Can a listing agreement be signed electronically?

Yes. Electronic signatures that meet ESIGN Act and relevant state law (UETA or state equivalent) are generally enforceable when intent, consent, attribution, and retention are present.

Do all owners need to sign the agreement?

Yes, all record title holders or an authorized signatory must sign. If an owner is an entity, a corporate resolution or power of attorney may be required to show signing authority.

Is notarization required for listing agreements?

Not typically. Most states do not require notarization for listing agreements, but specific transactions or local rules may call for notarized authorizations or added formalities.

What if the seller later claims they never agreed?

Retain signed copies and an audit trail showing signer IP, timestamp, and authentication. These records establish intent and attribution and support enforcement under ESIGN/UETA.

Can I change the commission after signing?

Only by written amendment signed by all parties. Verbal changes are unenforceable; a clear signed amendment preserves enforceability and protects against disputes.

How long should I keep executed listing agreements?

Retain for at least 3 years after termination for IRS and evidentiary purposes; longer retention may apply for state or industry rules and for records that include protected health information.

Electronic Signature
Templates
Real estate
Property Listing Agreement

Property Listing Agreement

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

PROPERTY LISTING AGREEMENT

This Property Listing Agreement ("Agreement") is entered into by and between the parties identified below for the purpose of engaging Broker to market and procure a buyer for the Property described herein. Owner(s) and Broker agree to the terms and conditions set forth in this Agreement.

1. Parties

Owner(s) Full Legal Name Owner Contact Address Owner Phone Listing Broker / Firm Broker Contact

2. Property Identification

Property Street Address Parcel / APN Number Legal Description

3. Listing Term

Effective Date:

Expiration Date:

Type of Listing: Exclusive Right to Sell Exclusive Agency Open Listing

4. Financial Terms

Listing Price

Broker Compensation (check applicable):

Commission:

Flat Fee:

Commission is earned and payable at closing, unless otherwise agreed in writing. Commission shall be computed on the gross sales price and shall be payable out of escrow or as otherwise agreed. Net listings that pay a net amount to Owner and allow Broker to retain the difference are expressly prohibited unless separately initialed by Owner:

Protection Period (days after expiration)

5. Broker Duties and Marketing Authorization

Owner grants Broker the exclusive right to market the Property, list the Property in the local multiple listing service (MLS), advertise, place "For Sale" signage, use electronic and printed media, host open houses, and cooperate with other licensed brokers. Owner authorizes Broker to engage cooperating brokers and to offer cooperating compensation as specified above.

Authorized marketing actions (check all that apply):
Place "For Sale" sign on Property Lockbox placement Photographs and virtual tour MLS listing authorization

6. Owner Representations and Disclosures

Owner represents and warrants to Broker that, to Owner's actual knowledge, the following are accurate. Owner shall promptly provide written disclosures of material facts affecting the Property. Owner acknowledges that misrepresentation or failure to disclose material facts may subject Owner to remedies at law or equity.

Lead-based paint (if property built prior to 1978): Yes No

Known material defects (structural, environmental, mechanical): Yes No

If Yes, describe known defects

Flood zone or prior flood damage: Yes No

7. Access, Keys and Showings

Owner agrees to provide reasonable access for showings and inspections. Owner will provide keys, alarm codes, and tenant contact information as applicable. Owner authorizes Broker and cooperating brokers to show the Property to prospective buyers during reasonable hours.

Keys / Lockbox Code / Alarm Info

8. Inspection, Repairs and Condition

Seller acknowledges Buyer will likely obtain inspections. Owner shall not be required to undertake repairs except as agreed in writing. Broker does not warrant the condition of the Property and is not responsible for the results of inspections.

9. Default; Remedies

If Owner breaches this Agreement by refusing to sell or by materially interfering with Broker's performance, Broker shall be entitled to commissions and other remedies provided herein and by law. If Broker breaches materially, Owner may terminate and pursue remedies. Parties agree that a prevailing party shall be entitled to recover reasonable costs and attorneys' fees incurred in enforcing this Agreement.

10. Indemnification and Limitation of Liability

Owner agrees to indemnify and hold Broker harmless from claims, liabilities, costs or damages arising from Owner's breach of representations, for inaccuracies in Owner-supplied information, or for third-party claims not caused by Broker's gross negligence. Broker's liability for any claim related to this Agreement shall be limited to actual direct damages and shall not include consequential or punitive damages except where prohibited by law.

