Listing Details and Agreement

Exclusive Right To Sell Listing Agreement

 

CONSIDERATION AND TERMS OF CONTRACT: Team Results Realty hereinafter referred to as Broker, agrees to market, negotiate, schedule and show with potential buyers the property located at:___________________________________________________________________. Listing date: (date we list the property)_______________through end date:______________ The property includes but is not limited to the following: all buildings, gas, oil, and mineral rights owned by seller; built-in appliances; water softener (unless rented) water pumps and pressure tanks; stationary laundry tubs; radio and television antennas and any mechanical controls; shades, shutters, window blinds, and curtain and drapery rods; attached floor coverings; attached fireplace doors and screens; garage door opener and controls; screens, storm windows and doors & other related fixtures unless noted on the listing.

SALES PRICE AND TERMS: Seller agrees to list property for SALE for $_________________ If listing for rent, seller offers property for rent for:__________________(insert monthly rent) and agrees to pay a buyer’s agent should there be one a commission of______________(typically ½ month’s rent).

COMMISSION: This is a variable rate commission schedule. Seller has paid a commission of (amount you paid at time of sign up) $____________at the time of listing.

COMMISSION to Buyer Broker: Commissions are fully negotiable and not set by law, and the seller must authorize any offer of compensation or buyer concession. Seller can pay a commission if buyer is procured from a buyer’s Agent/Broker. (this is the coop fee paid to the buyer’s agent) This commission will be either a percent of total gross sales price or a flat dollar amount. The buyer broker fee WILL NOT be displayed on the MLS listing as it is not permitted. 

Buyer Broker Commission is paid if, during the term of this contract (1) there is a commission designated in the purchase contract and a licensed real estate agent sells & closes on the property, or (2) a licensed real estate agent produces a buyer who is ready, willing and able to buy the property, has a signed offer to purchase with a designated commission agreed upon with seller. If seller refuses to close on a valid, signed offer to purchase, Realtor commission is due and owed to that agent. Seller authorizes Team Results Realty to pay this commission to any participating Broker (buyer’s agent) in the MLS. The fee is earned by the buyer agent/Broker that brings the buyer that closes on the property and will be paid at closing. All sales go through Team Results Realty (so we can report accurate data to the M.L.S.) and no other Broker may list the property during the term of the listing. The above commission will be paid to a participating Broker / agent when acting as a buyer’s Broker or transaction coordinator. If seller procures their own buyer through any efforts of their own and that buyer does not have an agent, no other commission is required beyond the up-front fee unless the seller is participating in the optional Easy Offer Plan with Team Results Realty in which case a $1,000 will be paid at closing to Team Results Realty.

SERVICES PROVIDED: The seller is giving Team Results Realty the authority to enter this listing into the local MLS by Team Results Realty subject to the rules and regulations of the MLS service. Team Results Realty advises all participants in buying and selling real estate to enlist the services of a competent real estate attorney. By entering the seller’s home into the M.L.S., the prepaid commission is non-refundable. Team Results Realty will make every attempt to transmit sellers listing to all websites advertised but makes no guarantees that the data will feed to any or all of them except the MLS. Seller understands that upon notification of their listing in the MLS, Team Results Realty has fulfilled it’s obligations to seller and there are no refunds, full or partial. Any buyer lead generated is the property of Team Results Realty. Team Results Realty has the right to bring lead / potential buyer to seller & be compensated no different than any other buyer’s agent. Seller may cancel listing at any time via email without cost. If this listing is cancelled it cannot be restarted with paying an additional fee. Team Results Realty will correct at no charge any initial input errors that may occur but will not be liable for damages resulting from such errors. It is the responsibility of seller to inform Team Results Realty in a timely manner to correct any accuracy issues with listing. Any inaccuracy of listing is sellers responsibility. No refunds due to inaccuracy. If when a fully accepted offer is signed by buyer if seller reduces above agreed upon commission to buyer’s agent on that offer, Broker has the right to cancel this listing immediately with no refund. Broker has the right to cancel this listing immediately with no refund if seller violates any terms of this agreement. _______INITIAL

FULL SERVICE LISTINGS: If seller chooses full service listing options, Team Results Realty will provide assistance with arranging appointments, accepting and presenting offers, advising on offers and counter offers, negotiate for seller and assist through closing. In no way can Team Results Realty be held liable for any issues arising from interpreting terms of offers. Seller is advised to consult an attorney for legal advice on all offers.

LIMITED SERVICE LISTINGS/FSBO: If seller choose limited service listing/FSBO, seller is responsible for the following: providing Team Results Realty with a copy of any and all offers & counter offers & closing statement within 24 hours of receipt. Seller is also responsible to negotiate their offer, process their paperwork, order title and payoffs. This is not the job of the buyer’s agent should there be a buyer’s agent.

SELLERS DUTIES & REPORTING OF CHANGES: The MLS rules state that we must maintain accurate data as far as reporting changes from active to “signed offer / pending, then to sold”. THIS IS YOUR RESPONSIBILITY AS SELLER, NOT THE

BUYER’S AGENT OR THE TITLE COMPANY’S. If any changes are not reported to us for us to report to the MLS, we face fines which we pass to you. Seller agrees to provide a copy of any fully signed offer between buyer / buyer’s agent & seller within 24 hours of signatures of buyer & seller. Broker may cancel the listing without refund when Seller does not report to Team Results Realty via fax or email verification of the signed sales contract within 24 hours, Team Results Realty will also charge sellers credit card a $25 fine. Seller further agrees to provide the final closing statement when property sells within 24 hours of closing. If seller does not provide Team Results Realty a copy of the closing statement within 24 hours of closing seller could be charged a $50 fine. Seller also agrees to pay any and all MLS fines associated with not providing the signed offers and closing statement in a timely manner. NOTE: We need to maintain accurate data in the MLS or there are possible fines usually $25 to $100 for not reporting or maintaining accurate data in the MLS. Sellers credit card will be charged for any MLS fines resulting from not reporting accurate data. THIS IS VERY IMPORTANT AND YOUR DUTY AS SELLER. Initial _________INITIAL (This is mostly directed to Limited Service packages since we have no involvement in our transaction outside of the initial setup into the MLS.)

