The Florida Listing Agreement is a legal document that establishes a formal relationship between a property seller and a real estate broker. This agreement grants the broker the exclusive right to sell the property under specified terms and conditions. Understanding this form is crucial for sellers looking to navigate the real estate market effectively.
To fill out the Florida Listing Agreement form, click the button below.
The Florida Listing Agreement form serves as a crucial document in the real estate transaction process, establishing the relationship between a seller and a broker. This form grants the broker the exclusive right to sell the property, which includes both real and personal property, for a specified period. The agreement outlines the authority of the broker, detailing the property description, including its address and any personal property included in the sale. It specifies the price and terms of the sale, covering financing options and seller expenses. The broker's obligations to market the property effectively are also highlighted, emphasizing the importance of listing the property in a multiple listing service (MLS) to reach a broader audience. Additionally, the agreement addresses the responsibilities of the seller, including cooperation with the broker and the necessity of providing accurate information about the property. Compensation for the broker is clearly defined, along with provisions for cooperation with other brokers and dispute resolution processes. Overall, the Florida Listing Agreement form is designed to protect the interests of both parties while facilitating a smooth transaction.
Exclusive Right of Sale Listing Agreement
1This Exclusive Right of Sale Listing Agreement (“Agreement”) is between
2 ("Seller")
3 and
("Broker").
41. Authority to Sell Property: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal
5property (collectively “Property”) described below, at the price and terms described below, beginning
6 ____________________ and terminating at 11:59 p.m. on ____________________ (“Termination Date”). Upon
7full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will
8automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge
9that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race,
10color, religion, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local
11law. Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements.
122. Description of Property:
13
(a) Street Address:
14
15
Legal Description:
16
____________________________________________________
See Attachment
17
(b) Personal Property, including appliances:
18
19(c) Occupancy:
20
Property
is
is not currently occupied by a tenant. If occupied, the lease term expires ______________.
213. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller:
22
(a)
Price: $
____________________
23
(d)
Financing
Terms:
Cash
Conventional
VA
FHA
Other (specify)
in the amount
Seller Financing: Seller will hold a purchase money mortgage
24
of $
25
with the following terms:
26
Assumption of Existing
Mortgage: Buyer may assume existing mortgage for $
___________________
plus
27
an assumption fee of $____________________. The mortgage is for a term of
______ years beginning in
28
, at an interest
rate of
%
fixed
variable (describe)
.
______
_____________________________
29
Lender
approval of assumption
required
is not required
unknown. Notice to Seller: (1) You may
30remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your
31lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required
32escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.
33(2) Extensive regulations affect Seller financed transactions. It is beyond the scope of a real estate licensee’s
34authority to determine whether the terms of your Seller financing agreement comply with all applicable laws or
35whether you must be registered and/or licensed as a loan originator before offering Seller financing. You are
36advised to consult with a legal or mortgage professional to make this determination.
37 (e) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the
38purchase price and any other expenses Seller agrees to pay in connection with a transaction.
394. Broker Obligations: Broker agrees to make diligent and continued efforts to sell the Property in accordance with
40this Agreement until a sales contract is pending on the Property.
415. Multiple Listing Service: Placing the Property in a multiple listing service (the “MLS”) is beneficial to Seller
42because the Property will be exposed to a large number of potential buyers. As a MLS participant, Broker is
43obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public
44(see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in
45the MLS unless Seller directs Broker otherwise in writing. (See paragraph 6(b)(i)). Seller authorizes Broker to
46report to the MLS this listing information and price, terms, and financing information on any resulting sale for use
47by authorized Board / Association members and MLS participants and subscribers unless Seller directs Broker
48otherwise in writing.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 4.
