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TXR 1302 — Commercial Real Estate Listing Agreement, Exclusive Right to Lease

This listing agreement is used when a commercial property landlord hires a broker to find tenants for commercial space under an exclusive right to lease arrangement. It covers the broker's exclusive marketing authority, fee structures for initial leases, renewals, extensions, expansions, and potenti

Source: TXR
Form Number: 1302
Category: Other
Revised: July 8, 2022

Used For

Commercial Sales, RESIDENTIAL_LEASING

Form Outline

The TXR 1302 form is organized into the following sections:

  1. Parties
    Establishes the landlord-broker relationship and exclusive right to lease.
  2. Property
    Identifies the commercial property to be leased, including square footage of rentable area.
  3. Listing Price
    Establishes the asking rental rate and detailed lease terms including expense structure, percentage rent, parking, escalations, and TI allowance.
  4. Term
    Sets the listing period and optional early termination right for the landlord.
  5. Broker's Fee
    Defines broker compensation for leasing including fee percentage, earning conditions, payment schedule, renewal fees, sale fees, and protection period.
  6. Exclusions
    Allows landlord to exclude persons tied to prior broker obligations with reduced fee structures.
  7. Access to the Property
    Grants broker authority to access property and authorize entry by other parties.
  8. Cooperation with Other Brokers
    Establishes broker cooperation and fee sharing with cooperating brokers.
  9. Intermediary
    Addresses whether broker may represent both landlord and prospect in the same transaction.
  10. Confidential Information
    Establishes broker's duty to protect landlord's confidential information.
  11. Broker's Authority
    Defines broker's marketing scope while prohibiting document execution on landlord's behalf.
  12. Representations
    Sets out landlord's title representations and health/safety disclosure requirements.
  13. Landlord's Additional Promises
    Defines landlord's cooperation duties and document delivery obligations.
  14. Limitation of Liability
    Limits broker liability and requires landlord indemnification for damages from landlord's omissions.
  15. Special Provisions
    Space for custom terms.
  16. Default
    Defines default consequences including fee liability for landlord breach.
  17. Mediation
    Requires mediation before litigation.
  18. Attorney's Fees
    Attorney's fees provision for prevailing party.
  19. Addenda
    Lists addenda that may be attached.
  20. Agreement of the Parties
    Entire agreement, assignability, governing law, severability, and notices.
  21. Additional Notices
    Legally required notices about fees, fair housing, and attorney consultation.

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