Sample

Sample

Sample

Sample

Sample

Sample

Sample

Sample



ALTRU Realty
Agreement to List and Maintain Real Properties


Altru® Concierge MLS Listing
Exclusive Right of Sale Listing Agreement

This is a sample listing agreement. Any commissions, bonuses, dates, etc that are shown will be changed based on data input by the seller during the sign-up process.

This Exclusive Right of Sale Listing Agreement ("Agreement") is between all persons or entities authorized to sell this property and/or have ownership interest ("SELLER") and ALTRU Realty ("BROKER").
1) Authority to Sell Property:
A) SELLER gives BROKER the EXCLUSIVE RIGHT TO SELL the real and personal property (collectively "Property") described below, at the price and terms described below, beginning the   27th   day of   July   ,   2017   , (or date of MLS Listing Entry) and terminating on the   27th   day of   July   ,   2018   , or when Property sells, or agreement is cancelled. SELLER may opt to extend this agreement at no charge for additional 12 month periods until property is sold. Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. SELLER and BROKER acknowledge that this Agreement does not guarantee a sale. 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. SELLER certifies and represents that he/she/it is legally entitled to convey the Property and all improvements.
B) SELLER can cancel this listing agreement and permanently withdraw listing from the MLS after the minimum listing period of 90 days has passed with no cancellation fee by giving the BROKER a 15 day notice by contacting the BROKER and requesting withdrawal form.
2) Description of Property:
A) Real Property Street Address:
B) Legal Description:
C) Personal property included:
D) Occupancy: Property   (is)   (is not)   currently occupied by a tenant. If occupied, the lease term expires
Additional Lease Information:
3) Price and Terms: The Property is offered for sale with the following terms, or with other terms acceptable to SELLER:
A) Price:     Price includes all fixtures, personal property defined above, and major appliances except:
B) Price includes all fixtures, personal Property defined above, and major appliances except:
C) Financing Terms:
4) BROKER Obligation and Authority: BROKER agrees to make diligent and continued efforts to sell the Property until a sales contract is obtained. SELLER authorizes BROKER to:
A) Advertise the Property as BROKER deems advisable in publications, computer networks, including the Internet and other media, and allow appropriate transaction signs on the Property, including "For Sale" and "Pending/Contract Pending" signs (once SELLER signs a sales contract).
B) Place the Property in a Multiple Listing Service(s) (MLS). 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) If SELLER decides to use a lock box so that licensed real estate agents to access the property, SELLER acknowledges that a lock box does not ensure the Property's security; SELLER is advised to secure or remove valuables. SELLER agrees that the lock box is for the SELLER's benefit and releases BROKER, persons working through BROKER and BROKER's local Realtor® Board/Association from all liability and responsibility in connection with any loss that occurs.
D) Act as a Single Agent (see Single Agent Notice at end of agreement)
E) BROKER for ALTRU Realty will review a HUD settlement statement from Title Company prior to closing.
5) PRICING CHANGES: SELLER can make as many changes as necessary at no charge.
A) Obtain information relating to the present mortgage(s) on the Property.
6) SELLER Obligations: In consideration of BROKER's obligations, SELLER agrees to:
A) Cooperate with BROKER in carrying out the purpose of this Agreement, including informing BROKER prior to selling, leasing, mortgaging, or otherwise encumbering the Property.
B) SELLER further agrees to provide agents/brokers access to the Property or make the Property available for showing during reasonable times as indicated according to showing instructions set forth in Property listing form:
C) Make all legally required disclosures, including all facts that may materially affect the Property's value and are not readily observable or known by the buyer. SELLER represents and warrants that:
i) SELLER knows of no such material facts except those expressly set forth in the SELLER's Real Property Disclosure Statement
ii) There are no prior listings, sale or other agreements affecting the Property that have not been lawfully terminated
iii) Immediately inform BROKER of any material facts that arise after signing this Agreement
iv) SELLER certifies and represents that SELLER knows of no such material facts (local government building code violations, unobservable defects, etc.) other than the following:
D) SELLER agrees to pay compensation amount listed in Section: “COMPENSATION” to a buyer's agent who has shown the property to a specific buyer; And that buyer subsequently enters into a contract for sale and purchase with SELLER and successfully closes transaction. SELLER agrees that a buyer's agent who shows the property to a specific buyer thus establishes procuring cause. SELLER agrees that any attempt circumvent a buyer's agent commission by not including the compensation in the HUD closing statement that is owed to buyer's agent who has shown procuring cause, will be considered a breach of this agreement. Additionally, should closing agent fail to properly display on closing statement (Alta Closing Disclosure/HUD) and collect BROKER compensation amount listed in Section: "COMPENSATION" of this agreement, BROKER may take any of the following actions to collect payment;
i) file small claims or any claim (or suit) in any court for collection including repayment for courts costs and BROKER'S attorney fees;
ii) pursuant to Section 475.42.(1)(i) Fla. Statute, SELLER hereby grants BROKER and BROKER reserves the right to place a lien on any Property of SELLER where SELLER has an equitable interest, should BROKER determine that SELLER is attempting to circumvent paying the agreed upon compensation that is rightfully due to a buyer's agent or fails to pay BROKER compensation amount as listed in Section: "COMPENSATION" of this agreement.
For purposes of this paragraph, BROKER will be treated as a party to contract signed between Buyer and SELLER. Should BROKER incur costs or damages resulting directly from breach including board of Realtors arbitration findings regarding procuring cause and the payment of commission due, these BROKER liabilities are transferable to SELLER.
E) Consult appropriate professionals for legal, tax, zoning, permitting, square footage, property condition or size, environmental, foreign reporting requirements and other specialized advice (SELLER acknowledges that Listing Broker and its salespersons are not qualified or authorized to give such advice and, if given, SELLER shall not rely in any way on such advice); and
F) 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
i) any loss or theft relating to the use of a lock box or form SELLER's failure to remove or secure valuables,
ii) the existence of undisclosed material facts about the Property, or
iii) 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.
G) Perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code Section 1445).
H) 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.
I) Immediately inform BROKER of any material facts that arise after signing this Agreement.
J) If at any time BROKER (ALTRU Realty or it agents and employees) should become liable to SELLER or buyer by virtue of the Contract or the transactions contemplated by it, such BROKER liability shall be limited to a sum not to exceed the upfront MLS payment received or the commission received by such BROKER as a result of this contract or Transaction, whichever is greater; and this sum shall be complete and exclusive. BROKER shall pay all costs incurred in any enforcement action.
7) Third Party Vendors: As a courtesy, BROKER may provide SELLER with one or more names of service providers including but not limited to, inspectors, engineers, contractors, repairpersons, or attorneys that other consumers have used or of whom we are aware. The final choice of any service provider rests solely with SELLER and SELLER is free to choose any provider, whether the name appears on any list or not.

