Fillable EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT FOR T

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EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT FOR T

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Page 1 of 9 Copyright Northeast Florida Multiple Listing Service, Inc. TBLA– NEFMLS-1
06/01/2020
EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT
FOR T
RANSACTION BROKER
Copyrighted by and Suggested for use by the Subscribers of the
Northeast Florida Multiple Listing Service, Inc. (“NEFMLS”)
THIS EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT (“Agreement”) is made by and between 1
____________________________________________________________________________ (“BROKER”) and 2
__________________________________________________________________________________________ 3
________________________________________________________________________________ (“SELLER”) 4
(names as reflected on deed and, if individuals, names as reflected on government-issued photo ID and marital 5
status), who agree to the following terms and conditions and as completed or marked. 6
SELLER represents that SELLER has legal authority and capacity to convey the Property and that no 7
other person or entity has an ownership interest in the Property. If the Property is held in a trust or in a 8
limited liability company (“LLC”), SELLER agrees to provide the closing attorney/settlement agent with a 9
copy of the trust or operating agreement for an LLC upon request. 10
1. GRANT OF EXCLUSIVE RIGHT TO
SELL PROPERTY: SELLER grants
BROKER the EXCLUSIVE RIGHT11
TO SELL the real p
roperty described below (the “Property”) at the price and upon the terms described below
, or12
at any other p
rice and terms as may be acceptable to SELLER, for an exclusive listing term beginning13
_____________________________ and terminating at 11:59 p.m. on ______________________________.
If14
the date of executio
n of this Agreement is other than the beginning of the listing term, all terms and conditions of15
this Agreement will be effective as of the date of the execution of this Agreement other than Broker’s oblig
ations16
unde
r paragraph 5 of this Agreement. Upon acceptance of an agreement for purchase an
d sale of the Property,17
all rights a
nd obligations under this Agreement will automatically extend through the closing (consummatio
n) of18
the sale of th
e Property under that agreement. SELLER acknowledges that this Agreement does not guarantee a19
sale.20
The Property
is or is not SELLER’s principal residence. ________ / ________ initials of SELLER 21
Under Florida law, the sale of a principal residence requires SELLER’s spouse to sign the deed even if 22
SELLER’s spouse’s name is not on the SELLER’s present deed. If applicable, the SELLER’s spouse will 23
sign this Agreement to confirm his or her willingness to sign the deed required for closing. 24
2. PROPERTY DESCRIPT
ION
:25
(A) Street ad
dress, city, zip code: ______________________________________________________________26
(B) The Property is located in ___________________County, Florida.27
28
(C) Prop
erty Tax ID No.: _____________________________________________________________________29
(D) Leg
al description of the Property (if lengthy, see attached legal description): _________________________30
_________________________________________________________________________________________ 31
(E) If a mobile home is in
cluded, the VINs are: _________________________________________________
__
32
(F) PERSONAL PROPE
RTY: The following items, if owned by SELLER and existing on the Property on t
he33
date of a buyer’s offer, a
re included in the Purchase Price: range/oven, cooktop, dishwasher, disposal, ceiling 34
fans, trash compactor, audio/visual system wiring, smart outlets, thermostats, keyless entry devices, solar 35
panels, light fixtures and bulbs, smoke detector(s), bathroom mirrors, drapery hardware, all window treatments, 36
garage door opener and controls, security gate and other access devices, mailbox and mailbox key if applicable, 37
fence, plants and shrubbery all as now installed on the Property, and those additional items checked below (to 38
which no value has been assigned). 39
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Refrigerator(s) Microwave Oven Pool fence/barrier Mounted/installed speakers 40
Washer Window/wall a/c Pool Sweep Water softener/treatment system 41
Dryer Built-in Generator Above-Ground Pool Storm shutters and panels 42
Gas logs Wine cooler Storage Shed Spa or hot tub with heater 43
Security Cameras Other smart home devices (must specify): _________________________________ 44
Other (specify): _______________________________________________________________________45
______________________________________________________________________________________ 46
______________________________________________________________________________________ 47
Items specifically excluded from this Agreement: _______________________________________________ 48
____
__________________________________________________________________________________ 49
3. TERMS: The Prop
erty is to be offered for sale upon the following terms and conditions:50
(A) LISTING
PRICE: $ ______
51
If SELLER changes the listing price review paragraph
4 again.
