Fillable Agency Listing Agreement - Owner

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Agency Agreement - Owner (Listing Agreement)

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Property Address: _________________________________________________________________________________
Agency Agreement – Owner - South Dakota (Listing Agreement)
Client:
Responsible Broker and Brokerage Firm: __
(hereinafter referred to as Broker)
Start Date: _____________________ Expiration Date: _______________________ at midnight. If Client enters into a
purchase agreement during the term of this agreement, the termination of this agreement shall be the date of closing under
said purchase agreement, or if the transaction does not close, the date which the parties agree to discontinue negotiating.
This agreement can be terminated with mutual written consent of the parties.
1) Creation of Agency. The Broker, as agent for the Client, negotiates and advocates on behalf of the Client,
performs
the terms of any written agreement made with the client, and promotes the interest of the client with the utmost good faith,
loyalty, and fidelity. The Client should carefully read all documents to assure that they adequately express Client’s
understanding of the transaction and protection of your own interests. The Client represents no other Broker has been
employed as an exclusive agent for real estate defined in section 2 and agrees to protect, defend, indemnify and hold
Broker harmless from the claims, liability, and expenses, including reasonable attorney’s fees, arising by reason of the
claim of any other broker in compensation as the result of a transaction that is within the scope of this agreement. Not all
agency options may be offered by broker. The Client authorizes the Broker,as Client’s exclusive/ non-
exclusive agent, to identify and communicate to Client Purchasers appearing to have interest in purchasing the real estate
described in Section 2.
A. Single Agency: When a firm and all of its agents represent only you and advocate for only your interests during
a transaction
The Client further authorizes:
B. Appointed Agency: The broker appoints as your agent, to
represent only you and advocate for only your interests. Upon signing this agreement, agents within the firm who
have not been specifically named do not represent you and cannot advocate for your interests. Confidential
information can only be shared with the responsible broker and the designated
broker , unless you provide written permission. The responsible broker may appoint
other affiliated licensees to be your agent during the term of this agreement should the appointed agent not be able
to fulfill the terms of this agreement or by written agreement between you and the responsible broker. An
appointment of another or additional affiliated licensee does not relieve the first appointed agent of any duties
owed to you.
Limited agency rules apply to the responsible broker when a purchaser client of this firm inquires about your
property under contract for sale/lease with this firm. The responsible broker can legally be the limited agent of both
parties of a transaction with your knowledge and written consent of you and the other party.
Your appointed agent(s) can legally be a limited agent for an in-company transaction with your knowledge and
written consent of you and the other party.
(If this broker/firm does not offer appointed agency representation initial N/A below)
C. Limited Agency: All licensees of the brokerage firm owe you the duties as described in single agency until a
purchaser client of this firm inquires about your property under contract for sale/lease with this firm. At this time a
limited agency relationship exists, however, limited agency may only occur with prior written permission of the
parties of the potential in-company transaction. In a limited agency relationship the broker, directly or through one
or more agent, may not be able to continue to provide services previously provided to you, such as:
• no longer providing advice or advocating for your interests, or the purchaser’s interests, to the detriment of
either party.
Unless you give written consent, a limited agent cannot:
• Disclose personal confidences of one party or the other party, unless required by law
• Disclose a buyer is willing to pay more, or a seller is willing to accept less, than the asking price or lease rate
offered for the property;
• Disclose the motivating factors for any client, buying, selling, or leasing the property;
• Disclose a client will agree to financing terms other than those offered.
The client acknowledges and consents as initialed:
I agree to appointed agency and the appointed agent(s) named in 1B: Yes \ No \ N/A \
I agree to limited agency representation, as described in 1C: Yes \ No \ N/A \
dd mmm yyyy
dd mmm yyyy
Property Address: _________________________________________________________________________________
2) Description of Property. The Client warrants that Client is the owner of record of the property; or Client’s
representative has the written authority, attached, to execute this agreement on behalf of the owner of record and
hereby grants the undersigned Broker, for the term of this agreement, the right to sell or lease the property legally
