Florida Listing Agreement 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 fields137
Avg. time to fill out28 min 28 sec
Other namesflorida listing agreement, list agreement form, listing agreement between seller and realtor, florida real estate listing agreement

Form Preview Example

Exclusive Right of Sale Listing Agreement

FloRIDA ASSoCIAtIoN oF REAltoRS®

1this Exclusive Right of Sale listing Agreement (“Agreement”) is between

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_________________________________________________________________________________________________ (“Seller”) and

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___________________________________________________________________________________________________ (“Broker”).

41. AUTHORITY TO SELL PROPERTY: Seller gives Broker the EXClUSIVE RIGHt to SEll the real and personal property

5* (collectively “Property”) described below, at the price and terms described below, beginning the ________ day of

6* ______________________, _______, and terminating at 11:59 p.m. the _________ day of _______________________, _______

7 (“termination Date”). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this 8 Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker

9 acknowledge that this Agreement does not guarantee a sale. this Property will be offered to any person without regard to race, 10 color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law. Seller 11 certifies and represents that he/she/it is legally entitled to convey the Property and all improvements.

122. DESCRIPTION OF PROPERTY:

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(a) Real Property Street Address: ______________________________________________________________________________

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___________________________________________________________________________________________________________

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legal Description:___________________________________________________________________________________________

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___________________________________________________________________________ See Attachment _______________

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(b) Personal Property, including appliances:_____________________________________________________________________

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___________________________________________________________________________________________________________

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___________________________________________________________________________ See Attachment _______________

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(c) occupancy: 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:

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(a) Price: ____________________________

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(b) Financing Terms: Cash Conventional VA FHA other _______________________________________________

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Seller Financing: Seller will hold a purchase money mortgage in the amount of $____________________________ with the

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following terms: _____________________________________________________________________________________________

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Assumption of Existing Mortgage: Buyer may assume existing mortgage for $________________________________ plus

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an assumption fee of $______________________. the mortgage is for a term of _________ years beginning in __________, at

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an interest rate of ___________% fixed variable (describe) ___________________________________________________

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lender approval of assumption is required is not required unknown. Notice to Seller: You may remain liable for an

30assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your

31liability. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will

32convey the escrow deposit to the buyer at closing.

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(c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ___________% of the purchase

34price; and any other expenses Seller agrees to pay in connection with a transaction.

354. BROKER OBLIGATIONS AND AUTHORITY: Broker agrees to make diligent and continued efforts to sell the Property until

36a sales contract is pending on the Property. Seller authorizes Broker to:

37(a) Advertise the Property as Broker deems advisable including advertising the Property on the Internet unless limited in

38(4)(a)(i) or (4)(a)(ii) below.

39(Seller opt-out)(Check one if applicable)

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(i) Display the Property on the Internet except the street address of the Property shall not be displayed on the Internet.

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(ii) Seller does not authorize Broker to display the Property on the Internet.

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Seller understands and acknowledges that if Seller selects option (ii), consumers who conduct searches for listings on

43the Internet will not see information about the listed property in response to their search.

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_______/________ Initials of Seller.

45(b) Place appropriate transaction signs on the Property, including “For Sale” signs and “Sold” signs (once Seller signs a sales

46contract) and use Seller’s name in connection with marketing or advertising the Property.

47(c) obtain information relating to the present mortgage(s) on the Property.

48(d) Place the Property in a multiple listing service (“MlS”). Seller authorizes Broker to report to the MlS this listing

49information and price, terms and financing information on any resulting sale for use by authorized Board / Association

50members, MlS participants and subscribers; and

51* Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 4 Pages.

ERS-14tb Rev. 11/09 © 2009 Florida Association of REAltoRS® All Rights Reserved

52(e) Provide objective comparative market analysis information to potential buyers; and

53* (f) (Check if applicable) Use a lock box system to show and access the Property. A lock box does not ensure the

54Property’s security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller’s benefit and

55releases Broker, persons working through Broker and Broker’s local Realtor Board / Association from all liability and

56* responsibility in connection with any loss that occurs. Withhold verbal offers. Withhold all offers once Seller accepts a

57sales contract for the Property.

58(g) Act as a transaction broker of Seller.

59( h) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. these websites are

60referred to as Virtual office Websites (“VoW”). An automated estimate of market value or reviews and comments about a

61property may be displayed in conjunction with a property on some VoWs. Anyone who registers on a Virtual office Website

62may gain access to such automated valuations or comments and reviews about any property displayed on a VoW. Unless

63limited below, a VoW may display automated valuations or comments/reviews (blogs) about this Property.

64* Seller does not authorize an automated estimate of the market value of the listing (or hyperlink to such estimate) to be

65displayed in immediate conjunction with the listing of this Property.

66* Seller does not authorize third parties to write comments or reviews about the listing of the Property (or display a hyperlink

67to such comments or reviews) in immediate conjunction with the listing of this Property.

685. SELLER OBLIGATIONS: In consideration of Broker’s obligations, Seller agrees to:

69(a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all

70inquiries regarding the Property’s transfer, whether by purchase or any other means of transfer.

