TXR-1101 (06-15-26)

Residential Listing Agreement — Exclusive Right to Sell — Plain English

The agreement between Seller and the listing Broker, granting Broker the exclusive right to market and sell the property — every section across all 10 pages, translated into plain English.

The Big Idea Behind This Agreement

Seller hires Broker → identifies the property → sets price and listing term → agrees on Broker compensation → decides MLS/marketing/access/intermediary instructions → makes representations about the property → signs. This is the agreement between Seller and the listing Broker, granting Broker the exclusive right to market and sell the property during the listing term.

5B Earned vs. 5C Payable"Earned" and "paid" are not the same moment. Compensation is Earned when Seller sells/agrees to sell, Broker procures a ready/willing/able buyer, or Seller breaches — but it becomes Payable at specific later events like closing/funding. Don’t assume Broker is only paid if closing happens under every circumstance.
2B/2C Included Items vs. 2D ExclusionsParagraphs 2B and 2C already list many items as included (built-ins, accessories). Before writing something into Exclusions, check whether it’s already covered as included — be specific about what Seller intends to keep.
6A(1) MLS Filing vs. 6A(2) No MLSChoose one only. If 6A(2) is checked, the form warns the property won’t be publicly marketed through MLS — but if it IS publicly marketed by anyone (including Seller), MLS rules can still require filing within one business day.
9A Intermediary Authorized vs. 9B No Intermediary9A allows the brokerage to potentially represent both sides under Texas intermediary rules if the same brokerage represents a buyer. 9B blocks Broker from showing the property to buyers Broker represents — this can materially limit which of Broker’s clients can be shown the property.

Most Important Sections to Understand

What each key section really decides:

§1Who hires whom?
§2Exactly what property/items are being listed?
§3What asking price will be marketed?
§4How long is Broker exclusively hired?
§5AHow much does Seller agree to pay Broker?
§5EHow long might Broker remain protected after listing expires?
§6AWill the property go into MLS?
§7CIs a keybox authorized?
§9Does Seller authorize intermediary?
§11BWhat may appear online?
§11CWhat financing will Broker market?
§12What facts is Seller representing as true?
§15Any additional negotiated provisions
§19Which disclosures/addenda apply?
§21HIs Seller a foreign person under federal law?

Memory trick for the whole form: WHO is listing → WHAT property → WHAT price → HOW LONG → HOW BROKER IS PAID → WHERE/HOW IT’S MARKETED → WHO MAY ACCESS → INTERMEDIARY? → SELLER DISCLOSURES → SIGN. Broker compensation is not set by law and is fully negotiable — each broker independently determines their fees.

Page 1

Parties, Property & Listing Price

§1 Parties

  • Seller: enter the full legal name(s) of the property owner(s) hiring the Broker. Then complete Seller’s Address, City/State/ZIP, Phone, Email/Fax.
  • Broker: enter the brokerage firm, not merely the individual sales agent. Then complete the Broker’s Address, City/State/ZIP, Phone, Email/Fax.
Seller appoints Broker as sole and exclusive real estate agent and grants Broker the exclusive right to sell the Property.

§2A Land

  • Fill in the legal description: Lot, Block, Addition/subdivision, City, County, and street Address/ZIP — or describe the property on an attached exhibit.
If the property is a condominium, attach the Condominium Addendum.

§2B Improvements

  • Usually no blanks. The form already includes attached/built-in items: built-in appliances, ceiling fans, chandeliers, HVAC equipment, water-softener system, garage-door openers, landscaping, generators, and other permanently attached items.
If it’s permanently attached, the listing generally treats it as part of the property unless specifically excluded.

§2C Accessories

  • Already identifies many included accessories: stove, curtains/rods, blinds, mailbox keys, pool equipment, garage-door controls, gate controls, and transferable smart-device software/hardware rights.
Before placing something in Exclusions, check whether this section already says it’s included.

§2D Exclusions

  • Use this blank for improvements/accessories Seller intends to keep and remove before possession. Example: Seller wants to keep a particular chandelier that would otherwise remain.
"What normally included item does Seller NOT want to sell?" Be specific enough that everyone knows exactly which item is excluded.

§2E Owners' Association

  • IS — the property is subject to mandatory membership in an HOA/POA.
  • IS NOT — the property is not subject to mandatory membership.

