DISCLOSURES & DISCLAIMERS:

Statement of Ownership and Operation This document serves to clarify the ownership and operation details of BocaRatonFlatFee.com and Royce United, Inc.

Ownership and Operation: BocaRatonFlatFee.com is owned and operated by Royce United, Inc, a Florida corporation. Royce United, Inc is a licensed real estate company.

 

Broker of Record: The broker of record for Royce United, Inc is Annette Greenwald, a licensed Florida broker.

 

Corporate Information: Royce United, Inc is a duly registered Florida corporation, engaged in the business of real estate brokerage.

 

Contractual References: Any references in this contract to Royce United, Inc should be understood to refer to the licensed real estate company and its authorized operations.

 

Seller (Property Owner) Acknowledgment: The Seller (Property Owner) acknowledges that BocaRatonFlatFee.com is merely the name of the website used by Royce United, Inc for its real estate services. BocaRatonFlatFee.com is not a separate company or a licensed real estate entity.

 

Legal Agreement: By signing below, the Seller (Property Owner) agrees to the terms stated in this document and acknowledges the operational and ownership structure as described. 

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DISCLOSURES & DISCLAIMERS:

Broker owes you the following duties under this Agreement: 

1. Dealing honestly, fairly and provide accurate information; 

2. Use skill, care, and diligence to facilitate the transaction; 

3. Collect and present to Owner all written offers, counteroffers and/or exchange to buy, lease Owner’s Property; 

4. Collect and present to Owner all offers and counteroffers to buy or lease Owner’s Property;

Keep information confidential as requested in writing by the Customer.
Both the Owner and Broker acknowledge that Broker has no knowledge of any facts about the Property, as Broker has not visited or inspected the Property in any way. Any and all compliances with these disclosures will be solely the responsibility of Owner. Broker does not and will not utilize or keep funds in a trust or escrow account and will not hold funds for any party to any transaction related to this Agreement.

The listings of this type being contracted under this Agreement are known as either an "Entry Only Listing", "Flat Fee", "No Service”, “Non-Brokerage”, “Non-Representative” or "Transactional broker" Agreement.

It is strongly recommended for your protection that you retain a real estate attorney for any and all real estate transactions, including for this Agreement, even if a real estate licensee and/or Realtor is involved.

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Limited Service Sale Listing Agreement, Disclosures, and Disclaimers:

LISTING AGREEMENT: This Limited Service Listing Agreement ("Agreement") is made between the {ownerName},{co},{companyName},("Seller") and Royce United, Inc ("Broker"), a licensed real estate company and the owner/operator of www.RoyceUnited.com and BocaRatonFlatFee.com (“Website").

Property Types: house, multi-family, condo, townhouse, apartment, mobile home (exclusively with the ownership of the land), land and commercial.

 

PROPERTY ADDRESS: {listingProperty},{propertyCounty},{propertyCounty},{propertyType}

 

FOR THE SALE PRICE OF: {listingPrice}

By you, the Owner, entering into this agreement, you are certifying that you are the owner and/or authorized party to sell and/or rent the property and agree to the following terms:

Broker Cancellation: Broker reserves the right to cancel the listing if Owner has provided misleading or false information, if the listing party has impersonated the actual owner without legal authorization, or if there is any legal matter and/or restriction of the Property that would hinder the free sale or rent of the Property or would present a legal risk or detriment to Broker. A full refund will be issued to Owner in the case where Broker decides to unilaterally cancel the listing.

Note: ALL UP-FRONT FLAT FEE MLS FEES ARE NON-REFUNDABLE AFTER PROPERTY HAS BEEN LISTED ON THE MLS. Contact us at contact@royceunited.com for any questions or call us at 561-931-3000. There is no fee to cancel this listing.

WARNING: Owner is required to agree and sign the broker “Cancellation of listing/release & termination of multiple listing agreement” to cancel, delete, release and terminate this contract. This agreement is will be emailed to you; at the time you request the cancellation of your listing and be removed from the MLS and other syndicated platforms.

1. The Terms: 

Terms: Owner grants Broker the exclusive right to list, sell, or lease the property, which has been identified by the Owner to Broker. This Agreement will start on the date in which the Owner submits complete Property listing information, pictures, and payment of the Flat Fee listed below and continue for a terms below, and will terminate upon the earlier of (a) the sale or lease of the Property, or (b) Owner’s cancellation of this Agreement as provided below (the “Owner cancellation, withdrawals”). Owner consents to Broker providing a copy of this listing agreement to the MLS if required by the MLS. Owner consents that broker must not be physically present on the property when providing access to the property.

