EXCLUSIVE RIGHT TO SELL LISTIING AGREEMENT – Residential ...



EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT – Residential Property

To: Keller Williams Realty (Broker)

1. Brokerage & Commission. In consideration of the mutual promises herein by Broker to      

"Owner", (even if more than one), receipt whereof is hereby acknowledged, and in further consideration of the efforts of Broker to procure a buyer for the property located at       (the "Property "),

Owner agrees to pay Broker a commission of       of/from the gross consideration for which the Property is sold or exchanged,

by whomsoever such sale or exchange is effected. Broker shall have the exclusive right to SELL the Property until the       day

of       , 20      at the price of $     

($       ) or such other price as may be agreed upon by Owner and Broker in writing during the period of this Agreement and any continuance after such period. Upon delivery of a copy of this Agreement, the settling attorney is directed by Owner to apply Owner's proceeds first to payment of Broker's commission. Owner hereby assigns the proceeds of the sale to Broker in the amount required to fully satisfy the commission obligation as stated in this Agreement. Even if the Owner’s proceeds are not sufficient to satisfy the commission obligation, owner agrees to pay the full Broker’s commission at the time of settlement.

2. Protection Period. Such commission shall be paid if the Property is placed under agreement of sale, sold, conveyed or otherwise transferred by Owner within       days after the expiration of this Agreement or any extension thereof to anyone whom Broker or Owner has introduced to the Property prior to expiration provided Broker has given Owner notice in writing, including the names of any prospective buyers within five (5) business days after expiration. However, Owner shall not be obligated to pay such commission if a valid listing agreement is entered into with another licensed real estate broker during the protection period.

3. Continued Marketing. If an agreement of sale for the Property is entered into during the listing period, but does not settle, Broker shall continue to market the Property for the duration of this Agreement and any extensions thereof.

4. Default by Buyer. In the event of default by Buyer under an agreement of sale, Broker shall retain commission from sums paid on account or shall retain one-half of deposit monies, whichever is the lesser amount.

5. Fair Housing. Owner agrees to comply with all Fair Housing and Civic Rights laws in the sale of this Property and further agrees specifically not to discriminate against any person because of RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, SEX, MARITAL STATUS, FAMILIAL STATUS, AGE, OR HANDICAP.

6. Financing. The Agreement of Sale may be for cash or be contingent upon the buyer obtaining Conventional, FHA, VA,

and/or       mortgage financing.

7. Broker’s Activities. All advertising, which may include, but is not limited to, magazines, newspapers, internet, signs and other promotional vehicles, deemed necessary by Broker is authorized by Owner, and, unless otherwise specified, shall be paid by Broker. Owner authorizes Broker to file information concerning the Property, including the asking price and Owner's name, in any multiple listing service in which Broker is a participant. Owner authorizes Broker to report that the Property is under contract when Owner enters into an agreement of sale and to report all sales information including the sale price and terms with the understanding that the sale price and terms will not be published before settlement. Owner authorizes Broker to show the Property to prospective buyers and to place a "for sale" sign on the Property. Broker is authorized to accept and retain a deposit on the Property until settlement to be applied in accordance with the agreement of sale.

Broker is authorized to offer cooperation and compensation to other brokers on the following basis:

Subagents: Yes No Broker’s compensation offer to subagents ($ or %)      

Buyer’s Agents: Yes No Broker’s compensation offer to Buyer’s agents ($ or %)      

Disclosed Dual Agents: Yes No Owner acknowledges signing the Consumer Information Statement of the

Delaware Real Estate Commission which explains dual agency.

8. Showings. The Property shall be available for all showings immediately upon signing this agreement unless otherwise stipulated in writing.

9. Lockbox Authorization. Owner grants Broker, its Salespersons and Members and Affiliates of the New Castle County Board of REALTORS® and members of other cooperating REALTOR® associations permission to use a house key to access the Property and authorizes Broker to place a lockbox on the Property in connection with the marketing, sale and settlement of the Property. Owner recognizes that persons not under the control of Broker, such as other Brokers, its Salespersons, prospective buyers and experts retained by prospective buyers will come into Owner’s house and Property without Broker’s supervision through the use of the lockbox and key. Owner is cautioned to safeguard their valuable possessions so as to avoid theft or damage. Except for damages or claims for damages arising out of the negligence of the Broker or Salespersons associated with the Broker, or the negligence of the party seeking indemnification, Owner agrees to indemnify and hold harmless Broker, Broker’s salespersons, Cooperating Brokers, their associated Salespersons, the New Castle County Board of REALTORS®, and experts retained by a buyer or prospective purchaser, from and against any and all claims or damages, including their reasonable counsel fees and costs, arising out of the use of the key and lockbox, including but not limited to, claims for loss of property or for injury to persons or Property. Seller shall maintain fire and liability insurance until the time of settlement.

10. Title. Owner will convey to Buyer a good, marketable, fee simple title by deed of special warranty, free and clear of encroachments that would be shown by a mortgage inspection plan (survey), liens, and encumbrances of record, but subject to all existing easements and restrictions of record. Owner is not aware of any easements or restrictions affecting the Property which will materially interfere with use of the Property for residential purposes or place any undue burden on the Property or title to the Property. Unless otherwise disclosed in writing, the Owner is not aware that any improvements on the Property encroach over the property line onto any neighbor’s property, nor is Owner aware of any such encroachment from a neighbor’s property onto Owner’s Property. Unless otherwise disclosed in writing, the Owner is not aware of any improvements on the Property which violate any setback, front, rear or side yard requirements.

11. Seller’s Disclosure. Owner hereby represents and warrants to Broker that Owner, without assistance from Broker, has completed the Seller’s Disclosure of Real Property Condition Report as required by Delaware law and shall update the report for any material changes occurring in the Property before final settlement. This report discloses in writing to prospective buyers all material defects of the Property that are known by Owner. Owner authorizes Broker to give the report to prospective buyers.

12. Possession at Settlement. Possession of the Property shall be delivered vacant and broom clean by Owner to Buyer at time of settlement or as otherwise set forth in an agreement of sale.

13. Owner’s Authority. I/We hereby certify that I am/we are all of the owner(s) of the Property or am/are authorized to transfer the Property and that no third party consent is necessary to execute this agreement or convey the Property and by signing below hereby agree to the above terms.

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Witness Owner Date

     

Witness Owner Date

Owner will receive an executed copy of this agreement within five (5) business days.

Owner       Date      

Name (print)       SS#      

Mailing Address      

Phone #s       Fax #       E-mail      

Owner       Date      

Name (print)       SS#      

Mailing Address      

Phone #s       Fax #       E-mail      

Owner       Date      

Name (print)       SS#      

Mailing Address      

Phone #s       Fax #       E-mail      

Broker Keller Williams Realty Date      

ACCEPTED BY       SS#      

Mailing Address      

Phone #s       Fax #       E-mail      

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