Fillable EXCLUSIVE RIGHT TO RENT AGREEMENT

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EXCLUSIVE RIGHT TO RENT AGREEMENT

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1
EXCLUSIVE RIGHT TO RENT AGREEMENT
THIS IS A LEGALLY BINDING CONTRACT (“AGREEMENT”). IF NOT FULLY UNDERSTOOD, WE RECOMMEND CONSULTING AN
ATTORNEY BEFORE SIGNING.
I/WE ______________________________________________________________________________ (“LANDORD”) the LANDLORD
of property located at ____________________________________________________________________ (“PROPERTY”) do hereby
give you, _________________________________________________________________________________ (“LISTING BROKER”)
the exclusive right to rent the PROPERTY for $ ____________________ from 12:01 A.M. on ______ / ______ / 20______
until 11:59 P.M. on ______ / ______ / 20______ (“LISTING PERIOD”) and to make an offer of compensation to all participants of the
OneKey Multiple Listing Service, LLC (OneKey MLS) authorized under law to receive a commission. OWNER and LISTING BROKER
agree that they are contractually bound by this AGREEMENT as of the Effective Date.
Further, OWNER and LISTING BROKER agree that no marketing, promotion, rental activity, or showings of the PROPERTY shall take
place until the LISTING CONTENT is entered into the OneKey MLS system and made available to other OneKey Participants on
__________________ (insert date).
No provision of this AGREEMENT is intended to nor shall be understood to establish or imply any contractual relationship between the
LANDLORD and OneKey MLS and/or any REALTOR Associations nor has OneKey MLS and/or any REALTOR Associations in any
way participated in any of the terms of this AGREEMENT, including the commission to be paid.
COMPENSATION
1. The LANDLORD hereby agrees to pay the LISTING BROKER a total commission of ______________.
Owner also agrees that said commission shall be shared with Cooperating Brokers as follows:
If the Cooperating Broker is a Landlord’s Agent _____% of the rental price or $_____________________.
If the Cooperating Broker is a Broker's Agent _____% of the rental price or $______________________.
If the Cooperating Broker is a Tenant’s Agent _____% of the rental price or $______________________.
This commission is offered to OneKey MLS participants only. _______________
OWNER INITIAL
COMMISSION EARNED AND OWNER(S) OBLIGATIONS AFTER THE EXPIRATION/TERMINATION OF AGREEMENT
2. A commission shall be earned and payable under any of the following conditions: (a) If the LISTING BROKER or cooperating broker
produces a tenant ready, willing and able to rent the PROPERTY on such terms and conditions acceptable to the LANDLORD; (b) If
through the LISTING BROKER's or cooperating broker's efforts a tenant and the OWNER reach an agreement upon all the essential
terms of a transaction; (c) If the PROPERTY is rented or LANDLORD delivers possession during the term of this LISTING AGREEMENT
whether or not the rental or delivery of possession is a result of the LISTING BROKER's efforts and even if the PROPERTY is rented or
LANDLORD delivers possession as a result of the efforts of the LANDLORD or any other broker or agent not acting under this LISTING
AGREEMENT; (d) If the LISTING BROKER or cooperating broker is the procuring cause of a transaction. If within _______ days after
the expiration or termination of the LISTING PERIOD, LANDLORD accepts a rental offer, enters into a rental agreement, rents the
property, or otherwise delivers possession of the PROPERTY to any person to whom the PROPERTY has been shown during the
LISTING PERIOD, LANDLORD will pay LISTING BROKER the aforementioned commission/fee as if LISTING BROKER had made the
rental provided the LANDLORD executes a valid rental agreement or delivers possession of the PROPERTY. The preceding sentence
shall not apply if LANDLORD in good faith enters into a valid rental listing agreement for the PROPERTY with another New York State
licensed real estate broker after the expiration or termination of this AGREEMENT.
