[{"data":1,"prerenderedAt":523},["ShallowReactive",2],{"document-exclusive-right-to-sell-D1174":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":182,"customdescription":6,"mdFm":183,"mdProseHtml":522},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"EXCLUSIVE RIGHT TO SELL This Exclusive Right to Sell (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Seller\"), 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: [OWNER NAME] (the \"Owner\"), 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] For and in consideration of your services to be rendered in listing for sale and in undertaking to sell or find a purchaser for the property hereinafter described, the parties understand and agree that this is an exclusive listing to sell the real estate located at [ADDRESS], together with the following improvements and fixtures: [DESCRIBE] TERMS The minimum selling price of the property shall be [AMOUNT], to be payable on the following terms: [SPECIFY]",null,"Exclusive Right to Sell","2",31,"doc","https://templates.business-in-a-box.com/imgs/1000px/exclusive-right-to-sell-D1174.png","https://templates.business-in-a-box.com/imgs/250px/1174.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1174.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Real Estate","/templates/real-estate-business/",{"label":20,"url":21},"Business Checklists","/templates/business-checklists/","exclusive right to sell","Exclusive Right to Sell Template","https://templates.business-in-a-box.com/imgs/400px/1174.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Real Estate & Leases","/templates/real-estate-and-leases/",[38,42,46,50,54,58,62,66,70,74,78,82,86,102,119,135,150,169],{"label":39,"url":40,"thumb":41,"extension":10},"Buy Sell Agreement","/template/buy-sell-agreement-D12611","https://templates.business-in-a-box.com/imgs/250px/12611.png",{"label":43,"url":44,"thumb":45,"extension":10},"Exclusive Sales Agreement","/template/exclusive-sales-agreement-D12810","https://templates.business-in-a-box.com/imgs/250px/12810.png",{"label":47,"url":48,"thumb":49,"extension":10},"Exclusive Importation and Sales Agreement","/template/exclusive-importation-and-sales-agreement-D1241","https://templates.business-in-a-box.com/imgs/250px/1241.png",{"label":51,"url":52,"thumb":53,"extension":10},"Exclusive Sales Territory Agreement","/template/exclusive-sales-territory-agreement-D12828","https://templates.business-in-a-box.com/imgs/250px/12828.png",{"label":55,"url":56,"thumb":57,"extension":10},"How To Sell Products Online","/template/how-to-sell-products-online-D13162","https://templates.business-in-a-box.com/imgs/250px/13162.png",{"label":59,"url":60,"thumb":61,"extension":10},"Notice of Right of Rescission","/template/notice-of-right-of-rescission-D1217","https://templates.business-in-a-box.com/imgs/250px/1217.png",{"label":63,"url":64,"thumb":65,"extension":10},"Exclusive Sollicitation Sales Commission Agreement","/template/exclusive-sollicitation-sales-commission-agreement-D1242","https://templates.business-in-a-box.com/imgs/250px/1242.png",{"label":67,"url":68,"thumb":69,"extension":10},"Non-Exclusive Sales Representative Agreement","/template/non-exclusive-sales-representative-agreement-D12813","https://templates.business-in-a-box.com/imgs/250px/12813.png",{"label":71,"url":72,"thumb":73,"extension":10},"Exclusive Distribution Agreement","/template/exclusive-distribution-agreement-D1240","https://templates.business-in-a-box.com/imgs/250px/1240.png",{"label":75,"url":76,"thumb":77,"extension":10},"Exclusive Vendor Agreement","/template/exclusive-vendor-agreement-D12811","https://templates.business-in-a-box.com/imgs/250px/12811.png",{"label":79,"url":80,"thumb":81,"extension":10},"Exclusive Buyer Agency Agreement","/template/exclusive-buyer-agency-agreement-D12824","https://templates.business-in-a-box.com/imgs/250px/12824.png",{"label":83,"url":84,"thumb":85,"extension":10},"We've Credited Your Account_You're Right","/template/we-ve-credited-your-account_you-re-right-D1283","https://templates.business-in-a-box.com/imgs/250px/1283.png",{"description":87,"descriptionCustom":6,"label":88,"pages":89,"size":90,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":95,"keywords":100,"url":101},"PROPERTY MANAGEMENT AGREEMENT This Property Management Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Owner\"), 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: [AGENT NAME] (the \"Agent\"), 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] RECITALS Owner holds title to the following-described real property: [insert legal or other appropriate description], here referred to as the property. Agent is experienced in the business of operating and managing real estate similar to the above-described property. Owner desires to engage the services of agent to manage and operate the property, and agent desires to provide such services on the following terms and conditions. In consideration of the mutual covenants contained herein, the parties agree: EMPLOYMENT OF AGENT Agent shall act as the exclusive agent of owner to manage, operate and maintain the property. BEST EFFORTS OF AGENT On assuming the management and operation of the property, agent shall thoroughly inspect the property and submit a written report to owner. The written report shall contain the opinion of agent concerning the present efficiency under which the property is being managed and operated, and recommended changes, if necessary, in the management structure of the property, in the rehabilitation of the property, and any other matters that will improve the efficient management and operation of the property. After conferring with owner and obtaining approval to make any necessary improvements, agent shall undertake completion of the improvements. LEASING OF PROPERTY Agent shall make reasonable efforts to lease available space of the property, and shall be responsible for all negotiations with prospective tenants. Agent shall also have the right to execute and enter into, on behalf of owner, month-to-month tenancies of units of the property. Agent may negotiate all extensions and renewals of such month-to-month tenancies and leases. Agent shall not, without the prior written consent of owner, enter into any lease for a term less than [NUMBER] months or more than [NUMBER] months. Agent shall have the right to make concessions, including rental concessions, as inducements to prospective tenants to occupy the property. ADVERTISING AND PROMOTION Agent shall advertise vacancies by all reasonable and proper means; provided, agent shall not incur expenses for advertising in excess of [AMOUNT] during any calendar quarter without the prior written consent of owner. MAINTENANCE, REPAIRS AND OPERATIONS Agent shall use its best efforts to insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise furnish, electricity, gas, fuel, water, telephone, window cleaning, refuse disposal, pest control, and any other utilities or services required for the operation of the property. Agent shall make or cause to be made and supervise necessary