FAQs About Our Listing Service

Here are some FAQs and common questions sellers have about our service. If you have more specific questions, not answered in these FAQs, Contact Us and we’ll quickly do our best to answer them for you!

What is the MLS?

The MLS (Multiple Listing Service) is a cooperative listing service among licensed real estate agents and brokers. Members of the MLS input detailed information regarding properties available for sale into a database that is distributed to all participants in the MLS. All members of the MLS have a right to show/sell an advertised property and are promised a commission should they present an offer that results in the successful sale of an advertised property. The vast majority of home sales are made through participation in the MLS.

Why would I want my property listed in the MLS?

As a For Sale By Owner, your exposure to potential buyers is limited. Your choices for advertising are generally confined to: yard signs, newspaper ads, for sale by owner and classified websites, open houses, and word of mouth. This is often not enough to attract buyers, most of whom are working with agents. Real estate agents consider the MLS as the inventory of homes to sell and use it to locate properties for their clients.

Real estate agents rarely use newspaper ads or other advertising to locate available properties, even though they may use them for their own advertising. Having your property listed in the MLS will provide needed exposure and will increase the chances that a real estate agent will find a buyer for your home. Real estate agents are motivated to sell properties listed in the MLS because the seller has already agreed to pay a commission.

How can you provide this service so inexpensively?

With advances in technology, realty agents are able to do in one hour today, what would have taken ten times that five years ago. This has led to the advent of “Flat Fee MLS Listing” or “Discount Listing Brokers” and real estate companies throughout North America that offer the similar services as traditional brokerages, with the resulting reduction in costs being passed on to you, the home owner. Home sellers everywhere are retaining higher equity in their homes by refusing to pay high real estate commissions. We provide professional flat fee listing services which can save you thousands of dollars on the sale of your home.

Are there any additional fees?

No, there are no other fees other than the listing fee you pay us. There are options we offer to upgrade your listing, or advertise your open house, however these are only optional and not required.

Can I list my Rental Property on the MLS?

Yes, rental properties are able to be listed on the MLS the same as a “for sale” property. The cost to list is the same.

Can I list a Commercial Property on the MLS?

No, we do not handle commercial listings due to the complex nature of this type of listing. You should consider hiring a traditional local broker who specializes in commercial properties. We are not aware of any “flat fee” commercial brokerages. A an example of a commercial property that can be listed is a 6 family home, or other income producing residential property. Any non-residential business oriented property would be considered commercial.

Is the MLS the best way to sell a home?

Yes, the majority of properties are sold through the MLS due to the large network of Realtors working with buyers. The National Association of Realtors (NAR) reports that homes listed by Realtors result in a higher net price to sellers compared to “For Sale By Owner” home sale transactions.

What’s the difference between the MLS and Realtor.com?

Do not confuse Realtor.com with the MLS. They are two separate systems, and Realtor.com is operated by MOVE, Inc. Realtor.com downloads property data from the hundreds of local MLS’s and makes that property data available to the public.

Realtor.com is not a “For Sale By Owner” website, so seller’s contact information is not available or permitted to be posted. It is acceptable to list the seller as the property contact on the local Realtor MLS; that’s because, it is ONLY accessible to Realtors.

The MLS advantage is that every single broker and agent participating in the MLS has an incentive to sell your home, effectively putting every agent in the area to work for you! The first place a buyers agent looks is always the MLS, so there’s simply no better way to gain instant and widespread exposure for your home.

Is your flat fee listing fee refundable?

At any time within 14 days of placing an order for any item AND before you have signed and returned the Listing Agreement or your property has NOT been listed in the MLS, you may request a refund of your listing fee less a $50 non-refundable application fee. Once the listing process has been completed by the broker, you can request to cancel your listing on the MLS, but the listing fee is non-refundable. View our company policies here – Refund Policy.

Will my contact information be displayed?

On the MLS, yes it will be displayed for agents so they can contact you directly for showings. In some cases your broker may also be able to post your email address. On “public” websites, such as Realtor.com or Zillow.com, only the brokers contact information is allowed to be displayed. The reason for this is because the MLS has rules about what information is allowed to be syndicated to 3rd party websites. Neither you, nor your broker can do anything about this, and these rules are strictly enforced.

What happens when a buyer calls about our home?

We refer all buyer leads directly to the seller. In some cases, our brokers may receive calls, and if a buyer says they are represented by and agent, they may suggest to have their agent call you and set up the showing.

However, if a buyer is not represented at this time, and they expresses that they wish to be represented by an agent to see your home, the listing broker may have the option to show your home. Although this rarely happens, it is possible that your listing agent may also be able to represent the buyer.

Do I have to pay a commission to a buyers agent?

Yes, real estate agents do not work for free. To be listed in the MLS, you must offer a commission to the agent who represents the buyer (AKA “cooperating broker” or “selling agent”). If a real estate agent presents an accepted offer and it goes to closing, you must pay the commission offered on the MLS listing. The commission is paid directly by you to the buyers brokerage firm at the close of escrow.

If you sell your home to a buyer that is not represented by a broker or agent, then you pay no commission!

If I find a buyer with no agent, do I still pay a commission?

No, you are free to sell your property to any buyer not procured or represented by a broker, in which case no broker commission is due.

Can I cancel my listing at any time?

You can cancel the listing at any time by submitting a support request through our website (assuming there is not a contract pending on the property involving a buyer who was procured by a cooperating broker). There are no termination fees or other penalties in the event that you wish to cancel your listing before the expiration date. However, no refunds will be provided after your property has been listed.

Do you assist me when I receive an offer?

Using our Flat Fee MLS listing program, services are strictly limited to listing the property on the MLS. You provide the property information and photos, then complete the listing agreement, and our Flat Fee Listing broker will setup your MLS listing. Our only responsibility is to maintain your MLS listing.

