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LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 1 of 10
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 1
(LC50-6-19) (Mandatory 1-20) 2
THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES 3
SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 4
Compensation charged by brokerage firms is not set by law. Such charges are established by each real estate brokerage firm. 5
DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER 6
AGENCY, OR TRANSACTION-BROKERAGE. 7
8
EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 9
SELLER AGENCY TRANSACTION-BROKERAGE 10
11
Date: 12
1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing Contract) and agree 13
to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to Seller. Seller agrees to pay Brokerage 14
Firm as set forth in this Seller Listing Contract. 15
2. BROKER AND BROKERAGE FIRM. 16
2.1. Multiple-Person Firm. If this box is checked, Broker (as defined below) is the individual designated by Brokerage Firm 17
to serve as the broker of Seller and to perform the services for Seller required by this Seller Listing Contract. If more than one 18
individual is so designated, then references in this Seller Listing Contract to Broker include all persons so designated, including 19
substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, 20
Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated. 21
2.2. One-Person Firm. If this box is checked, Broker (as defined below) is a brokerage firm with only one licensed person. 22
References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed person and brokerage firm who serve 23
as the Broker of Seller and perform the services for Seller required by this Seller Listing Contract. 24
3. DEFINED TERMS. 25
3.1. Seller: 26
3.2. Brokerage Firm: 27
3.3. Broker: 28
3.4. Property. The Property is the following legally described real estate in the County of , Colorado: 29
30
31
32
33
34
35
known as No.
,
Street Address
City
State
Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 36
Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 37
3.5. Affordable Housing. If this box is checked, Seller represents, to the best of Seller’s actual knowledge, the Property IS part 38
of an affordable housing program. If this box is NOT checked, Seller represents that Property is NOT part of an affordable housing 39
program. 40
3.6. Sale; Lease. 41
3.6.1. A “Sale” of the Property is the voluntary transfer or exchange of any interest in the Property or the voluntary 42
creation of the obligation to convey any interest in the Property, including a contract or lease. It also includes an agreement to transfer 43
any ownership interest in an entity which owns the Property. 44
3.6.2. If this box is checked, Seller authorizes Broker to negotiate a lease of the Property. “Lease of the Property” or 45
“Lease” means any agreement between the Seller and a tenant to create a tenancy or leasehold interest in the Property. 46
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 2 of 10
3.7. Listing Period. The Listing Period of this Seller Listing Contract begins on ______________________________ , and 47
continues through the earlier of (1) completion of the Sale or, if applicable, Lease of the Property or (2) , 48
and any written extensions (Listing Period). Broker must continue to assist in the completion of any Sale or Lease of the Property 49
for which compensation is payable to Brokerage Firm under § 7 of this Seller Listing Contract. 50
3.8. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation “N/A” 51
or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon which 52
both parties have signed this Seller Listing Contract. 53
3.9. Day; Computation of Period of Days, Deadline. 54
3.9.1. Day. As used in this Seller Listing Contract, the term “day” means the entire day ending at 11:59 p.m., United 55
States Mountain Time (Standard or Daylight Savings as applicable). 56
3.9.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not 57
specified, e.g., three days after MEC, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday 58
or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday, 59
Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 60
4. BROKERAGE RELATIONSHIP. 61
4.1. If the Seller Agency box at the top of page 1 is checked, Broker represents Seller as Seller’s limited agent (Seller’s Agent). 62
If the Transaction-Brokerage box at the top of page 1 is checked, Broker acts as a Transaction-Broker. 63
4.2. In-Company Transaction – Different Brokers. When Seller and buyer in a transaction are working with different 64
brokers within the Brokerage Firm, those brokers continue to conduct themselves consistent with the brokerage relationships they 65
have established. Seller acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage 66
Firm working with a buyer. 67
4.3. In-Company Transaction – One Broker. If Seller and buyer are both working with the same Broker, Broker must 68
function as: 69
4.3.1. Seller’s Agent. If the Seller Agency box at the top of page 1 is checked, the parties agree the following applies: 70
4.3.1.1. Seller Agency Unless Brokerage Relationship with Both. Broker represents Seller as Seller’s Agent 71
