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RESIDENTIAL REAL ESTATE LISTING AGREEMENT™

1.             PARTIES:  The parties to this agreement and the parties’ contact information are as follows:

2.             PROPERTY:

A.      “Property” means the following real property in Texas:

3.             LISTING PRICE:  Seller instructs Broker to list the property in the Multiple Listing Service (MLS) serving the                              area at the following gross price:   $__________________ (Listing Price). Seller may NOT advertise a different price than is listed in MLS.

4.             APPOINTMENT:  Owner hereby appoints Broker as Owner’s Exclusive Listing Agent to list for sale the Property described herein for the LIST PRICE in the Realtors MLS (MLS). 

5.             BROKER’S OBLIGATIONS:  Broker's Services Provided and Obligations are EXPRESSLY LIMITED hereby to:

6.             OWNER’S OBLIGATIONS:  Owner shall be responsible for all other functions related to the sale and marketing of the Property, including but not limited to:

7.             BROKER’S SCOPE OF SERVICES:  Broker may, but shall not be required to, market the Property and attempt to find a buyer in order to earn a sales commission provided for herein in addition to the Listing Fee provided for herein.  In addition, Broker may offer to cooperate with other brokers who act as BUYERS AGENTS only. BROKER shall represent OWNER exclusively but if required, BROKER may act as an intermediary. Please read the Texas Real Estate Commission for “Information About Brokers Services” for the definition of “intermediary”.

8.             ADDITIONAL PROVISIONS:

A.      Owner understands and agrees that if Owner desires to obtain any additional services from Broker that Owner will be required to enter into a separate or replacement agreement with Broker which will require additional consideration. This listing agreement provides only the services listed in paragraph 3.  If Owner desires to receive additional services from Broker during the term hereof, Broker shall give Owner the option to enter into a new listing service agreement with Broker at Broker's then available terms and conditions for such additional services and Owner shall receive full credit for the Brokers Listing Fee paid herein towards the Broker fee due under any such new listing service agreement to the extent that the services provided herein are also provided under such new listing service agreement.

B.     If a dispute should arise between BROKER and OWNER which can not be settled to both sides satisfaction, then both parties agree to mediation and then, if necessary, binding arbitration to settle the dispute.  A mediator or arbitrator will be chosen by the Better Business Bureau and costs will be shared equally by both parties.

9.             TERM:  This agreement commences on _______________________________ and shall terminate six (6) months thereafter or upon sale and closing of the Property, whichever is earlier.

10.        BROKER’S FEES: The "Broker's Listing Fee" for the Listing Services specified herein is $495 in advance.  Said Listing Fee is deemed fully earned upon submitting Owner's Property to the MLS. Broker  may terminate this Agreement upon fifteen (15) days written notice to Owner and in such event shall refund Broker's Listing Fee in Full to Owner; otherwise,  said Broker's Listing Fee is non-refundable.  Owner may terminate this Agreement upon five (5) days written notice to Broker as Owner May Desire, except in the event that an agreement for the sale of the Property has been executed with a buyer whose attention was called to the Property by either Broker or a BUYERS AGENT in which case Owner May Not terminate this agreement.   Broker will process up to two listing "information change" or modifications for free during the term hereof, any additional changes will require a $5.00 change fee to accompany each additional change request (marking the listing as contract pending, sold, or withdrawn shall not be considered as an "information change").  All change request shall be delivered to Broker in writing.  Seller will receive the use of a lockbox for the term of this listing.  Seller will protect, defend, indemnify and hold Broker, Broker’s associates, other brokers and their associates, and any keybox provider harmless from any damages or claims arising from authorizing access to the Property or the use of a keybox including, but not limited to, damages to or loss of real or personal property or personal property or personal injury not caused by Broker’s negligence. Seller assumes all risk of any loss, damage, and injury. Broker advises Seller to obtain personal property insurance.

11.         BUYERS AGENT FEES: 

If Owner sells the Property to a buyer whose attention was NOT called to the Property by any broker there is no additional fee or commission due hereunder. 

IT THE EXPRESS INTENTION OF THIS AGREEMENT THAT ANY BUYER’S AGENT WHO IS RESPONSIBLE FOR BRINGING A WILLING AND ABLE BUYER TO THE PROPERTY OWNER, AND WHOSE OFFER IS ACCEPTED BY SAID OWNER, IS THEREBY ENTITLED TO THE SALES COMMISSION DUE UNDER THIS CONTRACT.

