| 1. |
EXCLUSIVE AGENCY: SELLER understands that, under this Agreement, SELLER shall list the Real Property described below with BROKER only. SELLER is prohibited from entering into any other listing agreement to market and sell said Property during the initial or any extended term of this Agreement unless SELLER first cancels this Agreement in writing to BROKER. This Agreement may not be canceled while property is under contract and pending to close. |
| 2. |
TERM AND AUTHORITY TO SELL: SELLER hereby appoints BROKER as the Exclusive Broker authorized to list and sell SELLER’s Real Property (collectively “Property”) described below, at the price and terms described below, beginning the day of
(mm/dd/yyyy), and terminating at 11:59 p.m. the day of
(mm/dd/yyyy). * Term may not exceed one year* BROKER agrees to list the Property until it sells, (unless SELLER cancels this Agreement) however, this Agreement may not extend automatically. In the event the Property has not sold as of the expiration of this Agreement, SELLER may renew the services by signing a Listing Extension Agreement to list said Property for another term up to one year at no additional charge. SELLER certifies that SELLER is legally entitled to convey the Property and all improvements. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law. |
| 3. |
DESCRIPTION OF PROPERTY: |
| a) |
Real Property Address |
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| b) |
Legal Description |
(Your property's legal description can be located on your deed or title policy) |
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Check here to attach Legal Description later. |
| 4. |
PRICE AND FINANCING TERMS: The Property is offered for sale on the following terms, or on other terms acceptable to SELLER: |
| a) |
Price |
$
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SELLER is solely responsible for determining the listing price. |
| b) |
Financing Terms Considered |
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| 5. |
COMPENSATION: |
| a) |
Compensation
to BROKER: SELLER agrees to pay
BROKER a professional fee determined by
the listing plan selected by SELLER in
Section 10 of this agreement. Payment
is due and payable to Get
Sold MLS Realty, Inc. upon executing
this Agreement. No Commission is due to
Get Sold MLS
Realty, Inc. upon the sale of the
property.
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| b) |
Compensation to Buyer’s Broker: (“Commission to Cooperating Broker”): SELLER authorizes BROKER to offer a Commission to any Licensed Real Estate Brokerage or Licensed Real Estate Agent (“Cooperating Broker”) for the purpose of procuring a buyer for the Property. |
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SELLER hereby agrees to pay any Cooperating Broker who procures a Buyer for the Property resulting in a closed sale, a Commission in the amount of
% of the sale price of the Property paid upon Closing. SELLER initial here:
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Notice: The amount or rate of the real estate commission is not fixed by law. They are set by each Broker/ Realtor individually and may be negotiable between Seller and Broker/ Realtor. |
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| c) |
Right to sell without a Broker: Under this agreement SELLER may sell the Property to any buyer who has not been represented by, or shown the Property by a Cooperating Broker during the term of this Agreement. In this event SELLER shall owe no Commission upon the sale of the Property. |
| d) |
60 Day Protection Period:
SELLER shall remain obligated to pay Commission to a Cooperating Broker if: |
| 1) |
Within 60 days following the termination of this Agreement, SELLER enters into a Contract to sell or transfer Property, which results in a closing, to any buyer who was represented by or shown the Property by a Cooperating Broker during the term of this Agreement, or |
| 2) |
SELLER transfers a legal or equitable interest in the property to any buyer who was represented by or shown the Property by a Cooperating Broker during the term of
this Agreement.