and must treat the buyer as a customer. A customer is a party to a transaction with whom Broker has no brokerage relationship. 72
Broker must disclose to such customer Broker’s relationship with Seller. However, if Broker delivers to Seller a written Change of 73
Status that Broker has a brokerage relationship with the buyer then Broker is working with both Seller and buyer as a Transaction 74
Broker. If the box in § 4.3.1.2 (Seller Agency Only) is checked, § 4.3.1.2 (Seller Agency Only) applies instead. 75
4.3.1.2. Seller Agency Only. If this box is checked, Broker represents Seller as Seller’s Agent and must treat 76
the buyer as a customer. 77
4.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the event neither 78
box is checked, Broker must work with Seller as a Transaction-Broker. A Transaction-Broker must perform the duties described in 79
§ 5 and facilitate sales transactions without being an advocate or agent for either party. If Seller and buyer are working with the same 80
Broker, Broker must continue to function as a Transaction-Broker. 81
5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must 82
perform the following “Uniform Duties” when working with Seller: 83
5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 84
5.1.1. Performing the terms of any written or oral agreement with Seller; 85
5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 86
contract for Sale; 87
5.1.3. Disclosing to Seller adverse material facts actually known by Broker; 88
5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to material matters about 89
which Broker knows but the specifics of which are beyond the expertise of Broker; 90
5.1.5. Accounting in a timely manner for all money and property received; and 91
5.1.6. Keeping Seller fully informed regarding the transaction. 92
5.2. Broker must not disclose the following information without the informed consent of Seller: 93
5.2.1. That Seller is willing to accept less than the asking price for the Property; 94
5.2.2. What the motivating factors are for Seller to sell the Property; 95
5.2.3. That Seller will agree to financing terms other than those offered; 96
5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such information 97
would constitute fraud or dishonest dealing; or 98
5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 99
5.3. Seller consents to Broker’s disclosure of Seller’s confidential information to the supervising broker or designee for the 100
purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 101
consent of Seller, or use such information to the detriment of Seller. 102
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 3 of 10
5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative 103
properties not owned by Seller to other prospective buyers and list competing properties for sale. 104
5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is subject to a contract for 105
Sale. 106
5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to 107
independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to 108
conduct an independent investigation of a buyer’s financial condition or to verify the accuracy or completeness of any statement 109
made by a buyer. 110
5.7. Seller understands that Seller is not liable for Broker’s acts or omissions that have not been approved, directed, or ratified 111
by Seller. 112
5.8. When asked, Broker Will Will Not disclose to prospective buyers and cooperating brokers the existence of offers 113
on the Property and whether the offers were obtained by Broker, a broker within Brokerage Firm or by another broker. 114
6. ADDITIONAL DUTIES OF SELLER’S AGENT. If the Seller Agency box at the top of page 1 is checked, Broker is Seller’s 115
Agent, with the following additional duties: 116
6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity; 117
6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and 118
6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker. 119
7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller agrees that 120
any Brokerage Firm compensation that is conditioned upon the Sale of the Property will be earned by Brokerage Firm as set forth 121
herein without any discount or allowance for any efforts made by Seller or by any other person in connection with the Sale of the 122
Property. 123
7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay Brokerage Firm as follows: 124
7.1.1. Sale Commission. (1) % of the gross purchase price or (2) , 125
in U.S. dollars. Brokerage Firm agrees to contribute from the Sale Commission to outside brokerage firms’ commission as follows: 126
Buyer Agents: % of the gross sales price or , in U.S. dollars. 127
Transaction-Brokers: % of the gross sales price or , in U.S. dollars. 128
129
7.1.2. Lease Commission. If the box in § 3.6.2 is checked, Brokerage Firm will be paid a fee equal to (1) % of 130
the gross rent under the lease, or (2) , in U.S. dollars, payable 131
as follows: . 132
Brokerage Firm agrees to contribute from the Lease Commission to outside brokerage firms’ commissions as follows: 133
Tenant Agents: % of the gross rent or , in U.S. dollars. 134
Transaction-Brokers: % of the gross rent or , in U.S. dollars. 135
136
7.1.3. Other Compensation. 137
138
7.2. When Earned. Such commission is earned upon the occurrence of any of the following: 139
7.2.1. Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person; 140
