LISTING CONTRACT
EXCLUSIVE RIGHT TO SELL

Date: 

In consideration of services to be performed by Sellers Realty, Inc. (Broker/Company, hereinafter referred to as "Broker") for ("Seller"), Seller appoints Broker as Seller's broker with irrevocable and exclusive right to sell, exchange, option, or lease the real property known as:
Street Address:
City:     State:     Zip Code:         County: 
Legal Description:
This contract is for from the date this contract is signed as accepted by the Principal/Managing Broker and expires at midnight of the last day of the contract. 

List Price: $      Possession:     

Terms of Sale: The Property may be sold for cash or any of the following methods indicated: 



Other: 

Seller agrees to pay costs associated with financing not to exceed
Property Offered for Sale:  The above list price includes the Property and all improvements and fixtures permanently installed and affixed thereto, except
Items of Personal Property included in the sale:

(A) EXCLUSIVE LISTING.  The parties understand and agree that this is an exclusive right to sell, option, exchange or lease listing, and Broker shall be entitled to the commission hereinafter established which shall be payable upon the occurrence of any of the following events: 

  1. at the time the Property is sold, optioned, exchanged or leased by any person, including the Seller, to any person during the term of this contract or any renewal or extension thereof,

  2. at the time Seller, Broker, or any other real estate licensee secures a buyer or lessee ready, willing and able to purchase, option, exchange or lease the Property for such price and terms as specified, or such other price or terms as Seller may accept

  3. at the time an agreement is entered into to sell, exchange, option or lease during the term of this contract or any renewal or extension thereof, and ultimately completed after the termination of this contract,

  4. the Property is sold, optioned, leased, or exchanged by Seller or any other person within 180 days after termination of this Listing Contract to any person procured in whole or in part by the efforts of Broker, any cooperating broker, or Seller, provided, however, this extension clause shall not apply if this Exclusive Listing Contract terminates and the Property is listed exclusively with another licensed broker, or

  5. at the time of default by Seller to any valid, fully executed, written agreement to sell, option, exchange, or lease the Property.

Any commission required to be paid under items (1), (3) and (4) above shall be due and payable at the closing of the transaction when title to or any interest in the Property is transferred to a buyer or lessee. Any commission required to be paid under items (2) and (5) above shall be due and payable upon demand by Broker. In the event that commission is not paid when due, then Broker shall be entitled to interest at the rate of 8 % per annum until commission is paid.

If the Seller and a Buyer sign a Purchase Agreement, Option to Purchase Real Estate, Lease or the closing of the sale of the Property will not take place until after the term of this contract, then this contract shall automatically be extended to coincide with the closing date or term of the lease.

(B) BROKER'S COMMISSION. The brokers commission charged by the listing Broker for services rendered, with respect to any listing, is solely a matter of negotiation between Broker and Seller and is not fixed, controlled, suggested recommended or maintained by the Indiana Association of REALTORS, Inc., the local Board/Association of REALTORS, the MLS (if applicable) or any person not a party to the contract.

Seller shall pay in cash to Broker for services a total commission as follows: (Check appropriate paragraph number/numbers)

 

  1. of the selling/ exchange price or option selling price.
  2. In the event that the Seller agrees to compensate a buyer broker directly, the listing Broker's commission shall be of the selling price or option selling price,
  3. In the event of a purchase option, the Seller agrees to compensate Broker $600.
  4. in the event of a lease, the Seller agrees to compensate Broker $600.
  5. Other:

(C) COMMISSION IS LIEN; ATTORNEY FEES. For purposes of this contract, the parties understand and agree that Broker's commission is deemed to be a share of the purchase money received by Seller, and Broker shall have a lien on the funds and a lien upon the Property until the commission is paid. If any action is filed in relation to this Listing Contract, the unsuccessful party shall pay to the successful party a reasonable sum for the successful party's attorney's fees and court costs.

(D) EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in an escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker to keep any earnest money deposits up to the amount the commission would have been if the sale was completed in payment for Brokers expenses, services and advertising.

