ADDvantage® Real Estate Services
Flat Fee Multiple Listing Service (MLS) Agreement to List and Maintain Real Properties
MLS ADDvantage® Flat Fee Listing Exclusive Agency Listing Agreement
1) PURPOSE:
This is an Exclusive Agency listing agreement whereby SELLER is paying ADDvantage® Real Estate Services a flat fee of $349 to provide an MLS listing service consisting of limited representation.
SELLER acknowledges that ADDvantage® Real Estate Services will place said property into the MLS under an Exclusive Agency listing which means that SELLER can only list property in the MLS with one broker.
As well, Exclusive Agency allows the SELLER to sell the property directly to a buyer, thus avoiding the co-brokerage commission of 0.0% as stated in the MLS.
2) LEGAL CAPACITY and RIGHT
This AGREEMENT is to be entered into by person(s) of legal capacity to convey real property and have the appropriate legal right to convey such property listed in the AGREEMENT.
3) PARTIES to the AGREEMENT
This AGREEMENT is entered into between the SELLER or LESSOR of real property located at and ADDvantage® Real Estate Services.
4) SERVICES PROVIDED by ADDvantage® Real Estate Services:
This AGREEMENT is entered into with the understanding that subject property is to be listed in the MLS for a flat fee which includes the following:
A) LEADS:
All leads received from any source, will be forwarded to SELLER by the following protocol:
i) Following the showing instructions as provided by SELLER
ii) Call seller and confirm appointments as instructed by the showing instructions in seller account
iii) Email SELLER a confirmation of all scheduled showings
All leads will be documented in your account under “Buyer Leads” section, located within MY ACCOUNT.
B) Live Phone Support
ADDvantage® Real Estate Services agrees to offer SELLER live phone support from 8AM-8PM, 7 days per week.
ADDvantage® Real Estate Services agrees to offer SELLER live phone support from 8AM-8PM, 7 days per week.
C) Signs
It is our recommendation to display a yard sign because it appeals to both buyers seeking FSBO properties & Realtors/agents. The ADDvantage® Real Estate Services Sign has a space provided for SELLER's phone number that can be hand written into our proprietary sign. This appeals to the potential "FSBO" buyer, indicating that the property is a For Sale By Owner, while also acknowledging to the agents that a co-broke commission is being offered.
It is our recommendation to display a yard sign because it appeals to both buyers seeking FSBO properties & Realtors/agents. The ADDvantage® Real Estate Services Sign has a space provided for SELLER's phone number that can be hand written into our proprietary sign. This appeals to the potential "FSBO" buyer, indicating that the property is a For Sale By Owner, while also acknowledging to the agents that a co-broke commission is being offered.
D) Sign Permits and Size Restrictions:
It is the SELLER's responsibility to confirm the appropriate yard sign dimensions with the local governing authorities as well as the possibility of restrictions being placed on sign usage by a homeowner's association. Some municipalities require the SELLER to obtain a sign permit. The standard yard size is 18” x 24”. If you require a different size, please enter the sign dimensions that meet the above restrictions: x .
It is the SELLER's responsibility to confirm the appropriate yard sign dimensions with the local governing authorities as well as the possibility of restrictions being placed on sign usage by a homeowner's association. Some municipalities require the SELLER to obtain a sign permit. The standard yard size is 18” x 24”. If you require a different size, please enter the sign dimensions that meet the above restrictions: x .
E) Listing Changes
i) SELLER is limited 3 price changes per 30 day period in an effort to comply with local MLS board rules that track and limit excessive price changes as a means of triggering MLS “hot sheet” reports.
ii) Any changes to listing other than price and commission will be limited to one round of changes* per month at no additional cost to SELLER.
iii) Any additional requests for changes beyond the one free round of changes per month (Item 2 above) will be charged to SELLER at $20 per round of changes, per board**.
* This means you can make as many changes as necessary at no charge (one time per month) BUT must request all changes at the same time.
