TERMS and CONDITIONS
NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker.
The fee for Listing Agent’s services is listed on the DecoFlatFee.com website and is charged daily. Once Property has been input into the MLS, Seller is no longer eligible for a refund from Listing Agent. Seller may cancel at any time with 24 hour notice.
Once Seller has submitted their order for an MLS Listing with Listing Agent, Seller shall be entitled to the number of free changes to the MLS Listing that is associated with the plan signed up under. After the allotted number of free changes has been depleted, the cost for each additional change shall be $25 per change.
Agency Relationship Disclosure
To provide an explanation of agency relationships and duties, California law requires that a real estate broker disclose in writing the general duties which arise from certain agency relationships. Additionally, the broker’s status as agent of the seller, agent of the buyer, or agent of both the seller and buyer (dual agent) is to be disclosed to the principals of the transaction who must consent to the agency relationship(s) disclosed. This requirement applies to the sale, exchange, or lease (for more than one year) of real property improved with 1 to 4 dwelling units, or the sale of a manufactured home (as defined in Health and Safety Code Section 18007).
To satisfy the California law noted above, Listing Agent shall provide Seller with the state the document entitled “Disclosure Regarding Agency Relationships” prior to entering into this Listing Contract. Seller understands and agrees that this Listing Contract is only for the purpose defined in the section of this Listing Contract entitled “Contract Purpose” and that Listing Agent will not be representing Seller or any other party in any transaction.
Seller hereby states, to the best of Seller’s knowledge, the following are true:
a. Seller (or that party Seller has the authority to represent) is the only party that holds title to Property.
b. Seller does not require approval from any other party to sell Property.
c. Seller has the authority to execute this Listing Agreement. Seller hereby agrees to the following:
d. All potential purchasers of Property shall receive a written disclosure from Seller that states the following:
(i) Listing Agent has been hired only to provide MLS listing service,
(ii) Listing Agent will not be performing any inspection of Property,
(iii) Listing Agent makes no representations or warranties regarding Property,
(iv) Listing Agent will not represent Seller in this transaction, and
(v) all real estate broker duties outlined in the provisions of California Civil Code Section 2079 et seq. do not apply to Listing Agent.
e. Property will not be entered into a future listing contract with any real estate agent without Seller first cancelling this Listing Contract in accordance with the section of this Listing Contract entitled “Cancellation Policy”.
f. Seller agrees to indemnify, defend and hold Listing Agent harmless from any and all claims, damages, liability, costs or expenses (including reasonable attorney’s fees and costs) arising out of any information provided by Seller that is inaccurate.
g. Seller authorizes Listing Agent to advertise the sale price of Property, if sold.
Damages, Theft, Injury
Seller agrees that Listing Agent shall in no way be held liable for any property damages, theft, or bodily injury that may occur as a result of the following: (i) Property being viewable by users of the MLS or third-party websites, or (ii) Property showings by Seller.
Seller is advised to consult an insurance professional to explore available options to insure against property damages, theft, and bodily injury that may result from Seller marketing and showing Property or Seller making Property available for entry via a lockbox, as Listing Agent carries no such insurance and such problems occur frequently in the real estate industry.
Third Party Disputes
Seller agrees to indemnify, defend and hold Listing Agent harmless should any party
initiate a lawsuit or any alternative dispute resolution involving Listing Agent as a result of any Seller attempted transfer of Property. Seller shall pay all costs, fees (including attorneys fees), and/or fines incurred by Listing Agent that result, or are associated with any such lawsuit or alternative dispute resolution.
Email and E-Signature
Seller agrees to receive all Listing Agent correspondence at the email address provided by Seller below their signature at the end of this document. Seller agrees to exclusively communicate with Listing Agent through email or the DecoFlatFee.com website.
Seller shall ensure that email originating from the DecoFlatFee.com domain is not treated as spam/junk by Seller email client, as Listing Agent may correspond with Seller via a DecoFlatFee.com email address. Seller agrees to conduct any required document signings via electronic methods, as chosen by the Listing Agent.
Seller acknowledges that certain disclosures are required by California law when transferring real property and that Seller is solely responsible for providing such disclosures to a buyer. Seller agrees to indemnify, defend and hold Listing Agent harmless should any party initiate a lawsuit or any alternative dispute resolution involving Listing Agent as a result of any Seller failure to provide or accurately complete any required disclosure. Seller shall pay all costs, fees (including attorneys fees), and/or fines incurred by Listing Agent that result, or are associated with any such lawsuit or alternative dispute resolution.
Should any provision of this Listing Contract be determined to be invalid or unenforceable, the remainder of this Listing Contract shall nonetheless remain in full force and effect. Resolution of any legal dispute beyond arbitration shall take place in the exclusive jurisdiction of California state courts in the county where Listing Broker’s main office is located. California state law governs this Contract, regardless of any conflicts it may have with any other state law.
SELLER IS ADVISED BY LISTING AGENT TO CONSULT AN ATTORNEY PRIOR TO SIGNING THIS CONTRACT.
Seller acknowledges by agreeing below that Seller would not have signed this Listing Contract unless Seller had ample time to review the foregoing TERMS and CONDITIONS or any other attachments referenced above, fully understood all noted documentation, and had the opportunity to seek advice on the ramifications of all of the above. If Seller is not an individual, the person signing on behalf of the Seller hereby states that they have the authority to do so.