Florida Listing Agreement PDF Details

Navigating the complexities of selling a property in Florida requires attention to various details, among which the Florida Listing Agreement form is paramount. This document outlines the formal arrangements between a property seller and their chosen brokerage firm, granting the latter the exclusive right to sell the property under specified conditions. It delves into the seller's authority to sell, property description including any personal property included in the sale, pricing, terms, and even the detailed financial arrangements which may involve seller financing. Further provisions ensure the property is marketed effectively, stipulating obligations for both brokers and sellers to ensure maximum visibility and compliance with applicable laws, including nondiscriminatory practices. The form meticulously covers the compensation to the broker, conditions under which cooperation with other brokers occurs, the nature of the brokerage relationship, and dispute resolution mechanisms. By encompassing every facet from marketing rights, property descriptions, to obligations of all parties involved, and the procedure for resolution of disputes, the Florida Listing Agreement form provides a comprehensive roadmap for the sale process, safeguarding the interests of all involved to ensure a smooth transaction.

QuestionAnswer
Form NameFlorida Listing Agreement
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesmodification to listing agreement florida, listing agreement florida, florida real estate listing agreement, florida keller williams lishting agreement

How to Fill Out Exclusive Right of Sale Listing Agreement

Exclusive Right of Sale Listing Agreement at a glance

What it is: This Exclusive Right of Sale Listing Agreement ("Agreement") is between Seller and Broker.

Who signs: Seller's Signature, Date, Home Telephone, Work Telephone, Facsimile, Address and Email Address; the same lines for a second Seller's Signature; then Authorized Sales Associate or Broker, Date, Brokerage Firm Name, Telephone and Address. Copy returned to Seller on the date you enter by email, facsimile, mail or personal delivery.

A filled-in Exclusive Right of Sale Listing Agreement example: a seller lists a home for cash

Exclusive Right of Sale Listing Agreement example filled out, example: a seller lists a home for cash
Dana Sample, a seller, signs an exclusive listing agreement with a broker. The home is offered for cash at 450,000. The picture shows page 1, and all its values are invented. The agreement begins on March 1, 2027 and ends at 11:59 p.m. on August 31, 2027. The home is not currently occupied by a tenant, so the lease term stays empty in Description of Property. Dana will pay Broker 6% of the total purchase price. Nothing goes in Conditional Termination because Dana has not asked for one. Dana has not signed yet, so Signatures stays empty.

How to fill out Exclusive Right of Sale Listing Agreement, box by box

Authority to Sell Property

Exclusive Right of Sale Listing Agreement example filled out, authority to Sell Property

Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property described on the form, at the price and terms described on the form, beginning on the date you enter and terminating at 11:59 p.m. on the Termination Date you enter.

Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale.

Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements.

Description of Property

Exclusive Right of Sale Listing Agreement example filled out, description of Property

Under Description of Property, enter the Street Address, the Legal Description and the Personal Property, including appliances; the Legal Description and the Personal Property each have a See Attachment box.

Mark Property is or is not currently occupied by a tenant. If occupied, enter when the lease term expires.

Price and Terms

Exclusive Right of Sale Listing Agreement example filled out, price and Terms

The property is offered for sale on the following terms or on other terms acceptable to Seller: enter the Price, and mark the Financing Terms: Cash, Conventional, VA, FHA or Other (specify).

Seller Financing: Seller will hold a purchase money mortgage in the amount of $____ with the following terms.

Assumption of Existing Mortgage: Buyer may assume existing mortgage for $____ plus an assumption fee of $____. The mortgage is for a term of ______ years beginning in ______, at an interest rate of ______% fixed or variable (describe). Lender approval of assumption is required, is not required or unknown.

Notice to Seller: (1) You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. (2) You are advised to consult with a legal or mortgage professional to make this determination.

Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the purchase price and any other expenses Seller agrees to pay in connection with a transaction.

Broker Authority

Exclusive Right of Sale Listing Agreement example filled out, broker Authority

Seller authorizes Broker to: (a) Market the Property to the Public (unless limited in Paragraph 6(b)(i)): (i) Public marketing includes, but is not limited to, flyers, yard signs, digital marketing on public facing websites, brokerage website displays (i.e. IDX or VOW), email blasts, multi-brokerage listing sharing networks and applications available to the general public. (ii) Public marketing also includes marketing the Property to real estate agents outside Broker's office. (iii) Place appropriate transaction signs on the Property, except if Paragraph 6(b)(i) is checked. (iv) Use Seller's name in connection with marketing or advertising the Property.

Display the Property on the Internet except the street address.

Not Publicly Market to the Public/Seller Opt-Out: Seller does not authorize Broker to display the Property on the MLS.

Seller understands and acknowledges that if Seller checks option 6(b)(i), a For Sale sign will not be placed upon the Property and Broker will be limited to marketing the Property only to agents within Broker's office.

Check if applicable: Use a lockbox system to show and access the Property. A lockbox does not ensure the Property's security. Seller is advised to secure or remove valuables. Seller agrees that the lockbox is for Seller's benefit and releases Broker, persons working through Broker, and Broker's local Realtor Board / Association from all liability and responsibility in connection with any damage or loss that occurs.

Withhold verbal offers. Withhold all offers once Seller accepts a sales contract for the Property.

Compensation

Exclusive Right of Sale Listing Agreement example filled out, compensation

Seller will compensate Broker as specified in this section for procuring a buyer who is ready, willing, and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to Seller. (line number 106, 107)

Seller will pay Broker as follows (plus applicable sales tax): (a) __________% of the total purchase price plus $____ OR $____, no later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's fee being earned. (line number 108, 109, 110)

Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to cancel an executed sales contract. (3) If, within ______ days after Termination Date ("Protection Period"), Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date. However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another broker. (line number 117, 118, 119, 120, 121, 122, 123, 124, 125)

Retained Deposits: As consideration for Broker's services, Broker is entitled to receive ______% (50% if left blank) of all deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the Paragraph 8(a) fee. (line number 126, 127, 128)

Conditional Termination

Exclusive Right of Sale Listing Agreement example filled out, conditional Termination

Conditional Termination: At Seller's request, Broker may agree to conditionally terminate this Agreement. If Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct expenses incurred in marketing the Property, and pay a cancellation fee of $____ plus applicable sales tax. (line number 142, 143, 144)

Signatures

Exclusive Right of Sale Listing Agreement example filled out, signatures

Electronic signatures are acceptable and will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals. (line number 163)

More rules for Exclusive Right of Sale Listing Agreement

Broker agrees to make diligent and continued efforts to sell the Property in accordance with this Agreement until a sales contract is pending on the Property.

As a MLS participant, Broker is obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public (see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in the MLS unless Seller directs Broker otherwise in writing.

Seller Obligations: In consideration of Broker's obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. (c) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times. (d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property. (line number 84, 85, 88, 89, 90)

Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local government building code violations, unobservable defects, etc.) other than those listed on the lines. Seller will immediately inform Broker of any material facts that arise after signing this Agreement. (line number 98, 99, 100, 101, 102)

Common questions about Exclusive Right of Sale Listing Agreement

When is this form not the right one?

This standardized form should not be used in complex transactions or with extensive riders or additions.

Sources

[1] Florida Realtors Exclusive Right of Sale Listing Agreement, ERS-18tb Rev 5/20 (the served file; no issuer file found) (the Official source link on this page).

Please rate Florida Listing Agreement

1 Votes
If you believe this page is infringing on your copyright, please familiarize yourself with and follow our DMCA notice and takedown process - click here to proceed .