This Listing Agreement is by and between _____________________________________________ (Owner) and Realty-Mart America (Broker and/or Realty-Mart America) and provides that, in consideration for the covenants contained herein, Owner hereby appoints Broker as Owner’s exclusive Broker limited to listing the rental Property more fully described below.
1. AGREEMENT TO LIST: Owner hereby appoints Realty-Mart America as Owner’s exclusive Broker limited to list the rental Property described below, at the lease price described below, beginning the _____ day of _______________, 200__ and terminating at 11:59 P.M. the ______ day of ____________________, _____ (Termination Date). Owner certifies and represents that Owner is the legal titleholder and entitled to lease the Property.
LEGAL DESCRIPTION OF PROPERTY:
__________________________________________________________________________________________________________,
and being improved property known as, Street
Address_____________________________________________________________
City__________________________ FLORIDA, ________________
(Zip Code) The full legal description of said property is the same as
is
recorded with the Clerk of the County in which the property is locate
and
is made a part of this agreement by reference.
RENT INCLUDES: BUILDING___, BUSINESS_____,
LAND_____, BUILDING & LAND_____, LAND ONLY_____,
EQUIPMENT INCLUDED (
SPECIFY)__________________________________________________________________
_______________________________________________________________________________________________
FURNISHINGS INCLUDED
(SPECIFY)_________________________________________________________________
_______________________________________________________________________________________________
2. TYPE OF
BUSINESS PROPERTY FOR RENT:_________________________________________
3. TERMS: DEPOSITS REQUIRED_____,
CREDIT REPORT REQUIRED______, TRIPLE NET LEASE_____,
MODIFIED GROSS LEASE_____, OTHER
_________________________________________
3.1 RENTAL PERIOD AND RATE.
Monthly Rent $ ___________________; OR Other Period
$_____________PER_____________
Lease Period Minimum________________ Months - Maximum
___________________________Months
Specify any services or fees such as water, garbage, cable, electric,
pest control, maintenance, etc., that are included in rent:
___________________________________________________________________________________________
___________________________________________________________________________________________
3.2 ADVANCED RENTS, DEPOSITS AND FEES TO BE PAID BY TENANT:
Owners Security Deposit
$___________________________(1 month rent if amount not filled in)
Complex / Association Deposit $__________ Application Fee
$_________________________________________
Other Deposit
(description)_______________________________________________________________________
4. OWNER’S OBLIGATIONS & BROKER COMPENSATION: The Property and all improvements thereon are offered for lease at the listing rent amount. Owner reserves the right to amend the listing rent. Any changes to the listing rent price will not be effective until submitted to Broker in writing, signed by Owner, and submitted to the MLS by Broker. Realty-Mart America shall make any modifications and changes in the MLS pursuant to the MLS rules. Owner agrees to make the Property available to MLS Members at all reasonable hours for showing to prospective Buyer’s during the term of this Agreement.
4A. Owner authorizes Broker to make an offer of cooperation to all participating brokers in the MLS. Owner authorizes Broker to make an offer of compensation equal to the cooperating commission to all participating Brokers in the MLS who are acting solely as a Buyer’s Broker or Transaction Broker (“Cooperating Broker”). Any changes to the cooperating commission will not be effective until submitted to Broker in writing, signed by Owner, and submitted to the MLS by Broker.
4B. Other than the
non-refundable flat fee of $349 Owner agrees to pay Realty-Mart
America, Owner is only
required
to pay a commission of _________ % of the annual rent or
$__________________
to a licensed Buyer’s Broker or Transaction Broker (Realty-Mart America) will be considered a
Buyer's
Broker if Realty-Mart America
procures a tenant for the Property on its own efforts) who represents
and
introduces the property to a ready and able tenant pursuant to a
written
or oral Agreement with a valid real estate license. Owner must pay the
cooperating
commission if, during the term of this agreement or the protection
period,
within 60 days after this listing expires, Owner rents the Property to
a
tenant shown the Property by a cooperating broker. Upon the lease of
the
Property the cooperating commission will be paid to cooperating broker.
