North Carolina Real Estate Exclusive Agency Listing Agreement

Shall be the listing price of the property and all improvements that are offered for sale. Seller is solely responsible for determining the appropriate listing price. Seller reserves right to amend the listing price. Any changes to listing price shall be submitted in writing to Company by Seller. Once Company has received the authorization to change list price it shall be submitted to the MLS within 48 HRS.

4. Personal Property: Seller will provide Company a list of all personal property included in the sale. (See attached MLS data sheet)

5.Term: Above- This Agreement shall start on and shall expire on 
mutually extended or cancelled per Paragraph 7 of this agreement.

6.Services: In consideration of payment received for this professional service Agreement, Company agrees to:

A. List the property on the primary Multiple Listing Service unless a better option is available at the discretion of the listing broker, unless otherwise requested by the seller.

B. Authorize the MLS to distribute Sellers listing to Zillow.com, Trulia.com, Realtor.com, and wherever else possible through Company's separate syndication Agreements.

C.Provide Seller with commonly used disclosures for use in connection with the listing of the property

7.Cancellation: There is no cancellation fee and Seller may cancel this listing at any time prior to the expiration date listed above. In the event the seller decides to withdraw their property from the MLS, Seller may do so by giving written notice (email or at nick@chosenrealtyco.com) to Company at any time provided there is not then a contract pending on the Property. Seller may not terminate this Agreement while the property is under contract. If this Agreement expires while the property is under contract Seller's agreed terms as set in this agreement shall survive termination and continue until the closing. Seller must pay said agreed Commission if, within thirty days after listing expiration date or termination, the Seller enters into contract to transfer the property to any buyer who was produced by listing agent efforts during the term of the listing contract.

 

9.Compensation to the other Brokerages or Representatives: Owner acknowledges Broker has advised Owner that there is no rule requiring Owner to offer to compensate buyer's Brokerages or a Buyer's representatives. Broker has also advised Owner that all commissions are not set by law and are fully negotiable between Owner, Buyer, Buyer's Broker or representative, and Broker. Owner may authorize listing Broker to offer to compensate other Brokerages.

 

12. Alterations Required in Writing & Signed by All Parties: No amendment or alteration to the terms, with respect to the amount of commission or with respect to the time of payment of commission, shall be valid or binding unless made in writing and signed by the parties.

13. Procuring Cause: If a REALTOR® successfully shows procuring cause as defined by the Missouri Division of Real Estate, Seller shall be bound by any agreement signed directly with a buyer's agents regarding compensation. Seller assumes sole liability for any procuring cause claims or lawsuits. Liability may include, but is not limited to, paying the commission, court fees, attorney fees, or other remedies the court finds equitable.

14. Brokers Authorizations to Disclose: Broker will not disclose reason for sale. Broker will not disclose existence of other offers unless seller give explicit direction in writing to do so.

15. Agency: Company has provided Seller with a copy of their Office Policy on Agency.

16. Property Condition: 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 damage that may occur to Property. Seller shall make arrangements for any and all showings of Property by appointment only with Buyers or to provide a lockbox - at Sellers expense - to make the Property available at Sellers sole discretion. The Company shall be held harmless for any and all liability, claim, judgment, obligations or demands, including reasonable attorney fees, arising as a result of the Sellers use of a lock box, or the actions of potential customers or Buyer Agents.

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

18. Contract Acceptance:

A. Seller agrees to notify Company within 24 hours of the date when a contract is executed and becomes a contingent or pending sale and also when the Property closes. The failure to do so may result in a fine to the Company by the MLS for late data entry. Seller agrees to pay any MLS fines stemming from seller's non-compliance. In addition, seller agrees to pay a Compliance Fee specified below if the seller does not provide documents within 24 hours.

B. An executed contract (or "accepted contract") is when both Buyer and Seller have signed a negotiated contract for the sale and purchase of the Property. Seller must notify Company of the contract within 24 hours of the time of signing. If Seller waits until after the attorney review period and after the inspection period, it may be too late, the fine may have already been assessed, and Seller shall be responsible for any and all fines.

C.Seller must provide Company a complete copy of all contracts, forms and addendums for any purchase agreement or lease agreement into which Seller has entered for Property.

D. Seller must provide Company the name and contact information for any Buyer or Buyer's Agent into which Seller as entered an accepted contract. 