If you feel that you need assistance in interpreting or determining the merits of a purchase offer, conducting negotiations, completing the required disclosures and inspections, or otherwise moving your transaction to settlement, we recommend that you obtain a full service broker for representation.

Will my property be listed on the internet?

Yes, your property will be listed on many popular real estate websites (websites vary depending on syndication feeds from the local MLS). These internet listings will give you national exposure to all home buyers. Since hundreds of people move to other states daily, this exposure can be a vital component in selling your home quickly and for the best price.

Independent websites will obtain your listing directly from the MLS or a 3rd party syndication feed. Keep in mind that they pick up whatever they wish from your MLS listing to publish on their website. Thus, we have no control over these independent websites and we cannot change or edit their content.

Are you a licensed real estate brokerage?

Yes of course! We are a licensed broker in Alabama, Florida, and Tennessee and in states where we are not licensed, we partner with local licensed flat fee listing brokers to handle your listing.

Who do I call with questions after I’m listed?

Please see our Contact Us page. If you need to submit a change request visit our Client Support Center.

Print Listing Agreement

Listing Agreement Preview – FLORIDA

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).

4. COMPENSATION:

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.

Seller may be responsible to pay Broker other fees upon closing. If any other fee(s) is/are due at closing, the fee(s) and will be specified below in this agreement. Any such fee(s) will be presented to the Seller prior to listing the property for Seller’s approval.

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 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.

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Print Listing Agreement for Lease

Listing Agreement Preview – RENTAL – FLORIDA

LIMITED SERVICE LISTING AGREEMENT FOR LEASE

This Limited Service Listing Agreement for Lease (“Agreement”) is between the Owner (“Owner”) as entered below, and LISTWITHFREEDOM.COM, INC (“Broker”).

1. AUTHORITY TO LEASE PROPERTY:

Owner grants Broker the authority to list Owner’s real and personal property (collectively “Property”) described below, at the price, terms and Listing Period described in the Flat Fee MLS package purchased, for a term based upon which listing package was purchased and will begin when listing is placed in the MLS.

If the Property becomes vacant during the Leasing Period, Owner and Broker remain obligated to perform under this Agreement until the Listing Period expires. Owner certifies and represents that Owner is legally entitled to lease the Property.

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 entered below.

b) Parcel ID (Found on your tax statement) as entered below.

c) Occupancy as described below.

3. PRICE AND TERMS:

Property is offered for lease on the following or other terms acceptable to Owner: a) Price as listed below (Owner is solely responsible for determining the appropriate listing price).

4. BROKER OBLIGATIONS AND AUTHORITY:

a) Owner authorizes Broker to place the property in a multiple listing service (MLS), to offer compensation to cooperating brokers.

b) Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting lease. Owner authorizes Broker, the MLS and/or Association of Realtors to use, license or sell the active listing and rent data.

c) The contact information provided in the MLS will be the Owner’s contact information so cooperating brokers can contact the Owner directly.

5. OWNER OBLIGATIONS:

a) Owner 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) Owner’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) Owner 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 tenants. Owner represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.).

c) Taxes: Leases for a term of 6 months or less are subject to state tax on transient rentals and to local tax on tourist development and impact. The party who receives the rent is responsible for timely collecting and remitting said taxes.

d) Owner will immediately inform Broker of any material facts that arise after signing this Agreement. If the Property was built in 1977 or earlier, Owner will provide tenants with all information Owner 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. Owner understands that the law requires the provision of this information to prospective tenants before the tenants become obligated to lease the Property.

e) Owner represents that the Property is not listed with any other broker.

f) For one hundred and eighty (180) days following expiration of this Agreement, any cooperating broker shall continue to be entitled to the compensation described in this Agreement should Owner transfer Property or any interest in the Property to any prospects procured regarding the Property prior to expiration.

g) Owner, upon entering into any contract to lease with a renter, agrees to notify Broker, within 48 hours, of the fact that Property is under contract, and will provide Broker the details needed to change the listing status to PENDING in the MLS. The failure to do so may result in a $250.00 fine to Broker, which will be charged to the Owner collectable immediately and/or through judicial action at the option of Broker. · Upon the execution of a lease for the Property, Owner agrees to provide Broker the details needed to change the listing status to RENTED in the MLS.

h) Owner may cancel the MLS Listing at any time with no penalty to the Owner. No refund will be issued upon cancellation. Owner may reinstate a cancelled listing within the duration of the term of this Agreement; however, Owner will pay Broker a reinstatement fee of $59. Owner may not terminate this Agreement while the Property is under contract. If this agreement expires while the property is under contract, Owner’s obligations under this Agreement continue through the execution of any lease.

i) Owner represents that the Property is not listed with any other broker.

j) 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 Owner enter a lease or sale of Property or any interest in the Property to any ready, willing and able prospects procured regarding the Property prior to expiration.

k) Owner is responsible for all aspects of the renting of property including but not limited to determining price and commission, advertising, making appointments, showing property, negotiating sales price, all legal activities, etc.

6. BROKER SHALL NOT BE AN ESCROWEE:

Owner shall not execute any contract that requires Broker to hold earnest money or a possession escrow.

7. COMPENSATION:

Owner 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.

Owner shall pay a cooperating commission, as described below, to a licensed Broker or Transaction Broker (“Co-Broker”) in the event the Co-Broker represents or introduces the property to a ready, willing and able renter and the renter enters into an Agreement with the Owner to lease the property.

Under this Agreement, Owner can rent Property directly to any tenant not procured or represented by a participating Realtor, in which case no cooperating commission is due.

