Galleria Homes Realty

MLSFEELISTING.COM

 

Flat MLS Fee Listing Service

     Limited Service Listing Agreement

 

This Limited Service Listing Agreement (“Agreement”) is between the Owner (“Owner”) as indicated below, and Galleria Homes Realty, (“Broker”). herein known as GHR. Located in Broward County at  8224 S Lake Forest Dr. Davie, Florida 33328

 

  1. AUTHORITY TO SELL PROPERTY:

 

Seller grants Broker the authority to list Seller’s real and personal property (collectively “Property”) indicated below, at the price indicated below, and terms described in the Flat MLS Fee Listing package purchased, for a term based upon which listing package was purchased, which will begin when listing is placed in the MLS. Seller certifies that Seller is legally entitled to convey the Property and all improvements. 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.

 

  1. DESCRIPTION OF PROPERTY:

 

  1. a) Real Property Street Address as indicated below.

____________________________________________________

 

  1. b) Parcel ID (Found on your tax statement) as indicated below.

____________________________________________________

 

  1. c) Seller agrees to offer for sale, through the services provided by Broker , the Property, fixtures and all improvements thereon. All personal property to be conveyed at the time of sale shall be listed by Seller in the Real Estate Sales Agreement entered into between Seller and Buyer and shall be transferred free of any liens.

 

  1. PRICE AND TERMS:

 

Property is offered for sale on the following or other terms acceptable to Seller: a) Price as indicated below (Seller is solely responsible for determining the appropriate listing price).

 

  1. COMPENSATION:

 

Seller has agreed and has prepaid Broker for performing the responsibilities set forth in this Agreement and no refund will be issued regardless whether the property sells and no matter who sells the property. Seller shall pay a cooperating

 

commission (“Co-Broker”) as indicated below. This commission is based on the total purchase price and is due at closing to a licensed Buyer’s Broker or Transaction Broker (“Co-Broker”) in the event the Co-Broker represents or introduces the property to a ready, willing and able buyer and the buyer enters into an Agreement with the Seller to purchase the property

 

Under this Agreement, Seller can sell his/her Property himself/herself to any buyer not procured or represented by a participating Realtor, in which case no Co-Broker commission  is due.

 

  1. BROKER OBLIGATIONS AND AUTHORITY:

 

  1. a) Seller authorizes Broker to place the property in the appropriate local Multiple Listing Service (MLS) with jurisdiction to Seller’s county and state, and to offer the agreed upon compensation to cooperating brokers. All listings are subject to approval and the Rules and Regulations of the MLS.

 

  1. b) Seller authorizes and will cooperate with Broker to report to the MLS/Association of Realtors this listing information and price, terms and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors to use, license or sell the active listing and sold data.

 

  1. c) Seller authorizes Broker to place Seller’s contact information in the MLS where allowed by MLS rules. All appointments to show property will be made with the Seller directly. Due to the rules and regulations of Realtor.com, Broker may not and will not place Seller’s contact information in the Realtor.com listing or on any other public website. Broker will make every effort to forward any leads originating from the Realtor.com listing to the Seller in a timely manner. However not all inquires on public sites will come to Broker.

 

  1. d) Broker will maintain listing. All changes on the listing must be requested in writing by Seller through brokers email sharon@com and must include listing ID#

 

  1. e) Broker reserves the right to terminate, suspend or change the status of the listing in the MLS without explicit authorization from the Seller if the Broker deems necessary due to reasons that would indicate that property is not currently for sale, may have been sold, etc.

 

  1. TERMINATION OF THIS AGREEMENT:

 

There is no termination fee in the event the Seller decides to withdraw their Property from the market by giving written notice to GHR.com at any time there is not then a contract pending on the Property a buyer who was produced by participating licensed real estate agent. Seller is required to sign GHR cancellation agreement. A refund will only be provided in the event GHR does not accept this Agreement or this service is cancelled before the listing is entered into the Multiple Listing Service (MLS).

 

  1. SELLER OBLIGATIONS:

 

  1. a) Seller shall 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 incurs because of (1) Seller’s negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the transfer of title.

 

  1. b) Seller shall make 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 is responsible and required to provide a Seller’s Real Property Disclosure Statement to represent any or no material facts (building code violations, pending code citations, unobservable defects, etc.). Seller will immediately inform Broker of any material facts that arise after signing this Agreement.

 

  1. c) Seller may cancel the MLS Listing during the terms stated above with no penalty to the Seller. No refund will be issued upon cancellation. Seller may not terminate this Agreement while the Property is under contract. If this agreement expires while the property is under contract, Seller’s obligations under this Agreement continue through the closing and transfer of Property.