A. 30 days after the Listing Start Date if the STANDARD PACKAGE is selected and paid at checkout.

B. 6 months after the Listing Start Date if the PREMIUM PLUS PACKAGE is selected and paid at checkout.

C.  12 months after the Listing Start Date if the CONCIERGE PRO PACKAGE is selected and paid at checkout.

 

AA. FEES:
Listing Upfront Flat Fee Payments:

1. $99.00 for STANDARD PACKAGE

2. $395.00 for PREMIUM PLUS PACKAGE

3. $575.00 for CONCIERGE PRO PACKAGE

 

4. All sales and rental listings will incur a Processing Tech Fee of $495.00, payable to Royce United, Inc. This fee will be paid ONLY by the Buyer, or if the Buyer has a Buyer’s agent/broker, it will be deducted from the Buyer’s Agent/Broker Commission/Concessions  on the day of a successful closing. This will be included in the MLS Broker remarks and reflected on the Settlement Statement on the Day of Closing.

Owner agrees to pay to Buyer’s agent/broker a commission fee/concessions agreed to in this contract {commissionOffered63},{input73:1},{input74:1},{other} on the day of a successful closing. 

 MLS (Multi Listing Service) Flat Fees: Subject to the Terms of Use, Privacy Policy, and this Agreement, Owner may give Broker the right to place the listing into the MLS Service (Multi Listing Service). In order to place Owner’s listing into the MLS Service, Owner must select an MLS package for which Owner shall pay to Broker a one-time flat fee in accordance with the pricing listed on the Website for the STANDARD PACKAGE MLS package ($99), PREMIUM PLUS PACKAGE ($395), and CONCIERGE PRO PACKAGE ($575) (“Flat Fee”), and such payment is due upon execution of this agreement.

Owner Cancellation, Withdrawals: Owner has the right to cancel this Agreement at any time, and for any reason, except when binding to a contract with a buyer, all up-front listing flat fees are non-refundable once the property has been listed on the MLS. If owner cancels prior to publication of the listing on the MLS Service, owner will receive a full refund. 

Owner may not terminate this Agreement while the property is under contract. If this Agreement expires while the property is under contract, the owner must comply with the above. However, once the listing is placed on the MLS Service, the owner is required to sign Royce United /broker cancellation agreement to cancel.

 

Also, if Owner fails to respond to Broker’s attempts to contact Owner via email and telephone, Broker reserves the right to cancel the listing after one (1) week, and the listing shall be deemed abandoned by Owner with no refund.

 

2. Commission Offered: 

Notice: The amount or rate of real estate commissions is not fixed by law. 

Owner has compensated Listing Broker for performing the responsibilities delineated in Paragraph (1. B. ) Fees upon signing of this agreement, regardless whether the Property sells and no matter who sells the Property, whether by Owner, Broker, or other real estate licensee. All Flat Fee Sales are Final. 
B. The Owner agrees to compensate the Cooperating Broker (Buyer's Agent/Broker) with the commission amount specified in this Agreement, based on the purchase price, payable at closing, if a Cooperating Broker facilitates the sale of the Property. If the Owner has selected $0.00 for the buyer's commission, no Real Estate commissions will be due on the day of a successful closing. 
C. Except as provided in this Section, Owner shall owe no additional commission, compensation, or payment to Broker other than the initial Flat Fees set forth in Section a above, if Owner sells or rents the Property without the interaction or assistance of a Cooperating Broker. 
D. In the event that Broker actively participates in the sale or lease of the Property and is the procuring cause of a sale or lease, then any amounts that would have been due and owing a Cooperating Broker hereunder will be due and owing Broker as additional commission. Owner therefore acknowledges and agrees that Broker may act both as the limited listing agent hereunder and entitled to the Flat Fees set forth above and may also act as the Buyer’s transactional agent and be entitled to the commission that would have been due to a Cooperating Broker had that Buyer been brought by a third party real estate broker. The same applies to any leases. 
E. In the event Broker receives a qualified lead from a third-party syndication website such as, but not limited to, Move, Inc., or Zillow Group, Inc., Owner acknowledges that Broker may communicate with that lead and make efforts to present that Buyer to the Owner. In such an event, Broker will act as a transactional broker. F. Owner acknowledges that in cases where Broker may act both as the limited listing agent and Buyer’s transactional agent, if in the case Broker may bring the buyer; broker will give Owner a transition to transaction broker disclosure. Broker may, if allowed by applicable law, offer a commission rebate to Buyer or Renter at the time of closing or execution of lease agreement, respectively. G. If the Owner decides to pay the Buyer's Agent/Broker a fee or commission other than stated in this contract, this arrangement must be documented in writing and signed by the Owner, Buyer's Broker, Buyer, and Royce United, Inc. on or before the buyer's sales and purchase agreement is executed.