8. AGENCY DISCLOSURE:

Unless Owner and Broker have entered into a separate representation agreement, Broker does not represent the Owner as either a Single Agent or as a Transactional Broker. Broker has “No Brokerage Relationship” with the Owner and does not represent the Owner. Owner has chosen to handle all Matters concerning Property as a “For Rent by Owner”, thus; relieves Broker & its 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.

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Print Listing Agreement

Listing Agreement Preview – ALABAMA

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:

  1. a) Real Property Street Address as indicated below.
  2. b) Parcel ID (Found on your tax statement) as indicated below.
  3. 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).

4. COMPENSATION:

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. SELLER’S REQUIREMENTS:

Seller shall provide List With Freedom LLC with all the property information requested and represents that said information is accurate to the best of Sellers knowledge. Seller is responsible for any inaccuracies in the information provided to List With Freedom LLC and agrees to be responsible for any fines assessed by the MLS by any MLS infractions caused by Seller as stated below. Seller understands that List With Freedom LLC does not conduct any investigation of the property to verify the information provided by Seller and is not responsible for the accuracy of the information. List WithFreedom LLC shall input the property information with the local MLS in accordance with local MLS rules and regulations. List With Freedom LLC shall complete a verification form setting forth all of the information provided by Seller and as input on the MLS. Seller agrees to review, verify and sign the form.

5A. Seller agrees to notify Broker, within 48 hours, in the event of the any of the following:

  • Seller enters into a contract to sell or rent the property.
  • Seller wishes to change the listing or rental price or cooperating commission.
  • Seller decides not to sell or rent the property.
  • Closing or settlement.

5B. Seller, upon entering into a contract of sale or rent 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/rental agreement and all addendum thereto. The failure to do so may result in a MLS fine to List With Freedom LLC, which will be charged to the Seller collectable at closing. Upon the sale or rental of the Property, Seller agrees to deliver to Broker, within 48 hours, the following documents or information:

  • Copy of HUD-1 settlement statement or closing statement. Please include selling Broker (if Broker/Realtor/Agent was involved), sale/rental price, commission, concessions (if any), closing date, buyer’s name, and rental lease length (if rental listing) so we may properly update the MLS.
  • Copy of Sales/Rental Contract including all addenda and amendments, if any, and written verification by the escrow agent that all required deposit(s) have been paid.
  • Seller’s new address and contact information.

Seller may not terminate this Agreement while the property is under contract. If this Agreement expires while the property is under contract Seller must comply with the above.

5C. Seller may not: Advertise the property at a price that is lower that the Listing Price; or use List With Freedom LLC’s name or logo in any advertisement placed independently by Seller.

6. SERVICE FEES: Seller agrees to pay at the time of entering into this Agreement and in the manner provided herein a non-refundable service fee (see terms & conditions) for the initial term of the Agreement. Should a participating Realtor, including List With Freedom LLC, procure a buyer who is ready, able and willing to purchase the described Property for the price identified in paragraph #3 of this agreement for the sale or rental and transfer to such a buyer or tenant, seller will be obligated to pay the commission advertised on the MLS to the procuring entity. The service fee charged is for placing the initial information into the MLS. There are no other fees charged for subsequent changes made to the information provided to the MLS or cancellation of the listing.

7. BROKER’S SERVICES: The Broker’s services are strictly limited to the following:

  • One Seller’s document package (available on our website)
  • List the property on the Multiple Listing Service (MLS), for the terms of this Agreement, up to a maximum of 24 months.

8. SELLER’S MANDATORY DISCLOSURE: Seller shall make all legally required disclosures, including all facts materially and adversely affect the value of the Property, which are not readily observable. Seller represents that there are no material facts other than the following: Seller shall immediately inform Broker of any material facts that arise after signing this Agreement.

9. REPRESENTATIONS: Seller represents, warrants and agrees as follows: Seller understands that he must comply with all federal, state and local laws concerning fair housing. Seller acknowledges that federal, state and local laws prohibit discrimination in the sale or rental of property based on race, color, religion, sex, disability, familial status, national origin or any other factor protected by federal, state or local law.

  • All persons and/or entities authorized to sell the Property have signed this Agreement, and the undersigned signature(s) include all person(s) and or entities, or their duly authorized representatives, who have an ownership interest in the Property. If the individual signing this Agreement is acting in a representative capacity, such individual certifies that he is legally authorized to enter into this Agreement.
  • Seller has given Broker the information regarding the Property to appear on the MLS. Seller understands that the Property information will be included in the MLS. Such information is accurate and complete and does not omit or fail to disclose any material defects regarding the Property known to Seller. Broker will post listing changes according to MLS rules and use Broker discretion. The following changes will not be made: Posting of lock box codes. Posting of X rated photos and verbiage. Posting of conditional bonuses and listing prices. Posting of Temporarily Withdrawn status longer than 30 days. Posting that violates Fair Housing Laws.
  • Seller shall indemnify, defend and hold Broker harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses (including reasonable attorney’s fees) arising from any misrepresentation, nondisclosure, concealment nonperformance of any purchase/sale or rental agreement, or payment of any commission by Seller in connection with the sale or rental of the Property, including without limitation, the inaccuracy or incompleteness of any information provided by Seller for listing on the MLS, use of a lock box, existence of undisclosed material facts or court or arbitration decision that for a broker who was not compensated in connection with a transaction. Seller agrees and acknowledges that List With Freedom LLC. may place a lien against the property for any and all claims, fines, demands, suits, and/or damages.

10. TERMINATION OF AGREEMENT: There is no termination fee in the event the Seller decides to withdraw their Property from the market by giving written notice to List With Freedom at any time there is not then a contract pending on the Property a buyer who was produced by participating licensed real estate agent. A refund will only be provided in the event that List With Freedom LLC. does not accept this Agreement or this service is cancelled before the listing is entered into the Multiple Listing Service (MLS). You will be provided a copy of the MLS Listing.

