[{"data":1,"prerenderedAt":518},["ShallowReactive",2],{"document-exclusive-listing-agreement-D13268":3},{"document":4,"label":23,"preview":11,"thumb":24,"thumb600":25,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":26,"breadcrumb":30,"related":38,"customDescModule":178,"customdescription":6,"mdFm":179,"mdProseHtml":517},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"EXCLUSIVE LISTING AGREEMENT This Exclusive Listing Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [OWNER NAME] (the \"Owner\"), an individual with his main address located at: [YOUR COMPLETE ADDRESS] AND: [BROKER NAME] (the \"Broker\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Owner and the Broker shall be referred to as the \"Parties.\" WHEREAS, the Owner owns the building [DESCRIPTION AND ADDRESS OF PROPERTY] (hereinafter referred to as the \"Property\"); and WHEREAS, the Owner desires to engage the Broker as the Owner's agent to sell the Property and the Broker desires to accept such engagement, upon and subject to the terms and conditions set forth herein. NOW, THEREFORE, the Parties agree as follows: EXCLUSIVE RIGHT TO LIST Right to Sell. The Owner hereby grants to the Broker the exclusive right to sell the Property for the term of this Agreement. Notwithstanding anything to the contrary herein or elsewhere, all terms and conditions of an agreement with any prospective purchaser shall be subject to the Owner's sole and absolute discretion. The Owner has the absolute right in all events to approve or to disapprove any and all proposals regarding pricing, marketing and terms of sale of the Property. The Broker shall have no authority to extend any offer or make any agreement on behalf of or binding on the Owner, and the Broker shall have no authority to accept security or other deposits in connection with any offer to purchase the Property; accordingly, an agreement to sell the Property shall become effective only when (i) signed by an authorized signatory on behalf of the Owner and the prospective purchaser and (ii) delivered by the Owner to such prospective purchaser. List of Prospective Purchasers. Within [NUMBER OF DAYS] days of the date hereof, the Owner shall provide the Broker with a list of all prospective purchasers with whom it has had substantive discussions regarding a sale of the Property during the last [NUMBER OF MONTHS] months. The Owner shall furnish to the Broker such information with respect to the Property and use reasonable efforts to provide access to the Property as the Broker may reasonably request, subject to the rights of tenants of the Property, in order to enable the Broker to render its services effectively. The Owner represents that, to the best of its knowledge, all information furnished by it to the Broker with respect to the Property will be accurate and complete in all material respects. TERM The term of this Agreement shall end, and this Agreement shall terminate and be of no further force and effect, on [DATE], provided, however, that: The Owner shall have the right to terminate this Agreement and end the term without cause at any time by providing thirty (30) days' prior written notice to the Broker, The Owner shall have the further right to terminate this Agreement and end the term without cause immediately upon the sale, merger or consolidation of the Property, and The Owner and the Broker shall each have the right to terminate this Agreement and end the term for cause immediately upon giving written notice of such cause and such termination to the other Party. DUTIES OF BROKER The Broker accepts the relationship of trust and confidence established between the Broker and the Owner under this Agreement. The Broker agrees to take all actions reasonably required or helpful in selling the Property as promptly as possible, including, but not limited to, promoting and marketing the Property for sale, using its diligent and best efforts, skill, judgment, and abilities to show the Property, offering the Property for sale, procuring prospective purchasers for Property, cooperating with outside brokers representing such prospective purchasers, obtaining financial and reference information on prospective purchasers, promptly submitting all offers to purchase the Property to the Owner, taking photographs of the Property, making monthly inspections of the Property, and other actions as may be directed by the Owner from time to time, including, but not limited to, as and when requested by the Owner, using best efforts to assist the Owner with obtaining tenant estoppel certificates and subordinations. Inquiries regarding the Property shall be referred to the Broker and related negotiations shall be handled by or under direction of the Broker, subject to the approval and review of the Owner and subject to the participation of legal counsel selected and retained by the Owner to assist as necessary in preparation and negotiation of the sale contract and to institute and defend any and all legal proceedings associated with the sale of the Property, provided that no such legal proceedings or compromises or settlements of such legal proceedings shall be undertaken or defended without, in each instance, the prior written approval of the Owner. Without limiting the generality of the foregoing, the Broker specifically agrees to provide monthly activity reports to the Owner. COMMISSION ON SALE Upon the sale of the Property pursuant to a written sale contract executed during the term of this Agreement, the Owner agrees to pay to the Broker a commission of [SPECIFY AMOUNT]. The commission shall be deemed earned, due and payable in full when, and only if, title to the Property is transferred to a purchaser of the Property and the Owner shall pay such commission concurrent with such transfer. The Owner reserves the right to modify the marketing plan or withdraw the Property from the market, without being liable for any commission hereunder, at its discretion throughout the term of this Agreement. The Broker shall not be entitled to any commission with respect to offers to purchase, which, when submitted to the Owner for approval pursuant to this Agreement, shall, for any reason, be rejected by the Owner. The Owner shall not have any obligation to sue any prospective purchaser who defaults under the terms of a binding contract of sale for damages or specific performance. In the event a prospective purchaser defaults and the Owner becomes entitled to such prospective purchaser's earnest deposit, then such earnest deposit shall be forfeited to the Owner as liquidated damages, and the Broker shall not be entitled to any part thereof. No commission will be deemed earned and payable in the event the Property or any portion thereof is (i) taken by a municipality or other authority in a condemnation or similar proceeding or by deed in lieu thereof, (ii) acquired by a lender under a foreclosure proceeding or other similar process, or (iii) transferred or sold to a parent, subsidiary or entity under common control or common management with the Owner. POST TERMINATION COMMISSIONS Within [NUMBER OF DAYS] days following the termination of this Agreement, the Broker may submit to the Owner a written list (the \"Prospective Purchaser List\") of any person or entity proposed by the Broker during the term of this Agreement as a prospective purchaser of the Property with whom the Broker had substantial negotiations, as defined below, during the term of this Agreement. The term \"substantial negotiations\" shall mean that: The Broker provided marketing materials regarding the Property, and Either the Broker brought the prospective purchasers to the Property, the prospective purchaser had negotiations with the Owner or the Broker received a signed letter of intent. The Prospective Purchaser List shall include the names and addresses of such prospective purchasers and supporting documentation of such negotiations. ",null,"Exclusive Listing Agreement","8",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/exclusive-listing-agreement-D13268.png","https://templates.business-in-a-box.com/imgs/250px/13268.