Is an e-signature legally binding?

Yes. Electronic signatures are legally enforceable under the federal ESIGN Act and state UETA statutes when the transaction meets intent, consent, attribution, and retention requirements.

When must seller disclosures be provided?

Provide state-required disclosures at the time specified by state law or by the buyer contract; commonly they must be delivered before or at contract signing to avoid rescission risk.

Do listing agreements require notarization?

Most listing agreements do not require notarization, but state-specific real estate instruments and deeds may; verify local requirements for related documents.

Who must sign if an owner is unavailable?

Only an authorized signer may bind the owner; a valid power of attorney or corporate resolution must be attached to show signing authority when the owner cannot sign personally.

Can I revoke a listing once signed?

Revocation depends on contract terms and state law; some agreements include early termination clauses and cure periods, while others may entitle brokers to commission if termination breaches the contract.

How should executed documents be stored?

Store executed PDFs and the audit trail in the broker's secure document management system, retain according to federal and state retention rules, and ensure access controls for confidential information.

Electronic Signature
Templates
Real estate
Residential Listing Agreement with Disclosures

Residential Listing Agreement with Disclosures

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

RESIDENTIAL LISTING AGREEMENT WITH DISCLOSURES

This Residential Listing Agreement (the "Agreement") is entered into between Listing Broker/Agent and Seller(s) on the date set forth below. Parties agree that Broker is authorized to act as Seller's exclusive agent under the terms and conditions herein.

PARTIES

Listing Broker / Brokerage Listing Agent (if applicable) Broker License Number / Office Contact Seller (Owner) - Primary Seller (Owner) - Additional Seller Contact (phone / email)

PROPERTY IDENTIFICATION

Property Address Parcel / APN Number Legal Description

LISTING TERMS

Listing Type (select applicable): Exclusive Right to Sell Exclusive Agency Open Listing

Listing Price

Commission to Broker: % or Flat Fee $

Commission Payable Upon: Closing of a sale Procuring a ready, willing and able buyer Other (describe)

Term of Agreement: This Agreement commences on and expires at 11:59 PM on unless sooner terminated as provided herein.

Seller grants Broker the authority to list the Property in multiple listing services, advertise, place "For Sale" signage, display marketing materials, hold open houses, and place lockbox keys as authorized below.

Marketing Authorizations: MLS For Sale Sign Professional Photography / Virtual Tour Lockbox Authorized

Seller agrees to provide access for reasonable showings and to disclose known information material to value or habitability of the Property.

DISCLOSURES

Lead-Based Paint (if property built prior to 1978): Yes No

If Yes, provide details

Mold / Water Intrusion: Yes No

If Yes, provide details

Prior Material Damage or Repair (fire, structural, termite, foundation, flood, etc.): Yes No

If Yes, provide details

Flood Zone: Yes No

If Yes, provide insurance / elevation information

SELLER REPRESENTATIONS; SELLER DUTIES

Seller represents and warrants that Seller is the lawful owner of the Property, has full authority to execute this Agreement, and that the information provided in the Disclosures is complete and true to the best of Seller’s knowledge. Seller shall promptly notify Broker of any material change in the condition or legal status of the Property.

Seller agrees to cooperate with Broker in marketing the Property, to make Property available for reasonable showings, and to refer any inquiries regarding the Property to Broker. Seller authorizes Broker to accept offers and to present such offers to Seller in a timely manner.

BROKER AUTHORITY; DUTIES

Broker shall use reasonable efforts to market the Property and to procure buyers. Broker shall comply with applicable licensing laws and shall present all offers to Seller. Broker does not warrant or guarantee the solvency or performance of prospective buyers.

EXPENSES; ADVERTISING

Advertising and marketing expenses shall be paid by: Broker Seller Shared (describe)

DEFAULT; REMEDIES

If Seller breaches this Agreement, Broker's remedy shall include recovery of earned commission and reasonable costs and expenses incurred in enforcing Broker’s rights, subject to applicable law. If Broker materially breaches this Agreement, Seller's remedies shall be limited to actual damages and such other relief as the law permits.

NOTICES

Designated Notice Email for Broker Designated Notice Email for Seller

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations and understandings, whether written or oral.

MANDATORY SELLER CERTIFICATION

By signing below Seller certifies under penalty of perjury that the statements in this Agreement and the attached Disclosures are true and correct to the best of Seller's knowledge, and Seller acknowledges receipt of a copy of this Agreement.

ADDITIONAL TERMS / SPECIAL PROVISIONS

Special Provisions

Seller:

By:

Date:

Listing Broker / Agent:

By:

Date:

What the Residential Listing Agreement with Disclosures Is

A Residential Listing Agreement with Disclosures is a contract between a property owner and a broker that grants the broker authority to market, show, and sell a residential property while requiring the seller to provide specific disclosures about property condition, legal issues, and material facts. The form documents listing price, commission structure, listing term, and permitted marketing actions, and it attaches seller disclosure statements required by state law. Proper execution creates enforceable obligations among the parties and supports MLS submission, buyer negotiations, and closing workflows.

Why this Agreement Matters for Sellers and Brokers

The agreement defines duties, commission, and listing term, and the disclosures reduce post-closing liability by documenting known defects and material facts. Clear terms speed marketing approvals and support enforceability under ESIGN and UETA when signed electronically.

Who typically completes and signs this form

Real estate brokers, listing agents, and residential property owners most commonly prepare and sign this agreement before marketing a property.

Listing broker or agent prepares the agreement, explains disclosures, and obtains seller signatures for MLS and marketing.
Property owner(s) or authorized signers review disclosures, confirm accuracy, and sign to grant listing authority.
Buyers rarely sign this agreement; cooperating brokers and buyer agents rely on its terms indirectly for commission and compensation.

