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In Addition For REIN MLS Listings Only: The attached
Required Form from the REIN MLS is made inclusive to this agreement.
Required by the REIN MLS.
REAL ESTATE INFORMATION NETWORK, INC.
ADDENDUM TO NON-REIN EXCLUSIVE MARKETING OR LISTING AGREEMENT (NRLA)
It is understood and agreed between the partied to the Agreement
that the following terms and conditions shall be incorporated into
the Agreement and shall become a part thereof and incorporated
therein:
A. Listing Data & Photos: Seller, Listing Agent and Listing Firm
hereby transfer and assign to REIN all rights of ownership and
copyright to all information, including photographs and sketches,
submitted to REIN regarding the Property. Seller, Listing Agent and
Listing Firm represent and warrant that they are the owners of such
information and agree to indemnify and hold REIN harmless for any
claim brought against REIN arising out of REIN’s use of such
information. Seller, Listing Agent and Listing Firm waive any claims
that REIN’s use of information is unlawful because REIN did not
properly obtain rights to use such information. Seller authorizes
Listing Agent and Listing Firm to submit information concerning the
Property to REIN or any other entity. Seller, Listing Agent and
Listing Firm hereby acknowledge, agree and authorize that
information regarding the Property, including offers of cooperation
and compensation to Selling Firm shall be made available to all REIN
Members, for their authorized use, including distribution in any
form to REIN Members’ customers and clients. The REIN Property Data
Input Form and Feature Sheet are attached to and shall become part
of this Agreement.
B. Advertising: Seller authorizes Listing Firm to advertise the sale
of the Property with any and all advertising and marketing media,
including the Internet, solely at the discretion of Listing Firm.
Unless otherwise agreed to in writing. Listing Firm shall have no
duty to continue to market the Property subsequent to Seller
entering into a purchase agreement. Seller acknowledges that while
Seller has an exclusive listing with a REIN member firm, Seller’s
failure to comply with above will result in the listing being
removed from the REIN system. Unless otherwise noted below, Seller,
Listing Agent and Listing Firm acknowledge that information
regarding the Property, including the address for mapping purposes,
may be made available to the general public via the Internet,
through REIN Members’ websites or other means.
C. Cooperation: Seller agrees that all REIN members and licensed
real estate brokers or their agents may show the Property and that
Seller shall offer cooperation whether the buyers is assisted by a
buyer broker agent or other licensee acting on behalf of the buyer
(collectively the “selling Firm”). Seller agrees to make the
Property available for showing at all reasonable hours and to refer
to Listing Firm all inquiries relative to the purchase of the
Property. The parties shall comply with all local, state and federal
laws, rules and regulations in connection with the listing and sale
of the Property, including but not limited to, the U.S. Fair Housing
Act. Seller expressly agrees that as consideration for the agreement
REIN to enter the information concerning the Property in its
database, REIN and its members shall be entitled to rely on
statements and authorizations made by Seller in this NRLA and shall
be third party beneficiaries of this NRLA.
D. REPRESENTATIONS, WARRANTIES AND AGREEMENTS:
1. Warranty & Indemnification: Seller represents and warrants the
accuracy of all representations made by Seller to Listing Firm in
regard to the Property (including, without limitation, all previous
representations and any representation made subsequent to the date
hereof and all representations made in the listing Data Input Form
made in conjunction with this NRLA and the Agreement), and Seller
agrees to indemnify and hold Listing Firm harmless against any and
all damage, liability or expense of any kind whatsoever arising from
the inaccuracy of or Listing Firm’s reliance upon such
representations.
2. Brokerage Fee: The commission rate and/or fees for the sale,
lease or management of real estate is negotiable between each REIN
broker and its client, REIN is not involved, in any way, in in the
negotiation of such brokerage fees. Seller shall pay the brokerage
fee as stated in the Agreement. Seller further acknowledges that the
Brokerage Fee shall also be paid by Seller to Listing Firm in the
event Seller sells, exchanges or otherwise transfers the Property
within ninety (90) days after expiration or termination of the
Listing Period to a person (s) to whom the Property has been shown
or negotiated with as a prospective buyer by Listing Firm or other
REIN participant. In the event an exclusive listing agreement is
entered into by Seller with another licensed real estate firm upon
expiration or termination of this NRLA and the Agreement, then the
previous sentence shall be null and void.
3. General Warranty Deed/Seller Representations:
Except as provided below,
(i) Seller covenants to convey the Property to the prospective buyer
(s) by General Warranty Deed free of all encumbrances, tenancies,
and liens for taxes or other matters of any type (except for taxes
which are not yet due and payable which will be prorated as of
closing), subject however, to any restrictive covenants and
easements of record as of the date of this NRLA and the Agreement.
