1. AUTHORITY TO LIST PROPERTY:
Seller gives Broker the right to list the real property and personal property (collectively referred to as "Property") described above, in the local MLS database and other real estate websites (including but not limited to Realtor.com, Zillow, and Trulia), for sale and/or rent at the price and terms provided, effective upon the submission of this form and for a period of 6 months. Seller certifies that Seller is legally entitled to convey the Property and all improvements and that 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.
2. BROKER OBLIGATIONS AND AUTHORITY:
Seller authorizes Broker to advertise the Property as Broker deems advisable including but not limited to advertising the Property on the Internet.
Seller authorizes Broker to place the Property in a multiple listing service (MLS). Seller authorizes Broker to report to the MLS and/or Association of Realtors this listing information, 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 listing data.
3. SELLER OBLIGATIONS:
Seller shall 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 (1) Seller's negligence, representations, misrepresentations, actions or inactions, (2) The use of a lock box, (3) The existence of undisclosed material facts about the Property, or (4) 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. Seller shall make all legally required disclosures, including all facts that materially affect the Property value and are not readily observable or known by the buyer. Seller attests that all information they provide is accurate and correct, to the best of their ability and that if any information changes during the term of this agreement, they will notify EZ Choice immediately. Seller will immediately inform Broker of any material facts that arise after the signing this Agreement and during the term of this contract.
Seller agrees to notify Broker of any change to either the Property information provided or the status of the property (including under contract, changes to the contract, or the property being sold) and to provide any documentation and/or information requested by Broker within 48 hours. Failure to notify the Broker of such changes will result in a $10 per day fee from the date of said change until Broker was notified and documentation/information was provided by Seller. Failure to pay this fee will result in suspension of the right to list until it is paid in full.
Seller acknowledges that all photos are the sole property of the seller. They were not taken by another agent or are owned by another individual. Seller agrees if a copyright violation results in a fine they will cover these costs.
Seller agrees to indemnify and hold harmless the MLS and its employees, the listing broker and licensees, the selling broker and licensees and all other cooperating brokers and licensees against any and all claims for liability arising from any breach of warranty by Owner, from any incorrect information supplied by Owner or from any facts concerning the property which was known or reasonably should have been known by Owner but not disclosed by Owner.
Seller acknowledges that Broker must comply with all MLS rules & regulations and that failure to do so may result in fines/penalties. In the event a fine/penalty is imposed as a result of seller's actions or failure to comply with the terms of this listing, Seller accepts full responsibility for payment of such.
4. COMPENSATION & CANCELATION:
Seller agrees to compensate EZ Choice MLS for listing and placing the Property in the MLS a one time "flat fee," which has been paid, and settled, prior to the execution of this agreement. There are no other fees or commissions owed to EZ Choice MLS by the Seller for any of the services outlined in the listing package unless otherwise agreed, in writing, by both Seller and Broker. Seller reserves the right to sell the Property "By Owner" without the assistance of a real estate professional with no additional fees/commissions. If Seller desires to offer commission to a "buyers agent" Seller must disclose the commission to agents directly as commission. No reference of commission may be made within the MLS listing.
Seller acknowledges that commissions are not set by law and are fully negotiable.
Seller may terminate and cancel this agreement at any time without penalty or fee unless the listing is under contract with a buyer, at which time the listing must remain.
5. ADDITIONAL TERMS:
Buyer Leads: Seller acknowledges that all leads generated by the listing and related advertisements will be forwarded to Seller for follow up by EMAIL at Brokers earliest convenience. Seller may contact and attempt to sell the Property to such leads without the assistance of a real estate professional and will NOT be subject to additional fees and will pay no additional commission unless otherwise agreed in writing between Seller and Broker.
Seller acknowledges that EZ Choice, INC and its agents reserve the right to contact the lead after a period of 48 hours. In the event said lead is not interested in purchasing Seller's property EZ Choice, INC and its agents may offer to assist them in the purchase of a different property.
6. NO BROKERAGE RELATIONSHIP NOTICE:
Broker shall act as a "Non Representative" Broker to the Seller.
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has entered into a "Limited Service Exclusive Brokerage Listing Agreement" and shall act as a Non Representative Broker to the Seller, EZ Choice, INC and its associates owe to Seller 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. 4. Act as a Non Representative Broker to the Seller, EZ Choice, INC & EZ Choice MLS