Note to Seller:
This listing agreement is required by real estate law and MLS policy when listing on the MLS. We aim to keep language straight-forward, avoid legal jargon when possible, and respect your wishes to sell the property on your own. Please read carefully, complete all required fields, and click Submit at the bottom. While this version of the agreement is provided for convenience, you may also click "Print Form" at the bottom.
This agreement is made on the above date between the seller(s) indicated below ("Seller"), and Chosen Real Estate Group ("Broker), North Carolina firm license #.
The Broker in Charge of Sell Your Home Services LLC is Daniel J. Demers, North Carolina license #323947.
The listing period begins the day the property listing is activated in the MLS. Start Date and End Date should reflect the listing period.
Price of MLS Listing Service:
Seller has paid or agrees to pay the indicated Compensation to Broker or the originating referral company if applicable. (This is the one-time MLS listing fee). Seller agrees that this fee is non-refundable upon activation of the listing in the Multiple Listing Service.
Buyer Agent / Subagent Compensation: Seller acknowledges that MLS rules require an offer of cooperating commission to a real estate agent who procures a buyer, ready, willing, and able to purchase the subject property. If Seller procures the buyer, no commission is due. Should Seller choose to accept an offer from a buyer represented by a buyers agent, or a buyer assisted by an agent as a subagent of the seller, this commission would be due at the time of closing in accordance with North Carolina real estate law. (Please refer to the "Working with Real Estate Agents" brochure for further clarification on these terms).
Once advertised on the MLS, this offer of commission is not negotiable, though Seller retains their right to reject or counter any offer to purchase. In the event of a dispute over commission, Seller agrees to reimburse Broker for any commissions paid.
Please note that this offer must be a concrete percentage or dollar amount. Offers such as "negotiable," "other," or "0" are prohibited by MLS policy.
Seller agrees to offer the following as a percentage of the gross sale price, or as a dollar amount as indicated below:
Listing Service: Broker agrees to submit the Seller’s property listing to the MLS most appropriate for the property location at the Broker's discretion, or an acceptable alternative MLS if separately agreed upon between Broker and Seller. Broker agrees to opt in to available MLS syndication (see MLS Listing Syndication).
Broker’s further responsibilities include:
Updating listing information in a timely manner at the seller’s request
Displaying the Seller’s contact information on the listing where possible, encouraging buyers to contact the Seller directly.
Forwarding any property inquiries, showing requests, etc. directly to the Seller
While the Broker will assist in good faith with Seller questions, detailed real estate advice and pricing advice are not included in this service.
No Other Broker Contracts: Seller warrants that this property is not currently listed with another broker, and will not list this property with another broker during this Contract's term, unless Seller first cancels this contract (see Cancellation).
MLS Entry Only / Limited Service Listing: In the scope of real estate listings, this is considered a Limited Service Listing or MLS Entry Only service.
Seller will coordinate all aspects of the selling process outside of this MLS advertising service, including pricing the property, showing the property, receiving offers, negotiations, and general communication between parties. Seller is encouraged to hire an attorney to review paperwork, provide advice, and assist with the final sale.
Seller is advised to make arrangements for the holding of escrow monies (earnest money deposits from the buyer) with an attorney, or title company, subject to all NC laws and regulations.
Working with Real Estate Agents Brochure: NC requires that this informational brochure be distributed and reviewed with buyers and sellers. The Working with Real Estate Agents brochure addresses the various types of agency relationships, explains various services agents can provide, and helps to explain how agents are paid.
Seller represents that Seller has received a copy of the "Working with Real Estate Agents" brochure and has reviewed it with Broker.
Reporting Timeliness and Accuracy:
This entire form is important. However, the following section (reporting of status updates) is especially important to understand and remember. Please be sure to read and understand this thoroughly:
It is essential that the Seller informs the Broker of any change in listing status as soon as possible. MLS regulations require listing status updates to be made within 24 hours, and the Broker can be fined if changes are not made on time.
Seller agrees to fully reimburse Broker in the event that the Broker incurs a fine as a result of the Seller’s failure to communicate a change in listing status. These changes include temporarily withdrawing the listing (not accepting showings for a period of time), having an accepted offer, signing a Purchase and Sale Agreement, and the final closing/settlement.
Seller is advised that Broker charges a fee of $25 for status updates made more than 24 hours after the status change occurs.
Seller should use the following forms to make status updates:
Accepted Offer Status Change Form
Sold Property Status Change Form
Withdrawn Listing Status Change Form
Seller acknowledges that a number of required fields must be satisfied in MLS in order to complete a required status update. Therefore, Seller acknowledges that the update forms indicated above and available at chosenflatfeenc.com must be used to ensure that adequate information is provided. Seller agrees that simply emailing "The property Sold," verbal updating (such as a phone call), or similar does not adequately satisfy the reporting requirement.
We appreciate your timely communication in order to remain in compliance with MLS regulations.
Seller warrants that all property information provided is accurate to the best of their knowledge, and accepts full responsibility and liability for the accuracy of information provided.
Seller agrees that the Broker may update MLS listing data at their discretion, usually with regards to compliance, accuracy, fair housing guidelines, with respect to industry best practices, etc.