11. ATTORNEY’S FEES AND COSTS: If a dispute arises by and between the parties or involving the subject matter of this Agreement and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney’s fees and litigation costs, including appellate attorney’s fees and costs by the non prevailing party.

12. CHOICE OF LAW AND FORUM: All disputes by and between the parties hereto shall be exclusively heard in Palm Beach County, Florida for the interpretation and application of this Agreement.

13. SELLERS ACKNOWLEDGMENT OF List With Freedom LLC’s LIMITED DUTIES: This Agreement creates a limited service listing agreement to market Sellers Property and limits the performance requirements of List With Freedom LLC, Inc. as set forth herein. List With Freedom LLC. is not representing Seller as a full service Real Estate Agency. No other agreement, expressed or implied, shall be held to impose any greater relationship than that set forth herein. Seller waives any claim or cause of action it may have against List With Freedom LLC., its owners, agents and employees arising as a result of any act or omission of List With Freedom. Seller accepts the responsibility to comply with all ordinances, regulations and statutes pertaining of Seller offer for sale or rent and sale or rent of the Property.

 

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Print Listing Agreement for Lease

Listing Agreement Preview – RENTAL – ALABAMA

LIMITED SERVICE LISTING AGREEMENT FOR LEASE

This Limited Service Listing Agreement for Lease (“Agreement”) is between the Owner (“Owner”) as entered below, and LISTWITHFREEDOM.COM, INC (“Broker”).

1. AUTHORITY TO LEASE PROPERTY:

Owner grants Broker the authority to list Owner’s real and personal property (collectively “Property”) described below, at the price, terms and Listing Period described in the Flat Fee MLS package purchased, for a term based upon which listing package was purchased and will begin when listing is placed in the MLS.

If the Property becomes vacant during the Leasing Period, Owner and Broker remain obligated to perform under this Agreement until the Listing Period expires. Owner certifies and represents that Owner is legally entitled to lease the Property.

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 entered below.

b) Parcel ID (Found on your tax statement) as entered below.

c) Occupancy as described below.

3. PRICE AND TERMS:

Property is offered for lease on the following or other terms acceptable to Owner: a) Price as listed below (Owner is solely responsible for determining the appropriate listing price).

4. BROKER OBLIGATIONS AND AUTHORITY:

a) Owner authorizes Broker to place the property in a multiple listing service (MLS), to offer compensation to cooperating brokers.

b) Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting lease. Owner authorizes Broker, the MLS and/or Association of Realtors to use, license or sell the active listing and rent data.

c) The contact information provided in the MLS will be the Owner’s contact information so cooperating brokers can contact the Owner directly.

5. OWNER OBLIGATIONS:

a) Owner 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) Owner’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) Owner 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 tenants. Owner represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.).

c) Taxes: Leases for a term of 6 months or less are subject to state tax on transient rentals and to local tax on tourist development and impact. The party who receives the rent is responsible for timely collecting and remitting said taxes.

d) Owner will immediately inform Broker of any material facts that arise after signing this Agreement. If the Property was built in 1977 or earlier, Owner will provide tenants with all information Owner 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. Owner understands that the law requires the provision of this information to prospective tenants before the tenants become obligated to lease the Property.

e) Owner represents that the Property is not listed with any other broker.

f) For one hundred and eighty (180) days following expiration of this Agreement, any cooperating broker shall continue to be entitled to the compensation described in this Agreement should Owner transfer Property or any interest in the Property to any prospects procured regarding the Property prior to expiration.

g) Owner, upon entering into any contract to lease with a renter, agrees to notify Broker, within 48 hours, of the fact that Property is under contract, and will provide Broker the details needed to change the listing status to PENDING in the MLS. The failure to do so may result in a $250.00 fine to Broker, which will be charged to the Owner collectable immediately and/or through judicial action at the option of Broker. · Upon the execution of a lease for the Property, Owner agrees to provide Broker the details needed to change the listing status to RENTED in the MLS.

h) Owner may cancel the MLS Listing at any time with no penalty to the Owner. No refund will be issued upon cancellation. Owner may reinstate a cancelled listing within the duration of the term of this Agreement; however, Owner will pay Broker a reinstatement fee of $59. Owner may not terminate this Agreement while the Property is under contract. If this agreement expires while the property is under contract, Owner’s obligations under this Agreement continue through the execution of any lease.

i) Owner represents that the Property is not listed with any other broker.

j) 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 Owner enter a lease or sale of Property or any interest in the Property to any ready, willing and able prospects procured regarding the Property prior to expiration.

k) Owner is responsible for all aspects of the renting of property including but not limited to determining price and commission, advertising, making appointments, showing property, negotiating sales price, all legal activities, etc.

6. BROKER SHALL NOT BE AN ESCROWEE:

Owner shall not execute any contract that requires Broker to hold earnest money or a possession escrow.

7. COMPENSATION:

Owner 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.

Owner shall pay a cooperating commission, as described below, to a licensed Broker or Transaction Broker (“Co-Broker”) in the event the Co-Broker represents or introduces the property to a ready, willing and able renter and the renter enters into an Agreement with the Owner to lease the property.

Under this Agreement, Owner can rent Property directly to any tenant not procured or represented by a participating Realtor, in which case no cooperating commission is due.

8. AGENCY DISCLOSURE:

Unless Owner and Broker have entered into a separate representation agreement, Broker does not represent the Owner as either a Single Agent or as a Transactional Broker. Broker has “No Brokerage Relationship” with the Owner and does not represent the Owner. Owner has chosen to handle all Matters concerning Property as a “For Rent by Owner”, thus; relieves Broker & its 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.