§3 Listing Price

  • Enter the price Seller instructs Broker to use to market the property. Example: $450,000.
This is the asking/listing price, not a promise Seller must accept every offer at that price — Seller agrees to sell for the Listing Price or another price acceptable to Seller.
Page 2

Listing Term & Broker Compensation

§4A Term

  • "Begins on" — the beginning date of the listing agreement.
  • "Ends at 11:59 p.m. on" — the expiration date. Example: Begins October 1, 2026; Ends March 31, 2027 at 11:59 p.m.
"How long does this brokerage have the exclusive listing?"

§5A Broker's Fee — very important

  • The form expressly states brokerage compensation is not set by law and is fully negotiable.
  • 5A(1) Standard compensation: choose ___% of Sales Price OR a flat fee of $___.
  • 5A(2) Additional fee if Buyer is unrepresented: Additional ___% or additional flat fee $___ — not automatic, applies only if selected and completed.
  • 5A(3) Other Broker compensation: blank for another agreed arrangement.
Because compensation language creates financial obligations, it should clearly reflect the actual agreement between Seller and Broker.

Seller Paying Buyer's Expenses — Disclosure Authorization

  • DOES authorize — Broker may tell other brokers/buyers Seller may consider contributing toward Buyer’s expenses.
  • DOES NOT authorize — Broker may not disclose this.
Checking DOES does not mean Seller promises to pay a specific amount — Seller retains sole discretion during negotiations. TXR-1412 can be used to authorize disclosure/advertising of more specific information.

§5B When Compensation is Earned (no blanks)

  • Earned when: Seller sells/agrees to sell; Broker procures an acceptable ready/willing/able buyer; or Seller breaches the listing.
"Earned" and "paid" are not necessarily the same moment.

§5C When Compensation is Payable (no blank)

  • Once earned, the fee becomes payable at events described in the form, such as closing/funding or certain Seller refusals/breaches.
Don’t assume Broker only gets paid if closing happens under every possible circumstance — the exact provisions of 5B and 5C control.
Page 3

Other Fees, Protection Period & MLS

§5D(3) Other Fees / Reimbursable Expenses

  • Use this if Seller and Broker agree to other fees or expenses. Do not invent a charge simply because the blank exists.

§5E Protection Period

  • Fill in: "Protection Period continues for ___ days." Example: 90 days.
  • Broker may, within 10 days after the listing ends, send Seller written notice identifying protected prospects. If Seller sells to a named person (or their relative) during the Protection Period, the fee provisions may apply.
The Protection Period will not apply under stated circumstances, including an exclusive listing with another Texas REALTORS® broker meeting the conditions described.

§5F County

  • Enter the county where amounts payable to Broker are to be paid.

§6A MLS Filing — a major choice (check option 1 OR 2 only)

  • 6A(1)(a) Normal MLS filing — Broker files by the earlier of the MLS-required time or 5 days after the listing begins.
  • 6A(1)(b) Delay MLS filing — fill in the number of days to wait and explain the purpose. Do not select if prohibited by the applicable MLS; public marketing can trigger filing requirements sooner.
  • 6A(2) DO NOT file with MLS — property won’t be publicly marketed through MLS distribution and other brokers/buyers may not know it’s for sale.
Even if 6A(2) is chosen, if the property is publicly marketed by anyone (including Seller), MLS rules may require Broker to file within one business day.
Page 4

Listing Content & Property Access

§6B Listing Content (no checkboxes)

  • Addresses ownership/licensing of photos, videos, virtual tours, descriptions, graphics, remarks, and pricing information.
  • Seller grants Broker broad use rights to content Seller provides; Broker Listing Content belongs to Broker.
Broker needs legal authority to use and distribute the photos/descriptions/content used to market the property.

§7B Scheduling Companies

  • Enter any companies Broker may use to schedule showings and authorize access (e.g. a showing-scheduling service).

