Listing Service: Broker agrees to submit the Seller’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:
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Updating listing information in a timely manner at the seller’s request
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Displaying the Seller’s contact information on the listing where possible, encouraging buyers to contact the Seller directly.
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Forwarding any property inquiries, showing requests, etc. directly to the Seller
While the Broker will assist in good faith with any Seller questions, detailed real estate advice and pricing advice are not included in this service.
No Other Broker Contracts: Seller 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 Seller 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 a Seller Agency relationship, nor fiduciary duty.
Seller will coordinate all aspects of the selling process outside of this MLS advertising service, including pricing the property, showing the property, receiving offers, negotiations, and general communication between parties. Seller is encouraged to hire an attorney to review paperwork, provide advice, and assist with the final sale.
Seller is advised to make arrangements for the holding of escrow moneys (earnest money deposits from the buyer) with the Broker, an attorney, or title company, subject to all NY laws and regulations. Broker offers escrow service for $100.
Reporting Timeliness and Accuracy: It is essential that the Seller 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.
Seller agrees to fully reimburse Broker in the event that the Broker incurs a fine as a result of the Seller’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 offer, signing a Purchase and Sale Agreement, and the final sale. Broker may charge a fee of $25 for status updates made more than 24 hours after the status change occurs.
Seller should use the following forms to make status updates:
We appreciate your timely communication in order to remain in compliance with MLS regulations.
Seller 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.
Seller allows listing data in violation of MLS rules to be changed at the Broker's discretion.
If Seller 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 (E-mail): We kindly request that any listing update requests be provided via online form or e-mail to ensure accuracy in writing. (Examples of updates may include price changes, corrections, notification of accepted offers, etc.).
In the interest of convenience, Seller(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 sellers, Sellers agree that communication from any one Seller conveys permission on behalf of all Sellers.
No Broker Signatures for Closing: Being an online listing service, Broker has limited knowledge of the property for sale, the Seller, and other conditions of the sale. Accordingly, as a policy, Broker does not sign any documents associated with the closing, including but not limited to mortgage documents, FHA addendums, lead paint, seller disclosures, etc. It is the responsibility of the Seller to communicate the Broker's limited involvement in the transaction to all parties such as buyer agents, attorneys, lenders, underwriters, etc. Broker reserves the right to refuse to sign any document. In the event that the Broker agrees to sign, a $100 fee will be assessed to Seller for the Broker's cautious review of the document. As this scenario is avoided in the vast majority of sales by upfront communication by the Seller to all parties, Broker may not be held responsible for any resulting delays or cancellations of the sale.
Real Estate Closing: Seller will provide a copy of the signed HUD-1 statement or equivalent to Broker on the day of settlement. Seller should indicate the upfront Broker fee on this form as “Paid Outside of Closing” or “POC,” in accordance with the Real Estate Settlement and Procedures Act (RESPA).
Disclosing Defects / Hazards: Seller will reveal material defects or environmental hazards to buyers, 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 Seller is accused of failing to disclose known material defects and/or environmental hazards;
- Seller will not hold Broker or Licensee responsible in any way
- Seller 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, including but not limited to attorney's fees and court ordered payments or settlements (money Broker or Licensee pays to end a lawsuit or claim).
The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer an EPA pamphlet entitled Protect Your Family From Lead in the Home. Seller assumes full responsibility for providing this to buyers. (The pamphlet is available for free download at www.epa.gov).
Photos: Seller 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. Seller warrants that listing photos provided are their own, or that they have permission to use them, and accepts full responsibility and liability for the use of photos provided.
Cancellation: It is never our intention to "lock you in" to a contract. Seller may cancel this contract at any time, under the following conditions. 1) Seller cancellation request must be in writing with all Sellers' signatures. 2) If an offer to purchase has been presented, Seller must reply to the outstanding offer in writing before canceling. 3) Seller may not cancel this contract if the Property is under contract (Sales Agreement). Seller must first be released from a Sales Agreement before the listing is canceled.
Seller should use the following form to cancel and remove a listing:
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 sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and aid Broker in defense of any such claim or lawsuit. If Seller fails, for any reason, to fulfill its Duty to Defend, Broker may seek indemnity, contribution, and/or reimbursement from Seller 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.
Seller 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 Seller's property.
Definition of Exclusive Agency: New York State requires Broker to provide Seller with the definition of the term "Exclusive Agency." New York State's definition is as follows: "An 'exclusive agency' listing means that if you, the owner of the property, find a buyer for your house, you will not have to pay a commission to the broker. However, if another broker finds a buyer, you may owe a commission."
Equal Housing Opportunity: Seller acknowledges that this property is offered in compliance with federal, state, and local antidiscrimination laws.
Federal and state laws make it illegal for Seller, 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.
Seller also acknowledges that many jurisdictions have stricter laws that extend protection to political beliefs, income, sexual orientation, affectional orientation, and other factors. Seller agrees to investigate and comply with all laws regarding discrimination.
Electronic Signatures: For convenience purposes, Seller may choose to execute this agreement with an electronic signature. Broker and Seller agree that an Electronic Signature of any document executed through Broker's website ratification system 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. Forms not executed through Broker's website ratification system may not be electronically signed, unless an exception is granted by Broker.
I the Seller 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 sellers must sign this listing agreement.