The listing agreement will be for a term of up to one year. However, you retain the option to cancel the listing agreement at anytime without penalty. The Multiple Listing Service requires a signed listing agreement to be listed on the MLS. You can only be listed for the dates indicated on the listing agreement.
4C. Owner must pay the
cooperating commission
if, within 60 days after this listing expires, Owner 1) enters into a
lease
contract to any buyer shown the Property by a cooperating broker during
the
term of the listing. If such contract or transfer occurs while the
Property
is listed exclusively with another licensed real estate broker, the
provision
of this sub-paragraph will not apply. Should Owner default in the
performance
of a rental contract signed by Owner and a prospective buyer, Owner
must
pay the cooperating commission as if the lease of the Property had been
consummated,
and any expenses, including reasonable attorney’s fees, incurred in
connection
with such default, the lease of this Agreement, Owner must pay any
expenses,
including reasonable attorney’s fees, incurred in connection with such
default
or the enforcement of this Agreement. Broker will retain the listing
fee
in all circumstances, including, without limitation, when a tenant is
found
for the Property or in the event Owner is unable to lease the Property.
Under this Agreement, the Owner can lease his/her Property himself/herself to any tenant not procured or represented by a participating Realtor, in which case no agent commission is due.
Notice: The amount or rate of the real estate commission is not fixed by law. They are set by each Broker/Realtor individually and may be negotiable between the Owner and Broker/Realtor.
5. OWNER OBLIGATIONS: Owner shall provide Realty-Mart America with all the Property information requested and represents that said information is true and accurate to the best of Owner’s knowledge. Owner is responsible for any and all inaccuracies contained in the information provided to Realty-Mart America and agrees to be responsible for any fines assessed by the MLS for any MLS infractions caused by Owner as stated below. Owner understands that Realty-Mart America does not conduct any investigation of the Property to verify the information provided by Owner and is not responsible for the accuracy of the information. Realty-Mart America shall input the Property information with the local MLS in accordance with local MLS rules and regulations. Realty-Mart America shall complete a verification Form setting forth all of the information provided by Owner and as input on the MLS. Owner agrees to review, verify and sign the form. If the Property was built in 1977 or earlier, Owner will provide Broker and tenant with all information. Owner knows about lead-based paint and lead based paint hazards in the property and with all available documents pertaining to such paint and hazards, as required by federal law. Owner understands that the law requires the provision of this information to Broker and to prospective tenants before the tenants become obligated to lease the property.
5A. Owner agrees to notify Broker, within 24 hours, in the event of any of the following:
Owner enters into a contract to lease the property
Owner wishes to change the
listing rent amount or cooperating commission.
Owner decides not to lease
property
5B. Owner, upon entering into a lease contract a tenant, agrees to notify Broker, within 24 hours, of the fact that Property is under contract, and will advise Broker of the name and phone number of the agent and provide a complete fully executed copy of the lease agreement. The failure to do so may result in a $100.00 fine to Realty-Mart America, which will be charged to the Seller collectable at closing and/or through judicial action at the option of Realty-Mart America.
5C. Owner may not: Advertise the Property at a rent price that is lower than the Listing rent Price; or (4) use Realty-Mart America's name or logo in any advertisement placed independently by Owner.
6. Listing Fee:
Owner agrees to pay at the time of entering into this Agreement and in
the manner provided herein a non-refundable listing fee of $349 for the
initial term of this Agreement. Should a participating Realtor,
including Realty-Mart America,
procure a tenant who is qualified, ready, able and willing to lease the
described Property for the rent price identified in paragraph #3 of
this agreement a lease and transfer to such a tenant must occur. The
fee charged by Realty-Mart America
is for placing the initial information into the MLS. There are no other
fees charged for subsequent changes made to the information provided to
the MLS or cancellation of the listing.
7. Broker's Services: The
Broker's services
are strictly limited to the following.