repairs and alterations and shall decorate and furnish the property. Expenditures for repairs, alterations, decorations or furnishings in excess of [AMOUNT] shall not be made without prior written consent of owner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons or loss of life, or to maintain services to tenants. EMPLOYEES Agent shall employ, discharge and supervise all on-site employees or contractors required for the efficient operation and maintenance of the property. All on-site personnel, except independent contractors and employees of independent contractors, shall be the employees of agent. Agent shall pay the salaries of such on-site employees and, to the extent there are revenues from the property available, pay all charges for services rendered by independent contractors and the employees of independent contractors. All salaries (including all contributions of employer not listed in the paycheck) of such on-site employees shall be charged to owner. To the extent there are insufficient funds available from revenues received from the operation of the property to reimburse agent for such salaries, owner shall directly reimburse agent within [NUMBER] days after demand by agent for reimbursement. Agent shall not be responsible or liable to owner for any act, default or negligence of on-site personnel, or for any error of judgment or mistake of law or fact in connection with their employment, conduct or discharge except that agent shall be responsible for any such act, default or negligence that is due directly or indirectly to its own negligent act or omission in the hiring or supervision of any such on-site personnel. On-site personnel shall include all resident personnel, including, but not limited to, managers and maintenance personnel, all recreational personnel (whether part-time or full-time), day-care center personnel, and all other individuals located, rendering services or performing activities on the property in connection with its operation. GOVERNMENT REGULATIONS Agent shall manage the property in full compliance with all laws and regulations of any federal, state, county or municipal authority having jurisdiction over the property. INSURANCE Agent shall obtain the following insurance at the expense of owner, and such insurance shall be maintained in force during the full term of this agreement: Comprehensive public liability property insurance of [AMOUNT] single limit for bodily injury, death and property damage; Fire and extended coverage hazard insurance in an amount equal to the full replacement cost of the structure and other improvements situated on the property; and A fidelity bond in the amount of [AMOUNT] on each employee who handles cash, and workers' compensation and employer liability insurance to cover the agents and employees of both employer and agent. All of the policies shall name agent and owner as co-insureds as their respective interests may appear. Agent shall deliver certificates evidencing such insurance coverage to owner within [NUMBER] days from the issuance and renewal of the policies. Owner shall cooperate with agent and any insurer in the making and delivery of all reports, notices, and other items required in connection with any of the insurance policies. COLLECTION OF INCOME; INSTITUTION OF LEGAL ACTION Agent shall use its best efforts to collect promptly all rents and other income issuing from the property when such amounts become due. It is understood that agent does not guarantee the collection of rents. Agent shall, in the name of owner, execute and serve such notices and demands on delinquent tenants as agent may deem necessary or proper. Agent, in the name of owners, shall institute, settle or compromise any legal action and make use of such methods of legal process against a delinquent tenant or the property of a delinquent tenant as may be necessary to enforce the collection of rent or other sums due from the tenant, to enforce any covenants or conditions of any lease or month-to-month rental agreement, and to recover possession of any part of the property. No other form of legal action will be instituted and no settlement, compromise, or adjustment of any matters involved therein shall be made without the prior written consent of owner, except when agent determines that immediate action is necessary. BANK ACCOUNTS","Property Management Agreement","7",73,"https://templates.business-in-a-box.com/imgs/1000px/property-management-agreement-D1196.png","https://templates.business-in-a-box.com/imgs/250px/1196.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1196.xml",{"title":6,"description":6},[96,98],{"label":17,"url":97},"real-estate-business",{"label":20,"url":99},"business-checklists","property management agreement","/template/property-management-agreement-D1196",{"description":103,"descriptionCustom":6,"label":104,"pages":105,"size":106,"extension":10,"preview":107,"thumb":108,"svgFrame":109,"seoMetadata":110,"parents":111,"keywords":117,"url":118},"TABLE OF CONTENTS Pages 1. INTERPRETATION 3 1.1 Definitions 3 1.2 Currency 4 1.3 Headings, etc. 4 2. AGREEMENTS FOR PURCHASE AND SALE 4 2.1. Property and Assets to be Purchased and Sold 4 2.2. Excluded Assets 6 3. PURCHASE PRICE 6 3.1. Purchase Price 6 3.2. Allocation of Purchase Price 7 3.3. Transfer Taxes 7 4. LIABILITIES 7 4.1 Assumption of Liabilities 7 5. PAYMENT OF PURCHASE PRICE 8 5.1 Payment of the Purchase Price 8 6. REPRESENTATIONS AND WARRANTIES 8 6.1 Representations and Warranties of the Vendor [and the Shareholders] 8 6.1.1 Incorporation, Organization and Qualification of the Vendor 8 6.1.2 Title to Purchased Assets 8 6.1.3 No Options 8 6.1.4 Accuracy of Books and Records 9 6.1.5 Financial Statements 9 6.1.6 Business Carried on in Ordinary Course 9 6.1.7 Validity of Agreement 9 6.1.8 No Dividends 9 6.1.9 Payments to Employees and Others 10 6.1.10 Capital Expenditures 10 6.1.11 Employment Agreements 10 6.1.12 Leases 10 6.1.13 Real Property 10 6.1.14 Insurance 11 6.1.15 Material Contracts 11 6.1.16 Litigation 11 6.1.17 No Default under Agreements 11 6.1.18 Industrial Property Rights 12 6.1.19 Compliance with Applicable [YOUR COUNTRY LAW] 12 6.1.20 Condition of Facilities and Equipment 12 6.1.21 Vacation Pay 12 6.1.22 Residence of Vendor 12 6.1.23 Vendor's Knowledge of Matters Generally 12 6.1.24 No Liabilities, etc. 13 7. COVENANTS OF THE VENDOR [AND THE SHAREHOLDERS] 13 7.1. Covenants of the Vendor [and the Shareholder] 13 8. PENSIONS 13 8.1 Pensions 13 9. REAL PROPERTY TITLE AND BOOKS AND RECORDS 14 9.1 Availability of Records 14 9.2 Examination of Title 14 9.3 Delivery of Books and Records 14 10. REPRESENTATION AND WARRANTY OF THE PURCHASER 15 10.1 Representation and Warranty of the Purchaser 15 11. INVESTMENT [COUNTRY] ACT 15 11.1 Investment [COUNTRY] Act 15 11.2 Co-operation of Vendor 15 12. CLOSING ARRANGEMENTS 15 12.1 Closing Arrangements 15 12.1.1 Delivery of Closing Documents 15 12.1.2 Actual Possession 16 12.1.3 Evidence of Vendor's Resident Status 16 12.1.4 Income Tax Election with respect to Receivables 16 12.1.5 Payment