Nefmls Form – Fill Out and Use This PDF

42Items specifically excluded from this Agreement: _______________________________________________

43______________________________________________________________________________________

44______________________________________________________________________________________

45______________________________________________________________________________________

46______________________________________________________________________________________

473. TERMS: The Property is to be offered for sale upon the following terms and conditions:

48(A) Listing price: $

								/			initials of SELLER
49	If SELLER changes the listing price review paragraph 4 again.
50	(B) Method of payment: [ ] Cash			[	] Financing as follows: [ ] Conventional loan					[ ] USDA loan
51	[	] VA loan [ ] FHA loan		[	] SELLER financing (if marked, attach Seller Financing Addendum)
52	[	] Mortgage assumption (if marked, attach Mortgage Assumption Addendum)

53(C) SELLER EXPENSES: SELLER agrees to pay:

54(1) Closing Costs: deed stamps, owner’s title insurance policy, title search, closing attorney/settlement

55fee, real estate brokerage fee(s), survey, satisfaction(s) of mortgage(s) and recording fee(s), SELLER’s

56courier fees, repairs, replacements and treatments that may be agreed upon by SELLER and a buyer

57after the appraisal and property inspection(s), [ ] one year home warranty (mark if applicable), [ ] other

58(specify, such as amount of SELLER contributions towards closing costs and prepaids etc.)

59

60

61

62(2) All other charges required by the buyer’s lender in connection with the buyer’s loan(s) which the buyer

63is prohibited from paying by law or regulation.

64(3) Condominium and homeowners’ association estoppel/statement fees payable upon request by the

65closing attorney/settlement agent.

66(4) All mortgage payments, condominium and homeowners’ association fees and assessments, costs to

67cure all association violations, taxes, Community Development District (CDD) fees and public

68body/government special assessments due and payable shall be paid current at SELLER’s expense at

69the time of closing.

70(D) PRORATIONS: All taxes, rents, condominium and homeowners’ association fees, solid waste

71collection/disposal fees, stormwater fees, and CDD fees will be prorated through the day before closing based on

72the most recent information available to the closing attorney/settlement agent, using the gross tax amount for

73estimated tax prorations.

74(E) POSSESSION

75	[	] Buyer will be given possession at closing.
76	[	] Buyer will be given possession within ___ days after the date of closing at no rental cost to SELLER.

77If possession is to be delivered before or after closing, the buyer and SELLER shall execute a separate

78possession agreement prepared by legal counsel at possessor’s expense at least 5 days before date of closing

79on terms reasonably acceptable to the buyer and SELLER.

80	[	] SELLER represents that there are no parties in possession other than SELLER.
81	[	] The Property is available for rent or rented and the tenant may continue in possession following date of

82closing unless otherwise agreed in writing between the landlord and tenant. Within 5 days after date of

83acceptance of a purchase and sale agreement SELLER shall provide the buyer with a copy of all current leases

84and rent rolls for the Property and deliver to the buyer originals of same at closing. At closing, all tenant deposits

85will be transferred from SELLER to the buyer and any leases shall be deemed to have been assigned by

86SELLER to buyer and the obligations thereunder assumed by the buyer.

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87	If the Property is rented, the lease term expires on_____________________; the rent due date is the		____
88	day of the month; the rental amount is $______________ per month; and the security deposit is $		___

89(F) If possession will be given to the buyer at or before closing, SELLER shall sweep the Property clean and

90remove all personal property not included in the sale by time of possession by buyer or closing, whichever occurs

91first.

924. FINANCIAL REPRESENTATIONS: At least one of the following paragraphs must be initialed for the

93listing to be placed in NEFMLS.

94(A) SELLER represents that the listing price will produce sufficient funds to satisfy all mortgages and liens

95encumbering the Property and pay all closing costs described in paragraph 3 hereof.

96_______/________initials of SELLER

97(B) SELLER represents that the listing price may NOT produce sufficient funds to satisfy all mortgages and

98liens encumbering the Property and pay all closing costs described in paragraph 3 hereof but SELLER has

99readily available funds to satisfy same and will satisfy same at closing. _______/________initials of

100SELLER

101(C) SELLER represents that the listing price will NOT produce sufficient funds to satisfy all mortgages and

102liens encumbering the Property and pay all closing costs described in paragraph 3 hereof and that SELLER

103does not have funds available to pay the deficiency. Lender, other encumbrance holders, and/or court

104approval may be required. _______/________initials of SELLER

105The Listing Agreement SHORT SALE/PRE-FORECLOSURE Addendum is REQUIRED and is attached if

106paragraph 4C is initialed.

