"EXCLUSIVE RIGHT TO SELL" LISTING AGREEMENT 

 

DISCLAIMER:   THE PARTIES ENTERING INTO THIS AGREEMENT MUST HOLD TITLE TO THE REAL PROPERTY BEING LISTED FOR SALE. THE PARTIES ENTERING INTO THIS AGREEMENT MUST BE THE ONLY PARTIES THAT HOLD TITLE OR AN INTERST IN THE REAL PROPERTY BEING LISTED FOR SALE. THE PARTIES ENTERING INTO THIS AGREEMENT MUST HAVE THE AUTHORITY TO SELL THE REAL PROPERTY BEING LISTED FOR SALE.  PARTIES IN VIOLATION OF THE PRECEEDING MAY BE SUBJECT TO MONETARY AND LEGAL PENALTIES AS DESCRIBED FURTHER BELOW. 

 

DISCLAIMER:  LISTED SIMPLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE PROPERTY IDENTIFIED HEREIN WILL BE SOLD AS A RESULT OF ENTERING INTO THIS AGREEMENT OR ANY OTHER AGREEMENT OR SERVICE SELLER HAS COMMISSIONED FROM LISTED SIMPLY.  NO STATEMENT MADE ON LISTEDSIMPLY.COM SHALL BE CONSTRUED AS A GUARANTEE OF THE SALE OF THE PROPERTY.

 THIS AGREEMENT concerns the sale of the following property:

 

[PROPERTY INFORMATION FORM on WEBSITE; SELLER’s ONLINE LISTING]

 

In consideration of the mutual covenants and agreements herein contained, the undersigned owners (“SELLER”) of the property identified in the form above (“Property”) and Capital Realty Group, Inc. dba Listed Simply (“LISTED SIMPLY”) agree as follows (SELLER and LISTED SIMPLY are sometimes hereinafter collective referred to as the “PARTIES” or individually as “PARTY”):

 

1. GENERAL PROVISIONS
   Purpose of Agreement. While the Property is active on the Multiple Listing Service (“MLS”), LISTED SIMPLY has an "Exclusive Right To Sell" listing agreement with a fiduciary duty to the seller.

1.2. Seller’s Authority.  SELLER warrants the following; SELLER has the right, ability, and authority to enter into this Listing Agreement and any subsequent contracts arising from this Listing Agreement in relation to the sale of the Property,  to execute any necessary documents to convey the title to the Property, including but not limited to the Deed conveying title to the Property to a buyer, that no other party holds an interest in the Property, and; authorization from a third party is not necessary to sign this Listing Agreement or any document or contract related to the sale of the Property.

1.3. Communication with Potential Buyers. SELLER agrees that all communication with potential buyers and/or agents or brokers that have obtained information about the Property or obtained SELLER’S contact information via the MLS listing uploaded by LISTED SIMPLY must be done in accordance with this Listing Agreement.  LISTED SIMPLY has no liability for claims or disputes that may arise between SELLER and any potential buyer, buyers and/or agents or brokers arising from communications outside of the LISTED SIMPLY website or that LISTED SIMPLY has not been made aware of or consented to. SELLER agrees to indemnify, defend and hold LISTED SIMPLY harmless and pay all costs, fees, attorneys’ fees, and/or fines incurred by LISTED SIMPLY as a result of any party initiating a claim, lawsuit, or any alternative dispute resolution involving LISTED SIMPLY and that are a result of SELLER’S attempted transfer of the Property and/or communications between SELLER and a buyer that LISTED SIMPLY has not consented to by LISTED SIMPLY.

1.4. No Simultaneous Listing of Property.  SELLER hereby agrees that the Property will not be entered into a simultaneous or future listing agreement with any real estate agent/broker without SELLER first cancelling this Listing Agreement in accordance with the terms of this Listing Agreement.

1.5.  Listed Simply Compensation. The fee for LISTED SIMPLY’S services is based on the selling price of the property which can be found here and reflects the entire compensation to be paid by SELLER to LISTED SIMPLY under this Listing Agreement. 