The above mentioned provisions of this paragraph shall apply unless said contract or transfer occurs while property is listed exclusively with another Broker. |
| 6. |
SELLER OBLIGATIONS: |
| a) |
MLS Information:
SELLER shall provide BROKER with all the property information requested and represents that said information is true and accurate to the best of SELLER'S knowledge. SELLER is responsible for all inaccuracies contained in the information provided to BROKER. SELLER understands that BROKER does not conduct any investigation of the Property to verify the information provided and is not responsible for the accuracy of the information. SELLER should make all reasonable efforts to make the property available to Cooperating Brokers for showings at all reasonable hours. |
| b) |
Verifying MLS Information:
BROKER shall input the above referenced information with the local MLS. BROKER shall complete a Verification Form, delivered to seller via email immediately upon entering the listing in the MLS, setting forth all of the information as entered in the MLS. SELLER may review, edit, sign and return the Form with corrections, if any, to BROKER within 48 hour of receipt of Form. BROKER shall correct any errors as detailed by SELLER within 24 hours. If SELLER fails to return the Form within the time specified BROKER shall deem the listing as accurate. |
| c) |
Changes to listing Price and Commission: SELLER may not advertise the Property for sale at a price lower than represented in the MLS listing. Any changes to the listing price will not be effective until submitted to BROKER in writing, signed by SELLER and submitted to the MLS by BROKER. Changes to the Commission offered will not be effective until submitted to BROKER in writing, signed by SELLER and submitted to the MLS by BROKER. The above does not prohibit SELLER from negotiating a lower price with a buyer. In the event SELLER negotiates a lower Commission with a Cooperating Broker, SELLER shall detail the agreed Commission in the sale contract for the Property to avoid disputes at closing. |
| d) |
Timely Reporting of Information: FAILURE TO COMPLY WITH THE FOLLOWING TERMS SET FORTH BELOW IN THIS SECTION CONSTITUTES A BREACH OF THIS AGREEMENT BY SELLER AND WILL RESULT IN A FINE PAYABLE TO GET SOLD MLS REALTY, INC. IN THE AMOUNT OF $300.00.
SELLER HEREBY AGREES TO THE FOLLOWING: |
| d-1.) |
SELLER WILL NOTIFY BROKER IN WRITING WITHIN 48 HOURS OF EXECUTING A CONTRACT FOR THE SALE OF THE PROPERTY. SELLER WILL PROVIDE BROKER WITH A COPY OF THE EXECUTED CONTRACT, ANY ATTACHMENTS INCLUDING BUT NOT LIMITED TO ADDENDUMS AND DISCLOSURES, THE NAME AND CONTACT INFORMATION FOR THE BUYER, THE TITLE COMPANY OR ATTORNEY THAT WILL HANDLE THE CLOSING AND, IF APPLICABLE, THE NAME AND CONTACT INFORMATION FOR THE COOPERATING BROKER. |
| d-2.) |
SELLER WILL ALSO NOTIFY BROKER WITHIN 48 HOURS OF THE SALE OF THE PROPERTY (CLOSING OR TRANSFER) AND PROVIDE BROKER WITH A COPY OF THE HUD-1 SETTLEMENT STATEMENT OR CLOSING STATEMENT AND SELLER'S NEW ADDRESS. |
| d-3.) |
SELLER WILL NOTIFY BROKER IN WRITING WITHIN 24 HOURS IN THE EVENT THE EXECUTED CONTRACT CANCELS OR IF THE SELLER DECIDES TO WITHDRAW THE PROPERTY FROM THE MARKET. |
| e) |
Disclosure Requirements: SELLER understands that SELLER has a duty under Florida Law to disclose facts which materially and adversely affect the value of the property, including violations of governmental laws, rules and regulations. SELLER understands that Florida Law requires BROKER and Cooperating Broker, if applicable, to disclose to buyers any facts known, which materially affect the value of the Property, which are not readily observable by any buyer. SELLER expressly releases BROKER from any responsibility or liability regarding disclosure requirements whether required by statute or by law. SELLER agrees to indemnify BROKER and hold BROKER harmless for any violation of any ordinance, regulation, law or statute regarding SELLER'S disclosure obligations. SELLER must provide buyers with a Lead Based Paint Disclosure Notice before entering into a contract if the Property is built prior to 1978 . BROKER will provide to SELLER, upon request, any disclosure forms necessary for the sale. It is recommended that SELLER obtain legal assistance for completing all disclosure forms. |
| f) |
BROKER not responsible for damages: SELLER shall indemnify, defend, and hold harmless BROKER and/or any representative of BROKER from any damages, costs, attorney fees and/or expenses whatsoever related to any claims made against BROKER in connection with the Property. In the event that an action and/or claim arises between SELLER, BROKER, Buyer, Cooperating Broker, and/or any other third parties regarding any acts or omissions, negligence and/or all other liability, then SELLER agrees to indemnify, defend and hold harmless BROKER from said action or claim. |
| g) |
Risk: SELLER accepts all risks related to the sale of the Property including but not limited to theft, damage, and personal harm that may result from showing the Property and from the use of a lockbox. SELLER understands that the use of a lockbox presents a greater risk of theft or damage. If a lockbox is used, it is recommended that SELLER secure all valuables as SELLER deems necessary. |
| h) |
