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TXR 1301 — Commercial Real Estate Listing Agreement, Exclusive Right to Sell

This is the primary listing agreement used when an owner hires a broker to sell commercial real property in Texas under an exclusive right to sell arrangement. It grants the broker the exclusive right to market and sell the property, establishes the broker's fee structure for both sales and potentia

Source: TXR
Form Number: 1301
Category: Other
Revised: July 8, 2022

Used For

Commercial Sales

Form Outline

The TXR 1301 form is organized into the following sections:

  1. Parties
    Identifies the seller and broker parties and establishes the exclusive agency relationship.
  2. Property
    Defines the property and everything included in the sale such as improvements, fixtures, leases, licenses, trade names, and personal property used in operations.
  3. Listing Price
    Establishes the listing price, seller's willingness to accept other prices, and allocation of closing costs.
  4. Term
    Establishes the listing period with start and end dates, and an optional early termination right for the seller.
  5. Broker's Fee
    Defines broker compensation including the primary sales fee, conditions for earning the fee, payment timing, additional fees for leases and renewals, the protection period, and escrow authorization.
  6. Exclusions
    Allows seller to list persons excluded from the broker's full fee due to prior broker obligations, with reduced fee arrangements for those transactions.
  7. Access to the Property
    Grants broker authority to access the property and authorize entry by third parties for showings and inspections.
  8. Cooperation with Other Brokers
    Establishes that the listing broker will cooperate with and share fees with cooperating brokers who procure buyers.
  9. Intermediary
    Addresses whether broker may act as intermediary when representing both seller and a prospective buyer, with three possible appointment alternatives.
  10. Confidential Information
    Establishes confidentiality obligations for the broker regarding seller's information.
  11. Broker's Authority
    Defines the scope of broker's marketing authority including advertising, signage, internet listings, and information sharing, while prohibiting broker from signing documents on seller's behalf.
  12. Representations
    Sets out seller's representations regarding title and property condition, and requires disclosure of material defects, environmental hazards, and special district information.
  13. Seller's Additional Promises
    Defines seller's obligations to cooperate with broker, refer all prospects, provide property documents, and maintain required disclosures.
  14. Limitation of Liability
    Limits broker's liability for property security and third-party acts, and requires seller to indemnify broker for damages caused by seller's actions or omissions.
  15. Special Provisions
    Provides space for custom terms and conditions negotiated between seller and broker.
  16. Default
    Defines default consequences for both seller breach (liability for broker's fee) and broker breach (seller's legal remedies).
  17. Mediation
    Requires good faith negotiation followed by mediation for dispute resolution.
  18. Attorney's Fees
    Allows the prevailing party in litigation to recover attorney's fees and costs.
  19. Addenda
    Lists available addenda and attachments that form part of the listing agreement.
  20. Agreement of the Parties
    Contains standard legal provisions including entire agreement, assignability restrictions, governing law, severability, and notice requirements.
  21. Additional Notices
    Contains required legal notices about fee negotiability, fair housing, lead-based paint, and the recommendation to consult an attorney.

How RaiderX Agents Use This Form

When you upload a signed TXR 1301 to a deal in RaiderX's Deal Manager, it reads the form's key dates and terms and automatically builds out your deadlines, contingencies, and tasks — so nothing slips through the cracks between contract and closing. Forms with a fill map also support e-signature directly inside RaiderX, so you can send this document for signature without leaving the platform.

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