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Commercial Listing Agreement

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LISTING AGREEMENT WITH A BROKER OR REALTOR TO SELL COMMERCIAL PROPERTY OR REAL ESTATE (Exclusive Listing)

(Name of Seller), hereinafter called Seller, hereby engages (Name of Realtor) (hereinafter referred to as Agent, its successors and assigns, as Seller’s exclusive Agent, and grants to Agent the sole and exclusive right to sell the following described Property, hereinafter referred to as Property:

(Description of Property)

1. The Property may be sold together as one sale or separately in multiple sales.

2. Said Property is to be sold at a price of not less than $ and upon the following terms:

(Terms of Payment such as Cash at Closing)

3. This Contract shall be for a period of (time such as certain number of months or a year) commencing on the . If Seller notifies Agent, on or before 30 days prior to the end of such period that Seller does not wish to continue this Agreement, then this Agreement shall terminate at the end of such period. In the absence of such notice, this Agreement shall continue on a month to month basis following such period. However, after the initial period of One (1) Year, either party may elect to terminate this Agreement by giving the other party thirty (30) days written notice of such election.

4. Agent is authorized not authorized to place its “For Sale” sign on said Property.

Seller agrees to refer all prospects for, or persons inquiring about, the sale of said Property to Agent, and Agent shall conduct all negotiations for the sale of said Property.

5. In the event Agent procures a party ready, willing and able to purchase the Property upon the foregoing terms and conditions, or upon other terms and conditions acceptable to Seller, during the term of this Agreement (or up to 180 days after the termination of this Agreement), to persons with whom Agent has, during the term of this Agreement, negotiated offered or presented subject Property, or who has inspected subject Property with Agent, then Seller agrees to pay to Agent a commission of % of the Gross Selling Price agreed upon.

6. In consideration of this exclusive listing, Agent agrees:

A. To carefully inspect said Property and secure complete information regarding it;

B. To direct the efforts of Agent’s organization in bringing about a sale;

C. To advertise said Property as Agent deems advisable;

D. To furnish at all times additional information requested by any Realtor or Real Estate Broker, and to assist co-operating brokers in closing a transaction on said Property when requested to do so;

E. To promptly pay a co-operating Broker who sells the Property for his services;

F. To keep Seller informed as to the progress being made toward consummation of a sale; and

G. To make all reasonable efforts to find a purchaser for said Property

7. Agent is authorized to accept on behalf of Seller a non-interest bearing deposit to be applied against the sale price, which deposit may be placed in any bank in (state) pending consummation of the sale, without liability on Agent’s part in the event of failure or suspension of said bank. In the event Buyer fails to perform and the deposit(s) is retained, 50% thereof (not to exceed % of the contracted sale price) shall be paid to the Agent in full consideration for Agent’s services including costs experienced by Agent, and the balance shall be paid to Seller. In no event shall the retained deposit paid to Agent, exceed the total commission due for the pending sales transaction. Entering into this Agreement voids any previous listing agreement by and between the parties.

Witness our signatures as of the .

(Printed name)

(Signature of Seller)

(Printed name)

(Signature of Agent)

Enter text✕

What a Commercial Listing Agreement Is and when it applies

A Commercial Listing Agreement is a written contract between a property owner and a broker that authorizes marketing and sale or lease of commercial real property. It defines the broker's scope of services, exclusivity, commission structure, listing term, and termination rights. The agreement records the legal description of the property, pricing or rent targets, permitted marketing activities, and responsibilities for disclosures and third-party reports. Properly completed, it sets expectations for offers, negotiating authority, and post-closing cooperation such as escrow coordination and assignment of commissions.

Why a clear Commercial Listing Agreement matters legally and operationally

A precise agreement reduces disputes, clarifies commission entitlement, and documents authority to market and negotiate. Electronic execution is enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and retention requirements are met. Include jurisdiction and governing law to limit interpretive uncertainty.

Why a clear Commercial Listing Agreement matters legally and operationally

Who commonly completes and signs Commercial Listing Agreements

Typical parties involved include property owners, listing brokers, leasing agents, and authorized corporate signatories.

  • Brokers and agents who coordinate marketing, negotiations, and showings of commercial real estate, responsible for commission and performance obligations.
  • Property owners or authorized managers who grant marketing authority and approve pricing, terms, and exclusivity provisions for the listing.
  • Corporate counsel, asset managers, or title representatives who review liability, indemnity, and assignment clauses before execution.

Ensure signatory authority is documented: corporate signers need evidence of board or delegated authority; individual owners should provide ID or docketed entity authorization.

Step-by-step: completing a Commercial Listing Agreement

Follow these sequential steps to prepare, review, and execute a compliant listing agreement.