1.6. General Broker Disclosure. LISTED SIMPLY is a real estate broker[1]. By entering into discussions with any broker regarding any real estate transaction, an agency relationship is created and fiduciary relationship which under State law requires the utmost care, integrity, honest, and loyalty. These duties are affirmative obligations owed by the Broker to all parties that it represents in connection with the real estate transaction. 

2. PROPERTY OWNERSHIP

By executing this Listing Agreement, SELLER hereby confirms the following is accurate: (a) SELLER (or an entity SELLER has authority to represent) is the only party that holds title or an interest in the Property; (b) SELLER does not require approval from any other party to convey the Property, and (c) SELLER has the authority to execute this Listing Agreement and any contracts that arise out of this Listing Agreement.

NOTICE: SELLER is responsible if the ownership records for the Property maintained by the tax assessor for the county in which the Property is located is not consistent with the names of the parties executing this Listing Agreement (names must be an exact match). Signers of this agreement may be someone acting as an executor or representative on behalf of the owners named in the county tax records.  SELLER MAY BE LIABLE FOR A FINE OF UP TO $1,500.00 IF THE PARTIES EXECUTING THIS AGREEMENT ARE NOT THE OWNERS IDENTIFIED ON THE PROPERTY’S TAX RECORDS.  Should LISTED SIMPLY incur a fine from the MLS, SELLER agrees to indemnify LISTED SIMPLY and authorizes LISTED SIMPLY to charge the credit card SELLER has inputted on ListedSimply.com for any fines incurred in connection with the SELLER’S listing. 

3. THE LISTING

3.1.  List Price and Listing.  SELLER will work with LISTED SIMPLY to determine the listing price and instruct LISTED SIMPLY as to this amount. The Seller(s) acknowledges that the “List Price” was determined by SELLER and LISTED SIMPLY will provide SELLER with a Broker Price Opinion as to the “List Price”.

3.2.  Seller Responsible for Confirming Accuracy of Listing.  The information SELLER has provided via ListedSimply.com, “MLS LISTING INPUT FORM” form will be used to create the Property listing on the MLS. SELLER agrees to ensure all information provided is accurate prior to engaging the MLS listing service through LISTED SIMPLY. 

SELLER is responsible for reviewing the published listing for the Property uploaded by LISTED SIMPLY based upon the information provided by SELLER and must notify LISTED SIMPLY of any and all errors or omissions contained within the published listing by updating the listing online via the “Listed Simply Dashboard” at ListedSimply.com.

3.3.  Seller’s Obligations. With time being of the essence, LISTED SIMPLY agrees to submit the Property listing to the MLS within forty-eight (48) hours (not including weekends or holiday’s) from LISTED SIMPLY’S receipt of the following from SELLER:

                   (1) Payment for the listing fee submitted via listedsimply.com

                   (2) Execution of the “MLS + PAPERWORK” listing agreement

 (3) Complete Submittal of the “MLS Listing Input Form” via ListedSimply.com

 (4) Uploading of at least one photograph of the Property (taken by SELLER or photographer commissioned by    SELLER, See Section 11 for MLS penalties related to uploading photographs taken by third parties.)

3.4.  List Date.  The “List Date” of this Listing Agreement will be the date the listing is submitted to the MLS unless SELLER specifies a later date. SELLER may login to the “Listed Simply Dashboard” on ListedSimply.com and specify an alternative “List Date” via page three of the property questions. If an alternative “List Date” is not entered by SELLER, the date of the submittal of the MLS Listing will constitute the “List Date”. 

3.5. LISTED SIMPLY will produce a custom property website that can be found on the “Listed Simply Dashboard”.  You will be provided a custom link to the website that you can share on social media, email or to any interested buyers.  

4. OFFERS RECEIVED

4.1. LISTED SIMPLY agrees to include a custom link on the MLS listing by which a buyer(s) or buyer’s agents may submit offers to purchase the Property. LISTED SIMPLY agrees to submit offers submitted through the offer link along with a summary of the offer and all documents uploaded by the buyer or the buyer’s agent immediately to the email address linked to SELLER’S ListedSimply.com account.

4.2. SELLER authorizes LISTED SIMPLY to advertise the sale price of Property, if conveyed.

5. LISTING MODIFICATION, STATUS UPDATES, AND ACCURACY

5.1. SELLER may modify, update, or correct any information contained within the listing, as often as necessary, with no additional fee and via logging in to the Listed Simply Dashboard. All changes will be reflected in the MLS Listing within twenty-four (24) hours from submittal.