§7C Keybox

  • IS authorized — Broker may put a lockbox/keybox on the property so authorized people can access it.
  • IS NOT authorized — Seller does not authorize a keybox.
The form warns of risks (unauthorized entry, theft, damage, injury). If a tenant occupies the property, Seller must provide written tenant authorization for the keybox or Broker may remove it.
Page 5

Intermediary

§9 Check A or B Only — very important

  • A. Intermediary Authorized — Seller authorizes Broker to potentially act as an intermediary when the same brokerage represents Seller and a prospective Buyer. The form describes several possible arrangements, including appointed associates or no appointments.
  • B. No Intermediary — Seller does not authorize this Broker to show the property to buyers the Broker represents. This can materially limit which brokerage clients can be shown the property through that Broker.

Important Intermediary Rules (printed in the form)

  • When acting as intermediary, Broker/associates may not disclose certain confidential bargaining information without proper instructions (e.g. Seller’s willingness to accept less than asking price, or Buyer’s willingness to pay more than the written offer).
  • Brokers must also act honestly and comply with the Real Estate License Act.
Page 6

Internet Marketing & Financing

§11B Internet Display

  • If filed with MLS, the listing may be displayed online unless Seller selects a restriction: (1) Do NOT display listing on Internet, or (2) Do NOT display property address.
If neither is checked, Broker is authorized to display the listing online without those restrictions, subject to MLS rules.

§11C Financing Options

  • Check all financing options Broker is authorized to market: Conventional, VA, FHA, Cash, Texas Veterans Land Program, Owner Financing, Other.
"What kinds of offers/financing should Broker advertise the property as potentially accepting?"
Page 7

Seller's Representations

§12E Delinquent Financial Obligations

  • Seller represents they are current on loans, HOA fees, and taxes, except as identified in this blank.
"Is Seller behind on any mortgage, HOA dues, taxes, home-equity loan, or similar property obligation?" If yes, identify it here.

§12F Liens / Encumbrances

  • Seller says they are not aware of liens/encumbrances except as identified here (e.g. a known judgment lien).

§12I Employer / Relocation Company

  • Identify any employer, relocation company, or other entity providing benefits to Seller in connection with the sale. If none, follow Broker’s practice for indicating that.

§12K PID / MUD / Other Districts

  • List every public improvement district, municipal utility district, or similar statutory district Seller knows affects the property.
"What special governmental districts does Seller know the property is in?"
Page 8

Special Provisions & Document Checklist

§15 Special Provisions

  • Large blank for additional negotiated terms.
This is a legally binding brokerage agreement — avoid casually drafting custom legal provisions that change substantial rights. Complex custom language may require legal interpretation; consult your broker, legal counsel, or TREC.

§19 Addenda and Other Documents — check every applicable item

  • A. Information About Brokerage Services (IABS notice)
  • B. Seller’s Disclosure Notice (Property Code §5.008)
  • C. Lead-Based Paint Addendum (required for pre-1978 property)
  • D. T-47 / T-47.1 existing survey affidavit/declaration
  • E. MUD/Water District/Tax District Notice
  • F. PID Disclosure Notice
  • G. Request for Information from HOA
  • H. Request for Mortgage Information
  • I. Mineral Clauses Information
  • J. On-Site Sewer Facility Information
  • K. Property Insurance Information
  • L. Special Flood Hazard Area Information
  • M. Condominium Addendum
  • N. Keybox Authorization by Tenant
  • O. Seller’s Authorization to Disclose/Advertise Certain Information
  • P. Groundwater/Surface Water Disclosure
  • Q. (blank) — another applicable document
Page 9

Foreign Seller Status

§21H Foreign Person Status

  • Seller notifies Broker whether Seller IS or IS NOT a "foreign person" as defined by federal law.
A "foreign person" includes certain nonresident aliens, foreign corporations, partnerships, trusts, or estates. If Seller is unsure, consult a tax professional or attorney — this is not something an agent should guess for Seller.
Page 10

Signatures

Broker & Seller Signature Block

  • Broker’s Printed Name, License No. — then choose Broker’s Signature OR Broker’s Associate’s Signature as authorized agent of Broker (if the associate signs, also enter Broker’s Associate’s Printed Name and License No.).
  • Seller’s Printed Name, Seller Signature, Date — a second Seller line is provided for another Seller.
Both the brokerage side and Seller formally agree to the Listing. Pages also contain Broker/Associate and Seller initials for identification of the pages.

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Open the actual TREC form alongside this plain-English guide.

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