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FLAT FEE MLS LISTING AGREEMENT
CHARLOTTE, NC
Property Address: _______________________________________________________
Price: $ _________________________
Date: ___________________________
1.
This is an Open Listing/Flat Fee Agreement (“Agreement”) entered into on this
_______ day of ____________________, ______, between Seller’s Resource Group,
(“Broker”), and the Seller, _______________________________________________,
for the real Property owned by the Seller described as follows: (Address)
________________________________________________________________________
Also known as: (Legal Description) __________________________________________
________________________________________________________________________
County of: ______________________________
State of North Carolina
2. BROKERAGE FEE. The Seller is a “For Sale By Owner” who desires to have
Broker list his/her real property into the Charlotte MLS, and is willing to pay a
commission to any Brokerage, including Broker, that brings an offer that is accepted
by the Seller, but does not want to be represented by any real estate company,
including Broker. In return for listing the Seller’s information on said MLS, the Seller
has paid a Seller’s Resource Group a fixed fee of $249. Seller does not need to pay
any additional fees to Broker. In the event payment is declined, disputed, or refused,
Broker may remove the listing from MLS. Once the Property is listed in MLS, this fee
is nonrefundable. During the term of this contract, if any Agency/Brokerage,
including Broker, finds a buyer who is ready, able, and willing to buy, lease, or
exchange said property or any part thereof, at said price and terms, or any other
price or terms to which the Seller may agree in writing, the Seller hereby agrees to
pay that Brokerage, irrespective of agency relationship(s), a sales commission of
____ % of such sale, lease, or exchange price which commission, unless otherwise
agreed shall be earned at the time the Purchase and Sale Contract is signed by
Buyer and Seller and to in writing, shall be due and payable on the date of closing
the sale, lease, or exchange. It is expressly understood that the Seller reserves the
right to sell, lease, or exchange the Property to any purchaser who the Seller finds
and procures on his/her own, without obligation for a commission to Broker or any
Brokerage. The Seller agrees to notify Broker in writing within 24 hours of the
acceptance of any offer or sale, lease, or exchange including identity of all parties,
price, and terms.
______________ Initial: Seller agrees to pay a penalty of $50.00 per day to Seller’s
Resource Group if Broker is not notified, in writing or email, of the acceptance of
any offer or lease, as well as the closing of the above mentioned property. Said
notification must be within 24 hours of the occurrence.
______________ Initial: If Seller does not use Brokers showing service Seller agrees
to return all calls from Realtors, who desire to show sellers home, within 24 hours. If
seller does not return calls within said time frame Broker may remove the listing
from MLS. The fee to reinstate the MLS listing is $100.00.
3. SELLER WARRANTIES/DISCLOSURES. The Seller warrants that the individuals or
entity listed above as the “Seller” represents all of the record owners of the
Property. The Seller warrants that he/she has marketable title and an established
right to sell, lease, or exchange the Property. The Seller agrees to execute the
necessary documents of conveyance. The Seller agrees to furnish buyer with good
and marketable title, and to pay at Settlement, for a standard coverage owner’s
policy of title insurance for the buyer in the amount of the purchase price. The
Seller agrees to fully inform the Broker working with the Buyer regarding the Seller’s
knowledge of the condition of the Property. The Seller agrees to personally
complete and sign a Seller’s Property Condition Disclosure form and Lead Based
Paint Disclosure if required.
4. AGENCY RELATIONSHIPS. It is expressly understood by the Seller that Broker
does not represent the Seller in any way whatsoever and that this agreement does
not form any agency or transaction broker relationship between the Seller and
Broker. The payment of the above fixed fee by the Seller to Broker does not make
Broker either agent, subagent or transaction broker of the Seller.
5. LIMITED SERVICE PROVIDED. Broker may, but is in no way obligated to, make
any effort to find a buyer or tenant for the Property. Broker’s only obligation under
this agreement is to list information about the Property, supplied by the Seller, in the
Charlotte Multiple Listing Service (MLS) identified above. The MLS will routinely
cause a photo of Seller's property to be taken and included in that listing and
distribute the listing to various web sites like Realtor.com. The Seller will provide a
completed MLS LISTING SUBMISSION FORM and will be responsible for the
accuracy of the data, including the descriptions of the Property. Broker will in no
way be liable for the accuracy of this data. The only service that Broker will perform
for the Seller is that of placing this data on the designated MLS.
