SAMPLE FORM ONLY Residential Real Estate LISTING AGREEMENT
Transcription
SAMPLE FORM ONLY Residential Real Estate LISTING AGREEMENT
SAMPLE FORM ONLY Residential Real Estate LISTING AGREEMENT Exclusive Right to Sell – Limited Service OWNER/seller _________________________________________ PHONE_________________ PROPERTY ADDRESS _______________________________, CITY_____________, TOWN _______________ COUNTY ___________________________, STATE: NEW YORK ZIP CODE ________________ LISTING AGENT: PHONE: AGT. NO. _________________ BROKER: PHONE: BRK. NO _________________ 1. Listing Price: $_______________OWNER is solely responsible for determining the listing price. 2. Contract Term: This contract will be effective fro m ______________until _______ ____. Listing will automatically term inate on the expiration date. Exception: if property is Under Contract dur ing this perio d the contract will extend itself until the settlem ent/closing date arrives. OWNER may cancel t his contract (unless OWNER has a pending offer on the table or is under cont ract to a buy er) at any tim e without any additional obligations. A status change form must be faxed or emailed with instructions to cancel the listing. 3. Brokers Obligations:: BROKER’S sole obligations under this Agreement is in connection with the marketing of the Listed Propert y shall be lim ited to listing s ame on the MLS along with affiliated internet sit es, and maintaining it until home is sold and closed out in t he MLS, or until listing has expired or has been cancelled. BROKER does this in an attem pt to connect Sellers and Bu yers in the hopes that a sale will come to fruition. BROKER shall provide N YS required forms. BROKER is not obligated to, a nd will not , suggest a listing price for the Listed Property, or negotiate a potential transaction with a prospective buyer or a Cooperating Broker. 4. Broker Fee ; Owner has paid BROKER $____________, an upfront fee for the above mentioned services. If owner paid his/her fee to another co mpany, (ie: fsbo, fl at fee mls, etc) for th e a bove mentioned services, then please post a “0” in the above field and initial here; __________. 5. Cooperating Broker F ee: If a Cooperating Broker procures the buy er, OWNER will pay _____% of the sal e price at settl ement/closing to Cooperating Broker. Broker authorizes the closing attorne y to pass through the entire percentage to the Co operating Broker. The C ooperating Broker will be representing their buy er as a Su b Agent OR Buyers Agent OR Brokers Agent as outlined in the Agency Relationship Disclosure Form. Broker will post commission (as required on the MLS) to the respective types of Cooperating Brokers with the understanding that ONLY one commission will be paid, by the OWNER, to the ONE Cooperating Broker that sells the property. There will be ONLY one commission paid out to the Cooperating Broker who procures the buyer. If the buyer is not procured by a Cooperating Broker, then no commission will be paid out at closing. 6. Commissi on at Title Transfer : should a Coo perating Broker represent, introduce, or procure a bu yer who purchases th e Listed Pro perty, OWNER agrees t o pay the agreed-upon commission p reviously stated upon transfer of title. OWNER and BROKER authorize the cl osing agent/attorney to pa y the Cooperating Broker commission directly from the sale proceeds upon the transfer of title, thereby saving you, the OWNER, the step of issuing a check to Listing BROKER and Listing BROKER issuing a check back to the Cooperating Broker. 7. Fair Hou sing: It is agreed that the Listed Property shall be listed in full compliance with local, st ate, and federal fair housing laws that prohib it discrimination on the basis of race, color, religion, sex, national origin, handicap, age, marital status, and/or fa milial status, or ot her prohibited fact ors. Federal and Sate laws make i t illegal for OWNER, BROKER or an yone to use t he above mentioned classifications as reasons for refusing t o sell, show, or rent properties, loan money, or set depos it amounts, or as reasons for any decision relating to the sale of the property. 8. OWNERS Authorizations: a. In order t o facilitate the sale of the Listed Pr operty, the O WNER hereby (i) grants to BROKER a nonexclusive, irr evocable royalty -free lice nse to use, sublicense, publish, displa y, and reproduce any ph otographs, images, grap hics, video recordings, virtual tours, draw ings, diagram s, written descriptions, rem arks, nar ratives, pricing information, and o ther copyrightable elements of or relating to the Listed Propert y provided by OWNER to BROKER (hereinafter referred to as OWNER Listing Content), and t o prepare derivative works of th e OWNER Listing Content , and to repro duce, subm it to the MLS, distribute, a nd pu blicly d isplay t he OWNER Listing Content or any derivative works thereof, and ( ii) grants the BROKER the exclusive ri ght to place "FOR SALE" signs or the like on the Listed Property, to the exclusion of OWNER. OWNER represents and warrants to BROKER that the OWN ER Listing Content, and the license granted to BROKER for the OWNER Listing Content, do not violate or infringe upon the rights, including any copyright rights, or any person or entity. b. The OWNER may or may not authorize the use of a lockbox, and accepts any and all responsibility for an y damage, loss, or injur y arising from the use of the lockbox. The OWNER understands that by pr oviding the OWNER wit h a lockbox, the