Exclusive Right to Sell Listing Agreement — Maryland 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 Maryland Edition: the template and its drafting notes are adapted for Maryland practice under the Maryland Real Estate Brokers Act, Md. Code, Bus. Occ. & Prof. Title 17, administered by the Maryland Real Estate Commission. Maryland permits dual agency only as broker-level dual agency with intra-company agents designated for buyer and seller, so the consent document in this edition is drafted as a Dual Agency / Intra-Company Agent Consent and pairs with the Commission's "Understanding Whom Real Estate Agents Represent" disclosure. The Seller Property Condition Disclosure is a supplemental instrument that references (and does not replace) the statutory Disclosure/Disclaimer statement required by Md. Code, Real Prop. § 10-702, and adds Maryland items such as private water and septic, pre-1978 rental lead registration, Chesapeake Bay Critical Area, and condominium/HOA resale disclosures. Electronic signatures are addressed under the Maryland Uniform Electronic Transactions Act, Md. Code, Com. Law Title 21. Not legal advice; have a Maryland-licensed attorney review before use.