Royal Realty, Inc.
Phone: (847) 630-2700
Fax: (815) 301-3430

Flat Fee Exclusive Right to Sell Listing Agreement

1. This agreement dated ____________________ between Realtor Royal Realty, Inc. and Property Owner (s)

      __________________________________________________________________________ herein the Seller (s).
 
2. Seller desires to list the following property (herein the Property) for sale in the MLS:
 
Address:____________________________________________________ County of:____________________
 
3. The Listing Price of the Property and all improvements that are offered for sale shall be $_________________. Seller is solely responsible for determining the appropriate listing price. Seller reserves right to amend the listing price. Any changes to listing price will be submitted in writing to Broker and signed by seller. Once Broker has received signed authorization to change list price it will be submitted to MLS.
 
4. This professional service agreement shall commence on __________________ (the date accepted by Royal Realty) and shall expire upon the successful sale of the Property or one year from the date of agreement.
 
5. In consideration of this professional service agreement, Royal Realty, Inc. agrees to provide:

    
A) Multiple Listing Service of Northern Illinois (MLSNI) and MAP Multiple Listing Service (MAP)  $599.00:
    B) List Property in the MLSNI Multiple Listing Service (MLSNI) and MAP Multiple Listing Service (MAP).
    C) Authorize MLS to distribute MLS Listing to Realtor. com, ChicagoTribune.com, Homes.com, etc.
    D) Authorize the MLS staff to take a photo of the Property to include in the MLS listing.
    E) Provide Seller a commonly used sales contract.
    F) Provide Seller with Disclosure Forms for use in connection with the sale of the Sellers Property.
    G) Provide Seller with a professional yard sign or window sign.
    H) Contract Negotiations.
 

6. Termination: There is no termination fee in the event the seller decides to withdraw their Property from the market. Seller may give written notice to Royal Realty at any time except if there is  a contract pending on the Property involving a buyer who was procured by a participating Realtor.  A refund will only be provided if Royal Realty does not accept this agreement or this service is canceled before the listing is submitted to the Multiple Listing Service (MLS) or in the event Royal Realty elects to terminate this agreement upon three (3) days advance written notice to the seller. You will be provided with a copy of the MLS Listing. It is the Sellers responsibility to review the listing and report all errors and changes to Royal Realty in writing. Seller may not terminate this agreement while the Property is under contract. If this agreement expires while the Property is under contract, Sellers obligation to pay the Buyer's Agent commission below shall survive termination and continue until the closing when the said Buyers Agent commission is payable.
 
7. Personal Property included in the sale (i.e. appliances): __________________________________________________________________________________________________

________________________________________________________________________________________________

8. Seller agrees to pay Royal Realty a professional listing fee as described above. This fee is earned, due and payable in full upon the execution of this agreement by seller. Should a participating Realtor, including Royal Realty (if agreed to in item 22),  procure a buyer who is ready, willing and able to purchase the above described Property at the listed price or at another price acceptable to the Seller, Seller agrees to pay a selling agent (herein referred to as the Buyers Agent Commission) a professional fee of _______ % based upon the agreed sales price of the Property. Any changes to that Buyers Agent Commission offered must be submitted in writing and signed by Seller and any such changes will not be effective until submitted to the MLS for revision.
 
9. Seller agrees that the responsibility for the care and custody of said Property shall not be Royal Realty's and Royal Realty shall not be liable to Seller for any damages  which may occur to said Property. Seller shall make arrangements for any and all showings of Property by appointment only with buyers agents or to provide a lockbox at seller’s expense to make the Property available at seller’s sole discretion. Royal Realty shall be held harmless for any and all liability, claim, judgment, obligations, or demands, including reasonable attorney fees, arising as a result of the sellers use of a lock box, or the actions of potential customers or selling agents.
 
10. NO GUARANTEE: Seller understands that this agreement does not guarantee the sale of the Property.
 
11. Seller agrees that under the Fair Housing Act, Seller may not ask or expect the sale of Seller's Property to be restricted according to race, color, creed, religion, sex, handicap, familial status, age, national origin, or any other class protected by Article 3 of Illinois Human Rights Act. Sellers acknowledge that they shell also be bound by State and Local Human Rights or Fair Housing Ordinance if any.
 

