NON-REPRESENTATION BROKER EXCLUSIVE NON-AGENCY LISTING AGREEMENT
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, Jack Keller, Inc. 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 the funds entrusted to the licensee.
NON-REPRESENTATION BROKERAGE STATUS: Broker will act as a non-agent non-representation broker to facilitate a transaction between Seller(s) and a buyer. Seller(s) understands that Broker does not represent Seller(s) as Seller’s agent. Broker will treat both parties with honesty and fairness; will disclose all facts materially affecting the value of the property to both parties; will account to both parties for money or property that comes into Broker’s possession; and will use skill, care and diligence in facilitating the transaction.
MULTIPLE LISTING SERVICE: Seller(s) requests the listing Broker to publish this listing with the Multiple Listing Service. Seller(s) agrees to comply with the rules, regulations and decisions of the Multiple Listing Service. Listing Broker may unilaterally withdraw the listing from the MLS for non-compliance. Seller(s) agrees to promptly reimburse and compensate listing Broker for all charges or fines levied by the MLS for non-compliance. Seller(s) agrees to indemnify and hold the listing Broker harmless for any technical issues, problems, changes or decisions of the Multiple Listing Service, reciprocal computer systems, or any other electronic media that adversely affect efforts to procure a transaction through the use of said service and Broker may change any policies and fees at any time it deems appropriate in response thereto. In the event no expiration date is filled in above, the term of this agreement shall be for two months from the Effective Date. Seller(s) agrees to use the same list price in all other forms of media in which the property is advertised. Seller(s) agrees to allow listing broker to disclose a possible short sale, actual short sale or pre-foreclosure when such an instance occurs or is a possibility.
LISTING BROKER COMPENSATION: Broker shall be compensated at a rate of $150.00 per property, for professional services rendered in listing the property in the Multiple Listing Service. Services shall include, but are not limited to, required disclosures, listing agreement, MLS profile sheets, data entry to MLS system, initial printouts and photo installation. A late fee of $25.00 per week may be charged by Broker on any fees more than seven days past due and Broker may charge additional fees when reactivating expired, withdrawn or cancelled listings, and may charge selling brokers a transaction fee to be collected at closing.
CONSULTATION ON REQUEST: Upon Seller’s request, Broker will provide additional services for a fee or consultation services at the hourly rate of $150.00 per hour, pro-rated to the nearest minute, including travel time. While Broker is licensed and legally qualified to give advice concerning real estate transactions, Seller(s) understands that legal and tax counseling is advisable prior to entry into any transaction and special legal and tax counseling is advisable if Seller(s) is not a U.S. citizen. Seller(s) shall, when billed, promptly pay Broker for professional services rendered at said rate.
FAILURE TO COMPENSATE: In the event of Seller’s failure to promptly pay and/or reimburse Broker, Broker may unilaterally withdraw all property from the Multiple Listing Service, remove the lockbox and/or sign, place a lien on Seller(s) property, and all services by Broker shall terminate. If any bill for professional services is left unpaid, and/or the Seller(s) has breached the terms hereof, any damage deposit(s) may be used by Broker for repairs and/or replacement, and/or to pay any unsettled accounts for professional services, and/or to pay any damages sustained by Broker, and/or to reimburse Broker for any bank charges incurred by Broker due to any checks being returned by Seller’s bank, and any of said deposit(s) not so used shall be returned to Seller. A fee of $25 will be charged on any returned check. Seller agrees to pay Broker’s reasonable attorneys’ fees, court costs, collection service costs, and all other costs incident to collection.
SELLING BROKER COMPENSATION: (Commissions are not set by law and are fully negotiable. In no event will Buyer's Broker's compensation exceed the amount of compensation in the written agreement with Buyer.) Seller(s) offers the compensation specified above to members of the National Association of REALTORS, including Buyer’s agents, transaction brokers, and non-representation brokers, for procuring a prospect ready, willing and able to enter into a transaction with the Seller(s) in accordance with the terms and conditions set forth herein, or upon lesser price, terms and conditions acceptable to Seller(s), during the listing period specified above, or within the subsequent protection period of 120 days, to anyone whom a member of the National Association of REALTORS, Buyer’s agent or other transaction broker has shown the property prior to final listing termination. However, no compensation will be due Broker if property is relisted after termination date with another broker.