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13268.xml",{"title":15,"description":6},"exclusive listing agreement",[17,20],{"label":18,"url":19},"Human Resources","/templates/human-resources/",{"label":21,"url":22},"Motivation & Appreciation","/templates/motivation-appreciation/","Exclusive Listing Agreement Template","https://templates.business-in-a-box.com/imgs/400px/13268.png","https://templates.business-in-a-box.com/imgs/600px/13268.png",[27,17,20],{"label":28,"url":29},"Templates","/templates/",[31,32,35],{"label":28,"url":29},{"label":33,"url":34},"Legal Agreements","/templates/business-legal-agreements/",{"label":36,"url":37},"Real Estate & Leases","/templates/real-estate-and-leases/",[39,43,47,51,55,59,63,67,71,75,79,83,87,101,118,133,146,161],{"label":40,"url":41,"thumb":42,"extension":10},"Exclusive Management Agreement","/template/exclusive-management-agreement-D12826","https://templates.business-in-a-box.com/imgs/250px/12826.png",{"label":44,"url":45,"thumb":46,"extension":10},"Exclusive Commission Agreement","/template/exclusive-commission-agreement-D12825","https://templates.business-in-a-box.com/imgs/250px/12825.png",{"label":48,"url":49,"thumb":50,"extension":10},"Exclusive Lease Agreement","/template/exclusive-lease-agreement-D12808","https://templates.business-in-a-box.com/imgs/250px/12808.png",{"label":52,"url":53,"thumb":54,"extension":10},"Exclusive Partnership Agreement","/template/exclusive-partnership-agreement-D12809","https://templates.business-in-a-box.com/imgs/250px/12809.png",{"label":56,"url":57,"thumb":58,"extension":10},"Exclusive Supply Agreement","/template/exclusive-supply-agreement-D13420","https://templates.business-in-a-box.com/imgs/250px/13420.png",{"label":60,"url":61,"thumb":62,"extension":10},"Exclusive Negotiation Agreement","/template/exclusive-negotiation-agreement-D12827","https://templates.business-in-a-box.com/imgs/250px/12827.png",{"label":64,"url":65,"thumb":66,"extension":10},"Exclusive Distribution Agreement","/template/exclusive-distribution-agreement-D1240","https://templates.business-in-a-box.com/imgs/250px/1240.png",{"label":68,"url":69,"thumb":70,"extension":10},"Exclusive Sales Agreement","/template/exclusive-sales-agreement-D12810","https://templates.business-in-a-box.com/imgs/250px/12810.png",{"label":72,"url":73,"thumb":74,"extension":10},"Non Exclusive Distribution Agreement","/template/non-exclusive-distribution-agreement-D12744","https://templates.business-in-a-box.com/imgs/250px/12744.png",{"label":76,"url":77,"thumb":78,"extension":10},"Non-Exclusive Teaming Agreement","/template/non-exclusive-teaming-agreement-D12836","https://templates.business-in-a-box.com/imgs/250px/12836.png",{"label":80,"url":81,"thumb":82,"extension":10},"Exclusive Contractor Agreement","/template/exclusive-contractor-agreement-D12807","https://templates.business-in-a-box.com/imgs/250px/12807.png",{"label":84,"url":85,"thumb":86,"extension":10},"Exclusive Beat Agreement","/template/exclusive-beat-agreement-D13267","https://templates.business-in-a-box.com/imgs/250px/13267.png",{"description":88,"descriptionCustom":6,"label":89,"pages":90,"size":9,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":96,"keywords":95,"url":100},"CARRIER BROKER AGREEMENT This Carrier Broker Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [NAME OF THE CARRIER], (the \"Carrier\"), an individual with his main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF THE SHIPPER], (the \"Shipper\"), an individual with his main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] Collectively, the Carrier and the Shipper shall be referred to as the \"Parties.\" WHEREAS, the Carrier is engaged in the business of transporting [SPECIFY PROPERTY/GOODS] (\"Property\") by [SPECIFY MODE], under its authority as a contract carrier; WHEREAS, the Shipper desires to avail itself of the transportation services of the Carrier to satisfy the specific and distinct needs of the Shipper in accordance with the provisions of this Agreement, and the Carrier is willing to provide such services to the Shipper; WHEREAS, both the Parties wish to evidence their Agreement in writing and both the Parties have the capacity to enter into and perform this Agreement; NOW THEREFORE in consideration and as a condition of the Parties entering into this Agreement and other valuable considerations, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows: CARRIER'S OPERATING AUTHORITY The Carrier, if regulated by the Department of Transportation (DOT) or a state or other government entity, represents that it is authorized by the appropriate regulatory agency thereof, to transport, as a contract carrier, Property, whether in bulk, dry freight or otherwise, in interstate, intrastate, or foreign commerce, from, to or between all points provided for herein, and to lawfully furnish to the Shipper all of the transportation and related services provided for herein. TERM The initial Term of this Agreement shall commence upon the execution hereof and continue for a period of [NUMBER OF YEARS] years, unless sooner terminated for cause as hereinafter provided, and shall continue in effect for consecutive periods of NUMBER OF [MONTHS] months each unless and until terminated by either Party hereto upon written notice to the other, given prior to the commencement of any such [NUMBER OF MONTHS] month period, to become effective at the expiration of such [NUMBER OF MONTHS] month period. ALL SHIPMENT UNDER CONTRACT Whether or not the Carrier is allowed to operate, or does operate, as a common carrier, each shipment tendered to the Carrier by the Shipper on or after the date of this Agreement shall be subject only to the terms of this Agreement and the provisions of law applicable to contract motor carriage hereunder. RECEIPTS AND BILL OF LADING The Carrier shall sign and promptly furnish to the Shipper a receipt in a form acceptable to the Shipper for each shipment received from the Shipper or his designee. If the Shipper elects to use a bill of lading or other form of freight receipt or contract for any shipment, the terms, conditions, or provisions of such bill of lading or other form shall be subject and subordinate to the terms of this Agreement, and, in the event of a conflict, the provisions of this Agreement shall govern. Upon delivery of each shipment, the Carrier shall prepare and/or obtain a receipt on a form acceptable to the Shipper, identifying the goods delivered, the condition of such goods, the location and Party receiving the goods, and the date and time of delivery. The Carrier shall comply with all record keeping requirements of the Shipper or otherwise imposed by applicable law relating to the services including, but not limited to the provision by the Carrier to the Shipper of bills of lading (collectively \"Manifests\") with respect to all Product loads. In this regard, where the Product is delivered to any Outlet on a \"split-load\" basis (that is, where the Product is loaded onto a single transport vehicle but is delivered to more than one Outlet), the Manifest provided by the Carrier to the Shipper shall describe the specific amount of the Product delivered to each Outlet with respect to any such split-load delivery. CARRIER'S OPERATION The Carrier shall furnish sufficient vehicles and accessorial equipment, adequately manned and maintained by it, necessary for the prompt transportation of the Shipper's freight and its delivery without undue delay in a safe, complete and efficient manner in performance of its transportation obligations under this Agreement. The vehicles and accessorial equipment shall be maintained and operated so as to prevent damage or contamination of transported Product(s) or other property, provided, however, that should the Shipper's volume experience temporary increases beyond that contemplated hereunder, the Carrier shall be required to provide additional equipment in reasonable quantities, under the circumstances presented. The Carrier, at its sole cost and expense, shall employ for its services hereunder only competent, able and legally licensed personnel. The Carrier agrees at all times to comply with all federal, state and local