The Florida Listing Agreement is a crucial document that establishes a formal relationship between a seller and a broker, granting the broker the exclusive right to sell the property. This agreement outlines the terms of the sale, including pricing, property description, and the responsibilities of both parties. Understanding this form is essential for anyone looking to navigate the real estate market in Florida effectively.
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The Florida Listing Agreement form is a crucial document in the real estate process, specifically designed for sellers and brokers to outline their mutual responsibilities and expectations. At its core, this agreement grants the broker the exclusive right to sell the property, which means that the seller cannot engage another broker during the term of this agreement. The document specifies essential details such as the property description, including its street address and any personal property included in the sale. It also outlines the terms of sale, including the listing price and financing options, ensuring that both parties are clear about the financial aspects involved. Additionally, the agreement emphasizes the broker's obligations to market the property effectively, including listing it in the Multiple Listing Service (MLS) to maximize exposure to potential buyers. Seller obligations are equally important; they must cooperate with the broker, provide necessary access to the property, and disclose any material facts that could affect the property's value. Lastly, the agreement addresses compensation for the broker, detailing how and when fees will be paid, and includes provisions for dispute resolution, ensuring a clear path for addressing any disagreements that may arise during the transaction.
Exclusive Right of Sale Listing Agreement
1This Exclusive Right of Sale Listing Agreement (“Agreement”) is between
2 ("Seller")
3 and
("Broker").
41. Authority to Sell Property: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal
5property (collectively “Property”) described below, at the price and terms described below, beginning
6 ____________________ and terminating at 11:59 p.m. on ____________________ (“Termination Date”). Upon
7full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will
8automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge
9that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race,
10color, religion, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local
11law. Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements.
122. Description of Property:
13
(a) Street Address:
14
15
Legal Description:
16
____________________________________________________
See Attachment
17
(b) Personal Property, including appliances:
18
19(c) Occupancy:
20
Property
is
is not currently occupied by a tenant. If occupied, the lease term expires ______________.
213. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller:
22
(a)
Price: $
____________________
23
(d)
Financing
Terms:
Cash
Conventional
VA
FHA
Other (specify)
in the amount
Seller Financing: Seller will hold a purchase money mortgage
24
of $
25
with the following terms:
26
Assumption of Existing
Mortgage: Buyer may assume existing mortgage for $
___________________
plus
27
an assumption fee of $____________________. The mortgage is for a term of
______ years beginning in
28
, at an interest
rate of
%
fixed
variable (describe)
.
______
_____________________________
29
Lender
approval of assumption
required
is not required
unknown. Notice to Seller: (1) You may
30remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your
31lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required
32escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.
33(2) Extensive regulations affect Seller financed transactions. It is beyond the scope of a real estate licensee’s
34authority to determine whether the terms of your Seller financing agreement comply with all applicable laws or
35whether you must be registered and/or licensed as a loan originator before offering Seller financing. You are
36advised to consult with a legal or mortgage professional to make this determination.
37 (e) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the
38purchase price and any other expenses Seller agrees to pay in connection with a transaction.
394. Broker Obligations: Broker agrees to make diligent and continued efforts to sell the Property in accordance with
40this Agreement until a sales contract is pending on the Property.
415. Multiple Listing Service: Placing the Property in a multiple listing service (the “MLS”) is beneficial to Seller
42because the Property will be exposed to a large number of potential buyers. As a MLS participant, Broker is
43obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public
44(see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in
45the MLS unless Seller directs Broker otherwise in writing. (See paragraph 6(b)(i)). Seller authorizes Broker to
46report to the MLS this listing information and price, terms, and financing information on any resulting sale for use
47by authorized Board / Association members and MLS participants and subscribers unless Seller directs Broker
48otherwise in writing.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 4.
ERS-18tb Rev 5/20
© 2020 Florida Realtors®
496. Broker Authority: Seller authorizes Broker to:
50(a) Market the Property to the Public (unless limited in Paragraph 6(b)(i) below):
51(i) Public marketing includes, but is not limited to, flyers, yard signs, digital marketing on public facing
52
websites, brokerage website displays (i.e. IDX or VOW), email blasts, multi-brokerage listing sharing
53
networks and applications available to the general public.
54(ii) Public marketing also includes marketing the Property to real estate agents outside Broker’s
55office.
