Full Service / Discount MLS Listing Agreement - PRO with NFT MLS Listing Full Service / Discount Listing Program program
ADDvantage® Real Estate Network United States Full Service / Discount Multiple Listing Service (MLS) Agreement to List and Maintain Real Properties
PRO with NFT MLS Listing Exclusive Right of Sale Listing Agreement
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 Exclusive Right of Sale Listing Agreement ("Agreement") is between ("SELLER") and ADDvantage® Real Estate Network ("BROKER").
1) Authority to Sell Property:
A) SELLER gives BROKER the EXCLUSIVE RIGHT TO SELL the real and personal property (collectively "Property") described below, at the price and terms described below, beginning the 20th day of June , 2021 , (or date of MLS Listing Entry) and terminating at 11:59 p.m. the 20th day of June , 2022 (or 12 months from listing start date) (“Termination Date”). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract.
SELLER and BROKER acknowledge that this Agreement does not guarantee a sale.
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.
SELLER certifies and represents that he/she/it is legally entitled to convey the Property and all improvements.
SELLER can cancel this Agreement and permanently/unconditionally withdraw listing from the MLS by giving the BROKER a 60 day written notice (or electronic signature via online source approved by BROKER).
2) Description of Property:
A) Real Property Street Address:
B) Legal Description:
C) Personal property included:
D) Occupancy: Property (is) (is not) currently occupied by a tenant. If occupied, the lease term expires Additional Lease Information:
3) Price and Terms:
The Property is offered for sale with the following terms, or with other terms acceptable to SELLER:
A) Price: Price includes all fixtures, personal property defined above, and major appliances except:
B) Price includes all fixtures, personal Property defined above, and major appliances except:
C) Financing Terms:
4) BROKER Obligation and Authority:
BROKER agrees to make diligent and continued efforts to sell the Property until a sales contract is obtained.
SELLER authorizes BROKER to:
A) Advertise the Property as BROKER deems advisable in publications, computer networks, including the Internet and other media, and allow appropriate transaction signs on the Property, including "For Sale" and "Pending/Contract Pending" signs (once SELLER signs a sales contract).
B) Place the Property in a Multiple Listing Service(s) (MLS). SELLER authorizes BROKER to report to the MLS/Association of Realtors® this listing information and price, terms and financing information on any resulting sale. SELLER authorizes BROKER, the MLS and/or Association of Realtors® to use, license, or sell the active listing and sold data.
C) If SELLER decides to use a lock box so that licensed real estate agents to access the property, SELLER acknowledges that a lock box does not ensure the Property's security; SELLER is advised to secure or remove valuables. SELLER agrees that the lock box is for the SELLER's benefit and releases BROKER, persons working through BROKER and BROKER's local Realtor® Board/Association from all liability and responsibility in connection with any loss that occurs.
D) Act as a Single Agent (see Single Agent Notice at end of agreement)
E) BROKER for ADDvantage® Real Estate Network should not be relied upon or held responsible for the following: to be physically present at Property inspections, Property appraisals, closing, or be held responsible for delivery of keys.
5) LISTING CHANGES:
SELLER can make as many changes as necessary at no charge.
6) SELLER Obligations:
In consideration of BROKER's obligations, SELLER agrees to:
A) Cooperate with BROKER in carrying out the purpose of this Agreement, including informing BROKER prior to selling, leasing, mortgaging, or otherwise encumbering the Property.
B) SELLER further agrees to provide agents/brokers access to the Property or make the Property available for showing during reasonable times as indicated according to showing instructions set forth in Property listing form: Failure to make property available for showings is a violation of MLS rules and will be considered a breach of this Agreement. If showings requested at reasonable hours and with reasonable notice (24 hours prior notice) are rejected more than 3 times within 30 days, SELLER will be considered in breach of this Agreement and subject to BROKER penalty of $695. Failure to remedy breach will also result in conditional withdraw of listing in the MLS by BROKER for 60 days or through the end of the listing term, whichever is greater.
C) Make all legally required disclosures, including all facts that may materially affect the Property's value and are not readily observable or known by the buyer. SELLER represents and warrants that:
i) SELLER knows of no such material facts except those expressly set forth in the SELLER's Real Property Disclosure Statement
ii) There are no prior listings, sale or other agreements affecting the Property that have not been lawfully terminated
iii) Immediately inform BROKER of any material facts that arise after signing this Agreement
iv) SELLER certifies and represents that SELLER knows of no such material facts (local government building code violations, unobservable defects, etc.) other than the following:
D) SELLER agrees to pay compensation amount listed in Section: “COMPENSATION” to a buyer's agent who has shown the property to a specific buyer; And that buyer subsequently enters into a contract for sale and purchase with SELLER and successfully closes transaction.
SELLER agrees that a buyer's agent who shows the property to a specific buyer thus establishes procuring cause.
SELLER agrees that any attempt circumvent a buyer's agent commission by not including the compensation in the HUD closing statement that is owed to buyer's agent who has shown procuring cause, will be considered a breach of this agreement.
