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Exclusive Sale And Listing Agreement Template for Canada

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Key Requirements PROMPT example:

Exclusive Sale And Listing Agreement

"I need an Exclusive Sale And Listing Agreement for my luxury residential property in Vancouver, with specific provisions for high-end digital marketing and virtual tours, including drone photography, and a six-month listing period starting March 1, 2025."

Document background
The Exclusive Sale And Listing Agreement is a fundamental document in Canadian real estate transactions, used when a property owner wishes to engage a real estate brokerage's services with exclusive rights to sell their property. This agreement is particularly important as it establishes the sole authority of the brokerage to market and sell the property, protecting both the brokerage's interests and ensuring focused, dedicated service to the seller. The document typically includes comprehensive details about the property, listing price, commission structure, marketing strategies, and the obligations of both parties. It must comply with provincial real estate regulations and consumer protection laws, and is commonly used in residential and commercial property sales throughout Canada. The agreement's exclusive nature means that the seller cannot engage other brokerages during the contract period, ensuring a coordinated and efficient sales process.
Suggested Sections

1. Parties: Identifies the seller(s) and the brokerage/agent, including full legal names, addresses, and licensing details for the brokerage

2. Background: Brief context stating the seller's intention to sell the property and engage the brokerage's services

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', 'Commission', and 'Exclusive Right to Sell'

4. Property Description: Detailed description of the property being listed, including legal description and municipal address

5. Appointment and Authority: Establishes the exclusive right of the brokerage to sell the property and act on behalf of the seller

6. Listing Terms: Specifies the listing price, listing period, and any conditions for extension or early termination

7. Commission Structure: Details the commission rate, when it becomes payable, and any additional fees

8. Seller's Representations and Warranties: Seller's confirmations regarding property ownership, authority to sell, and property condition

9. Brokerage Services and Obligations: Outlines the services the brokerage will provide, including marketing efforts and showing arrangements

10. Seller's Obligations: Details the seller's responsibilities including property access, cooperation with showings, and disclosure requirements

11. Marketing Authorization: Permissions for advertising, signage, photography, and use of property information in marketing materials

12. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

13. Execution: Signature blocks, date, and witness requirements

Optional Sections

1. Holdover Period: Used when including provisions for commission payment if the property sells after the listing period to a buyer introduced during the listing period

2. Virtual Tours and Digital Marketing: Include when specific digital marketing strategies and virtual showing arrangements are needed

3. Multiple Listing Service (MLS) Terms: Required when the property will be listed on MLS, specifying terms of listing and data sharing

4. Property Management: Include when the property is tenant-occupied or requires specific management during the listing period

5. International Marketing: Used when the property will be marketed internationally, including additional marketing terms and considerations

6. Dual Agency Provisions: Include when the brokerage may potentially represent both buyer and seller

7. Privacy Policy: Detailed section about handling of personal information when required by specific provincial regulations

Suggested Schedules

1. Schedule A - Property Details: Comprehensive property description, including fixtures, chattels, and exclusions

2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the brokerage

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures, including any sliding scales or special circumstances

4. Schedule D - Property Disclosure Statement: Seller's disclosures regarding property condition and known issues

5. Schedule E - Photography and Virtual Tour Authorization: Specific terms for property photography and virtual tour creation and usage

6. Appendix 1 - Required Provincial Disclosures: Mandatory disclosures required by provincial real estate regulations

7. Appendix 2 - Agency Relationship Disclosure: Explanation of agency relationships and obligations as required by provincial law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses
























Relevant Industries

Real Estate

Property Development

Legal Services

Property Management

Construction

Banking and Finance

Insurance

Property Investment

Relevant Teams

Legal

Real Estate Operations

Sales

Compliance

Documentation

Business Development

Marketing

Property Management

Transaction Processing

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Attorney

Legal Counsel

Contract Administrator

Real Estate Marketing Manager

Business Development Manager

Real Estate Sales Director

Compliance Officer

Document Specialist

Property Valuation Specialist

Transaction Coordinator

Real Estate Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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