107(D) SELLER represents that SELLER is not current on the payment of all mortgages and other encumbrances

108on the Property, meaning that this is a PRE-FORECLOSURE property and the encumbrance holder has

109provided notice of possible foreclosure proceedings or has already filed foreclosure proceedings. Lender,

110other encumbrance holders, and/or court approval may be required. _______/________initials of SELLER

111The Listing Agreement SHORT SALE/PRE-FORECLOSURE Addendum is REQUIRED and is attached if

112paragraph 4D is initialed.

113(E) SELLER has acquired ownership to the Property through Foreclosure Proceedings. SELLER hereby

114authorizes Broker to disclose, advertise, and market the Property publicly as a “FORECLOSED /

115FORECLOSURE / etc” Property as permitted in the NEFMLS system, in other public marketing media, and

116as part of any signage advertising the Property. SELLER acknowledges that this disclosure, advertising and

117marketing may be provided to the general public and displayed on public websites. _______/_______

118initials of SELLER

119IF ANY OF THE REPRESENTATIONS MADE ABOVE CHANGE FOR ANY REASON, SELLER AGREES TO

120IMMEDIATELY NOTIFY BROKER IN WRITING AND TO UPDATE THE FINANCIAL REPRESENTATIONS AS

121APPROPRIATE.

1225. BROKER OBLIGATIONS AND AUTHORITY:

123(A) SELLER [ ] consents [ ] does not consent to the utilization of a Northeast Florida Association of

124REALTORS, Inc. (“NEFAR”) authorized lock box system. _______/________initials of SELLER. If SELLER

125consents to the utilization of a NEFAR authorized lock box system, see Lock Box Addendum.

126(B) SELLER authorizes BROKER to [ ] Withhold verbal offers [ ] Withhold all offers after SELLER accepts a

127purchase and sale agreement unless it is a short sale.

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128(C) SELLER authorizes and BROKER agrees to: (1) cause the Property to be photographed, place the Property

129and the photograph(s) in NEFMLS and to report to NEFMLS the terms and financing information on any resulting

130sale for use and distribution by NEFMLS and NEFAR; (2) provide timely notice of status changes of the listing to

131NEFMLS and provide sales information including selling price to NEFMLS upon sale of the Property; (3) if

132BROKER desires, place appropriate sign(s) on the Property if permissible; (4) advertise the Property as BROKER

133deems advisable except if limited in paragraph 4 or 5; (5) order and obtain all items necessary to close on the

134sale of the Property including, but not limited to, title insurance, survey, home warranty; (6) at BROKER’s option,

135use SELLER’s name in connection with marketing and advertising of the Property, before and after the sale; and

136(7) obtain any information relating to the present encumbrances on the Property. SELLER hereby grants to

137NEFMLS, NEFAR and BROKER the unlimited right to use, publish, disseminate, sell and license to others all

138text, graphics, photos, videos, virtual tours, documents and any other types of data entered into the NEFMLS

139system, and SELLER hereby releases to NEFMLS, NEFAR and BROKER all of the SELLER’S interests in all

140intellectual property rights therein, and SELLER agrees to indemnify and hold them harmless from all losses,

141damages, costs, and expenses, including reasonable attorneys’ fees, which may be incurred because of third

142party claims concerning intellectual property rights, which indemnity and hold harmless will survive performance

143of this Agreement by BROKER, termination of this Agreement and the closing of the sale of the Property.

144SELLER understands and agrees that public websites determine their own content and use of data, and therefore

145NEFMLS, NEFAR and BROKER have no control over any electronic display and no obligation to remove any of

146the above content from any electronic display at any time.

147(D) ELECTRONIC DISPLAY (mark one of the following):

148 [ ] SELLER authorizes BROKER to display all listing content relating to the Property on any electronic display

149without restriction except that information deemed confidential by NEFMLS.

150 [ ] SELLER authorizes BROKER to display all listing content relating to the Property on any electronic display

151without restriction except that information deemed confidential by NEFMLS and the street address of the

152Property.

153If either of the above two boxes are marked, then SELLER must complete both of the following two selections:

154	SELLER [ ] does [ ] does not allow an electronic display to perform and display an Automated Valuation Model

155(AVM) estimate of the market value of the Property or to link to any display to obtain such estimate.

156	SELLER [ ] does [ ] does not allow third parties to write comments, reviews or blogs concerning the Property,

157or to link to an electronic display to obtain such comments, reviews or blogs on an electronic display.