laws, rules and regulations, applicable to its operations hereunder. The Carrier shall comply with all fire, environmental and safety regulations of the Shipper or of its consignees applicable to the plants or properties of the Shipper or the consignee while the Carrier's equipment is at said location during transit or at points of origin or destination. The Carrier will make deliveries for the Shipper in the manner or at times requested or give the Shipper notice thereof and the reasons for its inability to make delivery as requested or at the times designated, but this shall in no way relieve the Carrier of liability, if any. The Carrier shall perform the loading, transportation and delivery services (\"Services\") in a prompt and efficient manner so as to (i) minimize Product shortages at the Outlets, and (ii) manage the Product inventory in accordance with the levels set forth in the Shipper's management systems, and (iii) deliver the Product in specific time frames as mutually agreed by the Shipper and the Carrier. The Carrier shall permit the Shipper to inspect the contents of the Carrier's transport vehicles, including periodic sampling and testing of the Products prior to any such Product being delivered to any of the Outlets. The Carrier shall notify the Shipper immediately of any sampling done or any inquiries made by employees, agents, or representatives by any governmental authority or other Party relating to any Products. The Carrier shall immediately stop the delivery of any Product when the Carrier either suspects or becomes aware that such Product has been contaminated, adulterated, or otherwise fails to conform with the requirements of any and all laws. The Carrier shall perform (subject to reasonable advance notification by the Shipper of its transportation and other transportation-related requirements) the Services in accordance with the requirements of the Shipper, and such requirements may be amended from time to time at the sole discretion of Shipper. Furthermore, where any Terminal is owned, leased, or otherwise controlled in whole or in part by a third party, then the Carrier, its employees, agents, representatives and contractors shall comply with all access, use and other requirements of any such third party relating to that Terminal. RATES, CHARGES AND PAYMENT As full compensation for the Services provided by the Carrier hereunder, the Shipper shall pay the Carrier in accordance with the rates, charges and other provisions set forth in EXHBIT A attached hereto and made a part hereof","Broker Carrier Agreement","11","https://templates.business-in-a-box.com/imgs/1000px/broker-carrier-agreement-D13251.png","https://templates.business-in-a-box.com/imgs/250px/13251.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13251.xml",{"title":95,"description":6},"broker carrier agreement",[97],{"label":98,"url":99},"Finance & Accounting","finance-accounting","/template/broker-carrier-agreement-D13251",{"description":102,"descriptionCustom":6,"label":103,"pages":104,"size":9,"extension":10,"preview":105,"thumb":106,"svgFrame":107,"seoMetadata":108,"parents":110,"keywords":116,"url":117},"PURCHASE & SALE AGREEMENT This Purchase & Sale Agreement (\"Agreement\") is entered into effect as of [DATE], BETWEEN: [SELLER'S NAME], (\"Seller\"), an individual with their main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [BUYER'S NAME], (\"Buyer\") an individual with their main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] DESCRIPTION OF PROPERTY The Seller agrees to sell, and the Buyer agrees to purchase, the real property located at [PROPERTY ADDRESS], including all improvements, fixtures, and appurtenances thereto (the \"Property\"). A full legal description of the Property is attached hereto as Exhibit A. PURCHASE PRICE AND PAYMENT TERMS 2.1 The Buyer shall pay the Seller a total purchase price of [PURCHASE PRICE AMOUNT] for the Property, as specified in Exhibit A. 2.2 Payment Terms: [DETAIL PAYMENT TERMS, SUCH AS DOWN PAYMENT, FINANCING ARRANGEMENTS, ESCROW DETAILS, ETC. INCLUDE ANY CONDITIONS OR CONTINGENCIES RELATED TO FINANCING.] DUE DILIGENCE AND INSPECTIONS 3.1 Due Diligence: The Buyer shall have [DUE DILIGENCE PERIOD] days from the Effective Date of this Agreement to conduct due diligence, including but not limited to property inspections, title review, and appraisal. 3.2 Inspection Findings: In case of any material defects or issues discovered during the Due Diligence Period, the Buyer may request repairs, a reduction in purchase price, or may terminate this Agreement. CLOSING 4","Purchase and Sale Agreement","4","https://templates.business-in-a-box.com/imgs/1000px/purchase-and-sale-agreement-D13884.png","https://templates.business-in-a-box.com/imgs/250px/13884.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13884.xml",{"title":109,"description":6},"purchase and sale agreement",[111,113],{"label":33,"url":112},"business-legal-agreements",{"label":114,"url":115},"Purchase & Sale Agreements","purchase-sale-agreement","purchase sale agreement","/template/purchase-and-sale-agreement-D13884",{"description":119,"descriptionCustom":6,"label":120,"pages":121,"size":9,"extension":10,"preview":122,"thumb":123,"svgFrame":124,"seoMetadata":125,"parents":127,"keywords":126,"url":132},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":126,"description":6},"non disclosure agreement nda",[128,129],{"label":33,"url":112},{"label":130,"url":131},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":134,"descriptionCustom":6,"label":135,"pages":121,"size":9,"extension":10,"preview":136,"thumb":137,"svgFrame":138,"seoMetadata":139,"parents":141,"keywords":144,"url":145},"[DATE] [CONTACT NAME] [ADDRESS] [ADDRESS 2] [CITY, STATE/PROVINCE] [ZIP/POSTAL CODE] SUBJECT: LETTER OF INTENT-ACQUISITION OF BUSINESS Dear [CONTACT NAME]: This letter (\"Letter of Intent\") sets forth the basic preliminary terms between the Buyer or his nominee and yourselves regarding the purchase of the [SPECIFY] business (the \"Business\") carried on by yourselves. Except as specifically set forth herein, this Letter of Intent shall not constitute an agreement between the parties and no agreement shall be deemed to exist until execution of a definitive purchase agreement. It is proposed that Buyer will acquire certain assets of the Business which Buyer believes to be necessary to the future of the Business, including the warehouse in [CITY/STATE] in which [COMPANY NAME] the Company has invested [AMOUNT] in cash and which has been financed by a mortgage loan of approximately [AMOUNT] granted by the [SPECIFY COMPANY] [CITY/STATE]. Buyer understands that the said warehouse has no other charges or liabilities affecting it other than the said mortgage loan. Buyer may either purchase the warehouse outright or enter into a lease-purchase or instalment transfer of ownership which is satisfactory to both parties. The gross purchase price for the said warehouse will be [AMOUNT]. Buyer may purchase or lease barrels and other equipment currently owned by the Company which are necessary to operate the Business, on a cash or instalment basis agreeable to both parties. The specific assets to be purchased and the amounts to be paid by Buyer in connection with this transaction remain to be negotiated by the parties. This Letter of Intent also evidences the intentions of the parties with respect to the following agreements: Buyer will enter into a [NUMBER]-year employment agreement with [COMPANY NAME], providing for the Company will be responsible for the purchase of [SPECIFY] for Buyer. The agreement will contain the customary terms and conditions found in employment agreements in similar transactions and will provide for the usual non-competition and non-solicitation covenants to be entered into by the Company in favour of Buyer. It is expressly understood that if the contemplated transaction is consummated, the aggregate amount of commission paid or payable to yourselves (net of reasonable expenses acceptable to Buyer) in respect of all purchases of [SPECIFY] made through you from the date of this Letter of Intent to the date of closing, with the exception of commissions earned on the [NUMBER] truckloads of [SPECIFY] to be delivered to Buyer during the week of [DATE] to [DATE], will be applied against remuneration payable to the Company in the first year of his employment agreement. If the contemplated transaction is not consummated, all such commissions paid or payable will be treated as commissions. Buyer will enter into a [NUMBER]-year employment agreement with [EMPLOYEE NAME], providing for the payment of a gross base salary of [ANNUAL SALARY] per year, to be paid weekly, subject to annual review. [EMPLOYEE NAME] will be President of the Business and the employment agreement will provide for health benefits, automobile, expenses and bonus arrangements","Letter of Intent_Acquisition of Business","https://templates.business-in-a-box.com/imgs/1000px/letter-of-intent_acquisition-of-business-D5197.png","https://templates.business-in-a-box.com/imgs/250px/5197.