Sample Listing Agreement
A listing agreement is an agreement between the seller of a business and the business broker that grants the broker the authority to act as the seller’s agent in the sale of that business. Our listing agreement requests certain information about the business, offers space for remarks, as well as the contract between the seller and Value Business Brokerage Inc. Please take a look at the language below to get an idea of what is in a listing agreement, but note that you will need to consult an attorney before you can utilize this document. Call us today at (703) 527-5120 to discuss the sale of your business.
Certain Requested Information
- Company Name
- Type of Business
- Asking Price
- Rent/Lease Information
- Terms and Conditions
- Years Established
- Inventory Information
- Financial Information
- Reason for Sale
Listing Contract – Sole and Exclusive Right to Sell
- XYZ Business, Inc. (herein referred to as the “Seller”) engages Value Business Brokerage Inc. (herein referred to as the “Broker”), on a sole and exclusive basis, to sell the above business, including all fixtures, goodwill, trademarks, trade names, leasehold rights and inventory.
- The Seller agrees to pay the Broker ten percent (10%) of the purchase price; however, if this amount is less than four-thousand dollars ($4,000.00), the Seller agrees to pay the Broker a minimum of four-thousand dollars.
- The Seller agrees that if this listing is cancelled or the property withdrawn from sale during the listed term, per paragraph 8, by the Seller, the commission will become immediately due by Seller to the Broker. If the Seller refuses or is unable to comply with the listing terms for any reason, preventing disposition of the business during the listed term upon the terms set forth above, the commission shall become immediately due by the Seller to the Broker.
- The Seller agrees that the commission shall be immediately due and payable if the Seller, directly or indirectly, enters into an Offer to Purchase (however designated) or accepts a deposit or does any other act tantamount to a sale or contract to sell without the written approval of the Broker. The cancellation or rescission of any of the foregoing acts shall not act as a release of the Seller for such liability.
- In any case where a Buyer’s deposit and/or the down payment have been forfeited, the deposit shall be divided evenly between the Seller (50%) and Broker (50%).
- The Seller acknowledges that it has supplied the listing information above and warrants that the information is true and correct.
- The Seller agrees to pay the full commission set forth in his Agreement to the Broker in the event the business is within one year after the termination of this Agreement sold, leased, traded or otherwise conveyed to anyone referred to the Seller by the Broker during the term of this Agreement.
- This Agreement shall begin on the day and the year written or typed at the bottom of this page and continue until the agreed date.
- Should any suit be commenced to enforce the Broker’s rights and in the event the Broker is successful the Seller agrees to pay the Broker the expenses and attorney’s fees incurred.
- The Seller acknowledges that he has read this Agreement, has received a copy of it, and has had an opportunity for consultation with an attorney.
- If the Seller is a partnership, corporation or other entity, the person(s) signing on behalf of the business represent(s) and warrant(s) that he/she has, or they have the authority to enter into this contract on behalf of he business.