/ initials of SELLER
52
(B) METHOD OF PAYME
N
T:
Cash Conventional loan VA loan FHA loan USDA loan 53
SELLER financing (attach Seller Financing Addendum) 54
Mortgage assumption (attach Mortgage Assumption Addendum) 55
If SELLER financing or mortgage assumption, check with an attorney and/or lender to determine the 56
extent of your potential liability. 57
(C) SELLER
EXPENSES: SELLER agrees
to pay:58
(1) Closing Costs: deed stamps, owner’s title insurance policy, title search, closing attorney/settlement59
fee, Broker transaction fee(s), survey map, satisfaction of mortgages and recording fees, municipal lien60
search and public body special assessments if required by a buyer, SELLER’s courier/wire fees, repairs,61
replacements and treatments that may be agreed upon by SELLER and a buyer after the appraisal an
d62
prop
erty inspections,
one-year home warranty (mark if applicable), other (specify, such as amount63
of SELLER contributions toward a buyer’s closing costs and prepaids, etc.)64
65
66
67
68
69
70
71
72
73
74
75
76
(2) All other charges required by a buyer’s lender in connection with a buyer’s loan(s) which a buy
er is
prohibited from paying by law or regulation.
(3) Condominium and homeowners’ association estoppel/statement fees, payable upon request by the
closing attorney/settlement agent.
(4) All mortgage payments, condominium and homeowners’ association fees and assessments, costs to
cure all association violations, reasonable cost to cure governmental regulation/permitting matters, taxes
and Community Development District (CDD) fees, and public body (government) special assessments
due and payable, shall be paid current at SELLER’s expense at the time of closing.
(5) Property Assessed Clean Energy Financing (PACE) liens on the Property will be paid in full at or prior
to closing by the SELLER.
77
(D) PRORATIONS: All taxes, rents, condominium and homeowners’ association fees, solid waste78
collection/recycling/disposal fees, stormwater fees, and CDD fees will be prorated through the day before closing 79
based on the most recent information available to the closing attorney/settlement agent, using the gross tax 80
amount for estimated tax prorations. 81
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(E) POSSESSION 82
Buyer will be given possession at closing; or 83
Buyer will be given possession within ____ days after the date of closing at no rental cost to SELLER except 84
as otherwise agreed between SELLER and a buyer. 85
If possession is to be delivered before or after closing, a buyer and SELLER shall execute a separate 86
possession agreement prepared by legal counsel at possessor’s expense at least 5 days before the date 87
of closing. 88
SELLER represents that there are no parties in possession other than SELLER, or that any parties in 89
possession other than SELLER shall vacate the Property before the date of closing; or 90
The Property is available for rent or rented and the tenant may continue in possession pursuant to the terms 91
of the current lease following the date of closing unless otherwise agreed in writing between the landlord and 92
tenant. Within 5 days after date of acceptance of a purchase and sale agreement, SELLER shall provide that 93
buyer with a copy of all current leases and rent rolls for the Property and deliver to that buyer originals of same at 94
closing. At closing, all tenant deposits will be transferred from SELLER to that buyer, and any leases shall be 95
deemed to have been assigned by SELLER to that buyer, and the obligations thereunder assumed by that 96
buyer. 97
If the Property is rented, the lease term expires on_____________________ with
no tenant option to renew 98
or extend; or
with a tenant option to renew or extend; the rent due date is the __________ day of the month; 99
the rental amount is $______________ per month; and the security deposit is $___________ . 100
SELLER shall sweep the Property clean and remove all personal property not included in the sale by time 101
of that buyer’s possession or closing, as applicable. 102
TENANT OCCUPIED PROPERTY. If Property is currently tenant occupied, then Seller should obtain written 103
consent from tenant for the following and provide such consent to Broker: 104
To photograph and/or videograph the inside of the Property. If Seller is unable to obtain such authorization 105
from tenant, Broker may not photograph and/or videograph the inside of the Property, and may only photograph 106
and/or videograph the Property from the street; and 107
To hold an open house to allow prospective buyers to view the Property. If Seller is unable to obtain such 108