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Print Listing Agreement

Listing Agreement Preview – TENNESSEE

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:

  1. a) Real Property Street Address as indicated below.
  2. b) Parcel ID (Found on your tax statement) as indicated below.
  3. 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).

4. COMPENSATION:

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 COMMUNICATIONS AND ELECTRONIC SIGNATURES:

Seller authorizes all Broker communications to Seller to be via e-mail. Seller authorizes Broker to use Seller’s e-mail address on file with Broker. Seller will provide another email address if experiencing email receipt problems. Seller is responsible for ensuring their email settings do not filter legitimate emails. If there is a second owner of record for this property, and this Contract is being electronically signed, the second owner will ratify the Contract via email.

Broker and Seller agree that an Electronic Signature of any document executed through Broker’s website ratification system, including but not limited to this Contract and addendums or amendments to this Contract, will be binding on both Broker and Seller and will be treated for all intents and purposes as if it was physically signed. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The terms used in this Listing Agreement, including but not limited to Electronic Signature, should be construed in accordance with the Uniform Electronic Transaction Act as adopted by the State of Pennsylvania. Seller hereby consents to the use of third party electronic signature capture service providers as chosen by Broker. Forms not executed.

6. CONFLICT OF INTEREST: Broker will promptly notify Seller if there is a conflict of interest.

7. PUBLICATION OF SALE PRICE: Seller is aware that newspapers may publish the final sale price after settlement. Broker has permission to advertise the sales price.

8. SELLER’S DUTIES: Seller agrees to cooperate with Broker in the marketing and sale of the property, including but not limited to: If the Property is sold during the period set forth herein, the Seller agrees to execute and deliver a GENERAL WARRANTY DEED conveying fee simple marketable title to the Property, including legal access to a public right of way, free of all encumbrances except ad valorem taxes for the current year, utility easements, rights-of-way, and unviolated restrictive covenants, if any, and those encumbrances that the Buyer agrees to assume in the sales contract. Seller represents that the Seller has the right to convey the property, and that there are currently no circumstances that would prohibit the Seller from conveying fee simple marketable title as set forth in the preceding sentence. Upon a request of a prospective purchaser of the property, Seller shall assist such prospective purchaser in contacting Broker by furnishing Broker’s name, email address, and telephone number.

9. BROKER’S DUTIES: In connection with the marketing and sale of the property, Seller authorizes and directs Broker to list the Property in the Multiple Listing Service (MLS) specified on Seller’s order receipt. To permit other firms who belong to any listing service of which the Broker is a member to advertise the Property on the Internet in accordance with the listing service rules and regulations. Seller authorizes Broker, upon execution of a sales contract for the Property, to notify the listing service of the pending, sale details, and upon closing of the sale, to disseminate sales information, including sales price, to the listing service, appraisers, and real estate brokers.

BROKER SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY PARTY OR PROSPECTIVE PARTY TO THIS AGREEMENT.

By this Contract Broker shall owe to Seller those duties set forth in T. C.A. §62-13-403 which generally are as follows:

  1. To diligently exercise reasonable skill and care in providing services to all parties of the transaction recognizing, however, that Broker is Seller’s agent;
  2. To disclose to each party to the transaction any adverse facts of which Broker has actual notice or knowledge;
  3. To maintain for each party to the transaction the confidentiality of any information obtained unless otherwise permitted to be disclosed by such respective party or as otherwise permitted by applicable law;
  4. To provide its services honestly and in good faith;
  5. To disclose to each party to the transaction timely and accurate information regarding market conditions that might affect the transaction only when the information is available through public records and when the information is requested by a party;
  6. To timely account for trust fund deposits received by Broker and all other property received from any party to the transaction; and
  7. Not to engage in self dealing nor to recommend to a party to the transaction the use of services of another person in which Broker has an interest or from whom Broker may receive a referral fee or other compensation except as is properly disclosed and is in compliance with applicable law.

10. SELLER WILL REVEAL MATERIAL DEFECTS OR ENVIRONMENTAL HAZARDS:

A Seller Agent would owe to Seller the additional statutory duties outlined in the Agency Disclosure form attached. However, Broker is acting as a Transaction Broker, and not as a Seller Agent, therefore these additional outlines duties are not required of Broker, and are waived by Seller as follows, with the modifications in italics.

  1. Waived – To obey all lawful instructions of Seller when the instructions are within the scope of this Agreement;
  2. Waived – To be loyal to the interests of Seller. A licensee must place the interests of the client before all others in negotiation of a transaction and in other activities. Broker is a neutral party.
  3. Partially Waived – To assist Seller by receiving offers and counter offers and forwarding such offers and counter offers to Seller; Broker will receive any communications and forward them to Seller only by email. Broker has no responsibility to negotiate or otherwise assist seller with the contract.
  4. Partially Waived – To answer any questions that Seller may have in negotiation of a successful agreement to sell the Property within the scope of Broker’s expertise; Broker will only answer questions by email in question and answer format
  5. Waived – To advise Seller as to the forms, procedures, and steps needed after execution of the agreement to sell the property with a view toward achieving a successful closing. Broker does not have access to all of the required sales contract and closing related forms and disclosures. Broker will answer questions by email in question and answer format, or refer Seller to where unknown answers or forms may be found.
  6. Waived – Broker scheduling showings. Broker shall have no responsibility for scheduling property showings on behalf of Seller, unless the Showing Service option was ordered by Seller.

Consumer may not expect or seek assistance from any other licensees in the transaction for the performance of any of the aforementioned duties of this paragraph.

11. SELLER WILL REVEAL MATERIAL DEFECTS OR ENVIRONMENTAL HAZARDS:

Seller will reveal material defects or environmental hazards to buyers on the Residential Property Condition Disclosure, including Lead Based paint if property built before 1978. This requirement also includes Sellers who are exempt from the Real Estate Seller Disclosure Law. A material defect is a problem or condition that: Is a possible danger to those living on the Property, or Has a significant, adverse effect on the use or value of the Property.