of Purchase Price 16 13. SURVIVAL OF REPRESENTATIONS, WARRANTIES AND COVENANTS 16 13.1 Survival of Representations, Warranties and Covenants 16 14. PURCHASER'S CONDITIONS OF CLOSING 16 14.1 Purchaser's Conditions of Closing 16 14.1.1 Representations and Warranties at Closing 16 14.1.2 Interim Financial Statements 17 14.2 Compliance with Terms and Conditions 17 14.3 Opinion of Counsel 17 14.4 Necessary Consents 19 14.5 All Proceedings Taken 19 14.6 Lessor's Acknowledgment 19 14.7 Consents to Assignments of Contracts 19 14.8 Delivery of Indemnity Agreement 19 14.9 Undertaking re Business Name 19 14.10 No Actions Taken Restricting Sale 20 14.11 Due Authorization of Agreement 20 14.12 All Documents Delivered 20 14.13 No Fire Damage 20 14.14 Preservation of Business during Interim Period 20 14.15 No Material Adverse Claims 20 14.16 Arrangements re Checks 20 14.17 Bulk Sales Act 20 14.18 Zoning and other Restrictions 21 14.19 Failure to Meet Condition 21 15. CONDITIONS IN FAVOUR OF VENDOR 21 15.1 Vendor's Conditions 21 15.1.1 Compliance with Terms 21 15.2 No Action Taken Restricting Sale 21 15.3 Indemnity Agreement 21 15.4 Failure to Meet Conditions 21 16. CLOSING DATE 22 16.1 Closing Date and Transfer of Possession 22 16.2 Failure to Complete - Interim Period 22 16.3 Time and Place of Closing 22 17. RISK OF LOSS 22 17.1 Risk of Loss 22 18. MISCELLANEOUS 23 18.1 Brokerage and Commissions 23 18.2 Further Assurances 23 18.3 Announcements 23 18.4 Notices 23 18.5 Time of the Essence 24 18.6 Applicable [YOUR COUNTRY LAW] 24 18.7 Entire Agreement 24 18.8 Counterparts 24 18.9 [COMPANY NAME] in Interest 24 ASSET PURCHASE AGREEMENT This Asset Purchase Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [FIRST PARTY] (the \"Vendor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY] (the \"Purchaser\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY] (the \"Shareholders\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] THIS AGREEMENT WITNESSETH that in consideration of the covenants, agreements, warranties and payments hereinafter set forth and provided for, the [COMPANY NAME] hereto covenant and agree as follows: INTERPRETATION Definitions Where used in this Agreement the following words or phrases shall have the meanings set forth below unless the context otherwise requires: \"Agreement\" means this Agreement and any instrument amending this Agreement as referred to in Section [SPECIFY]; and the expression \"Section\" followed by a number means and refers to the specified Section of this Agreement; \"Closing Date\" means [SPECIFY] or such earlier or later date as may be mutually agreed upon; \"Effective Date\" means [SPECIFY]; \"Financial Statements\" means the financial statements of the Vendor relating to the Purchased Business as at the Financial Year End, as prepared and reported upon by [SPECIFY], Chartered Accountants, copies of which are annexed as Schedule [SPECIFY]; \"Financial Year End\" means [SPECIFY]; \"Interim Financial Statements\" means the balance sheet of the Vendor relating to the Purchased Business as at the Effective Date and the statement of profit and loss for the [NUMBER] months then ending to be prepared in accordance with Section 15.1.2; \"Interim Period\" means the period between the close of business on the Effective Date and the Time of Closing; \"Inventories\" means all inventories of every kind and nature and wheresoever situated owned by the Vendor and pertaining to the Purchased Business including, without limiting the generality of the foregoing, all finished goods, work in process, raw materials, new and unused production and shipping supplies, and new and unused major maintenance items and all other materials and supplies on hand; \"Leases\" means all leases or agreements in the nature of a lease and any interest therein, whether of real or personal property, to which the Vendor is a party, whether as lessor or lessee, relating to the Purchased Business, all as more particularly described in Schedule [SPECIFY] hereto; \"Purchased Assets\" means the undertaking, property and assets described in Section 3.1; \"Purchased Business\" means the business presently and heretofore carried on by the Vendor at and from in the City of consisting of; \"Purchase Price\" means the purchase price payable to the Vendor for the Purchased Assets provided for in Section 4.1; and \"Time of Closing\" means [STATE/PROVINCE] time on the Closing Date. In this Agreement, words importing the singular number only shall include the plural and vice versa, words importing a specific gender shall include the other genders and references to persons shall include corporations and one or more persons, their heirs, executors, administrators or assigns as the case may be. Currency All amounts referred to in this Agreement are in [COUNTRY] funds. Headings, etc. The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and shall not affect the interpretation hereof. AGREEMENTS FOR PURCHASE AND SALE Property and Assets to be Purchased and Sold Subject to the terms and conditions hereof, the Vendor agrees to sell, assign and transfer to the Purchaser and the Purchaser agrees to purchase from the Vendor as, at and from the close of business on the Effective Date, as a going concern the undertaking and all the property and assets of the Purchased Business of every kind and description and wheresoever situate (except as provided in Section 3.2), including without limiting the generality of the foregoing:","Asset Purchase Agreement For a Real Estate Property","25",305,"https://templates.business-in-a-box.com/imgs/1000px/asset-purchase-agreement_for-a-real-estate-property-D930.png","https://templates.business-in-a-box.com/imgs/250px/930.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#930.xml",{"title":6,"description":6},[112,114],{"label":32,"url":113},"business-legal-agreements",{"label":115,"url":116},"Purchase & Sale Agreements","purchase-sale-agreement","asset purchase agreement for a real estate property","/template/asset-purchase-agreement-for-a-real-estate-property-D930",{"description":120,"descriptionCustom":6,"label":121,"pages":122,"size":123,"extension":10,"preview":124,"thumb":125,"svgFrame":126,"seoMetadata":127,"parents":129,"keywords":128,"url":134},"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. 