Revisions submitted will be entered into the MLS within 24 hours (not including Sunday's or holidays). SELLER acknowledges that changes to an MLS listing may take up to three days to propagate to third-party websites. LISTED SIMPLY shall not be held liable by SELLER should the MLS or third-party websites not function as intended. SELLER acknowledges the MLS and third-party websites are outside of the control of LISTED SIMPLY.

As part of the MLS + Paperwork service, SELLER listing updates will receive an "expedited" service where listing updates are moved to the front of the liting update queue for faster service. 

5.3. Listed Simply’s Right to Cancel or Withdraw. LISTED SIMPLY may cancel or withdraw this Listing Agreement, without refund to SELLER, if:  SELLER fails to respond to any inquiry from LISTED SIMPLY within 24 hours, if SELLER fails to respond to any inquiry from a prospective purchaser of the Property or MLS participant within 24 hours, or if SELLER provides information regarding the Property that is not accurate.

 

6. EFFECTIVE PERIOD, EXPIRATION, AND EXTENSION

6.1. This Listing Agreement is effective on the date of execution by both SELLER and LISTED SIMPLY (“Effective Date”). This Listing Agreement shall remain in effect for ninety (90) days from the Effective Date (“Effective Period”), unless an alternative term is agreed to by the PARTIES, or until cancelled by SELLER in accordance with the terms of this Listing Agreement, or until cancelled by LISTED SIMPLY in accordance with the terms of this Listing Agreement. Excluding any mutual agreement of extension of the Effective Period between SELLER and LISTED SIMPLY, this Listing Agreement is automatically terminated after the Effective Period has passed. 

6.2. In the event the Property is purchased and contract for sale is executed during the Effective Period of this Listing Agreement, the Effective Period will be extended until the final disposition of the sale of the Property.  

6.3. Should seller contract WITHOUT the services of Broker to make a direct sale, exchange, or lease with option to purchase the property within 30 days after the expiration date, or any extension thereof, to a buyer whom the property was offered during the term of this agreement, or any extension hereof, by broker, by seller, or anyone else, seller agrees to pay Broker a commission at the same rate of commission as specified herein.  In this regard, all showing requests submitted through Showing Time or Aligned Showings to whom the property was offered, and such list shall be conclusive as to any commission rights due for any offerings made by Broker, or by persons authorized by Broker.

 

7. COOPERATING BROKER/AGENT COMPENSATION

NOTICE: The amount or rate of real estate commission is not fixed by law. They are set by each broker individually and may be negotiated between the seller/landlord and broker.

SELLER understands that regardless of how compensated, a Cooperating Broker/Agent’s represents the interests of the buyer; not SELLER.

7.1. Commission Determined and Paid by Seller. By authorizing LISTED SIMPLY to list the Property on the MLS, SELLER agrees to pay a commission to a licensed real estate broker/agent or Facilitator (“Cooperating Broker/Agent”) representing a party who offers to purchase the Property. 

SELLER determines the amount of commission to be paid to any Cooperating Broker/Agent based upon a percentage of the agreed upon purchase price or a flat rate determined by SELLER provided the transaction is completed and in accordance with any agreement between SELLER and buyer/third party.

In order to protect SELLER from “Vicarious Liability” (the potential for SELLER to be held liable for a misrepresentation or an act or omission of a “Seller’s Agent” (aka “Subagent”), LISTED SIMPLY, under SELLER’S authorization, will not offer a commission to a “Seller’s Agent” (aka “Subagent”). Commission to a buyer’s agent / Cooperating Broker/Agent is offered by the SELLER. 

7.2.  LISTED SIMPLY will not be liable for any compensation due to a Cooperating Broker/Agent or other facilitator of the sale.    

7.3.  Under applicable law, compensation due to a Cooperating Broker/Agent must be paid to the Cooperating Broker/Agent’s office and not to the agent personally. Cooperating agent compensation should be paid by the closing entity, at time of closing, and listed on the Settlement Statement and in accordance with the terms of the purchase and sale agreement. This information is provided as informational purposes only and should not be construed as legal advice or advice from a Broker.