 

  1. d) Seller represents that the Property is not listed with any other broker.

 

  1. e) For ninety (90) days following expiration of this Agreement, any cooperating broker shall continue to be entitled to the compensation described in this Agreement should Seller transfer Property or any interest in the Property to any ready, willing and able prospects procured regarding the Property prior to expiration.

 

  1. f) Seller is responsible for all aspects of the selling and sale of property including but not limited to determining sale price and commission, advertising, making appointments, showing property, negotiating sales price, all closing activities, etc.

 

  1. g) Seller may take the property Temporarily off market for up to 30 day’s one time during the listing agreement. If the property exceeds 30 consecutive days off market the listing will be permanently cancelled and no refund will be issued. If seller would like to relist a new listing package will need to be purchase and a new listing agreement will be required.

 

  1. BROKER SHALL NOT BE AN ESCROWEE:

Seller shall not execute a sales contract that requires Broker to hold earnest money or a possession escrow. Broker does not maintain an Escrow account.

 

 

  1. SELLER’S MANDATORY DISCLOSURES:

 

Seller understands that Seller has a duty under State law to disclose to potential buyer facts known to the Seller which materially and adversely affect the value of the Property, including violations of governmental laws, rules and regulations, and which are not readily observable by a buyer. Seller understands that State law requires Broker to disclose to any buyer all facts, which materially affect the value of the Property actually known by Broker, which are not readily observable by any buyer. Seller understands that a licensed real estate broker or salesperson (”licensee”) working with a buyer may represent that buyer, and may be required to disclose to the buyer any information given to him by Seller. Broker shall not be responsible for making any disclosure to Buyer. Seller expressly releases Broker from any responsibility or liability regarding disclosure requirements whether required by statute or otherwise. Broker recommends that Seller consult with legal counsel concerning disclosure requirements or the completion of any disclosure forms. Seller agrees to indemnify and hold Broker harmless for any violation of any ordinance, regulation, and statute of law regarding Seller’s disclosure obligations. If the Property was built in 1978 or earlier, Seller will provide prospective buyers with all information Seller knows about lead-based paint and lead-based paint hazards in the Property and with all available documents pertaining to such paint and hazards, as required by federal law. Seller understands that the law requires the provision of this information to prospective buyers before the potential buyers become obligated to purchase the Property.

 

  1. AGENCY DISCLOSURE:

 

Unless Seller and Broker have entered into a separate representation agreement, Broker does not represent the Seller as either a Single Agent or as a Transactional Broker. Broker has “No Brokerage Relationship” with the Seller and does not represent the Seller. Seller has chosen to handle all Matters concerning Property as a “For Sale by Owner”, thus; relieves Broker and its Associates from any Liability.

 

  1. ATTORNEY’S FEES AND COSTS:

                                                                                                      

If a dispute arises by and between the parties or involving the subject matter of this Agreement and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney’s fees and litigation costs, including appellate attorney’s fees and costs by the non-prevailing party.

  1. CHOICE OF LAW AND FORUM:

 

All disputes by and between the parties hereto shall be exclusively heard in Broward County, Florida for the interpretation and application of this Agreement.

 

  1. SELLERS ACKNOWLEDGMENT OF GHR LIMITED DUTIES:

 

This Agreement creates a limited service listing agreement to market Sellers Property and limits the performance requirements of GHR set forth herein. GHR is not representing Seller as a full-service Real Estate Agency. No other agreement, expressed or implied, shall be held to impose any greater relationship than that set forth herein. Seller waives any claim or cause of action it may have against GHR, its owners, agents and employees arising as a result of any act or omission of GHR . Seller accepts the responsibility to comply with all ordinances, regulations and statutes pertaining of Seller offer for sale or rent and sale of the Property.

 

  1. BROKER COMMUNICATIONS AND ELECTRONIC SIGNATURES:

 

Seller authorizes all Broker communications to Seller to be via e-mail. Seller authorizes Broker to use Seller’s e-mail address on file with Broker. Seller will provide another email address if experiencing email receipt problems. Seller is responsible for ensuring their email settings do not filter legitimate emails.  Broker and Seller agree that an Electronic Signature of any document executed through Broker’s website ratification system, including but not limited to this Contract and addendums or amendments to this Contract, 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.