3. If LANDLORD terminates this LISTING AGREEMENT or the LISTING BROKER’s authority provided herein prior to the end of the
LISTING PERIOD, the LISTING BROKER shall retain its contract rights (including but not limited to recovery of its commission,
advertising expenses and/or any other damages incurred) by reason of LANDLORD’s termination.
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LANDLORDS’S REPRESENTATIONS AND OBLIGATIONS
4. LANDLORD represents that all legal requirements including, but not limited to, rental permits, certificates of occupancy, or other
governmental permits, to create and maintain the rental unit which is the subject of this AGREEMENT have been obtained by LANDLORD
and are currently valid. The LANDLORD agrees at all times to act in good faith to assist the LISTING BROKER in the performance of the
LISTING BROKER’s obligations and to fully cooperate with the LISTING BROKER in its efforts to find a tenant for the property and
complete the transaction contemplated by this AGREEMENT.
MARKETING
5. LANDLORD grants to the LISTING BROKER full discretion to determine the appropriate marketing approach for the PROPERTY.
LISTING BROKER will undertake to find a ready, willing, and able tenant and in order to do so will engage in marketing activity which
may include all forms of advertising.
AUTHORIZATION FOR "FOR RENT" SIGN AND OTHER SERVICES
6. LISTING BROKER _____ (is) _____ (is not) authorized to place a “For Rent” sign on the PROPERTY. (Check one)
7. LISTING BROKER _____ (is) _____ (is not) authorized to use a lockbox. (Check one)
8. LANDLORD _____ (gives permission) ______ (does not give permission) to the LISTING BROKER to share keys to the PROPERTY
with cooperating brokers. (Check one)
PROPERTY FOR (NOT FOR) SALE
9. LANDLORD represents that the PROPERTY _____ (is) _____ (is not) for sale. (Check one). In the event that the PROPERTY is
currently for sale, the name of the listing sales broker, if any, is _____________________________________. LANDLORD represents
that if the PROPERTY shall be placed on the market for sale at any time during the term of this AGREEMENT or any extension hereof,
LANDLORD will promptly notify LISTING BROKER of the identity of the listing sales broker and that LISTING BROKER may elect to
terminate this AGREEMENT at such time, in LISTING BROKER’s sole discretion. In the event that the PROPERTY is sold by LANDLORD
to anyone with whom the LISTING BROKER or any cooperating broker is or was negotiating during the term of this AGREEMENT or any
extension hereof, LISTING BROKER shall be entitled to a selling commission from LANDLORD in the amount of_________________
of the sales price. This selling commission shall also be earned and payable from LANDLORD to LISTING BROKER in the event the
tenant procured by LISTING BROKER purchases the PROPERTY during the term specified in the AGREEMENT with or without the
existence of a written lease agreement. The selling commission shall be earned and payable to LISTING BROKER when the PROPERTY
is sold and title is transferred and conveyed by LANDLORD to the tenant, or, if not to the tenant, to any other person with whom LISTING
BROKER is or was negotiating during the term of this AGREEMENT. LANDLORD will not be obligated to pay such commission if after
the expiration of this AGREEMENT, LANDLORD in good faith enters into a valid listing agreement with another New York State licensed
real estate broker who receives a commission pursuant to such subsequent agreement.
CREDIT REPORTS
10. LANDLORD _____ (does) ______ (does not) hereby authorizes LISTING BROKER to obtain credit reports to the extent permissible
by law with respect to any prospective tenant and to provide same to and for the benefit of LANDLORD. (Check one)
ADDITIONAL POINTS
11. Additional Points, if any:
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
ALL MODIFICATIONS TO BE MADE IN WRITING
12. LANDLORD and LISTING BROKER agree that no change, amendment, modification or termination of this AGREEMENT shall be
binding on any party unless the same shall be in writing and signed by the parties.