authorization, Broker shall not hold an open house of the Property. NOTE: Tenant’s consent to allow Broker to 109
hold an open house does not obligate Broker to do so. 110
4. FINANCIAL REPRESENTATION (Mark only one box): 111
SELLER represents to Broker that the listing price will produce sufficient funds or that SELLER has readily 112
available funds to satisfy all mortgages and liens encumbering the Property and pay all closing costs described in 113
paragraph 3 hereof; or 114
SELLER does not have the readily available funds to satisfy all mortgages and liens encumbering the 115
Property and pay all closing costs described in paragraph 3 hereof. A SHORT SALE/PRE-FORECLOSURE 116
Addendum must be completed and attached to this Agreement; 117
If SELLER has acquired the Property through foreclosure, SELLER authorizes or does not authorize 118
Broker to disclose, advertise, and market the Property publicly as a FORECLOSED property as permitted in the 119
NEFMLS system, in other public marketing media, and as part of any signage advertising the Property. SELLER 120
acknowledges that this disclosure, advertising and marketing may be provided to the general public and displayed 121
on any electronic display. 122
IF ANY OF THE REPRESENTATIONS MADE ABOVE CHANGE FOR ANY REASON, SELLER AGREES TO 123
IMMEDIATELY NOTIFY BROKER IN WRITING AND TO UPDATE THE FINANCIAL REPRESENTATIONS AS 124
APPROPRIATE. 125
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5. BROKER OBLIGATIONS AND AUTHORITY AND SELLER’S REPRESENTATIONS: 126
(A) SELLER
consents or does not consent to the utilization of a Northeast Florida Association of 127
REALTORS, Inc. (“NEFAR”) authorized lock box system. _______/________initials of SELLER. If SELLER 128
consents to the utilization of a NEFAR authorized lock box system, see Lock Box Addendum. 129
(B) SELLER authorizes BROKER to
Withhold verbal offers and/or Withhold all offers after SELLER 130
accepts a purchase and sale agreement, unless it is a short sale. _______/________initials of SELLER 131
(C) SELLER authorizes and BROKER agrees to: (1) if Broker desires, cause the Property to be photographed 132
(and videoed, including by drone/aerial, in compliance with all laws/regulations), and place the Property, the 133
photographs and videos if any, in NEFMLS; (2) report to NEFMLS the terms and financing information on any 134
resulting sale for use and distribution by NEFMLS and NEFAR; (3) provide timely notice of status changes of the 135
listing to NEFMLS and provide sales information, including selling price, to NEFMLS upon sale of the Property; (4) 136
if BROKER desires, place appropriate signs on the Property if permissible; (5) advertise the Property as BROKER 137
deems advisable except if limited in paragraph 4 or 5 hereof; (6) if BROKER desires, order and obtain all items 138
necessary to close on the sale of the Property including, but not limited to, title insurance, survey map, municipal 139
lien search and home warranty; (7) at BROKER’s option, use SELLER’s name in connection with marketing and 140
advertising of the Property, before and after the sale; and (8) obtain any information relating to the present 141
encumbrances on the Property and association information. 142
(D) SELLER represents and warrants that SELLER is fully authorized to license the listing content as 143
contemplated by and in compliance with this Agreement. SELLER hereby grants to NEFMLS, NEFAR and 144
BROKER the irrevocable and unlimited right to license, use, publish, reproduce, compile, use in any NEFMLS 145
compilations and any statistical reports and comparable sales reports, distribute, display, store, disseminate, and 146
license to others all text, written descriptions, graphics, photos, drawings, videos, virtual tours, documents and 147
any other types of data entered into the NEFMLS system. SELLER hereby releases to NEFMLS, NEFAR and 148
BROKER all of the SELLER’S interests in all intellectual property rights therein, and SELLER agrees to indemnify 149
and hold them harmless from all losses, damages, costs, and expenses, including reasonable attorney’s fees, 150
which may be incurred because of third party claims concerning intellectual property rights. This indemnity and 151
hold harmless will survive performance of this Agreement by BROKER, termination of this Agreement and the 152
closing of the sale of the Property. SELLER understands and agrees that public websites determine their 153
own content and use of data, and therefore NEFMLS, NEFAR and BROKER have no control over any 154
electronic display and no obligation to remove any of the above content from any electronic display at 155
any time. 156
(E) ELECTRONIC DISPLAY (mark one of the following): 157
1.