(E) MLS INFO (IF APPLICABLE). It is understood that the Broker may rely on the validity of the data pertaining to this Listing Contract which has been provided by the Seller, and the Seller agrees that Broker may disclose the data to a Multiple Listing Service ("MLS") or other advertising media and that the Broker may furnish notice to a MLS or other provider of all changes of information concerning the Property.

(F) INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Seller's Residential Real Estate Sales Disclosure Form (if applicable) is true and correct, and that Seller is the owner of the Property or is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent's) agree to indemnify, actively defend and hold Broker and its agents harmless from any damages, loss, liability and expenses including attorney fees and costs, arising from incorrect information or failure to supply material information regarding the Property, including, but not limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in structure, location of property lines, public and private restrictions on the use of the Property, any loss or liability in conjunction with this agreement or with Broker or other licensees showing the Property including, but not limited to, injuries suffered by other licensees or prospective buyers.

(G) AGENCY DISCLOSURES.

1 .Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.

2. Agency Relationship. I.C. 25-34.1-10-9.5 provides that a Licensee has an agency relationship with, and is representing, the individual with whom the Licensee is working unless (1) there is a written agreement to the contrary; or (2) the Licensee is merely assisting the individual as a customer. Licensee (Broker) represents the interests of the Seller as Seller's agent to sell the Property. Licensee owes duties of trust, loyalty, confidentiality, accounting and disclosure to the Seller. However, Licensee must deal honestly with a buyer and disclose to the buyer information about the Property. All representations made by Licensee about the Property are made as the agent of the Seller.

Seller is advised that the Property may be sold with the assistance of other Licensees working as buyer agents and that Licensee's company policy is to cooperate with and compensate buyer agents. Buyer agents are Licensees who show the Property to prospective buyers, but who represent only the interests of the buyer. Buyer agents owe duties of trust, loyalty, confidentiality, accounting and disclosure to buyers. All representations made by buyer agents about the Property are not made as the agent of the Seller.

3. Limited Agency Authorization. Licensee or the principal or managing broker may represent Buyer as a buyer agent. If such a Buyer wishes to see the Property, Licensee has agency duties to both Seller and Buyer, and those duties may be different or even adverse. Seller knowingly consents to Licensee acting as a limited agent for such showings.

If limited agency arises, Licensee shall not disclose the following without the informed consent, in writing, of both Seller and Buyer:

  1. Any material or confidential information, except adverse material facts or risks actually known by Licensee concerning the physical condition of the Property and facts required by statute, rule, or regulation to be disclosed and that could not be discovered by a reasonable and timely inspection of the Property by the parties.
  2. That a Buyer will pay more than the offered purchase price for the Property.
  3. That Seller will accept less than the listed price for the Property.
  4. Other terms that would create a contractual advantage for one party over another party.
  5. What motivates a party to buy or sell the Property.

In a limited agency situation, the parties agree that there will be no imputation of knowledge or information between any party and the limited agent or among Licensees.

Seller acknowledges that Limited Agency Authorization has been read and understood. Seller understands that Seller does not have to consent to Licensee(s) acting as limited agent(s), but gives informed consent voluntarily to limited agency and waives any claims, damages, losses, expenses, including attorneys' fees and costs, against Licensee(s) arising from Licensee(s) role of limited agent(s).

(H) SELLER AUTHORIZATION AND COOPERATION. Seller agrees to provide Broker with the required information necessary for entry into a MLS or other advertising media, if applicable. Seller will cooperate with Broker by permitting the Property to be shown at reasonable times and authorizes Broker to place and remove "For Sale" and other signs on the Property.

