Exclusive Right to Sell Listing Agreement — Nebraska 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 Nebraska Edition: These forms are adapted to Nebraska's limited-agency framework under Neb. Rev. Stat. § 76-2401 et seq., using the state's own vocabulary (limited seller's agent, limited buyer's agent, limited dual agent, designated broker, affiliated licensee) and permitting dual representation only as a limited dual agent with informed written consent under § 76-2422, including the statutory confidentiality limits. The seller disclosure and transaction forms are keyed to the Nebraska Seller Property Condition Disclosure Statement requirement of § 76-2,120 (the Commission's prescribed form still controls), the statute of frauds (§ 36-105 for land contracts; § 36-202 for commission/brokerage agreements), and the Nebraska UETA (§ 86-621 et seq.) for electronic execution. Broker-side forms reflect the Nebraska Real Estate License Act (§ 81-885.01 et seq.) — broker supervision, commissions flowing only through the designated broker, broker-to-broker-only referral fees — and note that lien rights for unpaid commissions exist only for commercial property under the Nebraska Commercial Real Estate Broker Lien Act (§ 76-2601 et seq.).