  • 01
    Prepare document: Populate owner, broker, and property fields.
  • 02
    Define terms: Set listing term, exclusivity, and commission language.
  • 03
    Review: Confirm legal description and signatory authority.
  • 04
    Execute: Sign, date, and retain copies for all parties.

Core provisions to include in a professional Commercial Listing Agreement

A complete agreement balances marketing rights, seller protections, and clear compensation mechanics so all parties understand obligations and remedies.

Scope of Services

Describe permitted marketing activities, listing platforms, broker exclusivity or non-exclusive rights, and any approval process for marketing materials.

Listing Term

State precise start and end dates, renewal options, and early termination rights plus any cure periods for breaches or defaults.

Commission Terms

Specify calculation method, triggering events, payment timing, handling of prorated commissions on leases, and obligations upon buyer referral.

Authority and Representations

Owner representations about title, authority to list, disclosure obligations, and required third-party reports such as environmental or zoning.

Indemnity and Liability

Limit broker liability appropriately, allocate indemnity for misstatements, and define insurance requirements for marketing activities.

Governing Law

Identify the state law that will govern interpretation and dispute resolution mechanisms such as mediation, arbitration, or courts.

Essential data elements to verify before finalizing

Owner Identity: Confirm legal name
Broker Credentials: Confirm license number
Property Details: Verify legal description
Transaction Dates: Check start/end dates
Compensation: Confirm commission terms
Signatory Authority: Validate signing capacity

How to configure an online Commercial Listing Agreement workflow

Set up fields and routing to mirror the paper workflow and to capture audit evidence for signatures and consent.

Field Configuration
Upload Document Use PDF or DOCX; lock final version
Place Signature Fields Assign signer roles and required dates
Set Authentication Email link or SMS code for signer identity
Routing Order Define sequence and automatic reminders

Digital distribution and eSignature considerations

Consider authentication strength, audit trails, and secure storage when sending agreements electronically.

  • File formats: PDF and DOCX supported
  • Authentication: Email, SMS, or advanced options
  • Integrations: CRM and storage systems

Where to send and how routing typically works

A common routing sequence ensures consistent review, signature, and record retention across parties and systems.

  • Owner: Receives for review and signature first
  • Broker: Signs to accept appointment and terms
  • Legal/Agent: Optional counsel review in parallel
  • Storage: Final executed copy archived for parties

Key dates and timing to include in the agreement

Explicit deadlines prevent ambiguity about exclusivity, marketing commitments, and commission entitlement if a transaction completes after listing expiry.

Listing Effective Date:

MM/DD/YYYY format for term start

Listing Expiration Date:

MM/DD/YYYY for term end

Offer Response Window:

Number of days to accept or counter

Post-Listing Protection:

Period for broker-protected prospects

Termination Notice:

Days required to terminate early

Typical milestones from listing to closing

A milestone timeline clarifies responsibilities from listing activation through marketing, offers, and closing coordination.

01

Listing Activation

Document executed and listing posted to marketing channels.

02

Marketing Period

Broker conducts showings and solicits offers per agreed plan.

03

Offer and Negotiation

Buyer submits offer; broker facilitates counteroffers and approvals.

04

Closing Coordination

Deliver documents and confirm commission disbursement at closing.

Common mistakes when preparing a Commercial Listing Agreement

  • Using an informal street address instead of the recorded legal description creates ambiguity in title and can delay closing.
  • Failing to confirm the signer's authority for an entity leads to enforceability disputes and potential rejection by title companies.
  • Vague commission language that omits triggering events for payment can cause post-closing litigation over entitlement and amounts.
  • Neglecting to set a post-listing protection period permits claim disputes when a sale closes after the listing expires.

Risks and potential consequences of errors

Invalid Signature: May void the contract
Wrong Owner: Title issues and rescission risk
Missing Terms: Commission disputes possible
Unauthorized Signer: Contract unenforceable
Late Notices: Loss of termination rights
Disclosure Failures: Liability for omissions

Comparison: eSignature options for executing Commercial Listing Agreements

Choose a provider that supports required authentication, audit trails, and industry compliance. The table summarizes starting prices and key capabilities.

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 card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-world examples: brokers and owners using online signing for listings

These examples show how digital execution supports commercial listing workflows in practice.

Optica Ventures LLC

Optica streamlined execution across remote owners and brokers

  • Reduced turnaround time for approvals across multiple states
  • The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Martin Properties

A small regional firm moved to online execution to close more leases quickly

  • Enabled agents to sign on-site using mobile devices
  • I can process and execute all of these documents online with 100% compliance and built-in security, whether on mobile or working offline.

Frequently asked questions about Commercial Listing Agreements and eSigning

Answers to common execution, authority, and enforceability questions when using electronic or traditional signing methods.


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