If Seller is unable to be reached for an extended period of time, the listing may be temporarily deactivated at the Broker's discretion to verify up to date listing status, accuracy, and remain in compliance.
Residential Square Footage Guidelines: Seller agrees to reimburse and defend Broker against any claims or liabilities arising as a result of inaccurate or disputed square footage.
All Listing Updates in Writing: We kindly request that any listing update requests be provided via the online forms at chosenflatfeenc.com or e-mail to ensure accuracy in writing. (Examples of updates may include price changes, corrections, notification of accepted offers, etc.).
In the interest of convenience, Seller(s) agree that communication through an online form or e-mail conveys permission to the Broker to update the listing as requested (as opposed to written signatures, commonly required for updates). In the case of multiple sellers, Sellers agree that communication from any one Seller conveys permission on behalf of all Sellers to update the listing.
No Broker Signatures for Closing: Being an online listing service, Broker has limited knowledge of the property for sale, the Seller, and other conditions of the sale. Accordingly, as a policy, Broker does not sign any documents associated with the closing, including but not limited to mortgage documents, FHA addendums, lead paint, seller disclosures, etc.
Seller will communicate upfront the Broker's limited involvement in the transaction to all parties such as buyer agents, attorneys, lenders, underwriters, etc. Broker reserves the right to refuse to sign any document. In the event that the Broker agrees to sign, a $100 fee will be assessed to Seller for the Broker's cautious review of the document and any added liability that may arise as a result of signing. As this scenario is avoided by upfront communication by the Seller to all parties, Broker is not responsible for any resulting delays or cancellations of the sale.
Real Estate Closing: Seller will provide a copy of the signed HUD-1 statement or equivalent to Broker on the day of settlement. Seller should indicate the upfront Broker fee on this form as “Paid Outside of Closing” or its equivalent.
Disclosing Defects / Hazards: Seller will communicate known material defects or environmental hazards to Broker and to potential buyers, including Lead Based paint if the property was built before 1978. 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 value of the Property
If a dispute should arise regarding material defects and/or environmental hazards:
Seller will not hold Broker or Licensee responsible in any way
Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result, including paying all of Broker's or Licensee's costs that result. 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 to buyers. (The pamphlet is available for free download at www.epa.gov).
Photos: Seller must provide at least one photo of the property to be displayed on the listing. Photos provided may not have previously appeared on the Multiple Listing Service under a different broker, unless the broker gives their permission in writing. Seller warrants that listing photos provided are their own, or that they have permission to use them, and accepts full responsibility and liability for the use of photos provided.
Cancellation: It is never our intention to "lock you in" to a contract. 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) If an offer to purchase has been presented, Seller must reply to the outstanding offer in writing before canceling. 3) Seller may not cancel this contract if the Property is under contract (Sales Agreement). Seller must first 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.
MLS Listing Syndication: The Multiple Listing Service syndicates listings to a variety of real estate search websites (Example: Realtor.com). Please note that syndication partnerships are subject to change and cannot be guaranteed. Broker has limited control over the layout of information on these websites, including formatting, which information is displayed from the full MLS listing, methods of routing leads, frequency of updating, etc. Seller agrees that the appearance (or lack of appearance) of the listing on a given partner site is not grounds for a refund.
Third Party Disputes: In the event an aggrieved party files an arbitration claim or lawsuit 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 aid Broker in defense of any such claim or lawsuit, including payment of all costs, legal fees, etc. incurred as a result. If Seller fails, for any reason, to fulfill its Duty to Defend, Broker is entitled to indemnity, contribution, and/or reimbursement from Seller for all costs incurred as a result of the claim or lawsuit, including attorney's fees as well as recovery of all costs of collection thereof, including but not limited to attorney's fees, collection agency fees, court costs, and expenses.
Seller agrees to fully indemnify Broker from any legal action, including but not limited to all tort actions (such as “slip and fall” accidents, theft, property damages, etc. caused by third parties) related to the showing of the Seller's property.
Equal Housing Opportunity: Seller acknowledges that this property is offered in compliance with federal, state, and local antidiscrimination laws.
Federal and state laws make it illegal for Seller, Broker, or anyone to use RACE, COLOR, RELIGION, or RELIGIOUS CREED, SEX, DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property.
The 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.
Seller also acknowledges that many jurisdictions have stricter laws that extend protection to political beliefs, income, sexual orientation, affectional orientation, and other factors. Seller agrees to investigate and comply with all laws regarding discrimination.
Electronic Signatures: For convenience purposes, Seller may choose to execute this agreement with an electronic signature. Broker and Seller agree that an Electronic Signature of any document executed through Broker's website ratification system 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. Seller hereby consents to the use of third party electronic signature capture service providers as chosen by Broker. Forms not executed through Broker's website ratification system may not be electronically signed, unless an exception is granted by Broker.
I the Seller warrant that I am the legal owner of the property or have the authority to execute this contract. I acknowledge that I have read and understand this agreement, and have received a copy. In the event the property is owned by more that one person, all sellers must sign this listing agreement.
Broker Signature ____________________________________________________