Regulations Effective For All
Listings
The Regulations are
incorporated into the listing agreement and are agreed upon by the
signing of the listing agreement.
Important information
regarding your listing.
$299 Gold MLS Listing
Package Includes:
A. Entry into the Multiple
Listing Service chosen on the listing agreement,
B. Photos-12 (photos
provided by seller)
C. Entry into Realtor.com
D. Free Webpage URL on the
HomeDiscovery.Org site,
E. Free open house
announcements on the MLS, Realtor.com, and Webpage URL,
F. Brochures provided in PDF
format for owner,
G. Forms library with forms
needed in a sale
H. Required Disclosure Forms
I. For Sale Sign
J. On-Call Broker
Consultations
K. Free Extensions or
Changes
Here are important
requirements regarding your listing:
You acknowledge that Broker
is governed by various federal, state and MLS regulations,
therefore:
You agree to provide Broker
the following in a timely fashion:
Upon Signing a Contract:
1. Provide Home Discovery
within 24 hours of your real estate going under contract, a copy of
the sales contract and the online sales form completed.
Upon Settlement:
1. Provide Home Discovery
within 24 hours of your settlement, a copy of your HUD-1 settlement
statement.
Here is specific information
regarding your listing:
General:
The Broker is authorized to enter the property in the Multiple
Listing Service (“MLS”), Realtor.com, and the internet and to
disseminate information and data about the listing and sale of the
property.
Photos:
Broker is further authorized to have picture (s) of the property
reproduced, published and disseminated in any format including, but
not limited to, a picture book, newspaper, periodical, photo listing
or pictorial display and any other similar or related use to aid in
the sale of the property. At least one curb view photo is required
from seller for entry in the MLS.
Information:
Unless otherwise provided by law or the Seller consents in writing
herein or elsewhere to the release of the information, the Broker
and the Sales Associate shall maintain the confidentiality of all
personal and financial information and other matters identified as
confidential by the Seller.
Representation:
The Seller acknowledges that the Broker may act on behalf of the
Seller as the Seller’s representatives in a limited service
representative capacity.
Buyer representation
occurs when buyers elect to use the services of their own broker
(known as a buyer representative) to act on their behalf.
Limited Service
Representative: Owner and Broker agree that Broker will be acting as
an independent contractor and will be representing Owner in the
capacity of a limited service representative as defined in Section
54.1-2130 of the Code of Virginia, and will not be acting as a
standard agent as defined in Section 54.1-2130. As a limited service
representative, Broker's obligations will be set forth in this
Agreement. The Broker will only be conducting marketing activities
on behalf of the seller listed in the brokerage agreement. The
Broker will not be assisting in the drafting and negotiating of
offers, counteroffers, amendments, establishing strategies for
accomplishing the seller's objectives other than consultations via
telephone/fax/email, receiving and presenting written offers or
counteroffers or providing assistance (other than consultations via
telephone/fax/email) to the seller in contract obligations and to
facilitate settlement of the purchase contract. By entering into
this Agreement, Owner acknowledges its informed consent to the
limited service representation by Broker and further acknowledges
that neither the other party to any transaction nor any real estate
licensee representing the other party (Buyer Agent) is under any
legal obligation to assist Owner with the performance of any duties
and responsibilities of Owner not performed by Broker.
Regulations:
Seller acknowledges that Broker is bound by and subject to the
regulations, bylaws, policies and procedures of various Associations
of Realtors and the Regulations of the Multiple Listing Services in
which the property is entered and agreement is subject to rules
instituted by MLS Boards of entry.
Permission:
In consideration of the use of this service and facilities of the
Broker and of Sellers agreement to enter the property into a
multiple listing service, the Broker, hereinafter sometimes referred
to as Realtor or Agent, is hereby granted exclusive agency to sell
Sellers property with equipment as listed or found in the Sales
Contract between the Buyer and Seller. The price includes all
encumbrances, balances owing on equipment, brokerage fee, taxes and
assessments.
Conveyance/Liens:
Seller acknowledges that Seller must discharge all liens including,
but not limited to, existing deeds of trust, mechanic’s liens, and
tax judgment liens, at settlement. In the event the proceeds of sale
are insufficient to cover Seller’s obligations, Seller will provide
sufficient cash to discharge all liens and to pay a selling Broker’s
commission.
Short Sales/Foreclosures:
Seller shall disclose to the Listing Broker if property is a short
sale/foreclosure. All contracts with a short sale or foreclosure
will require the following statement that the “contract is subject
to third party approval (Bank Name)”.
Sales Contract:
In the event of sale, Seller will execute a sales contract
enforceable in the state in which the property is located and which
may be in the form recommended by a member of a state or local
Association of Realtors.