If the Seller is accused of failing to disclose known material defects and/or environmental hazards; Seller will not hold Broker responsible in any way; Seller will hold Broker harmless, from and indemnify Broker against, any claims, lawsuits, actions at law or equity, and other obligations and all costs and expenses, including costs of litigation, reasonable attorneys fees and reasonable costs of investigation, that result or arise from Seller’s failure to disclose known material defects or environmental hazards of any kind. This includes attorney’s fees and court ordered payments or settlements (money Broker or Licensee pays to end a lawsuit or
claim).

The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer an EPA pamphlet entitled Protect Your Family From Lead in the Home. Seller assumes full responsibility for providing this pamphlet to buyers.

Seller will provide to Broker, in a timely manner, Residential Property Condition Disclosure Statement, and the Lead-Based Paint or Lead-Based Paint Hazard Addendum with respect to any residential dwelling built prior to 1978.

Seller will provide to prospective purchasers, in a timely manner, the property disclosures required by this section, as well as the Property Disclosure Addendum.

11. MEASUREMENTS: Measurements from the tax record shall supersede measurements by Seller for publication on the MLS, unless a waiver is granted at Broker’s sole discr

12. DEPOSIT MONEY: Seller is advised to have an attorney, title company, or the Buyer’s broker (provided that Seller has determined that such Buyer’s broker is duly licensed and maintains an escrow account) hold the escrow monies, subject to all applicable Tennessee laws, regulations, and customary procedures. Listing Broker will not hold any escrow accounts or deposit monies.

13. REPORTING TIMELINESS AND ACCURACY: Seller accepts full responsibility and liability for the accuracy and timeliness of data submitted to Broker. Seller will notify Broker within 24 hours of any changes or corrections. Seller understands that in many cases corrections are required, and Seller will allow Broker the necessary reasonable time to make MLS corrections after Seller notification. Seller allows listing data in violation of MLS rules to be changed at Broker’s discretion. Seller will notify Broker in writing if they do not receive the email with the MLS proof on the day of listing activation, and will hold Broker harmless from, and indemnify Broker against, any demands, claims, liabilities, actions at law or equity, together with all costs and expenses including costs of litigation, reasonable attorneys fees, and reasonable costs of investigation arising from infringement or other problems in the MLS proof or Realtor.com not discovered until a later date. The listing normally takes a few hours to a few days to appear on Realtor.com. Seller assumes the responsibility for checking Realtor.com for listing display. Seller allows and understands that Realtor.com listing problems require a longer period of time to correct than MLS listing problems. Seller will reply within 24 hours to all inquiries regarding the listing. Broker may have to temporarily withdraw the listing when Seller does not reply within 48 hours, Broker may cancel the listing without refund when Seller does not report to Broker acceptance of a sales agreement within 24 hours. Broker will mark the listing as settled in the MLS after the settlement date given by Seller. If the settlement date changes and Seller does not notify Broker before Broker marks the listing as settled in the MLS, At settlement, Seller will e-mail a copy of the signed Closing Disclosure (CD) or the equivalent to Broker’s office. The Real Estate Settlement and Procedures Act (RESP A) requires all fees to be reported on the CD form at settlement. Seller is responsible for having the upfront Broker Fee recorded on the CD sheet as “Paid Outside of Closing, or ‘POC’ “,

14. BROKER NOT RESPONSIBLE FOR DAMAGES:

Seller acknowledges and understands that while the marketing services selected above will facilitate the showing and sale of the Property, there are risks associated with allowing access to and disseminating information about the Property that are not within the reasonable control of the Firm, including but not limited to: 1. unauthorized use of a lock/key box; 2. control of visitors during or after a showing or open house; 3. inappropriate use of information about the Property placed on the Internet or furnished to any listing service in which Firm participates.

Seller therefore agrees to indemnify and hold harmless Firm from any damages, costs, attorneys’ fees and other expenses as a result of any personal injury or property loss or property theft or damage to Seller or any other person not caused by Firm’s negligence arising directly or indirectly out of any such marketing services.

15. DOCUMENT PREPARATION: Broker will provide assistance with document preparation and negotiation communications to Seller. Seller agrees that this assistance will be at a cost to the seller. Please ask for the current rate for this service.

16. NO OTHER BROKER CONTRACTS: Seller will not list this property with another broker during this Contract’s term, unless Seller first cancels this Contract under the terms of Paragraph 19.

17. CANCELLATION: Except as set forth in items 2 and 3 of this section 19, Seller may cancel this contract at any time, under the following conditions. 1) Seller cancellation request must be in writing with all Sellers’ signatures. 2) Seller may not cancel this Contract when an offer has been presented and the Seller has not replied in writing to the party making the offer. 3) Seller may not cancel this Contract if the Property is under contract (Sales Agreement). Seller must first reject any offers and/or be released from a Sales Agreement before the listing is canceled. The intent of this Paragraph is to prevent claims from cooperating brokers for a due commission not being paid. If Seller requires Broker’s signature and/or letterhead confirming cancelation.

18. THIRD PARTY DISPUTES (SELLER’S DUTY TO DEFEND): In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and provide a full defense and aid to Broker with respect to any such claim or lawsuit (“Duty to Defend”). Seller’s duty to defend shall include contribution and reimbursement from Seller for all costs incurred by Broker as a result of such claim or lawsuit together with all costs of litigation including reasonable attorneys fees, reasonable costs of investigation, and all costs of collection including collection agency fees.

