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Seller And Agent Agreement Template for Canada

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Key Requirements PROMPT example:

Seller And Agent Agreement

"I need a Seller and Agent Agreement for my residential property in Toronto, with a 6-month exclusive listing period starting March 1, 2025, including provisions for virtual showings and international marketing."

Document background
The Seller and Agent Agreement is a fundamental document in Canadian real estate transactions, used to establish and govern the professional relationship between property owners and real estate professionals. This agreement is essential when a property owner wishes to engage a licensed real estate agent or brokerage to market and sell their property. It details crucial elements such as the agent's authority, commission structure, marketing commitments, and service obligations, while ensuring compliance with provincial real estate regulations and federal laws. The document protects both parties' interests by clearly defining responsibilities, establishing performance expectations, and outlining the terms of the business relationship. It's particularly important in Canada where real estate transactions are subject to strict provincial licensing requirements and regulatory oversight.
Suggested Sections

1. Parties: Identification of the seller(s) and the real estate agent/brokerage, including full legal names, addresses, and licensing details

2. Background: Context of the agreement, including basic property information and the intention to establish an agency relationship

3. Definitions: Key terms used throughout the agreement, including technical real estate terminology and contract-specific definitions

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the seller

5. Property Details: Comprehensive description of the property being listed for sale

6. Listing Terms: Details of the listing period, listing price, and type of listing (exclusive, multiple, etc.)

7. Agent's Obligations: Detailed responsibilities and services to be provided by the agent

8. Seller's Obligations: Seller's responsibilities, including providing accurate information and property access

9. Compensation: Commission structure, payment terms, and conditions for commission earning

10. Marketing and Advertising: Agreed-upon marketing strategies and advertising commitments

11. Confidentiality: Provisions regarding confidential information handling and privacy protection

12. Term and Termination: Duration of the agreement and conditions for termination

13. Dispute Resolution: Procedures for handling disagreements and conflicts

14. General Provisions: Standard clauses including governing law, amendments, and notices

15. Execution: Signature blocks and date of agreement

Optional Sections

1. Team Representation: Details of additional team members who may represent the seller, used when the agent works with a team

2. International Marketing: Specific provisions for marketing the property internationally, included when targeting foreign buyers

3. Virtual Services: Provisions for virtual showings and digital services, included when offering extensive online services

4. Dual Agency: Provisions for situations where the agent may represent both buyer and seller, included where permitted by law

5. Property Management: Terms for managing the property during the listing period, included for vacant properties

6. Photography and Media Rights: Detailed terms regarding ownership and usage of property photographs and media, included when professional media services are involved

7. Post-Termination Obligations: Specific obligations that survive after agreement termination, included for complex listings

8. Special Property Features: Provisions dealing with unique property features or restrictions, included for unusual properties

Suggested Schedules

1. Schedule A - Property Description: Detailed property specifications, including legal description and included/excluded items

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and payment scenarios

3. Schedule C - Marketing Plan: Comprehensive marketing strategy and specific promotional activities

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

5. Schedule E - Service Level Agreement: Detailed outline of specific services to be provided by the agent

6. Appendix 1 - Required Documentation: List of documents required from the seller

7. Appendix 2 - Agency Disclosure: Mandatory agency relationship disclosures as required by provincial law

8. Appendix 3 - Photography Authorization: Permission for property photography and media usage

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

Residential Property

Commercial Property

Property Development

Property Investment

Real Estate Services

Professional Services

Legal Services

Relevant Teams

Legal

Real Estate

Compliance

Sales

Business Development

Property Management

Contract Administration

Marketing

Operations

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate lawyer

Compliance Officer

Legal Counsel

Contract Administrator

Real Estate Sales Representative

Brokerage Manager

Real Estate Transaction Coordinator

Business Development Manager

Property Marketing 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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