Additionally, should closing agent fail to properly display on closing statement (Alta Closing Disclosure/HUD) and collect BROKER compensation amount listed in Section: "COMPENSATION" of this agreement, BROKER may take any of the following actions to collect payment;
i) file small claims or any claim (or suit) in any court for collection including repayment for courts costs and BROKER'S attorney fees;
ii) SELLER hereby grants BROKER and BROKER reserves the right to place a lien on any Property of SELLER where SELLER has an equitable interest, should BROKER determine that SELLER is attempting to circumvent paying the agreed upon compensation that is rightfully due to a buyer's agent or fails to pay BROKER compensation amount as listed in Section: "COMPENSATION" of this agreement.
For purposes of this paragraph, BROKER will be treated as a party to contract signed between Buyer and SELLER.
Should BROKER incur costs or damages resulting directly from breach including board of Realtors arbitration findings regarding procuring cause and the payment of commission due, these BROKER liabilities are transferable to SELLER.
E) Consult appropriate professionals for legal, tax, zoning, permitting, square footage, property condition or size, environmental, foreign reporting requirements and other specialized advice (SELLER acknowledges that Listing Broker and its salespersons are not qualified or authorized to give such advice and, if given, SELLER shall not rely in any way on such advice); and
F) Indemnify BROKER and hold BROKER harmless from losses, damages, costs and expenses of any nature, including attorney's fees, and from liability to any person, that BROKER incurs because of
i) any loss or theft relating to the use of a lock box or form SELLER's failure to remove or secure valuables,
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 BROKER. This clause will survive BROKER's performance and the transfer of title.
G) Perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445).
H) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer.
I) Immediately inform BROKER of any material facts that arise after signing this Agreement.
J) 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 upfront 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.
7) Third Party Vendors:
As a courtesy, BROKER may provide SELLER with one or more names of service providers including but not limited to, inspectors, engineers, contractors, repairpersons, or attorneys that other consumers have used or of whom we are aware.
The final choice of any service provider rests solely with SELLER and SELLER is free to choose any provider, whether the name appears on any list or not.
The providing of such names shall not in any way be construed to be a recommendation or endorsement of, nor is BROKER warrant the work of, any of the named providers. SELLER agrees to hold BROKER harmless from any and all claims or losses that in any way arise out of, or relate to, the selection or use of any such service provider.
SELLER agrees to compensate BROKER as specified below for procuring a buyer who is ready, willing and able to purchase the property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to SELLER.
A) SELLER will compensate BROKER as follows: $0 up front and an at-close commission based on one of the following transaction types:
i) If BUYER is represented by licensed agent other than BROKER, then SELLER agrees to compensate the Buyer's Agent (also referred to "Selling Agent" in MLS) the agreed commission as so stated in the MLS 3% (chosen by seller during sign-up) and compensate BROKER 1% at close ($3,000 minimum).
ii) If BUYER is not represented by a licensed agent other than BROKER, SELLER agrees to compensate BROKER 2% at close ($4,500 minimum).
B) BROKER's compensation is due in the following circumstances:
i) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether the buyer is secured by SELLER, BROKER, or any other person.
ii) During the last 15 days of a listing agreement, should an offer be submitted for possible acceptance or negotiations, SELLER agrees to extend listing agreement for an additional 30 days, allowing BROKER and SELLER ample time to address and negotiate offer.
iii) If, within 60 days after Termination Date (“Protection Period”), SELLER transfers or contracts to transfer the Property or any interest in the Property to a BUYER who was introduced to the Property prior to the Termination Date by showing or communications with SELLER, BROKER or other licensee regarding the property.
iv) If SELLER is found to be in breach of this Agreement.
C) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive 50% of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to exceed the paragraph 8(A) fee.
BROKER will charge Buyer's Agent an Administration Fee, paid at closing, thus reducing the commission SELLER offers Buyer's Agent. For homes sold at $60,000 or less, there is NO Administration fee.
For home sold from $60,001 to $199,999, the Administration Fee is $199; for homes sold 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: ; ; ; .
9) Cooperation and Compensation with Other Brokers and Deposits:
BROKER agrees to cooperate with all other brokers and SELLER acknowledges the following:
A) A commission may be due at closing to another agent/broker as specified in sales contract for procuring a buyer who is ready, willing, and able to purchase the Property. If Property is sold by an agent/broker, SELLER agrees to pay 3% (chosen by seller during sign-up) of the total purchase price and a bonus of $0 .
B) In United States, there are 3 types of “agency relationships” that agents may have with buyer or seller clients, as listed below. Regardless of which agency relationship an agent has with their buyer, ADDvantage® Real Estate Network will cooperate with any of these 3 agency relationships listed below and pay the offered co-broke commission of 3% (chosen by seller during sign-up) . Only one commission would be paid to one agent on the buyer side.
i) Buyer's Agent: Agents that have an exclusive relationship with buyer owes obedience to buyer as one of the predominant conditions of employment.
ii) Transaction Broker: Agent that have conditions of employment that include honest and forthright dealing with buyer and seller, all parties should be treated equally.
iii) No-Brokerage Relationship: Agents that typically have less responsibility than the above Transaction Broker relationship to buyer and seller.
