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Non-Exclusive Listing Agreement

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NON-EXCLUSIVE LISTING AGREEMENT

This Non-Exclusive Listing Agreement (the "Agreement") is entered into on by and between the undersigned Owner and Broker. Owner hereby engages Broker to act as a non-exclusive agent to procure purchasers or tenants for the Property described below, subject to the terms and conditions set forth in this Agreement.

PARTIES

PROPERTY IDENTIFICATION

LISTING TERMS

Listing Type: Non-Exclusive Authorization to sell or lease the Property described above at the Listing Price of $ . This Agreement shall commence on and terminate on unless earlier terminated as provided herein.

Possession to be delivered to Buyer on or before (possession date may be at closing or other date as agreed).

COMPENSATION AND COMMISSION

Owner agrees to pay Broker as compensation for Broker's services the following:

Commission shall be earned and payable upon the earlier of (a) the closing of a sale of the Property, (b) the execution of a binding purchase contract during the Listing Term by any party procured by Broker, or (c) transfer of title or beneficial interest. If Buyer procured by Broker closes after expiration of the Listing Term within days as a result of Broker's prior introduction, Broker shall be entitled to the commission set forth above.

MARKETING AND AUTHORIZATION

Owner authorizes Broker to market the Property using the following methods (select all that apply):






Owner authorizes Broker to place Property information, photographs and reasonable descriptive material in marketing media, to cooperate with other brokers, and to accept deposit and escrow instructions related to bona fide offers procured by Broker.

DISCLOSURES AND REPRESENTATIONS

Owner represents and warrants to Broker that, to Owner's actual knowledge, the following statements are true. If true, check Yes; if not true or unknown, check No.

ACCESS AND SHOWINGS

Owner shall permit Broker and cooperating brokers to show the Property at reasonable times. Owner acknowledges that Broker may hold open houses and provide access to prospective buyers and their agents. Owner authorizes Broker to secure keys or lockbox for the Property: Yes No

INSPECTIONS, OFFERS, AND ESCROW

Broker shall promptly present all offers to Owner. Owner authorizes Broker to accept earnest money or deposits delivered to Broker on Owner's behalf and to deposit such funds with the mutually agreed escrow or closing agent. Any inspection contingency, financing contingency, or other buyer conditions will be governed by the terms of the purchase contract.

DEFAULT, REMEDIES, AND INDEMNIFICATION

If Owner breaches this Agreement, Broker shall be entitled to recover its earned commission and costs, including reasonable attorney's fees, to the extent permitted by law. Owner agrees to indemnify and hold Broker harmless from claims arising from Owner's misrepresentations, failure to disclose material facts, or other acts or omissions of Owner.

TERMINATION

This Agreement may be terminated by mutual written consent of the parties or as otherwise provided herein. Termination shall not affect obligations that have accrued prior to termination, including obligations to pay commission earned during the Listing Term or under any protection period set forth herein.

GENERAL PROVISIONS

This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions and agreements. Any amendment must be in writing signed by both parties. This Agreement shall be governed by the laws of the state in which the Property is located. Notices shall be in writing and delivered to the addresses listed above or such other address as a party may designate in writing.

Owner / Seller Signature

Owner Printed Name:

By:

Date:

Broker / Listing Agent Signature

Broker Printed Name:

By:

Date:

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What a Non-Exclusive Listing Agreement Is

Non-Exclusive Listing Agreement is a contract used by property owners to authorize one or more brokers or agents to market and sell real property without granting exclusive rights. It sets listing terms, commission structure, duration, and permitted marketing activities while allowing the owner to sell independently or engage additional brokers. The agreement documents broker duties, seller representations, compensation triggers, and termination conditions. Because it does not grant exclusive agency, commission entitlement is typically limited to sales procured by the listing broker during the listing period and under the contract's defined terms.

Why Choose a Non-Exclusive Listing Agreement

Use a Non-Exclusive Listing Agreement when an owner seeks flexible marketing with multiple brokers, limited broker obligations, or to retain the right to sell independently. It clarifies commission triggers and duration while reducing exclusivity-related disputes compared with exclusive listings.

Why Choose a Non-Exclusive Listing Agreement

Who Uses and Signs This Agreement

Owners, brokers, and property managers commonly use the Non-Exclusive Listing Agreement to document nonexclusive marketing arrangements and commission terms.

  • Property owners who wish to retain sale rights and work with multiple brokers.
  • Independent brokers listing specific properties without an exclusive commission claim.
  • Property managers and landlords listing rental properties or sale options across channels.

The agreement is suitable where sellers want broad marketing reach while retaining rights to sell independently and where brokers accept limited exclusivity.

Core Clauses to Include in a Professional Agreement

Core clauses and structural elements typically found in a professional Non-Exclusive Listing Agreement are described below to guide drafting and review.

Parties

Identifies seller(s) and broker(s) with full legal names, business entities, license numbers, and contact information. Accurate party identification prevents ambiguity in enforcement and supports regulatory compliance.

Property

Legal description, street address, parcel number, and attachments such as plats or surveys. Precise property identification is essential for marketing, disclosures, and the closing process.

Term

Listing start and expiration dates, renewal options, and notice periods. Clear term language defines the period when the broker's marketing rights and commission claims apply.

Commission

Rate or flat fee, payment timing, allocation among brokers, and events that trigger payment. Define post-listing protection and any prorated or negotiated adjustments.

