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Real Estate Conjunctional Listing

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REAL ESTATE CONJUNCTIONAL LISTING

Parties and Effective Date

This Conjunctional Listing Agreement is entered into between Seller: and Listing Broker/Brokerage: Effective Date:

Property Identification

Listing Terms and Pricing

Listing Type:

Listing Term Start:    End:

Cooperative Broker Compensation:    Commission split among listing brokers (if conjunctional):

Commission is earned and payable at closing on buyer acquisition of title or on execution of an enforceable contract for sale procured by the Broker, whichever first occurs. If sale is to related party or affiliate, commission is payable unless Seller procures purchaser without Broker's procurement. Commission shall be paid from seller proceeds in the closing statement.

Marketing, MLS and Cooperation

Broker is authorized to advertise the Property, place signs, list on MLS and cooperate with other brokers. Seller authorizes entry of the Listing into the regional multiple listing service: MLS Name:

Lockbox/Key Authorization:    Showing instructions / restrictions:

Seller Representations and Disclosures

Seller represents that the Seller is the lawful owner and has authority to list and sell the Property, that there are no undisclosed leases or agreements affecting marketable title except as disclosed below, and Seller will deliver accurate statutory disclosures as required by law.

Lead-based Paint (if applicable):

Known Mold or Fungal Conditions:

Prior Structural or Water Damage:

Contingencies, Inspections, and Access

Inspection Period (if any):    Financing Contingency (days):

Seller agrees to permit Broker and cooperating licensees reasonable access to show the Property, subject to agreed showing instructions. Seller will disclose material defects of which Seller has actual knowledge.

Agency, Dual Agency and Conflicts

Broker represents Seller as Listing Broker. Broker may cooperate with other brokers. If Broker or cooperating brokers have a potential or actual conflict, Broker shall disclose such conflict in writing. Dual agency (where Broker or an affiliated licensee represents both buyer and seller) requires Seller's informed consent:

Default, Remedies and Indemnification

If Seller breaches this Agreement after a ready, willing and able buyer procured by Broker, Seller shall be liable for the commission agreed herein and any reasonable costs incurred by Broker in the enforcement of this Agreement. Broker may seek specific performance, damages, and recovery of legal fees where permitted by law.

Seller agrees to indemnify, defend and hold Broker harmless from claims, losses or liabilities arising from Seller's misrepresentation or failure to disclose material facts, except to the extent caused by Broker's gross negligence or willful misconduct.

Termination and Survival

This Agreement terminates on the listing term end date unless earlier terminated in writing by mutual agreement. Seller's obligations to pay commission for transactions procured during the term or within a protection period set forth below survive termination.

Governing Law and Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This document constitutes the entire agreement between the parties relating to the listing of the Property and supersedes any prior oral or written agreements. Amendments must be in writing and signed by both parties.

Additional Terms

Acknowledgment

By signing below, Seller certifies that Seller has read and understands this Conjunctional Listing Agreement and authorizes Broker to act on the Seller's behalf under the terms set forth herein.

Seller / Owner:

By:

Date:

Listing Broker / Brokerage:

By:

Date:

Enter text✕

What the Real Estate Conjunctional Listing Is and When It Applies

A Real Estate Conjunctional Listing is a contractual listing agreement used when multiple parties, agents, or brokerage relationships overlap or run concurrently for the same property. It records the scope of authority, commission splits, listing duration, property description, and any exclusive or nonexclusive terms. The form clarifies who may market the property, accept offers, and receive compensation, and it reduces later disputes by documenting responsibilities and timelines at the outset of a listing relationship.

Why a Conjunctional Listing Matters for Transactions

A properly completed conjunctional listing prevents conflicting claims, clarifies commission allocation, and sets clear marketing and offer-handling rules between cooperating agents or brokerages. It also creates a contemporaneous record useful for dispute resolution and compliance with state real estate regulations.

Why a Conjunctional Listing Matters for Transactions

Who Typically Completes a Conjunctional Listing

Several roles commonly prepare or sign this form depending on the transaction structure and parties involved.

  • Listing brokerages and cooperating brokerages — to define duties, commission splits, and exclusive or shared marketing rights.
  • Property owners and sellers — to approve the terms, effective dates, and compensation arrangements that bind them.
  • Transaction coordinators or closing agents — to ensure the document is filed, distributed, and integrated with offer and closing paperwork.

Clear role assignment at signing reduces later disputes and simplifies closing steps for buyers, sellers, and agents.

Primary Signers and Their Roles

Listing Broker

Typically a licensed broker or brokerage firm authorized by the seller to conduct marketing, present offers, and negotiate on the seller’s behalf. The broker’s duties, exclusivity, and commission percentage should be stated clearly to avoid ambiguity in cooperative arrangements.

Property Owner

The seller or legal owner who grants listing authority and accepts commission terms. The owner must sign to manifest consent and should confirm the legal name used matches title and tax records to avoid recording or tax reporting issues.

Essential Data Fields to Include

Property Address: Full street address
Legal Description: As on deed
Seller Name: Legal owner(s)
Listing Dates: Start and end
Commission Terms: Split and fee
Broker Information: License and contact

Step-by-Step: Completing the Conjunctional Listing

Follow these sequential steps to fill, verify, and finalize a conjunctional listing so it accurately reflects parties, terms, and timelines.

  • 01
    Prepare Document: Use the correct form version and property legal description.
  • 02
    Enter Parties: Record full legal names for owners and brokerages.
  • 03
    Specify Terms: Detail commission, exclusivity, and marketing responsibilities.
  • 04
    Sign and Date: All required parties sign and add signature dates.