SELLER authorizes BROKER to display all listing content relating to the Property on any electronic display 158
without restriction except that information deemed confidential by NEFMLS; or 159
2.
SELLER authorizes BROKER to display all listing content relating to the Property on any electronic display 160
without restriction except that information deemed confidential by NEFMLS and the street address of the 161
property; or 162
163
3.
SELLER does not authorize BROKER to display listing content relating to the Property on an electronic 164
display except internally within the NEFMLS system. SELLER understands and acknowledges that if SELLER 165
has selected this option consumers who conduct searches for listings on an electronic display will not see 166
information about the Property in response to their search. If SELLER withholds consent for listing content display 167
on all electronic displays except BROKER’s, BROKER may take the listing but it is not eligible for inclusion in 168
NEFMLS. _______/_______initials of SELLER 169
If either box 1 or box 2 above is marked, SELLER must complete both of the following two selections: 170
SELLER
does or does not allow an electronic display to perform and display an Automated Valuation 171
Model (AVM) estimate of the market value of the Property or to link to any display to obtain such estimate. 172
Page 5 of 9 Copyright Northeast Florida Multiple Listing Service, Inc. TBLA– NEFMLS-1
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SELLER
does or does not allow third parties to write comments, reviews or blogs concerning the Property 173
or to link to an electronic display to obtain such comments, reviews or blogs on an electronic display. 174
6. SELLER OBLIGATIONS: SELLER agrees to: (A) cooperate with BROKER in carrying out the purposes of this 175
Agreement, and to refer immediately to BROKER all inquiries regarding the sale of the Property; (B) provide 176
BROKER with keys to the Property and make the Property available to BROKER to show during reasonable 177
times; (C) make the Property available to a buyer, buyer’s representatives, buyer’s broker, buyer’s licensed 178
inspectors/contractors, and appraisers for inspections and investigations during the time provided in a purchase 179
and sale agreement, and to keep utilities active until closing; (D) inform BROKER prior to leasing, mortgaging or 180
otherwise encumbering the Property, including advances on any home equity line of credit, or filing 181
bankruptcy; (E) indemnify and hold BROKER, NEFMLS and NEFAR harmless from all losses, damages, costs 182
and expenses of any nature, including reasonable attorney’s fees, and from liability to any person which BROKER 183
incurs because of SELLER’s negligence, representations, misrepresentations, actions, inactions, use of a lock 184
box, and/or the existence of facts materially affecting the value of the Property, which indemnity and hold 185
harmless will survive performance of this Agreement by BROKER, termination of this Agreement and the closing 186
of the sale of the Property; (F) authorize BROKER in response to inquiries from buyers and cooperating brokers 187
to disclose the existence of offers and whether such offers were obtained by the listing licensee, by another 188
licensee of BROKER, or by a cooperating broker; (G) comply with the Foreign Investment in Real Property Tax 189
Act (FIRPTA); (H) comply with all mandatory disclosure requirements imposed by federal and state laws and 190
regulations, and by local ordinances including, but not limited to, those pertaining to noise and airport notice 191
zones, energy efficiency, radon gas and lead-based paint; (I) execute a statutory general warranty deed, 192
trustee’s, personal representative’s or guardian’s deed as appropriate to the status of SELLER unless otherwise 193
specified here: _____________________; and (J) not engage in any audio recording of anyone including, but not 194
limited to, a buyer, buyer’s representatives, buyer’s broker, inspectors or appraisers when any of them are on the 195
Property without SELLER obtaining the advance written consent of all persons affected. In accordance with 196
Florida Statute 934 you must obtain the consent of all persons affected for audio recordings and, for video, 197
SELLER should post a written notice in a conspicuous place stating that a video surveillance system has been 198
installed for the purpose of security for the premises “when a person has a reasonable expectation of privacy”. 199