Broker Duties

Scope of marketing activities, MLS entry permissions, advertising consent, reporting obligations, and limitations. Sets expectations for performance and deliverables.

Termination

Grounds for termination, required notices, effect on outstanding offers, and handling of commission claims for sales in progress or received near expiration.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Certifications: SOC 2 Type II; ISO 27001; PCI DSS
Audit Trail: Complete timestamps, IP addresses, and action logs
HIPAA Support: HIPAA-compliant workflows with BAA available
Access Controls: Role-based permissions and activity logging
Authentication: Email, SMS, KBA, SSO and two-factor options

Step-by-Step: Complete a Non-Exclusive Listing Agreement

Follow these steps to complete a Non-Exclusive Listing Agreement accurately and reduce later disputes with clear dates and signatory details.

  • 01
    Prepare Parties: Identify seller, brokers, and legal entities with full legal names.
  • 02
    Define Term: Set listing start and end dates using MM/DD/YYYY format.
  • 03
    Specify Commission: State commission rate, payment conditions, and allocation among brokers.
  • 04
    Signature: All parties sign and date; include printed names and broker licenses.

Digital Workflow Settings for Online Completion

Configure an e-sign workflow for the agreement: authentication, fields, conditional logic, notifications, and template settings.

Field Configuration
Authentication Email link; optional SMS code; KBA for higher assurance
Field Types Signature, initials, date, checkbox, and text inputs
Conditional Logic Show commission details only when applicable checkboxes are selected
Notifications Email copies to broker, owner, and designated contacts on completion

Platform and Integration Requirements

Use an eSignature platform that supports PDF and DOCX, integrates with MLS or CRM systems, and provides a secure, auditable signing experience.

  • File formats: PDF, DOCX, HTML supported
  • Integrations: MLS, Salesforce, NetSuite, Google Workspace
  • Security: TLS 1.2/1.3; AES-256 at rest

Key Dates and Deadlines to Track

Key dates and deadlines commonly included in a Non-Exclusive Listing Agreement and obligations parties should track for compliance and performance.

Effective Date:

Start date when rights and duties commence.

Listing Expiration:

Date when the listing term automatically ends.

Commission Claim Window:

Period after expiration where broker may claim commission.

Disclosure Delivery:

Deadlines for delivering required state property disclosures.

Record Retention:

How long parties should retain signed originals.

Milestone Sequence: From Listing to Closing

Sequential milestones from listing creation to transaction close and post-closing obligations for the agreement.

01

Listing Execution

Parties sign; listing becomes effective on the stated date.

02

Marketing Period

Broker markets property; showings and offers accepted during term.

03

Offer Received

Document offers and buyer qualification details; notify all parties.

04

Closing & Settlement

Closing triggers final commission payment and file retention duties.

How Non-Exclusive Listings Compare with Other Listing Types

Quick comparison to help distinguish Non-Exclusive Listing Agreements from Exclusive and Open listings when choosing a listing type.

Criteria Non-Exclusive Exclusive Open
Exclusive Rights
Seller Can Sell Independently
Broker Commission Trigger broker-procured only any sale during term broker-procured only
Common Use flexible marketing single-broker focus multiple brokers, low obligation

Practical Examples from Real Users

Real-world examples showing how Non-Exclusive Listing Agreements are used in practice by brokers and property owners across markets.

Martin Properties — Tim Martin

A regional brokerage used non-exclusive listings to expand inventory quickly while retaining seller flexibility.

  • They processed documents online to streamline execution and compliance.
  • "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

A small investment firm listed several assets non-exclusively to test market interest across broker networks.

  • The arrangement allowed parallel marketing without long exclusivity commitments.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Practical Tips to Reduce Disputes and Ensure Enforceability

Best practices for drafting, signing, and storing Non-Exclusive Listing Agreements to reduce ambiguity and legal risk.

Use clear commission language
Specify exactly how commission is calculated, when it is due, which events trigger payment, and how shared commissions are split. Avoid vague terms like 'reasonable value' to reduce litigation risk and promote accounting clarity.
Define seller and broker identities
Use full legal entity names, include broker license numbers and business types, and attach exhibits for corporate sellers. Precise identification prevents title and payment disputes and supports enforceability in administrative or judicial settings.
Document buyer sourcing rules
Define what constitutes procuring a buyer, any post-listing protection period, and proof standards for a 'ready, willing, and able' buyer. Clear sourcing clauses reduce overlapping commission claims between brokers.
Maintain execution records
Retain signed originals or high-quality electronic copies, audit trails, and signer authentication logs. Organized records enable prompt response to closings, audits, or disputes and support legal defenses if necessary.

Common Preparation Pitfalls

  • Ambiguous commission triggers leading to broker disputes.
  • Incomplete property descriptions causing title or closing delays.
  • Mismatched party names invalidating claims or slowing transactions.
  • Failure to store execution evidence reducing enforceability in disputes.

Risks and Potential Consequences of Errors

Misstated Property: Risk of rescission or liability
Name Mismatch: Commission claim denial
Late Filing: Tax reporting penalties
Undefined Triggers: Broker disputes and litigation
Unauthorized Listing: Breach of fiduciary duty
Poor Records: Loss of evidence in disputes

Frequently Asked Questions — Troubleshooting Common Issues

Answers to common questions about completing, signing, and enforcing Non-Exclusive Listing Agreements for brokers and property owners.


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