AI Exclusive Listing Agreement

This Exclusive Listing Agreement grants the Broker the sole and exclusive right to market and sell the Property for the Listing Period. Under this agreement, the Seller owes the commission to the Broker even if the Seller finds a buyer independently during the term (or protection period). The agreement must specify the listing price, commission rate, expiration date, and Broker's duties. This form is governed by applicable state real estate licensing laws and the NAR Code of Ethics. All parties should confirm compliance with their state's specific requirements.

Important Note: This is a general template for use in the United States. Real estate brokerage agreements are heavily regulated at the state level. Required disclosures, agency relationships, commission rules, and contract formalities differ by state. Customize and verify for the Property's jurisdiction before use.

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EXCLUSIVE LISTING AGREEMENT

This Exclusive Listing Agreement (the "Agreement") is made on [[Agreement Date]] by and between:

Seller: [[Seller Full Legal Name(s)]] ("Seller"), whose address for notices is [[Seller Mailing Address]]; and

Broker: [[Brokerage Firm Full Legal Name]] ("Broker"), represented by [[Listing Agent Full Name and License #]], whose address for notices is [[Broker Address]].

1. Property

Broker is granted the exclusive right to sell the real property located at:

[[Full Street Address]]
[[City]], [[State]] [[ZIP Code]]
Legal Description: [[Legal Description or "See attached Exhibit A"]]
Parcel / APN: [[Parcel or Tax ID Number]]
(collectively, the "Property").

The Property includes the land, all improvements, fixtures, and appurtenances, and any included personal property listed in Exhibit B (if any). Seller represents that Seller has the authority to sell the Property and that title is marketable, subject only to matters of record disclosed to Broker.

2. Type of Listing - Exclusive Right to Sell

This is an Exclusive Right-to-Sell listing. Broker has the sole and exclusive right to market and sell the Property during the Listing Period. Seller agrees that if the Property is sold or a buyer is procured during the Listing Period (or any protection/holdover period) by Broker, by Seller, or by anyone else, Seller shall pay Broker the compensation provided in Section 5.

3. Listing Period / Term

The Listing Period begins on [[Listing Start Date]] and expires at 11:59 p.m. on [[Listing Expiration Date]], unless extended in writing by the parties or terminated earlier as provided herein.

4. Listing Price

The initial listing price is $[[Listing Price]]. Broker is authorized to negotiate offers and present all offers to Seller. Seller may adjust the listing price in writing at any time.

5. Compensation / Commission

5.1 Total Commission. Seller agrees to pay Broker a total commission of [[Commission Rate - e.g., 5% or $X flat]] of the gross sale price (or other agreed amount), payable at closing.

5.2 Cooperating Broker / MLS Split. Broker may offer a portion of the commission (typically [[Cooperating Broker Offer - e.g., 2.5%]]) to cooperating brokers who procure a buyer through the MLS or otherwise. Any such offer is a unilateral offer of compensation and may be modified by Broker with notice.

5.3 When Earned and Payable. The commission is earned and payable if:

(a) A ready, willing, and able buyer is procured on terms acceptable to Seller during the Listing Period; or

(b) The Property is sold or exchanged during the Listing Period or any protection period by Seller, Broker, or any other person; or

(c) Seller defaults and the transaction does not close.

5.4 Protection / Holdover Period. If the Property is sold within [[Protection Period - e.g., 90]] days after expiration or termination of this Agreement to any buyer who was introduced to the Property by Broker (or through Broker's marketing) during the Listing Period, Seller shall pay the full commission to Broker. Broker shall provide Seller a list of such protected buyers within [[e.g., 10]] days after termination.

6. Broker's Duties and Authority

Broker shall:

1. Use reasonable efforts to market the Property, including listing in the MLS, syndication to major real estate portals, professional photography, virtual tours, signage, and open houses as appropriate.

2. Present all offers and counteroffers promptly and advise Seller on negotiations.

3. Provide Seller with regular reports on marketing activity and feedback.

4. Cooperate with other brokers in accordance with MLS rules and applicable law.

5. Assist with coordinating inspections, appraisals, and closing as requested.

6. Comply with all applicable fair housing laws and the NAR Code of Ethics.

Broker is authorized to:

• Place a lockbox on the Property (with Seller consent).
• Use Seller's name in marketing only as necessary.
• Order and pay for customary marketing services (to be reimbursed from proceeds or as agreed).
• Disclose to prospective buyers that Broker represents Seller (and any dual agency as disclosed below).

