ADDvantage® Real Estate Network
United States Flat Fee Multiple Listing Service (MLS) Agreement to List and Maintain Real Properties
Professional ADDvantage™ 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 24th day of April , 2024 , (or date of MLS Listing Entry) and terminating on the 24th day of October , 2024 . 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B) SELLER may request that their MLS listing be temporarily withdrawn from the MLS:
i) The property can only be temporarily withdrawn for a period of time not to exceed 90 days, as per MLS rules and regulations.
ii) SELLER may be temporarily withdrawn from MLS a maximum of (1) time per six month listing period, not to exceed 90 days. If SELLER wishes to withdraw more than (1) time during a 6 month period, a $99 fee will apply for reinstatement to Active Status.
C)
SELLER can cancel this listing agreement and permanently withdraw listing from the MLS at any time with no cancellation fee by giving the BROKER a 30 day notice by changing the status to withdrawn.
Seller can temporarily withdraw listing per above.
If SELLER enters into a sales contract after termination of this listing agreement with a private party or agent whom has viewed home while listed with BROKER, then BROKER's commission is protected for a period of time of 60 days post-cancellation. In such a case, BROKER is entitled to the commission stated in this Agreement (0.75% at close ($1,500 min)) unless Seller lists home with another agent using an Exclusive Right of Sale listing agreement.
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:
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" signs.
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 Transaction Broker (see Transaction Broker Notice at end of agreement)
E) BROKER for ADDvantage® Real Estate Network agrees to do the following as a part of the Professional ADDvantage™ MLS Listing program:
i) BROKER for ADDvantage® Real Estate Network will negotiate all offers, counter offers, inspection addendums, appraisal related issues, and close the transaction in a professional manner.
ii) BROKER for ADDvantage® Real Estate Network will assist SELLER with choosing a title agent and send such title company the executory sales contract.
iii) BROKER for ADDvantage® Real Estate Network will assist, cooperate, and facilitate the closing process with all parties including Realtor®/buyer's agent, property inspectors, property appraisers, and Title Company.
iv) BROKER for ADDvantage® Real Estate Network will review a HUD settlement statement from Title Company prior to closing.
v) 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) Leads:
All leads received from any source will be managed and recorded in SELLER's account by the following protocol:
A) Informing caller of SELLER's contact phone numbers
B) Following the showing instructions as provided by SELLER
C) All leads will be documented in SELLER account under “Buyer Leads” section, located within MY ACCOUNT.
6) LISTING CHANGES:
SELLER can make as many changes as necessary at no charge.
7) 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
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 and collect BROKER compensation amount listed in Section: "COMPENSATION" of this agreement, BROKER may take any of the following actions to collect payment;
i) charge the SELLER'S credit card on file for the commission amount due to BROKER;
ii) file small claims or any claim (or suit) in any court for collection including repayment for courts costs and BROKER'S attorney fees;
iii) 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.
8) Indemnification:
A) Per United States Statutes, the BROKER is responsible to pay co-brokerage fees on behalf of the SELLER if SELLER refuses or fails to sign an offer at the price and terms stated in this Agreement, and as published in the MLS, defaults on an executory sales contract or agrees with a buyer to circumvent an executed sales contract. If such action or inaction causes BROKER to be found liable for a co-brokerage commission as stated in this agreement (and relied upon by Realtors per the MLS) then SELLER agrees to promptly (within 5 days of such an award) reimburse BROKER for the amount of any such award issued by a court or MLS arbitration finding/hearing having proper jurisdiction.
B) SELLER holds ADDvantage® Real Estate Network, ADDvantage Real Estate Network, its agents, brokers, affiliates, heirs, employees, owners, assignees, and shareholders not accountable and indemnifies the same from loss, damages, costs, fees, or attorney fees from any person, companies, or other entities that BROKER incurs because of:
SELLER(s), please initial here: ; ; ; .
i) SELLER's negligence, representations, misrepresentations, false statements, misleading statements, actions, or inaction.
ii) The existence of undisclosed material facts about the Property.
9) 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.
10) Compensation:
SELLER agrees to compensate BROKER Not Available up front and an at-close commission based on one of the following transaction types:
A) 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 0.75% at close ($1,500 min).
B) If BUYER is not represented by a licensed agent other than BROKER, SELLER agrees to compensate BROKER 1.5% at close (minimum $1,500). BROKER will act as Transaction Broker for both BUYER and SELLER.
C) SELLER reserves the right to make claim to their own BUYER(s) from previous marketing efforts made prior to listing with BROKER. SELLER must state the names of buyer leads within this agreement hereto (list BUYER first and last names below):
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: ; ; ; .
11) 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 .
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 2% (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.
12) Miscellaneous:
ADDvantage® Real Estate Network recommends that SELLERS seek the advice of a Real Estate Attorney before negotiating or signing a real estate purchase and sale agreement or a lease agreement and recommends that SELLERS seek similar advice before closing any real estate transaction. 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.
ADDvantage® Real Estate Network recommends that SELLERS seek the advice of a Real Estate Attorney before negotiating or signing a real estate purchase and sale agreement or a lease agreement and recommends that SELLERS seek similar advice before closing any real estate transaction. 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.
15) 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.
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.
17) 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:
ADDvantage® Real Estate Network
801 49th St N
St Petersburg, FL 33710
ADDvantage® Real Estate Network
801 49th St N
St Petersburg, FL 33710
18) 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.
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