Exclusive Right of Sale Listing Agreement at a glance
What it is: This Exclusive Right of Sale Listing Agreement ("Agreement") is between Seller and Broker.
Who signs: Seller's Signature, Date, Home Telephone, Work Telephone, Facsimile, Address and Email Address; the same lines for a second Seller's Signature; then Authorized Sales Associate or Broker, Date, Brokerage Firm Name, Telephone and Address. Copy returned to Seller on the date you enter by email, facsimile, mail or personal delivery.
A filled-in Exclusive Right of Sale Listing Agreement example: a seller lists a home for cash

How to fill out Exclusive Right of Sale Listing Agreement, box by box
Description of Property

Under Description of Property, enter the Street Address, the Legal Description and the Personal Property, including appliances; the Legal Description and the Personal Property each have a See Attachment box.
Mark Property is or is not currently occupied by a tenant. If occupied, enter when the lease term expires.
Price and Terms

The property is offered for sale on the following terms or on other terms acceptable to Seller: enter the Price, and mark the Financing Terms: Cash, Conventional, VA, FHA or Other (specify).
Seller Financing: Seller will hold a purchase money mortgage in the amount of $____ with the following terms.
Assumption of Existing Mortgage: Buyer may assume existing mortgage for $____ plus an assumption fee of $____. The mortgage is for a term of ______ years beginning in ______, at an interest rate of ______% fixed or variable (describe). Lender approval of assumption is required, is not required or unknown.
Notice to Seller: (1) You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. (2) You are advised to consult with a legal or mortgage professional to make this determination.
Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the purchase price and any other expenses Seller agrees to pay in connection with a transaction.
Compensation

Seller will compensate Broker as specified in this section for procuring a buyer who is ready, willing, and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. (line number 106, 107)
Seller will pay Broker as follows (plus applicable sales tax): (a) __________% of the total purchase price plus $____ OR $____, no later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. (line number 108, 109, 110)
Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to cancel an executed sales contract. (3) If, within ______ days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. (line number 117, 118, 119, 120, 121, 122, 123, 124, 125)
Retained Deposits: As consideration for Broker's services, Broker is entitled to receive ______% (50% if left blank) of all deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the Paragraph 8(a) fee. (line number 126, 127, 128)
Conditional Termination

Conditional Termination: At Seller's request, Broker may agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property, and pay a cancellation fee of $____ plus applicable sales tax. (line number 142, 143, 144)
More rules for Exclusive Right of Sale Listing Agreement
Broker agrees to make diligent and continued efforts to sell the Property in accordance with this Agreement until a sales contract is pending on the Property.
As a MLS participant, Broker is obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public (see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in the MLS unless Seller directs Broker otherwise in writing.
Seller Obligations: In consideration of Broker's obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. (c) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times. (d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property. (line number 84, 85, 88, 89, 90)
Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local government building code violations, unobservable defects, etc.) other than those listed on the lines. Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (line number 98, 99, 100, 101, 102)
Common questions about Exclusive Right of Sale Listing Agreement
When is this form not the right one?
This standardized form should not be used in complex transactions or with extensive riders or additions.
Sources
[1] Florida Realtors Exclusive Right of Sale Listing Agreement, ERS-18tb Rev 5/20 (the served file; no issuer file found) (the Official source link on this page).