158 [ ] SELLER does not authorize BROKER to display listing content relating to the Property on an electronic

159display except internally within the NEFMLS system. SELLER understands and acknowledges that if SELLER

160has selected this option consumers who conduct searches for listings on an electronic display will not see

161information about the Property in response to their search. _______/________initials of SELLER

162 [ ] If SELLER withholds consent for listing content display on all electronic displays except BROKER’s, BROKER

163may take the listing but it is not eligible for inclusion in NEFMLS._______/_______initials of SELLER

1646. SELLER OBLIGATIONS: SELLER agrees to: (A) cooperate with BROKER in carrying out the purposes of this

165Agreement, and to refer immediately to BROKER all inquiries regarding the sale of the Property; (B) provide

166BROKER with keys to the Property and make the Property available to BROKER to show during reasonable

167times; (C) make the Property available to a buyer, buyer representative, buyer’s broker, buyer’s licensed

168inspectors/contractors, and appraisers for inspections and investigations during the time provided in the purchase

169and sale agreement and to keep utilities active until closing; (D) inform BROKER prior to leasing, mortgaging or

170otherwise encumbering the Property, including advances on any home equity line of credit, or filing

171bankruptcy; (E) indemnify and hold BROKER harmless from all losses, damages, costs and expenses of any

172nature, including reasonable attorney’s fees, and from liability to any person which BROKER incurs because of

173SELLER’s negligence, representations, misrepresentations, actions, inactions, use of a lock box, and the

174existence of facts materially affecting the value of the Property, which indemnity and hold harmless will survive

175performance of this Agreement by BROKER, termination of this Agreement and the closing of the sale of the

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216attorney/settlement agent to disburse at closing all compensation to brokers payable hereunder.

217The brokerage compensation is due in the following circumstances: (1) if any interest in the Property is

218transferred, whether by sale, exchange, governmental action, bankruptcy or any other means of transfer,

219regardless of whether the buyer is secured by BROKER, SELLER or any other person or entity; (2) if SELLER

220refuses or fails to sign an offer at the price and terms stated in this Agreement or any amendments to this

221agreement, fails to perform or defaults on an executed purchase and sale agreement, or agrees with buyer to

222cancel an executed purchase and sale agreement without BROKER’S written consent. If there is a conveyance of

223the Property within 12 months after termination of this Agreement to any person or entity to whom the Property

224has been shown during the term of this Agreement, including any extension(s) hereof, SELLER will pay the full

225brokerage compensation to BROKER on demand. However, no brokerage compensation will be due BROKER if,

226after this Agreement is terminated, the Property is listed with another broker and sold through that broker. In any

227sale of the Property, permission is given to BROKER to represent and receive brokerage compensation from both

228a buyer and SELLER. Notwithstanding the foregoing, in the event the Property is rented or leased during the term

229of this Agreement or within 12 months after termination of this Agreement to any person or entity to whom the

230Property has been shown during the term of this Agreement, including any extensions(s) hereof, SELLER will pay

231BROKER a rental or leasing fee of _____% of the gross rentals paid or to be paid, or a flat fee of $___________,

232whichever is greater, on the date SELLER enters into a lease or an agreement to lease, whichever is earlier;

233however, no rental or leasing fee will be due BROKER if, after this Agreement is terminated, the Property is listed

234with another broker and rented or leased through that broker. If there is a conveyance of title of the Property to

235any such person or entity (tenant) within 12 months from the termination of any lease or rental agreement or

236extensions thereof, SELLER will pay BROKER the full brokerage compensation on demand. The aforementioned

237brokerage compensation is fair and reasonable and a result of arm’s length negotiations. Closing is not a

238prerequisite for the brokerage compensation being earned and payable to BROKER.

2399. DAMAGES: SELLER and BROKER acknowledge that damages suffered by BROKER in the event SELLER

240cancels this Agreement or otherwise prevents performance hereunder prior to BROKER finding a buyer ready,

241willing and able to purchase the Property are unascertainable at the present time, and that BROKER will incur

242damages, such as expenses for overhead, advertising, transportation and time. Accordingly, in the event this

243Agreement is canceled by SELLER or SELLER otherwise prevents performance hereunder prior to BROKER

244finding a buyer ready, willing and able to purchase the Property, SELLER agrees to pay BROKER on demand, as

245liquidated damages, _______% of the then current listing price or $____________________________________,

246the same being bonafide, fair and reasonable, and a result of arm’s length negotiations.

24710. DISPUTES AND WAIVER OF JURY TRIAL: All controversies and claims between SELLER and BROKER,

248directly or indirectly, arising out of or relating to this Agreement or the Property will be determined by non-jury trial.

249SELLER and BROKER hereby knowingly, voluntarily and intentionally waive any and all rights to a trial by jury in

250any litigation, action or proceeding involving SELLER or BROKER, whether arising directly or indirectly from this

251Agreement or the Property or relating thereto. Each party will be liable for its own costs and attorney’s fees.

