"MLS LISTING ONLY" 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. IF YOU ARE A LICENSED REALTOR, LISTED SIMPLY CANNOT LIST YOUR HOME ON THE MLS AS IT CREATES A CONFLICT OF INTEREST.  YOUR LISTING WILL BE AUTOMATICALLY WITHDRAWN WITHOUT REFUND IF YOUR PROPERTY IS LISTED ON THE MLS AND WE DISCVOER YOUR AGENT STATUS.  DO NOT PROCEED WITH CREATING A LISTING IF YOU ARE A LICENSED AGENT/REALTOR.

 

 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 "open" listing agreement, also referred to as an “‘MLS Only’ Listing agreement”. The sole purpose of this “‘MLS Only’ Listing Agreement” (“Listing Agreement”) is for LISTED SIMPLY to place the Property on the MLS. With the sole exception of listing the Property on the MLS, LISTED SIMPLY shall not provide any services to SELLER unless otherwise mutually agreed to in writing.

 

• Scope of Services. SELLER herby agrees that LISTED SIMPLY is to act as the “Facilitator” of the sale of the Property by the terms of this Listing Agreement. SELLER hereby acknowledges and understands that LISTED SIMPLY does not represent SELLER in any capacity in connection with the listing of the Property on the MLS, and that LISTED SIMPLY has no duty to hold confidential any information provided by SELLER to LISTED SIMPLY in connection with the Listing Agreement or otherwise. SELLER acknowledges and understand that LISTED SIMPLY will not advocate for the interest of SELLER or negotiate on behalf of SELLER, unless mutually agreed to in writing, and LISTED SIMPLY is not required to offer opinions regarding the value of the Property, negotiation strategy, matters directly related to the sale of the Property, or regarding the financial interests of any party to a sale transaction.

The service offered by LISTED SIMPLY under this Listing Agreement is not that of a “traditional” “Exclusive Right to Sell Listing Agreement”. SELLER understands that the service provided by LISTED SIMPLY under this Listing Agreement is a one-time, flat fee, listing-only service and is best-suited for sellers who have experience in the real estate sales process. It is the SELLER’S sole responsibility to establish the “List Price”, negotiate and execute any contracts that arise in connection with the Property and as a result of this Listing Agreement, and to otherwise complete the sale unless Listed Simply is retained to represent the SELLER.  LISTED SIMPLY is not responsible for “showing” the Property to any prospective buyer but rather agrees to refer all interested parties directly to the SELLER in accordance with the terms of this Listing Agreement. 

1.3. 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.

1.4. 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.

1.5. 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.

1.6.  Listed Simply Compensation. The fee for LISTED SIMPLY’S services is $59.00 and reflects the entire compensation to be paid by SELLER to LISTED SIMPLY under this Listing Agreement. Once the Property has been inputted into the MLS, the fee is considered to have been earned by LISTED SIMPLY and SELLER is no longer eligible for refund from LISTED SIMPLY.  

1.7. 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. However, LISTED SIMPLY is not representing SELLER as a broker under this LISTING AGREEMENT, this disclosure does not affect the limited Purpose and Scope defined in this Agreement, and is provided only as to comply with State law regarding broker disclosures.

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 has determined the listing price and instructed LISTED SIMPLY as to this amount. The Seller(s) acknowledges that the “List Price” was determined by SELLER and LISTED SIMPLY made no recommendation 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 LISTING ONLY” listing agreement

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

 (4) Uploading of at least one photograph of the Property (taken by SELLLER 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. All potential buyers of the Property shall receive a written disclosure from SELLER that states the following: (i) LISTED SIMPLY has been hired to provide MLS listing service, (ii) LISTED SIMPLY will not be performing any inspection of the Property, (iii) LISTED SIMPLY makes no representations or warranties regarding the Property, (iv) LISTED SIMPLY will not represent SELLER in this transaction, and (v) all real estate broker duties outlined in the provisions of California Civil Code Section 2079 et seq. do not apply to LISTED SIMPLY, unless LISTED SIMPLY is retained by SELLER in writing (or by signing the Transaction Management Agreement) to advocate for the interest of the SELLER.

4.3.  With time being of the essence, SELLER agrees to notify LISTED SIMPLY, via ListedSimply.com (by logging into the dashboard and filling out the appropriate change of status information) within 24 hours, upon the acceptance of an “Offer to Purchase Real Estate” and must submit the following information required by the MLS, but not limited to;

• The anticipated closing date
• The name, MLS identification number and office information of the buyer’s agent Cooperating Broker/Agent or Facilitator; if applicable
• Pending sale price
• Commission amount; if applicable

4.4. 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 requested are updated on the MLS within 24 hours (not including Sundays 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.