3
MAINTENANCE OF PROPERTY
13. LANDLORD is responsible for the condition, maintenance and/or utilities for the PROPERTY including snow removal and lawn
maintenance. LANDLORD agrees to indemnify and hold harmless the LISTING BROKER and cooperating brokers from any claim arising
out of personal injuries to any persons injured on the PROPERTY and/or loss or damage to personal property except if caused by the
gross negligence of the LISTING BROKER or cooperating broker. LANDLORD shall have the right to select counsel in such event,
subject to the approval of the LISTING BROKER and/or cooperating broker, which approval shall not be unreasonably withheld.
ESCROW AND RECOVERY OF FEES
14. (a) Escrow. If, for any reason, LISTING BROKER is not paid the compensation set forth herein on the due date, LANDLORD
shall establish an escrow account with a party mutually agreeable to LISTING BROKER and LANDLORD or a title insurance agent or
company, and shall place into said escrow account an amount equal to the compensation set forth herein. The escrow monies shall be
paid by LANDLORD to said escrow agent and shall be held in escrow until the parties’ rights to the escrow monies have been determined
(i) by the written agreement of the parties; (ii) pursuant to an arbitration award; (iii) by order of a court of competent jurisdiction; or (iv)
some other process to which the parties agree to in writing.
(b) Attorney Fees. In any action, proceeding or arbitration to enforce any provision of this AGREEMENT, or for damages caused
by default, the prevailing party shall be entitled to reasonable attorney fees, costs and related expenses, such as expert witness fees and
fees paid to investigators. In the event LISTING BROKER hires an attorney to enforce the collection of any commission due hereunder
and is successful in collecting all or any portion thereof with or without commencing a legal action or proceeding, LANDLORD agrees to
pay the reasonable attorney fees, costs and related expenses incurred by LISTING BROKER.
INDEMNITY
15. In the event any claim or action is commenced against the LISTING BROKER or a cooperating broker as a result of the LISTING
BROKER or cooperating broker obeying the lawful instructions of the LANDLORD or relying on any representations made by LANDLORD
with respect to this Agreement, including but not limited to, the legality of the property, then, and in such event, the LANDLORD hereby
agrees to defend, indemnify and hold harmless the LISTING BROKER or cooperating broker in any such claim or action. LANDLORD
shall have the right to select counsel in such event, subject to the approval of the LISTING BROKER and/or cooperating broker, which
approval shall not be unreasonably withheld.
16. With respect to the provisions of this AGREEMENT relating to compensation, escrow, recovery of fees, and indemnity cooperating
brokers shall be third-party beneficiaries of this AGREEMENT.
COPYRIGHT NOTICE
17. LANDLORD authorizes the LISTING BROKER to enter information and any photograph, image, graphics or video recording, virtual
tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the
PROPERTY whether taken by the LISTING BROKER's agent, supplied by LANDLORD, or otherwise (“LISTING CONTENT”), into a
listing content compilation owned by OneKey MLS. The LANDLORD understands and agrees that said compilation is exclusively owned
by OneKey who alone possess the right to publish said compilation in any media form it deems appropriate. LISTING CONTENT may
be aggregated with that of other properties listed by participants in OneKey MLS, computer online networks and websites and become
copyrightable data pursuant to agreements with LISTING BROKER and such other third parties. By the act of submitting any LISTING
CONTENT to OneKey MLS, the LISTING BROKER has been authorized to grant and also thereby does grant authority to OneKey MLS
to include the LISTING CONTENT in its copyrighted MLS compilation and also in any statistical report. OneKey MLS may license, sell,
lease, and commercially utilize its compilation. Among other uses OneKey MLS may license or sell the LISTING CONTENT to
aggregators who will aggregate the LISTING CONTENT and resell the same. If any LISTING CONTENT are delivered by LANDLORD
to the LISTING BROKER for use in the OneKey MLS compilation, by virtue of such delivery and the execution of this AGREEMENT, the
LANDLORD hereby represents and warrants that the LANDLORD either: (1) holds all intellectual property rights including the copyrights
of the LISTING CONTENT; or (2) has a nonexclusive, perpetual, royalty-free, worldwide license to copy, distribute, display, create
derivative works, and publicly perform the LISTING CONTENT and the right to grant sublicenses through multiple tiers.
