MLS LISTING AGREEMENT
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This Limited Service Agreement is between* ("Seller(s) or Owner(s)") and Choice4Selling Real Estate, LLC (“Broker”).
1. AUTHORITY TO SELL PROPERTY: Seller or Owner grants Broker authority to list Seller’s or Owner’s real property (“Property”) or land on the MLS (Multiple Listing Service) at the price and terms described below: beginning the* day of , 200, and terminating at 11:59 p.m. the* day of , 200, Seller or Owner warrants having legal authority and capacity to convey this property and all improvements. This property will be offered 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.
2. DESCRIPTION OF PROPERTY: a) Real Property or Vacant Land Street Address:* b) Folio Number: c) Legal Description:
3. PRICE AND TERMS: The property is offered for sale at the following listing or rental price and terms acceptable to Seller or Owner: List Price:*
4. BROKER OBLIGATIONS, AUTHORITY AND COMPENSATION :* a) Seller authorizes Broker to place the property in the MLS (Multiple Listing Service), and to offer compensation to cooperating Brokers. b) Seller authorizes Broker to report to the MLS this listing information and price, terms and financing information on any resulting sale or lease. c) If a cooperating Broker who is a member of the MLS procures the buyer or tenant for the property then Seller or Owner must agree to pay a cooperating Broker commission of:% percent of the sales price, % percent of the monthly rental price or % percent of the yearly rental price. Enter one option only d) Seller or Owner authorizes Broker to perform one of the following services and agrees to compensate Broker accordingly. Select a service plan:
Choice 1: Flat Fee MLS – Basic ($195) (1) Enter your property information and photos in the MLS, provided by seller. (2) Showcase in REALTOR.com® 1 photo (includes 800 number Listing Hotline 24/7) (3) Post your property in Choice4Selling.com. 1 photo (4) Upload up to 8 photos of your property on the MLS. (5) List your property for up to 1 year. 12 months (6) Show listing on IDX fed websites: Herald.com, Sun-Sentinel.com, Yahoo.com & More (7) Expose your listing through top websites: AOL, homestore.com, MSN, Netscape & More
Choice 2: Flat Fee MLS - Advantage ($295) includes Basic services, and (8) Enhance Showcase Listing in REALTOR.com®. (9) Upload up to 8 photos of your listing on REALTOR.com®. (10) Announce your property in the Choice4Selling.com Open House Schedule (11) Provide a yard sign if requested, showing seller’s phone number. optional (12) Provide contract and or disclosures forms upon request.
Choice 3: Flat Fee MLS – Plus ($395) includes Advantage services, and (13) Provide a Market Analysis of your property. (14) Provide a lockbox for you to keep. No deposits or additional fee required (15) Provide your own web address to your listing. (16) Provide a direct telephone contact line to Broker.
Choice 4: Flat Fee MLS – Advanced ($495) includes Plus services, and (17) Provide a yard sign showing seller’s phone number. (18) Virtual Tour posted on the MLS, REALTOR.com® and Choice4Selling.com.
Choice 5: Flat Fee MLS – Enhanced Option Seller choosing this option to sell their home agrees to pay ($295) and an additional ˝ % fee* (.005) of the sales price at closing to listing Broker. Seller furthermore agrees to show the property to prospective buyers. Seller will receive the following services:
*Seller agrees to pay a ˝% fee of the sales price to listing Broker at closing + any cooperating broker commission due if a MLS participant procures the buyer for the property
Choice 7: Flat Fee MLS - Vacant Land ($175) Services listed in paragraph 4 d) 1,3,4,5,8,9,12,15
5. SELLER OBLIGATIONS:
a) Seller or Owner shall indemnify Broker and hold Broker harmless from and against any and all claims, demands, suits, damages, liability, losses including from the use of a lockbox, use of a sign or expenses including reasonable attorneys fees, arising out of misrepresentation, nondisclosure, concealment, nonperformance of any sale and purchase agreement, or payment of any commission by Seller or Owner in connection with the sale or lease of the property, including limitation, the accuracy or incompleteness of any information provided by Seller or Owner for the listing in the MLS. Seller or Owner is solely responsible for any complaint made by a Buyer before and after possession of the property with respect to any defects in the property. Seller or Owner furthermore agrees that Broker’s liability under this agreement and or related listing Broker’s performance of service mentioned herein is strictly limited to the listing service fee paid to the Broker. b) Seller or Owner shall make all legally required disclosures to both the listing Broker and Buyer, including all facts that materially affect the property's value which are not readily observable or known by the buyer including violations of governmental laws, rules and regulations. Seller or Owner will immediately inform Broker of any material facts that arise after signing this agreement.
6. BROKERAGE RELATIONSHIP: Broker shall act as a Non-representative
IMPORTANT NOTICE 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, Choice4Selling Real Estate, LLC 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 funds entrusted to the licensee.
I/We have read and understand the above No Brokerage Relationship Notice.
Seller(s) or Owner(s) Full Name(s)* e-signature:
Date:*
7. ADDITIONAL TERMS:
a) Seller or Owner may terminate this agreement at any time by giving written notice to Broker in writing providing there is not a contract pending on the property. b) Seller or Owner is free to sell or lease the property without obligation or compensation to a cooperating Broker, except when a commission is due to any participant Broker of the MLS. Listing Broker will be considered a participant of the MLS. c) The flat fee agreed in paragraph 4d is due upon signing this agreement in consideration for the services selected and does not constitute an advance fee, commission, or escrow deposit and is non-refundable once the property is entered into the MLS. d) Seller or Owner understands that this agreement does not guarantee the sale or lease of the property. e) Seller or Owner shall notify Broker, within 48 hours, when the status of the property listing changes, including when an offer has been accepted and when the sale of property closes. Seller or Owner shall provide a copy of the HUD-1 Closing Statement, Purchase Agreement or Lease Agreement to Choice4Selling Real Estate, LLC within 72 hours of property closing or execution of a contract to lease. f) Seller or Owner may request for the Broker to make changes to the listing by giving written notice (e-mail or fax). Broker shall make modifications and changes in the MLS pursuant to MLS rules and regulations. This condition will also apply to REALTOR.com®. g) Seller or Owner agrees to make property available and accessible during reasonable times to prospective Buyers or Tenants and cooperating Brokers during the term of this agreement. h) Seller or Owner may not advertise their property at a price that is lower than the Listed Price of the property; or use the Choice4Selling Real Estate name or logo in any advertisement placed independently by Seller or Owner. i) Seller or Owner may upgrade the service plan selected at any time during the term of this agreement by notifying the listing Broker in writing (e-mail or fax) and pay for only the difference between selected plan and upgraded plan.
By entering Seller(s) or Owner(s) name(s) in the space(s) below Seller(s) or Owner(s) is/are agreeing to the terms and conditions in this Listing Agreement.
E-mail Address:*
Phone Number:*
Listing Broker:
Choice4Selling Real Estate, LLC 14748 SW 56 Street #138 Miami, Florida 33185
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