Establishing secure connection…Loading editor…Preparing document…

Exclusive Agency Agreement

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

EXCLUSIVE AGENCY AGREEMENT

This agreement is entered into by and between , hereinafter referred to as "Company", and hereinafter referred to as "Agent".

For and in consideration of the mutual promises contained herein, the Company and Agent do hereby covenant, contract and agree as follows:

1. AGENCY: Subject to the terms of this agreement, Company does hereby appoint Agent as its exclusive agent for the following purposes:

(a)

(b)

2. RELATIONSHIP: Company and Agent agree that agent is an independent contractor and shall pay his or her own employment, income and other taxes as well as all insurance.

3. DUTIES: Agent shall perform the following duties in reference to this agreement:

(a)

(b) Use his or her best efforts and abilities to

Agent shall represent, advise and assist Company in the

Agent shall not be authorized to bind Company to any agreements until Agent obtains the written consent to same by of the Company.

4. COMPENSATION: Company shall pay unto Agent for his or her services the following:

(a)

(b)

5. EXPENSES: As part of the compensation to Agent, Company shall also be reimbursed for the following expenses:

(a)

6. EXCLUSIONS: Excluded from this agreement are all existing advertising agreements in place at the time of the execution of this agreement.

7. TERM: This agreement shall extend for a period of from the date hereof.

8. RENEWAL: This agreement shall be automatically renewed in increments unless either party gives days written notice to the other prior to the expiration of any contract period of their intent not to renew.

9. MODIFICATION: This agreement may not be modified except by amendment reduced to writing and signed by both Company and Agent. No waiver of this agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

10. NOTICES: All notices hereunder shall be effective if sent by certified mail, postage prepaid, return receipt request to at or to at

11. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties hereto and replaces and supercedes all prior agreements between the parties relating to this same subject matter.

12. GOVERNING LAW: This agreement shall be construed in accordance with the laws of the State of

13. PARTIAL INVALIDITY: In the event any provision hereof shall be for any reason illegal or unenforceable, the same shall not effect the validity or enforceability of the remaining provisions.

14. ATTORNEY FEES: In the event that the agreements become subject to litigation between the parties hereto, the parties agree that the prevailing party shall be entitled to an award of attorney's fees, costs and the prevailing statutory interest from the other party.

15. INDEPENDENT COUNSEL: The parties hereto further represent that they have had the opportunity to obtain independent legal counsel before entering this agreement.

16. FURTHER DOCUMENT: The parties further agree that if any other provisions or agreements are necessary to enforce the intent of this document, that both parties will execute same upon request.

This agreement entered into this the day of , 20

Company

(Signature)

Agent

(Signature)

STATE OF

COUNTY OF

PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned.

GIVEN under my hand and official seal of office on this the day of 20

NOTARY PUBLIC

(Signature)

My Commission Expires:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What an Exclusive Agency Agreement Is

An Exclusive Agency Agreement is a written contract between a property owner and a broker or agent that grants the agent the exclusive right to market the property for a defined period while allowing the owner to sell the property independently without paying the agent if the owner finds a buyer. The agreement sets the listing period, commission terms, permitted marketing activities, and obligations of both parties, and it establishes when the agent earns the commission and how disputes will be handled.

Why use an Exclusive Agency Agreement

An Exclusive Agency Agreement provides clear allocation of marketing responsibility and commission entitlement while preserving the owner’s option to sell directly; it reduces competing listings and clarifies obligations to minimize disputes.

Why use an Exclusive Agency Agreement

Core elements to include in a professional agreement

A complete Exclusive Agency Agreement organizes obligations, compensation, term, termination, and dispute procedures so both parties understand rights and liabilities throughout the listing lifecycle.

Parties

Full legal names and capacities of owner(s) and brokerage entity; include license numbers where required.

Property Details

Complete street address, legal description or parcel number, and fixtures included or excluded from the sale.

Listing Term

Defined start and end dates, and automatic renewal provisions if any.

Commission

Percentage or flat fee, payable events, split details with cooperating brokers, and conditions for payment.

Exclusivity Scope

Whether exclusivity covers territorial limits,MLS participation, and third‑party marketing channels.

Termination & Remedies

Notice requirements, cure periods, post‑term protection, and dispute resolution mechanisms.

Step-by-step: filling out an Exclusive Agency Agreement

Follow these steps in order to complete the agreement accurately and reduce post‑execution disputes.