7.4.  It is the SELLER’S sole responsibility to verify, confirm and ensure that the real estate commission (“percentage of the sale price” or “flat dollar amount”), which is due and payable to a Cooperating Broker/Agent’s, is included (written) within the any contact for sale executed in connection with the transfer of ownership of the Property.

7.5.  The commission, which the SELLER has indicated within this Listing Agreement, will still be due and payable, if the Property is sold within thirty (30) days after the Effective Period to a buyer, who became aware of the Property through the efforts of a Buyer’s Agent or LISTED SIMPLY during the Effective Period of this Listing Agreement.

7.6. Upon the expiration of this Listing Agreement, in the event, the SELLER enters into another Listing Agreement, with LISTED SIMPLY or another licensed real estate broker/agent, and under the terms and conditions of that Listing Agreement, the SELLER is obligated to pay commission to the Cooperating Broker/Agent under the new agreement. Upon such occurrence, this provision will become null and void and the terms and conditions of the new listing agreement will govern.

8. RESPONSIBILITIES OF SELLER
   
   8.1.  SELLER agrees to cooperate with LISTED SIMPLY and adhere to the provisions of this Listing Agreement.
   
   8.2.  SELLER agrees to assist in the sale of Property by accepting and returning telephone calls/emails, arranging showings and providing reasonable access to/from interested buyers and Buyer’s Agents / Cooperating Broker/Agent and Facilitators, in a timely manner.

8.3.  SELLER is responsible for reviewing the published listing for the Property uploaded by LISTED SIMPLY based upon the information provided by SELLER and must notify LISTED SIMPLY in writing or by updating the listing via the “Listed Simply Dashboard” of any and all errors or omissions contained within the published listing.

8.4.  Under State disclosure laws, the SELLER is required to disclose, in writing, to LISTED SIMPLY, interested buyers, Buyer’s Agents and/or Facilitators (Cooperating Broker/Agents) any and all defects in the property, which are not open and obvious and that may materially affect the value or desirability of the subject real property.

8.5.  The SELLER agrees to perform the following actions, when appropriate or applicable, to facilitate the sale of the Property transaction:  

• Obtain a “Smoke and Carbon Monoxide Detector Compliance Certificate” from the local fire department
• Obtain copies of covenants, conditions, and restrictions, deeds, or other documents buyer may request for review
• Obtain a “Title Compliance Certificate”
• Provide access to a buyer’s appraiser and/or home inspector.
• Any and all other appropriate actions necessary to complete the real estate transaction related to the sale of the Property.

9. MLS RULES AND REGULATIONS

9.1.   LISTED SIMPLY can only list homes on the MLS if the owner of the Property signs this Listing Agreement. This Listing Agreements must be signed by the parties that appear as the owners of the Property on the tax records maintained by the county in which the Property is located.  This agreement may be signed by the owners authorized representative or executor.  If this Listing Agreement is not signed by the same parties identified as the owners of the Property on the county tax records, LISTED SIMPLY cannot list the Property on the MLS.  In this case, LISTED SIMPLY will issue a full refund. 

10. STATE AND FEDERAL LAWS REGARDING HOUSING

10.1.  It is SELLER’S sole responsibility to verify, confirm and ensure that the SELLER’S listing complies with all applicable State and Federal Laws regarding housing; including but not limited to: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) and it amendment (1974, 1988); and in particular to the equal and unbiased showing regardless of race, color, religion, sex, handicap, familiar status or national origin.

11. PHOTOGRAPHS

11.1.   LISTED SIMPLY will submit the photographs provided by SELLER up to the maximum amount of photographs allowed by the MLS, per listing. SELLER agrees to submit photographs via ListedSimply.com (by logging into the member’s account, and navigating to the media section.

11.2.  SELLER agrees to submit at least one (1) photograph of the exterior structure located on the Property to be included in the MLS listing or can wait until professional photos are provided. 