10) Title Insurance:
SELLER is opting to use BROKER's affiliated title company, New Frontier Title, LLC, for closing and the issuance of the title policy, and as a result is receiving a discount on the BROKER’s up-front listing fee. If SELLER later opts to close with a title company other than New Frontier Title, SELLER agrees to pay BROKER (at time of closing) additional commission of $499 from their closing proceeds.
A) In Florida, SELLER customarily controls and pays for title policy (promulgated by the State of Florida $5.75/$1000 of sales prices) and also by protocol SELLER pays for State of Florida documentary stamps on deed ($0.70/$100 of sales price) except in Collier, Broward, Sarasota, and Miami-Dade Counties, where the buyer may be responsible for title policy.
B) Before closing, SELLER is usually required to provide evidence of clear title to the new buyer and lender. A title search and the resulting title insurance assures buyers and lenders that there are no liens on the property and identifies the balances, if any, of existing mortgages. To ensure escrow funds are held by New Frontier Title, have the buyer's agent on page 1 of the Purchase and Sales Agreement (contract) enter (required field on the contract) New Frontier Title, LLC, 801 49th St N, St. Petersburg, FL 33710 phone: 877-544-6447 fax: 888-652-6326 email: email@example.com . New Frontier Title, LLC is bonded & insured; underwriter is Old Republic Title Insurance Company and Alliant National Title Insurance Company.
11) Use of Listing Content; Intellectual Property License: Unless SELLER delivers to BROKER a written certification, in a form acceptable to BROKER, that SELLER does not desire the Listing Content to be disseminated by a multiple listing service, SELLER acknowledges and agrees that all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the Property provided by SELLER to BROKER or BROKER’s agent (the “SELLER Listing Content”), or otherwise obtained or produced by BROKER in connection with this Agreement (the “BROKER Listing Content”), and any changes to the SELLER Listing Content or the BROKER Listing Content, may be filed with one or more multiple listing services, included in compilations of listings, and otherwise distributed, publicly displayed and reproduced. SELLER hereby grants to BROKER a non-exclusive, irrevocable, worldwide, royalty free license to use, sublicense through multiple tiers, publish, display, and reproduce the SELLER Listing Content, to prepare derivative works of the SELLER Listing Content, and to distribute the SELLER Listing Content or any derivative works thereof. This non-exclusive license shall survive the termination of this Agreement for any reason whatever. SELLER represents and warrants to BROKER that the SELLER Listing Content, and the license granted to BROKER for the SELLER Listing Content, do not violate or infringe upon the rights, including any copyright rights, or any person or entity. SELLER acknowledges and agrees that as between SELLER and BROKER, all BROKER Listing Content is owned exclusively by BROKER, and SELLER has no right, title or interest in or to any BROKER Listing Content.
Multiple Listing Services adhere to strict copyright policies and therefore BROKER can face immediate fines as a result of copyright infringement. Any photography that is downloaded from another site or content (i.e., “property description”) that is copied from another listing is potentially a copyright infringement. If your property has been listed by another agent before being listed with us, the photography and content is the property of that agent. It is your responsibility to have written permission to use previously listed photography or content before it is uploaded into our system. Should BROKER incur a fine as a result of copyright infringement by use of the content or photography uploaded by the SELLER, the fine will assessed to SELLER and charged to credit card on file. Any content or media that is found to be in violation will be immediately removed from all websites and MLS systems where the information is displayed. If MLS assesses fine to BROKER, SELLER will be notified of the infringement and the fine notice and will be responsible for updating photography or content before it can be posted online. Note that copying a property description (entirely or in part) from other unrelated property address is still subject to copyright infringement fines.
SELLER(s), please initial here: ; ; ; .
This Agreement is binding on BROKER's and SELLER's heirs, personal representatives, administrators, and successors.
Signatures, initials, and modifications communicated by facsimile will be considered as originals.
The term BUYER as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees.
The term BROKER includes Broker's sales associates and employees.
Time is of the essence. Paragraphs titled "COMPENSATION", "DISPUTE RESOLUTION", "GOVERNING LAW, VENUE, AND WAIVER OF JURY TRIAL", "SEVERABILITY", and NOTICES shall survive the termination or expiration of this Agreement.
13) Dispute Resolution:
This agreement will be construed under United States law.
All controversies, claims, and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties.
Arbitration: SELLER and BROKER agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties.
Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fee and administrative fees of arbitration.
14) 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.
16) Entire Agreement:
This Agreement sets forth the entire agreement between SELLER and BROKER and may only be modified in writing signed by SELLER and BROKER.
This Agreement may be executed in counterparts and via facsimile.
If any provision herein is or becomes invalid or unenforceable, all remaining provisions shall remain fully effective.
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
801 49th St N St Petersburg, FL 33710
18) Single Agent Notice
UNITED STATES LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
As a single agent, ADDvantage® Real Estate Network and its associates owe to you the following duties:
Dealing honestly and fairly;
Accounting for all funds;
Skill, care, and diligence in the transaction;
Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
Disclosing all known facts that materially affect the value of residential real property and are not readily observable.
19) 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.