Parties should verify signatory authority and disclosure completeness before listing to avoid disputes and ensure timely MLS submission.

Core sections you will find in a professional listing agreement

A complete Residential Listing Agreement with Disclosures organizes commercial terms, property facts, disclosure attachments, signatures, and broker obligations so all parties understand obligations and timelines.

Listing Terms

Effective date, listing expiration, exclusive or non-exclusive listing type, and price instructions that establish the timebound authority to market the property and termination conditions.

Commission

Broker compensation structure, split with cooperating brokers, conditions for earning commission, and remedies if buyer is procured during or shortly after the listing term.

Marketing Scope

Permitted marketing channels, MLS authorization, lockbox and showing instructions, photo/video consent, and any limitations on open houses or signage.

Seller Disclosures

State-required property condition statements, lead-based paint disclosures for qualifying properties, material defects, environmental hazards, and attached addenda listing known issues.

Broker Duties

Broker obligations to present offers promptly, maintain confidentiality, maintain records, and comply with licensing and fair housing requirements.

Signatures and Dates

Signature blocks for all sellers and the broker, space for initialing addenda, and a clause about electronic signatures and record retention.

Step-by-step: completing the listing and disclosure package

Follow these steps in order to prepare, review, and execute the listing agreement and disclosures for a residential property.

01

Prepare Document: Fill in property details, price, and term; attach required disclosure forms.
02

Review with Seller: Walk the seller through disclosures and marketing scope; correct any inaccuracies.
03

Signatures: Obtain signatures from all sellers and the broker; include dates and initials on addenda.
04

Distribute Copies: Provide executed copies to seller, broker files, and list on MLS per broker procedures.

Configuring an online workflow for the listing and disclosures

Set up a digital workflow so forms route, signers authenticate, and executed records are retained securely.

Field	Configuration
Signer Order	Sequential signing: seller(s) then broker
Authentication	Email plus SMS code for seller identity
Attachments	Require disclosure PDFs before allowing signature
Retention	Auto-store executed PDF and audit trail

Where executed agreements typically go next

After signing, the document follows a short set of routing steps to support listing, compliance, and closing readiness.

Broker Files: Electronic copy stored in broker transaction management system
Seller Copy: Seller receives an executed PDF and audit certificate
MLS Submission: Listing data and disclosure attachments uploaded to MLS per rules
Transaction Folder: Document retained in closing folder until transaction completion

Digital signing and platform prerequisites

Confirm the chosen eSignature provider supports secure PDFs, audit trails, and required authentication methods before eSigning.

File Formats: PDF and DOCX support for attachments and final executed copies
Auth Methods: Email, SMS, and optional knowledge-based authentication
Integrations: Connector availability with MLS, CRM, or document management

Ensure the platform can produce a tamper-evident executed PDF and retain an audit trail that documents signer identity, timestamps, IP addresses, and any consumer disclosures.

Key timing considerations when listing a property

Be mindful of timing elements that affect exposure, MLS deadlines, and disclosure obligations throughout the listing lifecycle.

Listing Effective Date:

Determines when broker authority begins and marketing may start.

Listing Expiration:

Listing term end date — commission protections may apply after expiration.

Disclosure Delivery:

Provide required disclosures at or before buyer contract signing per state rules.

MLS Input Deadlines:

MLS systems may require complete data and attachments before the listing goes live.

Post-Listing Notices:

Update listing if material facts change; timeliness reduces disclosure disputes.

Common mistakes to avoid when preparing the listing and disclosures

Incomplete seller names or mismatched ownership records that later require corrected affidavits and delay closing.
Failing to attach or initial state-required disclosure addenda, which can lead to rescission rights or liability claims.
Using vague language for condition statements like "in good condition" instead of specifying known defects or repair history.
Relying on verbal confirmations for material facts instead of documenting them in the written disclosures and addenda.

Penalties and legal risks of inaccurate or missing disclosures

Civil Liability: Damages and rescission

Regulatory Fines: State licensing penalties

Commission Disputes: Breach claims against broker

Contract Delays: Closing postponements

Buyer Remedies: Compensatory or statutory relief

Reputational Harm: Loss of client trust

Typical eSignature vendor pricing and capability snapshot for listing document workflows

Compare starting prices and core capabilities for common eSignature platforms used to execute listing agreements and disclosures; signNow is listed first per vendor comparison convention.

	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, no credit card	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 envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about the listing agreement and disclosures

Answers to common questions about signatures, disclosures, notarization, and post-execution handling for Residential Listing Agreements with Disclosures.

Need help? Contact support

Is an e-signature legally binding?
Yes. Electronic signatures are legally enforceable under the federal ESIGN Act and state UETA statutes when the transaction meets intent, consent, attribution, and retention requirements.
When must seller disclosures be provided?
Provide state-required disclosures at the time specified by state law or by the buyer contract; commonly they must be delivered before or at contract signing to avoid rescission risk.
Do listing agreements require notarization?
Most listing agreements do not require notarization, but state-specific real estate instruments and deeds may; verify local requirements for related documents.
Who must sign if an owner is unavailable?
Only an authorized signer may bind the owner; a valid power of attorney or corporate resolution must be attached to show signing authority when the owner cannot sign personally.
Can I revoke a listing once signed?
Revocation depends on contract terms and state law; some agreements include early termination clauses and cure periods, while others may entitle brokers to commission if termination breaches the contract.
How should executed documents be stored?
Store executed PDFs and the audit trail in the broker's secure document management system, retain according to federal and state retention rules, and ensure access controls for confidential information.

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