LIMITED SERVICE LISTING AGREEMENT
This Limited Service Listing Agreement (“Agreement”) is between the Seller (“Seller”) as indicated below, and LISTWITHFREEDOM.COM, INC (“Broker”).
1. AUTHORITY TO SELL PROPERTY:
Seller grants Broker the authority to list Seller’s real and personal property (collectively “Property”) indicated below, at the price indicated below, and terms described in the Flat Fee MLS package purchased, for a term based upon which listing package was purchased, which will begin when listing is placed in the MLS. Seller certifies that Seller is legally entitled to convey the 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 Street Address as indicated below.
b) Parcel ID (Found on your tax statement) as indicated below.
c) Seller agrees to offer for sale through the services provided by Broker the Property, fixtures and all improvements thereon. All personal property to be conveyed at the time of sale shall be listed by Seller in the Real Estate Sales Agreement entered into between Seller and Buyer and shall be transferred free of any liens.
3. PRICE AND TERMS:
Property is offered for sale on the following or other terms acceptable to Seller: a) Price as indicated below (Seller is solely responsible for determining the appropriate listing price).
Seller has agreed and has prepaid Broker for performing the responsibilities delineated in this Agreement and no refund will be issued regardless whether the property sells and no matter who sells the property. Seller shall pay a cooperating commission (“COOP”) as indicated below. This commission is based on the total purchase price and is due at closing to a licensed Buyer’s Broker or Transaction Broker (“Co-Broker”) in the event the Co-Broker represents or introduces the property to a ready, willing and able buyer and the buyer enters into an Agreement with the Seller to purchase the property.
Under this Agreement, Seller can sell his/her Property himself/herself to any buyer not procured or represented by a participating Realtor, in which case no COOP is due.
5. BROKER OBLIGATIONS AND AUTHORITY:
a) Seller authorizes Broker to place the property in the appropriate local Multiple Listing Service (MLS) with jurisdiction to Seller’s county and state, and to offer the agreed upon compensation to cooperating brokers. All listings are subject to approval and the Rules and Regulations of the MLS.
b) Seller authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors to use, license or sell the active listing and sold data.
c) Seller authorizes Broker to place Seller’s contact information in the MLS. All appointments to show property will be made with the Seller directly. Due to the rules and regulations of Realtor.com, Broker may not and will not place Seller’s contact information in the Realtor.com listing. Broker will make every effort to forward any leads originating from the Realtor.com listing to the Seller in a timely manner.
d) Broker will maintain listing. All changes on the listing must be requested in writing by Seller.
e) Broker reserves the right to terminate, suspend or change the status of the listing in the MLS without explicit authorization from the Seller if the Broker deems necessary due to reasons that would indicate that property is not currently for sale, may have been sold, etc.
6. SELLER OBLIGATIONS:
a) Seller shall indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney’s fees and from liability to any person, that Broker incurs because of (1) Seller’s negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the transfer of title.
b) Seller shall make all legally required disclosures, including all facts that materially affect the Property’s value and are not readily observable or known by the buyer. Seller is responsible and required to provide a Seller’s Real Property Disclosure Statement to represent any or no material facts (building code violations, pending code citations, unobservable defects, etc.). Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
c) Seller, upon entering into a contract of sale with a buyer, agrees to notify Broker, within 48 hours, of the fact that Property is under contract, and will advise Broker of the name and phone number of the settlement agent or attorney and provide a complete fully executed copy of the purchase/sale agreement and all addendum thereto. The failure to do so may result in a $250.00 fine to Broker, which will be charged to the Seller collectable immediately and/or through judicial action at the option of Broker.
Upon the sale of the Property, Seller agrees to deliver to Broker, the following documents or information:
(1) Copy of HUD-1 settlement statement or closing statement
(2) Copy of Sales Contract including all addenda and amendments, if any, and written verification by the escrow agent that all required deposit(s) have been paid.
Seller may cancel the MLS Listing during the terms stated above with no penalty to the Seller. No refund will be issued upon cancellation. Seller may reinstate a cancelled listing within the duration of the term of this Agreement; however, Seller will pay Broker a reinstatement fee of $99. Seller may not terminate this Agreement while the Property is under contract. If this agreement expires while the property is under contract, Seller’s obligations under this Agreement continue through the closing and transfer of Property.
d) Seller represents that the Property is not listed with any other broker.
e) For ninety (90) days following expiration of this Agreement, any cooperating broker shall continue to be entitled to the compensation described in this Agreement should Seller transfer Property or any interest in
the Property to any ready, willing and able prospects procured regarding the Property prior to expiration.
f) Seller is responsible for all aspects of the selling and sale of property including but not limited to determining sale price and commission, advertising, making appointments, showing property, negotiating sales price, all closing activities, etc.
7. BROKER SHALL NOT BE AN ESCROWEE:
Seller shall not execute a sales contract that requires Broker to hold earnest money or a possession escrow.
8. SELLER’S MANDATORY DISCLOSURES:
Seller understands that Seller has a duty under Florida law to disclose to potential buyer facts known to the Seller which materially and adversely affect the value of the Property, including violations of governmental laws, rules and regulations, and which are not readily observable by a buyer. Seller understands that Florida law requires Broker to disclose to any buyer all facts, which materially affect the value of the Property actually known by Broker, which are not readily observable by any buyer. Seller understands that a licensed real estate broker or salesperson (”licensee”) working with a buyer may represent that buyer, and may be required to disclose to the buyer any information given to him by Seller. Broker shall not be responsible for making any disclosure to Buyer. Seller expressly releases Broker from any responsibility or liability regarding disclosure requirements whether required by statute or otherwise. Broker recommends that Seller consult with legal counsel concerning disclosure requirements or the completion of any disclosure forms. Seller agrees to indemnify and hold Broker harmless for any violation of any ordinance, regulation, and statute of law regarding Seller’s disclosure obligations. If the Property was built in 1977 or earlier, Seller will provide prospective buyers with all information Seller knows about lead-based paint and lead-based paint hazards in the Property and with all available documents pertaining to such paint and hazards, as required by federal law. Seller understands that the law requires the provision of this information to prospective buyers before the potential buyers become obligated to purchase the Property.
9. AGENCY DISCLOSURE:
Unless Seller and Broker have entered into a separate representation agreement, Broker does not represent the Seller as either a Single Agent or as a Transactional Broker. Broker has “No Brokerage Relationship” with the Seller and does not represent the Seller. Seller has chosen to handle all Matters concerning Property as a “For Sale by Owner”, thus; relieves Broker and it’s Associates from any Liability.
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
You should not assume that any real estate broker or sales associate represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation.
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, BROKER 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.