 

Broker Obligations:

Broker represents and warrants that they will publish and advertise the Property as described on the Website. Owner authorizes other participating MLS member brokers or their agents to advertise the Property listing to procure a Buyer or Renter. However, Broker cannot warrant that the Property will appear on all other brokers’ websites.

 

Owner Obligations:

Owner acknowledges that he or she shall be responsible to respond to any and all requests for information, to schedule appointments and to show the Property and all other activities related to the transaction in a timely and businesslike manner. Owner understands that it his or her legal duty and responsibility to disclose all known facts that materially affect the value of the Property which is not readily observable to or not available by normal inspection by the Buyer or Renter.

 

Indemnification:

Owner shall indemnify, defend and hold harmless Broker from any and all actual and potential third-party liability and/or legal action(s) arising out of or related to this Agreement and/or Owner’s Property or listing, including, but not limited to, complaints from the MLS, Association of Realtors, HOA or Condominium Association(s), realtors/agents and/or Buyers/Renters; failure to pay any and all offered commissions; Owner’s violation(s) of applicable laws, including disclosure laws, and non-disclosure(s) as required by law; violations related to Owner’s materials and content; Owner's breach (affirmative or otherwise) of this Agreement; Owner’s gross negligence, Owner’s misrepresentations or the existence of any undisclosed material facts by Owner regarding the Property; and/or any and all court or arbitration decision(s) in favor of another broker or party that has prevailed on a claim related to the Property or Owner’s listing. This clause shall survive performance and transfer of title. Owner and Broker acknowledge that Broker has not visited the Property and has no knowledge as to any facts regarding any and all required disclosures. All information, including, but not limited to photographs, sketches, renderings, plans, floor plans, etc., uploaded to the MLS Service, have been provided solely by Owner. Broker has only entered information into the MLS Service based on the information provided by Owner in good faith without verifying its authenticity, accuracy, and/or veracity.

 

Security, Insurance, Showings, Audio, and Video:

Broker is not responsible for loss of or damage to personal or real property, or person, whether attributable to use of a key safe/lockbox, a showing of the Property, or otherwise. Third parties, including, but not limited to, appraisers, inspectors, brokers, and prospective buyers, may have access to, and take videos and photographs of, the interior of the Property. Owner agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Property; (ii) to obtain insurance to protect against these risks.

*Broker does not maintain insurance to protect Owner. Persons visiting the Property may not be aware that they could be recorded by audio or visual devices installed by Owner (such as nanny cams and hidden security cameras) and may claim an invasion of privacy. Owner is advised to post notices disclosing the existence of security devices.

 

Media:

Images, Photography, video, Public remarks/ description. Copyright Issues: You agree not to upload, post and/or utilize any copyrighted, protected, unauthorized, and/or illegally downloaded images, depictions, descriptions, contents, videos, and/or photographs on the website. FOR PURPOSES OF CLARITY, UPLOADING PHOTOGRAPHS VIDEOS, DEPICTIONS, TAKEN AND/OR PAID FOR BY A PRIOR REAL ESTATE AGENT OR OWNER OF THE PROPERTY (WITHOUT THE PRIOR, EXPRESS WRITTEN PERMISSION OF SUCH PRIOR REAL ESTATE AGENT OR OWNER AND THE APPLICABLE PHOTOGRAPHER) IS STRICTLY PROHIBITED. Should there be any penalty and/or fine assessed to Royce United / broker regarding any of your uploads, utilized materials, images, photographs, videos, and/or posts, you shall be completely and solely liable and responsible for payment of any and all such fines, penalties, and/or fees. You also hereby stipulate that Royce United / broker may immediately block, remove, delete and/or destroy, without notice, any and all complained of images and/or materials upon receipt of any notice of violation or complaint from the MLS or any other party regarding any and all posted, utilized and/or uploaded material, including, but not limited to images, photographs, and/or videos. By submitting any media to Royce United/broker, the owner represents and warrants that they own the right to reproduce and display the media or they have procured such rights and all necessary licenses from appropriate parties. Remember – Verbal permission to use media subject to copyright protection is insufficient for purposes of the MLS, Royce United, broker and/or for your protection in general.

WARNING: Penalties for copyright infringement can be up to $150k per picture. Misuse of Public Remarks and descriptions: You agree that the Property Description or other public-facing fields may not include:

• Gate codes • Showing Instructions • Compensation Information • Lockbox information • Occupancy status of the property such as “vacant” • Email addresses • Website addresses • Phone numbers • For Sale by owner information • Open house information • Language that violates applicable fair housing laws and guidelines

WARNING: broker reserves the right to remove any remarks within any field that are found to be inappropriate. Branded Photos/Media: Branding of any media submitted to Royce United / broker and MLS is prohibited. Images, Photography, video, virtual tours, and/or any media submitted to Royce United / broker and the MLS must not contain any branding or promotional information. You agree that Photos and media uploaded onto the MLS must not contain any of the items below:

• Agent, broker, or brokerage names or photos or logos • Phone Numbers • Website addresses • Email Addresses • For sale or for lease signs, billboards, open house signs, promotion signs, or any other advertising material with identifiable information • Animals with no relation to the property being listed. Example: A photograph of only a horse, dog, chicken, etc. • Messages or solicitations • People that are not incidental to the subject of the photo and/or are identifiable. Example: A scene that features people who can be identified or a photograph of only a person. • Photographs of children will be pulled immediately • Items not directly related to the listing.