11.3. If the Property is vacant land (i.e.  if the Property is “To Be Built” or “Under Construction”) an exterior photograph is not required. However, if an image of a “To Be Built” or “Under Construction” listing is filed with the MLS before the exterior of the structure is complete, the SELLER may upload one or more of the following images:  

• A photograph of the dwelling’s current (under construction) condition
• An architectural drawing of the proposed structure in its completed form
• An architectural drawing or photograph of another completed structure that is substantially similar to the proposed structure that is to be built. (If an architectural drawing or photograph of another completed structure that is substantially similar to the proposed structure that is to be built is utilized, LISTED SIMPLY, SELLER must indicate within its listing that the photograph is a “facsimile”, “model” or “replica”.)
• No google images or maps are allowed to be used, refer to section 11.8.

11.4.  SELLER may upload additional photographs of the Property, at any time, via ListedSimply.com without occurring any additional fees. Photographs can be submitted via our website by going ListedSimply.com and logging into your member account. Find media section and upload photographs.

11.5.  SELLER has the option of indicating which photograph appears as the “primary photograph” for the listing (“first photo”). If the Seller(s) elects not to indicate a “primary photograph”, LISTED SIMPLY will choose a photograph for the Seller(s). LISTED SIMPLY will choose the photograph, which in our opinion; best displays the subject real property. Certain MLS’s require the front of the home to be the primary photo.

11.6.  Photographs must be in .jpeg or .png format (“Live” photos from iPhones cannot be uploaded).

11.7.  LISTED SIMPLY and/or the MLS do not assume any responsibility for images lost in the process of uploading.

11.8.  The Member is the owner, or authorized owner representative, of the Property being photographed.

11.9.  The Member is commissioning the Photographer to photograph the Property pursuant to the terms and conditions of this Agreement.

11.10.  The Photographer desires to take photographs of the Member’s Property pursuant to the terms and conditions of this Agreement.

11.11.  All parties are duly authorized and capable of entering into this Agreement.

11.12. If you receive FREE photography as part of a promotion, you MUST keep your listing active with Listed Simply for a minimum of 90 days.  If you cancel or withdraw the listing before 90 days, you agree to allow Listed Simply to charge your credit card on file immediately the cost of the photography, which is $199.

In consideration of the foregoing and the mutual promises and benefits contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties further agree as follows: 

1. Effective as of the Effective Date, Photographer agrees to photograph the Member’s Property, the Member agrees to have the Photographer photograph the Property.

2. The Member is responsible for scheduling the date and time for the Photographer to come to the Property to complete the photography of the Property via the “Listed Simply Dashboard”. SELLERS will also be sent an SMS text message with a link to schedule the photography shoot.

3. COPYRIGHT & LICENSING. The Photographer is taking the photographs as a “work made for hire”, as the term is used by the United States Copyright Law, and as such all rights to the photographs are owned by Listed Simply. The Member grants Listed Simply an irrevocable, perpetual, non-exclusive, royalty-free, fully paid-up, worldwide license to the photographs, to be used in any manner that Listed Simply and/or its employees deem acceptable.

4. Listed Simply will pay the Photographer a one-time fee when Member schedules the photography session via ListedSimply.com.

5. MEMBER’S REPRESENTATIONS AND WARRANTIES. The Member hereby represents and warrants to the Photographer as follows:
   1. The execution, delivery, and performance of this Agreement do not violate any law or governmental rule, regulation, or order applicable to the Member.
   2. The Member has received appropriate permission from all Property occupants and owners to have Photographer photograph the entire Property, including any and all interior spaces.
   3. Member will ensure the Property is free of any ‘For Sale’ sign as most MLS’s prohibit the presence of any ‘For Sale’ sign in photographs.
   4. The Member understands and agrees that, due to legal and ethical reasons, the Photographer will not edit the photographs in a way that will erase a permanent feature of the Property or cause a mis-representation of the Property.
   5. The Member understands and agrees that they are solely responsible for the cleanup and staging of the Property. The Photographer may make minor adjustments, at their own discretion, but is not required to make any such adjustments and the Property may be shot “As Is”.
   6. The Member understands and agrees that due to the inability to obtain feedback efficiently on the high number of photographs, the Photographer will decide which photographs will be used for processing and finishing.
   7. The Member understands and agrees they are solely responsible for ensuring the Photographer is able to access the Property on the day of the shoot. The Member is responsible for making any special requests known to the Photographer in advance of the shoot. In the absence of direction from the Member, the Photographer will shoot the Property based on their experience and discretion, with typical priority given to the major rooms and the front and back exteriors.
   8. The Member understands and agrees that the Photographer is not an employee of Listed Simply, is outside of the control of Listed Simply, and any disputes with the Photographer shall be settled directly with the Photographer or photography company www.homejab.com.
   9. The Member understands and agrees that all photographs uploaded to ListedSimply.com will be removed from ListedSimply.com after a period of 1 year has passed.
      