BROKE R shall not be consider ed the custodian of or responsible for said Listed Property, lockbox, authorized or unauthorized use of said lockbox, or items placed therein. c. The OWNER authorizes and directs the Cooperating Broker to submit all off ers for the Listed Propert y to the OWNER. d. The OWNER shall provide a “Pr operty Condition Disclosure State ment” to potential purchasers and to Cooperating Broker, unless instructed differently by owner’s attorney. OWNER is entirely responsible and liable for the accuracy and com pleteness of the disclosures made therein, and m ay be liable to provide a credit of $500.00 to the buyer if a “Property Condition Disclosure Statement” is not provided at the time of offer. e. The OWNER represents and warrants that he/she has received a copy of the "Disclosure Regarding Real Estate Agency Relationships." f. OWNER r epresents and warrants to BROKER that OWNER is not under contract with or otherwise utilizing the services of any other licensed real estate broker or agent in connection with the Listed Property. g. OWNER agrees to submit a fully executed “Sales Contract” and “Status Change” form to BROKER within 24 hours after both parties have signed the ag reement, and again on the day of closing. Failure to do this may result in a m onetary fine issued by th e MLS. These fines are passed on to the OWNER. In addition, the “HUD/Settlement Statement” (which is given to t he OW NER b y the attorne y upon closi ng) m ust be faxed to BROKER to close out your file. h. OWNER agrees to r equire all visitors who s ee the interi or of t he Listed Pro perty without the a ssistance of a Cooperating Broker to sign a visitor’s log. This log sh all be created and retained by OWNER until six m onths after the tran sfer of title or expiration of this Agreem ent, whichever occurs later. If the prospective purchaser answers “y es” to working with an Agent (on t he sign- in log), it is further understood by OWNER that a Cooperating Broker is entitled to a commission if home is sold to that buyer. If the prospective purchaser answers “no,” that purchaser could still choose to be represente d by a Cooperating Broker in a number of di fferent circumstances, including, but not limited to, returning to the property with a Cooperating Broker and/or having an offer present ed on his/her behalf by a Cooperating Broke r. In such cases, a co mmission would be due and payable by OWNER. If OWNER agrees to sell the Listed Propert y to a buy er who is not represented by a real Cooperating Broker, OWNER shall require such buy er t o si gn a statem ent befo re transfer of title stating: "For good and valuable consideration, the sufficiency of which is hereby acknowledged, I (We) represent and warrant to OWNER and the Listing Broker that I (We) have not been represent ed by a Cooperating Broker in connection with the Listed Property, have not been i ntroduced to t he Listed Prope rty b y a Cooperating Broker, have not been sh own the Listed Property by a Cooperating Broker, and have not had communication with a Cooperating Broker pertaining to the Listed Property. If a licensed r eal estate bro ker presents proof that he has perfor med any of the above, OWNER would then pay the Cooperating Broker as defined in this Agreement). OWNER agrees that OWNER is 2 ultimately responsible for payment of the commission provided f or herein. If a Cooperating Broker is not paid a commission that he is due, the Cooperating Broker may c hoose to take legal action. The Buy er's statement provided for in this paragraph is me rely a precautionary action to help the OWNER collect t he Commission due to the Cooperating Broker if the Buyer has circumvented a Cooperating Broker who is d ue a commission in connection with the sale o f the Listed P roperty. A COPY OF THIS STATEMENT SHALL BE F AXED TO BROKER ALONG WITH CLOSING DOCUMENTS! NO EXCEPTIONS! 9. Multiple Listing Service: The OWNER understands and agrees that the Real Estate BOARD and MLS are not the OWNER'S agents and that none of the terms of this Agreement shall make them the OWNER'S agents. 10. Escrow: OWNER acknowledges and agrees that BROKER will not act as an escrowee, and OWNER will not direct any one verbally or in writing to have BROK ER hold escrows or earne st money, or otherwise ac t as an excrowee. OWNER is advised to consult with his/her attorney prior to closing about any potential escrow monies. 11. Subsequent Offers; OWNER SHOULD CONSULT AN ATTORNEY REGARDING ANY SUBSEQUENT OFFERS, BECAUSE A BINDI NG CONTRACT FOR T HE PROPERTY MAY ALREADY E XIST AND BROKERAGE COMMISSION CLAIMS MAY BE INVOLVED. 12. Dispute Resolution: OWNER un derstands that should the Cooperating Broker take the Listing Broker to arbitration or court, OWNER will appear to testify if requested by the BROKE R regardless of whether the venue has a legal right or jurisdi ction to subpoena the OWNER. OWNER consents to all service and/or notifications by Certified Mail. OWNER agrees to permit the BROKER to assign his/her rights for da mages from the Owner for breach of the contract to the Cooperating Broker. Should the Cooperating B roker prevail against the BROKE R for a failure to pay comm ission and said unpaid commission was n ever p aid by the OWNER to the BRO KER, OWNE R inde mnifies and holds harm less BROKER and agrees to pay all damages awarded by an Arbitrator or a Court of Law to the Cooperating Broker. OWNER agg ress to be responsible for all legal fees in curred by BROKER