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Real Estate Key Realty Listing Agreement

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Real Estate Key Realty Listing Agreement

This Listing Agreement (the Agreement) is made effective as of by and between the undersigned Seller(s) (Client Name: ) and Key Realty (Broker Name: ).

1. Property Identification

2. Exclusive Right to Sell

Seller grants Broker the exclusive right to sell the Property for the Term specified below. During the Term, Seller will not list, show, or negotiate the sale of the Property through any other broker without prior written termination of this Agreement.

3. Price and Terms

The Property will be offered for sale at the listing price of or at such other price as Seller and Broker may agree in writing. Proposed sale terms (including seller financing, allowances, personal property included, and other material terms) are:

4. Broker Compensation

Seller agrees to pay Broker as commission:

Compensation to cooperating brokers: . Commission is earned upon closing and payment is due at closing from sale proceeds unless otherwise agreed in writing.

5. Broker Duties and Authority

Broker will use reasonable efforts to market the Property, which may include inclusion in applicable listing services, advertising, signage on Property, showings, negotiations, and preparation of customary sales documents. Broker is authorized to: (a) place a For Sale sign on the Property; (b) list the Property in the multiple listing service; (c) cooperate with other brokers; and (d) accept offers and present all offers to Seller promptly. Broker shall not accept any earnest money on behalf of Seller unless agreed in writing.

6. Seller Representations and Disclosures

Seller represents and warrants that Seller has good and marketable title to the Property, has authority to enter into this Agreement, and will provide all required disclosures to prospective buyers. Seller affirms the following (check one for each):

Lead-Based Paint Disclosure: Yes No

Known Material Defects (including mold, structural, pest): Yes No

7. Seller Obligations and Access

Seller will maintain the Property in showing condition, allow reasonable access for showings and inspections, disclose known material facts to Broker, and refer all inquiries to Broker. Seller will promptly notify Broker of any offers or contacts regarding sale of the Property.

Lockbox consent: Yes No

8. Dual Agency and Conflict of Interest

Broker may represent both seller and buyer in the same transaction only with the informed consent of all parties. Seller acknowledges receipt of disclosure regarding potential dual agency and (choose one):

Seller consents to potential dual agency when required.

9. Termination, Default, and Remedies

This Agreement may be terminated by mutual written consent, by expiration of the Term, or by material breach. If Seller breaches this Agreement, Broker shall be entitled to recover its commission if, during the Term or any applicable protection period after expiration, Broker or cooperating broker procures a ready, willing and able buyer or otherwise effects a sale on terms acceptable to Seller. Remedies are cumulative and include recovery of reasonable attorneys' fees and costs where permitted by law.

10. Indemnification and Limitation of Liability

Seller will indemnify and hold Broker harmless from claims arising out of Seller's misrepresentations, failure to disclose material facts, or breaches of this Agreement. Broker's liability for any claim related to this Agreement shall be limited to actual direct damages and shall exclude consequential, incidental, or punitive damages to the extent permitted by law.

11. Notices

12. Additional Provisions

13. Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, including any attached addenda, constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings with respect to the Property.

14. Acknowledgment

Seller acknowledges receipt of a copy of this Agreement and understands the terms, duties, and compensation provisions herein. Seller certifies that the information provided by Seller in this Agreement is true, complete, and accurate to the best of Seller's knowledge.

Seller Printed Name:

By:

Date:

Broker Printed Name:

By:

Date:

Enter text✕

What the Real Estate Key Realty Listing Agreement Covers

The Real Estate Key Realty Listing Agreement is a written contract between a property owner (seller) and a real estate brokerage that authorizes the broker to market, show, and negotiate the sale or lease of specified property. It defines the listing period, commission or fee structure, exclusive or non-exclusive representation terms, permitted marketing activities, and seller obligations such as disclosures and access for showings. The agreement also sets the broker’s authority to present offers and to accept deposit funds into escrow when authorized, and it often specifies dispute resolution and governing law.

Why this Listing Agreement Matters for Sellers and Brokers

A clear listing agreement reduces disputes by documenting scope of services, commission terms, and listing duration; it also clarifies marketing and showing permissions between parties. Legally, properly executed agreements create enforceable broker compensation rights and set expectations for disclosures and timelines under state real estate law.

Why this Listing Agreement Matters for Sellers and Brokers

Who typically completes the Real Estate Key Realty Listing Agreement

Brokers, listing agents, and property sellers most commonly prepare and sign the agreement; teams use it at the start of the listing relationship.

  • Listing Broker or Agent — Completes terms, commission, and marketing permissions; ensures compliance with brokerage policies and state regulations.
  • Property Owner / Seller — Provides property details, disclosures, signature, and grants broker authority to market and present offers.
  • Transaction Coordinator or Broker Admin — Uploads attachments, confirms dates, collects signatures, and stores executed documents for recordkeeping.