      PHOTOGRAPHER REPRESENTATION AND WARRANTIES
      
      1. Photographer maintains appropriate insurance including, but not limited to, errors and omissions insurance, professional liability insurance, and general liability insured.
      
      2. Within 48 hours of taking the photographs, Photographer agrees to do the following:
      
      3. Email one set of photographs that have been optimized to MLS standards to the SELLER
      
      4. All Property photographs shared by the Photographer shall remain accessible for the Member to download for a minimum of 12 months.
      
      5. All photographs provided to the Member will be free of any Photographer placed writing or markings.
      
      SCOPE OF AREAS PHOTOGRAPHED.
      
      Photographs of community features such as pool areas or a clubhouse are not included unless specifically agreed to by the Photographer or explicitly purchased by the Member at the time of ordering. The Member should arrange such photography separately with the Photographer.
      
      CANCELLATION/REFUNDS. Photography shoots can be cancelled in full as long as the cancellation request is submitted 48 hours before the photo shoot. Listed Simply is not responsible for cancellation fees incurred by Member. Once a photo shoot has taken place, photography fee is non-refundable.

If you cancel your photo shoot within 24 hours or miss the appointment, Home Jab will issue a $50 fee PER OCCURRENCE.  You agree to allow Listed Simply to charge your credit card on file immediately for ANY fees incurred.

Listed Simply has not, and will not at any time, verify any of the insurance policies held by the Photographer, the Member, or any other party possibly involved at any point in this transaction, including any party involved before, during, or after the time at which the shooting of photographs occurs. The Photographer and the Member agree to independently verify the insurance held by each other, and any other party involved, to ensure the held insurance policies are appropriate and acceptable prior to the commencement of any work or use of any third-party goods or services.

DAMAGES AND CLAIMS. 

The Photographer and the Member agree to indemnify, defend and hold harmless, Listed Simply, its employees, and related companies from all damages (including legal costs) and claims (including, but not limited to, privacy violations, intellectual property violations, trade disparagement, defamation, and slander) that arise from this transaction.

12. OPEN HOUSE ANNOUNCEMENT

12.1. An “Open House Announcement” may be added to the MLS listing by SELLER as often as necessary with no additional fee. SELLER may submit an “Open House Announcement” request by logging in to the SELLER’S dashboard located ListedSimply.com and filling out the appropriate form.  

NOTE:  It may take up to 24 hours or more for the “Open House Announcement” to post to the MLS or third (3rd) party internet websites (for example, Zillow, Trulia, Realtor.com). LISTED SIMPLY recommends submitting an “Open House Announcement” request as early in the week as possible, or to be safe, a week in advance.

13. TERMINATION / REFUNDS

13.1. SELLER may terminate this Listing Agreement, at any time (except when an offer is being procured, negotiated or agreed upon), by written notice, free of charge. Termination requests must be submitted via our website (by logging into the dashboard and signing a “Cancellation of Listing Agreement” form.

13.2. If SELLER terminates this Listing Agreement, before LISTED SIMPLY has submitted the SELLER’S listing to the MLS; the Listing fee will be refunded. If the listing is listed in the wrong MLS (based on LISTED SIMPLY’s MLS Search Page), the listing fee will be refunded.

13.3. If SELLER terminates this Listing Agreement, after LISTED SIMPLY has submitted the SELLER’S listing to the MLS; the Listing Fee will not be refunded and the SELLER will be charged $199 for any photography LISTED SIMPLY has paid for.

13.4. LISTED SIMPLY reserves the right to terminate this Listing Agreement, at any time at its sole discretion (except when an offer is being procured, negotiated or agreed upon), by written notice. 

