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Real Estate REMAX Listing Agreement

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REAL ESTATE REMAX LISTING AGREEMENT

Parties

Broker Firm:

Seller (Owner) Information

Property to Be Listed

Listing Term and Authority

This Agreement is effective as of and shall expire on unless earlier terminated pursuant to this Agreement.

Financial Terms

Seller agrees to pay Broker a commission of of the gross sales price or a flat fee of , payable at closing.

Marketing, MLS & Access

Seller authorizes Broker to place property on the multiple listing service (MLS) and to market the Property by signage, internet exposure, print advertising, broker open houses, and third-party advertising as necessary. Seller authorizes a lockbox to be placed on the Property: Yes

Seller Representations and Disclosures

Seller represents that to Seller's knowledge the following are true (check applicable and provide details where required).

Seller Obligations

Seller agrees to: provide Broker with accurate and complete information regarding the Property; maintain Property in substantially the same condition as of the effective date; provide access for showings and inspections; disclose all material facts known to Seller; and timely execute documents necessary to consummate a sale.

Broker Duties and Authority

Broker shall use reasonable efforts to procure buyers, present all offers to Seller in writing, advise Seller of material facts, and assist in negotiating terms. Broker is authorized to place MLS information, advertise, and cooperate with other brokers. Broker does not guarantee a sale and may employ subagents or cooperating brokers.

Compensation; When Earned

Seller acknowledges that Broker's commission is earned if, during the term of this Agreement or any mutually agreed protection period, (a) Seller accepts an offer; (b) title is transferred to a purchaser introduced by Broker; or (c) Seller transfers property to a buyer introduced by Broker. Commission is due at closing from sale proceeds or as otherwise provided in a purchase agreement.

Expenses, Repairs and Closing Costs

Seller shall be responsible for ordinary costs of sale, including title charges, recording fees, transfer taxes, payoff of liens, and any agreed repairs unless otherwise allocated in the purchase contract. Seller authorizes Broker to incur reasonable marketing expenses not exceeding Seller's stated cap.

Default, Remedies and Indemnification

If Seller breaches this Agreement, Broker may pursue remedies including recovery of commission, damages, and costs. Seller shall indemnify and hold Broker harmless from claims arising from Seller's misrepresentations, undisclosed defects, or failure to perform obligations under this Agreement, except to the extent caused by Broker's willful misconduct.

General Provisions

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

Seller Printed Name:

By:

Date:

Broker / RE/MAX Printed Name:

By:

Date:

Enter text✕

What the Real Estate REMAX Listing Agreement Is

The Real Estate REMAX Listing Agreement is a written contract that establishes the relationship between a property seller and a REMAX broker or agent for marketing and selling residential or commercial property. It defines the listing period, the agent's commission, scope of marketing services, pricing and seller obligations such as disclosures and access for showings. The agreement allocates responsibility for expenses, authorizes brokerage actions like entering listings in MLS, and sets dispute resolution and governing law provisions tailored to the jurisdiction where the property is located.

Why a REMAX Listing Agreement Matters for Sellers and Agents

A clear REMAX Listing Agreement formalizes duties, protects both parties, and reduces disputes by documenting commission, term, marketing responsibilities, and seller disclosures. It creates enforceable expectations and supports timely MLS entry and transaction processing.

Why a REMAX Listing Agreement Matters for Sellers and Agents

Who Typically Signs and Uses This Agreement

Use the agreement whenever you engage a REMAX agent to list property for sale; it sets the legal and operational framework for the listing relationship.

  • Sellers who own or control the property and are authorized to market and convey title
  • REMAX listing agents and supervising brokers responsible for marketing, negotiations, and compliance
  • Transaction coordinators, attorneys, or escrow officers who manage documents and closing logistics

Core Sections to Expect in a REMAX Listing Agreement

A professional REMAX Listing Agreement contains standardized sections that make the listing actionable and legally sound while allowing state-specific customization. Familiarize yourself with these components before signing or preparing the form.

Parties

Identifies seller(s), listing broker, and agent with full legal names and contact details.

Property

Legal description, street address, parcel or tax ID, and included/excluded personal property.

Term

Start and end dates for the listing and any early termination conditions.

Commission

Percentage or flat fee, cooperative brokerage split, and when commission is earned.

Marketing

MLS authorization, signage, photography, open houses, and paid advertising allowances.

Disclosures & Compliance

Seller disclosure obligations, lead-based paint, environmental, and statutory seller notices.

Step-by-Step: How to Complete a REMAX Listing Agreement

Follow these sequential steps to prepare, review, and finalize the listing agreement so the property can be marketed without compliance gaps.

  • 01
    Gather Documents: Collect deed, tax ID, HOA rules, recent mortgage statements, and required disclosures.
  • 02
    Populate Form: Enter parties, property details, listing price, term dates, and commission precisely.
  • 03
    Review Legal Clauses: Confirm dispute resolution, governing law, and cancellation provisions match seller intent.
  • 04
    Obtain Signatures: All sellers sign and date; secure agent and broker signatures and initials where required.