The Property
does or does not have an active audio surveillance system; and does or does not have 200
an active video surveillance system. SELLER agrees to indemnify and hold harmless NEFMLS, NEFAR and 201
BROKER from all losses, damages, costs and expenses, including reasonable attorney’s fees, which may be 202
incurred because of third party claims resulting from SELLER’s failure to abide by the foregoing. 203
The Property is subject to the following: 204
Homeowner’s association fees/ assessments for _________________ (name of community) in the amount 205
of $__________ per _________ payable to ___________________________________________ 206
Master association fees/ assessments for _______________________ (name of community) in the amount 207
of $__________ per _________payable to ____________________________________________ 208
Capital contribution to homeowners’ or condominium association in the amount of $ ___________ 209
Condominium association fees/maintenance assessments for _________________ (name of condominium) 210
in the amount of $__________ per _________ payable to ____________________________ 211
Condominium or homeowners’ association special assessments in the amount of $________ per 212
CDD fees/assessments in the amount of $ per year 213
Government/Public body special assessments, specifically_______________________________________ 214
in the amount of $_____________ per __________ 215
Page 6 of 9 Copyright Northeast Florida Multiple Listing Service, Inc. TBLA– NEFMLS-1
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Name, addre
ss, phone number, and email for each association to which a fee/assessment must be paid: 216
_________________________________________________________________________________________________ 217
________________________________________________________________________________________________ 218
__________________________________________________________________________________________________ 219
__________________________________________________________________________________________________ 220
A right of first refusal or option to buy the Property by the condominium or homeowner’s association
or anyone else
7. DEPOSIT: If SELLER is entitled to retain a buyer’s binder deposit(s) as liquidated damages, after deducting221
any unpaid closing costs incurred, the balance thereof shall be divided equally between SELLER and BROKER,222
except BROKER’s share shall not exceed the total amount of the broker compensation specified below.223
8. COOPERATION and COMPENSATION: Broker will cooperate with and compensate, as stated below,224
NEFMLS brokers and any broker who reciprocates with NEFMLS. For finding a buyer ready, willing and able to225
purchase the Property, SELLER will pay BROKER, no later than the date of closing, a broker transaction fee of226
$_______________ and ______________% of the Purchase Price or $_______________, whichever is greater,227
whether a buyer is secured by BROKER, SELLER, or any other person. BROKER agrees to offer cooperating228
broker compensation of:229
______% of the Purchase Price or $__________ to a single agent for a buyer; 230
______% of the Purchase Price or $__________ to a transaction broker for a buyer; and 231
______% of the Purchase Price or $__________ to a non-representative broker. 232
If no cooperating broker compensation is offered, the Property cannot be placed in NEFMLS. SELLER hereby 233
directs closing attorney/settlement agent to disburse at closing all compensation to brokers payable hereunder. 234
The brokerage compensation is due in the following circumstances: (1) if any interest in the Property is 235
transferred, whether by sale, exchange, governmental action, bankruptcy or any other means of transfer, 236
regardless of whether a buyer is secured by BROKER, SELLER or any other person or entity; (2) if SELLER 237
refuses or fails to accept an offer at the listing price and terms stated in this Agreement or any amendments to 238
this Agreement, including refusal to accept such an offer with a closing date within 90 days of the date of the offer, 239
fails to perform or defaults on an executed purchase and sale agreement, or agrees with a buyer to cancel an 240
executed purchase and sale agreement without BROKER’S written consent. If there is a conveyance of the 241
Property within 12 months after termination of this Agreement to any person or entity to whom the Property has 242
been shown during the term of this Agreement, including any extensions hereof, SELLER will pay the full 243