13.5. No refund will be issued if LISTED SIMPLY terminates this Listing Agreement at its sole discretion, as a result of SELLER’S refusal to comply with the MLS Rules and Regulations and /or State and Federal Laws regarding housing, including but not limited to: Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) and it amendment (1974, 1988) and in particular to the equal and unbiased showing regardless of race, color, religion, sex, handicap, familiar status or national origin.

13.6. Listed Simply currently holds the exclusive rights to the photographs produced. However, recognizing your interest in ownership, we are pleased to offer you the opportunity to acquire these rights for a one-time fee of $199. This fee will facilitate the legal transfer of image rights to you, allowing you to use, reproduce, and distribute the photographs at your discretion.

It is essential to note that until such a transfer occurs, the photographs remain the exclusive property of Listed Simply. In the event of a listing cancellation, the seller is expressly prohibited from using, reproducing, or distributing the photographs without the aforementioned rights transfer.

   14. DAMAGE / THEFT / INJURY

SELLER agrees that LISTED SIMPLY shall in no way be responsible for any property damage, theft, or bodily injury that may arise out of the access and entry by third parties to the Property as a result of the MLS listing or this Listing Agreement, or due to the Property being viewable by users of the MLS or third-party websites or Property showings by SELLER. LISTED SIMPLY suggests SELLER contact an insurance carrier to discuss potential options to insure against damage or loss that may arise in connection with marketing the Property for sale via the MLS.

   15. MLS RULES REGARDING “LAWN SIGNS”

15.1. MLS Rules and Regulations prohibit SELLER from displaying a “For Sale by Owner” sign on the Property when listed on the MLS.

15.2. MLS Rules and Regulations permit the SELLER to display a generic “For Sale” signs on the Property as long the words “By Owner” are not included.

15.3.  MLS Rules and Regulations permit SELLER to display their name and telephone number on a for sale sign placed on the Property ensuring that all inquiries by interested parties (buyers, Buyer’s Agents and Facilitators) are directed to the SELLER.

   16. THIRD PARTY INTERNET WEBSITES

16.1.  SELLER understands that the MLS allows for the “syndication” of the MLS listing and any open house announcement data to numerous third-party real estate websites and publications. LISTED SIMPLY cooperates and fully participates with this “3rd party listing transfer” marketing program. However, LISTED SIMPLY has no control over these third-party real estate websites and publications, and as such, cannot guarantee their presentation and/or reliability.

16.2.  The “Listing Fee” that the SELLER paid to LISTED SIMPLY is for the submission of the SELLER’S listing and open house announcement data for the Property to the MLS only. The “syndication” of the SELLER’S listing and open house announcement data for the Property to any other third- party real estate website or publication is purely a bonus and subject to change without prior notice.

16.3.  By signing this Listing Agreement, the SELLER permits the MLS and LISTED SIMPLY to “syndicate” the SELLER’S listing and open house announcement data (which may include the Property address) to these and/or other similar third- party real estate websites and publications, but not limited to;

• HomeFinder.com, Zillow.com, Homes.com, Redfin.com, Trulia.com, Vast.com, Hotpads.com
  Telegram.com

16.4. SELLER may choose to opt-out of the “syndication” of the Property listing and open house announcement data by choosing “No” when signing this agreement on ListedSimply.com or by responding “No” when filling out the “Listed Simply Submission Form”.

   17. BUSINESS HOURS

LISTED SIMPLY business hours are Monday through Friday 8:00am to 8:00pm (Pacific Time), Saturday 10:00am to 3:00pm (Pacific Time) and closed Sunday's.; excluding certain holidays. Any messages received via email or voicemail after business hours will be addressed the following business day.

   18. PAYMENT

LISTED SIMPLY accepts payment via Visa, Master Card, Discover, and AMEX.

   19. ENTIRE AGREEMENT

This Agreement is fully integrated and intended to represent the entire agreement of the parties with respect to its subject matter.  This Agreement may be executed in counterparts with all of the signature pages taken together constituting the entire agreement. Parties’ signatures on electronic and/or facsimile copies will be given the same tone and effect at law and in equity as signatures on the original. In making proof of this Agreement, a party will not be required to account for all executed copies of this Agreement.