ERS-18tb Rev 5/20
© 2020 Florida Realtors®
496. Broker Authority: Seller authorizes Broker to:
50(a) Market the Property to the Public (unless limited in Paragraph 6(b)(i) below):
51(i) Public marketing includes, but is not limited to, flyers, yard signs, digital marketing on public facing
52
websites, brokerage website displays (i.e. IDX or VOW), email blasts, multi-brokerage listing sharing
53
networks and applications available to the general public.
54(ii) Public marketing also includes marketing the Property to real estate agents outside Broker’s
55office.
56(iii) Place appropriate transaction signs on the Property, except if Paragraph 6(b)(i) is checked below.
57(iv) Use Seller’s name in connection with marketing or advertising the Property.
58
Display the Property on the Internet except the street address.
59(b) Not Publicly Market to the Public/Seller Opt-Out:
60
(i.)
Seller does not authorize Broker to display the Property on the MLS.
61(ii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), a For Sale sign will not be
62placed upon the Property and
63(iii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), Broker will be limited to
64marketing the Property only to agents within Broker’s office.
65________/__________ Initials of Seller
66(c) Obtain information relating to the present mortgage(s) on the Property.
67(d) Provide objective comparative market analysis information to potential buyers.
68
(e) (Check if applicable)
Use a lock box system to show and access the Property. A lock box does not
69ensure the Property’s security. Seller is advised to secure or remove valuables. Seller agrees that the lock
70box is for Seller’s benefit and releases Broker, persons working through Broker, and Broker’s local Realtor
71Board / Association from all liability and responsibility in connection with any damage or loss that occurs.
72
Withhold verbal offers.
Withhold all offers once Seller accepts a sales contract for the Property.
73(f) Act as a transaction broker.
74(g) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These
75websites are referred to as Virtual Office Websites (“VOWs”). An automated estimate of market value or
76reviews and comments about a property may be displayed in conjunction with a property on some VOWs.
77Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews
78about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or
79comments and reviews about this Property.
80
Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such
81estimate) to be displayed in immediate conjunction with the listing of this Property.
82
Seller does not authorize third parties to write comments or reviews about the listing of the Property (or
83display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property.
847. Seller Obligations: In consideration of Broker’s obligations, Seller agrees to:
85(a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to
86Broker all inquiries regarding the Property’s transfer, whether by purchase or any other means of transfer.
87(b) Recognize Broker may be subject to additional MLS obligations and potential penalties for failure to comply
88with them.
89(c) Provide Broker with keys to the Property and make the Property available for Broker to show during
90reasonable times.
91(d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property.
92(e) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature,
93including attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s
94negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; (3) the
95existence of undisclosed material facts about the Property; or (4) a court or arbitration decision that a broker
96who was not compensated in connection with a transaction is entitled to compensation from Broker. This
97clause will survive Broker’s performance and the transfer of title.
98(f) Perform any act reasonably necessary to comply with FIRPTA (Section 1445 of the Internal Revenue Code).
99(g) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not
100readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such
101material facts (local government building code violations, unobservable defects, etc.) other than the following:
102
______________________________________________________________________________________
103Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
104(h) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting
105requirements, and other specialized advice.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4.
1068. Compensation: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing,
107and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other
108terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax):
109 (a) __________% of the total purchase price plus $____________________ OR $____________________, no
110later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s
111fee being earned.
112 (b) __________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is
113exercised, Seller will pay Broker the Paragraph 8(a) fee, less the amount Broker received under this
114subparagraph.
115 (c) __________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or
116agreement to lease, whichever is earlier. This fee is not due if the Property is or becomes the subject of a
117contract granting an exclusive right to lease the Property.
118(d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by
119sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether
120the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the
121price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to
122
cancel an executed sales contract. (3) If, within ______ days after Termination Date (“Protection Period”),
123Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom
124Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date.
125However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another
126broker.
127 (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive ______% (50% if
128left blank) of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to
129exceed the Paragraph 8(a) fee.