The providing of such names shall not in any way be construed to be a recommendation or endorsement of, nor is BROKER warrant the work of, any of the named providers. SELLER agrees to hold BROKER harmless from any and all claims or losses that in any way arise out of, or relate to, the selection or use of any such service provider.
8) Compensation: SELLER agrees to compensate BROKER as specified below for procuring a buyer who is ready, willing and able to purchase the property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to SELLER.
A) SELLER will compensate BROKER as follows: $499 up front and an at-close commission based on one of the following transaction types:
i) If BUYER is represented by licensed agent other than BROKER, then SELLER agrees to compensate the Buyer's Agent (also referred to "Selling Agent" in MLS) the agreed commission as so stated in the MLS   3% (chosen by seller during sign-up)   and compensate BROKER 1¼% at close ($3,000 min).
ii) If BUYER is not represented by a licensed agent other than BROKER, SELLER agrees to compensate BROKER 2.0% at close (minimum $3,000). In the event that an unrepresented buyer(s) wishes BROKER to make an offer to SELLER; SELLER then authorizes BROKER to transition from a Single Agent to a Transaction Broker. Consent to transition to Transaction Broker: Florida law allows real estate licensees who represent a BUYER or SELLER as a single agent to change from a single agent relationship to a Transaction Broker relationship in order for the licensee to assist both parties in a real estate transaction by providing a limited form of representation to both the BUYER and the SELLER. This change in relationship cannot occur without your prior written consent.
B) BROKER's fee is due in the following circumstances:
i) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether the buyer is secured by SELLER, BROKER, or any other person.
ii) During the last 15 days of a listing agreement, should an offer be submitted for possible acceptance or negotiations, SELLER agrees to extend listing agreement for an additional 30 days, allowing BROKER and SELLER ample time to address and negotiate offer.
iii) If, within 60 days after Termination Date (“Protection Period”), SELLER transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom SELLER, BROKER, or any real estate licensee communicated regarding the Property before Termination Date. However, no fee will be due BROKER if the Property is relisted after Termination Date and sold through another broker.
SELLER(s), please initial here: ; ; ; .
9) Cooperation and Compensation with Other Brokers and Deposits: BROKER agrees to cooperate with all other brokers and SELLER acknowledges the following:
A) A commission may be due at closing to another agent/broker as specified in sales contract for procuring a buyer who is ready, willing, and able to purchase the Property. If Property is sold by an agent/broker, SELLER agrees to pay   3% (chosen by seller during sign-up)   of the total purchase price and a bonus of   $0   .
B) In Florida, there are 3 types of “agency relationships” that agents may have with buyer or seller clients, as listed below. Regardless of which agency relationship an agent has with their buyer, ALTRU Realty will cooperate with any of these 3 agency relationships listed below and pay the offered co-broke commission of   3% (chosen by seller during sign-up)   . Only one commission would be paid to one agent on the buyer side.
i) Buyer's Agent: Agents that have an exclusive relationship with buyer owes obedience to buyer as one of the predominant conditions of employment.
ii) Transaction Broker: Agent that have conditions of employment that include honest and forthright dealing with buyer and seller, all parties should be treated equally.
iii) No-Brokerage Relationship: Agents that typically have less responsibility than the above Transaction Broker relationship to buyer and seller.
10) Miscellaneous:
This Agreement is binding on BROKER's and SELLER's heirs, personal representatives, administrators, and successors. Signatures, initials, and modifications communicated by facsimile will be considered as originals. The term BUYER as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential or actual transferees. The term BROKER includes Broker's sales associates and employees. Time is of the essence. Paragraphs 9, 10, 14, and 16 shall survive the termination or expiration of this Agreement.
11) Dispute Resolution: This agreement will be construed under Florida law. All controversies, claims, and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties. Arbitration: SELLER and BROKER agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs and expenses, including attorney's fees, and will equally split the arbitrators' fee and administrative fees of arbitration.
12) Governing Law, Venue, and Waiver of Jury Trial: This agreement will be construed under Florida law. In the event of litigation or arbitration involving BROKER in any way arising out of or relating to this Agreement, the Property, or relationship created hereunder, venue shall be exclusively in Pinellas County, Florida. BROKER and SELLER hereby knowingly and voluntarily waives any right to trial by jury in any litigation.
13) Severability:
In the event that one or more provisions in this Agreement are deemed invalid, the remaining provisions will remain in full force and affect.
14) Entire Agreement: This Agreement sets forth the entire agreement between SELLER and BROKER and may only be modified in writing signed by SELLER and BROKER. This Agreement may be executed in counterparts and via facsimile. If any provision herein is or becomes invalid or unenforceable, all remaining provisions shall remain fully effective.
15) Notices: Any notice, request, demand, consent, or other communication required to be given pursuant to this AGREEMENT shall be in writing to the address set forth below:

