MLS LISTING FORM:
Instructions: Provide the following information about your property. Review the flat fee listing agreement and digital sign by typing your name. You will receive a printable copy.
FLAT FEE LISTING AGREEMENT: TO COMPLETE THE DIGITAL SIGNATURE YOU WILL NEED TO TYPE YOUR NAME AS RECORDED IN COUNTRY RECORDS FOR THE PROPERTY YOU ARE LISTING. AGREEMENT TIME STAMP WILL BE PACIFIC STANDARD TIME. YOU WILL BE PROVIDED WITH A PRINTABLE COPY OF THIS AGREEMENT FOR YOUR RECORDS. NOTICE: THE AMOUNT OR RATE OF REAL ESTATE COMMISSIONS IS NOT FIXED BY LAW. THEY ARE SET BY EACH BROKER INDIVIDUALLY AND MAY BE NEGOTIABLE BETWEEN SELLER AND BROKER. I/We the undersigned (Sellers) hereby grant to (Broker) HomeWorks Real Estate, from date accepted by Broker and expiring 365 days or 180 days thereafter, (depending on Service Option chosen), or until Withdrawn, or Cancelled which ever occurs first. The right to submit the property information to the (MLS) Multiple Listing Service and to comply with all the rules of that service, including reporting the terms of the sale to the Multiple Listing Service. The Broker’s Fee will be deemed fully earned and payment due once property listing is entered into the MLS. 1. Agency/Representation: This is a Limited Agency relationship for the sole purpose of entering property information into the MLS. Broker will not represent the Seller in any resulting transaction, sell the property, procure or attempt to find a buyer, negotiate the sale, review or present offers. 2. Commission: Seller(s) agrees to pay the stated "Buyer's Agent Commission" on a transaction with any party who is represented by, introduced to or shown the property by any buyer’s agent, or a transaction arranged during the listing period or any extension through any buyer's agent, or if the Buyer(s) chooses to work with or is legally obligated to a buyer’s agent. In the event Seller(s) finds the Buyer(s) who is not represented by a real estate licensee, then it is agreed that the payment of the "Buyer's Agent Commission" will not be due or payable. 3. Duties of Seller(s): Seller(s) agrees to keep Broker informed of any change in the sale status of the property and to report changes within 24 hours including: (a) acceptance of a "Contingent Offer", (b) property sold "Subject To Inspection", (c) property sold "Pending Closing", (d) property "Sold" and sale has closed or (e) "Failed Sale". Seller(s) to supply the (a) identity of all parties, (b) price, (c) terms of sale. Seller(s) agrees to pay all fines imposed by the MLS due to Seller(s) failure to report timely status changes to Broker. 4. Third Party Website: Seller(s) understands and agrees that the Property information including photos, address, and phone number may be displayed on some local, national and other real estate company’s websites. Seller(s) further understands that Broker has no control over the timing, quality, or content that will be displayed, or if some websites may exclude property entirely. 5. Review for Accuracy: Seller(s) agrees to review the listing for accuracy and Broker agrees to make corrections without cost to Seller(s). Broker will in no case be liable to Seller(s) for any errors or omissions in excess of the fee collected by Broker. 6. Changes: Changes to your listing may be requested in any of the following methods: 1. verbally accepted by Broker per phone (except for commission and price changes), 2. in writing, 3. electronic signature, 4. fax, 5. emailed to: firstname.lastname@example.org . (Broker may make changes to the listing in order to comply with the MLS rules and regulations or as may be amended or changed from time to time by the MLS). The listing is subject to the terms and conditions of the MLS. 7. Termination / Refund: Seller may terminate, cancel, or remove listing from the MLS at anytime without refund by giving 48 hour notice. If Seller’s phone or email becomes inactive, Broker may cancel listing without refund. In the event Broker does not substantially or materially provide the here-in stated services, Seller is entitled to a refund. 8. Photos: All photos are to be supplied by the Seller(s). The first photo to be the front of the property and may not contain any text. The number of photos that can be submitted is limited by the MLS. HomeWorks Real Estate Inc. will size, format and load one to fifteen photos depending on Package chosen. Additional photos, or changing of photos will incur a photo service fee of twenty five dollars. Photos may be emailed to email@example.com in jpg format and in normal landscape orientation. 9. Tax Advice: Broker is not allowed to give tax advice. Seller(s) is informed of the advisability to seek tax advice prior to signing any real estate document or agreement. 10. Real Estate Attorney: Home Works Real Estate, Inc. cannot help you prepare purchase and sale agreements or advise you concerning their legal effect. We advise you to seek legal advice from a real estate attorney before you sign any document in connection with the sale of real estate. By signing below, you acknowledge that Home Works Real Estate, Inc. has not given you any legal advice related to the sale of your Property and has advised you to seek independent legal advice from a licensed attorney. 11. Indemnification: Seller(s) irrevocably agrees to INDEMNIFY, RELEASE, AND HOLD HARMLESS HomeWorks Real Estate Inc., its owners, assigns, brokers, employees, agents, and sub-agents from any and all claims or demands or liability, to or from any entity or person in any way connected to the purchase, sale, or listing of the property subject of this Listing Agreement or any other person or entity making such claim, including but not limited to claims, demands, or liability for commission disputes, MLS fines, Seller(s) failure to fully disclose the condition, defects, and/or improvements of the property or the existence of any inspection reports, problems with the accuracy of MLS data, third party buyer disputes, errors and/or omissions of the Seller(s), Broker, or MLS, or any other active or passive negligence, and any other claims, suits, losses, injuries, illness, damages, liabilities, costs, attorney fees, and expenses. A judgment against the persons or entities indemnified herein shall be conclusive upon the person(s) or entity indemnifying. 12. Damages: Should any court, mediator, or tribunal of alternate dispute resolution (ADR) find Broker liable or negligent, Seller(s) hereby expressly agrees to limit all liability to an amount equal to Broker’s Flat Listing Fee which was actually paid by Seller(s) hereunder as liquidated damages with respect to any and all such liability. 13. Attorney Fees: In any action or proceeding arising out of this agreement, the prevailing party between Seller(s) and Broker shall be entitled to recover reasonable attorney fees and costs. 14. The Agreement: If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. 15. Keybox/Showing of Property: All listed improved residential properties must have a MLS Approved Keybox installed on the premises EXCEPT when the Seller(s) have excluded the requirement from the listing agreement. It will be deemed excluded unless you select the Approved Keybox and pay the additional fees. If you elect not to use the MLS Approved Keybox System, access to the property will be provided by the Seller(s). 16. “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. By typing your name, or providing credit card information, or submitting your property information you are providing your signature. Broker and Seller agree that an Electronic Signature of any document executed through Brokers website system including but not limited to this Listing Agreement and addendums or amendments to this Listing Agreement, will be binding on both Broker and Seller and will be treated for all intents and purposes as if it was physically signed. The date and time stamp for this agreement will be Pacific Standard Time.