56(iii) Place appropriate transaction signs on the Property, except if Paragraph 6(b)(i) is checked below.
57(iv) Use Seller’s name in connection with marketing or advertising the Property.
58
Display the Property on the Internet except the street address.
59(b) Not Publicly Market to the Public/Seller Opt-Out:
60
(i.)
Seller does not authorize Broker to display the Property on the MLS.
61(ii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), a For Sale sign will not be
62placed upon the Property and
63(iii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), Broker will be limited to
64marketing the Property only to agents within Broker’s office.
65________/__________ Initials of Seller
66(c) Obtain information relating to the present mortgage(s) on the Property.
67(d) Provide objective comparative market analysis information to potential buyers.
68
(e) (Check if applicable)
Use a lock box system to show and access the Property. A lock box does not
69ensure the Property’s security. Seller is advised to secure or remove valuables. Seller agrees that the lock
70box is for Seller’s benefit and releases Broker, persons working through Broker, and Broker’s local Realtor
71Board / Association from all liability and responsibility in connection with any damage or loss that occurs.
72
Withhold verbal offers.
Withhold all offers once Seller accepts a sales contract for the Property.
73(f) Act as a transaction broker.
74(g) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These
75websites are referred to as Virtual Office Websites (“VOWs”). An automated estimate of market value or
76reviews and comments about a property may be displayed in conjunction with a property on some VOWs.
77Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews
78about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or
79comments and reviews about this Property.
80
Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such
81estimate) to be displayed in immediate conjunction with the listing of this Property.
82
Seller does not authorize third parties to write comments or reviews about the listing of the Property (or
83display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property.
847. Seller Obligations: In consideration of Broker’s obligations, Seller agrees to:
85(a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to
86Broker all inquiries regarding the Property’s transfer, whether by purchase or any other means of transfer.
87(b) Recognize Broker may be subject to additional MLS obligations and potential penalties for failure to comply
88with them.
89(c) Provide Broker with keys to the Property and make the Property available for Broker to show during
90reasonable times.
91(d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property.
92(e) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature,
93including attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s
94negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; (3) the
95existence of undisclosed material facts about the Property; or (4) a court or arbitration decision that a broker
96who was not compensated in connection with a transaction is entitled to compensation from Broker. This
97clause will survive Broker’s performance and the transfer of title.
98(f) Perform any act reasonably necessary to comply with FIRPTA (Section 1445 of the Internal Revenue Code).
99(g) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not
100readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such
101material facts (local government building code violations, unobservable defects, etc.) other than the following:
102
______________________________________________________________________________________
103Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
104(h) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting
105requirements, and other specialized advice.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4.
1068. Compensation: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing,
107and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other
108terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax):
109 (a) __________% of the total purchase price plus $____________________ OR $____________________, no
110later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s
111fee being earned.
112 (b) __________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is
113exercised, Seller will pay Broker the Paragraph 8(a) fee, less the amount Broker received under this
114subparagraph.
115 (c) __________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or
116agreement to lease, whichever is earlier. This fee is not due if the Property is or becomes the subject of a
117contract granting an exclusive right to lease the Property.
118(d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by
119sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether
120the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the
121price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to
122
cancel an executed sales contract. (3) If, within ______ days after Termination Date (“Protection Period”),
123Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom
124Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date.
125However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another
126broker.
127 (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive ______% (50% if
128left blank) of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to
129exceed the Paragraph 8(a) fee.
1309. Cooperation with and Compensation to Other Brokers: Notice to Seller: The buyer’s broker, even if
131compensated by Seller or Broker, may represent the interests of the buyer. Broker’s office policy is to cooperate
132with all other brokers except when not in Seller’s best interest and to offer compensation in the amount of
133
% of the purchase price or $
to a single agent for the buyer;
% of the
_______________
134
purchase
price or $_______________ to a transaction broker for the buyer; and
______% of the purchase
price or $
to a broker who has no brokerage relationship with
buyer.
135
the
136
None
of the above. (If this
is checked, the Property cannot be placed in the MLS.)
13710. Brokerage Relationship: Broker will act as a transaction broker. Broker will deal honestly and fairly; will account
138for all funds; will use skill, care, and diligence in the transaction; will disclose all known facts that materially affect
139the value of the residential property which are not readily observable to the buyer; will present all offers and
140counteroffers in a timely manner unless directed otherwise in writing; and will have limited confidentiality with
141Seller unless waived in writing.