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5197.xml",{"title":140,"description":6},"letter of intent_acquisition of business",[142,143],{"label":33,"url":112},{"label":33,"url":112},"letter intent_acquisition business","/template/letter-of-intent_acquisition-of-business-D5197",{"description":147,"descriptionCustom":6,"label":148,"pages":149,"size":150,"extension":10,"preview":151,"thumb":152,"svgFrame":153,"seoMetadata":154,"parents":155,"keywords":159,"url":160},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[156],{"label":157,"url":158},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":162,"descriptionCustom":6,"label":163,"pages":104,"size":164,"extension":10,"preview":165,"thumb":166,"svgFrame":167,"seoMetadata":168,"parents":169,"keywords":176,"url":177},"COMMISSION SALES AGREEMENT This Commission Sales Agreement (\"Agreement\") is made and effective this [Date], BETWEEN: [COMMISSION AGENT NAME] (the \"Agent\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [PRINCIPAL NAME] (the \"Principal\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Whereas the Principal wishes to market the product(s) described in Schedule A (the \"Product(s)\"); whereas Agent is prepared to sell the Product(s) on behalf of the Principal in return for a commission; It is agreed as follows: SELLING RIGHTS The Principal grants the Agent an exclusive right to sell the Product(s) on behalf of the Principal within the territory described in Schedule B for a period of [PERIOD] commencing [DATE] (the \"Selling Rights\"). The Agent may not sell or attempt to sell the Product(s) outside of the territory described in Schedule B. The Agent shall use his best efforts to sell the Product(s) for the duration of the Selling Rights. At the request from time to time of the Principal, the Agent shall furnish the Principal with a reasonably detailed, written report on his efforts to sell the Product(s) in the period specified by the Principal. The Agent shall clearly identify himself as a duly authorized sales agent of the Principal in the course of his efforts to sell the Product(s) on behalf of the Principal and may not sell the Product(s) in his own name. PRODUCT PRICES The Principal shall fix the selling price(s) of the Product(s) and the Agent may only sell the Product(s) at the selling price(s) fixed by the Principal. ORDERS The Agent shall obtain written orders for the Product(s) from buyers, signed by or on behalf of the buyers, and remit the orders to the Principal. The Principal shall use its best efforts to fill orders duly remitted by the Agent in accordance with this agreement as expeditiously as possible. COMMISSION The Principal shall pay the Agent a commission of [NUMBER]% of the selling price, exclusive of any sales taxes, of each order or part of each order of Product(s) duly remitted by the Agent in accordance with this agreement which is paid for in full, inclusive of any sales taxes, and which is not subsequently returned for a refund. The Principal may accept the return of Product(s) for a refund or partial refund in its sole discretion. The Agent is not entitled to any compensation for services performed or expenses incurred in connection with this agreement other than as set out in this agreement. TRAINING At the request of the Agent, the Principal shall train the Agent in the proper use of the Product(s). ","Commission Sales Agreement",47,"https://templates.business-in-a-box.com/imgs/1000px/commission-sales-agreement-D532.png","https://templates.business-in-a-box.com/imgs/250px/532.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#532.xml",{"title":6,"description":6},[170,172,175],{"label":18,"url":171},"human-resources",{"label":173,"url":174},"Hire an Employee","hire-employee",{"label":33,"url":112},"commission sales agreement","/template/commission-sales-agreement-D532",false,{"seo":180,"reviewer":192,"quick_facts":196,"at_a_glance":199,"personas":203,"variants":228,"glossary":253,"clauses":287,"how_to_fill":333,"common_mistakes":374,"faqs":399,"industries":430,"comparisons":447,"diy_vs_lawyer":460,"jurisdictions":473,"related_template_ids_curated":494,"schema":505,"classification":506},{"meta_title":181,"meta_description":182,"primary_keyword":183,"secondary_keywords":184},"Exclusive Listing Agreement Template (Free Word)","Free exclusive listing agreement template for real estate and business brokers. Covers commission, exclusivity period, duties, and termination. Free Word and PDF download.","exclusive listing agreement template",[15,185,186,187,188,189,190,191],"exclusive listing contract template","exclusive right to sell agreement","exclusive listing agreement word","real estate listing agreement template","broker listing agreement template","exclusive listing agreement free download","exclusive agency listing agreement",{"name":193,"credential":194,"reviewed_date":195},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":197,"legal_review_recommended":198,"signature_required":198},"advanced",true,{"what_it_is":200,"when_you_need_it":201,"whats_inside":202},"An Exclusive Listing Agreement is a legally binding contract between a property owner or business seller and a licensed broker or agent, granting that broker the sole right to market and sell the property or business for a defined period. This free Word download covers commission terms, exclusivity duration, broker duties, marketing obligations, and termination conditions — ready to edit online and export as PDF.\n","Use it when a seller wants to commit to a single broker for a real estate transaction, a business sale, or any asset disposition where focused representation is preferred over open-listing arrangements. It is typically executed before any marketing activity begins.\n","Parties and property identification, exclusivity period, commission rate and payment triggers, broker duties and marketing plan, seller obligations, representations and warranties, termination conditions, dispute resolution, and governing law.