7. Seller's Obligations and Representations

Seller shall:

1. Provide Broker accurate information about the Property, including all known material defects and required disclosures.

2. Make the Property available for showings with reasonable notice (lockbox access preferred).

3. Execute all documents reasonably necessary to effect a sale.

4. Pay all agreed commissions and any marketing expenses authorized in writing.

5. Not list the Property with any other broker during this Agreement.

Seller represents that:

• Seller has full authority to enter this Agreement and sell the Property.
• There are no undisclosed liens, encumbrances, or title issues that would prevent marketable title.
• All information provided to Broker is true and complete to the best of Seller's knowledge.
• Seller will comply with all applicable disclosure laws (lead paint, Megan's Law, natural hazards, etc.).

8. Agency Disclosure and Dual Agency

Broker represents Seller as a seller's agent. In some transactions, Broker (or an affiliated licensee) may represent both Seller and a buyer (dual agency). Dual agency requires the informed written consent of both parties and limits the Broker's duties of undivided loyalty.

Initial here if dual agency is authorized: Seller: _____ Broker: _____

If dual agency is not authorized, Broker will not represent buyers of this Property without Seller's prior written consent.

9. MLS Authorization

Seller authorizes Broker to submit the Property to the [[MLS Name / Association]] and to provide all information required or customary for MLS listings, including photographs and virtual tours. Seller grants Broker a non-exclusive license to use photographs and descriptions for marketing the Property.

10. Lockbox, Signage, and Marketing Materials

Seller authorizes Broker to install a lockbox and yard sign(s). Seller shall provide keys, garage openers, and access codes as needed. All marketing materials created by Broker remain Broker's property, but Seller may use listing photos for personal purposes after closing.

11. Termination

Either party may terminate this Agreement before expiration by written notice if the other party materially breaches and fails to cure within [[e.g., 5]] business days after notice. Upon termination, Broker shall be entitled to the protection period compensation described in Section 5 for protected buyers.

12. Indemnification

Seller shall indemnify and hold Broker harmless from claims arising from Seller's breach of representations, failure to disclose material facts, or any title defect, except to the extent caused by Broker's negligence or willful misconduct.

13. Dispute Resolution

Any dispute arising out of this Agreement shall first be submitted to mediation (if available through the local REALTOR association). If unresolved, disputes shall be resolved by binding arbitration in accordance with the rules of [[Arbitration Body, e.g., AAA]] in the county where the Property is located. The prevailing party shall be entitled to reasonable attorneys' fees and costs.

14. Governing Law

This Agreement is governed by the laws of the State of [[State]], without regard to conflict of laws principles. Venue is in the county where the Property is located.

15. Entire Agreement; Amendments; Severability

This Agreement, including all exhibits, constitutes the entire agreement and supersedes prior discussions. It may be amended only in a signed writing. If any provision is invalid, the remainder remains in effect. Electronic signatures are accepted.

16. Counterparts

This Agreement may be executed in counterparts, each of which is deemed an original.

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Signatures

SELLER

Signature: __________________________________ Date: _________
Printed Name: [[Seller Full Legal Name(s)]]

Signature: __________________________________ Date: _________
Printed Name: [[Co-Seller Name if applicable]]

BROKER

Signature: __________________________________ Date: _________
Printed Name / Title: [[Broker or Authorized Signatory]]
License #: [[Broker License Number]]
Brokerage: [[Brokerage Firm Name]]

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Exhibits

Exhibit A - Legal Description (if not in body)
Exhibit B - Included / Excluded Personal Property
Exhibit C - Seller's Property Disclosure Statement (if required/attached)
Exhibit D - Lead-Based Paint Disclosure (if pre-1978)

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Disclaimer: This is a template example. It is not professional legal, financial, tax, or real estate advice. Brokerage agreements must comply with state licensing laws, agency disclosure statutes, and MLS rules. Commission structures, dual agency rules, and required forms vary by state. Verify current requirements with a licensed real estate attorney or the state real estate commission before use. NAR Code of Ethics and state rules apply.

Sources / As of: NAR Code of Ethics and general exclusive listing agreement forms; state real estate licensing laws (general U.S. practice, 2026). Specific state forms and statutes control.