19. MLS COPYRIGHT: The MLS listing proof sent by Broker to Seller is copyrighted by the MLS. Seller agrees that this listing proof is solely for data accuracy purposes, and will not distribute the file in anyway to anyone. Seller will be responsible for any MLS fines resulting from distributing the MLS listing proof. If Seller desires a highlight sheet, Broker recommends that Seller use their Realtor.com listing for this purpose. Photos from previous listings are copyrighted by the former broker. Seller will submit original, non-copyrighted photos to Broker. Seller is responsible for any MLS fines and claims of infringement from using copyrighted photos.

20. PHOTOS: Seller will not supply or instruct Broker to load any photos that were previously uploaded to the MLS by another company, even if Seller owns the copyright to such photos, unless Seller has the written permission from the broker who previously published the photos in MLS. Seller agrees Broker is not responsible to check past listings for photo compliance. Any claims in this regard will be handled as a dispute according to the terms of Paragraph 20 of this Contract.

21. REPRESENTATIONS: Seller represents, warrants and agrees as follows: Seller understands that he must comply with all federal, state and local laws concerning fair housing. Seller acknowledges that federal, state and local laws prohibit discrimination in the sale or rental of property based on race, color, religion, sex, disability, familial status, national origin or any other factor protected by federal, state or local law.

  • All persons and/or entities authorized to sell the Property have signed this Agreement, and the undersigned signature(s) include all person(s) and or entities, or their duly authorized representatives, who have an ownership interest in the Property. If the individual signing this Agreement is acting in a representative capacity, such individual certifies that he is legally authorized to enter into this Agreement.
  • Seller has given Broker the information regarding the Property to appear on the MLS. Seller understands that the Property information will be included in the MLS. Such information is accurate and complete and does not omit or fail to disclose any material defects regarding the Property known to Seller. Broker will post listing changes according to MLS rules and use Broker discretion. The following changes will not be made: Posting of X rated photos and verbiage. Posting of conditional bonuses and listing prices. Posting of Temporarily Withdrawn status longer than 30 days. Posting that violates Fair Housing Laws.
  • Seller shall indemnify, defend and hold Broker harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses (including reasonable attorney’s fees) arising from any misrepresentation, nondisclosure, concealment nonperformance of any purchase/sale or rental agreement, or payment of any commission by Seller in connection with the sale or rental of the Property, including without limitation, the inaccuracy or incompleteness of any information provided by Seller for listing on the MLS, use of a lock box, existence of undisclosed material facts or court or arbitration decision that for a broker who was not compensated in connection with a transaction. Seller agrees and acknowledges that List With Freedom LLC. may place a lien against the property for any and all claims, fines, demands, suits, and/or damages.

22. OTHER TERMS:

The parties agree that, in the event of any failure, defect, or malfunction of the MLS listing, the only remedy available to Seller shall be a prorated refund for unperformed services from the fees paid by Seller. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this Agreement. The parties agree that Broker will not be liable for any lost profits or consequential damages of any nature caused to the business or property of Seller by any failure, defect, or malfunction of Seller’s listing or product purchased from Broker. If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. Seller acknowledges Broker maintains its physical place of business in the state of Florida.

23. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between Seller and Broker and there are no representations, inducements, or other provisions other than those expressed herein. All changes, additions, or deletions to this Agreement must be in writing and signed by both Seller and Broker.

 

 

AGENCY DISCLOSURE AS REQUIRED BY TENNESSEE LAW

Every real estate licensee is required to disclose his or her agency status in a real estate transaction to any buyer or seller who is not represented by an agent and with whom the licensee is working directly in the transaction. The purpose of this Agency Disclosure Form is to acknowledge that this disclosure occurred. Copies of this Agency Disclosure Form must be provided to any signatory thereof.

Notice is hereby given that the agency status of this Licensee (or Licensee’s Company) is as follows in this transaction:

The Company, List With Freedom in the real estate transaction involving Property is serving as a Transaction Broker or Facilitator (not an agent for either party).

This Disclosure Form was delivered in writing, as prescribed by law, to any unrepresented buyer prior to the preparation of any offer to purchase, or to any unrepresented seller prior to the execution of a listing agreement or to any unrepresented seller prior to presentation of an offer to purchase.

This Disclosure Form also serves as confirmation that the Licensee’s Agency or Transaction Broker status was communicated orally before any real estate services were provided.

This Disclosure Form by itself, however, does not constitute an agency contract or establish an agency relationship.

This Disclosure Form also serves as a statement acknowledging that the buyer or seller, as applicable, was informed that any complaints alleging a violation or violations of T.CA 62-13-312 must be filed within the applicable statute of limitations for such violation set out in T.C.A. 62-13-313(e) with the Tennessee Real Estate Commission, 500 James Robertson Parkway, Suite 180, Nashville, Tennessee 37232, Phones: (615) 741-2273 or (800) 342-4031.

 

EVERY TENNESSEE REAL ESTATE LICENSEE OWES THE FOLLOWING STATUTORY DUTIES TO EVERY PARTY IN A REAL ESTATE TRANSACTION:

  1. To diligently use professional skill and care in providing service.
  2. 2. To disclose any adverse facts (any significant property defects) of which Licensee has actual notice or
  3. To maintain the confidentiality of any information obtained from you (other than adverse facts which must be disclosed) prior to the Licensee’s disclosure of an agency relationship with someone in a tran This responsibility continues after any agency relationship and/or after the closing of the transaction.
  4. To provide services with honesty and good faith.
  5. To provide timely and accurate information by request on market conditions related to a transaction.
  6. To timely account for earnest money deposits and other property received from any party to the transaction.
  7. (A) To not engage in self-dealing, conflicts of interest, or representation of a family member or other individual, organization or business entity in which the Licensee has a personal interest without prior disclosure of such interest.

