Fillable Form 3: XLS

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Form 3: XLS

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XLS
Broker/Licensee Initials: ________ XLS Page 1 of 6 Seller Initials:________


This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of Realtors
®
(PAR).
Broker (Company) ____________________________________ Licensee(s) (Name) _______________________________________
____________________________________________________ ______________________________________________________
Company Address _____________________________________ Direct Phone(s) __________________________________________
_____________________________________ Cell Phone(s) ____________________________________________
Company Phone ______________________________________ Fax ____________________________________________________
Company Fax _______________________________________ Email __________________________________________________
 _____________________________________________________________________________________________________
_____________________________________________________________________________________________________________
 ______________________________________________________________________________
_____________________________________________________________________________________________________________
 ______________________________________________  __________________________________________________
 _____________________________________________________________________________________________________

 Yes 
 __________________________________________________
  ___________________________________________________
Address _______________________________________________ ZIP _______________________________________________
Municipality (city, borough, township) __________________________________________________________________________
County ________________________________________________ School District ______________________________________
Zoning ____________________________________________________________________________________________________
Present Use ________________________________________________________________________________________________
Identification (For example, Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) _____________________________
__________________________________________________________________________________________________________

(A) No Association of REALTORS
®
has set or recommended the term of this contract. Broker/Licensee and Seller have discussed and
agreed upon the term of this Contract.
(B)  This Contract starts when signed by Broker and Seller, unless otherwise stated here: ____________________
(C)  This Contract ends at 11:59 PM on _____________________ . By law, the term of a listing contract may not exceed
one year. If the Ending Date written in this Contract creates a term that is longer than one year, the Ending Date is automatically
364 days from the Starting Date of this Contract.
3. 
Seller agrees that Broker and Broker’s Licensees may also represent the buyer(s) of the Property. A Broker is a Dual Agent when a
Broker represents both a buyer and Seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents a buyer and
Seller in the same transaction. All of Broker’s licensees are also Dual Agents UNLESS there are separate Designated Agents for a buyer
and Seller. If the same Licensee is designated for a buyer and Seller, the Licensee is a Dual Agent. Seller understands that Broker is a
Dual Agent when a buyer who is represented by Broker is viewing properties listed by Broker.

Designated Agency is applicable, unless checked below. Broker designates the Licensee(s) above to exclusively represent the interests
of Seller. If Licensee is also the buyer’s agent, then Licensee is a DUAL AGENT.


(A) No Association of REALTORS
®
has set or recommended the Broker’s Fee. Broker and Seller have negotiated the fee that Seller
will pay Broker.
(B) Broker’s Fee is ______ % of the sale price OR $__________________ , whichever is greater, AND $__________________, paid
to Broker by Seller as follows:
1. $ ________________________ of Broker’s Fee is earned and due  at signing of this Listing Contract, pay-
able to Broker.

®
2020
rev. 11/19; rel. 1/20
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2. the balance of 
a. 
OR
b. A ready, willing, and able buyer is found, during the term of this contract, by Broker or by anyone, including Seller. A willing
buyer is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller,
OR
c. Negotiations that are pending at the Ending Date of this Contract result in a sale, OR
d. A Seller signs an agreement of sale then refuses to sell the Property, or if a Seller is unable to Sell the Property because of
failing to do all the things required of the Seller in the agreement of sale (Seller default), OR
e. The Property or any part of it is taken by any government for public use (Eminent Domain), in which case Seller will pay
from any money paid by the government, OR
f. A sale occurs after the Ending Date of this Contract IF:
(1) The sale occurs within ________ days of the Ending Date, AND
(2) The buyer was shown or negotiated to buy the Property during the term of this contract, AND
(3) The Property is not listed under an “exclusive right to sell contract” with another broker at the time of the sale.
(C) If a sale occurs, balance of Broker’s Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest. If
the Property is transferred by an installment contract, balance of Broker’s Fee will be paid upon the execution of the installment
contract.

If an agreement of sale is signed and settlement does not occur, and deposit monies are released to Seller, Seller will pay Broker
_________________________ of/from deposit monies.

Licensee(s) has explained Broker’s company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay
 a fee to another broker who procures the buyer, is a member of a Multiple Listing Service (MLS), and who:
(A) . Broker will pay __________________________________ of/from the sale price.
(B) . Broker will pay ______________________________ of/from the sale price. 

(C) .
Broker will pay ___________________________________ of/from the sale price.