brokerage compensation to BROKER on demand. However, no brokerage compensation will be due BROKER if, 244
after this Agreement is terminated, the Property is listed with another broker and sold through that broker. In any 245
sale of the Property, permission is given to BROKER to receive brokerage compensation from both a buyer and 246
SELLER. 247
In the event the Property is rented or leased during the term of this Agreement or within 12 months after 248
termination of this Agreement to any person or entity to whom the Property has been shown during the term of 249
this Agreement, including any extensions hereof, SELLER will pay BROKER a rental or leasing fee of _____% of 250
the gross rentals paid or to be paid, or a flat fee of $___________, whichever is greater, on the date SELLER 251
enters into a lease or an agreement to lease, whichever is earlier; however, no rental or leasing fee will be due 252
BROKER if, after this Agreement is term
inated, the Property is listed with anothe
r broker and rented or leased 253
through that broker. If there is a conveyance of title to the Property to any such person or entity (tenant) within 12 254
months from the termination of any lease or rental agreement or extensions thereof pursuant to which BROKER 255
would be entitled to a rental or leasing fee, SELLER will pay BROKER the full brokerage compensation on 256
demand. 257
The broker compensation is fair and reasonable and a result of arm’s length negotiations. Closing is not a 258
prerequisite for the broker compensation being earned and payable to BROKER. 259
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9. DAMAGES: SELLER and BROKER
acknowledge that damages suffered by BROKER in the event SELLER260
cancels this Agreement or otherwise prevents performance hereunder prior to BROKER finding a buyer ready,261
willing and able to purchase the Property are unascertainable at the present time, and that BROKER will incur262
damages, such as expenses for overhead, advertising, transportation and time. Accordingly, in the event this263
Agreement is canceled by SELLER or SELLER otherwise prevents performance hereunder prior to BROKER264
finding a buyer ready, willing and able to purchase the Property, SELLER agrees to pay BROKER on demand, as265
liquidated damages, _______% of the then current listing price or $____________________________________,266
the same being bonafide, fair and reasonable, and a result of arm’s length negotiations.267
10. DISPUTES AND WAIVER OF JURY TRIAL: All controversies and claims between SELLER and BROKER,268
directly or indirectly, arising out of or relating to this Agreement or the Property will be determined by non-jury trial.269
SELLER and BROKER hereby knowingly, voluntarily and intentionally waive any and all rights to a trial by jury in270
any litigation, action or proceeding involving SELLER or BROKER, whether arising directly or indirectly from this271
Agreement or the Property or relating thereto. If SELLER fails to perform any of SELLER’s obligations, or if any of272
SELLER’s representations are untrue and, if litigation ensues involving BROKER, SELLER agrees to pay273
BROKER’s reasonable attorney’s fees and costs, including in bankruptcy and on appeal. In the event of a dispute274
between a buyer and SELLER as to entitlement to the binder deposits, the holder of the binder deposits may file275
an interpleader action in accordance with applicable law to determine entitlement to the binder deposits, and the276
interpleader’s reasonable attorney’s fees and costs shall be deducted from the binder deposits and assessed277
against the non-prevailing party, or the broker holding the binder deposits may request the issuance of an escrow278
disbursement order from the Florida Division of Real Estate and, in either event, SELLER agrees to be bound279
thereby, and shall indemnify and hold harmless the holder of the binder deposits from all losses, damages, costs,280
and expenses, including reasonable attorney’s fees upon disbursement in accordance therewith. As used in this281
Paragraph 10, BROKER means BROKER and all of Broker’s licensees.282
11. MATERIAL FACTS AND DEFECTS: SELLER represents that SELLER has no knowledge of facts materially283
affecting the value of the Property other than those which a buyer can readily observe except
284
__________________________________________________________________________________________. 285
SELLER further represents that the Property is not now and will not be prior to the date of closing subject to a 286
