Can a listing be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; ensure intent, consent, attribution, and record retention to support enforceability and admissibility.

Is notarization required for the listing agreement?

Typically no for the listing itself, but deeds, conveyances, and some acknowledgements require a notarized signature; confirm state notary and recording rules and whether Remote Online Notarization (RON) is accepted.

Who can sign on behalf of an owner entity?

A corporate officer or authorized agent may sign if authority is documented (resolution or power of attorney); absent clear authorization, opposing parties may challenge signature validity.

How do I revoke or terminate a listing?

Follow the termination clause in the agreement, provide written notice as required, and document acceptance of termination; review compensation triggers to determine whether any fees remain payable.

Are electronically signed agreements admissible in court?

Yes. Electronic records and signatures are admissible under federal ESIGN and state UETA statutes; preserve the audit trail, timestamps, and authentication evidence to support admissibility.

What if the signer name differs across documents?

Correct or clarify names before closing; obtain an affidavit of identity or certified corporate documentation. Name mismatches can delay title transfer and create disputes over authority or payment.

Electronic Signature
Templates
Real estate
Non-MLS Property Listing Agreement

Non-MLS Property Listing Agreement

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

NON-MLS PROPERTY LISTING AGREEMENT

This Non-MLS Property Listing Agreement ("Agreement") is made effective as of by and between the parties identified below. The parties agree that the Broker will list and attempt to procure a buyer for the Property on a non-MLS, off-market basis under the terms set forth herein.

1. Parties

Owner (Seller) Owner Address

Broker Broker Office Address

2. Property Identification

Property Street Address Parcel / APN Number Legal Description

Property Type (select all that apply) Single-family
Multi-family
Condominium / PUD
Land / Lot
Commercial

3. Listing Terms

Listing Price: $

Listing Term - Start

Listing Term - End

Exclusivity: The parties agree that this Agreement grants the Broker rights to market the Property off-MLS as described herein.

Commission / Fee Structure (select applicable) Percentage commission: % of gross sales price Flat fee: $

Commission is earned and payable upon: . If Buyer is procured by Broker or a cooperating broker during the term or protection period, commission shall be due as provided in this Agreement.

Protection Period

4. Marketing and Showings — Non-MLS Restrictions

The parties expressly agree that the Property will not be entered into any multiple listing service or public MLS database. Broker is authorized as follows (select applicable):

Broker may privately show the Property to prequalified buyers and cooperating brokers Broker may share property information within private broker networks or to selected buyers (no public advertising) Owner permits placement of a For Sale sign on the Property Owner forbids placement of any For Sale sign on the Property Owner permits placement of lockbox (subject to Owner instructions)

5. Seller Representations, Disclosures and Condition

Owner represents and warrants to Broker that Owner is the lawful owner of the Property, has full authority to enter into this Agreement and that there are no undisclosed encumbrances that would prevent performance. Owner shall promptly disclose to Broker known material facts affecting the value or desirability of the Property.

Lead-Based Paint Known lead-based paint or hazards Owner has no knowledge of lead-based paint or hazards Known Material Defects Yes No

6. Broker Duties; Seller Obligations

Broker will use reasonable efforts to identify and present prospective buyers consistent with this Agreement, show the Property, advise Owner on offers, and cooperate with buyer representatives where appropriate. Broker will maintain confidentiality of Owner's instructions concerning off-market status except to cooperating brokers and prospective buyers as authorized by Owner.

Owner shall refer all inquiries to Broker, make the Property available for showings consistent with Owner's instructions, and provide accurate disclosure information. Owner will promptly forward all written offers to Broker and will not bypass Broker for the purpose of avoiding commission obligations during the term and any applicable protection period.

7. Compensation Protection and Cooperative Transactions

If the Broker procures a buyer, or if a buyer procured by a cooperating broker enters into a binding purchase agreement for the Property during the term or protection period, Owner shall pay the agreed commission. Owner agrees that efforts by Broker to introduce buyers privately shall constitute procuring under this Agreement if such efforts result in a ready, willing and able buyer.

8. Termination; Remedies; Fees

This Agreement may be terminated by mutual written agreement or as otherwise provided herein. Termination shall not relieve Owner of liability for commission due under the protection period or for transactions resulting from Broker's prior procurement. Broker may pursue injunctive or other equitable relief and, if prevailing, recover reasonable attorneys' fees and costs.

9. Indemnification; Limitation of Liability

Owner shall indemnify and hold Broker harmless from claims, liabilities or losses arising from Owner's misrepresentations or failure to disclose material facts. Broker's liability arising under this Agreement shall be limited to direct damages and shall not include consequential or punitive damages unless resulting from Broker's willful misconduct.

10. Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior oral or written agreements. No amendment shall be effective unless in writing and signed by both parties.

11. Additional Provisions

Owner / Seller:

Printed Name:

By (Signature):

Date:

Broker / Brokerage:

Printed Name:

By (Authorized Signatory):

Date:

What a Non-MLS Property Listing Agreement Covers

A Non-MLS Property Listing Agreement is a written contract that authorizes marketing, sale, or lease of real property outside the local Multiple Listing Service (MLS). It defines the listing period, price or rent, broker compensation, marketing restrictions, exclusivity or non-exclusivity, required disclosures, and termination rights. The agreement documents each party's obligations when the property is marketed privately or to targeted buyers, helps prevent competing commission claims, and establishes how offers will be presented and handled for off-market transactions.

