County in which property is located :
Property Address :
Type of Property :
Complex Name :
Does the property have Homestead Tax Exemption? :
Listing Asking Price ($) :
Commission offered to Buyer’s Agent :
Is this a short sale? :
Has the lender approved the Short Sale? :
Style of Property :
Unit Floor location:
Total No. of Floors in building :
# of Bedrooms :
# of Full Baths :
# of Half Baths :
Living Area size (sq ft) :
Total Area size (sq ft) :
Year Built :
Year Built Description :
Garage/Carport Attached :
Total Garage/Carport Spaces :
Parking Description (Select up to 3) :
Parking Restrictions (If Applicable, select up to 3) :
Parking Space number(s) :
Unit Design (Select up to 3 :
Governing body :
Waterfront Description (Select up to 4) :
Water Access? :
Water Access Description (Select up to 4) :
Front Exposure :
Property View(s) (Select up to 3) :
Security (Select up to 3) :
Construction Type (Select up to 4) :
Exterior Features (Select up to 3) :
Interior Features (Select up to 7) :
Window Treatments (If applicable, select up to 3) :
Floor Covering (Select up to 4) :
Room 1 Type :
Room 1 Dimensions :
Room 2 Type :
Room 2 Dimensions :
Room 3 Type :
Room 3 Dimensions :
Room 4 Type :
Room 4 Dimensions :
Room 5 Type :
Room 5 Dimensions :
Heating Description (Select up to 4) :
Cooling Description (Select up to 4) :
Property Description (Select up to 4) :
Driving Directions :
Occupancy Information :
Equipment/Appliances Included (Select up to 14) :
Bedroom Description (Select up to 4) :
Master Bath Description (Select up to 5) :
Additional Rooms (Select up to 6) :
Dining Description (If applicable, select up to 3) :
Balcony or Porch :
Is this a Community for Older Persons (55+ years)? :
Type of Association :
Association Fee ($) :
Association Fee Paid (period): :
Restrictions (Select up to 3) :
Approval Information (Select up to 3) :
Application fee ($) :
Minimum number of days allowed to rent :
Maximum times per year unit can be rented:
Membership Purchase Required? :
Membership Purchase Fee ($):
Maintenance Includes (If applicable, select up to 14) :
Amenties (Select up to 14)
Pets Allowed? :
Special Information (If applicable, Select up to 3):
Are any of the owners a Real Estate Agent:
Accept the terms of this Listing Agreement : Accepted
Seller(s): IP :
Like It Realty
Exclusive Listing Agreement
This agreement functions as one document when combined with the above Listing Agreement Form Submission.
1. AUTHORITY TO SELL PROPERTY
This is an Exclusive Agency Listing Agreement between (“Seller(s)”),
and Like It Realty (“Broker”) authorizing Broker to list and sell the Seller’s real and personal Property (collectively “Property”) described below, at the price and terms described below, beginning and terminates (“Termination Date”). Seller reserves the right to sell the listed Property directly to a buyer without the assistance of any real estate licensee and, if successful, does not owe Broker a commission. Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local law. Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements.
2. SELLING PRICE AND TERMS
The sales price of was solely determined by Seller.
3. BROKERAGE RELATIONSHIP
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, Like It Realty & its Associates owe to you the following duties:
- Dealing honestly and fairly;
- Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.
- Accounting for all funds entrusted to the licensee.
Broker shall input with the local MLS under this Exclusive Agency Listing Agreement, which means the Seller can only list said Property with one Broker. Seller agrees to review and verify the MLS listing in its entirety and notify Broker immediately of any revisions that need to be made.
4. SERVICES PROVIDED BY BROKER
a. Price Changes may not be done in a way that manipulates the MLS Hot Sheet Report. Broker will allow, up to three (3), price changes per calendar month in listing.Any other requests for changes to listing are limited to one (1) round of changes per 30 day period. Any additional changes will be billed at $25 each. Seller can make as many changes as necessary, at no charge (one time per 30 day period) when completing all change requests on the same listing change form.
b) A la carte pricing – Open house scheduling, showing scheduling, inspection scheduling, lockboxes, signs, CMAs, contract review & virtual tours are available at a la carte pricing – https://www.mrflatfee.com/listing-accessories/
c) IF YOU CHOOSE TO USE A LOCKBOX, A LOCKBOX DOES NOT ENSURE THE PROPERTY’S SECURITY. SELLER IS ADVISED TO SECURE OR REMOVE VALUABLES. SELLER AGREES THAT THE LOCK BOX IS FOR SELLER’S BENEFIT AND RELEASES BROKER, PERSONS WORKING THROUGH BROKER, AND BROKER’S LOCAL REALTOR BOARD / ASSOCIATION FROM ALL LIABILITY AND RESPONSIBILITY IN CONNECTION WITH ANY DAMAGE OR LOSS THAT OCCURS.