List the Property on the Multiple Listing Service (MLS), for the terms of this Agreement, up to a maximum of one year.
8. REALTY-MART AMERICA SHALL NOT BE AN ESCROWEE: Other than the service fee paid by Owner for the services of Realty-Mart America, Owner shall not tender to Realty-Mart America or any Broker/Agent employed by Realty-Mart America, at any time, any money for deposit or to hold on Owners or tenant’s behalf. Realty-Mart America's Broker/Agent employees are expressly prohibited from accepting any money from Owner. Owner shall not execute a lease contract that stipulates or requires Realty-Mart America to hold rent deposits, advanced fees or a possession escrow.
9. OWNER'S MANDATORY DISCLOSURES: Owner understands that Owner has a duty under Florida law to disclose to a potential tenant facts known to the Owner which materially and adversely affect the value of the Property, including violations of governmental laws, rules and regulations, and which are not readily observable by a tenant. Owner understands that Florida law requires Broker to disclose to any tenant all facts which materially affect the value of the Property actually known by Broker which are not readily observable by any tenant. Owner understands that a licensed real estate broker or salesperson (”licensee”) working with a tenant may represent that tenant, and may be required to disclose to the tenant any information given to him by Owner. Realty-Mart America shall not be responsible for making any disclosure to tenant. Owner expressly releases Realty-Mart America from any responsibility or liability regarding disclosure requirements whether required by statute or otherwise. Realty-Mart America recommends that Owner consult with legal counsel concerning Owner’s disclosure requirements or the completion of any disclosure form. Owner agrees to indemnify and hold Realty-Mart America harmless for any violation of any ordinance, regulation, statute of law regarding Owner’s disclosure obligations.
10. REPRESENTATIONS: Owner represents, warrants and agrees as follows: Owner understands that he/she must comply with all federal, state and local laws concerning fair housing. Owner acknowledges that federal, state, and local laws prohibit discrimination in the rental of property based on race, color, religion, sex, disability, familial status, or national origin. Owner cannot instruct Broker or any person acting as Owner’s agent to convey on behalf of Owner any limitations in the lease of the Property based upon any of the foregoing as Realty-Mart America is also bound by the law not to discriminate.
10A. All persons and/or entities authorized to rent the Property have signed this Agreement, and the undersigned signature(s) include all person(s) and/or entities, or their duly authorized representatives, who have an ownership interest in the Property. If the individual signing this Agreement is acting in a representative capacity, such individual certifies that he is legally authorized to enter into this Agreement.
10B. Owner has given Broker the information regarding the Property to appear on the MLS. Owner understands that the Property information will be included in the MLS. Such information is accurate and complete and does not omit or fail to disclose any material defects regarding the Property known to Owner.
10C. Owner shall indemnify, defend and hold broker harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses (including reasonable attorney’s fees) arising out of any misrepresentation, nondisclosure, concealment nonperformance of any lease agreement, or payment of any commissions by Owner in connection with the rental of the Property, including without limitation, the inaccuracy or incompleteness of any information provided by Owner for listing on the MLS. Owner is solely responsible for any complaints made by a tenant or prospective tenant before or after possession of the Property with respect to any defects in the Property.
11. LOCK BOX (PURCHASE): At Owner’s option, Owner may purchase a combination lock box system. Owner shall hold Realty-Mart America harmless from any and all liability, claim, judgement, obligations or demands, including reasonable attorney’s fees, arising as a result of the lock box. Owner should remove or safeguard personal valuables while the lock box is being used. If the Property is currently being leased, Owner must comply with local laws regarding access to the premises and, in most states, advise tenants of the foregoing and obtain tenants authorization consenting to the use of a lock box, for access to the Property.
12. OWNERS OF MULTIPLE PROPERTIES: A single owner renting multiple Properties in the same complex or building, must list each Property individually with Realty-Mart America Multiple. Property listings will be offered at a discounted flat fee rate.