252Notwithstanding the foregoing, in the event of a dispute between the buyer and SELLER as to entitlement to the

253binder deposit(s), the holder of the binder deposit(s) may file an interpleader action in accordance with applicable

254law to determine entitlement to the binder deposit(s), and the interpleader’s attorney’s fees and costs shall be

255deducted from the binder deposit(s) and assessed against the non-prevailing party, or the broker holding the

256binder deposit(s) may request the issuance of an escrow disbursement order from the Florida Division of Real

257Estate and, in either event, SELLER agrees to be bound thereby and shall indemnify and hold harmless the

258holder of the binder deposit(s) from all losses, damages, costs, and expenses, including reasonable attorneys’

259fees upon disbursement in accordance therewith. As used in this Paragraph 10, BROKER means BROKER and

260all of Broker’s licensees.

26111. MATERIAL FACTS AND DEFECTS: SELLER represents that SELLER has no knowledge of facts materially

262affecting the value of the Property other than those which the buyer can readily observe except

263_____________________________________________________________. SELLER further represents that the

264Property is not now and will not prior to closing be subject to a municipal or county code enforcement proceeding

265and that no citation has been issued except________________________________________________________

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266(If the Property is or becomes subject to such a proceeding prior to closing, SELLER shall comply with Florida

267Statutes 125.69 and 162.06, notwithstanding anything contained within said Statutes to the contrary. SELLER

268shall be responsible for compliance with applicable codes and all orders issued in such proceeding unless

269	otherwise agreed to between the parties in a purchase and sale agreement.) SELLER has received no written or

270verbal notice from any governmental entity as to uncorrected building, environmental or safety code violations,

271and SELLER has no knowledge of any repairs or improvements made to the Property not in compliance with

272governmental regulations/permitting except

273

274

275

276

277To the best of SELLER’S knowledge, the Property:

278	[ ] was [ ] was not built prior to 1978. If the Property was built prior to 1978, the Lead Based Paint

279Disclosure is required to be part of any purchase and sale agreement.

280

[ ] is

[ ] is not

located either partially or totally seaward of the Coastal Construction Control Line

281(CCCL) as defined in Florida Statute 161.053. If the Property is located seaward of the CCCL, the Coastal

282Construction Control Line Disclosure is required to be part of any purchase and sale agreement.

28312. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: There are no agreements, promises or

284understandings, either expressed or implied, between SELLER and BROKER other than those specifically set

285forth herein. This Agreement is not binding until it is signed and delivered by SELLER and BROKER including by

286electronic media such as facsimile or email. Any written communication or notice between BROKER and

287SELLER may be sent by facsimile or email. This Agreement may be signed in counterparts. Modifications to this

288Agreement will not be binding unless in writing, signed and delivered by SELLER and BROKER, except

289modifications communicated by email do not require a signature of SELLER or BROKER. If any SELLER is

290married and BROKER has not been notified in writing by any SELLER that divorce proceedings are

291pending, any modification to this Agreement and/or communication (including without limitation price

292changes, extensions and changes to NEFMLS listing information) from either spouse shall be deemed

293binding on the other spouse and may be relied upon by BROKER, and SELLER hereby appoints

294SELLER’s spouse as attorney in fact for these purposes. Headings are for reference only and shall not be

295deemed to control interpretations. If any provision of this Agreement is or becomes invalid or unenforceable, all

296remaining provisions will continue to be fully effective. All references to a time of day shall be Eastern Time.

297TIME IS OF THE ESSENCE IN THIS AGREEMENT. SELLER represents that all prior agreements regarding the

298sale of the Property have been terminated. The Property is to be offered to any person without regard to race,

299color, religion, sex, handicap, familial status, national origin, sexual orientation or gender identity. This is a legal

300contract and binds SELLER and the heirs, legal representatives, successors and assigns of SELLER and the

301assigns of BROKER. BROKER may terminate this Agreement without cause upon 24 hours written notice to

302SELLER. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue

303for any litigation shall be in the county where the listing office is located.

304Neither BROKER nor BROKER’s licensees are experts in legal and tax matters. BROKER advises SELLER

305to seek professional legal, tax and financial advice regarding this transaction.

30613. BROKERAGE RELATIONSHIP: Under this Agreement, BROKER will act as a transaction broker. BROKER

307will deal honestly and fairly with SELLER, will account for all funds, will use skill, care and diligence in the

308transaction, will disclose all known facts that materially affect the value of the Property, if residential, which are not

309readily observable to the buyer, will present all offers and counteroffers in a timely manner unless SELLER directs

310BROKER to do otherwise in writing, and BROKER will have limited confidentiality with SELLER unless waived in

311writing.

31214. ADDITIONAL TERMS AND CONDITIONS:

313

314

315

316

317

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