\n",[204,208,212,216,220,224],{"title":205,"use_case":206,"icon_asset_id":207},"Real estate brokers and agents","Securing an exclusive mandate to list and sell residential or commercial property","persona-real-estate-agent",{"title":209,"use_case":210,"icon_asset_id":211},"Property owners and landlords","Formally engaging a single broker to market a property with clear commission terms","persona-landlord",{"title":213,"use_case":214,"icon_asset_id":215},"Business brokers","Obtaining exclusive rights to market and sell a privately held business","persona-business-broker",{"title":217,"use_case":218,"icon_asset_id":219},"Commercial developers","Appointing an exclusive broker to sell or lease a newly developed commercial asset","persona-developer",{"title":221,"use_case":222,"icon_asset_id":223},"Corporate real estate managers","Engaging a broker to dispose of surplus corporate real estate holdings","persona-corporate-manager",{"title":225,"use_case":226,"icon_asset_id":227},"Estate executors and trustees","Appointing an agent to sell estate or trust-held property under fiduciary obligation","persona-trustee",[229,233,236,240,243,247,250],{"situation":230,"recommended_template":231,"slug":232},"Seller wants one broker but retains the right to sell without paying commission","Exclusive Agency Listing Agreement","exclusive-listing-agreement-D13268",{"situation":234,"recommended_template":235,"slug":232},"Seller allows any broker to bring a buyer and only the successful broker earns a commission","Open Listing Agreement",{"situation":237,"recommended_template":238,"slug":239},"Broker is representing the buyer, not the seller","Buyer Representation Agreement","advertising-sales-representation-agreement-D5214",{"situation":241,"recommended_template":242,"slug":232},"Leasing commercial space rather than selling outright","Exclusive Leasing Listing Agreement",{"situation":244,"recommended_template":245,"slug":246},"Selling a privately held business rather than real property","Business Broker Agreement","broker-carrier-agreement-D13251",{"situation":248,"recommended_template":249,"slug":232},"Short-term or trial listing arrangement before committing to exclusivity","Non-Exclusive Listing Agreement",{"situation":251,"recommended_template":252,"slug":232},"Property is distressed and being sold through a structured receivership process","Court-Approved Listing Agreement",[254,257,260,263,266,269,272,275,278,281,284],{"term":255,"definition":256},"Exclusive Right to Sell","A listing arrangement in which the broker earns a commission regardless of who procures the buyer — including the seller themselves.",{"term":258,"definition":259},"Exclusive Agency","A listing arrangement where the broker earns a commission only if the broker or a cooperating agent procures the buyer; the seller may sell independently without owing commission.",{"term":261,"definition":262},"Listing Period","The defined start-to-end window during which the broker holds the exclusive mandate to market and sell the property.",{"term":264,"definition":265},"Commission Rate","The percentage of the final sale price — or fixed fee — the broker earns upon a completed transaction.",{"term":267,"definition":268},"Procuring Cause","The chain of events initiated by a broker that leads directly and uninterruptedly to a consummated sale, establishing entitlement to commission.",{"term":270,"definition":271},"Tail Period (Protection Period)","A post-expiry window — typically 90 to 180 days — during which the broker still earns a commission if the property sells to a buyer the broker introduced during the listing period.",{"term":273,"definition":274},"Multiple Listing Service (MLS)","A cooperative database shared among member brokers that allows properties listed by one broker to be shown and sold by any participating broker.",{"term":276,"definition":277},"Dual Agency","A situation where the same broker or brokerage represents both the seller and the buyer in the same transaction, creating a potential conflict of interest.",{"term":279,"definition":280},"Net Listing","A commission structure in which the broker keeps everything above a seller-specified minimum price — generally prohibited or heavily regulated in most US states.",{"term":282,"definition":283},"Earnest Money Deposit","A good-faith deposit made by the buyer at the time of offer, held in escrow until closing or returned if the deal falls through under agreed conditions.",{"term":285,"definition":286},"Cooperating Broker","A broker representing the buyer in a transaction where the listing broker holds the seller mandate; the listing commission is typically split between the two.",[288,293,298,303,308,313,318,323,328],{"name":289,"plain_english":290,"sample_language":291,"common_mistake":292},"Parties and property identification","Names the seller and broker as legal parties, identifies the property or business by full legal description or address, and establishes the basis of the relationship.","This Exclusive Listing Agreement ('Agreement') is entered into as of [DATE] between [SELLER LEGAL NAME] ('Seller') and [BROKER/BROKERAGE LEGAL NAME], licensed in [STATE/PROVINCE] ('Broker'). The property subject to this Agreement is located at [FULL PROPERTY ADDRESS], legally described as [LEGAL DESCRIPTION] ('Property').","Using a street address alone instead of the full legal property description. An incomplete description creates ambiguity about what is actually being listed and can void the agreement in jurisdictions that require a legal description for real estate contracts.",{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Listing period and exclusivity","Sets the start date, end date, and the exclusive nature of the mandate — prohibiting the seller from listing the property with any other broker during the term.","Seller grants Broker the exclusive and irrevocable right to market and sell the Property from [START DATE] through [END DATE] ('Listing Period'). During the Listing Period, Seller shall not list the Property with any other broker or agent.","Setting an open-ended listing period or failing to include an end date. Without a fixed expiration, the seller has no clear path to relist with another broker if performance is unsatisfactory, and courts in some jurisdictions refuse to enforce perpetual exclusivity clauses.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"List price and pricing authority","States the initial asking price and defines the seller's authority to approve or reject offers, while specifying whether the broker may negotiate within a defined range.","Seller authorizes Broker to offer the Property for sale at a list price of $[AMOUNT] ('List Price'). Seller retains final authority to accept, reject, or counter any offer. Broker may present offers below List Price and shall promptly communicate all written offers to Seller.","Granting the broker authority to accept offers on the seller's behalf without explicit written authorization. This can bind the seller to a price or terms they did not personally approve.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Commission, payment trigger, and protection period","Specifies the commission rate or fixed fee, the events that trigger payment (executed contract, closing, or introduction of a buyer), and the tail period after expiry during which the broker is still owed commission.","Seller agrees to pay Broker a commission of [X]% of the gross sale price upon the closing of a sale of the Property. If the Property is sold within [90] days after the expiration of the Listing Period to a buyer introduced by Broker during the Listing Period, Seller shall pay the full commission.","Omitting the protection period entirely. Without a tail clause, a seller can wait for the listing to expire, then sell directly to a buyer the broker spent months cultivating — with no commission owed.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Broker duties and marketing obligations","Defines the broker's affirmative obligations: MLS entry, photography, open houses, advertising channels, and the frequency of status reports to the seller.","Broker agrees to: (a) enter the Property on [MLS NAME] within [3] business days of execution; (b) arrange professional photography at Broker's expense; (c) provide Seller with a written marketing report no less than every [14] days; and (d) conduct at least [NUMBER] open-house events during the Listing Period.","Leaving broker duties as vague 'best efforts' language. If the broker does little marketing and the property sits unsold, the seller has no contractual basis to terminate for non-performance without specific obligations in writing.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Seller representations and obligations","Records the seller's representations about ownership, authority to sell, known defects, and their obligations to cooperate with showings, provide disclosures, and maintain the property.","Seller represents that Seller holds fee simple title to the Property, has full authority to enter this Agreement, and is not aware of any undisclosed material defects. Seller shall provide reasonable access for showings with [24]-hour notice and shall keep the Property in substantially the same condition as on the date of this Agreement.","Omitting the seller's disclosure obligations. If a seller fails to disclose a known material defect and the broker markets the property without that information, both parties may face misrepresentation claims from the buyer.