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EXCLUSIVE RIGHT TO SELL AGREEMENT

THIS IS A LEGALLY BINDING CONTRACT (“AGREEMENT”). IF NOT FULLY UNDERSTOOD, WE RECOMMEND CONSULTING

AN ATTORNEY BEFORE SIGNING.

I/WE ____________________________________________________________________________ (“OWNER”) the OWNER of property

located at _______________________________________________________________________________________ (“PROPERTY”)

do hereby give you ___________________________________________________________________________ (“LISTING BROKER”)

the exclusive right to sell 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, sales activity, or showing 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 OWNER 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 OWNER hereby agrees to pay the LISTING BROKER a total commission in the amount of _____% of the selling price or

$______________.

Owner also agrees that said commission shall be shared with Cooperating Brokers as follows:

If the Cooperating Broker is a Seller's Agent _______% of the selling price or $_____________________.

If the Cooperating Broker is a Broker's Agent ______% of the selling price or $____________________. _____________

OWNER INITIAL

If the Cooperating Broker is a Buyer's Agent ______% of the selling price or $_____________________.

This commission is offered to OneKey Participants only.

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 buyer ready, willing and able to purchase the PROPERTY on such terms and conditions acceptable to the OWNER; (b) If

through the LISTING BROKER's or cooperating broker's efforts a buyer and the OWNER reach an agreement upon all the essential

terms of a transaction; (c) If the PROPERTY is sold or transferred during the term of this LISTING AGREEMENT whether or not the sale

or transfer is a result of the LISTING BROKER's efforts and even if the PROPERTY is sold or transferred as a result of the efforts of the

OWNER 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, OWNE

accepts a purchase offer on the PROPERTY from any person to whom the PROPERTY has been shown during the LISTING PERIOD,

OWNER will pay LISTING BROKER the aforementioned commission/fee as if LISTING BROKER had made the sale provided the

PROPERTY goes to closing. The preceding sentence shall not apply if OWNER in good faith enters into a valid listing agreement for the

PROPERTY with another New York State licensed real estate broker after the expiration or termination of this AGREEMENT.

3. If

OWNER 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 OWNER’s termination.

MARKETING

4. OWNER 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 purchaser and in order to do so will engage in marketing activity which ma

include all forms of advertising.

AUTHORIZATION FOR "FOR SALE" SIGN AND OTHER SERVICES

5. LISTING BROKER ______ (is) ______ (is not) authorized to place a “For Sale” sign on the PROPERTY. (Check one)

6. LISTING BROKER ______ (is) ______ (is not) authorized to use a lockbox. (Check one)

7. OWNER ______ (gives permission) ______ (does not give permission) to the LISTING BROKER to share keys to the PROPERTY

with cooperating brokers. (Check one)

RENTAL OF PROPERTY

. S

hould the OWNER desire to rent the property during the period of this agreement, LISTING BROKER is hereby granted the sole and

exclusive right to rent the P

ROPERTY. OWNER agrees to pay LISTING BROKER a rental commission of ______. The commission for

the lease term is due and payable (check one)

______ upon the execution of the lease ______ upon the date of occupancy. The commission

for any renewal thereof, is due and payable upon the commencement of each renewal term. In the event the Property is sold during the

term of the lease, the OWNER shall owe the LISTING BROKER the commission as set forth in paragraph 1 above.

ADDITIONAL POINTS

dditional Points of Agreement, if any:

___________________________________________________________________________________________________________

ALL MODIFICATIONS TO BE MADE IN WRITING

10.

WNER 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.

MAINTENANCE OF PROPERTY

11.

WNER is responsible for the condition, maintenance and/or utilities for the PROPERTY including snow removal and lawn

maintenance. OWNER 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 th

ross negligence of the LISTING BROKER or cooperating broker. OWNER 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.

HOME EQUITY

THEFT PROTECTION ACT

12.

WNER acknowledges that OWNER is aware of the Home Equity Theft Prevention Act and particularly the provisions of Section

265 of the Real Property Law of the State of New York. In order to ensure compliance with same, OWNER warrants and represents

that:

(a) OWNER is not in default of any mortgage affecting real property by reason of there being payments due and unpaid on

any mortgage for two (2) months or more;

(b)

here are no actions pending against the real property to foreclose a mortgage; and

(c)

he PROPERTY is not shown as an active property on a tax lien sale list and all real estate taxes have been paid through

the next lien date.