5. MULTIPLE LISTING SERVICE (MLS)
a. Placing the Property in a Multiple Listing Service (“MLS”) is beneficial to Seller because the Property will be exposed to a large number of potential buyers. As an MLS participant, Broker is obligated to timely deliver this listing to the MLS. This listing will be promptly published in the MLS unless Seller directs Broker otherwise in writing.
b. For the purpose of procuring a buyer, Seller authorizes Broker to publish listing in the MLS (and any other online real estate syndicated websites). Seller authorizes Broker to report to the MLS, Seller’s listing information, price, terms, and financing information on any resulting sale for use by authorized Board / Association members and MLS participants and subscribers unless Seller directs Broker otherwise in writing. Seller grants Like It Realty and the MLS the rights to reproduce and display seller provided name, photos and unbranded video associated with the Property, which is to be listed for marketing and advertising purposes. The MLS shall own the copyright to all videos and photos submitted. Seller will provide Broker with photos that the seller owns 100% and are not copyrighted. Any copyright infringement fines or lawsuit expense will be paid by the seller.
6. COMPENSATION TO COOPERATING BROKERS:
Seller will compensate Cooperating Broker (Buyer’s Agent), as determined by Seller, for procuring a buyer who is ready, willing, and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller.
a. SELL WITH A BROKER: Seller will pay Cooperating Broker the “Stated Percentage” (%) of the purchase price, to be paid as commission, as stated in the local MLS. This Stated Percentage (%) is delineated by Seller in the “Commission offered to Buyer’s Agent” field, located in the Listing Agreement Submission section above and is . While commission is determined by Seller, it may not be zero as MLS rules require compensation to Cooperating Brokers on listings in the MLS.
COOPERATION WITH AND COMPENSATION TO OTHER BROKERS: NOTICE TO SELLER: The buyer’s broker, even if compensated by Seller or Broker, may represent the interests of the buyer. Broker’s office policy is to cooperate with all other brokers except when not in Seller’s best interest and to offer compensation in the amount delineated in paragraph 6(a) above to single agents for the buyer, transaction brokers for the buyer and those who have no brokerage relationship with the buyer.
b. SELL WITHOUT A BROKER: Per this listing agreement, Seller can sell Property to a buyer who has not previously been represented by or shown Property by a Cooperating Broker throughout the course of this agreement. In this event, Seller shall owe no commission upon execution of sale agreement or the sale of the Property. However, prior to closing, Seller must provide Broker with written statement from Buyer that he or she is not being represented by a real estate agent. If Seller does not provide buyer’s statement, or if a purchase and sale contract is signed (or if any Property is conveyed to an alternative party) regarding Property where a Buyer’s Agent / REALTOR’s® name is displayed on the contract, Seller will allow Broker to notify Seller’s designated closing representative or attorney and give agent or attorney permission to disburse advertised commission, that appears in the local MLS listing for this Property, directly to Buyer’s Agent Procuring Realtor® when Property goes to closing.
c. SALE AFTER CONTRACT TERMINATION: If a contract, sale or transfer of legal or equitable interest occurs within 120 days following termination of this Agreement to a Buyer who was previously introduced or shown the Property by Like It Realty or Cooperating Broker, Seller shall remain obligated to pay commission as listed in this agreement to Cooperating Broker who procured buyer.
d. COMPENSATION FROM BUYER’S AGENT: A commission of $399 will be charged by Broker to Buyer’s Agent (not Seller), as listed in MLS. This commission will be paid at the closing table and will be deducted from the commission paid to Buyer’s Agent effectively reducing commission Seller offers Buyer’s Agent. If the listed Property is sold, by Seller, without the aid of a Buyer’s agent or Cooperating Broker then there will be no additional commission charged.