7.2.2. Broker finding a buyer who is ready, willing and able to complete the Sale or Lease as specified in this Seller 141
Listing Contract; or 142
7.2.3. Any Sale (or Lease if § 3.6.2 is checked) of the Property within calendar days after the Listing Period 143
expires (Holdover Period) (1) to anyone with whom Broker negotiated and (2) whose name was submitted, in writing, to Seller by 144
Broker during the Listing Period (Submitted Prospect). Provided, however, Seller Will Will Not owe the commission to 145
Brokerage Firm under this § 7.2.3 if a commission is earned by another licensed brokerage firm acting pursuant to an exclusive 146
agreement entered into during the Holdover Period and a Sale or Lease to a Submitted Prospect is consummated. If no box is checked 147
in this § 7.2.3, then Seller does not owe the commission to Brokerage Firm. 148
7.3. When Applicable and Payable. The commission obligation applies to a Sale made during the Listing Period or any 149
extension of such original or extended term. The commission described in § 7.1.1 is payable at the time of the closing of the Sale, 150
or, if there is no closing (due to the refusal or neglect of Seller) then on the contracted date of closing, as contemplated by § 7.2.1 or 151
§ 7.2.3, or upon fulfillment of § 7.2.2 where the offer made by such buyer is not accepted by Seller. 152
8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in § 7, will 153
accept compensation from any other person or entity in connection with the Property without the written consent of Seller. 154
Additionally, neither Broker nor Brokerage Firm is permitted to assess or receive mark-ups or other compensation for services 155
performed by any third party or affiliated business entity unless Seller signs a separate written consent for such services. 156
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 4 of 10
9. OTHER BROKERS’ ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Seller has been advised 157
by Broker of the advantages and disadvantages of various marketing methods, including advertising and the use of multiple listing 158
services (MLS) and various methods of making the Property accessible by other brokerage firms (e.g., using lock boxes, by-159
appointment-only showings, etc.) and whether some methods may limit the ability of another broker to show the Property. After 160
having been so advised, Seller has chosen the following: 161
9.1. MLS/Information Exchange. 162
9.1.1. The Property Will Will Not be submitted to one or more MLS and Will Will Not be submitted 163
to one or more property information exchanges. If submitted, Seller authorizes Broker to provide timely notice of any status change 164
to such MLS and information exchanges. Upon transfer of deed from Seller to buyer, Seller authorizes Broker to provide sales 165
information to such MLS and information exchanges. 166
9.1.2. Seller authorizes the use of electronic and all other marketing methods except: . 167
9.1.3. Seller further authorizes use of the data by MLS and property information exchanges, if any. 168
9.1.4. The Property Address Will Will Not be displayed on the Internet. 169
9.1.5. The Property Listing Will Will Not be displayed on the Internet. 170
9.2. Property Access. 171
9.2.1. Broker may access the Property by: 172
Electronic Lock Box Manual Lock Box 173
174
Other instructions: 175
9.2.2. Other than Broker, Seller further authorizes the following persons to access the Property using the method 176
described in § 9.2.1. 177
Actively Licensed Real Estate Brokers Licensed Appraisers 178
Unlicensed Broker Assistants Unlicensed Inspectors 179
Other: 180
9.3. Broker Marketing. 181
9.3.1. The following specific marketing tasks will be performed by Broker: 182
183
184
185
186
187
188
9.3.2. Seller authorizes videos and pictures of both the interior and exterior of the Property except: 189
190
191
192
193
194
195
9.4. Marketing Termination. Broker and Brokerage Firm may discontinue using any marketing materials if, in Brokerage 196
Firm’s sole discretion, Broker or Brokerage Firm receives a credible threat of litigation or a complaint regarding the use of such 197
marketing material. Upon expiration of the Listing Period and request from Seller, Broker will use reasonable efforts to remove 198
information submitted to the MLS and/or information exchanges. Seller understands that information submitted to either the MLS 199
or information exchanges may be difficult, if not impossible, to remove from syndicators and the Internet and releases Broker from 200
any liability for Broker’s inability to remove the information. 201
10. SELLER’S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT. 202
10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the Property only through 203
Broker, and to refer to Broker all communications received in any form from real estate brokers, prospective buyers, tenants or any 204
other source during the Listing Period of this Seller Listing Contract. 205
10.2. Advertising. Seller agrees that any advertising of the Property by Seller (e.g., Internet, print and signage) must first be 206
approved by Broker. 207
10.3. No Existing Listing Agreement. Seller represents that Seller Is Is Not currently a party to any listing agreement 208