Equal and Fair Housing Laws:
SELLER understands that SELLER must comply with federal and state laws concerning fair housing. SELLER acknowledges that federal, state and local laws prohibit discrimination based on race, color, religion, sex, disability, familial status, or national origin. |
| 7. |
SELLER'S ACKNOWLEDGEMENT OF BROKER'S LIMITED DUTIES: This Agreement creates an Exclusive Agency Agreement to Market SELLER’S Property and limits the performance
requirements of BROKER as set forth herein. BROKER is not representing SELLER as a full service
real estate agency, but rather has limited obligations to SELLER. BROKER has no obligation to prepare or negotiate on SELLER’S behalf, a real estate contract for the sale of the Property. SELLER acknowledges that selling the Property may be complicated and may require professional legal assistance. SELLER agrees to obtain legal assistance as SELLER deems necessary. SELLER also understands that this Agreement does not guarantee a sale of the Property. BROKER shall not be an escrowee. SELLER shall not execute a sales contract that stipulates or requires BROKER to hold earnest money or a possession escrow. It is recommended that SELLER utilize the services of a Florida attorney or title company to handle the closing of the Property and/or escrow of earnest money deposits. |
| 8. |
CANCELLATION AND REFUND POLICY:
Refunds will only be issued within 7 (Seven) days from the date of this Agreement. Cancellation must be in writing. This Agreement may not be canceled if the Property is under contract and pending to close. In the event this Agreement expires while the Property is under contract; this Agreement shall extend and remain in force until transfer of title. If SELLER cancels this Agreement, SELLER is waiving the right to re-list the Property at no additional charge and will be required to pay for a new Listing Plan to re-list Property with BROKER. |
| 9. |
MISCELLANEOUS PROVISIONS: |
| a) |
Entire Agreement:
This Agreement contains the entire Agreement and may only be modified in writing signed by all parties. |
| b) |
Attorney's Fees:
The prevailing SELLER or BROKER shall be entitled to reasonable attorney fees and costs from the non-prevailing SELLER or BROKER in any action, proceeding or arbitration between SELLER and BROKER regarding the obligation to pay compensation under this agreement. |
| c) |
Binding: This Agreement shall be binding upon the parties hereto and respective heirs, personal representatives, successors, and assigns. |
| 10. |
LISTING PLAN:
SELLER may purchase upgrades or additional services from BROKER after executing this Agreement at any time during the term of this Agreement. Any additional services or upgrades purchased after executing this Agreement will be described in an addendum drafted and signed by BROKER and SELLER and will be made a part of this Agreement at that time. SELLER is purchasing the following selected Listing Plan:
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Basic Listing Plan: $189 |
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Premium Listing Plan: $299 |
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Virtual Realtor Listing Plan: $399
Paid upfront and .5% at closing
(Virtual Realtor Listing
Agreement Addendum must accompany this Agreement) |
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All persons and/or entities authorized to sell the Property must sign this Agreement, and the undersigned signature(s) must include all persons and/or entities, or their duly authorized representatives who have ownership interest in the Property. If the individual signing this Agreement is acting in a representative capacity, such individual certifies that he/she is legally authorized to enter into this Agreement. |
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By typing signature below, SELLER acknowledges that SELLER has read, understands, and is accepting this Agreement and the terms and requirements set forth herein.
By typing my name below I, SELLER, understand that my Electronic Signature is the equivalent of a hand written signature. |
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IMPORTANT NOTICE |
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FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE. |
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You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation. |
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NO BROKERAGE RELATIONSHIP NOTICE |
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FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE REATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. |
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As a real estate licensee who has no brokerage relationship with you, Get Sold MLs Realty, Inc. , and its associates owe you the following duties: |
| 1) |
Dealing honestly and fairly. |
| 2) |
Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer. |
| 3) |
Accounting for all funds entrusted to the licensee. |
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By typing their Electronic Signature below, SELLER acknowledges receiving the above referenced No Brokerage Relationship Notice. |
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