14211. Conditional Termination: At Seller’s request, Broker may agree to conditionally terminate this Agreement. If
143Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct
144 expenses incurred in marketing the Property, and pay a cancellation fee of $____________________ plus
145applicable sales tax. Broker may void the conditional termination, and Seller will pay the fee stated in Paragraph
1468(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property
147during the time period from the date of conditional termination to Termination Date and Protection Period, if
148applicable.
14912. Dispute Resolution: This Agreement will be construed under Florida law. All controversies, claims, and other
150matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be
151settled by first attempting mediation under the rules of the American Mediation Association or other mediator
152agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover
153reasonable attorney’s fees and costs, unless the parties agree that disputes will be settled by arbitration as follows:
Arbitration: By initialing in the space provided, Seller
154
(____)
(____), Sales Associate (____), and Broker (____)
155agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which
156the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator
157agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this
158Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney’s fees, and will
159equally split the arbitrator’s fees and administrative fees of arbitration.
16013. Miscellaneous: This Agreement is binding on Seller’s and Broker’s heirs, personal representatives,
161administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 4.
162Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations
163will be binding on Seller or Broker unless included in this Agreement. Electronic signatures are acceptable and
164will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals.
165The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees, and other categories
166of potential or actual transferees.
167 14. Additional Terms: __________________________________________________________________________
168______________________________________________________________________________________________
169______________________________________________________________________________________________
170______________________________________________________________________________________________
171______________________________________________________________________________________________
172______________________________________________________________________________________________
173______________________________________________________________________________________________
174______________________________________________________________________________________________
175______________________________________________________________________________________________
176______________________________________________________________________________________________
177______________________________________________________________________________________________
178______________________________________________________________________________________________
179______________________________________________________________________________________________
180
Seller’s Signature:
Date:
_______________________
181
Home Telephone:
Work Telephone:
Facsimile: ___________________
182
Address:
183
Email Address:
184
Date: _______________________
Facsimile:
185
186
187
Authorized Sales Associate or Broker:
_______________________________
188
Brokerage Firm Name:
Telephone:
189
_____________________________________________
190
191
Copy returned to Seller on
by
email
facsimile
mail
personal delivery.
_____________________
Florida REALTORS® makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR®. REALTOR® is a registered collective membership mark which may be used only be real estate licensees who are members of the NATIONAL ASSOICATION OF REALTORS® and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 4 of 4.
Completing the Florida Listing Agreement form is a straightforward process that requires careful attention to detail. After filling out the form, the next step typically involves submitting it to the broker and discussing the marketing strategy for the property. This ensures that both parties are aligned on expectations and obligations.
The Florida Listing Agreement form is a legal document that establishes a formal relationship between a property seller and a real estate broker. It grants the broker the exclusive right to sell the property under specified terms and conditions.
This term means that the broker has the sole authority to market and sell the property. Even if the seller finds a buyer independently, the broker is still entitled to their commission. This arrangement provides the broker with an incentive to invest time and resources into marketing the property effectively.
The agreement requires details such as:
The duration is specified in the agreement, starting from the execution date until the termination date. The agreement automatically extends if a sales contract is executed until the closing date.
The seller must:
The broker must make diligent efforts to sell the property, adhere to MLS rules, and market the property through various channels. They are also required to present all offers to the seller in a timely manner.
The agreement does not guarantee a sale. If the property does not sell by the termination date, the seller can choose to relist with the same broker or seek another broker. The seller will not owe a commission unless the property sells during the protection period, as specified in the agreement.
The seller agrees to compensate the broker as outlined in the agreement. This could be a percentage of the sale price or a flat fee, payable at closing. The broker's fee may also apply under certain conditions, such as if the seller transfers the property during the protection period.
Yes, the agreement is binding on both the seller and the broker. It remains effective until the termination date or until a sale is completed. Both parties must adhere to the terms outlined in the agreement.
Incomplete Information: Failing to provide all required details, such as the property address or legal description, can lead to confusion and delays in the selling process.
Missing Dates: Not specifying the start and termination dates of the agreement can create uncertainty about the duration of the listing.
Ignoring Occupancy Status: Not indicating whether the property is currently occupied can complicate showings and negotiations.
