NOTICE: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Seller and Broker (real estate commissions include all compensation and fees to Broker including the fee for this service).
1. TERM: This agreement will be effective for a period of 6 months beginning from the date this agreement is signed by the Seller. This agreement will automatically terminate at the expiration of a 6 month listing period. Seller may have their listing removed from Realtor.com upon request. However, the listing fee is non-refundable if cancelled by seller.
2. PURPOSE: (Sellers) hereby grant to (Broker) HomeWorks Real Estate the right to submit the property (with it's full address information) to an out-of-area MLS for the purpose of advertising as a Standard Listing on the national website Realtor.com. Seller agrees that a limited agency relationship is being created in this agreement. This agreement is for an MLS entry listing only for the sole purpose of advertising. Broker does not perform real estate services other than data entry into the MLS system. Broker WILL NOT represent the Seller in any resulting transaction, personally procure or attempt to find or obtain a buyer, negotiate the sale, or review offers. The non-refundable listing fee received by Broker shall be the listing Broker's earned compensation regardless of who brings the buyer or if Seller finds their own buyer.
3. PHOTOS: It is the responsibility of the Seller to take still photograph of the listed property and send the picture(s) to the Broker for the Broker to upload the picture(s) in MLS and Realtor.com. The Seller may submit up to 4 picture(s) in jpg format to the Broker by email. Seller understands that no listing can be placed in the MLS for Realtor.com without a photograph of the property.
4. ELECTRONIC SIGNATURES: Broker and Seller agree that an Electronic Signature or Sellers intent to create a legal binding agreement by any other means of any document executed through Broker's website, including but not limited to this agreement and addendums or amendments to this agreement, will be binding on both Broker and Seller and will be treated for all intents and purposes as if it was physically signed. "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The terms used in this Listing Agreement, including but not limited to Electronic Signature, should be construed in accordance with the Uniform Electronic Transaction Act.
5. REALTOR.COM: Realtor.com does not permit Broker to display Seller's contact information on the Realtor.com website. The Broker's name and phone number is displayed. Broker will add Seller's contact number to the Broker's phone system. The phone system will play Seller's phone number to the caller. Additionally, all email inquiries will be sent to Seller's email address. It is the Seller's sole responsibility to follow up with any and all inquiries.
6. PUBLIC WEBSITES: The Broker has no control over MLS data being uploaded into other public websites, and can not modify any data on these websites. The Broker is authorized to make changes in MLS Realtor System only.
7. SELLER ACCEPTS FULL RESPONSIBILITY FOR THE TIMELINESS: Seller will notify Broker within 24 hours of any changes or corrections. Seller understands that in many cases corrections are required, and Seller will allow Broker the necessary reasonable time to make MLS corrections after Seller notification. Seller will hold Broker harmless for problems in the MLS or Realtor.com not discovered until a later date. The listing normally takes a few hours to a few days to appear on Realtor.com. Seller assumes the responsibility for checking Realtor.com for listing display. Seller understands that Realtor.com updates their website regularly which may cause listing problems. Seller allows and understands that Realtor.com may require 72 hours (or longer) to make corrections to their website depending upon their technical support schedule.
8. COMMUNICATION: Seller agrees to respond to all email communications from Broker within 48 hours. If no response is provided by seller after 3 attempts at email communication, Broker has the lawful right to cancel the listing in the Realtor MLS. If the listing is cancelled, Seller will not be due a refund. Seller understands that email is the primary method of communication.
9. REFUND POLICY: All fees paid are non refundable upon the activation of your Realtor.com advertisement. If you cancel your listing after the listing data has been entered into the MLS Realtor.com data base then no refund is possible. This service is dependent upon and subject to MLS rules, Realtor.com, and other third party providers. In the event the Realtor.com service becomes unavailable for any reason and Broker is unable or willing to provide the Realtor.com service through other providers. Seller would receive a pro-rated refund of unused days less $129 administration fee.
10. SELLER SHALL HOLD BROKER HARMLESS: Seller shall indemnify, defend, and hold harmless Broker and/or any representative of Broker from any damages, costs, attorney fees and/or expenses whatsoever related to any claims made against Broker in connection with the Property or the condition thereof. In the event that an action and/or claim arises between Seller, Broker, Buyer, Buyer's Broker and/or any other third parties regarding any acts or omissions, negligence and/or all other liability, then Seller agrees to indemnify, defend and hold harmless Broke from said action and/or claim.