TRANSACTION LISTING AGREEMENT
(This is a legally binding contract. If you do not understand it, seek legal advice.)
THIS IS A NON-AGENCY AGREEMENT
Seller:_______________________________________________________City:____________________________________State:________
Listing Date:____________________________________________ Expiration Date:_________________________________________
If a purchase agreement is entered into by buyers during the term of this agreement, the termination thereof shall extend to and include the
date of closing under said purchase agreement as to the purchasers only.
1. In consideration of Broker’s efforts to obtain a purchaser, Seller(s) hereby grant Broker the exclusive right to sell the following
property:__________________________________________________________________________________________________
__________________________________________________________________________________________________________
Also known as:____________________________________________________________________________________________
For the sum of:____________________________________________________________________($______________________)
On the following terms:______________________________________________________________________________________
__________________________________________________________________________________________________________
or with Seller’s consent, for a lesser sum or on other terms, which price includes all encumbrances, taxes, and assessments.
2. A. Seller agrees that Broker is not an agent of the Seller and the Broker is not acting in a fiduciary capacity.
B. Seller agrees that Broker is not an advocate for the interests of any parties to this agreement.
C. Seller and Broker agree that Broker will assist Seller as a transaction broker as outlined in the Real Estate Relationships
Disclosure Form and the Real Estate Consumer Guide.
D. Seller authorizes Broker, by initials in the appropriate space, to:
a) cooperate with brokers who represent buyers. Yes_____/_____ No_____/_____NA_____/_____
b) compensate cooperating brokers. Yes_____/_____ No_____/_____NA_____/_____
3. The term “sale” shall be deemed to include any exchange or trade to which Seller consents. In the event of an exchange or trade,
Broker is permitted to receive compensation from both parties.
4. If during the period of this agreement the property is sold by Seller, Broker, a cooperating broker, or anyone else; or should any of
the above produce a purchaser ready, willing, and able to purchase the property; or within ___________ days after the expiration of
this contract, a sale is made to any person to whom the property has been shown during the listing period; Seller agrees to pay a fee
for professional services of $___________ OR_________ percent of the selling price plus appropriate sales tax. Seller further
agrees that Broker or Broker’s authorized representative may act as escrow agent for all money, papers, and documents associated
with this transaction. If this property is listed with another licensed real estate broker after expiration of this listing, this contract
shall be null and void in its entirety.
5. If earnest money deposited by the Buyer is forfeited, the earnest money, less expenses, shall be equally divided between Broker and
Seller. However, in no case may the Broker’s share exceed the commission stated herein.
6. The following personal property is included in the stated price:______________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________.
7. Seller authorizes Broker, by initials in the appropriate space, to:
A. place property with the Multiple Listing Service. Yes______/______ No______/______NA____/____
B. place a “For Sale” sign on property. Yes______/______ No______/______NA____/____
C. install a lockbox on the property. Yes______/______ No______/______NA____/____
D. request mortgagee to release information to Broker. Yes______/______ No______/______NA____/____
E. request utility companies to release information to Broker. Yes______/______ No______/______NA____/____
F. advertise by computerized media. Yes______/______ No______/______NA____/____
8. This property is offered for sale regardless of sex, race, color, national origin, religion, creed, disability, or familial status.
9. Seller(s) shall complete and submit a property condition disclosure statement as required by SDCL 43-4-38 with this listing
agreement.
10. Seller(s) shall complete and submit a lead-based paint disclosure if property is residential and built prior to 1978 as required by
federal regulation.
Receipt of a copy of this contract by the seller is acknowledged.
_____________________________________________________ ____________________________________________________________
Seller Soc. Sec. No. Seller Soc. Sec. No.
_____________________________________________________ ____________________________________________________________
Broker By
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