WARNING: Royce United/ broker reserves the right to remove any photos/Media that are found to be inappropriate. Exterior Photo Requirement: You agree to add at least one (1) photo or rendering of a substantial portion of the exterior structure of the listing.

 

OWNER’S OBLIGATIONS TO UPDATE INFORMATION ON THE ROYCE UNITED WEBSITE FOR THE MLS SERVICE.

MLS INFORMATION & POSTING:

Pursuant to MLS Service’s internal rules and regulations, it requires that the information for the Property be current and up to date. Owner warrants that they will inform Broker in writing via the Website of any and all changes to the Property, including with regards to availability, within 24 hours of such changes. Owner is not authorized to keep his listed Property "off market" on the MLS Service, for more than 1 month (30 days). Should Owner fail to comply with this section of this Agreement, Broker reserves the right to immediately cancel the listing and shall not provide Owner a refund as this listing shall be deemed abandoned. Should the MLS Service generate a notice to Broker, Broker shall email the MLS notice to Owner to make any and all necessary changes to the listing. If Owner fails to comply with any MLS change within 24 hours of notice, Broker reserves the right to immediately cancel the listing without a refund and deem the listing as abandoned.

YARD SIGNAGE: FSBO / For Sale by Owner yard signage is not permitted by the Florida board once a property is listed in an MLS system.

 

Information Which Requires Immediate Update within 24 Hours of Notice or Knowledge:

• Immediately after a contract is signed or executed, i.e., pending sale, pending lease or under contract. • Immediately after the Property is sold or rented, owner MUST provide the name, phone number or license number of the Cooperating Broker and brokerage firm, if applicable, the sale or rent price, the type of financing and closing date and provide a complete fully executed copy of the purchase/sale agreement, copy of the CD / settlement statement or closing statement, and all addendum thereto. • Immediately inform Broker of any changes or notices known to Owner, including, but not limited to cancellation of the listings and Property price or commission fee changes. In the event any such information for the Property must be changed or adjusted, Owner and Broker shall mutually execute and enter into an addendum to this Agreement.

Any and all listings are subject to review and approval by the MLS and must comply with the MLS Rules and Regulations. Owner may not terminate this Agreement while the property is under contract. If this Agreement expires while the property is under contract owner must comply with the above.

WARNING: A $400 penalty may apply if the owner does not notify Broker by email within 24 Hours of Notice or Knowledge.

 

EQUAL HOUSING OPPORTUNITY: Federal and state laws make it illegal for Seller/Owner, Broker, or anyone to use RACE, COLOR, RELIGION, or RELIGIOUS CREED, SEX, DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. Seller/Owner also acknowledges that many jurisdictions have stricter laws that extend protection to political beliefs, income, sexual orientation, and other factors. Seller/Owner agrees to investigate and comply with all laws regarding discrimination.

 

GENERAL

a. Entire Agreement: This Agreement (including the Terms of Use and Privacy Policy, each as updated by Royce United from time to time) represents the entire agreement between you and Royce United, and supersedes any prior or contemporaneous understandings or written or oral agreements between you and Royce United, with respect to the subject matter of this Agreement. Except for updates by Royce United to the Terms of Use and Privacy Policy, this Agreement may only be amended, changed, or modified pursuant to a written document duly executed by both you and Royce United.

b. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any action or proceeding to enforce Arbitration or an Arbitration ruling or for an action for injunctive relief, you and Royce United each expressly consent to the (i) venue of Miami-Dade County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-convenient or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Palm Beach Count                         , Florida, USA.

c. Agreement to Be Bound and Survival: Your agreement to be bound by this Agreement commences with the earlier of your executing this Agreement, your accessing or using the Service, or otherwise submitting information to Royce United through the Service. Your agreement to be so bound will continue until this Agreement is terminated pursuant to the terms of this Agreement or your right to access and use the Service is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: Sections 6 through 12 of this Agreement and any other obligation you have to Royce United. If, following the cancellation or termination of your right to access and use the Service, you access or use the Service or otherwise submit information through the Service, then you again, automatically and immediately, are bound by these Terms.

The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. ©Royce United, Inc. All rights reserved.