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Royal Realty, Inc. |
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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.
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Accepted by Broker: |
Accepted by Seller (s): |
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Royal Realty, Inc. |
Homeowners Signature: |
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Signature: |
Print Name: |
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Print Name: |
Homeowners Signature: |
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Print Name: |
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Date: |
Date: |
If you wish to fax or mail in your payment fill in below and Fax with above to: (815) 301-3430
| 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 |
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| Option #4 $45.00
Lock Box |
Option #5 $115.00
Virtual Tour |
Option #6 $25.00
Outdoor Brochure Holder |
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| Option #7 $10.00
Indoor Brochure Holder |
Option #8 $10.00
Shoe Protectors |
Option #9 $25.00
Open House Sign |
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Option #10 $150.00
Listing Relist |
Option #11 $100.00
Digital Photos |
Option #12 $100.00
Home Comparables (Two Times) |
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