** Some listings are in more than one MLS board; therefore the changes must be made in all boards, hence $20 per board.
5) TERM of AGREEMENT and RIGHT to CANCEL:
This AGREEMENT is not to exceed one year.
(Please enter dates): The term of this AGREEMENT will begin on the 29 day of July , 2010 , (or date of payment received) and terminate at 11:59 p.m. the 29 day of April , 2011 (or 9 month from listing start date).
If the property is not sold before the listing expires, SELLER may opt to extend the listing for an extra 9 month for 40% of your original service price.
This agreement can be cancelled by SELLER or LESSOR, anytime* by providing notice to ADDvantage® Real Estate Services.
ADDvantage® Real Estate Services will “unconditionally” terminate MLS listing within 24 hours (usually within 4 hours if request to terminate is received by 3:30 pm). This termination will allow another broker to input the listing immediately.
To Request termination:
A) go to: http://www.getmoreoffers.com/userhome.asp (using your user name and password) and use the provided form;
B) or, fax your request to 866-420-8957;
C) or, write us @ ADDvantage® Real Estate Services, edit my listing, 1515 Carillon Street, Holiday, FL 34691.
* SELLER/LESSOR cannot cancel AGREEMENT if there has been an executed contract which is pending closing.
6) THIS AGREEMENT is GOVERNED by:
A) All State and Federal Laws regarding housing including but not limited to: Civil Rights Act of 1856 and 1968 (Fair Housing ACT), Equal Housing Laws and in particular to the equal and unbiased showing of property regardless of race, color, religion, sex, handicap, familial status or national origin.
B) All rules and regulations of the Multiple Listing Service (MLS).
C) The terms and conditions of the ADDvantage Real Estate Network found at http://www.getmoreoffers.com/terms.asp
7) PRICE:
This property is being listed for sale/rent for: $.
This price was solely determined by the SELLER/LESSOR.
8) PERSONAL PROPERTY:
Included in the sale of this real property are items of improvements, fixtures, appliances and attached items listed here:
, ,
, , ,
, , .
9) BROKER OBLIGATIONS, AUTHORITY, and COMPENSATION:
A) SELLER authorizes ADDvantage® Real Estate Services to list property in the MLS, ADDvantage Real Estate Network's proprietary websites, Realtor.com, real estate publications, and other real estate websites for the purpose of procuring SELLER a buyer, and to provide sales information including selling price to the MLS upon sale of the property.
B) ADDvantage® Real Estate Services will advertise price, terms of sales, property description, and pictures as provided by SELLER or through an unbranded virtual tour purchased by SELLER.
C) SELLER's ONLY compensation to ADDvantage® Real Estate Services for this service is a flat fee of $349.
D) SELLER agrees to compensate, paid at closing, any licensed agent a co-brokerage commission to be determined by SELLER.
i)
MLS Commission Offer: SELLER is offering 0.0% commission in the MLS and SELLER is offering $0 bonus to procuring Realtor®. SELLER is authorizing broker to offer this commission/bonus by means of this listing agreement and further authorizes broker to advertise such commission/bonus offer in the MLS on behalf of SELLER to Realtors® in an effort procure a buyer for said property. If a sales contract is fully executed by BUYER/SELLER or if SELLER, by means of any agreement, transfers title of property to another party in which a Realtor® was the procuring cause by evidence that the Realtor's® name is on the sales contract, and successfully closes transaction, SELLER gives broker the authority to inform the title company/closing agent or
lawyer representing SELLER to include such commission/bonus, exactly as stated in the MLS, on the HUD1 settlement statement, as an item to be paid by SELLER, and gives the closing agent such authority to disburse said commission/bonus to the procuring Realtor® at closing. The only exception to 9(a) would be if SELLER and Realtor® have agreed to other commission/bonus terms than what is being advertised in the MLS by attaching this language as an addendum to the final contract (see “Change of Commission Addendum.”)
SELLER(s), please initial here: ; ; ; .