1309. Cooperation with and Compensation to Other Brokers: Notice to Seller: The buyer’s broker, even if
131compensated by Seller or Broker, may represent the interests of the buyer. Broker’s office policy is to cooperate
132with all other brokers except when not in Seller’s best interest and to offer compensation in the amount of
133
% of the purchase price or $
to a single agent for the buyer;
% of the
_______________
134
purchase
price or $_______________ to a transaction broker for the buyer; and
______% of the purchase
price or $
to a broker who has no brokerage relationship with
buyer.
135
the
136
None
of the above. (If this
is checked, the Property cannot be placed in the MLS.)
13710. Brokerage Relationship: Broker will act as a transaction broker. Broker will deal honestly and fairly; will account
138for all funds; will use skill, care, and diligence in the transaction; will disclose all known facts that materially affect
139the value of the residential property which are not readily observable to the buyer; will present all offers and
140counteroffers in a timely manner unless directed otherwise in writing; and will have limited confidentiality with
141Seller unless waived in writing.
14211. Conditional Termination: At Seller’s request, Broker may agree to conditionally terminate this Agreement. If
143Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct
144 expenses incurred in marketing the Property, and pay a cancellation fee of $____________________ plus
145applicable sales tax. Broker may void the conditional termination, and Seller will pay the fee stated in Paragraph
1468(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property
147during the time period from the date of conditional termination to Termination Date and Protection Period, if
148applicable.
14912. Dispute Resolution: This Agreement will be construed under Florida law. All controversies, claims, and other
150matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be
151settled by first attempting mediation under the rules of the American Mediation Association or other mediator
152agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover
153reasonable attorney’s fees and costs, unless the parties agree that disputes will be settled by arbitration as follows:
Arbitration: By initialing in the space provided, Seller
154
(____)
(____), Sales Associate (____), and Broker (____)
155agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which
156the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator
157agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this
158Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney’s fees, and will
159equally split the arbitrator’s fees and administrative fees of arbitration.
16013. Miscellaneous: This Agreement is binding on Seller’s and Broker’s heirs, personal representatives,
161administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 4.
162Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations
163will be binding on Seller or Broker unless included in this Agreement. Electronic signatures are acceptable and
164will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals.
165The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees, and other categories
166of potential or actual transferees.
167 14. Additional Terms: __________________________________________________________________________
168______________________________________________________________________________________________
169______________________________________________________________________________________________
170______________________________________________________________________________________________
171______________________________________________________________________________________________
172______________________________________________________________________________________________
173______________________________________________________________________________________________
174______________________________________________________________________________________________
175______________________________________________________________________________________________
176______________________________________________________________________________________________
177______________________________________________________________________________________________
178______________________________________________________________________________________________
179______________________________________________________________________________________________
180
Seller’s Signature:
Date:
_______________________
181
Home Telephone:
Work Telephone:
Facsimile: ___________________
182
Address:
183
Email Address:
184
Date: _______________________
Facsimile:
185
186
187
Authorized Sales Associate or Broker:
_______________________________
188
Brokerage Firm Name:
Telephone:
189
_____________________________________________
190
191
Copy returned to Seller on
by
email
facsimile
mail
personal delivery.
_____________________
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.
Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 4 of 4.
Completing the Florida Listing Agreement is a crucial step in the process of selling a property. This document outlines the terms between the seller and the broker, detailing the responsibilities and expectations of both parties. Once filled out, the agreement will guide the marketing and sale of the property.
After completing these steps, the agreement should be reviewed carefully. Ensure all information is accurate and complete before submitting it to the broker. This form will set the foundation for the property sale process.
The Florida Listing Agreement form, specifically the Exclusive Right of Sale Listing Agreement, is a contract between a seller and a broker. This agreement gives the broker the exclusive right to sell the seller's property. The agreement outlines the terms of the sale, including the price, property description, and the duration of the listing. It also specifies the obligations of both the seller and the broker, ensuring that both parties understand their rights and responsibilities throughout the selling process.