e. NEGOTIATION OF BUYER’S AGENT / REALTOR® COMMISSIONS: If Seller negotiates Cooperating Broker commission to a different amount than was advertising in the local MLS, Seller must provide a statement, via the “Modification of Commission Form” provided by Broker upon request, to Broker indicating new commission with Seller and Buyer’s Agent / Realtor® signatures. The omission of this executed statement can cause Broker to have legal action taken against him for the difference in commission due buyer’s Realtor® /Agent Brokerage. In this instance, if Broker has to legally defend himself, Seller is obligated to pay for extra commissions and/or Broker’s legal defense fees. Any mutual agreement between Buyer Broker and Seller to reduce commission is acceptable as long as it does not reduce Listing Broker’s additional commission of $399 (to be deducted from Buyer Broker compensation, NOT FROM SELLER), which is stated as the legal offer of compensation as advertised in the MLS, and only in the event of a sale. If mutually reduced commission results in Buyer Broker not paying the $399 additional commission to Listing Broker, Seller will be responsible for paying the $399 additional commission to Like It Realty.
f. COOPERATING BROKER’S COMMISSION IS DUE IN THE FOLLOWING CIRCUMSTANCES: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, with the assistance of any real estate licensee. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to cancel an executed sales contract. (3) If, within 120 days after Termination Date (“Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Broker or any other real estate licensee communicated regarding the Property before Termination Date. However, no additional commission will be due Broker if the Property is re-listed after Termination Date and sold through another broker.
g. If Seller is deemed to have avoided paying the agreed upon commission, in section 6(a) above, to cooperating broker, who procured your buyer, Broker is granted with the authority to collect cooperating broker commission from Seller. If Seller does not provide Broker with cooperating broker commission, Broker will seek legal counsel and may pursue litigation or whatever legal remedy is available. Seller will reimburse Broker for any legal costs incurred from breach of contract or from Broker attempting to collect cooperating broker’s funds legally due him/her. Should the Seller’s obligation to pay the cooperating broker result in the MLS or Board of Realtors damaging Broker, Seller will reimburse Broker for any and all costs and damages.
h. RETAINED DEPOSITS: As consideration for Broker’s services, Broker is entitled to receive 50% of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to exceed paragraph 6(a) commission.
7. SELLER OBLIGATIONS
a. Seller agrees to be the sole contact person for any and all cooperating Brokers who have a potential Buyer. This includes but is not limited to all showings and taking phone and email communication from potential buyers and buyer’s agents. An effort should be made by the Seller to make the Property available at reasonable and sensible times. Seller should also respond to inquiries in a reasonable time as well. If it is deemed, in Broker’s sole discretion, Seller is not responding to inquiries in a timely manner, or is otherwise not cooperating with Buyer’s agent(s), Broker reserves the right to temporarily remove and withdraw Seller’s listing from the MLS pending Seller’s declaration that he/she is willing to cooperate in the future. There will be no refund or proration of commissions for this withdrawal.
b. Seller must cooperate in providing accurate and updated information to be listed on the MLS to avoid fines and penalties imposed by MLS for violations to their rules and regulations. Failure to comply with below responsibilities within the time frame requested will constitute as a breach of this agreement and will result in a fine payable to Like It Realty in the amount of $300, which will be billed to your account or credit card on file.
c. Seller must notify Broker in writing within 24 hours of any change which may affect your current listing status of the listed Property, including, but not limited to, the following examples: entering into a sales contract, sale of Property, signing of a lease, termination of purchase and sale contract, mortgaging, change of advertised listing price, withdrawal, closed, sold, deviation of original Cooperating Broker commission, leasing, or otherwise encumbering the Property etc. Failure to inform Broker could result in listing being cancelled. If you just entered into a sales contract, the listing status is not cancelled or withdrawn, it is in a pending or pending (with backups requested) status. If you have a question we can help, please make all updates as soon as you know them through our website https://www.mrflatfee.com/update-listing/.
i. ALL UPDATES MUST BE MADE, IN WRITING, THROUGH THE WEBSITE AT www.mrflatfee.com/update-listing, so that we may update the MLS accordingly. All changes submitted will be recorded in MLS within one business day after receipt of update.