12. Marketable Title Clause: Seller warrants and represents that no later than time of closing, he/she shall be able to convey marketable title to the Property. In the event the transaction fails to close, because Seller is unable to convey marketable title, then Royal Realty shall be entitled to the full professional fee. (Royal Realty fee + agent commission as stated in paragraph #8). Further, in the event the transaction fails to close because of failure or inability of Seller to bring the Property up to local governmental code requirements, then Royal Realty shall be entitled to the full professional fee. (Royal Realty fee + agent commission as stated in paragraph #8)
 
13. The person (s) signing this agreement warrants and represents that he/she is properly authorized to enter into this agreement. A signature transmitted by fax shall be deemed to have the same effect as an original signature.
 
14. Seller understands and agrees that Royal Realty, Inc. is providing the exclusive service of having your home submitted to the Multiple Listing Services as listed above. Royal Realty is not otherwise acting as Owners agent or in any other capacity. Royal Realty has no control over and does not screen those that view the property.

15. Seller specifically acknowledges and represents that there are no facts materially affecting the value or desirability of the Property, including but not limited to any violation of any local government code. Whether or not said facts are readily observable, the Seller is under a duty to disclose said facts to the buyer and to Royal Realty. Owners agree to comply with Residential Real Property Act. In other words, Owners are responsible for supplying any and all disclosure documents to prospective buyers including the Lead Paint Disclosure and Property Disclosure reports. Seller has fully reviewed this agreement and warrants the accuracy of all information. Seller agrees to indemnify and to save and hold harmless Royal Realty and those relying on information contained in this agreement for and against damages resulting from any inaccuracy and/or the Seller's failure to disclose any information. Seller has not disclosed to Royal Realty any defects except as set forth herein. Latent Defects: Seller agrees that where Seller knows of or becomes aware of facts materially affecting the value of the Property, Seller is under a duty to disclose said facts both to the buyer and the Realtor. If Seller knows of or becomes aware of such facts, he/she shall set them forth in writing on the following defect disclosure section. Seller agrees to indemnify and hold harmless the listing agent and Royal Realty and those relying thereon for damages resulting from the inaccuracy and from OWNER'S failure to disclose any facts materially affecting the value of the Property. This duty shall continue through to date of closing. LIST DEFECTS, DISCLOSURES, ADDITIONAL PROVISIONS, ETC.: (if none, so state)
     __________________________________________________________________________________________________

16. Seller understands the Agency of Royal Realty Is Limited to performing the functions described herein.
 
17. Seller understands and agrees that Royal Realty, Inc. shall Not act as an escrow agent in connection with the sale of the listed Property and therefore does not hold earnest money.
 
18. Seller agrees to state honestly the dimensions, characteristics and condition of the Property to be entered into the multiple listings to the best of their knowledge. Royal Realty assumes no liability at all for inaccuracies, errors or misstatements made by Seller. Royal Realty does not conduct any survey of Property to verify accuracy of any information provided to it by Seller and is not held responsible for the accuracy of the information. Seller has reviewed the information shown on this agreement and the data input forms provided to Royal Realty and hereby acknowledges it to be true and correct.
 
19. Seller may add or change the information contained in the listing without any further charges. All changes must be requested in writing, using the supplied Change Form, signed by the Seller and delivered to Royal Realty by fax or mail.

20. Seller acknowledges that Royal Realty, Inc. is neither a full service real estate broker nor does Royal Realty represent the seller or said property in such a manner. Rather Royal Realty is a limited service real estate broker and has no obligation to seller other than those specifically stipulated in this agreement.

21. Disputes / Arbitration:
A) In the event of a dispute between Royal Realty and Owner arising out of this agreement or either parties' duties or obligations hereunder, the parties agree to submit the dispute to arbitration according to the rules of the American Arbitration Association. In the event an award is entered against Royal Realty it is hereby agreed that Royal Realty shall only be liable for damages up to the total fee paid by seller. The prevailing party shall also be entitled to recover costs including reasonable attorney fees.

B) In the event Royal Realty is taken to arbitration by any licensed real estate broker claiming a commission as the procuring broker for sellers property; Seller Shall pay Royal Realty, Inc. the amount of any settlement plus all costs and attorneys' fees within five business days.