The key components of the Florida Listing Agreement include:
The Florida Listing Agreement is designed to protect both parties by clearly outlining their rights and obligations. For the seller, the agreement ensures that the broker will actively market the property and work to find a buyer. In return, the seller agrees to cooperate with the broker and provide necessary information and access to the property. For the broker, the agreement provides assurance that they will be compensated for their efforts if they successfully find a buyer, even if the sale does not occur until after the agreement's termination date. This mutual understanding helps to foster a professional relationship between the seller and broker.
Before signing the Florida Listing Agreement, a seller should consider several important factors:
Taking the time to understand these elements can help ensure a smoother selling process.
When filling out the Florida Listing Agreement form, individuals often make several common mistakes that can lead to confusion or complications later in the process. One frequent error is failing to provide a complete and accurate description of the property. The form requires specific details, such as the street address and legal description. Omitting these details can create misunderstandings about what is being sold.
Another mistake is neglecting to specify the price and terms of the sale. The agreement includes sections for both the asking price and financing terms. Leaving these sections blank or providing vague information can hinder negotiations and may cause potential buyers to lose interest.
Some sellers overlook the importance of clearly stating whether the property is occupied. The form asks if the property is currently occupied by a tenant, and if so, it requires details about the lease term. Failing to provide this information can lead to complications during the showing process and may affect the sale timeline.
Additionally, sellers sometimes misunderstand the implications of the "Exclusive Right to Sell" clause. This clause grants the broker exclusive rights to market the property. Some sellers may mistakenly believe they can still sell the property independently without involving the broker, which can lead to disputes over commissions.
Another common issue arises with the compensation section. Sellers often do not clearly outline the commission structure for the broker. This section is crucial, as it defines how and when the broker will be compensated. Incomplete or unclear information can lead to disagreements after a sale is finalized.
In some cases, individuals may not fully understand the obligations outlined in the agreement. For instance, the seller must cooperate with the broker and provide access to the property for showings. Failing to adhere to these obligations can result in penalties or complications in the selling process.
Moreover, sellers frequently neglect to consult with professionals regarding legal or tax implications associated with the sale. The agreement encourages seeking advice from legal or mortgage professionals, and not doing so can result in unforeseen liabilities or issues down the line.
Lastly, individuals sometimes forget to sign and date the agreement properly. A missing signature can render the contract invalid, leading to potential disputes about the terms and conditions of the sale. Ensuring all required signatures are present is essential for the agreement to be legally binding.
When engaging in the sale of property in Florida, several important documents accompany the Florida Listing Agreement. Each of these documents plays a crucial role in facilitating the transaction and ensuring that both the seller and broker understand their rights and responsibilities. Here’s a brief overview of some common forms used alongside the Listing Agreement.
Understanding these documents can greatly enhance the selling process, providing clarity and protection for both sellers and brokers. Each form serves a specific purpose, ensuring that all parties involved are informed and compliant with legal requirements. Being well-prepared can lead to a smoother transaction and a successful sale.
The Florida Listing Agreement shares similarities with the Exclusive Agency Listing Agreement. Both documents establish a relationship between the seller and the broker, granting the broker the authority to market and sell the property. However, the Exclusive Agency Listing allows the seller to sell the property independently without owing a commission to the broker if they find a buyer themselves. This creates a slightly different incentive structure for the seller, as they may be motivated to find their own buyer to avoid paying the broker's fee.
Another comparable document is the Open Listing Agreement. This type of agreement allows multiple brokers to market the property simultaneously. The seller retains the right to sell the property without owing a commission to any broker if they find a buyer themselves. Unlike the Florida Listing Agreement, which grants exclusive rights to one broker, the Open Listing Agreement offers more flexibility for sellers but may result in less focused marketing efforts.
