Florida Listing Agreement – Fill Out and Use This PDF

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

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.

59(b) Not Publicly Market to the Public/Seller Opt-Out:

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.

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.

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.

81estimate) to be displayed in immediate conjunction with the listing of this Property.

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:

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.

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

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

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:

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

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: __________________________________________________________________________

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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.