  • 01
    Prepare document: Use an up‑to‑date template matching state law.
  • 02
    Complete core fields: Enter names, property, term, and commission.
  • 03
    Review attachments: Add MLS rules, disclosure forms, and exhibits.
  • 04
    Sign and deliver: Sign in all required fields and distribute executed copies.

Customizing the agreement for online completion

Configure the digital workflow so required fields, signer order, and authentication match your transaction security needs.

Field Configuration
Required Fields Mark names, dates, commission, and signature blocks as mandatory.
Signer Order Set owner then broker to ensure correct attribution.
Authentication Choose email, SMS code, or stronger ID proofing for riskier deals.
Attachments Include property disclosures, MLS addenda, and exhibits as locked files.

Where to send or file the executed agreement

After signing, route the fully executed agreement to all parties and retain a certified copy for brokerage records and closing.

  • Owner copy: Deliver an executed PDF or paper copy to the seller.
  • Broker file: Store signed copy in brokerage records and CRM.
  • MLS upload: If listing on MLS, upload the executed agreement per MLS rules.
  • Closing agent: Provide agreement to the title or closing agent as needed.

Digital signing and technical requirements

Ensure the eSignature platform supports required authentication, audit trails, and document formats before eSigning an Exclusive Agency Agreement.

  • File formats: PDF, DOCX, and HTML supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: TLS 1.2/1.3; AES-256 at rest

Typical timelines and notice periods to track

Exclusive Agency Agreements contain several time‑sensitive provisions; track listing term, notice periods, and post‑term protection carefully.

Listing start and end:

Begin and end dates govern exclusivity and marketing authority.

Notice to terminate:

Contract may require X days' written notice; follow the stated procedure.

Protection period:

Post‑term protection window for procuring buyers, if included.

Offer response time:

Specify how long seller has to accept an offer once presented.

MLS posting deadlines:

Comply with MLS timing rules after agreement execution.

Key milestones from listing to closing

Track these sequential stages to ensure obligations and deadlines are met throughout the transaction lifecycle.

01

Execution

Parties sign the agreement and listing goes live.

02

Marketing

Broker conducts shows, advertising, and MLS distribution.

03

Offer and acceptance

Offers are presented; acceptance triggers contract obligations.

04

Closing

Sale finalizes and commission becomes payable per agreement.

Common preparation mistakes to avoid

  • Leaving commission terms vague, which leads to disputes over splits and payable conditions.
  • Failing to specify the exact listing term and renewal method, creating ambiguity about agent authority.
  • Omitting MLS or cooperative broker obligations, which can block compensation from cooperating brokers.
  • Using initials or unsigned amendments that are not identified as binding in the contract text.

Risks and potential consequences of errors

Commission disputes: May result in arbitration or litigation
Breach claims: Damages for failing fiduciary or contractual duties
MLS sanctions: Fines or suspension for noncompliance
Invalid execution: Unenforceable terms if signatures not valid
Tax reporting: Incorrect 1099 reporting risks penalties
Privacy breaches: HIPAA exposure if health data mishandled

eSignature vendor comparison for signing Exclusive Agency Agreements

Compare core price and capability dimensions when choosing an eSignature solution; signNow appears first in the table per platform comparisons.

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 Yes, 7-day free trial No No Yes, limited Yes, limited
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 Varies Varies

Who commonly completes or signs this agreement

Multiple stakeholders typically sign or receive the agreement depending on transaction complexity and whether an entity is involved.

  • Owners should keep an executed copy for tax, closing, and dispute resolution.
  • Brokers must retain signed agreements in agency records per brokerage and state regulatory requirements.
  • Cooperating brokers need an executed commission provision to claim compensation at closing.

Real-world examples of how Exclusive Agency Agreements are used

These examples show how typical brokerage scenarios deploy the agreement to balance exclusivity and owner flexibility.

Residential Listing

A homeowner signs an exclusive agency to appoint one broker to market their house

  • Broker lists on MLS and hosts showings
  • Owner later sells to a personal acquaintance; commission only owed if agreement specifies procuring cause.

Commercial Lease Sale

A small business owner engages an agent to find buyers for commercial property

  • Agreement limits exclusivity to 180 days and defines commercial broker splits
  • The agent is paid if a buyer introduced by the agent closes within the protection period.

Frequently asked questions about Exclusive Agency Agreements

Answers to common legal, procedural, and electronic-signing questions to help avoid errors during preparation and execution.


Need help? Contact support

Explore Templates

Consent to Entry of Decree Notice of Decree Form Commercial Lease Application California Landlord Law Book Joint Petition for Dissolution Without Children Montana Twenty-First Judicial District Court Ravalli County
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.