This AGREEMENT, is by and between Sand Dollar Realty Group, Inc., a Florida Corporation, BROKER, and (all owners' names) , OWNERS. Owners give Broker the Exclusive Right to Sell/Lease the real and personal property (collectively "Property") described as follows, at the price and terms described below. Real property described as follows: (property address or parcel #) ; and any personal property noted in the MLS's data entry form, MLS FORM. The MLS Form is incorporated into this Agreement as an addendum and integral part of this Agreement.
1. Time Period, Sales Terms, and Listing Plan---
(A) Expiration Date: The COMMENCEMENT DATE is the date this Agreement is executed by the Owners and delivered to the Broker. Unless specified elsewhere in this Agreement, the Expiration Date is 12 months from the Commencement Date on Property for sale -OR- 4 months from the Commencement Date on Property for rent.
(B) Asking Price: $ .
(C) Financing Terms (for sales): Cash, Conventional, VA, FHA, USDA, and other financing as specified on the MLS Form.
(D) Listing Plan: Basic 'For Sale' Listing Plan $299.00 -OR- Basic Rental Plan $149.00 --
In some instances additional fees may be charged by the local Multiple Listing Service, MLS, to input the listing. Broker will notify Owners of these fees prior to accepting the listing. All fees will be charged to Owners at the time of listing.
Deluxe Plan add-ons: CHECK A BOX FOR ANY SERVICES THAT YOU WANT TO ADD-ON
Pick up a coroplast For Sale sign from our office for free. -- OR --
Have it shipped to you for a $25 shipping fee.
Professional photo shoot. $150 for 25+ professional photos. (Video walk-throughs and aerial/drone shots are also available for additional fees.)
Electronic Realtor lockbox. $100 (for Orange and Seminole Counties). $150 (for E Lake, Osceola, NE Polk, and W Volusia Counties). Not available in other areas at this time.
Input the listing into an additional MLS. $100. (Either as an additional category i.e. commercial or income property, or into a regional or adjacent MLS system.)
Drafting and preparation of purchase contract. $200. (For when you find a buyer not represented by another Realtor.)
Upgrade to full service but at a discounted price. Call our office for specific details.
Additional service upgrades requested (please write in):
(E) Investment association or military discount. $50 discount off the Basic Listing Price for a total of $249.00. By checking the box in this paragraph, I certify that I am a current member of Central Florida Realty Investors (CFRI), currently on active duty with the United States military, or have listed another property with the Broker within the last 12 months. Commission amount to cooperating brokerages is not affected by this paragraph. All other terms and conditions of this Agreement remain the same. No discounts are available for rental listings.
2. Broker's Obligations---
(B) Internet Advertising and Virtual Office Websites. Owners authorize Broker to advertise the Property including its street address on the internet and various third party websites. Owners authorize advertising through Virtual Office Websites a/k/a VOW's. Owners authorize an automated estimate of the market value of the listing (or hyperlink to such estimate) to be displayed in immediate conjunction with the listing of this Property. Owners do not authorize third parties to write comments or reviews about the listing of the Property (or display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property. Owners understand that the MLS distributes the Property’s listing information to various third party websites. Broker has limited control over how these third party websites operate and display information.
(C) Changes to Listing. All changes to the listing by the Owners must be submitted in writing to the Broker. Broker will make an unlimited amount of changes during the duration of the listing. However Broker reserves the right to put a limit on the amount of changes to the listing if Broker determines that Owners are abusing this privilege.
(D) Showings and Offers. Owners hereby authorize Broker to provide showing instructions, including lockbox combinations, gate codes, alarm codes, and similar access information to other brokerages and their associates. Owners shall hold Broker and the MLS harmless from any liability resulting from this listing, the showing of Owners' Property by others, and the dissemination of any lockbox combinations, gate codes, alarm codes, and similar access information. Owners hereby waive any statutory requirement for Broker to present all offers and counteroffers to Owners and authorize Broker to notify other brokerages to present all offers and counteroffers directly to Owners.
(E) Pricing and Consultation. At Owners' request, Broker will assist Owners with the following: (1) Initial pricing of the Property by researching comps and preparing a simple comparable market analysis report; (2) Reviewing and evaluating any purchase offers that Owners receive; (3) Providing up to 30 minutes of consultation regarding the listing and the Property; (4) Providing blank contract and related addenda templates.
(F) Brokerage Relationship. The legal relationship between Broker and Owners shall be that of a Transaction Broker as defined in Chapter 475, Florida Statutes.
3. Owners' Obligations--- Owners hereby agree to comply with the following: (a) To cooperate with Broker in carrying out this Agreement in good faith. (b) To provide Broker with accurate information about the Property in order to place it in the MLS. (c) To indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature including attorney's fees and court costs and from liability to any person, that Broker incurs because of (1) Owner's negligence, representations, misrepresentations, actions, or inactions, (2) showing instructions and the use of a lockbox, (3) the existence of undisclosed material facts about the Property, (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker, (5) Owner providing photographs, videos, brochures, or other intellectual property that is copyrighted or otherwise owned by someone other than Owner, and/or (6) for any fines issued by the MLS due to Owners providing incorrect or untimely information to Broker (including not notifying Broker that a listing has gone pending or has sold within 2 days of the event occurring). (d) Upon closing of the Property to immediately pay Broker and any cooperating brokerage the agreed upon commissions described in this Agreement and to immediately provide Broker a signed copy of the purchase & sale contract and the closing statement. (e) To make all legally required disclosures. (f) To offer the Property to any person without regard to race, color, religion, sex, handicap, familial status, national origin, or any other class of persons protected by federal, state, or local law.
