Exclusive Right to Sell Listing Agreement — Alabama Edition Template

The Exclusive Right to Sell Listing Agreement is the backbone of nearly every residential listing in the United States. It is the contract that formally engages a brokerage to market a seller's property, and — critically — it entitles the listing broker to a commission no matter who procures the buyer, including the seller themselves. That single feature is what distinguishes it from open listings and exclusive agency listings, and it is why virtually every MLS requires an executed exclusive right to sell (or exclusive agency) agreement before a listing can be published.

This 6-page template covers the full lifecycle of a listing engagement: property identification and included/excluded fixtures, listing price and seller's authority to convey, the listing term with a definite expiration date (a requirement in most states — indefinite listings are prohibited or unenforceable in many jurisdictions), commission rate and the conditions that trigger it, a protection/tail period for buyers procured during the term, cooperation and compensation disclosure for buyer brokers (updated for the post-2024 NAR settlement landscape, where offers of compensation can no longer be communicated via the MLS), marketing authorization including photography, signage, and lockbox consent, and seller representations and indemnities.

Agency and listing agreements are governed state by state — statutes such as New York Real Property Law § 443 (agency disclosure) and license-law regulations in every state impose specific disclosure and writing requirements, and the statute of frauds in every state requires brokerage commission agreements to be in writing to be enforceable in most circumstances. This template includes a 50-state variation notes section flagging the most common state-specific requirements (definite termination dates, anti-automatic-renewal rules, required disclosure attachments) so you can adapt it with your broker or attorney. It is a professional drafting template, not a substitute for your state association forms or legal advice.

About this Alabama Edition: Every template was redrafted around the Alabama Real Estate License Law (Ala. Code § 34-27-1 et seq.) and the Real Estate Consumers Agency and Disclosure Act (RECAD, Ala. Code § 34-27-80 et seq.), under which a licensee is a transaction broker unless a written agreement creates an agency relationship, the Commission's Real Estate Brokerage Services Disclosure must be presented at first substantive contact (§ 34-27-82), and limited consensual dual agency is permitted only with written informed consent — so the dual-agency document is drafted as a Limited Consensual Dual Agency Agreement with a transaction-brokerage alternative. The seller disclosure is drafted as a voluntary disclosure for Alabama's caveat emptor market, explaining the judicially recognized exceptions (health/safety defects, direct questions, fiduciary relationships) and Alabama-specific items such as wood-infestation reports and termite bonds. The forms also apply the Alabama statute of frauds (Ala. Code § 8-9-2) and the Alabama Uniform Electronic Transactions Act (Ala. Code § 8-1A-1 et seq.), and note that Alabama has no broker lien statute.