18. LANDLORD hereby grants to LISTING BROKER a non-exclusive, irrevocable, worldwide, royalty free license to use, sublicense
through multiple tiers, publish, display, reproduce and distribute the LISTING CONTENT or any derivative works thereof. LANDLORD
agrees to indemnify LISTING BROKER from any claim of infringement relating to the same. LANDLORD acknowledges and agrees that
as between LANDLORD and LISTING BROKER, all LISTING CONTENT developed by either the LANDLORD OR the LISTING BROKER
is deemed owned exclusively by LISTING BROKER, and LANDLORD has no right, title or interest in it.
4
ACKNOWLEDGEMENT
19. LANDLORD has read and understands this LISTING AGREEMENT and does hereby acknowledge receipt of a copy thereof. ALL
ORAL OR PRIOR AGREEMENTS BETWEEN THE PARTIES ARE HEREBY MERGED INTO THIS AGREEMENT AND THE PARTIES
AGREE THAT THEIR RELATIONSHIP SHALL BE GOVERNED SOLELY BY THIS AGREEMENT. This AGREEMENT is the entire
agreement between the parties and may not be changed except in a writing signed by both parties. This LISTING AGREEMENT shall
be binding upon the parties hereto, and their respective heirs, successors, or assigns as of the EFFECTIVE DATE. For purposes of this
LISTING AGREEMENT, “LANDLORD” refers to each and all parties who have an ownership interest in the PROPERTY and the
undersigned LANDLORD represents that he/she is/are the sole and exclusive owner and is fully authorized to enter into this LISTING
AGREEMENT. As used in this LISTING AGREEMENT, the neuter includes the masculine and feminine, the singular includes the plural
and the plural includes the singular, as the context may require. LANDLORD and LISTING BROKER understand that all extensions of
this LISTING AGREEMENT must be done in writing and automatic renewals are specifically prohibited by 19 NYCRR§175.15. Any
change to the LISTING AGREEMENT which would make the PROPERTY unavailable for rent through the OneKey MLS, including but
not limited to any withdrawal, cancellation, reduction in term of listing or termination thereof, must be in writing signed by the LISTING
BROKER or authorized representative/manager in order to have any binding legal force and effect.
EQUAL OPPORTUNITY IN HOUSING
LANDLORD and LISTING BROKER agree that the above listed property is to be listed and marketed in compliance with all Federal,
State, Municipal and Local fair housing, human rights and civil rights laws concerning discrimination in the sale/rental of properties.
LANDLORD and LISTING BROKER agree not to discriminate against any Protected Class in the sale/rent of the Property.
PLEASE INITIAL BELOW
______/______ EXPLANATION: An “exclusive right to rent” listing means that if you, the LANDLORD of the PROPERTY, find a tenant
for your house, or if another broker finds a tenant, you must pay the agreed commission to the present broker. An “exclusive agency”
listing means that if you, the LANDLORD of the PROPERTY, find a tenant, you will not have to pay a commission to the broker. However,
if another broker finds a buyer, you will owe a commission to both the renting broker and your present broker.
PARTIES SIGNATURE
L
ANDLORD: ___________________________________________________________________ Date: ___________________
LANDL
ORD: ___________________________________________________________________ Date: ___________________
L
ISTING BROKER (Auth. Rep): ___________________________________________________ Date: ___________________
L
ISTING AGENT: _______________________________________________________________ Date: ___________________
The “EFFECTIVE DATE” of this Agreement shall be latest date entered alongside the parties’ signatures
Re
v. May 2020
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EXCLUSIVE RIGHT TO RENT AGREEMENT

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Completed 30 December 2022

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