11. Dual Agency / Buyer-Broker Cooperation

Owner acknowledges that Broker may also represent buyers and that such representation may create dual agency in jurisdictions where permitted. Owner consents to Broker's cooperation with other brokers and to limited sharing of listing information necessary to consummate a sale.

Owner consents to dual agency: Yes No

12. Miscellaneous Provisions

Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes all prior discussions and agreements. Any amendment must be in writing and signed by both parties. Governing Law: This Agreement will be governed by the laws of the state in which the Property is located.

Governing Law State

Assignment: Owner may not assign this Agreement without Broker's prior written consent. Severability: If any provision is determined invalid, the remainder shall remain enforceable.

13. Notices

All notices under this Agreement shall be in writing and delivered to the contact addresses set forth above or other addresses provided in writing by the parties.

Alternate Notice Address for Owner (if any) Alternate Notice Address for Broker (if any)

14. Signatures

By signing below, Owner and Broker acknowledge that they have read and understand this Agreement, that each has had the opportunity to seek independent legal counsel, and that the terms are binding upon execution.

Owner(s) Printed Name:

By:

Date:

Broker / Firm Printed Name:

By:

Date:

What a Property Listing Agreement Is and why it matters

A Property Listing Agreement is a written contract between a property owner (seller or landlord) and a real estate broker or agent that authorizes marketing and outlines commission, exclusive rights, and term. The agreement defines the broker's duties, the property description, listing price or rent, and termination conditions. It creates enforceable obligations around compensation and scope of services and forms the basis for agency duties, disclosures, and any disputes that follow the sale or lease.

When a written listing agreement protects parties

A clear written listing agreement reduces disputes over commission, scope, and timing, documents seller permissions for marketing, and sets expectations for showings and offers. It also creates an evidentiary record for agency duties and supports lawful commission claims if a transaction closes.

Who typically completes and signs a Property Listing Agreement

Common users include individual sellers and landlords, licensed brokers or agents, and property managers who list on behalf of owners. Each party should review the contract language before signing.

Individual owner or landlord: Confirms legal ownership, signs to authorize listing, and agrees to commission and terms.
Broker or listing agent: Completes broker sections, confirms licensing, and documents marketing responsibilities and fee structure.
Property manager or authorized representative: Signs when an owner delegates listing authority via a management agreement.

In complex ownership situations (multiple owners, trusts, estates, or LLCs), involve legal counsel or a designated corporate signer to ensure authority and avoid later disputes.

Essential sections to include in a professional Property Listing Agreement

A robust listing agreement balances clarity for the owner and protections for the broker. Include precise descriptions and operational clauses to reduce ambiguity and support enforceability.

Parties

Full legal names for each owner and the brokerage, including company legal entity, to establish who has authority to act.

Property Description

Street address, parcel or lot number, and any unit identifiers so the listed property is unambiguously identified.

Listing Term

Start and end dates for the listing, including automatic extension clauses or holdover terms for pending offers.

Exclusive Rights and Commission

Whether the listing is exclusive, exclusive agency, or open, and the exact commission percentage or flat fee and when it becomes payable.

Duties and Marketing

Scope of marketing, MLS submission, signage, open houses, property access, and expense allocation for paid advertising.

Authorization and Signatures

Signature block for all owners, broker signature, date, and any witness or notarization language required by local law.

Step-by-step: completing the Property Listing Agreement

Follow these sequential steps to prepare and finalize the listing agreement with clear records for all parties.

01

Gather ownership records: Confirm deed, title, or corporate resolution that shows authority to sign.
02

Draft the listing: Populate property details, price, term, and commission language.
03

Review disclosures: Attach required statutory disclosures and condition reports per state rules.
04

Sign and distribute: Obtain signatures from all owners and the broker; distribute executed copies to all parties.

How to set up an online listing workflow

Configure a clear digital workflow so each signer receives needed fields and copies automatically.

Field	Configuration
Template	Create a reusable template with preplaced name, signature, and date fields for future listings.
Signer Order	Set signer sequence so owners sign before the broker if required by your internal process.
Authentication	Choose email link, SMS code, or stronger verification for high-value listings.
Delivery	Enable automatic distribution of executed PDF and audit trail to owners, broker files, and transaction management system.

Where to send, file, and archive executed listing agreements

Standard routing keeps a clear audit trail and ensures the document is available for closing and dispute resolution.

