Commercial Listing Agreement

Step 1 of 11

REQUEST FROM: (Your Details)
Name
First Last
Email
DUE BY:
Date*
MM slash DD slash YYYY
Time*
: Hours
Minutes
AM/PM

1. Parties
Seller One:*
First Last
Address*
Street Address City State ZIP Code
Phone*
Email*
Fax
Seller Two:
First Last
Address
Street Address City State ZIP Code
Phone
Email
Fax

Property:
A. "Property" mean the following real property in Texas:*
Street Address City State ZIP Code
Legal Description:
B. Except as otherwise provided in this Listing, Broker is to market the Property together with:
- (1) all buildings, improvements, and fixtures;
- (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, easements, and rights-of-way;
- (3) Seller's interest in all leases, rents, and security deposits for all or all part of the property
- (4) Seller's interest in all licenses and permits related to the property;
- (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures;
- (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and
(B) (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except:*
- None
(Describe any exceptions, reservations, or restrictions in Special Provisions or an addendum. If the property is a condominium, attach Condominium Addendum to Listing (TXR-1401).)

3. Listing Price
A. Seller instructs Broker to market the Property at the following gross sales price:*
B. Seller agrees to sell the Property for the Listing Price or any other price acceptable to Seller. Seller will pay all typical closing costs charged to sellers of commercial real estate in Texas (seller's typical closing costs are those set forth in the commercial contact forms published by Texas REALTORS) except:

4. Term
A. The listing begins on:*
MM slash DD slash YYYY
and ends at 11:59 p.m. on:*
MM slash DD slash YYYY
Seller may terminate this Listing on notice to Broker any time after:*
MM slash DD slash YYYY

A. Fee: When earned and payable, Seller will pay broker a fee of:*
- A percentage of the sales price
Percentage of sales price:*
(2) Renewals, Extensions, or Expansions of Property: If, during this Listing or after it ends, Seller renews, extends, or expands the lease, Seller will pay Broker, at the time the renewal, extension, or expansion becomes effective, a fee of:
- (a) Percentage of all base rents to be paid over the term of the renewal or extension and the same percentage of the following items to be paid over the same term:
- (b) Percentage of all base rents to be paid over the term of the expansion and the same percentage of the following items to be paid over the same term:
- Other
*
- expense reimbursements based on initial amounts
*
- expense reimbursements based on initial amounts
Other:*
(5) Other Fees and/or Reimbursable Expenses:
E. "Protection Period" means that time starting the day after this Listing ends and continuing for the following number of days:*
F. County: All amounts payable to Broker are to be paid in cash in (insert county below), Texas:*

6. Exclusions
A. Under a prior listing agreement Seller is obligated to pay another Texas licensed broker a fee if Seller sells or leases all or part of the Property before:
MM slash DD slash YYYY
To any of the following persons:
(named exclusions).
B. If Seller enters into a contract to sell or lease all or part of the Property to a named exclusion before the date specified in Paragraph 6A, Seller will not be obligated to pay Broker the fees under Paragraph 5 of this Listing, but Seller will pay Broker, upon the closing of the sale or upon execution of the lease, a fee equal to:
(1) Percentage of the sales price if the Seller sells the Property;
(2) Percentage of all base rents to be paid over the term of the lease if Seller leases the Property:
and the same percentage of the following items to be paid over the term of the lease:
- expense reimbursements;
(3)
C. If seller enters into a contract to sell or lease all or part of the Property to a named exclusion, Broker ( will / will not ) assist Seller in negotiating and closing the sale or lease to the named exclusion.
- Will
- Will not

9. Intermediary
*
- A. Intermediary Status
- B. No Intermediary Status

12. Representations
B. Seller and Broker must disclose any known material defect in the Property to a prospective buyer.*
- (1) Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408). Seller authorizes Broker to furnish prospective buyers and other brokers with a copy of the Commercial Property Condition Statement.
- (2) Except as otherwise provided in this Listing, Seller is not aware of: (select to see list)
(a) any subsurface: structures, pits, wastes, springs, or improvements; (b) any pending or threatened litigation, condemnation, or assessment affecting the property; (c) any environmental hazards or conditions that materially affect the Property; (d) whether the Property is or has ever been used for a the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (e) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants) or other pollutants or contaminants of any nature now exist or have ever existed on the Property; (f) any wetlands, as defined by federal or state law or regulation, on the Property; (g) any threatened or endangered species or their habitat on the Property; (h) any present or past infestation of wood-destroying insects in the Property's improvements; (i) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (j) any material physical defects in the improvements on the Property; or (k) any condition on the property that violates any law or ordinance.

15. Special Provisions
Special Provisions:

19. Addenda
Addenda or information that are part of this Listing are:
- A. Information About Brokerage Services
- B. Property Description Exhibit identified in Paragraph 2
- C. Condominium Addendum to Listing
- D. Commercial Property Condition Statement
- E. Information About On-Site Sewer Facility
- F. Information About Special Flood Hazard Areas
- G. Other
G. Other

Commercial Listing Agreement

Step 1 of 11

REQUEST FROM: (Your Details)

DUE BY:

1. Parties

Property:

3. Listing Price

4. Term

6. Exclusions

9. Intermediary

12. Representations

15. Special Provisions

19. Addenda