(A) Broker is acting as a Seller Agent, as described in the Consumer Notice, to market the Property and to negotiate with potential
buyers. Broker will use reasonable efforts to find a buyer for the Property.
(B) Seller will cooperate with Broker and assist in the sale of the Property as asked by Broker.
(C) All showings, negotiations and discussions about the sale of the Property, written or oral, will be communicated by Broker on Sell-
er’s behalf. All written or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be
referred to Broker.
(D) If the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leases are oral,
Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant’s respon sibilities.
(E) Seller will not enter into, renew, or modify any leases, or enter into any option to sell, during the term of this Contract without Bro-
ker’s written consent.

Broker may provide services to a buyer for which Broker may accept a fee. Such services may include, but are not limited to: document
preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance,
construction, repair, or inspection services.

Seller agrees that Broker and Broker’s Licensee(s) are not responsible for any damage to the Property or any loss or theft of personal
goods from the Property unless such damage, loss or theft is solely and directly caused by Broker or Broker’s Licensee(s).

(A) Broker, if named in an agreement of sale, will keep all deposit monies paid by or for the buyer in an escrow account until the sale
is completed, the agreement of sale is terminated, or the terms of a prior written agreement between the buyer and Seller have been
met. This escrow account will be held as required by real estate licensing laws and regulations. Buyer and Seller may name a non-
licensee as the escrow holder, in which case the escrow holder will be bound by the terms of the escrow agreement, if any, not by
the Real Estate Licensing and Registration Act. Seller agrees that the person keeping the deposit monies may wait to deposit any
uncashed check that is received as deposit money until Seller has accepted an offer.
(B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to
determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies:
1. If an agreement of sale is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written
agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
Broker/Licensee Initials: ________ XLS Page 2 of 6 Seller Initials:________
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2. If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing
Broker how to distribute some or all of the deposit monies.
3. According to the terms of a final order of court.
4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the
deposit monies if there is a dispute between the parties that is not resolved.
(C) Seller agrees that if Seller names Broker or Broker’s licensee(s) in litigation regarding deposit monies, the attorneys’ fees and costs
of the Broker(s) and licensee(s) will be paid by Seller.

Seller agrees that Broker may list other properties for sale and that Broker may show and sell other properties to prospective buyers.

Unless prohibited by Seller, if Broker is asked by a buyer or another licensee(s) about the existence of other offers on the Property,
Broker will reveal the existence of other offers and whether they were obtained by the Licensee(s) identified in this Contract, by another
Licensee(s) working with Broker, or by a licensee(s) working for a different Broker. ONCE SELLER ENTERS INTO AN AGREE-
MENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS.

(A) Seller (including Sellers exempt from the Real Estate Seller Disclosure Law) will disclose all known material defects and/or envi-
ronmental hazards on a separate disclosure statement. A material defect is a problem or condition that:
1. is a possible danger to those living on the Property, or
2. has a significant, adverse effect on the value of the Property.
The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural
element, system or subsystem is not by itself a material defect.
(B) Seller will update the Seller’s Property Disclosure Statement as necessary throughout the term of this Listing Contract.
(C) If Seller fails to disclose known material defects and/or environmental hazards:
1. Seller will not hold Broker or Licensee(s) responsible in any way;
2. Seller will protect Broker and Licensee(s) from any claims, lawsuits, and actions that result;
3. Seller will pay all of Broker’s and Licensee’s costs that result. This includes attorneys’ fees and court-ordered payments or
settlements (money Broker or Licensee pays to end a lawsuit or claim).

The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer an EPA
pamphlet titled Protect Your Family From Lead in Your Home. The seller also must tell the buyer and the broker what the seller knows
about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer how the seller
knows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead-based paint hazards
are, the condition of the painted surfaces, and any other information seller knows about lead-based paint and lead-based paint hazards
on the property. Any seller of a pre-1978 structure must also give the buyer any records and reports that the seller has or can get about
lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, or other dwellings in multi-family
housing. According to the Act, a seller must give a buyer 10 days (unless seller and the buyer agree to a different period of time) from
the time an agreement of sale is signed to have a “risk assessment” or inspection for possible lead-based paint hazards done on the
property. Buyers may choose not to have the risk assessment or inspection for lead paint hazards done. If the buyer chooses not to have
the assessment or inspection, the buyer must inform the seller in writing of the choice. The Act does not require the seller to inspect for
lead paint hazards or to correct lead paint hazards on the property. The Act does not apply to housing built in 1978 or later.

At or before settlement, Seller may purchase a home warranty for the Property from a third-party vendor. Seller understands that a home
warranty for the Property does not alter any disclosure requirements of Seller, may not cover or warrant any pre-existing defects of the
Property, and will not alter, waive or extend any provisions of the Agreement regarding inspections or certifications that Buyer may elect
or waive as part of the Agreement. Seller understands that Broker who recommends a home warranty may have a business relationship
with the home warranty company that provides a financial benefit to Broker.