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Dual agency and cooperating broker disclosure","Discloses and obtains consent for situations where the broker represents both parties, and establishes how commission is split with a cooperating buyer's broker.","Seller acknowledges that Broker may represent a buyer in this transaction ('Dual Agency'). Seller [CONSENTS TO / DOES NOT CONSENT TO] Dual Agency. If a cooperating broker procures the buyer, Broker shall offer a cooperating commission of [X]% of the gross sale price, to be paid from Broker's total commission.","Failing to obtain the seller's written informed consent to dual agency before it arises. Many states and provinces require advance written consent; proceeding without it exposes the broker to license discipline and the agreement to rescission.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Termination and cancellation","States the conditions under which either party may terminate early — seller default, broker non-performance, mutual consent — and any fees or obligations that survive termination.","Either party may terminate this Agreement upon [30] days' written notice for material breach that remains uncured for [10] days after notice. In the event of termination, Seller shall reimburse Broker for documented out-of-pocket marketing expenses not to exceed $[AMOUNT]. The protection period clause survives any termination.","No termination for non-performance clause. Without one, a seller is locked in for the full listing period even if the broker takes no meaningful marketing action after execution.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Governing law and dispute resolution","Specifies which jurisdiction's real estate law governs the agreement and how disputes are resolved — arbitration, mediation, or litigation — and whether the prevailing party recovers attorney's fees.","This Agreement shall be governed by the laws of [STATE/PROVINCE]. Any dispute arising under this Agreement shall first be submitted to non-binding mediation. If unresolved, disputes shall be resolved by binding arbitration under the rules of [AAA / applicable body] in [CITY]. The prevailing party shall be entitled to recover reasonable attorney's fees.","Omitting an attorney's fees clause. Without it, the cost of enforcing a commission claim — particularly on lower-value properties — can exceed the commission itself, leaving brokers with an unenforceable win on paper.",[334,339,344,349,354,359,364,369],{"step":335,"title":336,"description":337,"tip":338},1,"Identify parties using full legal names","Enter the seller's full legal name — individual or registered entity — and the broker's licensed brokerage name exactly as it appears on the broker's state or provincial license. Using a personal name when the licensed entity is an LLC creates an enforceability gap.","Verify the broker's license number and include it in the agreement — several states require the license number to appear on listing contracts.",{"step":340,"title":341,"description":342,"tip":343},2,"Provide a complete legal property description","Enter the full legal description from the property's title deed or land registry record, not just the street address. For business listings, describe the assets being sold by category (real property, equipment, goodwill, customer contracts).","Pull the legal description from the most recent title insurance commitment or the county assessor's parcel record to avoid transcription errors.",{"step":345,"title":346,"description":347,"tip":348},3,"Set the listing period with specific start and end dates","Enter a fixed calendar start and end date. Typical residential listing periods run 90 to 180 days; commercial and business sales commonly run 6 to 12 months. Avoid open-ended terms.","For a first engagement with a new broker, consider a 90-day initial term with a mutual option to extend — it keeps the broker accountable without permanently locking you in.",{"step":350,"title":351,"description":352,"tip":353},4,"Define the commission rate and protection period","State the commission as a percentage of the gross sale price, confirm whether it covers a cooperating broker's split, and set the tail period (typically 90 to 180 days) during which the broker is owed commission on post-expiry sales to introduced buyers.","Require the broker to deliver a written list of buyer names at or before expiration to document which buyers fall within the protection period — this prevents disputes months later.",{"step":355,"title":356,"description":357,"tip":358},5,"List specific broker marketing obligations","Replace vague 'best efforts' language with concrete deliverables: MLS listing within 3 business days, professional photography, minimum number of showings or open houses, and a bi-weekly written marketing update.","Tie at least one obligation to a calendar deadline — 'MLS entry within 3 business days of execution' is enforceable; 'prompt MLS entry' is not.",{"step":360,"title":361,"description":362,"tip":363},6,"Complete the seller representations and disclosure section","Confirm ownership, authority to sell, and any known material defects. Attach a separate property disclosure statement if required by applicable law — reference it in this clause rather than attempting to replicate it in the agreement.","In jurisdictions with mandatory seller disclosure forms (e.g., California, Ontario), attach the completed statutory form as an exhibit and cross-reference it here.",{"step":365,"title":366,"description":367,"tip":368},7,"Address dual agency consent explicitly","Choose whether to consent to or prohibit dual agency and initial or sign that specific provision. If you consent, confirm the broker's obligation to disclose and manage the conflict before making any offer.","If dual agency is permitted, insert a reduced commission rate for dual-agency transactions — the broker is doing half the adversarial work and the reduction is standard practice in many markets.",{"step":370,"title":371,"description":372,"tip":373},8,"Execute before any marketing activity begins","Both parties must sign and date the agreement before the broker takes any marketing action — photographs, MLS entry, or advertising. Marketing a property before a signed listing agreement can create implied agency liability in some jurisdictions.","Use electronic signature with timestamped audit trails. In the US, ESIGN and UETA give e-signatures the same legal effect as wet signatures for real estate listing agreements in most states.",[375,379,383,387,391,395],{"mistake":376,"why_it_matters":377,"fix":378},"No protection (tail) period clause","Without a tail period, a seller can wait for the listing to expire and then sell to a buyer the broker cultivated for months — with no commission owed. Brokers frequently lose five-figure commissions this way.","Include a 90- to 180-day protection period with a requirement that the broker deliver a written list of introduced buyers at or before expiration to document entitlement.",{"mistake":380,"why_it_matters":381,"fix":382},"Vague 'best efforts' marketing obligations","If broker duties are not spelled out, the seller has no contractual basis to terminate for non-performance — they are locked in for the full listing period regardless of how little the broker does.","Replace best-efforts language with specific, dated deliverables: MLS entry within 3 business days, professional photography within 7 days, and bi-weekly written status reports.",{"mistake":384,"why_it_matters":385,"fix":386},"Using street address instead of full legal property description","In many jurisdictions, a real estate contract without a proper legal description is unenforceable because the subject matter cannot be identified with certainty.","Pull the full legal description from the title deed, land registry, or county assessor record and paste it verbatim into the agreement.",{"mistake":388,"why_it_matters":389,"fix":390},"Omitting dual agency disclosure and consent","Brokers