This is a sample listing agreement. Any commissions, bonuses, dates, etc that are shown will be changed based on data input by the seller during the sign-up process.
This is an Exclusive Agency listing agreement whereby SELLER is paying ADDvantage® Real Estate Network (BROKER) a flat fee of Not Available to provide an MLS listing service consisting of limited representation(SELLER is self-represented in all showings and negotiations).
SELLER acknowledges that BROKER will place said property into the selected MLS under an Exclusive Agency listing which means that SELLER can only list said property 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 3% (chosen by seller during sign-up) 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 of real property located at and ADDvantage® Real Estate Network.
4) Services Provided by BROKER:
This AGREEMENT is entered into with the understanding that subject property is to be listed in the MLS for a flat fee of $999.
Other services include the following:
ADDvantage® Real Estate Network will be marketing your listing via the following media and all leads received from any source, will be forwarded to SELLER by email for SELLER to follow-up on in an attempt to sell their property thus avoiding paying a real estate commission (the main principle of being flat fee MLS listed): MLS, Realtor®.com (“Showcase”), Homes.com, our websites (getmoreoffers.com and others that are managed by ADDvantage® Real Estate Network) and other real estate web portals domestically and internationally, as standard business protocol.
i) Flat Fee Listing comes standard with Agent Assure whereby all signs and advertisements will display the phone number of ADDvantage® Real Estate Network. ADDvantage® Real Estate Network may use its corporate number: 727-942-2929; a virtual number with a local corresponding area code; or its toll free number: 1-877-232-9695. As a part of the Agent Activate® service, ADDvantage® Real Estate Network will be scheduling all appointments for the SELLER and SELLER will be responsible for all showings.
SELLER may opt out of Agent Assure and disable this service by initialing here and if so, the SELLER's contact number will be displayed on all forms of advertisement (where allowable.) All Homes.com and phone calls from our websites will come directly to you, the SELLER. Our office will always forward any sales leads coming from Realtor®.com directly to you, the SELLER. All calls from Realtors® will be forwarded directly to you, the SELLER.
SELLER may opt into Agent Active at any time after the signup process is complete. This service turns all unrepresented buyers (buyers without an agent) over to ADDvantage® Real Estate Network to qualify, show and sell your property. All represented buyers will be handled by their Realtor®. SELLER must place a lock box on the property to use the Agent Active service because there is only one commission being offered by SELLER to the agent/Realtor® that is responsible for the sale, also referred to as the co-brokerage commission.
Flat Fee Listing comes with a traditional wood post and metal sign. If (4-a-2) above is not initialed, our phone number will be displayed on the metal sign with the corresponding MLS number. If (4-a-2) is initialed, then the SELLER's number will be printed and displayed.
Please indicate the size of the yard sign: x
Some communities (with deed restrictions) have different sign requirements. A standard size is 18” x 24”
Some require special colors, if so, enter special instructions here
Some very restrictive communities don't allow signs, if so initial here if you cannot use a sign (meaning no sign will be ordered)
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.
C) Listing Changes:
i) SELLER is limited to 3 price changes per 30 day period (at no additional charge), 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.
Changes must be made in the following increments(based on current listing price):
a) Less than $100,000, minimum price change: $500
b) $100,000 to $250,000, minimum price change: $1,000
c) Above $250,000, minimum price change: $2,500
ii) Any changes to listing, other than price and commission, will be limited to one round of changes* per 30 day period at no additional cost to SELLER.
iii) Any additional requests for changes beyond the one free round of changes per 30 day period (Item above), will be charged to SELLER at $20 per round of changes.
* SELLER can make as many changes as necessary at no charge (one time per 30 day period) BUT must complete all change requests at the same time.
5) Term of Agreement and Right to Cancel:
The term of this AGREEMENT will begin on the 27th day of October , 2016 , (or date of MLS Listing Entry) and terminate at 11:59 p.m. the 27th day of April , 2017 (or 6 months from listing start date).
If listing agreement with BROKER expires while subject property's listing status is contract pending, then BROKER agrees to extend listing period for a period of 60 days.
This extension includes an administrative fee of $25, to be paid at each 60 day extension period, as well as all current terms and conditions until such time as the property closes or the termination of such contract.
This agreement can be cancelled by SELLER anytime* by providing written notice to BROKER.
BROKER will terminate MLS listing within 24 hours.
To Request termination:
A) Using your user name and password go to My Account, then Listing Status, and click on the link for Withdraw/Off-Market. Use the provided form;
B) or, fax your request to 866-420-8957;
C) or, write us @ ADDvantage® Real Estate Network, 2515 1st Ave N, St. Petersburg, FL 33713.
* SELLER cannot cancel AGREEMENT if there has been an executed contract, which is pending closing.
SELLER(s), please initial here: ; ; ; .
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
This Property is being listed for sale for: $.
This price was solely determined by the SELLER.
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 Network 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 Network will advertise price, terms of sales, property description, and pictures if provided by SELLER.
C) SELLER's ONLY compensation to ADDvantage® Real Estate Network for this service is a flat fee of Not Available.
i) ADDvantage® Real Estate Network “broker” is entitled to 50% of any retained buyer deposits (default by buyer), if through the efforts of said broker such buyer deposits are successfully released to SELLER by proper and full execution of a “Release and Cancellation of Contract for Sale and Purchase” by buyer.