13. In the event that the above circumstances change after the execution of this listing agreement, OWNER hereby covenants and

agrees that OWNER will communicate with LISTING BROKER regarding any of the matters referred to above in subparagraph (a), (b

)

r (c) and to keep LISTING BROKER fully apprised of same.

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, OWNER shall

establish an escrow account with a party mutually agreeable to LISTING BROKER and OWNER 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

OWNER 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) Commission Escrow Act. Alternatively, LISTING BROKER shall have the right to exercise LISTING BROKER’s rights under

the Commission Escrow Act and specifically, Real Property Law Section 294-b. The provisions of said law may require the deposit of the

commission claimed by LISTING BROKER, with the County Clerk in the County in which the property is located. Notice is hereby given

in accordance with Section 294-b(4)(k) as follows:

AT THE TIME OF CLOSING, YOU MAY BE REQUIRED TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK

IN THE EVENT THAT OWNER DOES NOT PAY THE BROKER HIS OR HER COMMISSION AS SET FORTH HEREIN. YOUR

OBLIGATION TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK MAY BE WAIVED BY THE BROKER.

(c) 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, OWNER 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 OWNER, then, and in such event, the OWNER hereby agrees to

defend, indemnify and hold harmless the LISTING BROKER or cooperating broker in any such claim or action. OWNER 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.

PROPERTY CONDITION DISCLOSURE

17. As the owner of residential real property, OWNER must complete and sign a Property Condition Disclosure Statement as required

by Real Property Law §462(2) and cause it, or a copy thereof, to be delivered to a buyer or buyer’s agent prior to the signing by the buyer

of a binding contract of sale. A copy of the Property Condition Disclosure Statement containing the signatures of both the buyer and the

OWNER must be attached to the real estate purchase contract. If OWNER acquires knowledge which renders materially inaccurate a

Property Condition Disclosure Statement previously provided, OWNER must deliver a revised Property Condition Disclosure Statement

to the buyer as soon as practicable. In no event, however, will OWNER be required to provide a revised Property Condition Disclosure

Statement after the transfer of title from OWNER to the buyer or after the buyer has commenced occupancy of the PROPERTY. If

OWNER fails to deliver a Property Condition Disclosure Statement to the buyer prior to the buyer signing a binding contract of sale, the

buyer will be entitled to a credit in the amount of $500.00 against the purchase price of the PROPERTY upon the transfer of title.

18. The OWNER 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 OWNER, or otherwise (“LISTING CONTENT”), into a listing

content compilation owned by OneKey MLS. The OWNER 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 OWNER to the LISTING BROKER

for use in the OneKey MLS compilation, by virtue of such delivery and the execution of this AGREEMENT, the OWNER hereby represents

and warrants that the OWNER 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.

19. OWNER 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. OWNER agrees to

indemnify LISTING BROKER from any claim of infringement relating to the same. OWNER acknowledges and agrees that as between

OWNER and LISTING BROKER, all LISTING CONTENT developed by either the OWNER or the LISTING BROKER is deemed owned

exclusively by LISTING BROKER, and OWNER has no right, title or interest in it.

ACKNOWLEDGEMENT

20. OWNER 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, “OWNER” refers to each and all parties who have an ownership interest in the PROPERTY and the undersigned OWNER

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. OWNER 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 sale 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

OWNER 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. OWNER

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 sell” listing means that if you, the OWNER of the PROPERTY, find a

buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker. An “exclusive

agency” listing means that if you, the OWNER of the PROPERTY, find a buyer, 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 selling broker and your present broker.

PARTIES SIGNATURE

OWNER ______________________________________________________________________ Date: ________________________

LISTING BROKER (Auth. Rep) ____________________________________________________ Date: ______________________

LISTING AGENT _______________________________________________________________ Date: _______________________

The “EFFECTIVE DATE” of this Agreement shall be latest date entered alongside the parties’ signatures

Rev. May 2020

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