(A) Seller understands that potential buyers viewing the Property may engage in photography, videography or videotelephony on the
Property. Seller should remove any items of a personal nature Seller does not wish to have photographed or recorded, such as fam-
ily photos, important or confidential paperwork (including any information relating to the listing or communications with Broker
or Licensee) and all other personally identifiable information such as birthdates, social security numbers, telephone numbers, etc.
Seller is responsible for providing this same notification to any occupants of the Property.
(B) Any person who intentionally intercepts oral communications by electronic or other means without the consent of all parties is
guilty of a felony under Pennsylvania law. Seller understands that recording or transmitting audio may result in violation of state
or federal wiretapping laws. 


Broker/Licensee Initials: ________ XLS Page 3 of 6 Seller Initials:________
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
Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment)
against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays
persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call
(717) 783-3658.

Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX,
DISABI LITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL ORIGIN,
USE OR HANDL ING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION
TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or
set deposit amounts, or as reasons for any decision relating to the sale of property.

(A) Seller agrees that Broker may transfer this Contract to another broker when:
1.Broker stops doing business, OR
2.Broker forms a new real estate business, OR
3.Broker joins his business with another.
(B) Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker. Seller will follow all requirements
of this Contract with the new broker.

Seller will not enter into another listing contract for the property(s) identified in Paragraph 1 with another broker that begins before the
Ending Date of this Contract.

It is a conflict of interest when Broker or Licensee has a financial or personal interest in the property and/or cannot put Seller’s interests
before any other. If Broker, or any of Broker’s licensees, has a conflict of interest, Broker will notify Seller in a timely manner.

This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before are not a part
of this Contract.

All changes to this Contract must be in writing and signed by Broker and Seller.

(A) Where permitted, Broker, at Broker’s option, may use: for sale sign, lock box, key in office, open houses and advertising in all
media, including print and electronic, photographs and videos, unless otherwise stated here: __________________________
_____________________________________________________________________________________________________
1. Seller does not want the listed Property to be displayed on the Internet.
Seller does not want the address of the listed Property to be displayed on the Internet.
2. Seller understands and acknowledges that, if the listed Property is not displayed on the Internet, consumers who conduct searches
for listings on the Internet will not see information about the listed Property in response to their search.
(B) Seller understands and acknowledges that, if an open house is scheduled, the property address may be published on the Internet in
connection to the open house.
(C) There are many ways of marketing properties electronically. Some brokers may use a virtual office website (also known as “VOW”)
or Internet data exchange (also known as “IDX”), which are governed by specific rules and policies. Sellers have the right to control
some elements of how their property is displayed on a VOW and/or IDX websites.
Seller elects to have the following features disabled or discontinued for VOW and IDX websites (check all that apply):
Comments or reviews about Seller’s listings, or a hyperlink to such comments or reviews, in immediate conjunction with Sell-
er’s listing.
Automated estimates of the market value of Seller’s listing, or a hyperlink to such estimates, in immediate conjunction with the
Seller’s listing.
(D) Multiple Listing Services (MLS)
Broker will not use a Multiple Listing Service (MLS) to advertise the Property.
Broker will use a Multiple Listing Service (MLS) to advertise the Property to other real estate brokers and salespersons. List-
ing broker shall communicate to the MLS all of Seller’s elections made above.
(E)
Seller agrees that Broker and Licensee, and the MLS are not responsible for mistakes in the MLS or advertising of the Property.
(F) Other _________________________________________________________________________________________________
______________________________________________________________________________________________________

