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Property Acres Listing Agreement

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PROPERTY ACRES LISTING AGREEMENT

This Listing Agreement is made effective as of between Owner (Seller) and Listing Broker as set forth below.

1. Parties

2. Property Identification

3. Listing Term

The Broker is hereby granted the exclusive right to sell the Property commencing on and terminating on unless sooner terminated in accordance with this Agreement.

4. Financial Terms & Compensation

The Seller agrees that commission is earned if, during the term of this Agreement or any mutually agreed extension, the Broker procures a ready, willing and able buyer, or the Property is sold, exchanged or otherwise conveyed. Commission shall be payable as follows:

5. Marketing, MLS & Access

Seller authorizes Broker to market the Property, list on the local multiple listing service (MLS) and use photographs, video, floor plans and aerial imagery for promotion.

6. Seller Disclosures

Seller represents the following information is complete and will be provided to prospective buyers and Broker prior to marketing and at the time of contract:

Lead-Based Paint (if property built before 1978):

Mold or Water Intrusion Known:

Prior Structural or Material Damage (fire, flood, subsidence):

7. Inspections & Contingencies

Inspection, financing and other contingencies shall be governed by the purchase contract negotiated by the Broker. Seller acknowledges customary inspections and the right of prospective buyers to conduct investigations. Seller will permit reasonable access for inspections and appraisals.

8. Closing, Possession & Title

Title shall be marketable at closing and conveyed by general warranty deed or such instrument as is customary in the jurisdiction. Seller shall deliver clear title, subject only to permitted exceptions.

9. Default & Remedies

If Seller fails to perform Seller's obligations under this Agreement, Broker may terminate the Agreement and pursue any remedies available at law or equity, including recovery of commission if Broker is the procuring cause of a sale. If Buyer defaults under a purchase contract, Seller's remedies shall be as set forth in the purchase contract.

10. Indemnification, Insurance & Risk Allocation

Seller shall indemnify and hold Broker harmless from claims arising from Seller's failure to disclose material facts or from Seller's breach of representations. Broker shall carry errors and omissions insurance as required by law. Neither party shall be liable for delays caused by events beyond their reasonable control.

11. Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by hand delivery, certified mail or courier.

12. Governing Law; Entire Agreement; Amendments

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement contains the entire agreement of the parties and supersedes all prior agreements, understandings and representations. Any amendment must be in writing and signed by both parties.

13. Miscellaneous Provisions

If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force. The headings in this Agreement are for convenience only and shall not affect interpretation. Time is of the essence where expressed.

Seller Name:

By:

Date:

Broker / Agent Name:

By:

Date:

Enter text✕

What the Property Acres Listing Agreement Is and when it applies

The Property Acres Listing Agreement is a real estate contract between a property owner and a brokerage that authorizes the broker to market and attempt to sell or lease a specific parcel. It sets the listing price, term, commission structure, permitted marketing activities, and party responsibilities. The agreement creates enforceable obligations for presenting offers, cooperating with other brokers, and disclosing material facts about the property. Sellers should understand termination rights, price-change procedures, and how offers will be handled. Copies should be retained by the broker and owner and provided to cooperating brokers as required.

Why a properly completed agreement matters

A complete Property Acres Listing Agreement clarifies rights and responsibilities, reduces disputes over commissions and authority, and documents required disclosures. Proper execution helps satisfy state real estate regulations and preserves evidence of consent and agency relationships under ESIGN and applicable state law.

Why a properly completed agreement matters

Who typically completes and signs this agreement

All signers must have authority to bind the named party; authorized signatory documentation is recommended when title is held by trusts or entities.

  • Individual sellers and owners: Homeowners, trusts, or titled entities signing as the property owner.
  • Listing brokers and agents: Licensed brokerage representatives who will market the property and accept offers.
  • Cooperating brokers and transaction coordinators: Parties who receive executed copies for MLS entry and showing coordination.

Core sections to expect in a professional listing agreement

A complete Property Acres Listing Agreement organizes the deal into discrete sections so parties and agents can find obligations, deadlines, and compensation terms quickly.

Listing Term

Start and expiration dates of the listing, renewal or extension mechanics, and early termination conditions spelled out clearly to avoid disputes.

Listing Price

Initial asking price and any authority for price reductions, price-change notice procedures, and how counteroffers affect the listed price.

Commission

Rate or fee structure, payment timing, split with cooperating brokers, protection period details, and taxes or escrow instructions where applicable.

Broker Authority

Scope of marketing rights, MLS submission authorization, lockbox permission, photo/video consent, and open-house access rules.

Disclosures

Required property disclosures, known defects, lead-based paint statements, and language for state-specific mandated disclosures.

Seller Representations

Seller guarantees about title, authority to sell, encumbrances, and obligations to provide documents or correct inaccuracies.