(ii) Seller represents that Seller has the right to transfer the
Property without obtaining the consent or approval of any other
party, including a bankruptcy court or court having jurisdiction
with respect to the distribution of marital property, and
(iii) Seller represents that Seller has or will have sufficient cash
or other liquid funds to make any payments required in order to pay
all brokerage fees due and transfer the Property without any liens
attaching to the Property.
If at anytime during the term of this NRLA and the Agreement, the
transfer of the Property requires obtaining consent or approval of
any other party, including without limitations, judgment creditors,
lien holders, other lenders or any court, including a bankruptcy
court or court having jurisdiction with respect to the distribution
of marital property, Seller authorizes Listing Agent (a) to disclose
such requirement tin the REIN system and (b) to contact Seller’s
lender or VA (if applicable) to facilitate sale pursuant to the
purchase agreement. Further, if Seller becomes aware of
circumstances which make the representations in either (ii) or (iii)
above untrue subsequent to signing this NRLA and the Agreement,
Seller shall promptly notify Listing Agent of such change in
circumstances and Seller authorizes Listing Agent to make the
disclosures and contacts as described in the previous sentence shall
not excuse Seller’s breach of the representations set forth in this
Agreement or paragraph 6. C of the REIN Purchase Agreement or
constitute a defense that Seller has not breached the
representations set forth in this NRLA and the Agreement or
paragraph 6. C. of the REIN Purchase Agreement.
E. Signage: Only “For Sale” signs of Listing Firm may be placed on a
property listed in REIN. Seller authorizes Listing Firm to place
“for Sale” signs on the Property and remove all other signs. Seller
acknowledges that while they have an exclusive listing with a REIN
member firm, Seller is restricted from placing their own “for Sale”
signs on the Property during the term of the listing. Seller’s
failure to comply with the above will result in the listing being
removed from the REIN system.
F. OFFER TO PURCHASE: If an acceptable offer to purchase is made in
accordance with the provisions of this NRLA and the Agreement,
Seller shall execute the REIN Standard Purchase Agreement, or any
other purchase agreement if mutually agreeable to all parties, and
be bound by the terms and conditions thereof. Seller does not
authorize Listing Firm to divulge to other agents, if asked, the
existence of other offers. In the event Seller is presented with
multiple offers in accordance with the provisions of this NRLA and
the Agreement, Seller shall the option to accept any one (1) of
these offers without liability for failing to accept any of the
other offers. Seller understands that the terms of the Standard
Purchase Agreement obligates Seller to pay a negotiated amount for
repairs required by an appraisal, the wood destroying insect
infestation and moisture inspection report, a well/septic system
report and walk through inspection. Seller shall pay (I) all
expenses of deed preparation, the grantor’s tax on the deed and all
expenses, if any, for removal of title defects and (ii) any Seller
contributions as agreed to in a purchase agreement including those
fees charged by lender for the specified financing which, by law, a
buyer is not permitted to pay.
G. DEFAULT: Should Seller refuse to execute such purchase agreement,
default in the performance of such purchase agreement, default under
the terms and conditions of this NRLA and the Agreement or
intentionally interfere with Listing Firm and/or Selling firm
selling the Property, Seller shall be liable to Listing Firm and
Selling Firm for the brokerage fee or commission, as defined or
described in the Agreement, as if the sale of the Property had been
consummated, and for any expenses, including reasonable attorney’s
fees, incurred by Listing Firm and/or Selling Firm in connection
with this NRLA and the Agreement, the sale of the Property, or with
the enforcement hereof.
H. LOCKBOX: Seller does authorize Listing Firm to use the REIN SUPRA
Keybox or other REIN authorized Keybox (“Keybox”) for the marketing
of the Property. Seller acknowledges that the Keybox is not designed
or intended as a security service. Seller agrees the SUPRA, REIN,
Listing Firm, any member firm of REIN or other authorized agents
shall not be liable for the unauthorized use of the Keybox and/or
unauthorized entry to the Property. Seller agrees that Seller will
not hold REIN or any of the member firms responsible or liable for
damage or theft to the Property or Seller’s personal property
located on the Property during the term of this NRLA and the
Agreement. This paragraph only applies if a Supra Keybox is ordered.
I. CONFLICTS: In the event of any conflict between any terms or
provisions in this NRLA and the Agreement, the terms and provisions
of this NRLA shall control.
J. NO SELLER-BENEFICIARY: REIN’s Rules and Regulations are intended
solely for the benefit of REIN and its broker-members and not for
the benefit of Sellers. Sellers shall not have the right to enforce
any of REIN’s Rules and Regulations against REIN.
THIS PROPERTY IS OFFERED FOR SALE WITHOUT RESPECT TO RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS, ELDERLINESS OR NATIONAL
ORIGIN.
09/28/2010
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