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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},[145],{"label":146,"url":147},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":151,"descriptionCustom":6,"label":152,"pages":153,"size":154,"extension":10,"preview":155,"thumb":156,"svgFrame":157,"seoMetadata":158,"parents":159,"keywords":167,"url":168},"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","4",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},[160,163,166],{"label":161,"url":162},"Human Resources","human-resources",{"label":164,"url":165},"Hire an Employee","hire-employee",{"label":32,"url":113},"commission sales agreement","/template/commission-sales-agreement-D532",{"description":170,"descriptionCustom":6,"label":171,"pages":122,"size":123,"extension":10,"preview":172,"thumb":173,"svgFrame":174,"seoMetadata":175,"parents":177,"keywords":180,"url":181},"[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":176,"description":6},"letter of intent_acquisition of business",[178,179],{"label":32,"url":113},{"label":32,"url":113},"letter intent_acquisition business","/template/letter-of-intent_acquisition-of-business-D5197",false,{"seo":184,"reviewer":197,"quick_facts":201,"at_a_glance":204,"personas":208,"variants":233,"glossary":259,"clauses":292,"how_to_fill":338,"common_mistakes":379,"faqs":404,"industries":432,"comparisons":449,"diy_vs_lawyer":463,"jurisdictions":476,"related_template_ids_curated":497,"schema":510,"classification":511},{"meta_title":185,"meta_description":186,"primary_keyword":187,"secondary_keywords":188},"Exclusive Right To Sell Agreement Template | BIB","Free exclusive right to sell agreement template for real estate and business sales. Covers listing terms, commission, duties, and termination.","exclusive right to sell agreement template",[189,190,191,192,193,194,195,196],"exclusive right to sell listing agreement","exclusive right to sell contract template","exclusive right to sell real estate template","listing agreement template","exclusive listing agreement template word","real estate listing contract template","exclusive right to sell template free","exclusive right to sell commission agreement",{"name":198,"credential":199,"reviewed_date":200},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":202,"legal_review_recommended":203,"signature_required":203},"advanced",true,{"what_it_is":205,"when_you_need_it":206,"whats_inside":207},"An Exclusive Right to Sell Agreement is a legally binding contract between a property or business owner (the seller) and a licensed broker or agent that grants the broker the sole right to market and sell the asset during a defined listing period. Regardless of who ultimately procures the buyer — the broker, another agent, or even the seller directly — the listing broker is entitled to the agreed commission. This free Word download covers all essential terms and can be edited online and exported as PDF in minutes.\n","Use it when a property owner or business seller retains a broker to exclusively represent their interests in a sale transaction. It is the standard listing form in residential and commercial real estate, and is equally applicable when engaging a business broker to sell a company or franchise location.\n","Parties and property description, listing period, commission rate and triggers, broker duties and marketing obligations, seller representations, cooperation and MLS participation, protection period, dispute resolution, and governing law.\n",[209,213,217,221,225,229],{"title":210,"use_case":211,"icon_asset_id":212},"Residential property owners","Listing a home or condo with a real estate agent for a fixed sale period","persona-property-owner",{"title":214,"use_case":215,"icon_asset_id":216},"Commercial real estate owners","Engaging a commercial broker to market an office, retail, or industrial property","persona-commercial-landlord",{"title":218,"use_case":219,"icon_asset_id":220},"Business owners selling their company","Retaining a business broker to find and qualify buyers for the business","persona-small-business-owner",{"title":222,"use_case":223,"icon_asset_id":224},"Real estate agents and brokers","Formalizing the listing relationship and commission terms with a new seller client","persona-real-estate-agent",{"title":226,"use_case":227,"icon_asset_id":228},"Franchise owners","Engaging a broker to sell a franchise location while complying with franchisor transfer rules","persona-franchise-applicant",{"title":230,"use_case":231,"icon_asset_id":232},"Estate executors and trustees","Authorizing a broker to list estate or trust-held property on behalf of beneficiaries","persona-legal-professional",[234,238,242,245,249,253,256],{"situation":235,"recommended_template":236,"slug":237},"Granting one broker full exclusive sale rights regardless of who finds the buyer","Exclusive Right to Sell Agreement","exclusive-right-to-sell-D1174",{"situation":239,"recommended_template":240,"slug":241},"Allowing the seller to find their own buyer without paying commission","Exclusive Agency Listing Agreement","exclusive-listing-agreement-D13268",{"situation":243,"recommended_template":244,"slug":241},"Listing with multiple brokers on a non-exclusive basis","Open Listing Agreement",{"situation":246,"recommended_template":247,"slug":248},"Engaging a broker to find a buyer for a business rather than real property","Business Broker Agreement","broker-carrier-agreement-D13251",{"situation":250,"recommended_template":251,"slug":252},"Authorizing a broker to find a tenant rather than a buyer","Exclusive Leasing Agreement","exclusive-lease-agreement-D12808",{"situation":254,"recommended_template":255,"slug":248},"Setting co-brokerage and commission split terms with a buyer's agent","Cooperating Broker Agreement",{"situation":257,"recommended_template":258,"slug":241},"Extending an expired listing period with the same broker","Listing Agreement Extension Addendum",[260,262,265,268,271,274,277,280,283,286,289],{"term":7,"definition":261},"A listing arrangement in which the broker earns the agreed commission if the property sells during the listing period, regardless of who procures the buyer.",{"term":263,"definition":264},"Listing Period","The defined start and end dates during which the broker has the exclusive right to market and sell the property.",{"term":266,"definition":267},"Commission Rate","The percentage of the final sale price — or a fixed fee — that the seller agrees to pay the listing broker upon a completed transaction.",{"term":269,"definition":270},"Protection Period","A defined window after the listing expires during which the broker is still entitled to commission if the property is sold to a buyer the broker introduced during the listing period.",{"term":272,"definition":273},"MLS (Multiple Listing Service)","A shared database of listed properties operated by real estate associations that cooperating agents use to locate properties for buyer clients.",{"term":275,"definition":276},"Cooperating Broker","A broker representing the buyer who works with the listing broker and typically receives a portion of the total commission upon a successful sale.",{"term":278,"definition":279},"Dual Agency","A situation in which the same broker or brokerage represents both the seller and the buyer in the same transaction, creating a potential conflict of interest.",{"term":281,"definition":282},"Seller's Representations","The seller's written warranties in the listing agreement confirming ownership, authority to sell, and the absence of undisclosed liens or encumbrances.",{"term":284,"definition":285},"Net Proceeds","The amount the seller receives from the sale after deducting commissions, closing costs, outstanding mortgage balances, and other transaction expenses.",{"term":287,"definition":288},"Earnest Money","A deposit made by the prospective buyer to demonstrate serious intent, held in escrow and typically applied toward the purchase price at closing.",{"term":290,"definition":291},"Encumbrance","Any claim, lien, mortgage, or restriction that affects the seller's ability to convey clear title to a buyer.",[293,298,303,308,313,318,323,328,333],{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Parties and property description","Identifies the seller(s) by legal name, confirms their authority to sell, and provides a precise legal description of the property or business being listed.","This Exclusive Right to Sell Agreement is entered into on [DATE] between [SELLER FULL LEGAL NAME] ('Seller') and [BROKERAGE LEGAL NAME], represented by [AGENT NAME] ('Broker'). The Property is described as [LEGAL DESCRIPTION / ADDRESS], [CITY], [STATE/PROVINCE], [ZIP/POSTAL CODE].","Using a street address alone instead of the full legal property description. If the legal description and the address don't match on title, closing can be delayed or voided.