Owner copy: Send an executed PDF to each owner for their records and future reference.
Broker file: Store an executed copy in the brokerage transaction management folder and CRM.
Title/closing agent: Provide the listing agreement to the chosen title or closing agent as part of closing files if requested.
Regulatory records: Retain copies for state licensing audits or broker compliance reviews.

Digital signing and eSubmission essentials for listing agreements

Confirm the e-signature platform supports legal requirements for intent, consent, attribution, and retention under ESIGN and applicable state law.

Document formats: PDF, DOCX are preferred for retention and compatibility with MLS and title systems.
Authentication: Email plus optional SMS or KBA improves signer attribution for high-value transactions.
Audit trail: Retain IP, timestamp, and signer actions to establish a defensible record in disputes.

Integrate with broker CRM and transaction management systems to attach signed agreements to property records and reduce manual filing errors.

Key timelines and practical deadlines tied to a listing agreement

Understand time-sensitive items that influence commissions, disclosures, and statutory obligations.

Effective date and term:

Listing starts and ends on the effective dates in the agreement; extensions must be written.

MLS submission window:

Submit listing to MLS promptly after signing to ensure market exposure and record of listing date.

Offer response periods:

Specify any deadlines for responding to offers or counteroffers to avoid ambiguity.

Commission entitlement:

Trigger events for commission (contract ratification, closing, or procuring cause) must be clearly stated.

Record retention:

Keep executed listing and all related disclosures per retention rules for audits and tax purposes.

Common mistakes to avoid when preparing a listing agreement

Using informal or unsigned emails instead of a written, signed agreement that grants exclusivity or commission rights.
Entering ambiguous commission language like 'reasonable fee' rather than a specific percentage or flat amount.
Failing to confirm all owners sign, especially when title shows multiple owners or an entity owns the property.
Omitting required state disclosures or failing to attach condition reports that statutes require.

Risks and potential consequences of an incorrect listing agreement

Disputed commission: May lead to arbitration or litigation if the broker's entitlement is unclear.

Regulatory exposure: Broker discipline or fines for missing state-required disclosures or licensing lapses.

Delayed closing: Incorrect ownership or missing signatures can delay escrow and closing schedules.

Voidable clauses: Ambiguous exclusivity or renewal terms can be declared unenforceable by a court.

Tax complications: Improper retention or failure to document commissions affects IRS recordkeeping and deductions.

Reputational harm: Mistakes in listing materials can harm broker credibility and future client relationships.

Sample eSignature vendor comparison for executing listing agreements

Select an eSignature provider that supports legal validity (ESIGN/UETA), audit trails, and the authentication level your brokerage requires. signNow is shown first for comparison.

	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	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

Practical examples of how listing agreements are used

These brief examples show typical scenarios where a clear listing agreement changes outcomes for brokers and owners.

Broker secures exclusive sale

A broker obtains an exclusive right-to-sell listing and markets a property aggressively

Broker negotiates multiple offers after two weeks
Because the agreement specified commission and term, commission paid at closing with no owner dispute.

Estate sale requires trustee signature

An estate owned by a decedent requires court-appointed trustee authorization

Trustee provides probate documents and signs as authorized representative
Attaching proof of authority to the listing prevented a later title delay and clarified signing authority at closing.

Frequently asked questions about Property Listing Agreements

Answers to common practical and legal questions about completing, signing, and storing listing agreements.

Need help? Contact support

Can a listing agreement be signed electronically?
Yes. Electronic signatures that meet ESIGN Act and relevant state law (UETA or state equivalent) are generally enforceable when intent, consent, attribution, and retention are present.
Do all owners need to sign the agreement?
Yes, all record title holders or an authorized signatory must sign. If an owner is an entity, a corporate resolution or power of attorney may be required to show signing authority.
Is notarization required for listing agreements?
Not typically. Most states do not require notarization for listing agreements, but specific transactions or local rules may call for notarized authorizations or added formalities.
What if the seller later claims they never agreed?
Retain signed copies and an audit trail showing signer IP, timestamp, and authentication. These records establish intent and attribution and support enforcement under ESIGN/UETA.
Can I change the commission after signing?
Only by written amendment signed by all parties. Verbal changes are unenforceable; a clear signed amendment preserves enforceability and protects against disputes.
How long should I keep executed listing agreements?
Retain for at least 3 years after termination for IRS and evidentiary purposes; longer retention may apply for state or industry rules and for records that include protected health information.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now