who proceed with dual agency without prior written consent face license suspension, commission forfeiture, and potential rescission of the sale agreement in most US states and Canadian provinces.","Include a standalone dual agency consent paragraph with an initial line or checkbox, and obtain the seller's written acknowledgment before any dual-agency situation arises.",{"mistake":392,"why_it_matters":393,"fix":394},"No termination-for-non-performance clause","Without a performance-based exit right, a seller whose broker has done nothing meaningful for 60 days is still contractually obligated for the remainder of the listing period.","Add a clause allowing termination with 30 days' written notice if the broker fails to meet a defined marketing obligation, with a 10-day cure period before termination takes effect.",{"mistake":396,"why_it_matters":397,"fix":398},"Signing after marketing has already begun","Marketing a property before a signed agreement creates implied agency risk, potential MLS rule violations, and a commission dispute if the broker argues that pre-agreement actions entitle them to compensation.","Execute the agreement before any photographs are taken, any MLS entry is made, or any advertising is placed — this is the baseline rule in virtually every jurisdiction's real estate licensing statute.",[400,403,406,409,412,415,418,421,424,427],{"question":401,"answer":402},"What is an exclusive listing agreement?","An exclusive listing agreement is a legally binding contract between a property owner or business seller and a licensed broker, granting that broker the sole right to market and sell the property for a defined period. Unlike an open listing, only the exclusive broker earns the commission regardless of who ultimately procures the buyer — including the seller acting independently under an exclusive right-to-sell structure.\n",{"question":404,"answer":405},"What is the difference between an exclusive right to sell and an exclusive agency listing?","Under an exclusive right-to-sell agreement, the broker earns the full commission no matter who finds the buyer — even if the seller sells the property themselves. Under an exclusive agency agreement, the broker earns the commission only if the broker or a cooperating agent procures the buyer; the seller retains the right to sell independently without paying commission. Brokers generally prefer exclusive right-to-sell arrangements because they eliminate the risk of losing the commission on a self-procured sale.\n",{"question":407,"answer":408},"How long should an exclusive listing agreement last?","Residential listings typically run 90 to 180 days. Commercial property and business sale listings commonly run 6 to 12 months, reflecting longer average days-on-market and more complex buyer due diligence. The right length depends on market conditions — in a fast market, 90 days may be ample; in a slow or niche market, 12 months may be needed to reach the full universe of qualified buyers.\n",{"question":410,"answer":411},"What is the protection period (tail clause) in a listing agreement?","The protection period — also called a tail clause or safety clause — is a window of typically 90 to 180 days after the listing expires during which the broker still earns the commission if the property sells to a buyer the broker introduced during the listing period. Without it, sellers can simply wait for expiration and then deal directly with a buyer the broker spent months cultivating. Most states and provinces permit and enforce tail clauses when the broker provides a written list of introduced buyers at expiration.\n",{"question":413,"answer":414},"Can a seller cancel an exclusive listing agreement early?","Early cancellation depends entirely on what the agreement says. Most exclusive listing agreements allow termination for material breach — such as the broker failing to meet defined marketing obligations — after a written notice and cure period. Mutual consent cancellations are also common. Without a termination clause, the seller may be bound for the full listing period and could owe commission if the property sells during that window. Some brokerage firms charge an administrative or marketing-cost reimbursement fee for early cancellations.\n",{"question":416,"answer":417},"Is an exclusive listing agreement legally required to be in writing?","Yes, in virtually every US state and Canadian province. Real estate broker compensation agreements must be in writing and signed by the party to be charged — the seller — to be enforceable under the Statute of Frauds. In most US states, the listing agreement must also include the broker's license number and comply with state-specific disclosures mandated by the real estate licensing statute. Oral listing agreements are generally unenforceable for commission purposes.\n",{"question":419,"answer":420},"What commission rate is standard in an exclusive listing agreement?","Commission rates are legally negotiable and vary by market, property type, and transaction complexity. Residential real estate in the US has historically ranged from 5% to 6% of the gross sale price, typically split between the listing broker and the buyer's broker. Following the 2024 NAR settlement, buyer-broker compensation structures are shifting; sellers and listing brokers are now negotiating these splits more explicitly. Commercial and business-sale commissions vary widely — from 2% to 10% — depending on deal size.\n",{"question":422,"answer":423},"What happens if two brokers both claim a commission on the same sale?","Commission disputes between brokers are typically resolved by reference to the procuring cause doctrine — which broker's actions were the direct and uninterrupted cause of the sale. Many MLS associations have arbitration procedures for inter-broker commission disputes. Sellers can reduce exposure by ensuring the exclusive listing agreement clearly defines the protection period and requires the broker to document all buyer introductions in writing before the listing expires.\n",{"question":425,"answer":426},"Do I need a lawyer to review an exclusive listing agreement?","For standard residential listings in a familiar jurisdiction, a well-drafted template is often sufficient. A lawyer's review is worthwhile for commercial property sales, business asset listings, transactions above $1M, listings involving estate or trust-held property, or any situation with unusual commission structures or complex termination scenarios. Typical legal review runs $200 to $500 for a listing agreement and can prevent commission disputes that cost many times that amount to resolve.\n",{"question":428,"answer":429},"How does an exclusive listing agreement differ from a buyer representation agreement?","An exclusive listing agreement is between a seller and a broker, granting the broker the right to market and sell. A buyer representation agreement is between a purchaser and a broker, committing the buyer to work exclusively with that broker in their property search and purchase. Both create exclusivity obligations — but they sit on opposite sides of the transaction.