Listing Service: Broker agrees to submit the Owner’s property listing to the Multiple Listing Service most appropriate for the property location. Broker agrees to opt in to available MLS syndication (see MLS Listing Syndication).
Broker’s further responsibilities include:
Updating listing information in a timely manner at the Owner’s request
Displaying the Owner’s contact information on the listing where possible, encouraging renters to contact the Owner directly.
Forwarding any property inquiries, showing requests, etc. directly to the Owner
While the Broker will assist in good faith with any Owner questions, detailed real estate advice and pricing advice are not included in this service.
No Other Broker Contracts: Owner warrants that this property is not currently listed with another broker, and will not list this property with another broker during this Contract's term, unless Owner first cancels this contract (see Cancellation).
MLS Entry Only / Limited Service Listing: In the scope of real estate listings, this is considered a Limited Service Listing or MLS Entry Only service. As such, this agreement does not establish an agency relationship, nor fiduciary duty.
Owner will coordinate all aspects of the renting process outside of this MLS advertising service, including pricing the property, showing the property, receiving applications, negotiations, and general communication between parties. Owner is encouraged to hire an attorney to review paperwork, provide advice, and assist with the lease.
Owner is advised to make arrangements for the holding of escrow moneys when applicable (earnest money deposits from the tenant) with the Broker, an attorney, or title company, subject to all MA laws and regulations. Broker offers escrow service for $100.
Reporting Timeliness and Accuracy: It is essential that the Owner informs the Broker of any change in listing status as soon as possible. MLS regulations require listing status updates to be made within 24 hours, and the Broker can be fined if changes are not made on time.
Owner agrees to fully reimburse Broker in the event that the Broker incurs a fine as a result of the Owner’s failure to communicate a change in listing status. These changes include temporarily withdrawing the listing (not accepting showings for a period of time), having an accepted application pending, signing a leasing agreement, and the final move-in.
We appreciate your timely communication in order to remain in compliance with MLS regulations.
Owner warrants that all property information provided is accurate to the best of their knowledge, and accepts full responsibility and liability for the accuracy of information provided.
Owner allows listing data in violation of MLS rules to be changed at the Broker's discretion.
If Owner is unable to be reached for an extended period of time, the listing may be temporarily deactivated at the Broker's discretion to verify up to date listing status and remain in compliance.
All Listing Updates in Writing: We kindly request that any listing update requests be provided via web form or e-mail to ensure accuracy in writing. (Examples of updates may include price changes, corrections, notification of accepted applications, etc.).
In the interest of convenience, Owner(s) agree that communication through an online form or e-mail conveys permission to the Broker to update the listing as requested (as opposed to written signatures, commonly required for updates). In the case of multiple owners, Owners agree that communication from any one Owner conveys permission on behalf of all Owners.
Leasing Agreement / Move-in: For the purpose of keeping accurate records, Owner will provide a copy of the signed leasing agreement or equivalent to Broker on the day of settlement.
Disclosing Defects / Hazards: Owner will reveal material defects or environmental hazards to tenants, including Lead Based paint if the property was built before 1978. A material defect is a problem or condition that:
Is a possible danger to those living on the Property, or
Has a significant, adverse effect on the value of the Property
If the Owner is accused of failing to disclose known material defects and/or environmental hazards;
Owner will not hold Broker or Licensee responsible in any way
Owner will protect Broker and Licensee from any claims, lawsuits, and actions that result, including paying all of Broker's or Licensee's costs that result. This includes attorney's fees and court ordered payments or settlements (money Broker or Licensee pays to end a lawsuit or claim).
Owner assumes responsibility for providing the prospective tenant with an EPA pamphlet entitled Protect Your Family From Lead in the Home when required by law. Owner is encouraged to educate themselves and assumes responsibility for remaining in compliance with the Residential Lead-Based Paint Hazard Reduction Act, (The pamphlet is available for free download at www.epa.gov).
Photos: Owner must provide at least one photo of the property to be displayed on the listing. Photos provided may not have previously appeared on the Multiple Listing Service under a different broker, unless the broker gives their permission in writing.
Cancellation: It is never our intention to "lock you in" to a contract. Owner may cancel this contract at any time, under the following conditions. 1) Owner cancellation request must be in writing with all Owners' signatures. 2) If a lease application has been submitted, Owner must reply to the outstanding application in writing before canceling. 3) Owner may not cancel this contract if the Property status is under contract (lease pending). Owner must first be released from a pending lease agreement before the listing is canceled. The intent of this paragraph is to prevent claims from cooperating brokers for a due commission not being paid.
MLS Listing Syndication: The Multiple Listing Service syndicates listings to a variety of real estate search websites (Example: Realtor.com). Please note that syndication partnerships are subject to change and cannot be guaranteed. Broker has limited control over the layout of information on these websites, including which information fields are taken from the full listing.
Third Party Disputes: In the event an aggrieved party files an arbitration claim or lawsuit against or in any way involving Broker that seeks payment of a commission or money damages in connection with the advertisement and renting of the Property, Owner agrees to indemnify, defend, and hold Broker harmless from, and aid Broker in defense of any such claim or lawsuit. If Owner fails, for any reason, to fulfill its Duty to Defend, Broker may seek indemnity, contribution, and/or reimbursement from Owner for all costs incurred as a result of the claim or lawsuit, including attorney's fees as well as recovery of all costs of collection thereof, including but not limited to attorney's fees, collection agency fees, court costs, and expenses.
Owner agrees to fully indemnify Broker from any legal action, including but not limited to all tort actions (such as “slip and fall” accidents, theft, property damages, etc. caused by third parties) related to the showing of the Owner's property.
Equal Housing Opportunity: Owner acknowledges that this property is offered in compliance with federal, state, and local antidiscrimination laws.
Federal and state laws make it illegal for Owner, Broker, or anyone to use RACE, COLOR, RELIGION, or RELIGIOUS CREED, SEX, DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A
DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property.
Owner also acknowledges that many jurisdictions have stricter laws that extend protection to political beliefs, income, sexual orientation, affectional orientation, and other factors. Owner agrees to investigate and comply with all laws regarding discrimination.
Electronic Signatures: For convenience purposes, Owner may choose to execute this agreement with an electronic signature. Broker and Owner agree that an Electronic Signature of any document executed through Broker's website ratification system will be binding on both Broker and Owner, 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. Owner hereby consents to the use of third party electronic signature capture service providers as chosen by Broker. Forms not executed through Broker's website ratification system may not be electronically signed, unless an exception is granted by Broker.
I the Owner warrant that I am the legal owner of the property or have the authority to execute this contract. I acknowledge that I have read and understand this agreement, and have received a copy. In the event the property is owned by more that one person, all owners must sign this listing agreement.