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Listing period","Sets the exact start and end dates of the broker's exclusive authority, creating a clear expiration after which the seller may relist with any broker or sell independently.","The listing period commences on [START DATE] and expires at 11:59 PM on [END DATE] ('Listing Period'). Either party may extend the Listing Period by written addendum signed by both parties.","Leaving the listing period open-ended or rolling. Without a fixed end date, sellers have no clear right to terminate or relist, and disputes over ongoing commission obligations are common.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Commission rate and payment trigger","States the commission percentage or flat fee, and the specific events that obligate the seller to pay — a signed purchase agreement, a completed closing, or both.","Seller agrees to pay Broker a commission of [X]% of the gross sale price ('Commission') upon the earlier of: (a) execution of a binding purchase agreement during the Listing Period; or (b) closing of title to a ready, willing, and able buyer.","Tying commission solely to closing without addressing what happens when a buyer defaults after a signed purchase agreement. If the seller keeps the buyer's earnest money, the broker may be entitled to a portion under this clause.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Broker's duties and marketing obligations","Specifies what the broker commits to do — MLS entry, marketing activities, open houses, showing coordination — and the timeline for performance.","Broker shall: (a) list the Property on [MLS NAME] within [X] business days of the commencement date; (b) develop and implement a written marketing plan; (c) present all offers to Seller promptly; and (d) cooperate with other licensed brokers to procure qualified buyers.","Omitting specific marketing commitments. A vague 'best efforts' obligation is unenforceable — specifying MLS entry timing, digital advertising, and open-house scheduling gives the seller recourse if the broker underperforms.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Seller's obligations and representations","Requires the seller to cooperate with showings, maintain the property in reasonable condition, disclose known defects, and warrant that they have clear authority to sell.","Seller represents and warrants that: (a) Seller holds marketable title to the Property free of undisclosed encumbrances; (b) Seller has full authority to enter this Agreement; and (c) Seller will provide reasonable access for showings upon [X] hours' notice.","No representations about title or encumbrances. If an undisclosed lien surfaces at closing, both the sale and the commission obligation can unravel.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Protection period","Extends the broker's commission rights for a defined number of days after the listing expires if the property is sold to a buyer the broker introduced during the listing period.","If, within [60] days after the expiration of the Listing Period, the Property is sold to or under contract with any person to whom Broker submitted or introduced the Property during the Listing Period, Seller shall pay Broker the full Commission.","Setting the protection period without requiring the broker to deliver a written list of introduced buyers before or at expiration. Without a written list, the seller cannot determine who qualifies and disputes are nearly inevitable.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Dual agency and conflict-of-interest disclosure","Discloses whether the broker may represent both seller and buyer in the same transaction, and what consent is required before dual agency can proceed.","Broker may represent both Seller and a potential buyer ('Dual Agency') only with the prior written informed consent of both parties. In a dual agency, Broker shall act as a neutral party and shall not disclose either party's confidential information to the other.","Burying the dual-agency consent in fine print or omitting it entirely. Most US states and Canadian provinces require explicit, informed written consent for dual agency — failing to obtain it can void the transaction and expose the broker to license sanctions.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Termination and early cancellation","Describes the conditions under which either party may terminate the agreement before expiration — material breach, mutual written consent, or seller incapacity — and the consequences for each.","Either party may terminate this Agreement for material breach upon [X] days' written notice if the breach is not cured within that period. Seller may cancel by mutual written agreement subject to payment of Broker's documented marketing expenses not to exceed $[AMOUNT].","No termination clause at all, or a clause that requires only one party's written notice with no compensation mechanism. Sellers who cancel freely deprive brokers of marketing-cost recovery; brokers who refuse to release uncooperative sellers expose their reputation.",{"name":334,"plain_english":335,"sample_language":336,"common_mistake":337},"Governing law and dispute resolution","Specifies which jurisdiction's real estate and contract law governs the agreement, and whether disputes go to arbitration, mediation, or court.","This Agreement shall be governed by the laws of [STATE / PROVINCE]. Any dispute arising out of or relating to this Agreement shall be submitted first to non-binding mediation, and if unresolved within [30] days, to binding arbitration under the rules of [AAA / LOCAL REAL ESTATE ARBITRATION BODY].","No dispute resolution clause. Real estate commission disputes are among the most litigated brokerage issues — a mandatory mediation step before arbitration resolves most disputes faster and cheaper than litigation.",[339,344,349,354,359,364,369,374],{"step":340,"title":341,"description":342,"tip":343},1,"Identify all parties with their full legal names","Enter the seller's