with any other broker to sell the Property. Seller further represents that Seller Has Has Not received a list of “Submitted 209
Prospects” pursuant to a previous listing agreement to sell the Property with any other broker. 210
10.4. Ownership of Materials and Consent. Seller represents that all materials (including all photographs, renderings, 211
images, videos or other creative items) supplied to Broker by or on behalf of Seller are owned by Seller, except as Seller has disclosed 212
in writing to Broker. Seller is authorized to and grants to Broker, Brokerage Firm and any MLS (that Broker submits the Property 213
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 5 of 10
to) a nonexclusive irrevocable, royalty-free license to use such material for marketing of the Property, reporting as required and the 214
publishing, display and reproduction of such material, compilation and data. This license survives the termination of this Seller 215
Listing Contract. Unless agreed to otherwise, all materials provided by Broker (photographs, renderings, images, videos, or other 216
creative items) may not be used by Seller for any reason. 217
10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act (Act) generally applies if (1) the 218
Property is residential (2) Seller resides in the Property as Seller’s principal residence (3) buyer’s purpose in purchase of the Property 219
is not to use the Property as buyer’s personal residence and (4) the Property is in foreclosure or buyer has notice that any loan secured 220
by the Property is at least thirty (30) days delinquent or in default. If all requirements 1, 2, 3 and 4 are met and the Act otherwise 221
applies, then a contract, between buyer and Seller for the sale of the Property, that complies with the provisions of the Act is required. 222
If the transaction is a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and buyer, the Act 223
does not apply. It is recommended that Seller consult with an attorney. 224
11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller: 225
11.1. Price. U.S. $ 226
11.2. Terms. Cash Conventional FHA VA Other: 227
11.3. Loan Discount Points. 228
11.4. Buyer’s Closing Costs (FHA/VA). Seller must pay closing costs and fees, not to exceed $ , that Buyer 229
is not allowed by law to pay, for tax service and . 230
11.5. Earnest Money. Minimum amount of earnest money deposit U.S. $ in the form of 231
11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: Cashier’s Check at Seller’s expense; 232
Funds Electronically Transferred (Wire Transfer) to an account specified by Seller, at Seller’s expense; or Closing 233
Company’s Trust Account Check. Wire and other frauds occur in real estate transactions. Any time Seller is supplying 234
confidential information such as social security numbers or bank account numbers, Seller should provide the information in person 235
or in another secure manner. 236
11.7. FIRPTA. Pursuant to the Foreign Investment in Real Property Tax Act (FIRPTA), the Internal Revenue Service (IRS) 237
may require a substantial portion of Seller’s proceeds be withheld after Closing when Seller is a foreign person. If the box in this 238
Section is checked, Seller represents that Seller IS a foreign person for purposes of U.S. income taxation and authorizes Broker 239
to disclose such status. If the box in this Section is not checked, Seller represents that Seller is not a foreign person for purposes of 240
U.S. income taxation. 241
11.8. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s proceeds be withheld 242
after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. 243
12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to a proposed contract 244
for the Sale of the Property. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, if any, at or 245
before the closing of the contract for the Sale of the Property. 246
13. INCLUSIONS AND EXCLUSIONS. 247
13.1. Inclusions. The Purchase Price includes the following items (Inclusions): 248
13.1.1 Inclusions – Attached. If attached to the Property on the date of this Seller Listing Contract, the following 249
items are included unless excluded under §13.2 (Exclusions): lighting, heating, plumbing, ventilating and air conditioning units, TV 250
antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, 251
intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and 252
garage door openers (including _______ remote controls). If checked, the following are owned by the Seller and included (leased 253
items should be listed under §13.1.5 (Leased Items): None Solar Panels Water Softeners Security Systems 254
Satellite Systems (including satellite dishes). If any additional items are attached to the Property after the date of this Seller Listing 255
Contract, such additional items are also included. 256
13.1.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Seller Listing 257
Contract, the following items are included unless excluded under §13.2 (Exclusions): storm windows, storm doors, window and 258
porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace 259
screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 260
13.1.3. Personal Property – Conveyance. Any personal property must be conveyed by Seller free and clear of all 261
taxes (except personal property taxes for the year of Closing), liens and encumbrances, except 262
