Listing Agreement Intake Checklist

Verify everyone on title is signing — divorce, probate, trust, and LLC-held properties are common gotchas. For trusts, get the trustee certificate; for estates, the letters testamentary; for LLCs, the operating agreement showing signing authority. Listing without all owners on the agreement is a common reason files fail broker review.

Walk through list price (CMA-supported), listing term, exclusive right-to-sell vs. exclusive agency, brokerage commission, and — post-NAR-settlement — buyer-agent compensation handled separately from MLS. Confirm the seller understands these are negotiated, not standard.

Send through DocuSign or Dotloop with your state association form. Confirm dates, term-of-agreement length, holdover clause, and protected-buyer list are all completed before sending — blank protected-buyer fields cause post-closing commission disputes.

Most states require agency disclosure at first substantive contact, not at contract — backdating to the listing date is a common citation in broker file review. Use your state commission's current form (e.g., CA AD, FL Brokerage Relationship Disclosure, TX IABS).

These three fields drive the rest of the workflow — pre-1978 triggers lead-based paint, condo triggers the resale packet, HOA triggers estoppel. Pull year built from the county tax record, not the seller's memory.

Order through your usual title company so liens, easements, and unreleased mortgages surface before a buyer's title work catches them under contract. Old solar liens and contractor mechanics' liens are common surprises that delay closings 2-3 weeks.

Cross-check the legal description on the title commitment against the county assessor record and the listing agreement. Mismatches between MLS and county data on lot size or APN cause MLS data-correction citations and confuse appraisers.

Pull current-year property tax, any special assessments, and homestead/senior exemption status. Buyers in California (Prop 13) and Texas (homestead caps) underwrite expecting to lose the seller's exemption — being explicit prevents post-contract surprises.

Order the estoppel letter, current dues, special assessments, CC&Rs, and recent meeting minutes. CA, FL, and VA give the buyer rescission rights if HOA docs aren't delivered within the state-required window — order at listing, not at contract.

Pull the property's permit history from the building department. Open permits on additions, decks, and water heaters are a frequent closing-killer — sellers think a project is finished, but the inspection final was never called in.

Sit with the seller and complete the Seller's Property Disclosure Statement line by line — do not email it for self-completion. Sellers reflexively leave items blank that they actually know about (foundation movement, prior flooding, roof leaks); blanks are how post-closing rescission lawsuits start.

Federal law requires the LBP disclosure form, the EPA "Protect Your Family" pamphlet, and a 10-day inspection window (waivable in writing) for any home built before 1978. Missing this is an EPA fine plus buyer rescission rights — non-negotiable.

Order the NHD report (CA), flood zone determination (TX/FL), wildfire risk (CO/CA), or your state's equivalent. Buyers' lenders increasingly require this at application; having it on file at listing avoids appraisal-period delays.

Order the condo resale certificate from the association — financials, reserve study, pending litigation, insurance master policy. Litigation and insufficient reserves disqualify FHA/VA buyers; surfacing this at listing lets you adjust price or buyer pool early.

Capture in writing anything the seller mentioned during walk-through that didn't make it onto the SPDS — "the basement leaks once a year," "we replaced the AC compressor twice." Material facts known to the agent must be disclosed even if the seller leaves them out.

Photograph every room and document deferred maintenance — roof age, HVAC age, water heater age, visible wood rot, signs of past water intrusion. This is your record for both pricing and disclosure if a buyer's inspector flags something later.

Ask for any inspection from when the seller bought, plus receipts for roof, HVAC, water heater, and major repairs. Receipts cut inspection-objection negotiation in half — buyers stop arguing about a 4-year-old roof when they see the invoice.

Deliver a written prep list — declutter, depersonalize, paint touch-ups, landscaping, deep clean, staging quote. Tie each item to its impact on photos or showing feedback. A verbal recommendation gets ignored; a written list gets done.

Push the Dotloop or SkySlope file to the managing broker. Common kickbacks: missing agency disclosure date, blank holdover clause, unsigned LBP, SPDS with empty fields, no proof of HOA estoppel order.

Send the brokerage's standard wire-fraud advisory and verbally walk the seller through it. The pattern: spoofed email day before closing with new wire info; seller sends proceeds to a fraudster. Verbal verification of any wire instructions to a known phone number is the only mitigation.

No MLS input until the managing broker signs off in writing. Active listings without compliance approval are a state-commission audit finding and an E&O exposure if anything goes sideways during the listing period.