SELLER(s), please initial here: ; ; ; .
ii)
The SELLER may elect to use Agent Activate® service at any time.
(http://www.getmoreoffers.com/agent_activate.asp)
If SELLER elects to use the Agent Activate® service, An ADDvantage® agent or one of its Agent-Activate® affiliates may show and subsequently sell SELLER's property to unrepresented buyers and earn the offered buyer's agent commission as approved by SELLER.
Only one commission (the buyer's agent commission) is paid by the SELLER; Either:
a) 0.0% to an outside agent/broker, or
b) 0.0% to an ADDvantage® agent or affiliate.
iii)
While FSBO signs are permitted in this agreement, most Realtors® will be concerned that if their Buyer sees a FSBO sign, they might attempt to go around the Realtor® and deal directly with the SELLER. ADDvantage® Real Estate Services believes SELLERS should use the sign of the ADDvantage Real Estate Network because it sends a clear message to Realtors® that the property is in the MLS and a commission is being offered.
iv)
SELLER agrees to protect any Realtor® that brings a Buyer to SELLER by not allowing such a Buyer to circumvent the advertised co-broke commission in the MLS by going “around” the Realtor®. Such practice would be a violation of this listing agreement and Realtors® are protected by State statutes and MLS rules in this regard.
v)
ADDvantage® Real Estate Services agrees to receive all offers on behalf of SELLER's. ADDvantage® Real Estate Services will forward offers to SELLER upon receipt as well as call ALL numbers of record to ensure the SELLER is notified of the offer. While SELLER is not required to use ADDvantage® Real Estate Services as a conduit for all offers, SELLER agrees to provide ADDvantage® Real Estate Services a copy of any executed sales contracts within 24 hours as indicated below under SELLER'S RIGHTS, OBLIGATIONS, and RISKS.
E)
ADDvantage® Real Estate Services agrees to offer SELLER live phone support from 8AM-8PM, 7 days a week.
F)
ADDvantage® Real Estate Services agrees to forward all leads to SELLER by email and store such leads in SELLERS account under “Buyer Leads”.
G) Once a property is listed in the MLS, there are no refunds or partial refunds.
SELLER(s), please initial here: ; ; ; .
SELLER(s), please initial here: ; ; ; .
10) SELLER'S RIGHTS, OBLIGATIONS, and RISKS:
A)
SELLER agrees to have BUYER sign the ADDvantage Buyer's Disclosure at the time SELLER executes a final sales contract (and forwards this executed ADDvantage Buyer's Disclosure along with the sales contract to ADDvantage® Real Estate Services: fax: 866-420-8957 or load into "user documents" and mark private within 48 hours of execution of any sales contract) whether sales contract is executed with an unrepresented BUYER or with a represented BUYER using a Buyer's Agent. The ADDvantage Buyer's Disclosure adds additional protection from liability that ADDvantage may be exposed to due to the following factors:
SELLER(s), please initial here: ; ; ;
i) SELLER having control over uploading pictures, surveys, SELLER's real property disclosures, and other documents onto our website and ADDvantage® Real Estate Services having no way to verify the accuracy of these representations;
ii) The fact that the listing broker may not have not seen, inspected, or visited the listed property;
iii) Other general potential liabilities arising from the transaction.
SELLER(s), please initial here: ; ; ;
B)
If there is a Real Estate Agent involved in the transaction with SELLER, then it is the SELLER' sole responsibility to verify and confirm that the Real Estate Commission, also know as the co-broke, published in the MLS is the same as the commission represented in the sales contract. It is the SELLER's sole responsibility to insure that the sales commission percentage or dollar amount be written into the sales contract to insure that there is no confusion on the commission being paid to the broker responsible for the sale.
SELLER(s), please initial here: ; ; ; .
SELLER(s), please initial here: ; ; ; .