If Owner enters into an agreement for the sale of the Property with a buyer whose attention was called to the Property by either Broker or another broker (another broker being herein referred to as "BUYERS AGENT") during the term of this listing, Owner shall pay a sales commission of three percent (3%) of the sales price to Broker or the BUYERS AGENT as the case may be in cash at closing in the county where the Property is located. This sales commission is in addition to the "Broker's Listing Fee". Owner understands that sales commission rates are negotiable.

Commission is deemed payable (at successful closing and funding) when any one or more of the following actions are performed by the BUYERS AGENT:

1.      The BUYERS AGENT submits an offer in writing to the owner;

2.      The BUYERS AGENT is the first to show the property to the buyer; or

3.      The BUYERS AGENT sets a showing appointment for the buyers and sends the buyer to the property, but does not necessarily accompany the buyer.

FURTHERMORE, THE EXISTENCE OF A WRITTEN BUYER’S REPRESENTATION AGREEMENT BETWEEN THE BUYER AND A BUYER’S AGENT THAT IS IN EFFECT ON OR PRIOR TO THE DATE THE PROPERTY IS VIEWED BY THE BUYER SHALL CREATE THE PRESUMPTION THAT THE BUYER IS REPRESENTED BY A BUYER’S AGENT AND THAT A SALES COMMISSION IS DUE AND PAYABLE TO THE BUYER’S AGENT ACCORDING TO THE TERMS OF THIS AGREEMENT.

12.         BROKER’S REPRESENTATIONS: 

A.      Broker is not a professional inspector and shall not inspect the Property nor make any representations as to its condition or marketability.  Broker shall rely on information furnished by Owner when offering the Property through the MLS.

13.         OWNER’S REPRESENTATIONS: 

A.      Owner represents and warrants that all information provided on the MLS Data Input sheet provided in connection herewith and all other information provided to Broker is true and correct to the best of Owner’s knowledge and belief. Owner shall protect and hold harmless Broker, or any other broker, from any damages, costs, attorney fees or expenses whatsoever relative to the acts of third parties or loss or damage to the Property, including any damage or loss resulting from the use of a lock-box.

B.     Owner represents that Owner has fee simple title to the Property, peaceable possession of the Property and is not a party to another listing agreement with another broker for the sale of the Property. Information regarding the square footage of land and buildings of the Property and property tax information shall be retrieved from county tax records or MLS information only and entered into MLS listing.

14.         LIMITATION OF LIABILITY: 

A.     Owner hereby indemnifies Broker for all cost, expense, Attorney fees and loss to Broker in the event that Owner fails to timely comply with the aforementioned obligations of Owner to provide sale contract and terms of closing to Broker.

15.         ADDITIONAL NOTICES: 

A.     Owner  understands and agrees that this agreement will not be a binding contract until Broker accepts it by signing below. Broker reserves the right to refuse to accept any listing contract submitted in Broker's sole discretion by returning the contract and the Owners check or crediting Owners credit card within 48 hours of receipt of the signed agreement by Broker. 

B.     Owner acknowledges receipt of the TREC Information about Brokers Services Form prior to signing this agreement.

C.     If the Property was built before 1978, federal law requires that before a buyer is obligated under a contract to buy the Property, the Seller shall:

(1)   provide the buyer with a lead hazard information pamphlet (as prescribed by EPA);

(2)   disclose the presence of any known lead base paint or hazards (including providing
the buyer with any lead hazard evaluation report available to Seller);

(3)   permit the buyer to conduct a risk assessment or inspection for the presence of lead base
paint hazards. A contract for the sale of Property built before 1978 must contain a statutorily prescribed Lead Warning Statement to the buyer.

D.    Fair housing laws require the Property to be shown and made for sale to all persons without regard to race, color, religion, national origin, sex, disability or familial status.  Local ordinances may provide for additional protected classes (for example, creed, status as a student, martial status, sexual orientation or age).

E.       Broker cannot give legal advice.  READ THIS LISTING CAREFULLY.  If you do not understand the effect of this Listing, consult an attorney BEFORE signing.

16.        SPECIAL PROVISIONS:

Copyright 2002-2003. Texas Discount Realty

+ These items are NOT included if you signed up for service through ForSaleByOwner.com, GoneHome.com, MyDiscountRealty.com, AustinHiddenMarket.com or any other service that IS NOT Texas Discount Realty.  These items may be purchased separately from Texas Discount Realty. These services may be purchased from Texas Discount Realty directly. If you signed up through any of these companies, and offer less than a 3% commission to the buyers agent, we will refuse to take this listing.