How to Read and Evaluate a Markham Listing Agreement Before You Sign

Sellers Guide · Legal 10 min read · Listing Agreement

How to Read and Evaluate
a Markham Listing Agreement
Before You Sign

The listing agreement is the legal foundation of every Markham home sale, and most sellers sign it after a 10-minute conversation, without reading a single clause. A Markham listing agreement is a binding contract that governs your relationship with your REALTOR® and brokerage from the moment you sign to months after your home sells. Michael John Lau and Neeraj Moolchandani at Kaizen Real Estate Team review every clause of the listing agreement with every Markham seller before it is signed, because an informed seller is a protected seller.

What Is a Listing Agreement in Ontario Real Estate?

A listing agreement in Ontario is a legally binding contract between a home seller and a real estate brokerage, not just a REALTOR®, that authorizes the brokerage to market and sell the seller's property on the seller's behalf. In Markham, Ontario, listing agreements are typically prepared on the standard OREA Form 200 (Authority to Offer for Sale), the Ontario Real Estate Association's standardized listing agreement form used across the province.

Signing a Markham listing agreement is not a casual formality. It creates enforceable legal obligations on both parties, including your obligation to pay commission under specified conditions and the brokerage's obligation to actively market your Markham property. Understanding every clause before you sign is not optional; it is essential.

The 8 Key Clauses Every Markham Seller Must Understand

Michael John Lau and Neeraj Moolchandani walk through all eight of the following clauses with every Markham seller before a listing agreement is executed. Each one has direct financial and legal implications.

1
Listing Period
OREA Form 200 · Section 1

The listing period specifies the start date and expiry date of the Markham listing agreement, the window during which your REALTOR® is authorized to market and sell your home. Most Markham listing agreements run for 60 to 90 days in the spring and fall market cycles. A listing that expires without a sale does not automatically renew; it must be re-signed.

The listing period is fully negotiable. Markham sellers who want maximum flexibility can negotiate a shorter initial period, with the option to extend if needed. Sellers who are committed to their REALTOR® and understand the market cycle may prefer a 90-day period that covers the full spring or fall selling season in Markham.

What to ask: "What is the right listing period for my specific Markham neighborhood and the current market conditions?" Michael John Lau and Neeraj Moolchandani recommend the listing period that aligns with realistic selling timelines for the specific property type and location in Markham.
2
Listing Price
OREA Form 200 · Section 2

The listing price is the price at which your Markham home will be advertised on MLS and all marketing channels. This is one of the most consequential decisions in the entire Markham selling process, too high, and your home sits while comparable properties sell; too low, and you leave money on the table.

The listing price in your Markham listing agreement is based on the Comparative Market Analysis (CMA) that Michael John Lau and Neeraj Moolchandani prepare using recent comparable sales in your specific Markham neighborhood. You, as the seller, have the final say on listing price, but your REALTOR® is obligated to provide honest, data-driven guidance even if you disagree with it.

What to review: Confirm that the listing price in the agreement matches exactly what was discussed and agreed upon with your Markham REALTOR® — including any planned offer-date pricing strategy.
3
Commission Structure
OREA Form 200 · Section 3

The commission section of a Markham listing agreement specifies the total commission payable to the listing brokerage upon a successful sale, and how that commission is allocated between the listing brokerage and the buyer's brokerage (cooperating commission). Commission is expressed as a percentage of the final sale price, a fixed dollar amount, or a combination.

Under CREA's 2024 rule changes, the cooperating commission, paid to the buyer's agent, is no longer required to be disclosed in the MLS listing itself, but it remains a negotiated term in every Ontario listing agreement. Markham sellers should understand exactly what total commission they are agreeing to pay and how it is distributed before signing.

What to ask: "What is the total commission percentage? What portion goes to the buyer's brokerage? Under what circumstances — if any — is the commission reduced?" Michael John Lau and Neeraj Moolchandani explain Kaizen Real Estate Team's commission structure to every Markham seller with complete transparency before the listing agreement is signed.
4
Holdover Clause
OREA Form 200 · Section 3 (Commission Continuation)

The holdover clause,  also called the commission continuation clause, is one of the most important and least-read sections of a Markham listing agreement. It specifies that the listing brokerage is entitled to commission if the Markham property sells to a buyer who was introduced to the property during the listing period, even if the sale closes after the listing expiry date.

