Listing Agreement
Defines broker duties, commission, term, termination rights, and exclusivity. This contract establishes the legal relationship between seller and broker.
A complete package reduces listing delays, clarifies broker and seller responsibilities, and establishes the facts necessary for MLS publication and buyer due diligence.
Typical participants involved in assembling and approving a listing package.
Each party has distinct responsibilities; clarity up front avoids disputes and delays.
The listing agent completes the MLS data, explains commission and marketing terms to the seller, ensures required disclosures are attached, and coordinates signatures from all owners. They maintain the official copy of the listing package and communicate changes to cooperating brokers.
The seller provides accurate property details, certifies known material facts, signs the listing agreement and disclosures, and must authorize any price or term changes in writing. Failure to sign or provide complete disclosures can delay listing and create legal exposure.
| Field | Configuration |
|---|---|
| Signer Order | Sequential or parallel signing |
| Authentication | Email link, SMS code, or KBA |
| Reminders | Automated daily or custom schedule |
| Retention | PDF with audit trail stored securely |
Confirm recipients can open attached files on mobile and desktop, and choose an eSignature provider that produces an auditable PDF for records.
Defines broker duties, commission, term, termination rights, and exclusivity. This contract establishes the legal relationship between seller and broker.
State and federal disclosures note known material defects, lead-based paint history, environmental hazards, and other mandated items essential for buyer disclosure and compliance.
Accurate room counts, square footage, legal description, parcel ID, HOA details, and utility information used for MLS entry and buyer due diligence.
Permissions for photography, lockbox placement, sign installation, and online advertising define what marketing the broker may perform.
Surveys, floor plans, inspection reports, and HOA documents included as exhibits to support buyer review and reduce later document requests.
Signed acknowledgement pages and an audit trail (timestamps, IP, signer email) that document consent and execution for legal evidence.
Completed seller disclosure describing known defects, water intrusion history, structural issues, and other material facts required by many states.
Federal requirement for properties built before 1978; seller must provide EPA lead-based paint pamphlet and completed disclosure.
If the property is in a homeowners association, attach bylaws, financials, and resale certificates as applicable to buyer review.
When available, include a recent survey or plat showing boundaries, easements, and improvements to reduce title issues.
Tim's brokerage shifted to online execution to avoid in-person meetings and speed transactions.
A small firm standardized listing packets and signatures across agents.