22. SELLER HAS THE RESPONSIBILITY TO SET UP AND ARRANGE ALL SHOWINGS FOR THEIR PROPERTY, PROVIDE ALL PERTINENT DISCLOSURES, AND COORDINATE CLOSING AND TRANSFER OF THE PROPERTY WITH ALL CONCERNED PARTIES. SELLER ACKNOWLEDGES SELLING OF REAL PROPERTY MAY BE OF A COMPLEX NATURE AND IS ADVISED TO SEEK COUNSEL OF A PROFESSIONAL ATTORNEY.

23. Seller shall cooperate fully with all real estate brokers, provide reasonable access to the property for showings and entertain all offers presented by Royal Realty.

24. Seller must comply with all the laws, regulations, statutes, ordinances, etc. pertaining to the sale of said property.

25. ON OCCASION, AN AGENT OF ROYAL REALTY WILL BE WORKING WITH BUYERS WHO MAY BE INTERESTED IN VIEWING AND/OR PURCHASING YOUR HOME.  IN THE EVENT ONE OF THESE ROYAL REALTY BUYERS CONTRACTS FOR THE PURCHASE OF YOUR HOME YOU AGREE THAT: PLEASE INITIAL ONE OF THE TWO FOLLOWING PARAGRAPHS:           

_____________/_________ A) AT  CLOSING ROYAL REALTY WILL RECEIVE THE BUYER'S CO-OP COMMISSION YOU AGREED TO IN THIS AGREEMENT. YOU AGREE THAT YOUR HOME IS LISTED WITH ROYAL REALTY AS A FLAT FEE LISTING AND ROYAL REALTY IS NOT EMPLOYED AS A FULL SERVICE LISTING AGENT, HAS NO KNOWLEDGE OF YOUR CIRCUMSTANCES OR YOUR HOMES CONDITION, AND ROYAL REALTY WILL THEREFORE NOT BE FUNCTIONING AS A DUAL AGENT BUT AS A BUYER'S AGENT ONLY.
IF ROYAL REALTY'S BUYER CLOSES ON YOUR HOME, THE INITIAL FEE PAID TO ROYAL REALTY WILL BE REFUNDED AFTER CLOSING.

______________/____________ B) I DO NOT WANT ROYAL REALTY OR IT'S AGENTS TO SHOW MY PROPERTY TO ANY OF IT'S BUYERS.

26. Illinois law requires brokers and it's licensees to provide a minimum of the following services: (1) accept delivery of and present to the client, offers and counteroffers to buy, sell or lease the client's property or the property the client seeks to purchase or lease; (2) assist the client in developing, communicating, negotiating, and presenting offers, counteroffers, and notices that relate to the offers and counteroffers until a lease or purchase agreement is signed and all contingencies are satisfied or waived; and (3) answer the client's questions relating to the offers, counteroffers, notices, and contingencies.

27. In the event Seller receives DUAL/MULTIPLE offers, Seller instructs Royal Realty: A) -To Disclose _______
     B) - Not To Disclose ________the existence of DUAL/MULTIPLE offers to prospective buyers and their agents.

Accepted by Broker:

Accepted by Seller (s):

Royal Realty, Inc.

Homeowners Signature:

Signature:

Print Name:

Print Name:

Homeowners Signature:

Print Name:

Date:

Date:

 


 

If you wish to fax or mail in your payment fill in below and Fax with above to: (815) 301-3430

                               Visa   Master Card       American Express       Discover

MLSNI Listing Service and  MAP Listing Service $599.00  
Option #1 $100.00
Extra Exposure
Option #2 $50.00
Extra Yard Sign
Option #3 $30.00  
Extra Window Sign
Option #4 $45.00 
Lock Box
Option #5 $115.00
Virtual Tour 
Option #6 $25.00  
Outdoor Brochure Holder
Option #7 $10.00  
Indoor Brochure Holder
Option #8 $10.00  
Shoe Protectors
Option #9 $25.00  
Open House Sign
Option #10 $150.00 
Listing Relist
Option #11 $100.00
Digital Photos
Option #12 $100.00
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