ZZ 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.