Vague Pricing Terms: Leaving the price and financing terms blank or unclear can hinder potential buyers and affect the sale.
Overlooking Seller Expenses: Failing to specify who will pay for closing costs or other expenses can lead to misunderstandings later in the transaction.
Neglecting MLS Participation: Not understanding the implications of placing the property in a Multiple Listing Service (MLS) can limit exposure to potential buyers.
Not Consulting Professionals: Skipping legal or tax consultations may lead to compliance issues or missed opportunities in the selling process.
Inadequate Disclosure: Failing to disclose known material facts about the property can result in legal repercussions after the sale.
Ignoring Broker Obligations: Not understanding the broker's responsibilities can lead to unmet expectations and dissatisfaction with the selling process.
The Florida Listing Agreement form is a crucial document for sellers and brokers in real estate transactions. Alongside this agreement, several other forms and documents are commonly utilized to ensure a smooth process. Below is a list of these accompanying documents, each serving a specific purpose in the transaction.
These documents, when used in conjunction with the Florida Listing Agreement, facilitate a clearer understanding of the transaction and help protect the interests of all parties involved. Properly managing these forms can lead to a more efficient and successful real estate experience.
The Florida Listing Agreement shares similarities with the Exclusive Agency Listing Agreement. Both documents grant the broker the authority to sell a property on behalf of the seller. However, the key difference lies in the seller's rights. In an Exclusive Agency Listing, the seller retains the right to sell the property independently without owing a commission to the broker. This can be appealing for sellers who are confident in their ability to market their property but still want professional assistance. The Florida Listing Agreement, on the other hand, provides the broker with an exclusive right to earn a commission regardless of who sells the property.
Another similar document is the Open Listing Agreement. Like the Florida Listing Agreement, it allows the broker to market and sell the property. However, the Open Listing Agreement is non-exclusive, meaning the seller can engage multiple brokers simultaneously. This type of agreement can create competition among brokers, but it may also lead to less commitment from any single broker, as they may not invest as much effort into marketing the property. The Florida Listing Agreement, in contrast, assures the broker that they will be compensated for their efforts, which can lead to a more dedicated marketing strategy.
The Exclusive Right to Lease Agreement also bears resemblance to the Florida Listing Agreement. While the former is focused on leasing property rather than selling it, both documents establish a formal relationship between the property owner and the broker. Each agreement outlines the terms of compensation and the broker's obligations. This ensures that the broker is motivated to find tenants for the property, similar to how the Florida Listing Agreement motivates the broker to find buyers. The key difference lies in the nature of the transaction—leasing versus selling.
Finally, the Buyer Representation Agreement is another document that aligns with the Florida Listing Agreement in terms of establishing a formal relationship. This agreement is between a buyer and a broker, where the broker agrees to assist the buyer in finding a property. Both agreements set clear expectations for the roles and responsibilities of each party. However, while the Florida Listing Agreement focuses on the seller's interests and the sale of a property, the Buyer Representation Agreement prioritizes the buyer's needs and the search for a suitable property. Each serves its purpose in facilitating real estate transactions effectively.
When filling out the Florida Listing Agreement form, it is important to adhere to certain guidelines to ensure accuracy and compliance. Below is a list of recommended actions to take and avoid.
Many people believe that signing this agreement ensures their property will sell. In reality, the agreement grants the broker the exclusive right to market the property, but it does not guarantee a sale will occur.
Some sellers assume that the broker will handle every aspect of marketing their property. While the broker has obligations to market the property, sellers are also expected to cooperate and may need to assist in providing access and information about the property.
Contrary to popular belief, sellers can influence how their property is marketed. They can specify limitations on public marketing and choose not to list their property on the Multiple Listing Service (MLS), if they wish.
Some sellers think that once the property is sold, they have no further obligations. However, the agreement specifies that sellers may remain liable for certain financial aspects, such as assumed mortgages, even after the sale is completed.
Not all brokers follow the same practices. The Florida Listing Agreement allows brokers to operate under their own policies, which may differ significantly from one brokerage to another. Sellers should inquire about specific broker policies and practices to ensure they understand how their property will be handled.
When filling out and using the Florida Listing Agreement form, consider these key takeaways:
Understanding these points can help ensure a smooth process when listing a property in Florida.