Exclusive Right to Sell Listing Agreement — Utah 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 Utah Edition: Every template was redrafted around the Utah Real Estate Licensing and Practices Act (Utah Code Title 61, Chapter 2f) and the Division of Real Estate's agency rules in Utah Admin. Code R162-2f, including the affirmative duties owed by every licensee, Utah's limited-agency regime (the Utah term for dual agency, which requires prior written informed consent of both parties), the Utah statute of frauds and its written-commission-agreement rule (Utah Code § 25-5-4), the Utah Uniform Electronic Transactions Act (Utah Code Title 46, Chapter 4), and the fact that Utah has no statutory seller disclosure form and no broker lien statute — so the seller disclosure is drafted as a comprehensive voluntary disclosure with the Utah Code § 57-1-37 stigmatized-property note, water rights/shares, HOA and geologic-hazard items, and commission enforcement is handled contractually. All citations are limited to those statutes; everything else is phrased generally for review by Utah counsel.