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Exclusive Contract (Real Estate) for Canada

Exclusive Contract (Real Estate) Template for Canada

A comprehensive legal agreement used in Canadian real estate transactions that establishes an exclusive relationship between a property owner and a real estate brokerage. This contract grants the brokerage sole and exclusive rights to market and sell/lease the specified property for a defined period. The document is governed by provincial real estate regulations and includes detailed terms covering marketing obligations, commission structures, property representation, and service commitments. It incorporates essential compliance elements required by Canadian real estate law and provides protection for both the property owner and the brokerage while ensuring transparency in the relationship.

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What is a Exclusive Contract (Real Estate)?

The Exclusive Contract (Real Estate) is a fundamental document in Canadian real estate transactions, designed to establish a legally binding exclusive relationship between property owners and real estate brokerages. This document is typically used when a property owner wants to ensure focused, dedicated representation from a single brokerage, guaranteeing that all marketing and sales efforts are coordinated through one professional entity. The contract includes crucial elements such as property details, marketing commitments, commission structures, and service obligations, all aligned with provincial real estate regulations and professional standards. It's particularly important in situations where comprehensive marketing strategies and dedicated resources are required for property sale or lease. The document provides clear guidelines for the relationship's duration, responsibilities, and compensation, while incorporating necessary compliance elements required by Canadian real estate law and provincial regulatory bodies.

What sections should be included in a Exclusive Contract (Real Estate)?

1. Parties: Identification of the property owner(s) and the real estate brokerage/agent

2. Background: Context of the agreement and brief description of the property to be sold

3. Definitions: Key terms used throughout the agreement including 'Exclusive Period', 'Property', 'Listing Price', etc.

4. Appointment and Authority: Grant of exclusive right to sell/lease the property and scope of agent's authority

5. Term of Agreement: Duration of the exclusive period and any automatic renewal provisions

6. Listing Price and Terms: Agreed listing price and basic terms of potential sale/lease

7. Brokerage's Obligations: Services to be provided by the brokerage including marketing, showings, and negotiations

8. Owner's Obligations: Property owner's commitments including property access, information disclosure, and cooperation

9. Commission Structure: Details of commission rates, payment terms, and circumstances when commission is earned

10. Representation and Warranties: Statements of fact by the owner regarding property condition and ownership

11. Termination: Conditions and process for ending the agreement

12. Privacy and Personal Information: Handling of personal information in compliance with PIPEDA

13. Governing Law: Specification of applicable Canadian provincial law

14. Dispute Resolution: Process for resolving disagreements between parties

15. General Provisions: Standard contract clauses including entire agreement, amendments, and notices

What sections are optional to include in a Exclusive Contract (Real Estate)?

1. Multiple Listing Service: Terms for MLS listing, used when the property will be listed on MLS

2. International Marketing: Additional marketing provisions for high-value properties targeting international buyers

3. Property Management: Additional terms for properties requiring management services during the listing period

4. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies and virtual showings

5. Holdover Period: Terms covering post-termination period, used in markets where this is common

6. Team Representation: Used when multiple agents will be representing the property

7. Dual Agency: Required when the brokerage may represent both seller and buyer

8. Environmental Matters: Required for properties with potential environmental concerns

9. Heritage Property Provisions: Required for designated heritage properties

What schedules should be included in a Exclusive Contract (Real Estate)?

1. Schedule A - Property Description: Detailed description of the property including legal description and included fixtures

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

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment scenarios

4. Schedule D - Property Disclosure Statement: Owner's disclosure of property condition and known issues

5. Schedule E - Required Documentation: List of documents to be provided by the owner

6. Appendix 1 - Property Photographs: Official photographs of the property for listing purposes

7. Appendix 2 - Property Floor Plans: Detailed floor plans and measurements

8. Appendix 3 - Recent Property Updates: List of recent renovations, upgrades, and maintenance

9. Appendix 4 - Service Providers: List of approved photographers, stagers, and other service providers

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses

































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Real Estate Investment

Legal Services

Property Development

Real Estate Technology

Professional Services

Relevant Teams

Legal

Real Estate Operations

Compliance

Contract Administration

Business Development

Property Management

Marketing

Sales

Document Management

Transaction Processing

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Operations Manager

Contract Administrator

Business Development Manager

Real Estate Transaction Coordinator

Real Estate Marketing Manager

Real Estate Investment Advisor

Property Sales Director

Legal Document Specialist

Real Estate Portfolio 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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