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Real Estate Broker Contract With Seller for Canada

Real Estate Broker Contract With Seller Template for Canada

A Real Estate Broker Contract with Seller is a legally binding agreement used throughout Canadian provinces that establishes the professional relationship between a property seller and a licensed real estate brokerage. This agreement, governed by provincial real estate legislation, outlines the terms under which the brokerage will market and sell the property, including commission structures, service obligations, marketing strategies, and duration of the listing. It incorporates provincial-specific requirements for real estate transactions and includes necessary provisions for compliance with Canadian privacy laws, anti-money laundering regulations, and consumer protection standards.

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What is a Real Estate Broker Contract With Seller?

The Real Estate Broker Contract with Seller serves as the foundational document for property sales in the Canadian real estate market. This contract is essential when a property owner wishes to engage a licensed real estate brokerage to sell their property. It is designed to comply with provincial real estate regulations, which vary by jurisdiction across Canada. The agreement typically details the broker's authority to market the property, negotiate with potential buyers, and receive commission upon successful sale. It includes crucial elements such as the listing price, commission structure, marketing strategy, and the duration of the listing period. The document also addresses modern considerations like digital marketing rights, virtual showings, and data privacy requirements. This type of agreement is mandatory in most Canadian provinces before a brokerage can formally list a property for sale.

What sections should be included in a Real Estate Broker Contract With Seller?

1. Parties: Identification of the seller(s) and the licensed real estate brokerage, including full legal names, addresses, and broker registration details

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

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

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

5. Property Details: Legal description and address of the property being listed for sale

6. Listing Terms: Listing price, listing period duration, and any automatic renewal provisions

7. Broker's Services and Obligations: Detailed description of services to be provided by the broker, including marketing, showings, and negotiations

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

9. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances when commission becomes payable

10. Marketing Authorization: Seller's authorization for various marketing activities, including use of photos, signage, and online listings

11. Property Access: Terms regarding access to the property for showings and open houses

12. Termination: Conditions and process for ending the agreement by either party

13. Dispute Resolution: Process for handling disagreements, including mediation or arbitration provisions

14. Privacy and Data Protection: Handling of personal information in compliance with privacy laws

15. Execution: Signature blocks and dating of the agreement

What sections are optional to include in a Real Estate Broker Contract With Seller?

1. Multiple Properties Listing: Used when the seller is listing multiple properties with the same broker

2. International Marketing: Additional provisions for marketing the property internationally

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

4. Holdover Period: Terms regarding commission obligations for sales occurring after the listing period to protected buyers

5. Team Representation: Used when multiple agents from the brokerage will be handling the listing

6. Dual Agency: Provisions for situations where the broker may represent both buyer and seller

7. Property Management: Additional terms if the broker will manage the property while it's listed

8. Renovation/Staging Services: Terms regarding additional services for property preparation

What schedules should be included in a Real Estate Broker Contract With Seller?

1. Schedule A - Property Details: Detailed description of the property, including lot size, building specifications, and included fixtures

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

3. Schedule C - Marketing Plan: Specific marketing strategies and activities to be undertaken by the broker

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

5. Schedule E - Excluded Items: List of items specifically excluded from the property sale

6. Appendix 1 - Property Photos: Initial photographs of the property condition at time of listing

7. Appendix 2 - Required Documents: Checklist of required documents such as property tax statements, utility bills, and surveys

8. Appendix 3 - Service Provider Contacts: List of recommended service providers for property preparation or repairs

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

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions
































Clauses






























Relevant Industries

Real Estate

Property Management

Financial Services

Legal Services

Construction and Development

Property Investment

Commercial Property

Residential Property

Property Technology

Professional Services

Relevant Teams

Legal

Compliance

Real Estate Operations

Sales

Marketing

Risk Management

Business Development

Contract Administration

Property Management

Transaction Processing

Document Control

Corporate Services

Relevant Roles

Real Estate Broker

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Real Estate Transaction Coordinator

Sales Director

Business Development Manager

Contract Administrator

Risk Manager

Real Estate Marketing Manager

Corporate Counsel

Real Estate Operations Manager

Broker of Record

Managing Broker

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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