Why use a Non-MLS Listing Agreement

This agreement creates clear expectations about compensation, marketing scope, and the listing period for off-market properties. It protects owner privacy, defines broker authority, and provides evidence to support commission claims or dispute resolution when a property is not entered in the MLS.

Who typically uses this agreement

Sellers, landlords, and brokers use Non-MLS listing agreements when they prefer private marketing or targeted buyer outreach instead of public MLS exposure.

Property owners seeking privacy or targeted buyer outreach without wide MLS exposure.
Brokers who source off-market buyers or represent exclusive private listings.
Landlords listing short-term or selective leasing opportunities without public MLS advertising.

The document allocates duties, sets compensation, and records confidentiality or marketing restrictions to reduce later disputes in off-market transactions.

Signers and their roles

Broker

A licensed broker or agent authorized to market the property under the agreement. The broker should have specified authority to solicit offers, present terms, and collect compensation; the agreement clarifies commission triggers and cooperating broker splits to support enforceability.

Property Owner

The individual or entity that owns or controls the property and grants marketing rights. The owner must disclose material facts, confirm authority to sell or lease, and sign to bind consent for off-market marketing and compensation obligations.

Step-by-step: completing the agreement

Follow these sequential steps to prepare, approve, and execute a Non-MLS Property Listing Agreement with enforceable terms and records.

01

Gather documents: Title proof, ID, and property disclosure forms.
02

Set terms: Define price, duration, and marketing restrictions.
03

Detail compensation: Specify commission, payment triggers, and splits.
04

Sign and distribute: All parties sign; provide copies to stakeholders.

How to configure an online signing workflow

Set authentication, required attachments, and conditional fields to collect complete, auditable signatures for a Non-MLS listing.

Field	Configuration
Signer Authentication and Verification Method	Email link plus optional SMS one-time code for stronger identity assurance.
Required Attachments and Accepted File Formats	Upload ID and disclosure PDFs; accept PDF and DOCX for reliable formatting.
Conditional Field Logic and Visibility Rules	Show compensation or exclusivity fields only if corresponding checkboxes are selected to reduce signer error.
Signature Certificate and Detailed Audit Trail	Capture timestamps, IP, and signer email for each action to support admissibility.

Technical requirements for eSubmission platforms

For reliable eSubmission choose a platform that supports audit trails, secure storage, conditional fields, and accepted file formats.

File formats: PDF, DOCX, and image support
Integrations: MLS, CRM, and cloud storage
Security: TLS and AES-256 encryption

Where the signed agreement goes next

After execution, a typical distribution sequence routes signed copies and certificates to all parties and to relevant service providers.

Seller Copy: Signed agreement emailed to owner and stored for records.
Broker File: Broker retains certificate and original PDF copy.
Cooperating Broker: Provided copy if a cooperating broker participates in the transaction.
Escrow/Title: Sent to closing agent or title company as needed.

Consequences of incomplete or incorrect agreements

Commission disputes: Unclear terms can trigger litigation.

Invalid signature: Missing consent may void the contract.

Regulatory fines: Disclosure failures risk state penalties.

Delayed closing: Incomplete forms postpone closings.

Tax implications: Incorrect reporting can cause IRS penalties.

Privacy breaches: Unauthorized marketing can violate privacy laws.

Common drafting and execution mistakes

Failing to specify exclusivity leads to multiple brokers claiming commission, increasing litigation risk and complicating closing timelines.
Omitting the exact legal property description or parcel number can cause title errors and delay recording with the county recorder.
Not documenting marketing limitations, such as 'no open houses' or confidentiality requirements, can expose the seller to breach claims.
Using ambiguous compensation language without payment triggers or sunset clauses often results in disputes over whether a commission is earned.

eSignature vendor pricing and capability snapshot

Pricing and selected feature availability for leading eSignature providers to consider when executing Non-MLS listing agreements and managing records.

	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 required	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
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

Security and compliance highlights

Encryption in Transit: TLS 1.2 and 1.3 encryption in transit

Encryption at Rest: AES-256 encryption of stored data

SOC 2 Type II: SOC 2 Type II report available on request

HIPAA Compliance: BAA required for handling PHI workflows

ESIGN / UETA: Legal validity for electronic signatures

ISO 27001: Certified information security management

Frequently asked questions

Answers to common questions about executing, revising, notarizing, and storing a Non-MLS Property Listing Agreement, including eSignature considerations.

Need help? Contact support

Can a listing be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted; ensure intent, consent, attribution, and record retention to support enforceability and admissibility.
Is notarization required for the listing agreement?
Typically no for the listing itself, but deeds, conveyances, and some acknowledgements require a notarized signature; confirm state notary and recording rules and whether Remote Online Notarization (RON) is accepted.
Who can sign on behalf of an owner entity?
A corporate officer or authorized agent may sign if authority is documented (resolution or power of attorney); absent clear authorization, opposing parties may challenge signature validity.
How do I revoke or terminate a listing?
Follow the termination clause in the agreement, provide written notice as required, and document acceptance of termination; review compensation triggers to determine whether any fees remain payable.
Are electronically signed agreements admissible in court?
Yes. Electronic records and signatures are admissible under federal ESIGN and state UETA statutes; preserve the audit trail, timestamps, and authentication evidence to support admissibility.
What if the signer name differs across documents?
Correct or clarify names before closing; obtain an affidavit of identity or certified corporate documentation. Name mismatches can delay title transfer and create disputes over authority or payment.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now