LIMITED LISTING MARKETING AGREEMENT
This agreement is made effective this day of , 2004, in the county of Clear Creek, state of Colorado, by and between the under Broker (BROKER); and ________________ _______________________________________, owner of the property described below (OWNER).
Background and Purposes; Representations and Warranties: The parties represent and warrant:
A. BROKER is currently a licensed real estate broker in the state of Colorado, and places MLS listings for owners of properties in Colorado, without representation or brokerage. BROKER otherwise disclaims any other representation and disclaims all warranties whatsoever, express or implied, including without limitation any and all warranties and representations as to any subject purported seller and/or property;
B. OWNER is the legal owner of the property located at __________________________________ _________________________________________________________________________________ and requests that said property be placed on the _________________________________________, a multiple listing service or services (MLS). If the above named party is not the legal owner, please check this box o and attach an addendum specifically stating ownership of the property and the relationship thereof.
For other valuable considerations the receipt and adequacy of which is confessed by the parties, and in consideration of the mutual promises contained herein, the parties agree as follows:
For the nine (9) month period of time beginning on _________________________, 20___, and ending at midnight on _______________________________, 20___, OWNER hereby grants to BROKER, the right to list on the (MLS) the real property known as (PROPERTY):
Lot_____Block___________Section___________Subdivision___________________________
Address______________________________________________________________________
City_______________________________________State of _____________Zip____________
Said property is hereby listed to sell for the gross sales price of ________________________________ Dollars, ($__________________________). NO REAL ESTATE SALES COMMISSION shall be due BROKER for the purposes of this agreement, as this agreement is for the right to list OWNER’S property on the above named MLS(s) ONLY.
The OWNER:
1. understands and agrees that he/she/they will be responsible for paying a commission to the selling broker (whether the selling broker is BROKER or another duly licensed broker in the state of Colorado) when a Buyer is secured who is ready, willing and able to purchase the herein described property at the price aforesaid or at any price and terms acceptable to the OWNER. Commission to be paid at closing of sale by OWNER, but not through BROKER.
2. will provide this signed agreement, a completed listing input form and an upfront listing fee paid to For Sale By Owner USA in the amount of $449.00. The information on the listing input form is deemed to be valid and correct, according to the OWNER. Incorrect information or lack thereof is the responsibility of the OWNER, and OWNER will hold BROKER harmless of any issues arising from said incorrect or lack of information.
3. agrees to permit the offering for sale of the property to prospective buyers without regard to age, sex, race, creed, color, religion, national origin, handicap or familial status in accordance with the United States of America Fair Housing Laws.
4. understands and agrees that he/she/they will be responsible for acquiring all the necessary forms such as Lead-Based Paint Disclosure and other such disclosures for the process of selling PROPERTY. All deadlines are the responsibility of OWNER and OWNER agrees to be informed by either seeking legal counsel or investigating the process through various other means. OWNER also agrees that all offers on PROPERTY are to be sent to and processed through OWNER.
5. understands and agrees that BROKER will forward a copy of the completed listing to OWNER either by fax or e-mail. OWNER will be responsible for the accuracy of the listing; therefore will duly read and research the data entered into the listing by BROKER. If there are any changes to be made, OWNER will, in writing, e-mail or fax said changes to BROKER. Any attempt to make changes by voice mail or telephone will be ignored. NO EXCEPTIONS.
6. will inform BROKER in writing of the following instances by fax or e-mail: a. when a contract is received and accepted and b. when the property sells. The OWNER will also provide the following information no more than 24 hours after the closing date of said property: a. Date Sold b. Sales Price c. Selling Company d. Selling Agent e. Points Paid by Seller f. Points Paid by Buyer g. Sold Interest Rate h. Type of Sale: Conventional / FHA / VA / Assumption / Cash / Contract for Deed / Lease with Option / Owner Will Carry
7. understands and agrees that
before Owner seeks to charge-back any charges made to a credit card in
connection with this Agreement whether for BROKER’s commission, other fees or
otherwise, Owner shall as preconditions first notify BROKER by certified mail,
return receipt requested, of this desire and then discuss the same with BROKER
by calling BROKER's agent at 773-248-4905. If such preconditions are met,
a chargeback is attempted and BROKER obtains initial re-crediting of the
chargeback, Owner’s credit card shall be charged $500 for each chargeback
which by his/her/their signature he/she/they hereby irrevocably authorize. If
such preconditions are not met and a chargeback is attempted, Owner’s credit
card will be charged $500 for each chargeback which by his/her/their signature
he/she/they hereby irrevocably authorize.
8. understands and agrees that in connection with any litigation or dispute arising out of this Agreement or the listing created hereby, BROKER shall recover all costs incurred including all attorneys' fees and costs by charge to Owners’ credit card which by their signature they hereby authorize
BROKER:
1. will place MLS listing for a standard period of nine (9) months, but will extend this period for another 30 days upon request.
2. will provide availability of this listing as is standard to the website of Realtor.com. The listing available at the website of Realtor.com will show the BROKER as the contact. Due to the requirements of Realtor.com, there can be NO EXCEPTIONS to this stipulation.
3. will make any changes to the MLS listing as necessary and requested by OWNER in writing by fax or e-mail within a timely manner.
4. will forward any phone calls or inquiries regarding this property from licensed real estate brokers to OWNER.
5. will NOT set showings, hold open houses, accept offers, negotiate price, handle contracts or be present at closing on OWNER’s behalf.
This instrument sets forth the entire agreement of the parties, and all prior negotiations, representation and understandings are merged into this instrument. Other than the obligations stated herein, no other obligations are implied by this agreement. No modification to this agreement shall be effective except in a subsequent writing subscribed to by the parties. OWNER agrees to defend and hold BROKER and its directors, officers, employees, agents and functionaries harmless from any and all claims, actions, damages, costs and liabilities whatsoever, including without limitation reasonable attorney fees, arising from any and all implementations of this agreement. The OWNER is NOT responsible for any commissions due the BROKER, unless the selling broker is the BROKER herein assigned. In any event, liability of BROKER shall not exceed fee actually paid to BROKER for limited listing marketing service herein described. No third-party benefit is intended by this agreement. This agreement shall remain in effect unless terminated by default or written notice by one party to the other. BROKER’s earned right to payment and enforcement provisions under the terms of this agreement shall survive termination. This agreement shall be construed under the laws of the state of Colorado and the county of Clear Creek, state of Colorado, and shall be the venue for any disputes under this agreement. The terms of this agreement shall remain confidential between the parties. Absent a written agreement to the contrary, rights under this agreement shall not be assignable by BROKER; otherwise this agreement shall be binding on the parties and their respective agents, representatives, heirs, successors and assigns.
All fees are considered to be in US Dollars paid by check or credit card and are final.
OWNER:
Print Name Signature
________________________________________Address
________________________________________ City, County, State, Zip
____________________/_____________________ Phone Numbers
__________________________________________ Email
Type of Credit Card (Personal VISA or Mastercard only): __________
Credit Card Number: _________________________
Expiration Date: _________________________
Address Where Credit Card Statements Received (including zip code):
________________________________
________________________________
Accepted:
Broker Signature