to defend any clai ms arising out of OWNERS breach of this contract or fees incurred by the BROKER to collect fees provided by this agreement. If, for an y re ason, the Co operating Br oker is not p aid th e commission set f orth herein on the due date (or the closing agent or OWNER’s lawy er does not pay said commission directly to the Cooperating Broker at c losing), the OWNER shall i mmediately establish an escrow account with a part y m utually agreeable to BROKER and OWNER and shall place i nto said escr ow an am ount equal to the applicable commission set forth herein. These monies shall be held in escrow until the parties’ rights to the escrow monies have been determ ined (i) by t he mutual agreement of the parties hereto, (ii) by order of a court of competent jurisdiction, or (iii) by some other process to which the parties hereto agree to in writing. All claims, disputes, or ot her matters in question arising out of or relating to this Agreement, the Listed Property and/or the commission set forth herein shall be det ermined by arbitration before an arbitrator in the Cou nty of Westchester, State of Ne w York, pursu ant to the Commercial Arbitration Ru les of the A merican Ar bitration Association. The award r endered by the arbitrator sha ll be final, and jud gment may be rendered upo n it in accordance with applicable law in a court of competent jurisdiction. In any proceeding to enforce any provision of this Agreement, or for damages caused by breach thereof or default thereunder, the prevailing party s hall be entitled to reasonable attorney 's fees, costs, and related expenses, such as expert witness f ees, and fees paid to investigators. In the event the BROKER hires an attorne y or collecti on agent to enforce th e collection of any brokerage commission du e hereunder and is successful in collecting all or an y portion the reof with or without commencing an action, proceeding, or arbitration, OWNER agrees to pay such attorney's fees, costs, and expenses relating to the collection thereof. . 13. LIMITAION OF LIABILITY: In no event will BROKE R, its shareholders, directors, officers, employ ees, or agents be liable for any dam ages, losses, or liab ility, whether based on warranty , contracts, statutes, regulations, tort, or any other legal theo ry. T he BROKER's liability hereunder is lim ited to the Service Fee paid 3 by OWNER to BROKER. If a co mmission was paid directly to a Cooperating Broker, OWNER agrees to make all claims for reimbursement (should such a cause arise) of said commission against the Cooperating Broker. 14. Indemnification: OWNER shall defend, indem nify and hold BROKER, its shareholders, directors, officers, employees, agents and rep resentatives har mless f rom, any and all losses, claims, damages, l iabilities and costs, including wit hout lim itation comm ission claims, court co sts, reasonable attorney’ s fees and MLS penalti es and fines, which arise fro m, a re related to, or are in conn ection with (i) OWNER’ S breach of this Agree ment or violation of any federal, state or local law; (ii) OWNER’S provision of false, misleading, inaccurate or incomplete information, representatio ns or warranties to BROKER, pr ospective buy er or buy ers; or (iii) claims of third parties relatin g to the Liste d Property , the sale there of, and/or an y com pensation to be paid in connectio n with such sale (including, without limitation, a claim by the Cooperating Broker against BROKER for a commission). 15. TYPES OF LISTINGS In accordance with the requirements of New York State, the undersigned Owner(s) does (do) hereby acknowledge acceptance of the following two definitions: a. EXPLANATION OF EXCLUSIVE RIGHT TO SELL (As quoted verbatim from the New York Department of State): An ''exclusive right to sell '' listi ng means that if y ou, the owner of the propert y, fin d a buy er for y our house, or if another broker finds a buyer, you must pay the agreed commission to the present broker. b. EXPLANATION OF E XCLUSIVE AGENCY (As quoted verbatim from the New York Depart ment of State): An ''exclusive agency'' listing means that if you, the owner of the property, finds a buyer, you will not have to pay a co mmission to the br oker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and your present broker. OWNER’S Initials:_______________ Date: _______________________ Interpretive Statement from XXXXX We are required to provi de you with th e above definitions by law. However, the state' s definition of Exclusive Agency and Exclusive Right to Sell d o not full y q ualify as our type of listing. The def initions abo ve onl y consider sales commissions and pre-date the practice of charging up-front compensation for listing real estate. The Department of State shoul d update them to reflect modern practice but has not done so xxxxxxxxxxxxx. essentially offers a combination of the two listing t ypes described above but will post your listing in the MLS as an Exclusive Right to Sell Limited Service when forced to select one of the two. This contract is subject to the Addendum titled TERMS AND EXPLANATIONS OWNERS SIGNATURE_________________________________ DATE______________________ OWNERS SIGNATURE_________________________________ DATE______________________ DATE______________________ LISTING OFFICE LISTING AGENT DATE______________________ The headings used in this Agreement are for reference purposes only, and shall not be construed to affect the terms and conditions contained herein. 4