_______________________________________. Conveyance of all personal property will be by bill of sale or other applicable 263
legal instrument. 264
13.1.4. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase 265
Price: 266
267
268
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 6 of 10
269
270
271
272
13.1.5 Leased Items. 273
13.1.5.1 The following leased items are part of the transaction: 274
275
276
277
278
279
13.1.5.2 Lease Documents. Seller agrees to supply to buyer, as will be set forth in the final contract 280
between Seller and buyer, the documents between Seller and Seller’s lessor regarding the lease, leased item, cost and other terms 281
including requirements imposed upon a buyer if buyer is assuming the leases. 282
13.2. Exclusions. The following are excluded (Exclusions): 283
284
285
286
287
288
289
290
291
13.3. Trade Fixtures. The following trade fixtures are included: . 292
The Trade Fixtures to be conveyed at closing must be conveyed by Seller, free and clear of all taxes (except personal property 293
taxes for the year of closing), liens and encumbrances, except . 294
Conveyance will be by bill of sale or other applicable legal instrument. 295
13.4. Parking and Storage Facilities. The use or ownership of the following parking facilities: ________________________. 296
; and the use or ownership of the following storage facilities: . 297
13.5. Water Rights/Well Rights. 298
13.5.1. Deeded Water Rights. The following legally described water rights: 299
300
301
302
303
304
305
306
307
Seller agrees to convey any deeded water rights by a good and sufficient deed at Closing. 308
13.5.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 13.5.1, 13.5.3. and 309
13.5.4: 310
311
312
313
314
315
316
317
13.5.3. Well Rights. The Well Permit # is ____________________________. 318
13.5.4. Water Stock Certificates. The water stock certificates are as follows: 319
320
321
322
323
324
13.6. Growing Crops. The following growing crops: 325
326
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 7 of 10
327
328
329
330
14. TITLE AND ENCUMBRANCES. 331
14.1. Seller Representation. Seller represents that title to the Property is solely in Seller’s name. 332
14.2. Delivery of Documents. Seller must deliver to Broker true copies of all relevant title materials, leases, improvement 333
location certificates and surveys in Seller’s possession and must disclose all easements, liens and other encumbrances, if any, on 334
the Property, of which Seller has knowledge. 335
14.3. Conveyance. In case of Sale, Seller agrees to convey the Property, by a good and sufficient: special warranty deed 336
general warranty deed bargain and sale deed quit claim deed personal representative’s deed 337
______________________________deed. If title will be conveyed using a special warranty deed or a general warranty deed, 338
unless otherwise specified in §28 (Additional Provisions) below, title will be conveyed “subject to statutory exceptions” as defined 339
in §38-30-113 C.R.S. Seller’s conveyance of the Property to a buyer will convey only that title Seller has in the Property. 340
14.4. Monetary Encumbrances. Property must be conveyed free and clear of all taxes, except the general taxes for the year 341
of closing. All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) must be paid by Seller and 342
released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as follows: 343
__________________________. If the Property has been or will be subject to any governmental liens for special improvements 344
installed at the time of signing a contract for the Sale of the Property, Seller is responsible for payment of same, unless otherwise 345
agreed. 346
14.5. Tenancies. The Property will be conveyed subject to the following leases and tenancies for possession of the Property: 347
348
349
350
351
15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller’s expense, unless the parties agree in writing to a different 352
arrangement, a current commitment and an owner’s title insurance policy in an amount equal to the Purchase Price as specified in 353
the contract for the Sale of the Property, or if this box is checked, An Abstract of Title certified to a current date. 354
16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners’ association assessment is currently 355
payable at approximately $ per and that there are no unpaid regular or special assessments against 356
the Property except the current regular assessments and except . Seller agrees to promptly 357
request the owners’ association to deliver to buyer before date of closing a current statement of assessments against the Property. 358
17. POSSESSION. Possession of the Property will be delivered to buyer as follows: , 359
subject to leases and tenancies as described in § 14. 360
18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION. 361
18.1. Broker’s Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse material facts 362
actually known by such broker including but not limited to adverse material facts pertaining to the title to the Property and the physical 363
condition of the Property, any material defects in the Property, and any environmental hazards affecting the Property which are required 364