 

  1. MLS COPYRIGHT:

 

The MLS listing proof sent by Broker to Seller is copyrighted by the MLS. Seller agrees that this listing proof is solely for data accuracy purposes and will not distribute the file in any way to anyone. Seller will be responsible for any MLS fines resulting from distributing the MLS listing proof. If Seller desires a highlight sheet, Broker recommends that Seller use their Realtor.com listing for this purpose. Photos from previous listings are copyrighted by the former broker. Seller will submit original, non-copyrighted photos to Broker. Seller is responsible for any MLS fines and claims of infringement from using copyrighted photos. Penalties for copyright infringement can be up to 150,000.00 per picture.

 

  1. DOCUMENT PREPARATION:

 

Broker will provide assistance with document preparation and negotiation communications to Seller. Seller agrees that this assistance will be at a cost to the seller. Please ask for the current rate for this service.

 

 

  1. NO OTHER BROKER CONTRACTS:

 

Seller will not list this property with another broker during this Contract’s term unless Seller first cancels this Contract under the terms of Paragraph 6.

 

  1. THIRD PARTY DISPUTES (SELLER’S DUTY TO DEFEND):

In the event of an arbitration claim or lawsuit arising out of alleged actions or omissions of Seller 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 provide a full defense and aid to Broker with respect to any such claim or lawsuit (“Duty to Defend”). Seller’s duty to defend shall include contribution and reimbursement from Seller for all costs incurred by Broker because of such claim or lawsuit together with all costs of litigation including reasonable attorney’s fees, reasonable costs of investigation, and all costs of collection including collection agency fees.

 

  1. SELLERS ACKNOWLEDGES AND ACCEPTS GHR LIMITED DUTIES AS DESCRIBED ABOVE Intials _______   Intials ________

 

  1. OTHER TERMS:

 

The parties agree that, in the event of any failure, defect, or malfunction of the MLS listing, the only remedy available to Seller shall be a prorated refund for unperformed services from the fees paid by Seller. This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this Agreement. The parties agree that Broker will not be liable for any lost profits or consequential damages of any nature caused to the business or property of Seller by any failure, defect, or malfunction of Seller’s listing or product purchased from Broker. If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. Seller acknowledges Broker maintains its physical place of business in the state of Florida.

 

 

  1. ENTIRE AGREEMENT:

This agreement constitutes the entire agreement between Seller and Broker and there are no representations, inducements, or other provisions other than those expressed herein. All changes, additions, or deletions to this Agreement must be in writing and signed by both Seller and Broker. Should a court of proper jurisdiction find any part of this contract to be unlawful, or unenforceable all other parts will remain in force and enforceable.

 

 

 

 

 

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

 

You should not assume that any real estate broker or sales associate represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation.

 

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, BROKER and its associates owe to you the following duties:

 

  1. Dealing honestly and fairly.

 

  1. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.

 

  1. Accounting for all funds entrusted to the licensee.

 

 

INTITALS:  ________     ________

 

 

 

 

 

 

 

 

 

REQUIREMENT OF THE FLORIDA REAL ESTATE LAW & MLS RULES

 

Seller agrees to notify Broker, within 24 hours, in the event of the any of the following:

 

  1. Seller enters into a contract to sell the property.

 

  1. Seller wishes to change the listing price or cooperating commission.

 

  1. Seller decides not to sell the property.

 

  1. Closing or settlement.

 

Seller, upon entering into a contract of sale with a buyer, agrees to notify Broker, within 24 hours, of the fact that Property is under contract, and will advise Broker of the name and phone number of the settlement agent or attorney and provide a complete fully executed copy of the purchase/sale agreement and all addendum thereto. It must be emailed to support@ ghrlty.comThe failure to do so may result in an MLS fine to GHR, which will be charged to the Seller and due on the day seller is notified. Upon the sale of the Property, Seller agrees to deliver to Broker, within 24 hours, the following documents or information by email at support@ghrlty.com:

 

  1. Copy of the CD / settlement statement or closing statement. Please include selling Broker (if Broker/Realtor/Agent was involved), sales price, commission, concessions (if any), closing date, buyer’s name, so we may properly update the MLS.

 

  1. Copy of Sales Contract including all addenda and amendments, if any, and written verification by the escrow agent that all required deposit(s) have been paid.

 

  1. Seller’s new address and contact information.

 

 

Seller may not terminate this Agreement while the property is under contract. If this Agreement expires while the property is under contract Seller must comply with the above.