ii. The MLS is serious about the accuracy of its listings. FAILURE to Update your listing status change or provide a HUD-1 closing statement, at time of sale, may result in the MLS issuing our brokerage large fines!
iii. In the event Seller fails to provide Broker with Listing Status Change updates within 24 hours or fails to provide the final HUD-1 closing statement to broker, this inaction will be deemed a breach of this listing agreement and Broker has the right to charge Seller a penalty of $300 via invoice or credit card on file or an equal amount to any fine imposed by the MLS to Broker. Seller also agrees that this inaction is a breach of the listing agreement and all parts of this listing agreement are enforceable if any untrue or false information or reports are given to Broker by Seller.
d. Seller has the sole responsibility to assure that the real estate commission being offered in the MLS is identical to the real estate commission being offered to any Cooperating Broker in a sales contract. Any excess cost resulting from the deviation of any real estate commission being offered in the MLS and what is written in the sales contract, with a Cooperating Broker, will be borne by the Seller.
e. Seller must notify Broker in writing within 24 hours of executing a contract for the sale of the Property. Seller will provide Broker with copy of executed contract, addendums, disclosures and any other attachments as well as the complete contact name of Buyer, Cooperating Broker (if applicable) and closing agent or attorney that will handle the closing.
f. At least one day preceding closing, Seller gives permission to closing agent or attorney to provide a preliminary settlement statement or HUD-1 to Broker, which includes the commissions and fees payable per the listing agreement. If there is an inconsistency within the HUD statement and this listing agreement, Seller then agrees to direct closing agent or attorney to adjust and resubmit HUD statement to Broker.
g. To conclude your Listing with Like It Realty, Seller will notify Broker within 24 hours of the sale of the Property (closing or transfer) and give Seller’s closing agent or attorney permission to deliver a copy, fax or scan of the HUD-1 Settlement statement and seller’s new address, preceding any closing, to Broker.
h. Seller will notify Broker in writing, to notice address below, within 24 hours in the event of a cancellation of an executed contract or if the Seller wishes to withdraw the Property from the market. In the event you wish to cancel, we will provide you with an MLS withdrawal form.
i. Seller may not advertise a lower asking price for the Property than what is stated in the MLS.
j. The only Seller compensation given to Broker for services in this Agreement is $97.00 and the $399 additional commission deducted from cooperating broker’s commission at closing.
k. Seller must perform any act reasonably necessary to comply with FIRPTA Foreign Investment in Real Property Tax Act of 1980 (Section 1445 of the Internal Revenue Code).
l. Seller must complete all legally required disclosures, including all facts that materially affect the Property’s value and are not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local government building code violations, unobservable defects, etc.) or shall notify Broker prior to signing this Agreement.
m. Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
n. Seller accepts all responsibility for general and/or liability risks associated with showing a Property to potential buyers and Seller holds Like It Realty harmless of any liability arising from a Property showing.
o. Seller will consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements, and other specialized advice.
a. Seller releases Broker from any liability and responsibility relating to disclosure requirements. SELLER will indemnify, defend, and hold harmless Like It Realty for any violations of any ordinance, regulation, law or statute with regards to Seller’s obligation to disclose.
b. Seller must provide (required by Federal Law) buyers with a Lead Based Paint Disclosure Notice before entering into a contract if the Property is built prior to 1978. Broker will provide to SELLER, upon request, any disclosure forms necessary for the sale. It is recommended that SELLER obtain legal assistance for completing all disclosure forms. Failure to execute this disclosure on a Property that is built in 1978 or before will incur a penalty of $200 billed to your account or processed via your account on file.
– Broker has a library of these forms available for your use to provide buyer.
c. Broker not responsible for any damages. SELLER will indemnify, defend, and hold harmless Like It Realty, its agents, affiliates, heirs and employees from any losses, damages, costs, attorney fees and/or expenses whatsoever related to any claims made against Broker in connection with the Property. In the event that an action and/or claim arises between SELLER, Broker, Buyer, Cooperating Broker, and/or any other third parties regarding any acts or omissions, negligence and/or all other liability, SELLER agrees to Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature, including attorney’s fees, and from liability to any person, that Broker suffers because of (1) Seller’s negligence, carelessness, representations, falsifications, actions, indecision or inactions; (2) the use of a lock box; or (3) the presence of unrevealed or undisclosed or withheld material facts regarding the listed Property. This clause will survive Broker’s performance and the transfer of title.