described as:
__
Also known as: City: Zip:
Property listed is for (mark one or both): ☐Sale ☐ Lease
A. Sales Price: For the sum of
$ , on the following terms:
or other terms, by written acceptance, to Client.
B. Lease Terms (if applicable)
Seller represents the title of the property to be good and merchantable and hereby represents that all known
encumbrances, liens or clouds on title are disclosed. In the event of a sale, exchange or trade, Seller at Seller’s
expense will convey good and merchantable title to said property by Warranty Deed or sufficient conveyance
instrument to Buyer, thereof. In the event of an undisclosed encumbrance that results in cancellation by Buyer,
discharge of Buyer from purchase price and/or assumption by Buyer who is credited on the purchase price for the
undisclosed encumbrances, liens, or cloud on title, Seller shall be liable to Broker for fee outlined in Section 3 as
though contract of sale was not canceled. Seller acknowledges that there may be tax consequences arising out of the
sale of this property and is advised to seek competent tax advice.
3) Broker Services and Compensation
A. The fee for services provided by broker will be % or $ of the selling price plus applicable
sales tax.
B. Client authorizes broker as initialed:
1. Cooperate with brokers who represent buyers Yes \ No \
2. Compensate cooperating brokers % or $ Yes \ No \
C. If Broker is an exclusive agent, and during the period of this agreement the property is sold by Client, Broker, a
cooperating broker, or anyone else; or if Broker is a non-exclusive agent and the property is sold to a Purchaser
identified by Broker and submitted to Client in writing; or should any of the aforementioned produce a Purchaser
ready, willing, and able to purchase the property; Client agrees to pay compensation as stated above.
D. If within ___________ days after the expiration or mutual written termination of this contract a sale is made to
any person to whom the property has been shown during the listing period, Client agrees to pay the broker as stated
above. If this property is listed with another real estate licensee after expiration or mutual termination, this contract
shall be null and void in its entirety.
E. 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 represent and receive compensation from both parties. No compensation is
owed if Client is in an exclusive agreement with another Broker.
F. Broker may act as escrow agent for all money, papers, and documents associated with this transaction.
4) Authorizations. Seller authorizes Broker as initialed:
A. Advertise by computerized or other media. Yes______/______ No______/______
B. Place a firm marketing sign on property. Yes______/______ No______/______
C. Install a lockbox on the property. Yes______/______ No______/______
D. Request mortgagee to release information to Broker. Yes______/______ No______/______
E. Request utility companies to release information to Broker. Yes______/______ No______/______
F. Disclose to buyers or buyers’ agents that Seller has received other offers. Yes______/______ No______/______
Property Address: _________________________________________________________________________________
5) Personal Property. The following personal property is included in the stated price and shall be conveyed by Seller to
Buyer, free of liens and without warranty of condition, by a bill of sale at closing and in accordance with its terms:
6) Disclosures. Seller(s) shall complete and submit a property condition disclosure statement as required by SDCL 43-
4-38, unless exempt pursuant to SDCL 43-4-43, with this listing agreement. Seller(s) shall complete and submit a
lead-based paint disclosure if property is residential and was built prior to 1978 as required by federal regulation.
7) Nondiscrimination. Client and Broker will not participate in any act that unlawfully discriminates on the basis of race,
color, creed, religion, sex, disability, familial status, country of national origin or any other category protected under
federal, state or local law.
8) Modification. No modification of any of the terms of this agreement shall be valid or binding upon the parties, unless
such modifications have first been reduced to writing and signed by both parties.
9) Other Instructions.
THIS IS A LEGALLY BINDING CONTRACT. If you have questions regarding the duties and responsibilities of the
broker, you should resolve those questions before proceeding further or SEEK LEGAL ADVICE
Client: Date: Phone:
Client: Date: Phone:
Address:
City: State: Zip:
E-mail address:
AGENT OBLIGATIONS: Regardless of representation, the broker shall: Disclose all known material facts about the
property which could affect the Client’s use or enjoyment of the property, disclose information which could have a material
impact on either party’s ability to fulfill their obligations under the purchase/lease agreement, respond honestly and
accurately to questions concerning the property, and deal honestly and fairly with all parties.
Broker/Firm: __ __
By Agent: Date: ___________________
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Agency Listing Agreement - Owner

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Completed 19 December 2018

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