SIGNS: Team Results Realty may provide the seller with a Team Results Realty’s Realtor yard sign, photo of which is on the web site. The Seller gives Team Results Realty the right to post listing information and photograph(s) on any web sites deemed suitable by Team Results Realty of and to any Internet site where the MLS appears Team Results Realty has no control over either of these. Team Results Realty signs come pre-printed with the agent phone number but the seller may cover the phone number with the seller’s phone number on sign so possible buyers can call seller direct. FSBO signs are prohibited by MLS rules.

CANCELLATION: This agreement may be cancelled at any time by seller with no refunds by a signed cancellation form or email to Team Results Realty. This agreement can also be cancelled by Broker at his discretion if seller is not in compliance with MLS rules, there is an attempt to renegotiate buyer’s agency commission or any other act that may cause liability for Team Results Realty This determination can be made by Team Results Realty.

NON-DISCRIMINATION: As required by law, seller and Broker agree not to discriminate because of religion, race, color, national origin, age, sex, disability, familial status, or marital status in the sale of the property.

INDEMNIFICATION: Seller shall defend, indemnify and hold Broker, its shareholders, directors, officers, employees, agents and representatives harmless from, any and all losses, claims, damages, liabilities and costs, including without limitation commission claims, court costs, interpretation of offer terms, reasonable attorneys' fees and MLS penalties and fines, which arise from, are related to, or are in connection with, (i) Seller’s breach of this Agreement or violation of any federal, state or local law; (ii) Seller’s provision of false, misleading, inaccurate or incomplete information, representations or warranties to Broker, prospective buyers or buyer; or (iii) claims of third parties relating to the Listed Property, the sale thereof, and/or any compensation to be paid in connection with such sale (including, without limitation, a claim by the Cooperating Brokerage against Broker for a commission). Seller also accepts any liability for any potential misrepresentation as to the condition and square footage measurement of the home. Seller accepts any responsibility to pay buyers agent commission should it be found that subsequent to closing, a buyer was procured by buyers agent. Seller will require the buyer to obtain a copy of their lender’s appraisal or an independent appraisal and investigate all discrepancies between that number, public record and the MLS listing before taking title. If seller fails to require buyer to do this, Seller indemnifies Realtor of all liability. Seller agrees to pay commission and any fees associated with the dispute. Team Results Realty is not an expert in, and is not providing advice to seller concerning legal matters, tax, financing, surveying, structural or mechanical condition, hazardous material or engineering. Seller is encouraged to seek expert help from qualified professionals in such areas.

COMMISSION DISPUTES, (SELLERS’S DUTY TO DEFEND): In the event an aggrieved party files an arbitration claim or lawsuit against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and aid Broker in defense of any such claim or lawsuit ("Duty to Defend"). Seller further agrees that, upon commencement of such an arbitration claim or lawsuit, Broker may immediately charge $700.00 on Seller's credit card on file with Broker in anticipation of Broker's legal and administrative fees in responding to such a claim or lawsuit, regardless of its merits. This charge is nonrefundable. This charge is not and should not be construed as a limitation on Seller's Duty to Defend. If Seller fails, for any reason, to fulfill its Duty to Defend, Broker may seek indemnity, contribution, and/or reimbursement from Seller for all costs incurred as a result of the claim or lawsuit, including attorney's fees as well as recovery of all costs of collection thereof, including but not limited to attorney's fees, collection agency fees, court costs, and expenses, less the $700 previously paid by Seller pursuant to this paragraph.

LIMITATION OF LIABILITY: In no event will Broker, its shareholders, directors, officers, employees, or agents be liable for any damages, losses, or liability, whether based on warranty, contracts, statutes, regulations, tort or any other legal theory. The Broker's liability hereunder is limited to the Service Fee paid by Seller to Broker. If a commission was paid directly or through Broker to a Cooperating Broker, OWNER agrees to make all claims for reimbursement of said commission against the Cooperating Broker directly.

RELEASE  OF  LIABILITY,  REPRESENTATIONS  AND  WARRANTIES.   I  (we)  the undersigned agree to hold harmless & release Team Results Realty from any and all future claims resulting from; a) discrepancies in square footage and room measurements, b) any act of negligence by the seller, c) occupancy issues prior to and after closing if a buyer moved items in and/or occupied the home prior to closing, d) emotional distress resulting from any issues the buyers may have after purchasing the home, e) any other liability or issue from purchasers including any earnest money deposit issues, f) interpretation of offer terms. Seller hereby by represents to the best of their knowledge that the information provided to the Broker as to the measurements of the home and condition of the home is accurate. Seller assumes full responsibility for any inaccuracies on data provided to Broker as far as condition, square footage, lot size, acreage, interpretation of offer terms, wetland issues, easements, mold, survey and any other discrepancies that may arise from a purchase. Broker is hereby held harmless against any claims arising from the sale of the property related to the above issues.

Seller: If legal recourse arises out of Seller’s non-performance under this contract and the MLS Listing Contract Team Results Realty will be entitled to recover all fees and commissions, including, but not limited to, reasonable attorney’s fees and costs. I have read and understand this entire agreement; by my signature below, I agree to all of the terms of this contract in its entirety.