C)
If SELLER(s) negotiates with a buyer's agent/Realtor® and lowers the previously agreed and advertised co-brokerage commission of 0.0% , then SELLER should use ADDvantage® Real Estate Services approved Commission Adjustment Form. This Form can be found under SELLER Forms/Commission Adjustment Form on our forms page (http://www.getmoreoffers.com/forms.asp). Failure to use this proper form can result in a claim from against SELLER for the difference between the advertised commission of 0.0% and the newly agreed commission. By signing below, the SELLER expressly understands that failure to use this important form could result in ADDvantage® Real Estate Services holding the SELLER responsible for additional commission should an arbitration action be brought against ADDvantage® Real Estate Services by the buyer's agent's brokerage firm.
D)
SELLER is the contact person responsible for all showings, appointment settings, and incoming phone calls from interested real estate agents, brokers, general public and others. SELLER should make all reasonable efforts to make available the property to be shown at reasonable times.
E) If SELLER elects to use a lock box (Supra or standard combination), SELLER accepts responsibility for items stolen from property. Risk of theft is greater if SELLER chooses to place a lock box on property. Lock boxes are available to be purchased from ADDvantage® Real Estate Services at checkout. (http://www.getmoreoffers.com/accessories.asp)
F)
SELLER acknowledges and accepts all risks one might encounter while showing property to prospects and agrees to hold ADDvantage® Real Estate Services and ADDvantage Real Estate Network harmless of any liability resulting from showing the property.
G)
SELLER can sell property to a buyer not procured by a licensed agent and will owe no co-brokerage commission.
H)
SELLER shall not advertise property for a price lower than the agreed price in this agreement. This does not prohibit a SELLER from negotiating a lower price and does not prohibit SELLER from verbally speaking of a lower price than advertised in the MLS when speaking to prospect. This MLS rule only pertains to printed advertisements.
I)
SELLER agrees to cooperate with ADDvantage® Real Estate Services to effectuate any necessary paperwork or forms to keep in compliance with the MLS or to make changes to the listing requested by SELLER.
J)
SELLER must report all listing status changes to ADDvantage® Real Estate Services within 24 hours of a change of status change (contract accepted; contract accepted/accepting backups; withdrawn/off market; withdrawn/rented; sold/closed) by logging into your account and clicking on “change status”.
Due to the strict nature of the MLS reporting requirements, the listing broker is held responsible for prompt reporting of all MLS listing status changes (fines up to $500 or possible MLS board suspension). Therefore, ADDvantage® Real Estate Services requires strict compliance by our SELLER/client with reporting any change of listing status.
Failure to report timely will be considered a breach of this listing agreement. Remedy for breach:
Due to the strict nature of the MLS reporting requirements, the listing broker is held responsible for prompt reporting of all MLS listing status changes (fines up to $500 or possible MLS board suspension). Therefore, ADDvantage® Real Estate Services requires strict compliance by our SELLER/client with reporting any change of listing status.
Failure to report timely will be considered a breach of this listing agreement. Remedy for breach:
i) To report status changes: go to your Client Control Panel on ADDvantage® Real Estate Services's website (www.getmoreoffers.com/userhome.asp and choose status change) and check appropriate box. Our system will ask you for details necessary to make the change in the MLS. A confirmation of your change will be emailed to you immediately.
SELLER(s), please initial here: ; ; ; .
a) Terms of status changes:
1) contract pending (fully executed contract; signed by both SELLER & buyer)
2) closed/sold (executed contract successfully closed)
K) SELLER agrees to provide ADDvantage® Real Estate Services a copy of all executed sales contracts within 24 hours of execution via one of the following:
i) scanning to “user documents”
ii) fax to 866-420-8957
L)
SELLER should provide buyer with all notices required by state law including but not limited to:
i) SELLER'S DISCLOSURE STATEMENT. This disclosure allows the SELLER an opportunity to bring forward any material defects and other information to the attention of the buyer.
ii) Rules and Regulations part of the deed restrictions (if applicable).
iii) Radon Gas Warning.