13. ENTIRE AGREEMENT: This Agreement contains all covenants between the parties and may only be modified by writing signed by all parties hereto. There are no oral representations made that are not contained herein and no oral modifications of this Agreement are allowed.
14. ASSIGNMENT: This Agreement may not be assigned by the Owner without the express written consent of Realty-Mart America.
15. BINDING: This Agreement shall be binding upon the parties hereto and respective heirs, personal representatives, successors and assigns.
16. PRIOR AGREEMENTS: This Agreement supercedes all other Agreements entered into between the parties and in the event there is a conflict between this Agreement and any other Agreement between the parties hereto the terms and provisions of this Agreement shall control and be binding upon the parties.
17. NO GUARANTEE OF RENTING OF PROPERTY: Owner understands that this Agreement does not guarantee the rental of the Property.
18. LIMITATION OF BROKER'S LIABILITY: Owner agrees that the limit of Realty-Mart America's liability under this Agreement and/or related to Realty-Mart America's performance of the services mentioned herein is strictly limited to the service fee paid to Realty-Mart America by Owner and no more.
19. TERMINATION OF AGREEMENT: There is no termination fee in the event the Owner decides to withdraw their Property from the market by giving written notice to Realty-Mart America at any time there is not then a lease contract pending on the Property involving a renter who was procured by a participating licensed real estate agent. A refund will only be provided if Realty-Mart America does not accept this agreement or this service is cancelled before the listing is entered into the Multiple Listing Service (MLS). You will be provided a copy of the MLS Listing.
20. ATTORNEYS FEES &
COSTS: If a dispute arises by and between the parties or
involving the subject matter of this Agreement and litigation is
commenced to enforce the provisions herein or interpret the provisions
herein, the prevailing party shall be due its reasonable attorneys fees
and litigation costs, including appellate attorneys fees & costs by
the non-prevailing party.
.
21. OWNER’S ACKNOWLEDGEMENT OF REALTY-MART AMERICA'S LIMITED
DUTIES: This Agreement creates an Exclusive Agreement to market owner’s
Property and limits the performance requirements of Realty-Mart America as set forth herein. Realty-Mart America is not representing Owner
as
a full service Real Estate Agency but rather has limited obligations
and
provides limited representation to Owner. Realty-Mart
America has no obligation to prepare or negotiate, on
Owner’s
behalf, a real estate contract for the rental of the Property. Owner
acknowledges
that renting the property may be complicated and may require
professional
legal assistance. Owner agrees to obtain assistance, as Owner deems
necessary.
No other agreement, expressed or implied, shall be held to impose any
greater
relationship than that set forth herein. Owner waives any claim or
cause
of action it may have against Realty-Mart
America, its agents and employees arising as a result of
any act or omission of Realty-Mart America.
Owner accepts the responsibility to comply with all ordinances,
regulations and statutes pertaining to Owner’s offer for rent of the
Property. Owner does not waive any rights guaranteed by the regulations
and statutes of the State which cannot be voluntarily waived.
Realty-Mart America is not charged with any responsibility or custody of the Property, its management, maintenance, upkeep or repair. If permitted or unless otherwise directed by Owner, Realty-Mart America may provide Owner’s address and telephone number in the MLS and all affiliated web sites. Local laws govern the use of lawn signs. Broker makes no representation that the signs it provides comply with local law. Owner should be aware of local regulations or should consult with local authorities prior to placing the sign.
22. FIRPTA. Section 1445 of the Internal Revenue Code requires the lessee to withhold 30% of the total rent on lease of real property by certain foreigners.
SPECIAL
CLAUSES___________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
_________________________
___________________________
Owner’s
Signature
Owner’s Signature
_________________________
___________________________
Owner’s Tax ID orSocial Security
# Owner’s
Tax ID or Social Security #
________________________
___________________________
Date
Date
ACCEPTED BY LISTING BROKER:
By:__________________________________________________________
Listing
Broker
Date
FAX
TO: 877-471-8143