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 90 days 180 days 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: Negotiable At Closing Other (specify)
Terms of Sale: The Property may be sold for cash or any of the following methods indicated:
Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable Conventional Insured Conventional Assumption of Existing Mortgage Balance Conditional Sales Contract FHA VA Not Applicable 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:
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,
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
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,
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
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)
(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:
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.
(I) LOCKBOX/KEY AUTHORIZATION/USE. To facilitate access to the Property, a lockbox installation IS IS NOT AUTHORIZED, subject to the following acknowledgments/conditions:
(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.
(L) FURTHER CONDITIONS.
_____________________________________________________ SELLER'S SIGNATURE PRINTED DATE
__________________________________________ SOCIAL SECURITY#/FEDERAL I.D. #
_____________________________________________ SALESPERSON/AGENT
____________________________________________ BROKER OR COMPANY
_____________________________________________ ACCEPTED BY: PRINCIPAL/MANAGING BROKER