\n",[431,435,439,443],{"industry":432,"icon_asset_id":433,"specifics":434},"Residential Real Estate","industry-real-estate","Fixed listing periods of 90–180 days, MLS entry obligations, mandatory state disclosure attachments, and post-NAR settlement buyer-broker commission negotiation language.",{"industry":436,"icon_asset_id":437,"specifics":438},"Commercial Real Estate","industry-commercial-real-estate","Longer listing periods of 6–18 months, performance benchmarks tied to qualified-lead count, complex commission splits on anchor tenant or multi-asset portfolio transactions.",{"industry":440,"icon_asset_id":441,"specifics":442},"Business Brokerage","industry-business-broker","Asset versus share sale distinctions, confidentiality obligations running in parallel with the listing, and success-fee commission structures tied to closing rather than mere introduction.",{"industry":444,"icon_asset_id":445,"specifics":446},"Property Development","industry-construction","Pre-construction listing rights, stage-release pricing authority, and marketing fund contributions from the developer to the broker for project launch campaigns.",[448,451,454,457],{"vs":235,"vs_template_id":449,"summary":450},"D{OPEN_LISTING_AGREEMENT_ID}","An open listing allows multiple brokers to market the same property simultaneously, with only the broker who procures the buyer earning a commission. An exclusive listing commits the seller to one broker for a defined period. Open listings generate less broker effort because there is no guaranteed commission; exclusive listings generate focused representation but reduce the seller's flexibility.",{"vs":231,"vs_template_id":452,"summary":453},"D{EXCLUSIVE_AGENCY_LISTING_ID}","An exclusive agency listing still grants one broker exclusive rights, but the seller retains the right to sell independently without paying commission. An exclusive right-to-sell agreement — the most common form — removes that seller carve-out entirely. Brokers prefer the exclusive right-to-sell because it eliminates the risk of losing commission on a self-procured deal.",{"vs":238,"vs_template_id":455,"summary":456},"D{BUYER_REPRESENTATION_AGREEMENT_ID}","A buyer representation agreement creates an exclusive relationship between a buyer and a broker. An exclusive listing agreement creates one between a seller and a broker. The two documents govern opposite sides of the same transaction and may both exist simultaneously if the same brokerage attempts to represent both parties, triggering dual agency disclosures.",{"vs":245,"vs_template_id":458,"summary":459},"business-broker-agreement-D13265","A business broker agreement governs the sale of a business's assets, goodwill, or shares — not real property. While the structure is similar, key differences include confidentiality provisions that run alongside the listing, asset-versus-share sale definitions, earn-out commission structures, and buyer qualification requirements unique to business acquisitions.",{"use_template":461,"template_plus_review":465,"custom_drafted":469},{"best_for":462,"cost":463,"time":464},"Standard residential property listings in a single jurisdiction where the broker is familiar with local requirements","Free","20–30 minutes",{"best_for":466,"cost":467,"time":468},"Commercial listings, business asset sales, estate or trust-held property, or any transaction above $500K","$200–$500","1–3 days",{"best_for":470,"cost":471,"time":472},"Portfolio dispositions, multi-jurisdiction listings, complex commission structures, or contentious seller-broker relationships","$800–$3,000+","1–2 weeks",[474,479,484,489],{"code":475,"name":476,"flag_asset_id":477,"note":478},"us","United States","flag-us","All 50 states require real estate listing agreements to be in writing and signed by the seller to be enforceable under the Statute of Frauds. Most states mandate that the broker's license number appear on the agreement and require specific agency disclosure forms to be attached or referenced. Following the 2024 NAR settlement, buyer-broker compensation can no longer be offered through MLS fields and must be negotiated directly — listing agreements should address this explicitly. Net listings are banned or heavily restricted in most states.",{"code":480,"name":481,"flag_asset_id":482,"note":483},"ca","Canada","flag-ca","Each province regulates real estate through its own licensing authority — RECO in Ontario, BCFSA in British Columbia, RECA in Alberta. Most provincial regulators prescribe mandatory listing agreement forms that must be used or substantially followed. In Quebec, OACIQ-regulated brokers must use the OACIQ standard forms, and all documentation must be available in French. Commission rates are negotiable but must be clearly stated; undisclosed referral fees between brokers are prohibited.",{"code":485,"name":486,"flag_asset_id":487,"note":488},"uk","United Kingdom","flag-uk","The Estate Agents Act 1979 governs listing obligations in England and Wales, including mandatory disclosure of the agent's interest and the meaning of 'sole agency' versus 'sole selling rights' — a distinction that directly affects whether commission is owed on a self-procured sale. Agents must be members of a government-approved redress scheme. Consumer Protection from Unfair Trading Regulations 2008 require material information about the property to be disclosed upfront. Scotland operates under a separate legal framework with Home Reports required for most residential listings.",{"code":490,"name":491,"flag_asset_id":492,"note":493},"eu","European Union","flag-eu","Real estate agency regulation varies significantly by member state — Germany, France, and Spain each have distinct licensing, commission disclosure, and consumer protection requirements. In Germany, the buyer and seller often share the broker commission (Maklerprovision), and a 2020 law capped the seller's commission at 50% of total. GDPR applies to all personal data collected on prospective buyers during the listing period; brokers must have a lawful basis for processing and must honor data subject rights. Cross-border listings involving EU buyers from non-EU sellers may trigger additional AML due diligence obligations.",[246,495,496,497,498,499,500,501,502,503,504,239],"purchase-and-sale-agreement-D13884","non-disclosure-agreement-nda-D12692","letter-of-intent_acquisition-of-business-D5197","independent-contractor-agreement-D160","commission-sales-agreement-D532","real-estate-purchase-agreement-D13234","confidentiality-agreement-D950","service-agreement-D12711","property-management-agreement-D1196","exclusive-lease-agreement-D12808",{"emit_how_to":198,"emit_defined_term":198},{"primary_folder":112,"secondary_folder":507,"document_type":508,"industry":509,"business_stage":510,"tags":511,"confidence":516},"real-estate-and-leases","agreement","real-estate","all-stages",[509,512,513,514,515],"commission","exclusive-listing-agreement","broker-agreement","property-sale",0.95,"\u003Ch2>What is an Exclusive Listing Agreement?\u003C/h2>\n\u003Cp>An \u003Cstrong>Exclusive Listing Agreement\u003C/strong> is a legally binding contract between a property owner or business seller and a licensed broker, granting that broker the sole right to market and sell the property or business for a defined period. Unlike an open listing — where multiple brokers compete and only the one who produces the buyer earns a fee — an exclusive agreement concentrates representation in a single broker, creating a clear obligation to perform and an unambiguous commission entitlement. The most common form, the exclusive right-to-sell, means the broker earns the commission regardless of who finds the buyer, including the seller acting independently. This structure gives brokers the confidence to invest in professional photography, paid advertising, and active buyer outreach, knowing their effort will not be undercut by a competing agent or a last-minute private sale.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed exclusive listing agreement, neither party has enforceable obligations — the broker can walk away from an underperforming listing without liability, and the seller can bypass the broker on a buyer the broker spent months cultivating without owing a cent in commission. For sellers, the agreement creates accountability: it binds the broker to specific marketing deliverables, reporting cadences, and a defined performance window. For brokers, it secures the commission entitlement — including the protection period that closes the window on sellers who wait out the listing and then sell privately to an introduced buyer. In virtually every US state and Canadian province, a real estate commission agreement must be in writing to be enforceable under the Statute of Frauds; an oral exclusive arrangement is worth nothing if the deal goes sideways. This template gives both parties a clear, jurisdiction-aware starting point that covers the clauses most often at the center of listing disputes — commission triggers, broker duties, protection periods, and termination rights — so the relationship starts on documented terms rather than assumed ones.\u003C/p>\n",1781185968708]