ALTRU Realty
2515 1st Ave N
St. Petersburg, FL 33713
16) SELLER Acceptance of Agreement:
All persons or entities authorized to sell this property and/or have ownership interest must sign this agreement and including those persons duly authorized to act as representatives for the SELLER and such persons having certified that they are legally authorized to enter into this agreement. If you do not fully understand this contract, consult an attorney before you sign it.
By signing below, SELLER understands and agrees to all of the terms and conditions of this Agreement and acknowledges receipt of a copy within 24 hours of acceptance by BROKER.
I am the * for property located at

Signature:   Date:
(Type Name)

I am the * for property located at

Signature:   Date:
(Type Name)

I am the * for property located at

Signature:   Date:
(Type Name)

I am the * for property located at

Signature:   Date:
(Type Name)
*  Describe your position (owner, partner, president, V.P., attorney, power of attorney, other)
17) Single Agent Notice
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
As a single agent, ALTRU Realty and its associates owe to you the following duties:
  1. Dealing honestly and fairly;
  2. Loyalty;
  3. Confidentiality;
  4. Obedience;
  5. Full disclosure;
  6. Accounting for all funds;
  7. Skill, care, and diligence in the transaction;
  8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
  9. Disclosing all known facts that materially affect the value of residential real property and are not readily observable.
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