legal name exactly as it appears on the property deed or business ownership records. For brokerage entities, use the registered firm name followed by the individual agent's name and license number.","If the property is held in a trust or LLC, the signatory must be the trustee or authorized member — confirm this before execution or the agreement may be unenforceable.",{"step":345,"title":346,"description":347,"tip":348},2,"Insert the complete property or business description","Use the full legal description from the most recent deed or title report, not just the street address. For a business sale, include the business name, entity type, and EIN.","Pull the legal description directly from the county assessor or land registry record — copy-pasting from memory or a prior listing introduces errors that can surface at closing.",{"step":350,"title":351,"description":352,"tip":353},3,"Set specific listing period start and end dates","Enter a concrete start date (typically the agreement signing date) and an end date that reflects your market — 90 to 180 days is standard for residential; 6 to 12 months for commercial and business sales.","Avoid calendar year-end expiration dates in active markets; they create pressure to accept below-market offers rather than relist.",{"step":355,"title":356,"description":357,"tip":358},4,"Define the commission rate and payment trigger","State the commission as a percentage of gross sale price or as a flat fee. Specify whether commission is earned on execution of a binding purchase agreement, at closing, or both. Address the earnest-money-forfeiture scenario explicitly.","If you are offering a cooperating broker's commission to buyer's agents through the MLS, state the split here or in an attached MLS input form to avoid disputes with cooperating brokers.",{"step":360,"title":361,"description":362,"tip":363},5,"List the broker's specific marketing commitments","Enumerate the marketing activities the broker agrees to perform — MLS entry within a specific number of days, professional photography, digital advertising platforms, open houses, and showing-management protocol.","Attach the broker's written marketing plan as an exhibit. It becomes part of the contract and gives the seller a concrete benchmark for performance.",{"step":365,"title":366,"description":367,"tip":368},6,"Set the protection period and require a buyer introduction list","Enter the number of days for the post-expiration protection period — 30 to 90 days is typical. Add a clause requiring the broker to deliver a written list of introduced buyers to the seller on or before the expiration date.","Cap the protection period at 60 days unless the broker can demonstrate that active negotiations with a specific buyer are underway at expiration.",{"step":370,"title":371,"description":372,"tip":373},7,"Address dual agency consent and disclosures","Choose whether dual agency is permitted, prohibited, or permitted only with advance written consent. If permitted, include a clear disclosure of what dual agency means in your jurisdiction and have both parties initial the section.","In states or provinces where designated agency is available, consider it as an alternative to full dual agency — it reduces conflicts while keeping the transaction in-house.",{"step":375,"title":376,"description":377,"tip":378},8,"Sign before marketing begins","Both the seller and the authorized broker representative must sign and date the agreement before any marketing activity commences, including MLS entry, signage, or digital advertising.","Use a timestamped eSign solution and retain the fully executed copy in a secure document vault — MLS compliance audits and commission disputes both require a dated, signed original.",[380,384,388,392,396,400],{"mistake":381,"why_it_matters":382,"fix":383},"No fixed listing period end date","An open-ended or automatically renewing listing locks the seller into an exclusive arrangement indefinitely, making it extremely difficult to switch brokers even if performance is poor.","Always set a specific calendar end date. Most state real estate commissions recommend 90 to 180 days for residential listings; negotiate shorter initial terms with extension options.",{"mistake":385,"why_it_matters":386,"fix":387},"Vague commission payment trigger","If the contract says commission is due 'upon sale' without defining what that means, disputes arise when a deal falls through after a purchase agreement is signed but before closing.","Define the trigger precisely — specify whether commission is earned at executed purchase agreement, at closing, or upon a ready-willing-and-able buyer being produced, and address earnest-money-forfeiture scenarios.",{"mistake":389,"why_it_matters":390,"fix":391},"Omitting the protection period buyer list requirement","Without a written list of introduced buyers delivered at expiration, sellers relisting with a new broker have no way to know which prospects are subject to the prior broker's protection period — leading to double-commission liability.","Add a clause requiring the listing broker to deliver a written list of all introduced buyers no later than the agreement expiration date, and limit the protection period to named buyers on that list.",{"mistake":393,"why_it_matters":394,"fix":395},"Skipping the dual agency consent clause","Dual agency without explicit informed written consent violates real estate licensing laws in most US states and Canadian provinces, exposing the broker to license suspension and the seller to voidable transactions.","Include a clearly worded dual agency disclosure and consent block, and have the seller initial it separately at signing — not just sign the overall agreement.",{"mistake":397,"why_it_matters":398,"fix":399},"No broker marketing obligations beyond 'best efforts'","A 'best efforts' marketing clause is practically unenforceable. Sellers have no recourse if the broker fails to enter the listing on MLS, skips open houses, or delays professional photography.","Enumerate specific deliverables with timelines — MLS entry within 3 business days, professional photography within 7 days, minimum of one open house per month — and attach the broker's marketing plan as a contract exhibit.",{"mistake":401,"why_it_matters":402,"fix":403},"No early termination provision","Without a termination clause, a seller who is dissatisfied with broker performance is locked into the agreement until expiration, and the broker may claim full commission on any sale that occurs regardless of their contribution.","Include a mutual termination option triggered by material breach with a cure period, and cap the seller's termination liability to documented, out-of-pocket marketing expenses.",[405,408,411,414,417,420,423,426,429],{"question":406,"answer":407},"What is an exclusive right to sell agreement?","An exclusive right to sell agreement is a listing contract between a property or business owner and a licensed broker that grants the broker the sole right to market and sell the asset during a defined period. The broker earns the agreed commission regardless of who ultimately finds the buyer — the broker, a cooperating agent, or even the seller themselves. It is the most common listing structure in residential and commercial real estate because it gives the broker the strongest incentive to invest in marketing.