Florida Listing Agreement PDF Details

The Florida Listing Agreement is a legal agreement between a seller and a real estate broker. It lays out the expectations and responsibilities of both parties, and provides a framework for how the sale will take place. By understanding the terms of the Florida Listing Agreement, you can be better prepared to sell your home. This document is an important part of the real estate transaction, so it's crucial to understand what it entails. If you have any questions about the Florida Listing Agreement, be sure to speak with your broker.

We have collected some general facts about the florida listing agreement. Before you decide to complete the form, it can be worth examining a little more about it.

QuestionAnswer
Form NameFlorida Listing Agreement
Form Length4 pages
Fillable?Yes
Fillable fields151
Avg. time to fill out31 min 16 sec
Other namesexclusive right of sale listing agreement florida, conditional release listing agreement florida, listing agreement between seller and realtor, florida listing agreement

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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

 

____________________________________________________

See Attachment

 

 

 

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

 

 

 

is

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.

ERS-18tb Rev 5/20

© 2020 Florida Realtors®

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.

ERS-18tb Rev 5/20

© 2020 Florida Realtors®

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

Seller’s Signature:

 

 

 

 

 

 

 

 

 

 

 

Date: _______________________

 

 

 

 

 

 

 

 

 

 

 

 

Home Telephone:

 

 

 

Work Telephone:

 

 

 

 

Facsimile:

 

185

 

 

 

 

 

 

___________________

186

Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

187

Email Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Authorized Sales Associate or Broker:

 

 

 

 

 

 

_______________________________

Date:

 

 

188

_______________________

 

Brokerage Firm Name:

 

Telephone:

 

189

_____________________________________________

___________________

190

Address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

ERS-18tb Rev 5/20

© 2020 Florida Realtors®

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