5.2.  Seller’s Responsibility to Update Listing Status. All changes in SELLER listing status must be reported by SELLER to LISTED SIMPLY via the ListedSimply.com website using the MLS listing change form within 24 hours of occurring. SELLER acknowledges that they are aware that the MLS imposes fines upon LISTED SIMPLY for not having current statuses on all listings, updated closing dates for pending listings, for having inaccurate information in listings, and for non-responsiveness to property inquiries made by other MLS members. The possible listing statuses vary by MLS.  The list of possible statuses, including definitions, is available on ListedSimply.com website and can be found on in the MLS rules and regulations section. Typically used listing statuses are shown below: (1) ACTIVE (The home is available for sale or rent, as applicable), (2) PENDING (An offer has been accepted), SOLD/RENTED(Transaction has closed), CANCELLED (The listing has been cancelled).

 

SELLER agrees to pay all fines incurred by LISTED SIMPLY in connection with: (1) inaccurate listing information, and (2) due to failure by SELLER to promptly respond to property inquiries received in response to the MLS Listing. Fines vary by MLS and infraction and can exceed $5,000. A link to the rules, regulations and fines for each MLS is available online at ListedSimply.com by searching for the rules and regulations for the MLS you are listed in. SELLER agrees to pay all penalties, fines, judgments, and any other costs imposed on LISTED SIMPLY due to copyright related violations attributed to SELLER.  SELLER authorizes LISTED SIMPLY to automatically charge Principal’s credit card if Listing Agent is fined due to Principal’s acts or Principal’s failure to act.

 

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 does not provide current listing status within 24 hours of a change in status, 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, if SELLER opts out of receiving sms messages from Listed Simply, or if SELLER provides information regarding the Property that is not accurate.

 

5.4. Seller’s Duty to Update Upon Closing. Within 24 hours of closing, SELLER shall update the MLS listing status via the ListedSimply.com website MLS listing change form. SELLER agrees to provide the final sale price and any other information required by the MLS to LISTED SIMPLY for input into the MLS via the ListedSimply.com website MLS listing change form. SELLER acknowledges that the MLS may share the final sale price MLS participants. If SELLER fails to provide the correct information within 24 hours of closing, it will result in a fine imposed on LISTED SIMPLY by the MLS. If incurred this fine is incurred, SELLER authorizes the fine to be charged to SELLER’S credit card on file with the account maintained on ListedSimply.com.

 

5.5. Seller’s Choice to Opt-Out of Additional Services Provided by Listed Simply.  Should SELLER accept an offer submitted on the Property and choose not to use the services provided by LISTED SIMPLY to represent the interests of the SELLER, SELLER is responsible for updating the status the “PENDING” within 24 hours of accepting the offer. SELLER agrees to submit a “pending request” via ListedSimply.com “Pending Page” within 24 hours of accepting any offer.  To the extent SELLER accepts an offer obtained via the MLS Listing uploaded by LISTED SIMPLY and does not retain LISTED SIMPLY for further services in connection with the transaction, SELLER is solely responsible for the transaction going forward and LISTED SIMPLY has no duty or responsibility to SELLER in connection with the transaction. Please see “Opt-Out” Agreement found on the Pending Form located on ListedSimply.com for further details.

 

5.6. Seller’s Responsibility for “Showing Fines”.  SELLER acknowledges that some MLS(s) may issue a fine in excess of one-percent (1%) of the list price for showing a property that is in “Coming Soon”, “Withdrawn”, “Hold”, or “Temporarily Off-Market” (and similar) statuses on the MLS. SELLER agrees to be solely responsible for paying any MLS fines related to allowing showings while the Property is in an MLS status that prohibits showings.

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 six (6) months 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.  

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. Any commission offered to a Cooperating Broker/Agent is offered by SELLER only. LISTED SIMPLY will not offer a commission to any real estate broker/agent involved in the sale of 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. A commission will never be due and paid to LISTED SIMPLY unless the SELLER retains LISTED SIMPLY for other services under an agreement separate from this Listing Agreement.

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 Facilitator (excluding 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.

8.6.  With time being of the essence, SELLER agrees to notify LISTED SIMPLY, via ListedSimply.com (by logging into the dashboard and filling out the appropriate change of status information) within 24 hours, of any of the following “Changes in Status” to the Property including:

• Acceptance of an “Offer to Purchase Real Estate”
• Full execution of a “Purchase and Sale Agreement”
• “Pending Extension Form” if the closing date of your transaction has changed or will not close on the initial agreed upon closing date (date provided to Listed Simply when filling out the “Pending Form”.
• Final “Sale (closing)” of the Property
• Seller(s) “Withdrawal” of the Property

9. MLS RULES AND REGULATIONS

9.1.  It is SELLER’S sole responsibility to verify, confirm and ensure that the Seller(s) listing complies with the MLS Rules and Regulations.

9.2.  SELLER acknowledges that the MLS Rules and Regulations are accessible for review on LISTED SIMPLY’s client dashboard by logging into your member account at ListedSimply.com which contains links to local MLS Rules and Regulations.