Offer of Compensation:
Seller authorizes Listing Broker to offer Buyer Agency
cooperation/compensation in the sale of the property.
Compensation Payment:
Owner specifically indemnifies and holds Broker harmless from any
claims of payment or compensation of any kind due a Buyer Broker and
stipulates that Owner will promptly pay any monies due the Buyer
Broker upon settlement.
Payment Terms:
The Listing Fee is paid to Home Discovery REALTORS and is a fee (not
a commission) to enter the Property information into the Multiple
Listing Service when ordered. Seller authorizes and directs the
settlement agent to disburse the Brokerage Fee per the listing
agreement payable to the Buyer Broker from the Seller’s proceeds at
settlement.
Owner Sale:
Seller may advertise and sell property without an agent.
Fees:
Flat Fee Listing Fees due Broker are earned when listing is entered
in the Multiple Listing Service
Term:
This listing contract shall expire at 5 PM on the date chosen.
Listings shall be extended by signed consent of all parties at least
24 hours prior to expiration.
Listing Information:
The listing contract and all listing information which are set forth
herein may be used as a basis for presenting the property to
prospective Buyers, and Seller warrants that the listing information
is correct.
Broker’s Duties:
Broker’s sole duty is to effect a sale of the property. The Broker
shall make a blanket unilateral offer of cooperation and
compensation to Buyer Brokers/Agents in any Multiple Listing Service
that the Broker deems appropriate.
MLS Entry:
The Broker shall enter the listing information into the REALTORS
database or MLS within 24 hours after all paperwork has been
received. Listings orders received after 3 PM will be entered in the
MLS the next business day. Listing entry days are Monday-Saturday.
Listing Price:
Seller acknowledges sole responsibility for determining the Listing
Price and Selling price of the property.
Availability:
Broker is authorized to advertise the property at the listed price.
The entire property will be available to Realtors for showing at
reasonable hours.
Liability:
In consideration of the use of Broker’s services and facilities and
of the facilities of any REALTOR Multiple Listing Service, the
Seller and Seller’s heirs and assigns hereby release the Broker,
sales associates accompanying buyers or prospective buyers, any
REALTORS Multiple listing Service and the directors, officers and
employees thereof, including officials of any parent Association of
REALTORS, except for malfeasance on the part of such parties, from
any liability to the Seller for vandalism, theft or damage of any
nature whatsoever to the Property or its contents during the term of
this Agreement. The Seller waives any and all rights, claims and
causes of action against them and holds them harmless for any
property damage or personal injury arising from the use or access to
the Property by any person during the term of this Agreement except
for malfeasance in the part of such parties.
Supra/Risco Electronic
Lockboxes: It is
understood that Supra and or Risco Lockboxes are leased to the
Sellers during the term of the listing. Once listing is sold,
expired, or terminated the Seller is required to return the lockbox
to our office within 10 days.
Advertising/Signs:
Seller shall not place any sign other than the Listing Broker’s sign
or Seller’s FSBO sign on the property during the listing period (See
Following Note). Seller agrees not to use Brokers name or logo in
any advertisements placed by Seller. Note: REIN MLS users please
call our office for conforming sign information.
Condominium/Cooperative/Homeowners Association:
Seller represents and stipulates that Seller will comply with any
state laws regarding Condominium, Cooperative or Homeowners
Associations, and that if applicable, accepts the responsibility for
securing and furnishing any required documents to prospective buyer
(s) or buyer (s) representatives as prescribed by law. Seller agrees
to execute any and all appropriate forms required by the
Homeowners/Condominium Association in order to expedite transfer.
Property Condition
Disclosure: Seller
is advised that under state laws, Buyer is entitled to receive from
Seller a written residential property condition disclosure statement
on a form provided by the state Real Estate Commission. Seller must
deliver the completed disclosure statement to the Buyer on or before
the Buyers entering into a contract of sale (offer to purchase). The
disclosure form is provided by Home Discovery.
Sewer and Water:
If the property is on septic and/or individual sewage, at time of
settlement, Seller must provide certification that the system is in
working order for normal use. If a well, Seller must provide
certification from a State-Licensed laboratory that the well water
is potable.
Hazardous Materials:
There are many hazardous materials including radon that could affect
the sale of the property. Seller or a prospective Buyer may desire
to employ an expert to inspect the property for the presence of
radon or other hazardous materials and separate reports and
addendums may be incorporated by the parties.
Settlement Fees and Costs:
Seller is aware that under federal law (RESPA), Buyer is entitled to
select the title insurance company, settlement or escrow company or
title attorney. It is understood that Seller may be charged by
settlement agent a reasonable closing fee relevant to the
preparation of settlement papers and release of liens.