municipal or county code enforcement proceeding and that no citation has been issued except 287
288
__________________________________________________________________________________________ 289
If the Property is or becomes subject to such a proceeding prior to the date of closing, SELLER shall comply with 290
Florida Statutes 125.69 and 162.06. Notwithstanding anything contained within said Statutes to the contrary, 291
SELLER shall be responsible for compliance with applicable codes and all orders issued in such proceeding 292
unless otherwise agreed to between the parties in a purchase and sale agreement. SELLER has received no 293
written or verbal notice from any governmental entity or owners’ association as to uncorrected Property, 294
environmental or safety code violations, and SELLER has no knowledge of any repairs or improvements made to 295
the Property not in compliance with governmental/owners’ association regulations/permitting except 296
297
298
299
To the best of SELLER’S knowledge, the Property: 300
301
302
303
304
was or was not built prior to 1978. If the Property was built prior to 1978, the Lead Based Paint
Disclosure is required to be part of any purchase and sale agreement; and
is or is not located either partially or totally seaward of the Coastal Construction Control Line (CCCL)
as defined in Florida Statute 161.053. If the Property is located seaward of the CCCL, the Coastal Construction
Control Line Disclosure is required to be part of any purchase and sale agreement.
305
12. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: There are no agreements, promises or306
understandings, either expressed or implied, between SELLER and BROKER other than those specifically set307
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forth herein. This Agreem
ent is not binding unless signed or initialed as appropriate, and delivered by and to 308
SELLER and BROKER. Any written communication or notice, including execution and delivery of this Agreement, 309
between BROKER and SELLER may be transmitted by electronic media. This Agreement may be signed in 310
counterparts. Modifications to this Agreement will not be binding unless in writing, signed and delivered by and to 311
SELLER and BROKER, except modifications communicated by email and text do not require a signature of 312
SELLER or BROKER. For purposes of SELLER’s indemnifications, agreements to hold harmless and 313
authorizations in this Agreement, BROKER shall be deemed to include BROKER’s licensees. 314
If any SELLER is married and BROKER has not been notified in writing by any SELLER that 315
divorce proceedings are pending, any modification to this Agreement and/or communication 316
(including without limitation price changes, extensions and changes to NEFMLS listing 317
information) from either spouse shall be deemed binding on the other spouse and may be relied 318
upon by BROKER, and SELLER hereby appoints SELLER’s spouse as agent (attorney in fact) 319
for these purposes. Headings are for reference only and shall not be deemed to control interpretations. If any 320
provision of this Agreement is or becomes invalid or unenforceable, all remaining provisions will continue to be 321
fully effective. All references to a time of day shall be Eastern Time. TIME IS OF THE ESSENCE IN THIS 322
AGREEMENT. SELLER represents that all prior agreements regarding the sale of the Property have been 323
terminated. The Property is to be offered to any person without regard to race, color, religion, sex, handicap, 324
familial status, national origin, sexual orientation or gender identity. This is a legal contract and binds SELLER 325
and the heirs, legal representatives, successors and assigns of SELLER and the assigns of BROKER. BROKER 326
may terminate this Agreement without cause upon 24 hours written notice to SELLER. This Agreement shall be 327
construed and enforced according to the laws of the State of Florida. Venue for any litigation shall be in the 328
county where the listing office is located. 329
Neither BROKER nor BROKER’s licensees are experts in tax, legal, financial, property 330
condition, and environmental matters. BROKER advises SELLER to consult with 331
appropriate professionals on these matters. 332
13. BROKERAGE RELATIONSHIP: Under this Agreement, BROKER will act as a transaction broker. BROKER333
will deal honestly and fairly with SELLER, will account for all funds, will use skill, care and diligence in the334
