What to Put in Special Provisions of the Listing Agreement
What to Put in Special Provisions of the Listing Agreement
The Special Provisions paragraph is where you capture anything not covered by the standard form. Used correctly, it protects your seller and eliminates ambiguity. Used carelessly, it creates liability.
The Rule: Facts, Not Legal Language
Special provisions should state facts and agreed business terms — not attempt to rewrite legal obligations or override printed contract language. If what you're trying to accomplish requires legal language, it needs an addendum or attorney review.
Common Legitimate Uses
Seller exclusions (people the seller can sell to directly):
"Seller reserves the right to sell the property to [Name] without obligation to pay a commission, provided a contract is executed within [X] days of the listing effective date."
Property-specific disclosures already known:
"Property is served by a private well and septic system." "Property includes a transferable [warranty/service contract] for [item]."
Staging or access terms:
"Property is occupied. 24-hour notice required for all showings." "Seller will remove personal property from the following areas prior to photography: [list]."
Agreed-upon marketing restrictions:
"Property shall not be marketed via social media until [date]." "No sign shall be placed on the property per seller's request."
Buyer agent commission terms (post-NAR):
Some agents use special provisions to state the seller's offer of BAC — confirm current best practice with your ASM, as this can also be handled via separate addenda.
What NOT to Put in Special Provisions
- Legal conclusions or liability waivers — use an addendum or attorney-drafted language
- Vague promises ("Seller will consider all reasonable offers")
- Anything that contradicts the printed contract — it creates an ambiguity that has to be resolved
- Repair commitments without specific scope and timeline — these belong in a separate written agreement
Three Terms Always Worth Including
See 3 Critical Terms to Include in ANY Listing Agreement — these should be in every listing, not just in special provisions where applicable.
When in Doubt
Run it by your ASM before you execute the listing agreement. Unusual special provisions that bind the seller to something non-standard are worth a 5-minute check before they become a problem at closing.