Essential information fields to include

Property Address: Street address, city, state, ZIP.
Legal Description: Parcel or lot description from deed.
Seller Name: Exact legal entity or individual name.
Listing Price: Numeric value in dollars.
Brokerage Details: Broker name, license number, contact.
Effective Dates: Start and expiration dates.

Step-by-step process to complete and execute the agreement

Follow these steps to ensure a compliant, enforceable listing agreement.

  • 01
    Prepare document: Populate property and party fields accurately.
  • 02
    Review disclosures: Confirm all required state disclosures are attached.
  • 03
    Authorize signature: Confirm signer authority and identity.
  • 04
    Distribute copies: Provide executed copies to seller and brokerage file.

Recommended online workflow settings for eCompletion

Configure your digital workflow to enforce signing order and capture a complete audit trail before sending the listing agreement.

Field Configuration
Authentication Email link plus SMS code for signer verification.
Signing Order Seller signs before broker or use simultaneous signing.
Notifications Enable email reminders and final copies to all parties.
Integrations Connect MLS and document storage for automatic routing.

Technical considerations for eSigning and eSubmission

Ensure your provider can meet industry requirements such as HIPAA BAA availability when handling health or sensitive personal information and supports audit log export.

  • File formats: Accepts PDF and DOCX for uploads.
  • Integrations: Integrates with MLS, Google Workspace, and NetSuite.
  • Security: Supports TLS in transit and AES-256 at rest.

Where executed agreements should go and how to route them

After execution, follow these routing steps so all stakeholders have a copy and compliance obligations are met.

  • Brokerage File: Place an executed copy in the brokerage compliance folder.
  • Seller Copy: Provide the seller with a signed copy immediately.
  • MLS Submission: Upload the agreement or required data to MLS per local rules.
  • Cooperating Brokers: Share executed terms with cooperating brokers as needed.

Typical dates and timing considerations to track

Monitor these time-critical items to avoid unintended renewals, lapses, or missed obligations.

Listing Start Date:

Date the broker may begin marketing the property.

Expiration Date:

When the listing term automatically ends.

Price Change Notices:

Allow time for internal approvals before MLS updates.

Offer Response Window:

Specify how long the seller has to respond to offers.

Record Retention:

Keep executed files per broker compliance timelines.

Key milestone sequence from signing to contract acceptance

Milestones help teams coordinate showings, offers, and transitions to escrow efficiently.

01

Agreement Signed

Execution by seller and broker authorizes marketing and MLS entry.

02

MLS Live

Property is listed publicly and showings begin.

03

Offers Received

Offers are presented according to the agreement's procedures.

04

Contract Accepted

Acceptance triggers buyer-seller contract steps and removes property from active marketing as specified.

Common preparation errors to avoid

  • Using an informal property description instead of the recorded legal description, which can cause mismatches with title records and delay closing.
  • Failing to attach required state-specific disclosures, leading to regulatory penalties or buyer rescission rights.
  • Leaving commission terms vague, creating later disputes with cooperating brokers or sellers over amounts owed.
  • Allowing an unauthorized signer to execute on behalf of an entity without written proof of authority.

Risks and possible consequences of incorrect agreements

Name Mismatch: Title or closing delays.
Wrong Legal Description: Ambiguity affecting enforceability.
Missing Disclosures: Regulatory fines or rescission exposure.
Unauthorized Signature: Agreement may be voidable.
Vague Commission: Fee disputes and litigation risk.
Improper MLS Entry: Broker penalties for noncompliance.

How other brokers use a standard listing agreement

Two short examples illustrate practical uses of the Property Acres Listing Agreement in typical transactions.

Brokerage Compliance Example

A regional broker standardized the agreement across offices to ensure uniform commission terms and MLS data entry.

  • The change reduced internal review time.
  • After rolling out the standard form, the brokerage improved compliance tracking and reduced commission disputes by creating a single approved template and mandatory checklist for each listing.

Seller Authorization Example

An owner held title in a trust and provided trustee authorization attachments with the agreement.

  • The trustee documentation avoided closing delays.
  • By attaching proof of signing authority and a certified copy of the trust instrument, the listing moved smoothly through escrow with no title exceptions related to signer authority.

Practical tips to complete listings accurately and efficiently

Small checks prevent common errors and improve transaction speed.

Use recorded descriptions
Copy the legal description directly from the deed to avoid title inconsistencies and ambiguity during closing.
Confirm signer authority
Obtain entity resolution or trustee documentation when someone signs for a company, trust, or estate to avoid later challenges.
Attach mandatory disclosures
Include state-required disclosure forms at the time of signing to satisfy statutory notice periods and reduce rescission risk.
Keep an audit trail
Capture timestamps, IP addresses, and authentication records for every signature to support enforceability and dispute resolution.

Frequently asked questions and common troubleshooting steps

Answers to typical questions about signing, authority, and recording of a Property Acres Listing Agreement.


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