How to Customize and Complete the Form Online

When working online, configure fields, signer order, and authentication settings before sending to preserve legal validity and streamline execution.

Field Configuration
Signer Order Set owner first, then broker, then cooperating broker
Required Fields Make address, legal description, commission, and signature mandatory
Authentication Use email plus SMS code for higher assurance
Document Audit Enable audit trail and download certificate

Where to File or Send the Completed Listing

After execution, route copies to the relevant parties, retain a signed original, and confirm any recording or MLS submission requirements.

  • Seller: Provide signed copy for owner records
  • Listing Brokerage: Retain original for brokerage file
  • Cooperating Brokerage: Send copy showing commission split
  • MLS / County Office: Submit disclosures as required by local rules

Distribution and Digital Submission Options

Conjunctional listings can be shared by secure email, MLS upload, courier, or eSubmission platforms with eSignature support.

  • Email Delivery: Secure PDF with audit trail
  • MLS Upload: Follow local MLS formatting rules
  • eSignature Platforms: Support audit trail and storage

Choose a method that preserves the signed record, includes an auditable trail, and satisfies state real estate association requirements.

Typical Timelines and Deadlines to Track

Identify critical dates in the listing to avoid missed marketing windows, contingency expirations, or commission disputes.

Effective Date:

Date listing authority begins and governs obligations

Marketing Window:

Period seller allows active promotion

Offer Response:

Deadlines for presenting or accepting offers

Contingency Periods:

Inspection or financing contingency end dates

Termination Date:

Listing expiry or automatic renewal terms

Common Preparation Errors to Avoid

  • Using informal or abbreviated owner names that differ from title records, which can cause recording or closing delays and complicate tax reporting.
  • Failing to specify commission split percentages or conditions for payment when multiple brokerages collaborate, producing later commission disputes.
  • Omitting the legal property description and relying only on street address, which can create ambiguity in multi-parcel or newly developed properties.
  • Not documenting who is authorized to accept offers or negotiate contingencies, which can result in unauthorized acceptances and potential liability.

Consequences of an Incorrect or Incomplete Listing

Commission Disputes: Civil claims
Recording Delays: Transfer timing issues
Tax Reporting: Incorrect 1099/TIN exposure
Regulatory Fines: State RE sanctions
Contract Voidance: Enforceability challenges
Reputational Harm: Business impact

Key Elements Every Professional Conjunctional Listing Should Include

A complete listing balances clarity for owners and agents with enforceable terms; these six elements reduce ambiguity and enable smooth cooperation.

Authority

A clear statement of the broker’s authority to market, show, and negotiate for the property and whether the listing is exclusive, shared, or open.

Compensation

Exact commission rates, triggers for payment, and the method for splitting fees among cooperating brokers and referral partners.

Term

Start and end dates, renewal mechanics if any, and procedures for early termination or extension agreed by parties.

Marketing Scope

Permitted advertising channels, signage rules, lockbox and showing access, and any seller restrictions on marketing activity.

Offer Handling

Who receives offers, how and when offers must be presented to the seller, and delegation of negotiation authority.

Dispute Resolution

Choice-of-law and venue, mediation or arbitration clauses, and steps to resolve commission or performance disputes.

Real-World Examples and Customer Experiences

These short examples show how practitioners use conjunctional listings and digital workflows to reduce friction and maintain compliance.

Martin Properties — Tim Martin

Our brokerage moved to online listing agreements to streamline closings and improve compliance with MLS rules.

  • The platform supported mobile and offline signing for showings.
  • As a result, we processed offers faster, kept full audit trails, and reduced in-person meetings without losing document security.

Optica Ventures — Brian Fitzgibbons

A simpler interface reduced turnaround time for collaborative listings among co-brokers.

  • Customers signed from email links across devices.
  • The team reported fewer follow-ups and clearer commission allocations when cooperating agents had the signed conjunctional listing on file.

Practical Tips for Accurate and Efficient Completion

Apply these best practices to reduce errors, speed execution, and preserve enforceability for conjunctional listings.

Use Exact Legal Names
Always match owner and brokerage names to title and license records to avoid recording rejection, tax mismatches, or disputes during closing.
Lock Required Fields
Make the legal description, effective date, commission split, and signature blocks mandatory in digital forms to reduce incomplete submissions.
Document Versioning
Keep a single signed master file and record any amendments with dated signatures; avoid multiple unsigned drafts circulating simultaneously.
Preserve Audit Trails
Use platforms that capture signer identity, timestamps, IP addresses, and a certificate of completion to support enforceability and dispute resolution.

Key Milestones from Listing to Closing

Track these numbered milestones to manage marketing, offers, contingencies, and commission triggers during a listing lifecycle.

01

Listing Execution

Document signed and effective; marketing may begin immediately

02

Active Marketing

Offers solicited and shown according to MLS and seller rules

03

Offer & Negotiation

Offers received, presented, and either accepted, countered, or rejected

04

Closing and Payment

Sale closed, commission disbursed as stated in the agreement

eSignature Vendor Pricing and Feature Snapshot

A concise vendor comparison focusing on starting price and critical features for completing conjunctional listings digitally; signNow is listed first in the table.

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 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

Frequently Asked Questions About Conjunctional Listings

Answers to common execution, legal validity, and filing questions to help agents and owners avoid delays or enforceability issues.


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