted Name of Owner) (P rinted Name of Broker)
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FAQs
Here is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
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The best way to complete and sign your listing agreement broker form
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