LOCKBOX PLACEMENT; UNAUTHORIZED USE: If a lockbox is requested to be placed on the property by Seller(s), Seller(s) agrees that Broker, the Multiple Listing Service and/or its members shall not be responsible for its unlawful or unauthorized entry or use.
TITLE TO PROPERTY: Seller(s) certifies and represents that he/she/it is legally entitled to convey the property and all improvements thereon, and that the title and right to possession of the property is free of encumbrances and defects which cannot be removed prior to settlement. Seller(s) will provide title insurance as may be required to settle the transaction, and will execute and deliver all settlement documents in a timely fashion.
LATENT DEFECTS: Seller(s) agrees to make all legally required disclosures, including all facts which may materially affect the value or desirability of the property and are not readily observable or known by the buyer. Seller(s) has no knowledge of any such latent defects other than those specified above, and will disclose such to buyer, buyer’s agent, transaction broker, or other member of the Multiple Listing Service, including any material facts that arise after the effective date of this agreement.
OWNER-PROCURED TRANSACTION: No compensation will be payable to selling broker if Seller(s) obtains a buyer through his/her/its own efforts, and not through efforts, assistance, materials and/or information provided by a buyer’s agent, transaction broker or other member of the Multiple Listing Service; and provided that a transaction is not made with anyone with whom the Seller(s) had previous knowledge of that person’s interest or had discussions and/or negotiations concerning same at or prior to the effective date of this listing agreement, unless the names of the persons are set forth herein.
SELLER(S) OBLIGATION TO INFORM BROKER: Seller(s) agrees to inform Broker immediately upon Seller(s) entering into a sales contract with a buyer procured by either Seller(s), Buyer’s Agent , Transaction Broker or other member of the National Association of REALTORS; and shall include the buyer’s name(s), financing arrangements, contingencies, contract date, title or escrow agent, settlement date and price. In the event Seller(s) fails to comply with this provision, Broker may unilaterally withdraw the listing from the Multiple Listing Service, charge Seller(s) a $499 penalty in addition to any fines levied by MLS service and remove the lockbox (if any) at the hourly rate of $150.00 per hour, pro-rated to the nearest minute, including travel time., and said fee may be taken from any lockbox deposit or other deposits on account, and any unused portion shall be returned to Seller(s). Seller(s) agrees to pay Broker’s reasonable attorneys’ fees, court costs, collection service costs, and all other costs incident to collection.
DISCRIMINATION: Seller(s) and Broker will offer the property described above 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.
PERSONS BOUND; MISCELLANEOUS: This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Listing Broker may assign this agreement to another listing office. Signatures, initials and modifications communicated by facsimile or electronic methods will be considered as originals. The term “buyer” as used in this agreement shall include buyers, tenants, exchangers, optionees and other categories of potential or actual transferees. Seller(s) may withdraw or cancel “active” listing agreement at any time and this agreement shall be terminated, provided that no Contract for Sale is pending and all fees have been paid to Broker. Seller(s) requests that the listing expiration date be extended forty-five days in the event listing expires while under contract; (for statistical purposes only). Seller authorizes Broker to unilaterally withdraw from this agreement for any reason.
ACKNOWLEDGEMENT: Seller(s) acknowledges retaining or receiving a copy of this listing and that a default closing agent shall be listed in MLS. (No obligation to use said service) Seller(s) and Broker agree that this constitutes the entire listing agreement between them and may only be modified, extended or cancelled by written agreement between them. Included in this listing agreement is a written property profile sheet attached hereto. Seller(s) hereby represents all statements contained herein to be true and accurate to the best of his/her/its knowledge and belief, and agrees to hold Broker and any cooperating Brokers harmless from any liability in connection therewith.