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▷ ▶ Listing Agreement Presentation SelectSmart.com free Business flowcharts and decision trees.
A SelectSmart.com Flowchart by david@gretx.com. See david@gretx.com's 4me blog page.
Viewed 551 times. Created October 2013.
This SelectSmart.com Business flowchart, a free online decision tool is a creation of david@gretx.com and for amusement purposes only. The implicit and explicit opinions expressed here are the author's. SelectSmart.com does not necessarily agree.
BusinessListing Agreement Presentation
By david@gretx.com
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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.

                 
12. Seller's Repreen- tations: This states that you represent the following:
A. You own the home.
B. You'r not in any other listing agreement.
C. Any pool or spa has the required enclosures.
D. No person or entity has the right to lease or purchase.









E. There are no delinquencies or defaults.
F. It is not under the jurisdiction of any court.
G. All information is true and correct to the best of your knowledge.
H. If we had a relocation company, they would be listed here.
Seller's Promises: In addition, you agree to:









A. Cooperate to show the property.
B. Not to rent or lease the property without notifying your broker.
C. Not negotiate with any buyer directly, instead you refer them to me. That is why you hired me.
E. Maintain any pool or spa.
F. Provide broker with a copy of lease if you do lease the property.









G. Complete any disclosures (i.e. the Seller's Disclosure).
H. If anything changes about the property, you agree to amend the seller's disclosure.
Limitation of Liability: if the house becomes vacant, you need to notify your insurance company.
If any damage or injuries were to occur, that are not from any negligence on our part, your insurance would be liable.
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.









16. Default: If either one of us were to breech this agreement, we could exercise any remedy of law.
17. Mediation: We would mediate before we would litigate.
18. Attorney's Fees: If there were a lawsuit, the prevailing party would have their legal fees paid by the other party.
19. Addenda and Other Documents: We haved checked whatever is applicable.
20. Agreement of Parties: A. Entire Agreement: This is the entire agree-ment and can only be changed in writing by all parties.









B: Assign-ability: All parties have to agree to assign this agreement in writing.
C. Binding Effect: Everyone that agrees is bound to the agreement.
D. Joint and Several: We are all jointly and separately liable to the terms of this agreement.
E. Governing Law: It is governed by the laws of the State of Texas.
F. Severability: If courts strike down one clause it does not invalidate the entire agreement.









G. Notices: All notices must be in writing to be considered delivered and valid.
21. Additional Notices: A. Broker's Fees are not fixed. B. We must abide by all Fair Housing Laws.
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.
D. We advise to put away or hide all prescription meds, firearms or valuables during the listing.
E. Non-ordinance could slow sale. F. If built before 1978 Lead Based Paint disclosure is required. G. Broker can not give legal advice.