ALTRU Realty Agreement to List and Maintain Real Properties
PRO 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 all persons or entities authorized to sell this property and/or have ownership interest ("SELLER") and ALTRU Realty ("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 8th day of May , 2024 , (or date of MLS Listing Entry) and terminating at 11:59 p.m. the 8th day of November , 2024 (or 6 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.
B)
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) 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 where allowed, 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 ALTRU Realty 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) 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.
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) 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
E) 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.
F) Perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445).
G) 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.
H) Immediately inform BROKER of any material facts that arise after signing this Agreement.
6) 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.
7) Compensation:
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: Not Available 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 2% (chosen by seller during sign-up) and compensate BROKER 2% at close ($4,500 min).
ii) If BUYER is not represented by a licensed agent other than BROKER, SELLER agrees to compensate BROKER 3% 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) If Seller refuses or fails to sign an offer at the price and terms in this agreement, defaults on an executed contract, or agrees with a buyer to cancel an executed contract.
iii) 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.
iv) 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.
v) 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.
D)
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 $60,001, 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: ; ; ; .
8) 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 2% (chosen by seller during sign-up) of the total purchase price and a bonus of $0 .
9) 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.
Unauthorized use of any photography or other media owned by another party, with or without an identifiable watermark, or otherwise known (or unknown) to belong to another party (such as a prior listing agent, photographer, videographer, or from a website) may result in a copyright infringement lawsuit (Copyright Act, 17 U.S.C 501) against the BROKER. Should SELLER or SELLER'S representative provide photos to BROKER for advertising the property named in this AGREEMENT that are not owned by the SELLER, this may cause an action or lawsuit that could result in a significant monetary claim against BROKER. Should legal action be taken against BROKER that results in a court awarding damages to the Plaintiff/owner of copyrighted materials (or settlement is paid to Plaintiff by BROKER's liability insurance), SELLER agrees to take full responsibility for damages and legal fees and/or repayment of liability insurance deductible plus related damages incurred by BROKER a result of copyright infringement claim.
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 be assessed to SELLER. 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: ; ; ; .
10) Miscellaneous:
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.
11) Dispute Resolution:
This agreement will be construed under New York 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.
12) Governing Law, Venue, and Waiver of Jury Trial:
This agreement will be construed under New York 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 Erie County, New York.
BROKER and SELLER hereby knowingly and voluntarily waives any right to trial by jury in any litigation.
13) Severability:
In the event that one or more provisions in this Agreement are deemed invalid, the remaining provisions will remain in full force and affect.
14) 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.
15) Notices:
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:
ALTRU Realty
5490 Chestnut Ridge Rd Orchard Park, NY 14127
Or fax to: 866-232-9695
Or email to: info@altrurealty.com (due to the unreliable nature of email communications, you must receive email confirmation back from Altru Realty verifying receipt in order to be considered valid notice)
Please complete the following disclosure, which is not part of the listing agreement, but is required to be completed by New York law:
Division of Licensing Services
New York State
Department of State
P.O. Box 22001
Albany, NY 12201-2001
Customer Service: (518) 474-4429
www.dos.ny.gov
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT
New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
Disclosure Regarding Real Estate Agency Relationships
Seller’s Agent
A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
Buyer’s Agent
A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interest. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the
agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not consistent with the agent’s fiduciary duties to the buyer.
Broker’s Agents
A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller cannot provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
Dual Agent
A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.
Dual Agent with Designated Sales Agents
If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will
DOS-1736-f (Rev. 11/15)
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New York State Disclosure Form for Buyer and Seller
function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the landlord or tenant. A designated sales agent cannot provide full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent
under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.
This form was provided to me by
Renee Golda-Widman
of
ADDvantage® Real Estate Services
(Print Name of Licensee)
(Print Name of Company, Firm or Brokerage)
a licensed real estate broker acting in the interest of the:
☑ Seller as a (check relationship below)
☑ Seller’s Agent
☐ Broker’s Agent
☐ Buyer as a (check relationship below)
☐ Buyer’s Agent
☐ Broker’s Agent
☐ Dual Agent ☐ Dual Agent with Designated Sales Agent
For advance informed consent to either dual agency or dual agency with designated sales agents complete section below:
☑ Advance Informed Consent Dual Agency ☐ Advance Informed Consent to Dual Agency with Designated Sales Agents
If dual agent with designated sales agents is indicated above: is appointed to represent the
buyer; and is appointed to represent the seller in this transaction.
(I) (We) acknowledge receipt of a copy of this disclosure form:
Signature of ☐ Buyer(s) and/or ☑ Seller(s):
Signature (Type Name)
Date
Signature (Type Name)
Date
Signature (Type Name)
Date
Signature (Type Name)
Date
DOS-1736-f (Rev. 11/15)
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16) 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
Signature (Type Name)
Date
I am the * for property located at
Signature (Type Name)
Date
I am the * for property located at
Signature (Type Name)
Date
I am the * for property located at
Signature (Type Name)
Date
Affiliated Business Arrangement Disclosure Notice
This is to give you notice that the owners of ALTRU Realty and the website GetMoreOffers.com, has a business relationship with New Frontier Title, LLC in that one or more of the owners of ALTRU Realty and GetMoreOffers.com have an ownership interest in. This notice is given to disclose this relationship as this referral may provide ALTRU Realty and GetMoreOffers.com or its owners a financial benefit via returns on ownership interest.
While we recommend New Frontier Title, LLC as they may provide a superior service, value and convenience, you are NOT required to use the listed provider as a condition for listing your property with ALTRU Realty or the website GetMoreOffers.com.
There are frequently other settlement service providers available with similar services. You are free to shop around to determine that you are receiving the best services and the best rate for these services.
ACKNOWLEDGMENT: I/we have read this disclosure form, and understand that ALTRU Realty is referring me/us to purchase the above-described settlement service(s) and may receive a financial benefit as the result of this referral.
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