Exclusive Right to Sell Listing Agreement — Oregon 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 Oregon Edition: Every form has been redrafted around Oregon's real estate license law in ORS chapter 696, including the Initial Agency Disclosure Pamphlet requirement (ORS 696.820), the statutory duties of seller's and buyer's agents (ORS 696.805 and 696.810), and Oregon's "disclosed limited agency" regime (ORS 696.815), which replaces dual agency and requires written consent from both the seller and the buyer. The seller disclosure, addendum, counteroffer and buyer agreement forms are built around the statutory Seller's Property Disclosure Statement (ORS 105.462–105.490) and the buyer's five-business-day revocation right under ORS 105.475, while the listing, buyer, referral and termination forms rely on Oregon's statute of frauds for broker compensation agreements (ORS 41.580) and Oregon's Uniform Electronic Transactions Act (ORS chapter 84). The independent contractor and team agreements track Oregon's independent contractor standard (ORS 670.600) and the principal broker / associated broker supervision structure, and the commission disbursement form addresses the commercial real estate broker lien under ORS 87.925 et seq.