E. Seller must provide Company the name and contract information of the settlement agent or Sellers' attorney at least 72 hours prior to closing. 

F.Seller or Sellers' attorney will provide a complete copy of the HUD-1 or ALTA settlement statement at least 24 hours prior to closing.

19. Earnest Money: Company does not hold earnest money. Earnest Money must be deposited into a Trust Account of the Buyers' Agent or Title Company and cannot be held in a personal or business checking account.

20. Non-Discrimination: Seller understands and agrees that it is illegal for anyone to refuse to show or sell Property to any person on the basis of: Race, Color, Religion, National Origin, Sex, Ancestry, Age, Marital Status, Physical or Mental Handicap, Military Status, Sexual Orientation, Unfavorable Discharge from the Military Service, Family Status, Order or Protection Status or any other class protected by any Federal, State or Local laws at the time of this agreement. The parties agree to comply with all applicable federal, state, and local fair housing laws.

21. Marketable Title: Seller warrants and represents that no later than at the time of closing; he/she shall be legally able to convey marketable (or "merchantable") title to the property. In the event the transaction fails to close, because Seller is unable to convey marketable title, then Company shall retain the full professional fee. Further, 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 retain the full professional fee.

22. Latent Defects: Seller acknowledges and represents that there are no latent defects or 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, Seller is under a duty to disclose said facts to the Buyer and Company. Seller has fully reviewed this Agreement and warrants the accuracy of all information. Seller agrees to indemnify and to save and hold harmless the Company and those relying on information contained in this Agreement for and against 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. Seller agrees that where Seller knows of or becomes aware of facts materially affecting the value of the Property, seller is under a duty to disclose said facts both to the Buyer and Company. If Seller knows of or becomes aware of such facts, he/she shall set them forth in writing on the approved state disclosures. This duty shall continue through to date of closing. (Note: Any state and property disclosures submitted to Company by Seller shall be considered attached to this document

23. Property Characteristics: Seller agrees to state honestly the dimensions, characteristics, and condition of the property 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 by Seller and is not to be held 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.

24. Authority: The person(s) signing this Agreement represents that he/she is authorized to enter into this Agreement. A signature transmitted by email or an electronic signature shall be deemed to have the same effect as an original signature.

25. Attorney Fees: In connection with any litigation arising out of this Contract, the prevailing party shall be entitled to recover all costs incurred including reasonable attorney's fees for services rendered in

26. Other: The descriptive headings used are for convenience only. The pronouns used shall include either gender (or both), singular and plural. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force. No alterations to the Agreement are allowed. If any changes are made, those changes are not binding until initialed by all parties. Seller understands the Company is limited to performing the functions described herein.

27. No Control of Commission Rate or Fees: The Broker's compensation for services rendered in respect to any listing is solely a matter of negotiation between the Broker and the Owner and IS NOT set by law, fixed, controlled, suggested, recommended, or maintained by the board/association, the MLS, or by any persons not a party to the listing agreement.

MLS Fines:

a. I understand that I am required to send all executed transaction related documents pertaining to this property to the Company within 24 hours while this agreement is valid. These documents include, but are not limited to, accepted offers, offer terminations, and

b. I authorize the settlement agent (attorney, title agent/company, or lender who's handling the closing) on this transaction to release the final, fully executed settlement statement to the Listing Agent promptly after the closing. If there are any extensions or amendments to the contract, I also authorize those to be released to the Listing Agent promptly. Finally, if I or the settlement agent do not meet these requirements, and if the Listing Agent reaches out to the Buyer's Agent, I explicitly instruct the buyer agent to release these documents to the Listing Agent.

c.The settlement agent, the listing agent, buyer agent, and any other party to the transaction can share the documents directly with the Company.

d. If any MLS penalties or fines are issued due to my non-compliance, I agree to pay these fines plus a $100.00 Compliance Fee. I authorize the Listing Agent to charge me these penalties & fees and will submit payment promptly to the directed portal. Examples of such penalties include failure to report a change of status on time, failure to submit executed documents to support the change of status within the stipulated 24 hours, use of photos that I do not own copyrights for, etc.

I have read the above Agreement, understand its terms, had the opportunity to consult with an attorney, and do hereby assent to the same voluntarily of my own free will. Signatures required of all who have a legal or equitable interest in the Property.

Nick Huscroft, Broker License # 346906 Chosen Realty of NC, LLC