71(b) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times.

72(c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property.

73(d) Indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including

74attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s negligence, representations,

75misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the

76Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is

77entitled to compensation from Broker. this clause will survive Broker’s performance and the transfer of title.

78(e) to perform any act reasonably necessary to comply with FIRPtA (Internal Revenue Code Section 1445).

79(f) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not readily

80observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local

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government building code violations, unobservable defects, etc.) other than the following: ______________________________

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___________________________________________________________________________________________________________

83Seller will immediately inform Broker of any material facts that arise after signing this Agreement.

84(g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements

85and other specialized advice.

866. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to

87purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to

88Seller. Seller will pay Broker as follows (plus applicable sales tax):

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(a) _____________ % of the total purchase price plus $____________________ oR $____________________, no later than

90the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s fee being earned.

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(b) _____________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is exercised,

92Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph.

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(c) _____________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to

94lease, whichever is soonest. this fee is not due if the Property is or becomes the subject of a contract granting an exclusive

95right to lease the Property.

96(d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease,

97exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by

98Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement,

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defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within ______ days after

100termination Date (“Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any

101prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to termination Date.

102However, no fee will be due Broker if the Property is relisted after termination Date and sold through another broker.

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(e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive _______% of all deposits that

104Seller retains as liquidated damages for a buyer’s default in a transaction, not to exceed the paragraph 6(a) fee.

1057. COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker’s office policy is to cooperate with all other

106* brokers except when not in Seller’s best interest: and to offer compensation in the amount of _____________% of the

107* purchase price or $_____________ to Buyer’s agents, who represent the interest of the buyers, and not the interest of Seller in

108* Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages.

ERS-14tb Rev. 11/09 © 2009 Florida Association of REAltoRS® All Rights Reserved

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a transaction; and to offer compensation in the amount of _____________% of the purchase price or $_____________ to a

broker who has no brokerage relationship with the Buyer or Seller; and to offer compensation in the amount of

____________% of the purchase price or $_____________ to transaction brokers for the Buyer; None of the above (if this is

checked, the Property cannot be placed in the MlS.)

1138. BROKERAGE RELATIONSHIP: Under this Agreement, Broker will be acting as a transaction broker. Broker will deal

114honestly and fairly with Seller, will account for all funds, will use skill, care, and diligence in the transaction, will disclose all

115known facts that materially affect the value of the residential property which are not readily observable to the buyer, will present

116all offers and counteroffers in a timely manner unless directed otherwise in writing and will have limited confidentiality with Seller

117unless waived in writing.

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9.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. Broker may void the conditional termination and Seller will pay the fee stated in paragraph 6(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property during the time period from the date of conditional termination to termination Date and Protection Period, if applicable.

10.DISPUTE RESOLUTION: this Agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Mediation Association or other mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable 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 (_____) (_____), listing Associate (_____) and listing Broker (_____) agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this Agreement or an arbitration award) will pay its own fees, costs and expenses, including attorney’s fees, and will equally split the arbitrators’ fees and administrative fees of arbitration.

13411. MISCELLANEOUS: this Agreement is binding on Broker’s and Seller’s heirs, personal representatives, administrators,

135successors and assigns. Broker may assign this Agreement to another listing office. this Agreement is the entire agreement

136between Broker and Seller. No prior or present agreements or representations shall be binding on Broker or Seller unless

137included in this Agreement. Signatures, initials and modifications communicated by facsimile will be considered as originals.

138the term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees and other categories of potential

139or actual transferees.

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12.ADDITIONAL TERMS: _____________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

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157* Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 4 Pages.

ERS-14tb Rev. 11/09 © 2009 Florida Association of REAltoRS® All Rights Reserved

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Date: ________________ Seller’s Signature: ______________________________

tax ID No: __ __ __ - __ __ - __ __ __ __

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Home telephone: _______________________ Work telephone: _______________________ Facsimile: _____________________

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Address: ___________________________________________________________________________________________________

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Date: ________________ Seller’s Signature: ______________________________

tax ID No: __ __ __ - __ __ - __ __ __ __

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Home telephone: _______________________ Work telephone: _______________________ Facsimile: _____________________

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Address: _____________________________________________________________________________________________________

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Date: _______________ Authorized Listing Associate or Broker: ___________________________________________________

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Brokerage Firm Name: ______________________________________________________ telephone: _______________________

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Address: ____________________________________________________________________________________________________

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Copy returned to Customer on the _____ day of ________________, ______ by: personal delivery mail E-mail facsimile.

the Florida Association of 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 a REAltoR®. REAltoR® is a registered collective membership mark which may be used only by real estate licensees who are members of the NAtIoNAl ASSoCIAtIoN oF REAltoRS® and who subscribe to its Code of Ethics.

the copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms.

168* Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 4 of 4 Pages.

ERS-14tb Rev. 11/09 © 2009 Florida Association of REAltoRS® All Rights Reserved

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