How to Configure an Online REMAX Listing Workflow

When using an electronic workflow, configure fields and authentication to match your brokerage’s compliance and MLS rules.

Field Configuration
Listing Price Field Mandatory numeric field with currency formatting
Signature Field Required for all sellers and broker; enable date stamp
Initials Field Place on each page that requires initialing; make optional only if permitted
Authentication Use email plus SMS code or ID verification for higher-risk transactions

Where to Send or File the Completed Agreement

After execution, route the listing agreement to the parties and repositories that participate in the sale process.

  • Brokerage Office: Provide original or final PDF to the supervising broker for records and MLS onboarding
  • Multiple Listing Service: Agent uploads required details and attachments per local MLS submission rules
  • Escrow / Title: Send a copy to the title company or escrow officer for transaction setup
  • Seller Records: Deliver a fully executed copy to each seller for their files

Digital Signing and eSubmission Considerations

Ensure the platform provides a complete audit trail including timestamps, signer IP, and certificate of completion for enforceability purposes.

  • File Formats: PDF or Word DOCX for editable drafts; final executed copies should be PDF/A where required
  • Integrations: Support for MLS systems, Google Drive, Box, or brokerage CRMs speeds processing
  • Authentication: Email, SMS, or knowledge-based verification improves signer attribution

Key Deadlines and Timing Expectations

Understand statutory and practical deadlines that affect listing validity and transaction timing to avoid missed rights or penalties.

Listing Term Expiration:

Renew or replace before end date to avoid lapses in exclusivity

MLS Entry Timing:

Enter listing promptly per MLS rules, often within 24–72 hours of execution

Escrow Opening:

Open escrow soon after an accepted offer to preserve financing and inspection timelines

Inspection Periods:

Follow contract-specific inspection and contingency deadlines

Closing Date:

Confirm date and coordinate title, payoff, and deed instruments ahead of time

Milestone Timeline From Listing to Closing

A typical listing progresses through discrete milestones; plan tasks and communications around these stages to keep the sale on schedule.

01

Agreement Execution

Listing executed and MLS authorization granted to broker

02

Marketing Launch

Photos, remarks, and open house scheduling completed

03

Offer & Negotiation

Offers received, counteroffers exchanged, and acceptance recorded

04

Closing Preparation

Escrow instructions finalized, title cleared, and closing scheduled

Essential Information to Include on the Listing Agreement

Seller Identity: Full legal name
Property Identifier: Street address and parcel number
Listing Price: Dollar amount
Commission Terms: Percentage or flat fee
Listing Period: Start and end dates
Signatures: Seller and broker signatures

Tips for Accurate and Efficient Completion

Follow these practical practices to reduce rework and ensure the listing is market-ready and legally sound.

Verify Title Names
Confirm seller names against title/deed documents to avoid mismatches that delay closing.
Standardize Dates
Use MM/DD/YYYY throughout to prevent interpretation errors across systems.
Attach Disclosures
Include required statutory disclosures and seller-provided reports at signing.
Keep Records
Retain executed PDFs and audit trails for the full retention period applicable to the jurisdiction.

Common Errors to Avoid When Preparing the Agreement

  • Omitting full legal names or using nicknames that differ from title records
  • Leaving commission terms vague or failing to specify cooperating broker split
  • Failing to attach required property condition disclosures or lead paint forms
  • Incorrect or inconsistent property legal descriptions that do not match public records

Risks and Consequences of an Incorrect Listing Agreement

Disputed Commission: Brokerage may pursue compensation in court or arbitration
MLS Sanctions: Improper disclosure or late entry can lead to fines or removal
Delayed Closing: Name mismatches or missing authorizations can postpone transfer
Regulatory Fines: Consumer protection violations can trigger state sanctions
Contract Voidance: Material defects may render parts unenforceable
Liability Exposure: Seller or agent may face claims for nondisclosure

eSignature Vendor Comparison for Executing Listing Agreements

When choosing an eSignature provider for listing agreements, compare starting price, trial availability, bulk send, audit trail, HIPAA options, and any envelope or usage caps.

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 (Premium tier) Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Examples: How Teams Use a REMAX Listing Agreement

Real usages illustrate practical considerations when preparing and executing the listing agreement.

Brokerage Workflow

A REMAX agent prepares the listing and uploads it to the brokerage portal for supervisor review

  • The broker confirms commission splits and MLS settings
  • Final executed PDF is stored in the brokerage CRM, MLS entry is made within 48 hours, and the seller receives a signed copy for their records.

Remote Seller Signing

A seller traveling abroad signs electronically with multi-factor authentication

  • Agent provides disclosures and MLS consent documents online
  • The executed agreement and audit trail are delivered to title and the brokerage for onboarding and retention.

Frequently Asked Questions About the REMAX Listing Agreement

Answers to common questions about preparing, signing, and storing a REMAX Listing Agreement.


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