transaction, will disclose all known facts that materially affect the value of the Property, if residential, which are not335
readily observable to a buyer, will present all offers and counteroffers in a timely manner unless SELLER directs336
BROKER to do otherwise in writing, and BROKER will have limited confidentiality with SELLER unless waived 337
in writing. 338
14. ADDITIONAL TERMS AND CONDITIONS:
339
340
341
342
343
344
345
346
347
348
15. FIRPTA:
Mark if any SELLER is not a U.S. citizen or resident alien.349
If any SELLER is a “foreign person” as defined by FIRPTA, SELLER may be required to provide funds at closing350
up to 15% of the Purchase Price. SELLER agrees to disclose to closing attorney/settlement agent at least 10351
days before closing if any SELLER is not a U.S. citizen or resident alien. If any SELLER is a “foreign person”,352
SELLER should consult with a qualified tax attorney or certified public accountant without delay.353
16. SOCIAL SECURITY NUMBER OR TAX ID NUMBER: SELLER agrees to provide SELLER’s complete Social354
Security or Tax I.D. number to closing attorney/settlement agent upon request.355
Page 9 of 9 Copyright Northeast Florida Multiple Listing Service, Inc. TBLA– NEFMLS-1
06/01/2020
17. RECEIPT
: Pursuant to Florida Statute 475, BROKER must provide SELLER with a copy of this Agreem
ent356
within 24 h
ours of execution by BROKER and SELLER.357
18. SELLER AUT
HORIZATION: SELLER hereby authorizes BROKER and closing attorney/settlement age
nt to358
comm
unicate with SELLER’s lenders, foreclosure attorneys, bankruptcy trustee, associations
, and other359
encumbrance holders, to obt
ain payoff/estoppel letters from them, and any other information on behalf of360
SELLER. Thi
s authorization applies to BROKER and all of BROKER’s licensees.361
WIRE FRAUD ALERT. Every day criminals are trying to steal your money by hacking email 362
accounts of real estate agents, title companies, settlement attorneys and others, resulting in 363
fraudulent wire instructions being used to divert funds to the account of the criminal. The 364
emails look legitimate, but they are not. SELLER is advised not to wire any funds without 365
personally speaking with the intended recipient of the wire to confirm the routing number and 366
the account number. SELLER should not send personal information such as social security 367
numbers, bank account numbers and credit card numbers except through secured email or 368
personal delivery to the intended recipient. SELLER agrees to indemnify and hold harmless all 369
brokers from all losses, liabilities, charges and costs they may incur due to any and all wire 370
transfers or wire instructions relating to the transfer or issuance of funds. 371
372
After you receive a Federal Reference Number from your sending financial institution you may 373
want to verify as soon as possible with the intended recipient of the wire that they received your 374
money. If you cannot verify that the wire was received by the intended recipient, immediately 375
contact the financial institution that sent the wire. 376
___________________________________ ________________ _____________________________________ _________ 377
SELLER Printed Name Marital Status SELLER Signature Date 378
___________________________________ ________________ _____________________________________ _________ 379
SELLER Printed Name Marital Status SELLER Signature Date 380
___________________________________ ________________ _____________________________________ _________ 381
SELLER Printed Name Marital Status SELLER Signature Date 382
___________________________________ ________________ _____________________________________ _________ 383
SELLER Printed Name Marital Status SELLER Signature Date 384
Preferred Contact Information for SELLER:
385
______________________________________________________________________________________________
386
Name and Mailing Address 387
______________________________________________________________________________________________
388
Email Address Phone Number(s) 389
390
BROKER Firm Name Listing Office Phone # 391
392
Listing Office Address 393
394
Signature of Listing Licensee Date Listing Licensee Phone # 395
396
Printed Name of Listing Licensee Listing Licensee Email Address 397
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EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT FOR T

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Completed 1 October 2020

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