Exclusive Right to Sell Listing Agreement — Hawaii 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 Hawaii Edition: Every form names the brokerage firm, acting through its principal broker, as the contracting party and routes compensation through the firm, consistent with Hawaii's real estate license law (HRS Chapter 467) and the Hawaii Real Estate Commission's rules. Dual agency is permitted only with the informed written consent of both seller and buyer, so the agency consent document is drafted as a true disclosure-and-consent with an express opt-out and dated signature lines. The seller disclosure is built around HRS Chapter 508D (the mandatory seller disclosure statement, with its timing, update, and rescission mechanics) and adds island-specific items such as leasehold versus fee simple, lava zones, flood and tsunami zones, and cesspools. Electronic signatures are addressed under Hawaii's Uniform Electronic Transactions Act; because Hawaii has no dedicated broker lien statute, the compensation forms rely on contract remedies and escrow instructions. No association forms are reproduced.