Exclusive Right to Sell Listing Agreement — Oklahoma 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 Oklahoma Edition: Every template was redrafted around the Oklahoma Broker Relationships Act (59 O.S. § 858-351 et seq.), which abolished common-law agency in real estate brokerage — an Oklahoma broker owes statutory duties to the party it is assisting rather than fiduciary agency duties, and dual agency does not exist. The dual-agency file in this set is therefore an Oklahoma Broker Relationships Act disclosure and consent for a single broker providing brokerage services to both parties, with the statutory duties and confidentiality rules spelled out. The seller disclosure edition tracks the Oklahoma Residential Property Condition Disclosure Act (60 O.S. § 831 et seq.) and its disclosure and disclaimer statement regime, the listing and buyer-broker agreements carry the written-agreement requirements enforced by the Oklahoma Real Estate Commission, the independent-contractor agreement reflects associate-to-broker affiliation under the Oklahoma Real Estate License Code, and each instrument recites the Oklahoma Uniform Electronic Transactions Act and the Oklahoma statute of frauds (15 O.S. § 136). Oklahoma has no broker commission lien statute for residential sales, so the disbursement authorization is drafted as a contractual closing-agent instruction. Not legal advice; have an Oklahoma-licensed attorney review before use.