by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions, violations of health, 365
zoning or building laws, and nonconforming uses and zoning variances. Seller agrees that any buyer may have the Property and 366
Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property. 367
18.2. Seller’s Obligations. 368
18.2.1. Seller’s Property Disclosure Form. Seller Agrees Does Not Agree to provide a Seller’s Property 369
Disclosure form completed to Seller’s current, actual knowledge. Colorado law requires Seller to disclose certain facts regardless 370
of whether Seller is providing a Seller’s Property Disclosure form. Typically, the contract requires disclosure of adverse material 371
facts actually known by Seller. 372
18.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more residential 373
dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based Paint Disclosure (Sales) form 374
must be signed by Seller and the real estate licensees, and given to any potential buyer in a timely manner. 375
18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a 376
fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (Bedroom), Seller understands that 377
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 8 of 10
Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the 378
entrance to each Bedroom or in a location as required by the applicable building code, prior to offering the Property for sale or lease. 379
18.2.4. Condition of Property. The Property will be conveyed in the condition existing as of the date of the contract 380
for Sale or Lease of the Property, ordinary wear and tear excepted, unless Seller, at Seller’s sole option, agrees in writing to any 381
repairs or other work to be performed by Seller. 382
383
19. RIGHT OF PARTIES TO CANCEL. 384
19.1. Right of Seller to Cancel. In the event Broker defaults under this Seller Listing Contract, Seller has the right to cancel 385
this Seller Listing Contract, including all rights of Brokerage Firm to any compensation if the Seller Agency box is checked. 386
Examples of a Broker default include, but are not limited to (1) abandonment of Seller, (2) failure to fulfill all material obligations 387
of Broker and (3) failure to fulfill all material Uniform Duties (§ 5) or, if the Seller Agency box at the top of page 1 is checked, the 388
failure to fulfill all material Additional Duties Of Seller’s Agent (§ 6). Any rights of Seller that accrued prior to cancellation will 389
survive such cancellation. 390
19.2. Right of Broker to Cancel. Brokerage Firm may cancel this Seller Listing Contract upon written notice to Seller that 391
title is not satisfactory to Brokerage Firm. Although Broker has no obligation to investigate or inspect the Property, and no duty to 392
verify statements made, Brokerage Firm has the right to cancel this Seller Listing Contract if any of the following are unsatisfactory 393
(1) the physical condition of the Property or Inclusions, (2) any proposed or existing transportation project, road, street or highway, 394
(3) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants, 395
or (4) any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. Additionally, 396
Brokerage Firm has the right to cancel this Seller Listing Contract if Seller or occupant of the Property fails to reasonably cooperate 397
with Broker or Seller defaults under this Seller Listing Contract. Any rights of Brokerage Firm that accrued prior to cancellation 398
will survive such cancellation. 399
20. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received will be: 400
(1) 100% will be paid to Seller; (2) divided between Brokerage Firm and Seller, one-half to Brokerage Firm but not to exceed 401
the Brokerage Firm compensation agreed upon herein, and the balance to Seller; (3) Other: . 402
If no box is checked in this Section, choice (1), 100% paid to Seller, applies. Any forfeiture of payment under this section will not 403
reduce any Brokerage Firm compensation owed, earned and payable under § 7. 404
21. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm must bear all 405
expenses incurred by Brokerage Firm, if any, to market the Property and to compensate cooperating brokerage firms, if any. Neither 406
Broker nor Brokerage Firm will obtain or order any other products or services unless Seller agrees in writing to pay for them promptly 407
when due (examples: surveys, radon tests, soil tests, title reports, engineering studies, property inspections). Unless otherwise agreed, 408
neither Broker nor Brokerage Firm is obligated to advance funds for Seller. Seller must reimburse Brokerage Firm for payments 409
made by Brokerage Firm for such products or services authorized by Seller. 410
22. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of service vary between 411
different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 412
23. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm is responsible for maintenance of the Property 413
nor are they liable for damage of any kind occurring to the Property, unless such damage is caused by their negligence or intentional 414
misconduct. 415
24. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyers because of their 416
inclusion in a “protected class” as defined by federal, state or local law. “Protected classes” include, but are not limited to, race, 417
