Exclusive Brokerage Listing Agreement

1 This Exclusive Brokerage Listing Agreement (“Agreement”) is between

2 _____________________________________________________________________________________ ("Seller")
3 and _________________________________________________________________________________ ("Broker").

4 1. Authority to Sell Property: Seller gives Broker the right to be the EXCLUSIVE BROKER in the sale of the real
5 and personal property (collectively “Property”) described below, at the price and terms described below, beginning
____________________ and terminating at 11:59 p.m. on ____________________ (“Termination Date”). Seller

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7 reserves the right to sell the Property directly to a buyer without the assistance of any real estate licensee and, if
8 successful, does not owe Broker a commission. Upon full execution of a contract for sale and purchase of the
9 Property, all rights and obligations of this Agreement will automatically extend through the date of the actual
10 closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This
11 Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national

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12 origin, or any other factor protected by federal, state, or local law. Seller certifies and represents that she/he/it is
13 legally entitled to convey the Property and all improvements.
14 2. Description of Property:
15 (a) Street Address: _________________________________________________________________________

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16 _______________________________________________________________________________________
17 Legal Description: ________________________________________________________________________
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__________________________________________________

__________________________________________________
(c) Occupancy:
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(b) Personal Property, including appliances: ___________________________________________________
See Attachment _____________________

22 Property is is not currently occupied by a tenant. If occupied, the lease term expires _______________.
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23 3. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller:
24 (a) Price: $____________________
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25 (b) Financing Terms: Cash Conventional VA FHA Other (specify) ______________________

26 Seller Financing: Seller will hold a purchase money mortgage in the amount of $ ___________________
27 with the following terms: ___________________________________________________________________
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28 Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ _________________ plus
29 an assumption fee of $____________________. The mortgage is for a term of ______ years beginning in
30 ______, at an interest rate of ______% fixed variable (describe) ______________________________ .
31 Lender approval of assumption is required is not required unknown. Notice to Seller: (1) You may
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32 remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your
33 lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required
escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.
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35 (2) Extensive regulations affect Seller financed transactions. It is beyond the scope of a real estate licensee’s
36 authority to determine whether the terms of your Seller financing agreement comply with all applicable laws or
37 whether you must be registered and/or licensed as a loan originator before offering Seller financing. You are
38 advised to consult with a legal or mortgage professional to make this determination.
39 (c) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the
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40 purchase price and any other expenses Seller agrees to pay in connection with a transaction.
41 4. Broker Obligations: Broker agrees to make diligent and continued efforts to sell the Property until a sales
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42 contract is pending on the Property.

43 5. Multiple Listing Service: Placing the Property in a multiple listing service (the “MLS”) is beneficial to Seller
44 because the Property will be exposed to a large number of potential buyers. As a MLS participant, Broker is
45 obligated to timely deliver this listing to the MLS. This listing will be promptly published in the MLS unless Seller
46 directs Broker otherwise in writing. Seller authorizes Broker to report to the MLS this listing information and price,
47 terms, and financing information on any resulting sale for use by authorized Board / Association members and
48 MLS participants and subscribers unless Seller directs Broker otherwise in writing.

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 4.
EBLA-9 Rev 6/2017 © 2017 Florida Realtors®

This software is licensed to [Willie Barnes, Jr - CENTURY 21 ALTON CLARK]

www.transactiondesk.com.
49 6. Broker Authority: Seller authorizes Broker to:
50 (a) Advertise the Property as Broker deems advisable including advertising the Property on the Internet unless
51 limited in (6)(a)(i) or (6)(a)(ii) below.
52 (Seller opt-out) (Check one if applicable)
53 (i) Display the Property on the Internet except the street address.
54 (ii) Seller does not authorize Broker to display the Property on the Internet.
55 Seller understands and acknowledges that if Seller selects option (ii), consumers who search for listings on
56 the Internet will not see information about the Property in response to their search.
57 ______/______ Initials of Seller
58 (b) Place appropriate transaction signs on the Property, including “For Sale” signs and “Sold” signs (once Seller
59 signs a sales contract) and use Seller’s name in connection with marketing or advertising the Property.

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60 (c) Obtain information relating to the present mortgage(s) on the Property.
61 (d) Provide objective comparative market analysis information to potential buyers.
62 (e) (Check if applicable) Use a lock box system to show and access the Property. A lock box does not
63 ensure the Property’s security. Seller is advised to secure or remove valuables. Seller agrees that the lock
64 box is for Seller’s benefit and releases Broker, persons working through Broker, and Broker’s local Realtor
65 Board / Association from all liability and responsibility in connection with any damage or loss that occurs.

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66 Withhold verbal offers. Withhold all offers once Seller accepts a sales contract for the Property.
67 (f) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These
68 websites are referred to as Virtual Office Websites (“VOWs”). An automated estimate of market value or
69 reviews and comments about a property may be displayed in conjunction with a property on some VOWs.

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70 Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews
71 about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or
72 comments and reviews about this Property.

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73 Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such
74 estimate) to be displayed in immediate conjunction with the listing of this Property.
75 Seller does not authorize third parties to write comments or reviews about the listing of the Property (or
76 display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property.
77 7. Seller Obligations: In consideration of Broker’s obligations, Seller agrees to:
78 (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to
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79 Broker all inquiries from real estate licensees regarding the Property’s transfer, whether by purchase or any
80 other means of transfer.
81 (b) Provide Broker with keys to the Property and make the Property available for Broker to show during
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82 reasonable times.
83 (c) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property and immediately upon
84 entering into a sales contract with a buyer procured by Seller.
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85 (d) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature,
86 including attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s
87 negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; or (3) the
88 existence of undisclosed material facts about the Property. This clause will survive Broker’s performance and
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89 the transfer of title.

