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Open Listing Realty Agreement
Clearly define terms for multiple agents to market and sell property with this Open Listing Realty Agreement Template.
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Open Listing Realty Agreement Template
This Open Listing Realty Agreement (“Agreement”) is entered into on [Date], by and between:
Property Owner (Seller):
Name: __________________________
Address: __________________________
Email: __________________________
Phone: __________________________
Broker/Agent:
Name: __________________________
Agency: __________________________
License Number: __________________________
Address: __________________________
Email: __________________________
Phone: __________________________
Collectively referred to as the “Parties.”
1. Property Description
The Property Owner grants the Broker the non-exclusive right to market and sell the following property:
[Property Address and Legal Description]
2. Listing Price
The initial listing price for the property shall be $[Amount], subject to adjustment by mutual written agreement of the Parties.
3. Commission
The Broker shall be entitled to a commission of [X]% of the final sales price if they directly procure a buyer ready, willing, and able to purchase the property.
No commission shall be owed if the sale is made by another agent or by the Property Owner without the involvement of the Broker.
4. Broker’s Duties
The Broker agrees to:
Market the property through reasonable efforts, including listing services, advertisements, and open houses.
Communicate offers and inquiries promptly to the Property Owner.
Comply with all applicable real estate laws and licensing requirements.
5. Owner’s Rights
The Property Owner reserves the right to:
Sell the property independently without paying a commission.
Engage additional brokers or agents to market the property simultaneously.
6. Term and Termination
This Agreement begins on [Start Date] and continues until [End Date] unless terminated earlier by either Party with [X days] written notice.
Any pending offers submitted before termination remain subject to commission payment if the Broker initiated them.
7. Disclosure and Compliance
Both Parties agree to comply with all state and federal real estate laws, including disclosure of material facts about the property to prospective buyers.
8. Indemnification
Each Party agrees to indemnify and hold harmless the other against claims, damages, or liabilities arising from their own actions or omissions under this Agreement.
9. Governing Law
This Agreement shall be governed by the laws of [State/Country].
10. Entire Agreement
This document constitutes the entire understanding between the Parties and supersedes all prior agreements or representations.
Signatures
Property Owner Signature: ____________________________ Date: _________
Printed Name: _________________________________________
Broker Signature: ____________________________ Date: _________
Printed Name & Title: _________________________________________
Details
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Open Listing Realty Agreement
OPEN LISTING REALTY AGREEMENT FAQ
What is an Open Listing Realty Agreement?
An Open Listing Realty Agreement is a non-exclusive contract between a property owner and multiple real estate brokers or agents. It allows the owner to market their property through several agents simultaneously, paying commission only to the one who successfully brings a buyer and closes the sale.
Why is this agreement important?
It gives property owners flexibility and broader market exposure while avoiding exclusive commitments. It also protects agents by ensuring they receive commission if they directly secure a buyer under the terms of the agreement.
When should you use an Open Listing Realty Agreement?
Use this agreement when you want to engage multiple agents to market your property, especially in competitive real estate markets or when seeking a faster sale.
What should it include?
The agreement should outline the property details, listing price, commission rate, marketing expectations, termination conditions, and compliance with local real estate laws.
How does commission work in an open listing?
Only the agent who directly procures a ready, willing, and able buyer earns the commission, making it different from exclusive listings where one agent has sole rights.
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