Exclusive Right of Sale Listing Agreements: A Florida Agent's Checklist

Published October 10, 2026 · Recalde & Friedman, PLLC · For real estate agents

Start with what the statute requires

Under § 475.25(1)(r), Fla. Stat., a licensee can be disciplined for failing to include any of the following in a written listing agreement:

a definite expiration date;
a description of the property;
the price and terms;
the fee or commission; and
a proper signature of the principal(s).

The seller must get a legible, signed, true and correct copy within 24 hours. The agreement also may not require the seller to notify the broker of an intent to cancel after the expiration date, so it can't renew itself automatically unless the seller sends a notice.

Disclosures added in August 2024

Under the practice changes NAR adopted in its commission settlement, listing agreements used by REALTORS® and MLS participants must:

state conspicuously that broker commissions are not set by law and are fully negotiable; and
be paired with a written disclosure and seller approval before the listing broker offers or makes any payment to a buyer's broker. The disclosure must state the amount or rate.

Unlike buyer agreements, listing agreements don't have to use an "objectively ascertainable, not open-ended" compensation term. According to NAR's FAQs, they must still state the amount or rate the seller pays the listing broker. Listings that predate August 2024 and still mention offers of compensation "on the MLS" should be amended.

Brokerage relationship disclosure

For a residential sale, which § 475.278 defines as one to four units, residential lots for one to four units, or agricultural property of 10 acres or less, the relationship has to be disclosed. If you'll act as a single agent, the Single Agent Notice must be given before or when the listing agreement is signed. If you might later move to transaction broker, you need the seller's written consent on the statutory Consent to Transition form. See Florida's brokerage relationship rules.

A clause-by-clause checklist

Clause	What to check
Parties	Does the seller on the agreement match the owner of record? Watch for trusts, estates, LLCs, divorcing owners and a non-titled spouse on homestead property. An early title search catches these problems.
Authority	If the seller is an entity, who can sign? See proving LLC authority. For an estate, is there a personal representative yet? See selling after an owner dies.
Property	Address, parcel or folio number and legal description. Say what's included or excluded, such as parking spaces, storage or furniture in a condo.
Term	A definite expiration date, with nothing that requires the seller to give notice to end the listing after that date.
Compensation	The listing fee as a percentage, a flat amount or a formula, and when it is earned: at closing, at contract, or when a ready, willing and able buyer is found.
Buyer-broker compensation	Whether the seller authorizes the listing broker to offer anything to buyer brokers, how much, and how changes get the seller's written approval.
Protection period	How long it lasts after expiration, which buyers it covers, and whether it ends if the seller re-lists with another broker. See protection periods and disputes.
Exclusions	Any buyer the seller found before listing who is excluded from the commission, named in writing.
Retained deposits	What the broker receives if a buyer defaults and the seller keeps the deposit. The current AS IS contract no longer addresses this. See when the deal fails.
Disputes	Mediation or arbitration, attorney's fees, and venue.

Why the title company cares

At closing, the commission is paid from the seller's proceeds on the seller's written authority, under the "Broker" section of the FR/BAR contract and the listing agreement. A listing signed by the wrong person, or a commission formula that leaves room for argument, slows down the closing statement. Most of these issues can be fixed before the house goes on the market.

Before the contract is signed

Send us the deal before it's signed

Compensation terms, credits and riders are easiest to fix while the offer is still a draft. Share the draft offer or the offer your seller received, and we can review the contract and addenda, check the compensation and credit terms against the lender's limits and the brokers' instructions, and run early title, lien and association checks.

Request a pre-contract review Send us the deal

Before we review a contract, we confirm in writing who we represent in the transaction.

Frequently asked questions

What must every Florida written listing agreement include?

Under § 475.25(1)(r), it must include a definite expiration date, a property description, the price and terms, the fee or commission, and the principal's signature. The seller must get a signed copy within 24 hours.

Can a listing renew automatically unless the seller cancels?

The statute bars any provision that requires the seller to notify the broker of an intent to cancel after the definite expiration date.

Does the listing commission have to be 'objectively ascertainable'?

That NAR requirement applies to buyer agreements. According to NAR's FAQs, a listing agreement must still state the amount or rate the seller pays the listing broker.

This article is general information about Florida law and industry rules, not legal advice for your situation. Forms and MLS rules change; confirm the version you are using.

Also useful: Agent resources · Escrow deposit disputes · Doc stamp calculator

Sources

Last reviewed October 2026. Laws change; confirm current law before relying on this page.