______________ Initial: Seller agrees to provide written substantiation for the
square footage of the property by submitting either an appraisal by a certified
appraiser or a building plan certified by an architect and agrees to indemnify Broker
from any and all damages or claims arising out of inaccuracy in reporting square
footage for the property.
Seller is free to use Seller's own yard sign displaying Seller's phone number and
work with the calls from the sign in order to avoid the sales commission as to a
buyer generated by the yard sign.
6. PROFESSIONAL ADVICE. Broker is trained in the marketing of real estate. Broker
is not trained to provide the Seller or any prospective buyer with legal or tax advice,
or with technical advice regarding the physical condition of the Property. If the
Seller desires advice regarding: (i) legal or tax matters; (ii) the physical condition of
the Property; (iii) this Commission Agreement; or (iv) any transaction for the
acquisition of the Property, Broker STRONGLY RECOMMEND THAT THE SELLER
OBTAIN SUCH INDEPENDENT ADVICE.
7. CONVERSION OPTION. If during the period of this contract, the Seller elects to
replace this agreement with Broker’s standard full service Exclusive Right to Sell
Listing Agreement (ERSLA), Broker hereby agrees to credit the Seller in the amount
listed in section 2 from Broker’s commission upon the successful closing of said
real property. Broker is obligated to credit this amount, if and only if, the ERSLA is
signed and is valid at the time the property is sold and closed.
8. DISPUTE RESOLUTION. The parties agree that any dispute, arising prior to or
after a closing related to this Agreement, shall first be submitted to mediation
through a mediation provider the parties agree to each appoint a mediation provider
and the two appointed shall pick a third mediation provider whom the parties agree
shall mediate the dispute. Each party agrees to bear its own cost of mediation. If
mediation fails, the other procedures and remedies available under this Agreement
shall apply.
9. ATTORNEY FEES. Except as provided in Section 7, in any action or proceeding
arising out of this Agreement involving the Seller and/or Broker, the prevailing party
shall be entitled to reasonable attorney fees and costs.
10. SELLER AUTHORIZATION. Broker is authorized to disclose after closing the final
terms and sales price of the Property to the designated Multiple Listing Service.
11. EQUAL HOUSING. 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 to the agreement.
Seller and Broker agree to comply with Federal, State, and local fair housing laws.
Seller assumes complete responsibility if Seller does not comply with Federal, State,
and local fair housing laws.
12. FAXES. Facsimile (fax) transmission of a signed copy of this Agreement, and
retransmission of a signed fax, shall be the same as delivery of an original. If this
transaction involved multiple owners the Agreement may be executed in
counterparts.
13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties relating to the subject matter of this Agreement. This Agreement may
not be modified or amended except in writing signed by the parties hereto.
15. TERM OF CONTRACT. This contract commences on the ________ day of
__________, _______ and expires 364 days after commencement. Seller may
terminate this limited service agreement at any time upon at least 2 days prior
written notice to Broker. Seller agrees and understands that if there is a contract
pending for the sale of the property to a buyer who was brought to the property by
any real estate agent who is entitled to a sales commission under section 2 above
that termination of this Agreement does not relieve Seller of the obligation to pay the
earned commission. Seller shall pay that commission at closing.
THE UNDERSIGNED do hereby agree to the terms of this Agreement as of the date first
above written.
Accepted by Seller(s):
Accepted by Broker(s):
X
X
X
Date:
X
Date:
Seller Contact Information:
Name
Address
City, State, Zip
Cell
Fax
E-mail
Broker Contact Information:
Seller’s Resource Group
273 Wildbriar Road
Fletcher, NC 28732
828-687-1550
1-866-468-1686
AshevilleRealtor@Earthlink.net
NC License: 249805