  1. Seller authorizes Broker and cooperating brokers, buyer brokers, Broker's personal assistants, contractors, inspectors, appraisers and others reasonably necessary to market the Property to enter the Property.
  2. Seller will provide Broker with key(s) necessary to access the Property.
  3. Seller authorizes Broker to have duplicate keys made.
  4. Seller agrees not to rent or lease the Property during the term of this Listing Contract without written notification to Broker.
  5. Seller agrees that Broker may work with buyer brokers to assist in performing Brokers duties according to the terms of this Listing Contract.
  6. Seller authorizes Broker to disseminate all listing information as well as the price and terms of financing on a closed sale to members of the Indiana Association of  REALTORS, Inc., to other brokers upon request and to a MLS or other advertising media, if applicable, for publication.
  7. Seller authorizes its utility companies to divulge all utility information to Broker and to provide copies of utility statements, if requested. Seller's utility companies are as follows:
  8. Seller authorizes its lending institution to divulge all mortgage information to Broker and to provide copies of the note and mortgage, if requested. Seller's lending institution is and the mortgage loan number is
    If Seller's mortgage is subject to a pre-payment penalty, Seller agrees to give timely written notice to Sellers lender that the mortgage is to be pre-paid from the sale proceeds of the Property. It is acknowledged that Sellers failure to give this notice may result in a pre-payment penalty to be paid by Seller

(I) LOCKBOX/KEY AUTHORIZATION/USE. To facilitate access to the Property, a lockbox installation AUTHORIZED, subject to the following acknowledgments/conditions:

  1. Seller will provide keys.
  2. Seller will safeguard valuables.
  3. Seller acknowledges Broker is not an insurer of Seller's real estate and personal property and waives claims against Broker and Broker's authorized persons for loss and/or damage to any property pursuant to showing the Property. Seller further agrees to indemnify and hold harmless Broker and all authorized persons from claims by third parties from all loss and/or damage.
  4.  Seller instructs Broker to make reasonable efforts to notify Seller of showing requests. If Seller cannot be contacted to schedule a showing, Seller Broker to use the lockbox/key for access to the Property.
  5. Where a tenant/lessee occupies the Property, it is Seller's full responsibility to obtain tenant/lessee consent to allow the use of a lockbox/key.

(J) FAIR HOUSING. The parties acknowledge that the Fair Housing Act prohibits discrimination in housing because of race, color, national origin, religion, sex, familial status, and handicap.

(K) ADDITIONAL PROVISIONS.

  1. Seller understands the terms of this Listing Contract and has received a copy.
  2. The parties to this contract agree that it contains the entire agreement of the parties and cannot be changed except by their written consent.
  3. The parties to this contract agree that it is binding upon the parties' heirs, administrators, executors, successors and assigns.
  4. Seller acknowledges receipt of an estimate of selling expenses.
  5. Seller represents that Seller has the capacity to convey the property by a general Warranty Deed or by
  6. The parties to this contract agree that this contract may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that this contract may be transmitted between them by facsimile machine. The parties intend that faxed signature constitute original signatures and are binding on the parties. The original document shall be promptly executed and/or delivered, if requested.
  7. Broker may refer Seller to other professionals, service providers or product vendors, including lenders, loan brokers, title insurers, escrow companies, inspectors, pest control companies, contractors and home warranty companies. Broker does not guarantee the performance of any service provider. Seller is free to select providers other than those referred or recommended to Seller by Broker.
  8.  Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance, protection or repair of the Property nor for the protection or custody of any personal property located thereon, unless provided for in another written agreement.
  9. Where the word "Broker" appears, it shall mean "Licensee" as provided in I.C.25-34.1-10-6.8. 10.
  10. Seller discloses to Listing Broker that Seller is licensed and holds License #

(L) FURTHER CONDITIONS.

 

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SELLER'S SIGNATURE                    PRINTED                     DATE

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SOCIAL SECURITY#/FEDERAL I.D. #

 

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SELLER'S SIGNATURE                     PRINTED                     DATE

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SOCIAL SECURITY#/FEDERAL I.D. #

 

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SALESPERSON/AGENT                                

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BROKER OR COMPANY                        

                                                           

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ACCEPTED BY: PRINCIPAL/MANAGING BROKER