4. Commission--- Commission offered to buyer's brokers, transaction brokers, and non-representative brokers assisting in the sale or rental of the Property is: (if blank, fee is: 2.5% of the Purchase Price on Property For Sale -OR- 1-month's rent on Property For Rent). This fee is not due if Owners sell or lease the Property on their own without involving another brokerage. Owners hereby agree to pay said commissions at the time a sale or lease of the Property is closed and settled with any party where Broker or any other MLS cooperating broker is the procuring cause of the sale or lease, so long as the contract for sale or lease (or similar paperwork) is executed prior to the Expiration Date. If the closing is not disbursed through a licensed title agent or attorney, (1) Owners agree to pay said commission no later than 3 days after the closing is finalized, and (2) Owners hereby allow said commission to be deducted from any money held in escrow by Broker or cooperating brokerages. If Sand Dollar Realty Group, Inc. procures a purchaser or renter for the Property and closes the transaction, then Owner agrees to pay Broker the same compensation (as stated above) as they would to any other brokerage who procured a purchaser in addition to the listing fees described in this Agreement.
5. Termination--- Either Owners or Broker may terminate this Agreement for any reason by giving the other party 2 business days written notice. Broker will be required to withdraw the listing from the MLS within 2 business days of receipt of said notice of termination. If Owners decide to terminate the listing, the Owners shall submit the status change form and deliver it to Broker. Any fees previously paid by Owners to Broker shall be non-refundable unless agreed otherwise by both parties. If Broker decides to terminate the listing, all fees paid to Broker by Owners shall be refunded to Owners so long as Owners did not violate (or attempt to violate) the terms of this Agreement. Broker reserves the right to refuse any listing and to refuse the extension of any listing.
6. Extensions--- This Agreement may be extended with the written approval of both parties. If Owner has previously terminated the listing and later wants to re-activate it, this will be done at no charge as long as the Expiration Date of the previous listing has not already lapsed. If the Expiration Date has already lapsed, the listing must be re-activated as a brand new listing with a new listing fee paid in full. Existing for sale listings will be extended at $100 per 6-month period. Existing rental listings will be extended at $99 per 4-month period.
7. Miscellaneous--- (a) Any item in this Agreement found to be illegal shall be considered null and void, just as if it had never appeared in the Agreement, and it shall not affect the validity of any other item in this Agreement. The terms of this Agreement shall override any terms listed on our website or other communications. (b) Owners warrant that no other listing or marketing agreements or rights to advertise in the MLS are in effect on the Property as of the Commencement Date of this Agreement. Owners certify that Owners are legally entitled to convey the Property and all improvements. (c) Time is of the essence under this Agreement. (d) Plural references made to the parties in this Agreement may also be singular, and singular references may be plural. Any references to any particular gender shall apply to all genders. All terms of this Agreement also apply to both parties' heirs, personal representatives, successors, or assigns, as the case may be. (e) Owners hereby acknowledge and agree that Broker, its sales associates, agents, officers, principals, and employees are not performing foreclosure-related rescue services or acting as a foreclosure-rescue consultant as defined in Chapter 501.1377, Florida Statutes. (f) Owners hereby warrant that all photographs, videos, brochures, and other intellectual property provided to Broker are owned by the Owner and are not copyrighted or owned by anyone else unless written permission to use these is provided to Broker.
8. Affiliation Disclosure--- Sand Dollar Realty Group Inc. discloses that it or its principals has/have an equitable and/or ownership interest in Sand Dollar Referrals LLC T/A Housing Trust Realty, SDPM LLC T/A Sand Dollar Property Management, Brokers Title of Longwood I LLC, and related entities. Sand Dollar Realty Group Inc. is realizing a profit through its relationships with these companies. The Buyer and Owner are not obligated to use these companies or purchase their products as a condition of the sale, purchase, or rental of this Property.
9. Authorization--- Owners permit Broker to contact other parties to the transaction including other real estate brokerages and sales associates, buyers, tenants, title companies, attorneys, lenders, appraisers, inspectors, and related parties. Owners permit Broker to receive and authorize closing agents to provide Broker copies of the purchase & sale contract, addenda, disclosures, and closing statements related to the Property and the transaction.
BY SIGNING THEIR NAMES BELOW, OWNERS AND BROKER HEREBY AGREE TO ALL OF THE ABOVE TERMS AND CONDITIONS. OWNERS HAVE RECEIVED A SIGNED COPY OF THIS AGREEMENT ON THE DATE OF EXECUTION BELOW. THE BELOW SIGNATURE ALSO SHALL BE CONSIDERED APPLIED TO ANY REQUIRED SIGNATURES ON THE MLS FORM.