Firms often route the completed agreement through their CRM and secure storage system to preserve audit trails and to meet retention requirements.

Step-by-step: completing the listing agreement

Use this sequence when preparing the agreement to ensure accuracy and a valid execution for both digital and paper workflows.

  • 01
    Gather documents: Collect title, past disclosures, and property survey where available.
  • 02
    Enter key data: Fill owner names, address, price, and listing term.
  • 03
    Define commission: Specify rate, payment timing, and cooperating broker terms.
  • 04
    Execute signatures: Obtain seller and broker signatures with dates.

Typical routing and execution flow for the agreement

This sequence outlines how a listing agreement moves from draft to executed record and distribution.

  • Prepare draft: Broker fills form and attaches disclosures.
  • Review with seller: Discuss terms, answer questions, and revise as needed.
  • Sign electronically: Use an eSignature platform or sign in person.
  • Store and distribute: Save executed copy and share to involved parties.

Configuring a digital workflow for listing execution

Suggested field and routing settings to use when automating the listing agreement signing process.

Field Configuration
Signer Order Sequential: Broker then Seller
Authentication Email link plus SMS code for seller
Attachments Attach disclosures and property addenda
Retention Save final PDF and audit trail to CRM

Platform and file requirements for eSubmission

Ensure the eSignature platform supports required file types and authentication methods before sending the listing agreement.

  • File types: PDF and DOCX accepted
  • Authentication: Email, SMS, or KBA available
  • Integrations: CRM and cloud storage supported

Verify the platform produces an audit trail and stores signed copies with tamper-evident seals for compliance and recordkeeping.

Essential clauses to include in a professional listing agreement

Well-drafted agreements reduce risk and speed transactions by clarifying roles, remedies, and operational details for marketing and offers.

Exclusive Rights

Specifies whether the broker has exclusive authority to market and earn commission during the listing term; include start and end dates and exceptions.

Commission Details

Defines percentage or flat fee, whether earned upon contract ratification, and how cooperating brokers are compensated.

Marketing Authorization

Lists permitted marketing channels, signage placement, online listing permissions, and any seller restrictions or opt-outs.

Seller Obligations

Requires accurate disclosures, access for showings, and timely response to offers; also notes inspection and repair processes where applicable.

Termination Rights

Explains early termination conditions, notice periods, and any post-termination commission protections (tail period).

Dispute Resolution

Specifies governing law, jurisdiction, and whether mediation or arbitration is required before litigation.

Security and compliance items to track

Encryption: TLS and AES
Audit Trail: IP, timestamp
Access Controls: Role-based
BAA Availability: When HIPAA applies
Document Integrity: Tamper-evident
SSO Support: SAML/SCIM available

Common legal and financial risks from errors

Unclear Term: Commission disputes
Incorrect Names: Title issues
Missing Disclosures: Regulatory penalties
Improper Signature: Enforceability risk
Expired Listing: Commission claims
Poor Recordkeeping: Audit failures

Frequent preparation errors to avoid

  • Using informal or abbreviated owner names that differ from title can delay closings and require amendment.
  • Failing to specify the exact listing period or ambiguous renewal language often creates disputes over broker entitlement.
  • Omitting digital consent language when eSigning consumer-facing records can raise enforceability questions under ESIGN.
  • Not attaching required state property condition disclosures leads to statutory remedies and potential buyer rescission rights.

eSignature vendor comparison for signing listing agreements

Comparison of starting price, trial availability, bulk send, audit trail, HIPAA support, and envelope caps across major eSignature vendors with signNow listed first as the initial column.

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
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Key timing items to include and monitor

Track these critical dates within the listing agreement to avoid missed obligations and to preserve broker commission rights.

Listing Term Start and End:

Enter clear MM/DD/YYYY start and expiration dates to define exclusivity.

Offer Presentation Window:

Specify how long offers remain open for acceptance (commonly 24–72 hours).

Earnest Money Deadline:

State timeframe for buyer deposit into escrow after contract ratification (commonly 3 business days).

Closing Date:

Record anticipated closing date and any extension conditions.

Document Delivery:

Set deadlines for required disclosures and seller-provided documents.

Real-world examples from brokerage customers

These short examples show how firms used digital workflows and listing agreements to improve execution and recordkeeping.

Martin Properties (Tim Martin)

Tim Martin emphasized mobile and offline execution to keep deals moving.

  • The interface enabled remote completions.
  • 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.

Xerox (Kodi-Marie Evans)

Xerox integrated eSign into NetSuite to align signatures with records.

  • Integration improved accuracy and routing.
  • airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite.

Frequently asked questions about listing agreements

Answers to common execution, validity, and workflow questions when preparing or signing a Real Estate Key Realty Listing Agreement.


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