The Exclusive Right to Lease Listing Agreement is also similar, as it grants a broker exclusive rights to lease a property. This document outlines the terms under which the broker can market the property for lease, similar to how the Florida Listing Agreement outlines the sale of a property. Both agreements emphasize the broker's obligation to market the property diligently and the seller's responsibilities in the process.
The Buyer Representation Agreement can be compared to the Florida Listing Agreement in that both establish a formal relationship between a client and a real estate professional. While the Listing Agreement is focused on selling a property, the Buyer Representation Agreement outlines the terms under which a broker will assist a buyer in purchasing a property. Both agreements detail the obligations of the respective parties and the compensation structure for the broker.
The Rental Listing Agreement is another similar document, as it allows a broker to represent a property owner in renting out their property. Like the Florida Listing Agreement, it outlines the broker's authority to market the property and the terms of compensation. The primary difference lies in the focus on rental transactions rather than sales, but the structure and purpose of the agreements are quite similar.
The Commercial Listing Agreement parallels the Florida Listing Agreement in its purpose to facilitate the sale or lease of commercial properties. Both documents provide a framework for the relationship between the seller or landlord and the broker. They also include terms regarding marketing efforts, compensation, and the responsibilities of both parties, although the specifics may differ based on the nature of commercial transactions.
The For Sale by Owner (FSBO) Agreement is another document that shares similarities. While it is not a formal agreement with a broker, it outlines the seller's intent to sell their property independently. The FSBO Agreement may include terms about the seller's responsibilities and any conditions under which they might engage a broker later. This contrasts with the Florida Listing Agreement, which establishes a formal relationship with a broker from the outset.
Lastly, the Property Management Agreement can be seen as similar in that it establishes a relationship between a property owner and a professional, though its focus is on managing a property rather than selling it. Both agreements outline the roles and responsibilities of the parties involved, including marketing efforts, financial obligations, and the scope of authority granted to the broker or property manager. While the goals differ, the structural elements of the agreements are comparable.
When filling out the Florida Listing Agreement form, it’s crucial to ensure accuracy and compliance. Here’s a list of things to do and avoid:
Many people believe that signing this agreement ensures their property will sell. In reality, the agreement grants the broker the exclusive right to sell, but it does not guarantee a sale will occur.
Some sellers think they can simply sign the agreement and do nothing else. However, the seller must cooperate with the broker, provide access to the property, and disclose any material facts that could affect the sale.
While the Multiple Listing Service (MLS) is a powerful tool for marketing, brokers can also use other methods, such as flyers, digital marketing, and yard signs, to reach potential buyers.
Some sellers believe that once the sale is complete, they have no further responsibilities. However, they may still be liable for undisclosed issues or misrepresentations related to the property.
Many sellers think they only need to pay the broker when the sale closes. However, the broker's fee may be earned earlier if certain conditions are met, such as if the seller accepts an offer.
Some sellers assume they can terminate the agreement whenever they wish. In reality, they may need to pay a cancellation fee and cover any expenses the broker incurred while marketing the property.
Some sellers think they can keep information about the property's condition hidden. However, they are legally required to disclose any material facts that could affect its value.
Many believe that the same agreement works for every property. In fact, the terms can be customized to fit the specific needs of the seller and the property being sold.
The Florida Listing Agreement grants the Broker the exclusive right to sell the property, which means only the Broker can represent the Seller in the sale.
It is crucial to accurately complete the description of the property, including the street address and any personal property included in the sale.
The agreement outlines the price and financing terms, which should reflect what the Seller is willing to accept and any financing options available to potential buyers.
Listing the property in a Multiple Listing Service (MLS) can significantly increase visibility and attract more potential buyers.
Sellers must understand their obligations, which include cooperating with the Broker and providing access to the property for showings.
Compensation for the Broker is specified in the agreement, detailing how and when the Broker will be paid upon the successful sale of the property.
Both parties should be aware of the dispute resolution process, which includes mediation and potentially arbitration, to resolve any disagreements that may arise.
Fill in Your Florida Listing Agreement Form