Holdover clauses in Markham listing agreements typically run 60 to 120 days after the listing expiry. This means that if your listing expires on August 1 and a buyer who toured your home in July returns and purchases in September, you may still owe commission to the listing brokerage. The holdover clause prevents sellers from waiting out the listing expiry to complete a sale without paying commission to the REALTOR® who did the work.

Critical clause to negotiate: The holdover period is negotiable. Markham sellers should understand exactly how long it runs, which buyers it applies to, and under what circumstances it can be overridden by a subsequent listing agreement with a different brokerage.
5
MLS® and Marketing Authorization
OREA Form 200 · Section 5

This section authorizes the listing brokerage to submit your Markham property to the MLS® system and to market the property through various channels. It also governs data sharing, how your property information, photos, and history are stored and shared through TREB's (Toronto Regional Real Estate Board) system after the listing closes.

Markham sellers who have privacy concerns about their address, showing history, or sale price being displayed publicly on MLS after closing should review this section carefully. There are opt-out provisions available for certain data displays that sellers can discuss with Michael John Lau and Neeraj Moolchandani before signing.

What to review: Confirm you understand what data about your Markham property will be displayed publicly during and after the listing period — and discuss any privacy concerns before signing.
6
Seller's Warranty and Representations
OREA Form 200 · Section 6

By signing the Markham listing agreement, the seller warrants that they have the legal authority to list and sell the property, that they are the registered owner (or authorized agent of the owner), that there are no undisclosed encumbrances affecting the title, and that all information provided about the Markham property is accurate to the best of their knowledge.

This section is directly connected to the seller's disclosure obligations under Ontario law. A Markham seller who provides inaccurate information about their property's condition in the listing process, whether in the listing agreement, the MLS description, or verbally to buyers, may face legal liability beyond the listing agreement itself.

What to confirm: Review all property information being submitted with the listing for accuracy, quare footage, property tax figures, parking details, and any renovation permit history — before the listing agreement is finalized.
7
Inclusions and Exclusions
OREA Form 200 · Schedule A

The inclusions and exclusions schedule attached to your Markham listing agreement specifies exactly which items are included with the sale of the property and which items the seller intends to remove before closing. This list becomes part of every offer on the Markham property and is legally binding once an offer is accepted.

Common inclusions in Markham listing agreements: all light fixtures, window coverings, appliances (fridge, stove, dishwasher, washer, dryer), garage door openers, and built-in shelving. Common exclusions: specific light fixtures the seller intends to take, decorative items that could be confused with inclusions, and personal property attached to the home.

Common mistake: Failing to specify an exclusion in the Markham listing agreement means buyers legally expect that item to remain with the property. If you are taking a specific chandelier, wine rack, or outdoor furniture — it must be explicitly listed as an exclusion before the listing launches.
8
Multiple Representation and Consent
OREA Form 200 · Section 8

This section governs what happens if the listing brokerage also represents the buyer who purchases your Markham home — a situation called multiple representation in Ontario. Since RECO's 2023 rule changes, multiple representation requires informed written consent from both the buyer and seller, and the designated representation rules mean the listing REALTOR® and buyer's REALTOR® within the same brokerage can each represent their respective clients exclusively.

Markham sellers should read this section carefully and understand their rights if a buyer represented by Kaizen Real Estate Team submits an offer on their home. Michael John Lau and Neeraj Moolchandani explain the multiple representation scenario — and the seller's rights within it — in plain language before the listing agreement is signed.

Your right: You may refuse to consent to multiple representation. If you are uncomfortable with the scenario, you have the right to require that any buyer through the listing brokerage be referred to a different brokerage.

Red Flags to Watch for Before Signing a Markham Listing Agreement

Not all listing agreements are created equal. These are the warning signs Michael John Lau and Neeraj Moolchandani advise Markham sellers to watch for before signing any listing agreement with any brokerage.