Seller is aware that the Multiple Listing Service (MLS), newspapers, Web Sites, and other media may publish the final sale price of the
Property.
Broker/Licensee Initials: ________ XLS Page 4 of 6 Seller Initials:________
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27. COPYRIGHT
In consideration of Broker’s efforts to market Seller’s Property as stated in this Contract, Seller grants Broker a non-exclusive, world-
wide license (the “License”) to use any potentially copyrightable materials (the “Materials”) which are related to the Property and pro-
vided by Seller to Broker or Broker’s representative(s). The Materials may include, but are not limited to: photographs, images, video
recordings, virtual tours, drawings, written descriptions, remarks, and pricing information related to Seller’s Property. This License
permits Broker to submit the Materials to one or more multiple listing services, to include the Materials in compilations of property list-
ings, and to otherwise distribute, publicly display, reproduce, publish and produce derivative works from the Materials for any purpose
that does not conflict with the express terms of this Contract. The License may not be revoked by Seller and shall survive the ending of
this Contract. Seller also grants Broker the right to sublicense to others any of these rights granted to Broker by Seller. Seller represents
and warrants to Broker that the License granted to Broker for the Materials does not violate or infringe upon the rights, including any
copyrights, of any person or entity. Seller understands that the terms of the License do not grant Seller any legal right to any works that
Broker may produce using the Materials.
28. FIXTURES AND PERSONAL PROPERTY
(A) It is possible for certain items of personal property to be so integrated into the Property that they become fixtures and will be regarded
as part of the Property and therefore included in a sale. Seller is encouraged to be specific when negotiating what items will be
included or excluded in a sale.
(B) INCLUDED in this sale are all existing items permanently installed in the Property, free of liens, and other items including plumb-
ing; heating; radiator covers; hardwired security systems; thermostats; lighting fixtures (including chandeliers and ceiling fans);
pool and spa equipment (including covers and cleaning equipment); electric animal fencing systems (excluding collars); garage door
openers and transmitters; unpotted shrubbery, plantings and trees; any remaining heating and cooking fuels stored on the Property
at the time of settlement; smoke detectors and carbon monoxide detectors; sump pumps; storage sheds; fences; mailboxes; wall to
wall carpeting; existing window screens, storm windows and screen/storm doors; window covering hardware, shades and blinds;
awnings; built-in air conditioners; built-in appliances; the range/oven, unless otherwise stated; and, if owned, solar panels, windmills,
water treatment systems, propane tanks and satellite dishes. Also included: ___________________________________________
_______________________________________________________________________________________________________
(C) The following items are not owned by Seller and may be subject to a lease or other financing agreement (e.g., solar panels, windmills,
water treatment systems, propane tanks, and satellite dishes): ______________________________________________________
_______________________________________________________________________________________________________
(D) EXCLUDED fixtures and items: _____________________________________________________________________________
_______________________________________________________________________________________________________
29. TAXES & SPECIAL ASSESSMENTS
(A) At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: ________________
______________________________________________________________________________________________________
(B) Yearly Property Taxes $ ___________________________ Property Assessed Value $ _______________________________
(C) Is the property preferentially assessed (including a tax abatement)? Yes No
If applicable, how many years remain?
(D) COA/HOA Name _________________________________ COA/HOA Phone ______________________________________
COA/HOA special assessments $ ____________________ Buyer’s required capital contribution $ ____________________
Please explain: __________________________________________________________________________________________
______________________________________________________________________________________________________
(E) Municipality Assessments $ _______________________________________________________________________________
(F) COA/HOA Fees $ _________________ Quarterly Monthly Yearly
30. TITLE & POSSESSION
(A) Seller will give possession of Property to a buyer at settlement, or on _____________________________________________
(B) At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows:
Oil Gas Mineral Other
If checked, please explain:
_____________________________________________________________________________________________________
(C) Seller has:
First mortgage with ___________________________________Amount of balance $ _____________________________
Address __________________________________________________________________________________________
Phone ______________________________________________Acct. # ________________________________________
Second mortgage with _________________________________Amount of balance $ _____________________________
Address __________________________________________________________________________________________
Phone ______________________________________________Acct. # ________________________________________
Home Equity line of credit with __________________________Amount of balance $ _____________________________
Address __________________________________________________________________________________________
Phone ______________________________________________Acct. # ________________________________________
Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from lender(s).
Broker/Licensee Initials: ________ XLS Page 5 of 6 Seller Initials:________
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(D) Seller has:
Judgments $ _____________________________ Past Due Municipal Assessment $__________________________
Past Due Property Taxes $ __________________ Past Due COA/HOA Fees $ ______________________________
Federal Tax Liens $ _______________________ Past Due COA/HOA Assessments $ _______________________
State Tax Liens $ _________________________
Other: __________________________________ $ ______________________________________________________
(E) If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order on record in any Pennsylvania
county, list the county and the Domestic Relations Number or Docket Number: ______________________________________

Seller will accept the following arrangements for buyer to pay for the Property:
Cash Conventional mortgage FHA mortgage VA mortgage
Seller’s Assist to buyer (if any) $ ________________________________ , or _________________________________________ %

The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any special
conditions or additional terms in this Contract must comply with the Pennsylvania Plain Language Consumer Contract Act.
 
 
Property Description Addendum to Listing Contract (PAR Form XLS-A)
Single Agency Addendum (PAR Form SA)
Consumer Services Fee Addendum (PAR Form CSF)
Vacant Land Addendum to Listing Contract (PAR Form VLA)
Short Sale Addendum (PAR Form SSL)
___________________________________________________________________________________________________
___________________________________________________________________________________________________

____________ 
____________ S

____________ S







 -

 ____________________________________________________________  _________________________________
 ____________________________________________________________  _________________________________
 ____________________________________________________________  _________________________________
 ____________________________________________________________________________________
 ______________________________________ ___________________
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