(8) To refrain from recommending, without proper disclosure, the use of another individual, organization or business entity in which the Licensee has an interest or from which the Licensee may receive a referral fee or other compensation.

THE LICENSEE OWES THREE ADDITIONAL STATUTORY DUTIES TO A CLIENT AS AN AGENT OR DESIGNATED AGENT IN A REAL ESTATE TRANSACTION:

  1. To obey all lawful instructions of the Client within the scope of the agency agreement between the Licensee and Client.
  2. To be loyal to the Clients interests by placing those interests before all others in negotiation of a real estate transaction and in other activities, except where such loyalty duty would violate the Licensee’s duties owed to all the parties in the tr
  3. The following duties must be provided to the Client:
  4. Scheduling all property showings on behalf of the client;
  5. Receiving all offers and counter offers and forwarding them promptly to the client;
  6. Answering any questions that the client may have in negotiation of a successful purchase agreement within the scope of the licensee’s expertise; and
  7. Advising the client as to whatever forms, procedures and steps are needed after execution of the

purchase agreement for a successful closing of the transaction.

If a Client waives, in writing, any or all of the above duties, the Client must be advised in writing by his/her Licensee that the Client may not expect or seek assistance from any other licensees in the transaction for the performance of these services.

 

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Print Listing Agreement for Lease

Listing Agreement Preview – RENTAL – TENNESSEE

LIMITED SERVICE LISTING AGREEMENT FOR LEASE

This Limited Service Listing Agreement for Lease (“Agreement”) is between the Owner (“Owner”) as entered below, and LISTWITHFREEDOM.COM, INC (“Broker”).

1. AUTHORITY TO LEASE PROPERTY:

Owner grants Broker the authority to list Owner’s real and personal property (collectively “Property”) described below, at the price, terms and Listing Period described in the Flat Fee MLS package purchased, for a term based upon which listing package was purchased and will begin when listing is placed in the MLS.

If the Property becomes vacant during the Leasing Period, Owner and Broker remain obligated to perform under this Agreement until the Listing Period expires. Owner certifies and represents that Owner is legally entitled to lease the Property.

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 entered below.

b) Parcel ID (Found on your tax statement) as entered below.

c) Occupancy as described below.

3. PRICE AND TERMS:

Property is offered for lease on the following or other terms acceptable to Owner: a) Price as listed below (Owner is solely responsible for determining the appropriate listing price).

4. BROKER OBLIGATIONS AND AUTHORITY:

a) Owner authorizes Broker to place the property in a multiple listing service (MLS), to offer compensation to cooperating brokers.

b) Owner authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting lease. Owner authorizes Broker, the MLS and/or Association of Realtors to use, license or sell the active listing and rent data.

c) The contact information provided in the MLS will be the Owner’s contact information so cooperating brokers can contact the Owner directly.

5. OWNER OBLIGATIONS:

a) Owner 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) Owner’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) Owner 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 tenants. Owner represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.).

c) Taxes: Leases for a term of 6 months or less are subject to state tax on transient rentals and to local tax on tourist development and impact. The party who receives the rent is responsible for timely collecting and remitting said taxes.

d) Owner will immediately inform Broker of any material facts that arise after signing this Agreement. If the Property was built in 1977 or earlier, Owner will provide tenants with all information Owner 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. Owner understands that the law requires the provision of this information to prospective tenants before the tenants become obligated to lease the Property.

e) Owner represents that the Property is not listed with any other broker.

f) For one hundred and eighty (180) days following expiration of this Agreement, any cooperating broker shall continue to be entitled to the compensation described in this Agreement should Owner transfer Property or any interest in the Property to any prospects procured regarding the Property prior to expiration.

g) Owner, upon entering into any contract to lease with a renter, agrees to notify Broker, within 48 hours, of the fact that Property is under contract, and will provide Broker the details needed to change the listing status to PENDING in the MLS. The failure to do so may result in a $250.00 fine to Broker, which will be charged to the Owner collectable immediately and/or through judicial action at the option of Broker. · Upon the execution of a lease for the Property, Owner agrees to provide Broker the details needed to change the listing status to RENTED in the MLS.

h) Owner may cancel the MLS Listing at any time with no penalty to the Owner. No refund will be issued upon cancellation. Owner may reinstate a cancelled listing within the duration of the term of this Agreement; however, Owner will pay Broker a reinstatement fee of $59. Owner may not terminate this Agreement while the Property is under contract. If this agreement expires while the property is under contract, Owner’s obligations under this Agreement continue through the execution of any lease.

i) Owner represents that the Property is not listed with any other broker.

j) 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 Owner enter a lease or sale of Property or any interest in the Property to any ready, willing and able prospects procured regarding the Property prior to expiration.

k) Owner is responsible for all aspects of the renting of property including but not limited to determining price and commission, advertising, making appointments, showing property, negotiating sales price, all legal activities, etc.

6. BROKER SHALL NOT BE AN ESCROWEE:

Owner shall not execute any contract that requires Broker to hold earnest money or a possession escrow.

7. COMPENSATION:

Owner 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.

Owner shall pay a cooperating commission, as described below, to a licensed Broker or Transaction Broker (“Co-Broker”) in the event the Co-Broker represents or introduces the property to a ready, willing and able renter and the renter enters into an Agreement with the Owner to lease the property.

Under this Agreement, Owner can rent Property directly to any tenant not procured or represented by a participating Realtor, in which case no cooperating commission is due.

8. AGENCY DISCLOSURE:

Unless Owner and Broker have entered into a separate representation agreement, Broker does not represent the Owner as either a Single Agent or as a Transactional Broker. Broker has “No Brokerage Relationship” with the Owner and does not represent the Owner. Owner has chosen to handle all Matters concerning Property as a “For Rent by Owner”, thus; relieves Broker & its 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.

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