🚩
A holdover clause longer than 90 days A holdover period of 120 to 180 days in a Markham listing agreement is excessive and unnecessarily limits your flexibility after the listing expires. Most Markham listing agreements carry a 60 to 90 day holdover. Any holdover clause longer than 90 days should be negotiated down before signing.
🚩
No marketing plan specified or committed to in writing A Markham listing agreement that does not specify — at minimum — MLS listing, professional photography, and digital distribution as committed marketing activities gives the brokerage no accountability for how your Markham home is actually promoted. Everything your REALTOR® commits to providing should be in writing.
🚩
Pressure to sign immediately without review time Any Markham REALTOR® who pressures a seller to sign a listing agreement without providing adequate time to read it — or who discourages questions about specific clauses — is demonstrating a red flag about how they will conduct the entire listing relationship. Every Markham seller has the right to read the listing agreement in full before signing.
🚩
Commission that is vague or conditional on unspecified terms Commission in a Markham listing agreement should be clearly specified as a percentage of the final sale price or a defined dollar amount. Vague commission language — "to be determined," "varies based on outcome," or "subject to adjustment" — creates ambiguity that benefits the brokerage, not the Markham seller.

Pre-Signing Checklist for Markham Sellers

Listing Period ConfirmedStart date, expiry date, and the option to extend — all reviewed and agreed upon before signing
Listing Price Matches CMAThe price in the agreement matches the data-backed recommendation from your Markham REALTOR®
Commission Fully UnderstoodTotal commission %, cooperating commission allocation, and any reduction scenarios are all clarified
Holdover Period ReviewedDuration confirmed, which buyers it applies to, and how it interacts with a subsequent listing agreement
Inclusions and Exclusions CompleteEvery item you are taking is listed as an exclusion; no ambiguous items left off the list
Marketing Commitments ConfirmedProfessional photography, MLS listing, digital marketing, and agent outreach are committed to in writing
Multiple Representation Scenario UnderstoodYour rights and options if the listing brokerage also represents the buyer are fully explained
Cancellation Terms DiscussedThe process for cancelling the listing agreement early — if needed — is understood before signing
Kaizen Real Estate Team's Approach
Every Markham Seller Reviews Every Clause Before Signing

Michael John Lau and Neeraj Moolchandani at Kaizen Real Estate Team review the complete listing agreement with every Markham seller before it is executed. Every clause is explained in plain language. Every question is welcome. Every negotiable term is discussed. Markham sellers who work with Kaizen Real Estate Team never sign a listing agreement they do not fully understand — because an informed seller makes better decisions at every stage of the selling process that follows.

Frequently Asked Questions: Markham Listing Agreements

What is a listing agreement in Ontario real estate?

A listing agreement in Ontario is a legally binding contract between a home seller and a real estate brokerage that authorizes the brokerage to market and sell the seller's property. In Markham, Ontario, listing agreements are typically prepared on the standard OREA Form 200 and specify the listing price, listing period, commission structure, holdover clause, and inclusions and exclusions for the property.

What is a holdover clause in an Ontario listing agreement?

A holdover clause in an Ontario listing agreement requires the seller to pay commission even if the property sells after the listing expires — provided the buyer was introduced during the active listing period. Holdover clauses in Markham listing agreements typically run 60 to 120 days after expiry. The clause protects the REALTOR® from sellers who wait out the listing to complete a sale with an introduced buyer without paying commission.

Can a Markham seller cancel a listing agreement before it expires?

Cancelling a listing agreement in Markham, Ontario before expiry requires the consent of the listing brokerage. A seller cannot unilaterally terminate the agreement. If a Markham seller wishes to cancel early, they must negotiate a cancellation with the brokerage, which may require reimbursement of marketing expenses. Kaizen Real Estate Team discusses cancellation terms transparently with every Markham seller before signing.

How long is a typical listing agreement in Markham, Ontario?

Most listing agreements in Markham, Ontario run for 60 to 90 days — covering a full spring or fall market cycle. Shorter periods (30 days) may be used in competitive markets; longer periods (120–180 days) are sometimes used for luxury Markham properties. The listing period is a negotiable term in every Markham listing agreement.

Ready to List Your Markham Home?
Read Every Clause With Us First.

Michael John Lau and Neeraj Moolchandani at Kaizen Real Estate Team review every clause of the listing agreement with every Markham seller before it is signed. No surprises, no rushed signatures, no unanswered questions. Contact Kaizen Real Estate Team for a free seller consultation.

We’re Here to Help

Your questions, goals, and dreams matter to us. Connect with Kaizen Real Estate to experience exceptional service, expert advice, and a team that’s dedicated to your success. Let’s start building your future together.

CONTACT US