This is a step by step process explaining the Listing Agreement Presentation.
This is a standard listing agreement. It is prepared the same way for every home I list to sell. I will paraphrase what the agreement states. If you have any questions, please don't hesitate to ask.
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12. Seller's Repreen-
tations:
This states that you represent the following:
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A. You own the home.
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B. You'r not in any other listing agreement.
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C. Any pool or spa has the required enclosures.
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D. No person or entity has the right to lease or purchase.
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E. There are no delinquencies or defaults.
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F. It is not under the jurisdiction of any court.
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G. All information is true and correct to the best of your knowledge.
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H. If we had a relocation company, they would be listed here.
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Seller's Promises: In addition, you agree to:
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A. Cooperate to show the property.
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B. Not to rent or lease the property without notifying your broker.
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C. Not negotiate with any buyer directly, instead you refer them to me. That is why you hired me.
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E. Maintain any pool or spa.
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F. Provide broker with a copy of lease if you do lease the property.
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G. Complete any disclosures (i.e. the Seller's Disclosure).
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H. If anything changes about the property, you agree to amend the seller's disclosure.
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Limitation of Liability: if the house becomes vacant, you need to notify your insurance company.
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If any damage or injuries were to occur, that are not from any negligence on our part, your insurance would be liable.
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Special Provisions: This states that the home will be listing in the MLS per owner's instruction. This allows us to get the home ready.
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16. Default:
If either one of us were to breech this agreement, we could exercise any remedy of law.
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17. Mediation:
We would mediate before we would litigate.
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18. Attorney's Fees: If there were a lawsuit, the prevailing party would have their legal fees paid by the other party.
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19. Addenda and Other Documents: We haved checked whatever is applicable.
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20. Agreement of Parties:
A. Entire Agreement: This is the entire agree-ment and can only be changed in writing by all parties.
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B: Assign-ability: All parties have to agree to assign this agreement in writing.
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C. Binding Effect: Everyone that agrees is bound to the agreement.
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D. Joint and Several: We are all jointly and separately liable to the terms of this agreement.
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E. Governing Law: It is governed by the laws of the State of Texas.
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F. Severability: If courts strike down one clause it does not invalidate the entire agreement.
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G. Notices: All notices must be in writing to be considered delivered and valid.
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21. Additional Notices:
A. Broker's Fees are not fixed.
B. We must abide by all Fair Housing Laws.
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C. Seller will review the MLS listing, we will email it to you the day of the listing. Please review and send back any edits.
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D. We advise to put away or hide all prescription meds, firearms or valuables during the listing.
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E. Non-ordinance could slow sale.
F. If built before 1978 Lead Based Paint disclosure is required.
G. Broker can not give legal advice.
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Listing Agreement Presentation
