Listing Contract                                   

 

1.      This Listing Contract [hereinafter Agreement], dated______________________________________, is a professional service agreement between List In MLS Realty, LLC [hereinafter Company] and____________________________________________________ [hereinafter Seller].

 

2.      The property to be listed is located at:

Address: __________________________________________________________City: ______________________ State: _________ Zip: ________

County: ______________[hereinafter Property]

 

3.      This agreement shall commence on ___________________________________and shall expire on _______________________________________

4.      Under this Agreement, Seller can sell his/her property himself/herself to any Buyer not procured by a participating Realtor.  In this event, no commission is due. 

5.      Under this agreement, Company agrees to:

 

A)      List the Property on the Multiple Listing Service [hereinafter MLS].

B)       List the Property on Internet sites including, but not limited to: Realtor.com, news-press.com, etc.

C)       If elected by Seller, provide a professional yard sign and lock box where permissible.

D)      Upon request, provide Seller a copy of the MLS listing.

 

6.      Termination: There is no termination fee in the event Seller decides to withdraw their Property from the MLS if Seller gives Company written notice and if  there is not currently a contract pending on the Property involving a buyer who was procured by a participating Realtor.  A refund will be provided if the Company does not accept this Agreement or this service is cancelled before the listing is entered into the MLS.

7.      The following personal property will be included in the sale (i.e. appliances): _________________________________________________________

         _______________________________________________________________________________________________________________________

8.      Seller agrees to pay Company a professional listing fee of $495.00 for the above services. This fee is earned, due and payable in full upon the execution of this Agreement by Seller. Should a participating Realtor, including Company, procure a buyer who is ready, willing and able to purchase the property for $___________________or at a price acceptable to the Seller, Seller agrees to pay a professional fee of 3% based upon the agreed sales price of the Property.

Seller Initials: _________

9.      Seller agrees that the responsibility for the care and custody of Property shall not be Company’s and Company shall not be liable to Seller for any damages which may occur to Property.  Seller hereby releases Company and those working through Company from all liability and responsibility in connection with any loss that may occur.

10.    Seller agrees to notify Company within 24 hours of the date when any contract is executed and the date when the Property sells.

11.    No Guarantee: Seller understands that this Agreement does not guarantee the sale of the Property.

12.    Seller agrees that under the Fair Housing Act, Seller may not ask or expect the sale of Seller’s Property to be restricted according to race, color, creed, religion, sex, handicap, familial status, age or national origin.

13.    Marketable Title Clause: Seller warrants and represents that at the time of closing; he/she shall be able to convey marketable title to the Property. In the event the transaction fails to close, because Seller is unable to convey marketable title, then Company shall be entitled to the full professional fee. In the event the transaction fails to close because of failure or inability of Seller to bring the Property up to local governmental code requirements, then Company shall be entitled to the full professional fee.

14.    The person signing this Agreement warrants and represents that he/she is the Seller and is properly authorized to enter into this Agreement. A signature transmitted by fax shall be deemed to have the same effect as an original signature. This Agreement shall be binding on all heirs, successors, assignees, and personal representatives of the Sellers.

15.    Seller agrees to state honestly the dimensions, characteristics and condition of the property to be entered into the MLS to the best of their knowledge.  Company assumes no liability for inaccuracies, errors or misstatements made by Seller. Company does not conduct any survey of property to verify accuracy of any information provided to it by Seller and is not responsible for the accuracy of the information. Seller has reviewed the information shown on this Agreement and the data input forms provided to Company and hereby acknowledges it to be true and correct.

Seller Initials: _________

16.    Seller specifically acknowledges and represents that there are no facts materially affecting the value or desirability of the property, including but not limited to any violation of any local government code. Whether or not said facts are readily observable, the Seller is under a duty to disclose said facts to the Buyer and to Company. Seller has fully reviewed this agreement and warrants the accuracy of all information. Seller agrees to indemnify and to hold harmless the Company and those relying on information contained in this Agreement for damages resulting from any inaccuracy and/or the Seller’s failure to disclose any information. Seller has not disclosed to Company any defects except as set forth herein.

*LIST DEFECTS, DISCLOSURES, ADDITIONAL PROVISIONS, ETC.: (If none, so state and initial) ______________________________________________________________________________________________________________________

Seller Initials: _________.      

 

         Seller has reviewed and understands the No Broker Relationship Notice set out below.

         Seller has reviewed the information shown on this Agreement and hereby acknowledges it to be true and correct.

Date: __________________         Seller: ____________________________________________

Date: __________________      Seller: ____________________________________________

Home Telephone:_____________________             Other Telephone:_______________________

Address: _____________________________________________________________________

 

 

 

Brokerage Firm Name & Address:   List In MLS Realty, LLC

Phone: (239) 936-LIST (5478)            2367 Woodland Ter, Fort Myers, FL 33907

Fax:     (239) 939-5478____________________________________________________________                                                                                                                           

IMPORTANT NOTICE

 

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

 

You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation.

 

NO BROKERAGE RELATIONSHIP NOTICE

 

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, List In MLS Realty, LLC. and its associates owe to you the following duties:

 

1)       Dealing honestly and fairly.

2)       Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.

3)       Accounting for all funds entrusted to the licensee.