 

INTITALS: ________   _______

 

 

 

 

LIMITED SERVICE LISTING AGREEMENT (Continued)

 

 

LISTED PROPERTY INFORMATION

 

Address: ________________________________________

 

________________________________________________

 

County: ________________________________________

 

Listed Price: ______________ Buyer Broker Commission: __________

 

Listing Date: ______________ Expiration Date: _______________

 

 

___________________________________ ___________________

SELLER 1 SIGNATURE                           DATE SIGNED

 

 

___________________________________ ___________________

SELLER 2 SIGNATURE                           DATE SIGNED

 

Primary Phone: _______________ Email: ______________________

 

 

_________________________________

Sharon  Bercovicz  RE Broker

Galleria Homes Realty

82224 S Lake Forest Dr

Davie, Florida 33328

954-210-8802

Sharon@ghrlty.com

 

 

Agreement for Permission and Release to Use Photographs

 

Agreement for Property Address: ______________________________________________________

Sellers use photographs to market properties and Buyers heavily rely on the Seller’s images when

determining if the property is interesting for them to tour and purchase. It is imperative that Sellers

recognize that photographs are the proprietary work of the photographer or maybe owned by the

persons or institutions that commissioned the photographer. Just because the photo is “online”, on

MLS.com, Zillow.com, Realtors.com, or other distribution website or marketing forum, or even if a prior

realtor provided you with home photographs, you may not have been granted automatic permission to

use, copy, download, share or distribute the photograph(s). Improper use of photographs obtained

without title, ownership, copyright permissions, licensing may subject you to fines and lawsuits. We urge

you to consult with an attorney regarding your ownership of photography before submitting to

By submitting photographs or video to GHR for inclusion within a real property listing or

for any other  use, and by signing this Agreement for Permission To Release to Use Photographs you are

affirming your ownership, right and permission to use, distribute, share and/or post the photograph online

or within any other advertising or marketing forum. You are affirming that you retain ownership of the

photographs. Furthermore, by submitting photographs and/or video you grant to  GHR,

Inc, its representatives and employees the right to use the photographs in coordinating with the listing

agreement and terms and conditions of GHR You authorize GHR, its

assigns and transferees use and    publish the same in print and/or electronically. You agree that

GHR, may use such photographs for any  lawful purpose, including for example, such

purposes as publicity, illustration, advertising, and Web content. Any claim for use, misuse, copyright

infringement or any other photography-based claim, shall  be your exclusive responsibility. You shall hold

GHR harmless and indemnify GHR without limitation, for any expenses, judgments, fines, settlements, costs, fees, including mediation or attorney’s fees related to your photographs or video. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Florida, with venue in Broward County. The terms and conditions set forth herein constitute the entire agreement between the parties and shall super-seed all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of

either party to enforce its rights under this Agreement at any time for any period shall not be construed

as a waiver of such rights.

Signature: __________________________________ Date: __________

 

Signature: __________________________________ Date: __________

 

 

 

WIRE FRAUD WARNING:

 

IF SELLER’S PROCEEDS WILL BE WIRED,

 IT IS RECOMMENDED THAT

SELLER PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING

IN THE PRESENCE OF THE ATTORNEY/CLOSING AGENT. IF SELLER

IS UNABLE TO ATTEND CLOSING, SELLER MAY BE REQUIRED

TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING

ATTORNEY’S/CLOSING AGENT’S OFFICE CONTAINING THE WIRING

INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER

AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR

SELLER BY THE CLOSING ATTORNEY/CLOSING AGENT. AT A

MINIMUM, SELLER SHOULD CALL THE CLOSING

ATTORNEY’S/CLOSING AGENT OFFICE TO PROVIDE THE WIRE

INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED

OVER THE TELEPHONE VIA A CALL TO SELLER INITIATED BY THE

CLOSING ATTORNEY’S/CLOSING AGENT’S OFFICE TO ENSURE THAT

THEY ARE NOT FROM A FRAUDULENT SOURCE. SELLER SHOULD

CALL THE CLOSING ATTORNEY’S/CLOSING AGENT’S OFFICE AT A

NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT

SELLER’S CONTACT IS LEGITIMATE, SELLER SHOULD NOT RELY ON

A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY’S/CLOSING

AGENT’S OFFICE, SELLER’S REAL ESTATE  AGENT OR ANYONE ELSE.

 

 

 

Seller acknowledges and understands that there are risks associated with wire  transfers that are not within the reasonable control of  GHR (“Firm”), and Seller hereby agrees to release and discharge Firm and Firm’s agents from any and all claims, demands, rights and causes of action of  what so ever kind and nature not caused by gross negligence of Firm or Firm’s agents arising directly or indirectly out of any wire transfer Seller sends or receives/was to receive in connection with any real estate transaction in which Firm represents Seller.

 

 

Seller________________________ Date______________

 

 

 

Seller________________________ Date______________