Under such conditions, the title company will disburse to broker 50% of the buyer deposit not to exceed the commission being paid to broker as compensation under this agreement.
The balance will be paid to SELLER.
D) SELLER agrees to compensate, paid at closing, any licensed agent a co-brokerage commission to be determined by SELLER.
MLS Commission Offer: SELLER is offering 3% (chosen by seller during sign-up) 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.”)
BROKER will charge Buyer's Agent an Administration Fee, paid at closing, thus reducing the commission SELLER offers Buyer's Agent. For homes listed for less than $60,000, there is NO Administration fee.
For home listed for less than $200,000, the Administration Fee is $199; for homes listed for $200,000 or more, the Administration Fee is $299.
If property is sold without a Buyer's Agent then BROKER waives the Administration Fee.
SELLER(s), please initial here: ; ; ; .
The SELLER may elect to use Agent Activate® service at any time.
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) 3% (chosen by seller during sign-up) to an outside agent/broker, or
b) 3% (chosen by seller during sign-up) to an ADDvantage® agent or affiliate.
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.
E) BROKER carries Errors and Omissions Insurance.
F) Once a property is listed in the MLS, there are no refunds or partial refunds.
SELLER(s), please initial here: ; ; ; .
G) If at any time Broker (ADDvantage® Real Estate Network 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.
10) SELLER'S Rights, Obligations, and Risks:
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 Network: 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:
i) SELLER having control over uploading pictures, surveys, SELLER's real property disclosures, and other documents onto our website and ADDvantage® Real Estate Network 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) SELLER is the contact person responsible for all showings (if Agent Activate® is turned off) from interested real estate agents, brokers, general public and others (unless SELLER has elected to use Agent Assure). SELLER should make all reasonable efforts to make available the property to be shown at reasonable times and agrees to be reasonably available to respond to agents and prospects in a timely manner, including maintaining an operational contact phone number, provided to BROKER. If BROKER deems that SELLER is unresponsive to agents' requests for showings and/or cannot be reached by phone for more than 3 consecutive days, BROKER has authority to temporarily withdraw the listing from MLS until SELLER responds and confirms availability at which time Broker will re-activate listing for no charge, provided it is within the original listing period.
C) 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 Network at checkout. (http://www.getmoreoffers.com/accessories.asp)
D) SELLER acknowledges and accepts all risks one might encounter while showing property to prospects and agrees to hold ADDvantage® Real Estate Network and ADDvantage Real Estate Network harmless of any liability resulting from showing the property.
E) SELLER can sell property to a buyer not procured by a licensed agent and will owe no co-brokerage commission.
F) 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.
G) SELLER agrees to cooperate with ADDvantage® Real Estate Network to effectuate any necessary paperwork or forms to keep in compliance with the MLS or to make changes to the listing requested by SELLER.
H) If SELLER should deal directly with a buyer, the SELLER agrees to 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) Radon Gas Warning.
iii) Pre-1978 Lead based Paint Disclosure Notice
** Note: These forms and others can found at http://www.getmoreoffers.com/forms.asp.
I) SELLER holds 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 Network incurs because of:
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 Network. This clause will survive ADDvantage® Real Estate Network performance and transfer of title.
J) SELLER has not listed same property with another broker.
K) If SELLER's property goes under contract, this agreement remains in full effect through and until property is closed and title is transferred. Additionally, should any information given by SELLER to BROKER as evidenced in this listing agreement be untrue or false, SELLER agrees that such false reporting or errors made by SELLER are a breach of this Listing Agreement and any and all portions of this are enforceable.
L) ADDvantage® Real Estate Network will send SELLER 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 errors are found, SELLER may respond to email verification within 72 hours of receipt, notifying ADDvantage® Real Estate Network of such errors. Errors will be corrected within 24 hours. If SELLER fails to respond to email verification after 72 hours, ADDvantage® Real Estate Network will deem SELLER's listing as accurate.
11) SELLER Notification Information:
Primary Contact Number
12) Governing Law, Venue, and Waiver of Jury Trial:
This agreement will be construed under United States law.
In the event of litigation or arbitration involving BROKER in any way arising out of or relating to this Agreement, the Property, or relationship created hereunder, venue shall be exclusively in County, United States.
BROKER and SELLER hereby knowingly and voluntarily waives any right to trial by jury in any litigation.
In the event that one or more provisions in this Agreement are deemed invalid, the remaining provisions will remain in full force and affect.
Any notice, request, demand, consent, or other communication required to be given pursuant to this AGREEMENT shall be in writing to the address set forth below:
ADDvantage® Real Estate Network
2515 1st Ave N St. Petersburg, FL 33713
15) SELLER Acceptance of Agreement:
All persons or entities authorized to sell this property and/or 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 they are legally authorized to enter into this agreement.
If you do not fully understand this contract, consult an attorney before you sign it.
By signing below, SELLER understands and agrees to all of the terms and conditions of this Agreement and acknowledges receipt of a copy within 24 hours of acceptance by BROKER.
I am the * for property located at
I am the * for property located at
I am the * for property located at
I am the * for property located at
* Describe your position (owner, partner, president, V.P., attorney, power of attorney, other)