\n",{"question":409,"answer":410},"What is the difference between exclusive right to sell and exclusive agency?","Under an exclusive right to sell, the broker earns commission no matter who procures the buyer, including the seller acting independently. Under an exclusive agency listing, the seller retains the right to find their own buyer and avoid paying a commission — but only one broker is authorized to list and market the property. Exclusive agency listings are less common because they reduce the broker's incentive to invest in marketing.\n",{"question":412,"answer":413},"What commission rate is standard in an exclusive right to sell agreement?","Commission rates are not legally fixed and are always negotiable between the seller and the broker. In US residential real estate, total commissions have historically ranged from 5% to 6% of the gross sale price, often split between the listing broker and a cooperating buyer's agent. Following the 2024 NAR settlement, commission structures have become more variable and buyer-agent compensation is increasingly negotiated separately. Commercial and business broker commissions vary widely, typically ranging from 5% to 10% depending on transaction size.\n",{"question":415,"answer":416},"What is the protection period in a listing agreement?","The protection period — sometimes called the safety clause or holdover clause — is a defined window of time after the listing expires during which the broker remains entitled to commission if the property is sold to a buyer the broker introduced during the active listing period. Typical protection periods run 30 to 90 days. To qualify, the broker must usually have delivered a written list of introduced buyers to the seller on or before the expiration date.\n",{"question":418,"answer":419},"Can a seller cancel an exclusive right to sell agreement?","Cancellation rights depend entirely on what the agreement says. Most listing agreements do not include a unilateral seller cancellation right — the seller is bound for the listing period unless the broker consents in writing or has materially breached its obligations. Some agreements allow early cancellation subject to reimbursement of the broker's documented marketing expenses. Sellers should negotiate a cancellation clause before signing rather than after a dispute arises.\n",{"question":421,"answer":422},"Does an exclusive right to sell agreement need to be notarized?","Notarization is generally not required for a listing agreement to be valid and enforceable in most US states or Canadian provinces. However, some state real estate commission regulations require listing agreements to be in writing and signed by the seller and a licensed broker representative. Check the specific requirements of the governing jurisdiction — a licensed real estate attorney or broker can confirm local formalities.\n",{"question":424,"answer":425},"What happens if the property doesn't sell before the listing expires?","If the property does not sell within the listing period, the exclusive right to sell agreement expires and the seller is free to relist with any broker or pursue a private sale — subject to the protection period clause for buyers already introduced by the broker. No commission is owed simply because the property failed to sell, unless the broker produced a ready, willing, and able buyer at the seller's listed price and the seller refused the offer.\n",{"question":427,"answer":428},"What is dual agency, and should I allow it in my listing agreement?","Dual agency occurs when the same broker or brokerage represents both the seller and the buyer in the same transaction. It creates an inherent conflict because the broker cannot fully advocate for both parties simultaneously. Most jurisdictions permit dual agency only with explicit, informed written consent from both parties. Sellers who allow dual agency may gain a faster sale when the listing broker has an in-house buyer, but they typically receive less aggressive price negotiation. Many sellers prefer designated agency — separate agents within the same brokerage — as a less conflicted alternative.\n",{"question":430,"answer":431},"Is an exclusive right to sell agreement used for business sales as well as real estate?","Yes. Business brokers commonly use an exclusive right to sell agreement — sometimes called an exclusive listing or business broker engagement letter — when representing a business owner in the sale of their company, franchise, or commercial operation. The structure is similar to real estate: the broker earns a commission (often 8% to 12% for smaller businesses) regardless of who finds the buyer, for the duration of the engagement period. Business sale listings typically run 6 to 18 months given longer transaction timelines.\n",[433,437,441,445],{"industry":434,"icon_asset_id":435,"specifics":436},"Residential Real Estate","industry-real-estate","Standard MLS entry requirements, cooperating broker commission splits, seller disclosure obligations, and state-specific listing agreement forms issued by local REALTOR associations.",{"industry":438,"icon_asset_id":439,"specifics":440},"Commercial Real Estate","industry-commercial-real-estate","Longer listing periods of 6 to 12 months, exclusive brokerage rights covering both sale and lease, co-brokerage arrangements with tenant-rep firms, and commission structures based on NOI multiples.",{"industry":442,"icon_asset_id":443,"specifics":444},"Business Brokerage","industry-professional-services","Engagement periods of 12 to 18 months, success fees tied to total enterprise value including assumed liabilities, confidentiality requirements during buyer outreach, and franchisor approval conditions.",{"industry":446,"icon_asset_id":447,"specifics":448},"Franchise and Retail","industry-retail","Franchisor right-of-first-refusal clauses that affect commission timing, transfer fee coordination, and buyer qualification requirements set by the franchisor rather than the seller.",[450,453,456,460],{"vs":240,"vs_template_id":451,"summary":452},"D{EXCLUSIVE_AGENCY_LISTING_ID}","An exclusive agency listing allows the seller to find their own buyer without paying commission — only the broker is excluded from competing for that fee. An exclusive right to sell requires commission regardless of who procures the buyer. Brokers prefer the exclusive right to sell because it justifies higher marketing investment; sellers may prefer exclusive agency when they already have a prospect in mind.",{"vs":244,"vs_template_id":454,"summary":455},"D{OPEN_LISTING_ID}","An open listing authorizes multiple brokers simultaneously, with commission going only to the one who closes the deal. It offers maximum seller flexibility but minimal broker incentive — most agents decline to invest in marketing