creed, color, sex, sexual orientation, gender identity, marital status, familial status, physical or mental disability, handicap, religion, 418
national origin, or ancestry of such person. Seller authorizes Broker to withhold any supplemental information about the prospective 419
buyer if such information would disclose a buyer’s protected class(es). However, any financial, employment or credit worthiness 420
information about the buyer received by Broker will be submitted to Seller. 421
25. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges that Broker 422
has advised that this document has important legal consequences and has recommended consultation with legal and tax or other 423
counsel before signing this Seller Listing Contract. 424
26. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not resolved, the parties 425
must first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial 426
person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to 427
the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will 428
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 9 of 10
share equally in the cost of such mediation. The mediation, unless otherwise agreed, will terminate in the event the entire dispute is 429
not resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the other at the other 430
party’s last known address. 431
27. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the arbitrator or court 432
must award to the prevailing party all reasonable costs and expenses, including attorney and legal fees. 433
28. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 434
Commission.) 435
436
437
438
439
440
441
442
443
444
445
446
29. ATTACHMENTS. The following are a part of this Seller Listing Contract: 447
448
449
450
451
452
453
454
455
30. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract is deemed to inure to the 456
benefit of any person other than Seller, Broker and Brokerage Firm. 457
31. NOTICE, DELIVERY AND CHOICE OF LAW. 458
31.1. Physical Delivery and Notice. Any document or notice to Brokerage Firm or Seller must be in writing, except as 459
provided in § 31.2 and is effective when physically received by such party, or any individual named in this Seller Listing Contract 460
to receive documents or notices for such party. 461
31.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Brokerage 462
Firm or Seller, or any individual named in this Seller Listing Contract to receive documents or notices for such party at the electronic 463
address of the recipient by facsimile, email or ______________________________________. 464
31.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address 465
of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the 466
documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient. 467
31.4. Choice of Law. This Seller Listing Contract and all disputes arising hereunder are governed by and construed in 468
accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado 469
for real property located in Colorado. 470
32. MODIFICATION OF THIS SELLER LISTING CONTRACT. No subsequent modification of any of the terms of this 471
Seller Listing Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 472
33. COUNTERPARTS. This Seller Listing Contract may be executed by each of the parties, separately, and when so executed by 473
all the parties, such copies taken together are deemed to be a full and complete contract between the parties. 474
34. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior agreements, 475
whether oral or written, have been merged and integrated into this Seller Listing Contract. 476
LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 10 of 10
35. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by Broker, including all 477
attachments. 478
Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. 479
Seller: Brokerage Firm: 480
481
482
_______________________________________________ ________________________________________________ 483
Seller’s Signature Date Broker’s Signature Date 484
_______________________________________________ ________________________________________________ 485
Street Address Brokerage Firm Street Address 486
_______________________________________________ ________________________________________________ 487
City, State, Zip Brokerage Firm City, State, Zip 488
_______________________________________________ ________________________________________________ 489
Phone No. Broker Phone No. 490
_______________________________________________ ________________________________________________ 491
Fax No. Broker Fax No. 492
_______________________________________________ ________________________________________________ 493
Email Address Broker Email Address 494
495
496
_______________________________________________ 497
Seller’s Signature Date 498
_______________________________________________ 499
Street Address 500
_______________________________________________ 501
City, State, Zip 502
_______________________________________________ 503
Phone No. 504
_______________________________________________ 505
Fax No. 506
_______________________________________________ 507
Email Address 508
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Completed 21 July 2020

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