9.3.  Any fine(s) issued by the MLS and charged to LISTED SIMPLY due to SELLER’S violation of the MLS Rules and Regulations must be reimbursed, by SELLER to LISTED SIMPLY, within two (2) business days of its written request. If incurred, SELLER authorizes this fine to be charged to SELLER’S credit card on file.

9.4.  LISTED SIMPLY reserves the right to “Temporarily Withdraw” the SELLER’S listing from the MLS or place on “HOLD” until any fine issued by the MLS is paid in full.

9.5.   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.

10.2.  LISTED SIMPLY recommends the SELLER review all applicable State and Federal Laws regarding housing and/or consult with an attorney.

10.3.  LISTED SIMPLY will not provide the SELLER with any legal advice.

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.

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. Please see the “Photography Agreement” in the “Upload Photo” section of ListedSimply.com.

DISCLAIMER: SELLER warrants that SELLER has the right to publish and distribute all photographs contained within the listing. SELLER may not upload copyrighted photographs, photographs of the Property taken from a previous listing of the Property, or any other photographs of the Property not taken by SELLER or a photographer commissioned by LISTED SIMPLY or SELLER. MLS may impose a fine of up to $1500 if photographs are uploaded in violation of this provision. SELLER agrees to indemnify LISTED SIMPLY for any fine incurred in connection with photographs uploaded that are not owned by SELLER. SELLER authorizes LISTED SIMPLY to charge the credit card SELLER linked to its LISTED SIMPLY account for any such fine incurred that are not otherwise reimbursed within two (2) business days of being incurred.

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. DOCUMENTS RELATED TO SALE / LEGAL DOCUMENTS
    
    SELLER understands and acknowledges that LISTED SIMPLY is not responsible and has not agreed to prepare any purchase documents, legal documents, or otherwise, on behalf of SELLER under this Listing Agreement. LISTED SIMPLY recommends SELLER consult with an attorney to prepare all such documents.  SELLER acknowledges that LISTED SIMPLY offers additional services to assist the SELLER with purchase documents and transaction management which the SELLER may purchase separately from this Listing Agreement. The services are available on ListedSimply.com/tms.
14. TERMINATION / REFUNDS

14.1. 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.  GEORGIA MLS charges $30 to cancel your listing from the MLS.  Upon submitting a cancellation request to Listed Simply, you will need to pay the $30 cancellation fee to cancel/withdraw your listing from ther Georgia MLS. 

14.2. 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.

14.3. 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.

14.4. 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. If LISTED SIMPLY elects to terminate this Listing Agreement; the Listing Fee will be refunded, in full, to the Seller(s).

14.5. 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.

15. 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.

16. INDEMNIFICATION / HOLD HARMLESS

16.1. LISTED SIMPLY has no involvement with the offering by the SELLER of the Property for sale and has no liability with respect to SELLER’S representation of the condition and/or description of the Property contained in the MLS listing or otherwise.

16.2. SELLER acknowledges that State law requires specific disclosures when selling real property and SELLER is solely responsible for providing these disclosures to a buyer, Facilitator, buyer’s agent/broker, or Cooperating Agent/Broker. SELLER agrees indemnify, hold harmless, and defend LISTED SIMPLY and its members, directors, agents and employees of any loss, damages, costs, fees, claims and suits arising out of this Listing Agreement, including but not limited to; SELLER’S negligence, representations, misrepresentations, false statements, misleading statements, actions or inactions, the existence of undisclosed material facts about the subject real property, and the like.

16.3. In any litigation arising out of this Listing Agreement brought by a third party or by the SELLER for any reason, including but not limited to negligence, etc. against LISTED SIMPLY or its affiliates and authorized agents, LISTED SIMPLY and its affiliates and agents will be entitled to recover reasonable attorney fees, costs and expenses from the Seller(s).

16.4. Except for clearly foreseeable and negligent acts by LISTED SIMPLY or its affiliates and authorized agents or the failure of LISTED SIMPLY or its affiliates and authorized agents to meet its duties detailed in this Listing Agreement, SELLER agrees to hold LISTED SIMPLY and its affiliates and authorized agents harmless for all injuries suffered, monetary or otherwise, arising out of the sale or negotiation of the sale of the subject real property.

17. MLS RULES REGARDING “LAWN SIGNS”

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

17.2. 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.

17.3.  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.

18. THIRD PARTY INTERNET WEBSITES

18.1.  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.

18.2.  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.

18.3.  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;

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

18.4. 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”. 

19. BUSINESS HOURS

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

20. PAYMENT

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

21. 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.

22. DISPUTES

In the event of any disputes arising from this Listing Agreement, the parties involved hereby agree that such disputes shall be subject to arbitration through JAMS (Judicial Arbitration and Mediation Services) within the jurisdiction of San Diego, California. In the absence of an amicable resolution through arbitration, the exclusive jurisdiction for resolving any disputes shall rest with the California state courts situated in the county of LISTED SIMPLY's main office, namely San Diego County. The Agreement shall be governed by and construed in accordance with California state law, regardless of any conflicts it may have with the laws of other states.

 

23. 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.

24. 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