   20. DISPUTES

Should a dispute arise in relation to this Listing Agreement, resolution should take place on the exclusive jurisdiction of the California state courts in the county where LISTED SIMPLY’S main office is located, San Diego County. California state law governs this Agreement, regardless of any conflicts it may have with any other state law.

   21. AGENCY RELATIONSHIP DISCLOLSURE

SELLER understands that this Listing Agreement is only for the purpose defined in Section 1 of this List Agreement and that LISTED SIMPLY is not representing SELLER or any other party in a sale transaction related to the Property unless mutually agreed in writing. However, California Civil Code Section 2079.14 et seq. and other state laws requires that a real estate broker disclose the general duties that arise from the agency relationship between a broker and principal. These duties include a fiduciary duty which require the utmost care.

   22. OUTSIDE REVIEW

SELLER IS ADVISED TO CONSULT AN ATTTORNEY PRIOR TO SIGNING THIS AGREEMENT. SELLER understands that this is a legally binding agreement. By executing this Listing Agreement, SELLER agrees that it has had sufficient time to review this Listing Agreement and fully understands the agreement and related documentation.

Each signatory to this Agreement warrants that said signatory is legally competent and authorized to execute this Agreement on behalf of the party whose name is subscribed at or above the signatory’s signature. 

I/We the undersigned hereby acknowledge that I/we have read and understand all of the above information; and, by submitting the information below, agree and consent to all of the terms and conditions provided herein. 

Copyright 2018-2020, All Rights Reserved, LISTED SIMPLY, 600 B Street, San Diego, CA 92101

 

[1] The Broker’s License currently used in connection with Listed Simply is held by Sinan Zakaria, principal of Listed Simply. Broker License #: CA DRE 02166820 | AZ CO698374000 | GA 80279 | NV B.1002926 | FL BK3592001

LISTED SIMPLY's Fiduciary Duties to SELLER

The Flat fee is only paid to Broker by Principal when the transaction is closed.  If the transaction is not completed or is otherwise cancelled, Principal does not owe any compensation to Broker.  

Before Broker can review offer(s), provide legal advice and act as Principals’ fiduciary as Broker, Principal must agree to retaining Broker for the use of their Transaction Management Service.

Exclusive right to sell begins the date this agreement is signed and expires after 90 days or mutual agreement by both parties. 

Photography Agreement

Listed Simply will pay for the photography shoot upfront on behalf of the seller/principal ($199 value).  Principal agrees to keep their listing "active" on the MLS with Listed Simply for at least 90 days.  If principal terminates/cancels their listing within 90 days, principal agrees to pay Listed Simply $199 for the photos. Principal authorizes Listed Simply to charge $199 for the photos at which time principal will have full ownership rights of the photos. 

What You Can Expect from Listed Simply as Your Fiduciary:

By entering into discussion with Broker[1] regarding any real estate transaction, an agency relationship is created and fiduciary relationship which under California law requires the utmost care, integrity, honest, and loyalty. These duties are affirmative obligations owed by the Broker to all parties that it represents in connection with the real estate transaction.  As a fiduciary, a These specific fiduciary duties include:

• Honest and Fair Dealing and Good Faith
• Loyalty
• Confidentiality
• Disclosure
• Obedience
• Reasonable Care and Diligence 
• Accounting

The Broker representing a seller is required under California law to disclose all facts known to Broker materially affecting the value or desirability of the property.

Please pay attention to the purchase contract or related document which will inform you of the agent or broker representing you in the real estate transaction and whether the agent is representing you exclusively on the transaction or acting as a dual agent.

If Principal is currently enrolled in the MLS Only or MLS Plus Plan, or any other services provided by Listed Simply in connection with the sale of the property identified herein, the terms and conditions of said agreement are incorporated herein by reference.  Principal agrees to give Listed Simply the "exclusive right to sell" their property for 90 days from the date this agreement is signed. 

Broker makes no representation, warranty, or guarantee that the property identified herein will be sold as a result of entering into this Transaction Management Service Agreement, or any other Agreement or service Principal has commissioned from Listed Simply.

I the undersigned hereby acknowledge that I/we have read and understand all of the above information; and, by submitting the information below, agree and consent to all of the terms and conditions provided herein.