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Exclusive Right to Sell Agreement

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This forms an Agreement between

[Broker.FirstName][Broker.LastName] of [Broker.Company] ("Broker") ​

and

[Seller.FirstName][Seller.LastName] ("Seller").

The Property

  1. The land and buildings located at [Seller.StreetAddress], [Seller.City], [Seller.State][Seller.PostalCode] ("Property"), including all goods attached to the land and buildings except (list) and the following goods not attached to the land and buildings: (list).

  2. Legal description of the Property: (Description)

  3. The Seller authorizes the Broker to offer the Property for sale for $(number and written out).

  4. The proposed closing date is (date).

Relationship

  1. The Seller gives the Broker exclusive right to offer the Property for sale and appoints the Broker as their exclusive agent to represent them in selling the Property. The Seller agrees that they cannot appoint anyone else as their agent during this agreement. However, the Broker may represent buyers and other sellers.

  2. This Agreement begins on (date). It ends on (date).

Broker Responsibilities

The Broker must:

  • Market the Property until the Property is sold under this agreement or this Agreement ends;

  • Keep the Seller informed of marketing activities and any resulting transactions;

  • Tell potential buyers that the Broker is the Seller's agent;

  • Tell buyers of all material latent defects affecting the Property known to the Broker;

  • Help the Seller negotiate favorable terms and conditions with a buyer.

  • Help the Seller prepare and comply with a contract to sell the Property.

  • Present all offers and counter-offers to and from Seller.

  • Tell the Seller relevant facts about the transaction.

  • Hold money received in trust.

  • Provide a copy of this Agreement at signing.

Seller Responsibilities

During this agreement, the Seller must:

  • Insure the Property and its contents against loss or damage due to causes normally insured against, even if the Property is vacant.

  • Communicate and cooperate with the Broker.

  • Tell the Broker if the Property’s condition or status changes.

  • Tell the Broker about inquiries received about the sale of the Property.

During this agreement and for (number) days after this agreement ends, the Seller must provide the Broker with copies of any offers received for the sale of the Property.

Seller Warranties and Representations

The Seller warrants:

  • They have the authority to sell the Property as described, including attached and unattached goods.

  • Spousal consent is needed for the sale of the Property. (Yes/No)

  • Spousal consent has been received for the sale of the Property. (Yes/No)

  • No one else has a legal right to the attached and unattached goods.

  • All third party rights to the Property that the Seller is aware of have been shared.

  • All information the Seller has provided is true to the best of their knowledge.

The Seller warrants, to the best of their knowledge, the following are true:

  • The land and buildings are currently used according to municipal bylaws.

  • The buildings and land improvements are entirely on the land and not on any easement, right-of-way, or neighboring lands (unless there is a registered agreement on title).

Conflicts of Interest

  • It is not a conflict of interest if the Broker shows the Property to a Buyer they also represent.

  • A conflict of interest may occur when the Broker acts as sole agent for both the Seller and the buyer. In that case, the Broker must tell the Seller there is a potential conflict and tell the Seller and the buyer their options.

  • If the Broker, Seller, or buyer decides not to have the Broker facilitate the transaction, the Broker will act as the sole agent of the side that first signed a representation agreement unless all parties agree otherwise in writing.

Fees

  1. The Broker's fee is (number)% and is due when the sale of the Property is complete.

  2. The Broker will offer (number)% of their fee to the buyer’s brokerage.

  3. The Seller must pay the Brokers fee if:

    1. While this Agreement is in effect, the Seller enters into a legally binding contract to sell the Property, whether through the Broker or not.

    2. In the (number) days following the conclusion of this Agreement, the Seller enters into a legally binding contract to sell the Property where the buyer was introduced to the Property during the term of this Agreement.

  4. The Seller authorizes the Broker to use any deposit held under the purchase contract or this Agreement toward money owed under this agreement. If the deposit does not cover the Broker's fee and any other money owing to the Broker under this Agreement, the Seller must pay the outstanding balance within (number) days after the sale completion.

  5. The Seller is not obligated to not pay the Broker's fee if they:

    1. Sell the property to a buyer excluded in writing from this Agreement.

    2. Sign a seller representation agreement with another brokerage after this Agreement ends.

Confidential Information

  1. The Seller gives the Broker consent to collect, maintain, use, and disclose the Seller's personal information for this Agreement and all uses consistent with listing and marketing the Property in any medium.

  2. The Broker may:

    1. Include listing and sales information in databases of appropriate listing services, which the Broker does not operate or control.

    2. Keep and disclose listing, sales, and price information, which the Broker may use for any business purpose, including making comparative analyses and sharing information with appraisers and other brokerages.

  3. The Seller acknowledges that the Broker and the listing service may:

    1. Disclose the listing, sales, and price information to others authorized to use the listing service, like other brokers, appraisers, government departments, and municipal organizations.

    2. Use historical listing service data that the Broker may use to conduct comparative market analyses.

    3. Use the listing, sales, and price information as the Broker and the listing service consider appropriate for listing, marketing, and selling real estate.

  4. Any further or additional use of the listing, sales and price information requires the Seller's consent.

  5. The Broker will not:

    1. Give any of the Seller's confidential information without their consent, unless required by law.

    2. Use confidential information received from the Seller or that the Broker gets as a result of performing under this agreement for any other purpose than those in this agreement unless the Seller agrees in writing.

    3. Give the Seller any confidential information the Broker has because of a past or present agency relationship with someone else.

Severability

This Agreement shall remain in effect in the event a clause or provision is found invalid or unenforceable. All remaining sections and provisions shall be deemed legally binding unless a court rules that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section.

Entire Agreement

This Agreement constitutes the entire agreement between the Seller and the Broker and supersedes all prior discussions, negotiations, and agreements between the Parties whether oral or written. Any understanding, agreement, or promise not specified herein, whether expressed or implied, shall bind neither the Seller nor the Broker.

The signature below indicates the Seller's acknowledgment that they have fully read and understood this Agreement and agree to its terms.

MM / DD / YYYY
Signature

Signature
MM / DD / YYYY

[Broker.FirstName][Broker.LastName][Broker.Company]

[Seller.FirstName][Seller.LastName]

Exclusive Right to Sell Agreement

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