Lead Paint:
Under federal regulations, for all properties constructed prior to
1978, Seller must disclose to Buyer known lead paint hazards; give
Buyer Copies of reports available to Seller from tests for lead
paint; give Buyer an EPA pamphlet about protecting families from
lead in homes; and give Buyer a contingency period to inspect for
lead up to ten(10) days.
Fair Housing Laws:
This property shall be shown and made available without regard to
race, color, religion, sex, handicap, familial status or national
origin as well as all classes protected by the laws of the United
States, and as applicable, the Commonwealth of Virginia, and
applicable local jurisdictions.
Showing:
The Listed property shall be available for showing no later than
twenty-four hours from the date hereof. If not, said property shall
not be entered into the Multiple Listing Service until such time as
it is available to be shown.
Property:
Seller retains full responsibility for the Property, including all
utilities, maintenance, physical security and liability during the
term of the Agreement unless otherwise agreed to in writing.
Withdrawn/Early Release:
Seller may withdraw this listing from active marketing on the MLS
system at any time with a written notice to Broker signed by all
legal owners. There are no refunds after the listing has been
entered into the MLS except for those wishing to use and complete
the Home Selling Guarantee.
Broker Withdrawal:
Broker reserves the unilateral right to withdraw this listing from
any MLS system at anytime without notice if any outstanding balances
are unpaid by the Seller after 30 days from bill date, or if Seller
refuses to comply with providing Broker any required paperwork or
other documentation in a timely fashion as required by regulation or
law including providing a copy of the Sales Contract, and the HUD-1
Settlement Statement.
Listing Changes:
Seller may make changes to MLS listing, all changes must be
submitted on the online form/email and signed by all legal owners.
Listing change forms must be ratified by the Broker in order to be
effective.
Authorized Signatures:
This Agreement requires Seller’s signature (s) as well as Broker’s
signature in order for such Agreement to become effective. Seller
stipulates that all persons and/or entities who have ownership
interest and authorized to sell the Property have signed this
agreement. If any individual signing this Agreement is acting in a
representative capacity, such individual certifies having legal
authorization to enter into this Agreement.
Indemnification:
Seller 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 or concealment by Seller
in connection with the sale of the Property, including, without
limitation, the inaccuracy or incompleteness of any information
provided by Seller for listing in the MLS.
Signed Agreement:
Broker will sign and return a copy of the Listing Agreement to
Seller.
Compliance:
Seller understands Broker is subject to fines and sanctions for
noncompliance of MLS rules. Should Seller fail to provide the above
information or default under any terms and conditions of this
Agreement, Seller must pay expenses and fines imposed on Broker by
the MLS or any other agencies for noncompliance, including
reasonable attorney’s fees incurred in connection with such default
or the enforcement of this Agreement.
Overview:
You are advised and acknowledge that Broker is not providing advice
or information on matters regarding legal, financing, engineering,
tax, structural/mechanical condition, hazardous materials or
surveys. You are advised to seek independent and expert help
regarding these matters from professionals in these areas. Brokers
sole responsibility is to list your home in the Multiple Listing
Service and service your listing as required by regulation or law or
this agreement.
MLS Restrictions:
Remarks violating Fair Housing laws are not allowed by the MLS.
MLS Services/Broker Held
Harmless:
Photography, Internet advertising and some other forms of
advertising are provided by the MLS not the Broker, and Broker is
not responsible for any inaccuracies or clerical errors in MLS
listings; any delays, errors or interruption of services provided by
MLS service, internet providers, sign/lockbox materials delivery
services (i.e. UPS., common carriers, local delivery services) or
other 3rd party vendors, and Seller specifically indemnifies and
holds Broker harmless from any and all claims, loss or liability
arising from any matters involving listing services, photography,
internet advertising, delivery of materials, or any other forms of
advertising including errors or omissions in any listing placed in
the Multiple Listing Service, Internet or other electronic or
printed media.
Limitation of Liability:
In no event shall Home Discovery REALTORS or it’s Broker or
employees be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including
but not limited to loss of use, loss of profits, or any other kind
of loss, whether in an action in contract, tort (including but not
limited to negligence), or otherwise, arising out of or in any way
connected with the products, services or any other terms of this
Agreement. In any case, Home Discovery REALTORS or it’s Broker or
employees entire liability under any provision of this Agreement
shall be limited to the amount actually paid by you for products or
services.
Applicable Law and Venue:
These terms and conditions shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia, applicable
to agreements made entirely to be performed within the Commonwealth
of Virginia, without resort to its conflict of law provisions.
REIN Addendum attached
(applicable to REIN Listings).