without exclusive protection. An exclusive right to sell produces more active, better-resourced marketing in exchange for the seller's exclusivity commitment.",{"vs":457,"vs_template_id":458,"summary":459},"Buyer Representation Agreement","D{BUYER_REPRESENTATION_ID}","A buyer representation agreement creates an exclusive relationship between a buyer and their agent — the mirror image of a listing agreement. The exclusive right to sell governs the seller-broker relationship; the buyer representation agreement governs the buyer-broker relationship. Both define duties, compensation, and term, but for opposite sides of the same transaction.",{"vs":88,"vs_template_id":461,"summary":462},"property-management-agreement-D1163","A property management agreement engages a manager to operate an income-producing property on an ongoing basis — collecting rent, coordinating maintenance, and managing tenants. An exclusive right to sell is a time-limited engagement to sell the property. The two documents may overlap when a manager is also given authority to sell, but they should be kept as separate agreements with distinct scopes.",{"use_template":464,"template_plus_review":468,"custom_drafted":472},{"best_for":465,"cost":466,"time":467},"Residential sellers and agents using standard state association listing forms with customized terms","Free","15–30 minutes",{"best_for":469,"cost":470,"time":471},"Commercial property listings, business sales, or any transaction exceeding $500K in value","$300–$800","1–3 days",{"best_for":473,"cost":474,"time":475},"Complex commercial or multi-property portfolios, cross-border transactions, or listings involving trusts, estates, or regulated entities","$1,500–$5,000+","1–2 weeks",[477,482,487,492],{"code":478,"name":479,"flag_asset_id":480,"note":481},"us","United States","flag-us","Listing agreements are governed by state real estate commission regulations, which vary significantly. Most states require written listing agreements with a definite expiration date — open-ended listings are prohibited in many jurisdictions. The 2024 NAR settlement introduced new rules requiring buyer-agent compensation to be negotiated separately rather than through the MLS, affecting how cooperating broker commissions are structured in listing agreements. California, Texas, and Florida each publish state-specific listing forms through their REALTOR associations.",{"code":483,"name":484,"flag_asset_id":485,"note":486},"ca","Canada","flag-ca","Real estate is provincially regulated in Canada. The Ontario Real Estate Association (OREA), the British Columbia Real Estate Association (BCREA), and equivalent bodies in other provinces publish standard listing forms that satisfy provincial licensing requirements. Listing agreements in Quebec must comply with the Broker Act (Loi sur le courtage immobilier) and are typically administered through the Chambre immobilière du Québec; French-language documentation is required for provincially regulated transactions in Quebec.",{"code":488,"name":489,"flag_asset_id":490,"note":491},"uk","United Kingdom","flag-uk","Estate agents in England and Wales are regulated under the Estate Agents Act 1979, which requires written terms of engagement before marketing commences. The Consumer Protection from Unfair Trading Regulations 2008 imposes disclosure obligations on agents. Scotland operates under a separate solicitor-based conveyancing system where solicitor estate agents are common, and Home Reports are mandatory before listing. Commission is typically a percentage of the achieved sale price, negotiated at instruction.",{"code":493,"name":494,"flag_asset_id":495,"note":496},"eu","European Union","flag-eu","Real estate agency regulation varies significantly across EU member states — there is no harmonized EU framework for listing agreements. Germany, France, and Spain each have distinct agency law and commission-disclosure requirements. In France, the Loi Hoguet strictly regulates mandates (listing agreements) and requires a written mandat exclusif for exclusive listings. GDPR applies to all personal data collected during the marketing process, requiring sellers and brokers to maintain a lawful basis for processing prospective buyer information.",[498,499,500,501,502,503,504,505,506,507,508,509],"property-management-agreement-D1196","asset-purchase-agreement-for-a-real-estate-property-D930","non-disclosure-agreement-nda-D12692","independent-contractor-agreement-D160","commission-sales-agreement-D532","letter-of-intent_acquisition-of-business-D5197","asset-purchase-agreement-D928","agreement-of-purchase-and-sale-of-business-assets-D318","service-agreement-D12711","general-power-of-attorney-D1037","confidentiality-agreement-D950","offer-to-purchase-real-estate-property-D1190",{"emit_how_to":203,"emit_defined_term":203},{"primary_folder":113,"secondary_folder":512,"document_type":513,"industry":514,"business_stage":515,"tags":516,"confidence":521},"real-estate-and-leases","agreement","real-estate","all-stages",[514,517,518,519,520],"exclusive-listing","broker-agreement","sales-commission","property-marketing",0.95,"\u003Ch2>What is an Exclusive Right to Sell Agreement?\u003C/h2>\n\u003Cp>An \u003Cstrong>Exclusive Right to Sell Agreement\u003C/strong> is a legally binding contract between a property or business owner and a licensed broker that grants the broker the sole authority to market and sell the asset during a defined listing period. The defining feature is its commission trigger: unlike other listing structures, the exclusive right to sell entitles the broker to the agreed commission regardless of who ultimately procures the buyer — whether that is the listing broker, a cooperating buyer's agent, or the seller acting independently. This unconditional commission protection gives brokers the incentive to invest in professional photography, MLS entry, digital advertising, and active buyer outreach that less protected listing types rarely generate.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed exclusive right to sell agreement, neither party has enforceable obligations: the broker can walk away from a marketing investment with no recourse, and the seller can bypass the broker to avoid paying a commission they verbally agreed to. The consequences are asymmetric and serious. A seller who proceeds without a written listing agreement may find themselves in a commission dispute when a buyer the broker quietly introduced resurfaces months later. A broker who begins marketing without a signed agreement has no legal basis to recover their costs or commission if the seller cancels, accepts a private offer, or relists elsewhere. Beyond dispute prevention, this agreement defines the seller's disclosure obligations, the broker's marketing duties, and the protection-period rules that determine post-expiration liability — details that an informal arrangement leaves dangerously ambiguous. This template gives both parties a clear, enforceable framework from day one, closing the gaps that most listing disputes exploit.\u003C/p>\n",1778773458273]