d. Seller to pay any and all fees, fines or commissions involving a court, mediation, arbitration, or similar authority (such as an MLS Board) decision, where a broker has been deemed not compensated properly for their role in a transaction and is entitled to agreed upon commission from Seller.
e. Seller is responsible for all MLS/legal/attorney fees and/or fines arising from litigation incurred from issues described above.
f. Broker not responsible for holding deposit or escrow monies on Seller or Buyer’s behalf.
g. Broker is not responsible to find a buyer who is willing and ready to purchase Seller’s Property. The only service provided by Broker are those listed herein.
9. TERMS OF AGREEMENT & CANCELLATION POLICY
ALL FEES & COMMISSIONS ASSOCIATED WITH THIS LISTING AGREEMENT ARE NONREFUNDABLE ONCE PROPERTY IS LISTED IN THE MLS. If Seller has an executed contract that is pending closing, Seller may not cancel agreement. All Property listings are subject to the rules and regulations of the MLS and will be entered upon completion and payment of this Listing Agreement. In the event that the Listing Agreement is due to expire while the Property is under contract and pending closing, the agreement can be extended for a term of 30 days for a fee of $25 and will assume all terms and conditions of original signed agreement.
Seller has the right to terminate this Agreement with NO cancellation fee and NO additional fees, commissions or penalties. If Seller terminates this Agreement, Seller must sign a withdrawal agreement. There is no refund if listing is terminated. If Seller decides on termination of listing agreement, Seller may obtain a new listing agreement with Broker within 18 months of permanent withdrawal for 50% of fees paid in previously withdrawn listing.
11. DISPUTE RESOLUTION
This Agreement will be construed under Florida law. All controversies, claims, and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation in Manatee County, in accordance to the rules of the American Mediation Association or other mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and costs, unless the parties agree that disputes will be settled by arbitration as follows:
Seller agrees that disputes not resolved by mediation will be settled by neutral binding arbitration in Manatee County, Florida, in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney’s fees, and will equally split the arbitrator’s fees and administrative fees of arbitration. WAIVER OF TRIAL BY JURY: If any litigation is necessary, Seller and Broker hereby voluntarily and knowingly waive any rights to a trial by jury.
In the event any provision or provisions of this listing agreement shall be deemed by a court of competent jurisdiction to conflict with applicable law, such provision or provisions that, at Broker’s option, either be (1) deemed modified to the extent necessary to comply with such law, or (2) severed from this Agreement and shall cease to be a part thereof. If such provision or provisions are so severed, the remainder of this Agreement shall remain in full force and effect.
a. This Agreement is binding on Seller’s and Broker’s heirs, personal representatives, administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations will be binding on Seller or Broker unless included in this Agreement. According to chapter 668 of the Florida Statutes, electronic (esign) signatures are acceptable and will be binding. Signatures, initials, and modifications communicated by facsimile, e-sign or electronic mail, will be considered as originals.
b. The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees, and other categories of potential or actual transferees.
c. Broker is insured with Errors and Omissions Insurance.
d. Like It Realty recommends Sellers have their attorney’s review ALL real estate documents before signing or sending them to other parties.
e. Like It Realty will, at their own discretion and abiding within state and local laws and local association rules, place the Broker’s sign in Seller’s yard advertising the property is For Sale. Seller acknowledges that the sign is the property of Broker and will be removed within 5 days of property being sold.
f. All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.
15. NOTICES: All notices, requests, claims, demands and other communications between Broker & Seller shall be in writing. All notices shall be given (i) by delivery in person (ii) by a nationally recognized next day courier service or (iii) by first class, registered or certified mail, postage prepaid. All notices shall be effective upon (i) receipt by the party to which notice is given, or (ii) on the [fifth (5th)] day following mailing, whichever occurs first. Seller Notice shall be sent to respective Seller’s address in this document. Broker’s Notice shall be sent to Like It Realty, PO Box 177, Ellenton, FL 34222.
16. Seller’s Acceptance of Exclusive Right of Sale Agreement:
All persons or entities, including legally authorized representatives, with right to sell the listed Property or holding any interest in listed Property must sign this agreement. If you do not understand this agreement, please have your attorney review it.