90 (e) Perform any act reasonably necessary to comply with FIRPTA (Section 1445 of the Internal Revenue Code).
91 (f) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not
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92 readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such
93 material facts (local government building code violations, unobservable defects, etc.) other than the following:
94 _______________________________________________________________________________________
95 Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
96 (g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting
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97 requirements, and other specialized advice.

98 8. Compensation: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing,
99 and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other
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100 terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax):
101 (a) __________% of the total purchase price plus $____________________ OR $____________________, no
102 later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s
103 fee being earned.
104 (b) __________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is
105 exercised, Seller will pay Broker the Paragraph 8(a) fee, less the amount Broker received under this
106 subparagraph.

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4.
EBLA-9 Rev 6/2017 © 2017 Florida Realtors®

This software is licensed to [Willie Barnes, Jr - CENTURY 21 ALTON CLARK]

www.transactiondesk.com.
107 (c) __________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or
108 agreement to lease, whichever is earlier. This fee is not due if the Property is or becomes the subject of a
109 contract granting an exclusive right to lease the Property.
110 (d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by
111 sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, with the assistance of
112 any real estate licensee. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this
113 Agreement, defaults on an executed sales contract, or agrees with a buyer to cancel an executed sales
114 contract. (3) If, within ______ days after Termination Date (“Protection Period”), Seller transfers or contracts to
115 transfer the Property or any interest in the Property to any prospects with whom Broker or any other real
116 estate licensee communicated regarding the Property before Termination Date. However, no fee will be due
117 Broker if the Property is relisted after Termination Date and sold through another broker.

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118 (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive ______% (50% if
119 left blank) of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to
120 exceed the Paragraph 8(a) fee.
121 9. Cooperation with and Compensation to Other Brokers: Notice to Seller: The buyer’s broker, even if
122 compensated by Seller or Broker, may represent the interests of the buyer. Broker’s office policy is to cooperate

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123 with all other brokers except when not in Seller’s best interest and to offer compensation in the amount of
124 ______% of the purchase price or $_______________ to a single agent for the buyer; ______% of the
125 purchase price or $_______________ to a transaction broker for the buyer; and ______% of the purchase
126 price or $_______________ to a broker who has no brokerage relationship with the buyer.
None of the above. (If this is checked, the Property cannot be placed in the MLS.)

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128 10. Brokerage Relationship: (check whichever applies) Broker will act as a transaction broker, act as a
129 single agent of Seller, act as a single agent of Seller with consent to transition to transaction broker, or

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130 have no brokerage relationship with Seller.
131 11. Conditional Termination: At Seller’s request, Broker may agree to conditionally terminate this Agreement. If
132 Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct
133 expenses incurred in marketing the Property, and pay a cancellation fee of $____________________ plus
134 applicable sales tax. Broker may void the conditional termination, and Seller will pay the fee stated in Paragraph
135 8(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property
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136 during the time period from the date of conditional termination to Termination Date and Protection Period, if
137 applicable.
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138 12. Dispute Resolution: This Agreement will be construed under Florida law. All controversies, claims, and other
139 matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be
140 settled by first attempting mediation under the rules of the American Mediation Association or other mediator
141 agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover
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142 reasonable attorney’s fees and costs, unless the parties agree that disputes will be settled by arbitration as follows:
143 Arbitration: By initialing in the space provided, Seller (____) (____), Sales Associate (____), and Broker (____)
144 agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which
145 the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator
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146 agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this
147 Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney’s fees, and will
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148 equally split the arbitrator’s fees and administrative fees of arbitration.
149 13. Miscellaneous: This Agreement is binding on Seller’s and Broker’s heirs, personal representatives,
150 administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This
151 Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations
152 will be binding on Seller or Broker unless included in this Agreement. Electronic signatures are acceptable and
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153 will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals.
154 The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees, and other categories
155 of potential or actual transferees.
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156 14. Additional Terms:

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Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 4.
EBLA-9 Rev 6/2017 © 2017 Florida Realtors®

This software is licensed to [Willie Barnes, Jr - CENTURY 21 ALTON CLARK]

www.transactiondesk.com.
162 Seller’s Signature: Date: _______________________

163 Home Telephone: Work Telephone: Facsimile: ___________________

164 Address:

165 Email Address:

166 Seller’s Signature: Date: _______________________

167 Home Telephone: Work Telephone: Facsimile: ___________________

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168 Address:

169 Email Address:

170 Authorized Sales Associate or Broker: _______________________________ Date: _______________________

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171 Brokerage Firm Name: _____________________________________________ Telephone: ___________________

172 Address:

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173 Copy returned to Seller on _____________________ by email facsimile mail personal delivery.

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Florida REALTORS® makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should
not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify
the user as REALTOR®. REALTOR® is a registered collective membership mark which may be used only be real estate licensees who are members of the NATIONAL
ASSOICATION OF REALTORS® and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of
this form by any means including facsimile or computerized forms.
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Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 4 of 4.
EBLA-9 Rev 6/2017 © 2017 Florida Realtors®

This software is licensed to [Willie Barnes, Jr - CENTURY 21 ALTON CLARK]

www.transactiondesk.com.