iv) Pre-1978 Lead based Paint Disclosure Notice
** Note: These forms and others can found at http://www.getmoreoffers.com/forms.asp.
M)
SELLER holds ADDvantage® Real Estate Services, ADDvantage Real Estate Network, its agents, brokers, affiliates, heirs, employees, owners, assignees and shareholders harmless and indemnifies the same from loss, damages, costs, fees or attorney fees from any person, companies or other entities that ADDvantage® Real Estate Services incurs because of:
i) SELLER'S negligence, representations, misrepresentations, false statements, misleading statements, actions or inactions;
ii) The existence of undisclosed material facts about the property or,
iii) A court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from ADDvantage® Real Estate Services. This clause will survive ADDvantage® Real Estate Services performance and transfer of title.
N)
SELLER has not listed same property with another broker.
O)
If SELLER's property goes under contract, this agreement remains in full effect through and until property is closed and title is transferred.
P)
ADDvantage® Real Estate Services will send an email verification immediately upon SELLER's property being inputted into the MLS. This notification allows the SELLER to verify and edit any factual data errors or typos. If so, SELLER may respond to email verification within 72 hours of receipt, notifying ADDvantage® Real Estate Services of such errors. Errors will be corrected within 24 hours. If SELLER fails to respond to email verification, ADDvantage® Real Estate Services will deem SELLER's listing as accurate.
Q)
If at any time Broker (ADDvantage® Real Estate Services or it agents and employees) should become liable to SELLER or buyer by virtue of the Contract or the transactions contemplated by it, such Broker liability shall be limited to a sum not to exceed the flat fee MLS payment received or the commission received by such Broker as a result of this contract or Transaction, whichever is greater; and this sum shall be complete and exclusive. Broker shall pay all costs incurred in any enforcement action.
11) MISCELLANEOUS
ADDvantage® Real Estate Services recommends that SELLERS seek the advice of a Real Estate Attorney to handle closings.
ADDvantage® Real Estate Services recommends that SELLERS seek the advice of a Real Estate Attorney to handle closings.
12) SELLER NOTIFICATION INFORMATION:
| Primary Contact Number | (***-***-****) | ||
| Home Telephone: | Work Phone: | ||
| Mobile Telephone: | Facsimile: | ||
| Email: | Alternate Email: | ||
| Mailing Address: | |||
13) SELLER ACCEPTANCE OF AGREEMENT TO FLAT-FEE LISTING:
SELLER/LESSOR grants ADDvantage® Real Estate Services this flat fee listing with the terms, condition of use and descriptions of service. This agreement may be assigned to an affiliate of ADDvantage Real Estate Network for placement in the MLS and MLS listing maintenance. All persons or entities authorized to sell this property and have ownership interest must sign this agreement and including those persons duly authorized to act as representatives for the SELLER and such persons having certified that he is legally authorized to enter into this agreement:
SELLER/LESSOR grants ADDvantage® Real Estate Services this flat fee listing with the terms, condition of use and descriptions of service. This agreement may be assigned to an affiliate of ADDvantage Real Estate Network for placement in the MLS and MLS listing maintenance. All persons or entities authorized to sell this property and have ownership interest must sign this agreement and including those persons duly authorized to act as representatives for the SELLER and such persons having certified that he is legally authorized to enter into this agreement:
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
* Describe your position (owner, partner, president, V.P., attorney, power of attorney, other)
14) NO BROKERAGE RELATIONSHIP DISCLOSURE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, ADDvantage® Real Estate Services and its associates owe to you the following duties:
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS. As a real estate licensee who has no brokerage relationship with you, ADDvantage® Real Estate Services and its associates owe to you the following duties:
A) Dealing honestly and fairly;
B) Disclose all known facts that materially affect the value of residential real property which are not readily observable to the buyer;
C) Accounting for all funds entrusted to the licensee.
| Signature (Type Name) | Date |
| Signature (Type Name) | Date |
| Signature (Type Name) | Date |
| Signature (Type Name) | Date |
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