Florida Listing Agreement Template (PDF & Word) – 2026

A Florida listing agreement is the contract between a property seller and a real estate broker authorizing the broker to market the property and earn a commission upon sale. The exclusive right to sell listing — the most common form — gives one broker the sole authority to market the property for a defined period, in exchange for the broker’s commitment to actively market and a commission upon sale.

This page provides a free Florida exclusive right to sell listing agreement template in PDF and Microsoft Word format. The template incorporates the customary provisions for Florida listings, references the state’s required disclosures (Florida Statutes §689.25 — Coastal Construction Control Line + Johnson v. Davis duty to disclose material defects), and provides a framework for negotiating the listing terms with your broker.

Types of Listing Agreements

Exclusive Right to Sell (Most Common)

One broker has the exclusive right to market the property. The broker earns the commission on any sale during the listing period, regardless of who procures the buyer (including the seller directly). This gives the broker maximum incentive to invest in marketing — they cannot be cut out by the seller finding their own buyer.

Exclusive Agency

One broker has exclusive agency, but the seller retains the right to sell directly without paying commission. The broker only earns commission if THEY find the buyer. Less common because brokers prefer the security of exclusive right to sell.

Open Listing

Multiple brokers can market the property simultaneously. Only the broker who procures the buyer earns commission. Brokers generally avoid open listings because the marketing risk-reward doesn’t justify the investment.

Key Provisions to Negotiate

Listing Period

90-180 days is standard. Push for the shorter end if the market is hot — it preserves your flexibility to switch brokers if the listing isn’t performing. Longer listings reduce broker urgency.

Commission

The 2024 NAR settlement makes commissions more openly negotiable. Historical Florida norm has been 5-6% total split. Sellers in strong markets can negotiate down to 4-5%; sellers of difficult properties may pay 6-7% to incentivize marketing. The buyer’s broker commission (typically 2.5-3%) is now negotiated separately and may be paid by buyer rather than seller.

Protection Period

After the listing expires, the broker is still entitled to commission if the property sells to a buyer the broker introduced during the listing period. Typical protection period: 30-180 days. Keep it short — 90 days max.

Exclusions

If you have specific prospects you’ve been negotiating with directly, list them in the exclusions section. If they buy during the listing period, no commission is due. Typical exclusions: family members, prior FSBO inquirers, neighbors who expressed interest.

Marketing Plan

Ask the broker for a written marketing plan: MLS listing, professional photos, drone/video, virtual tour, open houses, broker open houses, print/digital advertising, social media, mailings. Make sure their commitments are in the listing or an addendum.

Required Florida Disclosures

Florida requires specific seller disclosures, which are typically attached to or referenced by the listing agreement:

• Florida Statutes §689.25 — Coastal Construction Control Line + Johnson v. Davis duty to disclose material defects.
• Federal Lead-Based Paint Disclosure (24 CFR Part 35) for properties built before 1978.
• HOA Documents if applicable (CC&Rs, bylaws, rules, financial statements).
• Material defects known to seller.
• Agency disclosure form required by Florida Real Estate Commission (FREC), DBPR Chapter 475.

Broker’s Fiduciary Duties

As seller’s agent, the broker owes the seller fiduciary duties:

• Loyalty. Act in seller’s best interest.
• Confidentiality. Don’t disclose seller’s motivations, lowest acceptable price, or other strategic information to buyers.
• Disclosure. Share all material information about offers and buyers with seller.
• Obedience. Follow seller’s lawful instructions.
• Accounting. Account for all earnest money and deposits.
• Reasonable care and skill. Exercise the competence of a reasonable real estate professional.

Common Mistakes

• Accepting the broker’s standard form without modification. Most broker forms are seller-favorable; review and negotiate.
• Signing a long listing period. If the broker isn’t performing in 90 days, you’re stuck longer than necessary.
• Excessive protection period. Limit to 60-90 days post-expiration.
• Failing to list exclusions. Prior prospects must be expressly excluded or you owe commission on them.
• Not getting marketing commitments in writing. Vague oral promises about marketing are unenforceable.
• Forgetting state-specific disclosures. Florida has mandatory disclosures that must be properly attached.
• Listing too high. Overpriced listings sit on the market, develop a “stale” reputation, and ultimately sell for less than properly priced listings.

Frequently Asked Questions

What is a listing agreement?

A listing agreement is the contract between a property seller and a real estate broker authorizing the broker to market the property and earn a commission upon sale. It defines the listing price, listing period, commission rate, and the type of listing (exclusive right to sell, exclusive agency, or open).

What is an “exclusive right to sell” listing?

The most common type. The broker earns the commission on any sale during the listing period, regardless of who finds the buyer (including the seller). This gives the broker maximum incentive to invest in marketing.

How long do listing agreements typically run?

90-180 days is standard. Hot markets may use shorter (60-90 days); difficult-to-sell properties may use longer (180-365 days). Excessively long listings should be avoided — they reduce the broker’s urgency.

Can I terminate a listing agreement early?

Yes, but typically only for material breach by the broker (not for buyer’s remorse). Mutual termination is always possible by agreement. The broker may be entitled to recoup marketing costs incurred.

What commission is standard?

5-6% total commission split between listing broker and buyer’s broker (2.5-3% each) is the historical Florida standard. The 2024 NAR settlement allows for more negotiation — commissions are now more openly negotiable.

What disclosures must the seller provide?

Florida Statutes §689.25 — Coastal Construction Control Line + Johnson v. Davis duty to disclose material defects. Plus federal Lead-Based Paint Disclosure for pre-1978 properties. State-specific seller disclosure forms are typically attached to the listing agreement.

What is the “protection period”?

A period (typically 30-180 days) after listing expiration during which the broker still earns commission if the property sells to a buyer who saw it during the listing period. Prevents seller from waiting out the listing then closing with a buyer the broker introduced.

Can I list with multiple brokers?

Only with an “open listing” agreement (rare). Exclusive right to sell and exclusive agency listings give one broker the exclusive marketing right. Trying to list with multiple brokers during an exclusive listing breaches the contract.

Download the Free Florida Listing Agreement

Listing agreements bind the seller to a broker for a defined period. Read every provision carefully before signing. For high-value properties, complex situations (distressed sales, estate sales, commercial), or non-standard arrangements, have a Florida-licensed real estate attorney review before execution.

---

Related Templates

People who download this template also frequently need: