GetMoreOffers® Florida Flat Fee Multiple Listing Service (MLS) Agreement to List and Maintain Real Properties
For Sale By Owner with NFT Self Rep MLS Exclusive Agency Listing Agreement
This is a sample listing agreement. Any commissions, bonuses, dates, etc that are shown will be changed based on data input by the seller during the sign-up process.
1) Purpose:
This is an Exclusive Agency listing agreement whereby SELLER is paying GetMoreOffers® (BROKER) a flat fee of $99 and $149 at close to provide an MLS listing service consisting of limited representation(SELLER is self-represented in all showings and negotiations).
SELLER acknowledges that BROKER will place said property into the selected MLS under an Exclusive Agency listing which means that SELLER can only list said property with one broker.
As well, Exclusive Agency allows the SELLER to sell the property directly to a buyer.
2) Legal Capacity and Right:
This AGREEMENT is to be entered into by person(s) of legal capacity to convey real property and have the appropriate legal right to convey such property listed in the AGREEMENT.
3) Parties to the Agreement:
This AGREEMENT is entered into between the SELLER of real property located at and GetMoreOffers®.
4) Services Provided by BROKER:
This AGREEMENT is entered into with the understanding that subject property is to be listed in the MLS for a flat fee which includes the following:
A) Leads:
All leads received from any source will be managed and recorded in SELLER's account by the following protocol:
i) Informing caller of SELLER's contact phone numbers
ii) Following the showing instructions as provided by SELLER
iii) All leads will be documented in SELLER account under “Buyer Leads” section, located within MY ACCOUNT.
B) Listing Changes:
i) SELLER is limited to 3 price changes per 30 day period (at no additional charge), in an effort to comply with local MLS board rules that track and limit excessive price changes as a means of triggering MLS “hot sheet” reports.
Changes must be made in the following increments(based on current listing price):
a) Less than $100,000, minimum price change: $500
b) $100,000 to $250,000, minimum price change: $1,000
c) Above $250,000, minimum price change: $2,500
ii) Any changes to listing, other than price and commission, will be limited to one round of changes* per 30 day period at no additional cost to SELLER.
iii) Any additional requests for changes beyond the one free round of changes per 30 day period (Item above), will be charged to SELLER at $20 per round of changes.
* SELLER can make as many changes as necessary at no charge (one time per 30 day period) BUT must complete all change requests at the same time.
5) Term of Agreement and Right to Cancel:
The term of this AGREEMENT will begin on the 21st day of November , 2024 , (or date of MLS Listing Entry) and terminate at 11:59 p.m. the 21st day of May , 2025 (or 6 months from listing start date).
If the property is not sold before the listing expires, SELLER may opt to extend the listing for an extra 6 months for a discount of 20% off of your original service price.
If listing agreement with BROKER expires while subject property's listing status is contract pending, then BROKER agrees to extend listing period for a period of 60 days.
This extension includes an administrative fee of $25, to be paid at each 60 day extension period, as well as all current terms and conditions until such time as the property closes or the termination of such contract.
This agreement can be cancelled by SELLER anytime* by providing written notice to BROKER.
BROKER will terminate MLS listing within 24 hours.
To Request termination:
A) Using your user name and password go to My Account, then Listing Status, and click on the link for Withdraw/Off-Market. Use the provided form;
B) or, fax your request to 866-420-8957;
C) or, write us @ GetMoreOffers®, 801 49th St N, St Petersburg, FL 33710.
* SELLER cannot cancel AGREEMENT if there has been an executed contract, which is pending closing.
SELLER(s), please initial here: ; ; ; .
6) This Agreement is Governed by:
A) All State and Federal Laws regarding housing including but not limited to: Civil Rights Act of 1856 and 1968 (Fair Housing ACT), Equal Housing Laws and in particular to the equal and unbiased showing of property regardless of race, color, religion, sex, handicap, familial status or national origin.
B) All rules and regulations of the Multiple Listing Service (MLS).
C) The terms and conditions of the ADDvantage® Real Estate Network found at http://www.getmoreoffers.com/terms.asp
7) Price:
This Property is being listed for sale for: $.
This price was solely determined by the SELLER.
8) Personal Property:
Included in the sale of this real property are items of improvements, fixtures, appliances, and attached items listed here:
, ,
, , ,
, , .
9) Broker Obligations, Authority, and Compensation:
A) SELLER authorizes BROKER to list property in the MLS, GetMoreOffers® Real Estate Network's proprietary websites, Realtor.com, real estate publications, and other real estate websites for the purpose of procuring SELLER a buyer, and to provide sales information including selling price to the MLS upon sale of the Property.
B) BROKER will advertise price, terms of sales, property description, and pictures as provided by SELLER or through an unbranded virtual tour purchased by SELLER.
C) SELLER's ONLY compensation to BROKER for this service is a flat fee of $99 and $149 at close.
D) BROKER carries Errors and Omissions Insurance.
E) Once a property is listed in the MLS, there are no refunds or partial refunds.
SELLER(s), please initial here: ; ; ; .
10) SELLER'S Rights, Obligations, and Risks:
A) SELLER is the contact person, in the MLS, responsible for all showings, appointment settings, and incoming phone calls from interested real estate agents, brokers, general public and others (unless SELLER has elected to use Agent Assure). SELLER should make all reasonable efforts to make available the property to be shown at reasonable times and agrees to be reasonably available to respond to agents and prospects in a timely manner, including maintaining an operational contact phone number, provided to BROKER. If BROKER deems that SELLER is unresponsive to agents' requests for showings and/or cannot be reached by phone for more than 3 consecutive days, BROKER has authority to temporarily withdraw the listing from MLS until SELLER responds and confirms availability at which time Broker will re-activate listing for no charge, provided it is within the original listing period.
B) If SELLER elects to use a lock box (Supra or standard combination), SELLER accepts responsibility for items stolen from property. Risk of theft is greater if SELLER chooses to place a lock box on property. Lock boxes are available to be purchased from BROKER at checkout. (http://www.getmoreoffers.com/accessories.asp)
C) SELLER acknowledges and accepts all risks one might encounter while showing Property to prospects and agrees to hold BROKER and GetMoreOffers Real Estate Network harmless of any liability resulting from showing the property.
D) SELLER shall not advertise Property for a price lower than stated in the MLS. This does not prohibit a SELLER from negotiating a lower price and does not prohibit SELLER from verbally speaking of a lower price than advertised in the MLS when speaking to prospect. This MLS rule only pertains to printed advertisements.
E)
SELLER agrees to
i) Report all listing status changes or closing information and copy of executed contract to BROKER within 24 hours of a change of status (contract pending; contract pending/accepting backups; sold/closed/rented; withdrawn/off market) by logging into your account and clicking on “change status” and completely filling out the required information pertaining to the transaction. This information is kept 100% confidential and is only accessible by SELLER and our staff for purposes of reporting required info to the MLS. MLS rules prohibit falsely reporting a withdraw/or cancellation of a listing when the property is actually under contract.
Due to the strict nature of the MLS reporting requirements, the listing BROKER is held responsible for promptly reporting (within 24 hours; INCLUDING weekends/holidays) all MLS listing status changes and closing information. These mandatory MLS requirements ensure the accuracy of the MLS. Non-compliant Brokers are subject to fines up to $500 and/or possible MLS membership suspension.
ii) Once SELLER changes status to contract pending or contract pending accepting backups, (offer received and accepted), SELLER will receive an email from BROKER with subject line "Commission Disbursement Form" (CDF) which serves as BROKER's confirmation of the commission agreed to between BROKER, SELLER, and Realtor/Agent. If sold "privately" without an agent, then SELLER must return CDF indicating such;
iii) The final step to properly completing a transaction with GetMoreOffers is to provide BROKER with the "Preliminary HUD/ALTA" closing statement at least 24 hours prior to closing. This HUD statement MUST contain all fees and commission due per listing agreement as confirmed in CDF. Should there be a discrepancy in the HUD and the CDF, then SELLER agrees to have Title Company/closer change HUD to properly reflect fees per CDF and Listing Agreement prior to closing and send the corrected HUD to BROKER. Upon closing, SELLER agrees to provide a copy of the Final HUD to BROKER.
Therefore, BROKER requires strict compliance by our SELLERS with reporting listing status changes, sending Preliminary HUD/ALTA closing statement to BROKER prior to closing, verification that all commission and fees per Listing Agreement are correctly stated on Preliminary and Final HUD.
Failure to report required sales data information to BROKER accurately (including: sales price, contract date, estimated closing date, seller concessions [buyer closing costs, furniture, gifts], buyer name, buyer's agent contact info [name, phone, email], title company info [company name, phone, name and email address of closing agent]) within 24 hours, will be considered a breach of this listing agreement. BROKER reserves the right to charge SELLER a penalty fee of $299 to the credit card on account for noncompliance of this section.
You may view a set of typical MLS rules and policies at https://www.getmoreoffers.com/article/typical-mls-rules-and-policies.asp SELLER(s), please initial here: ; ; ; .
F) To report status changes: go to your Client Control Panel on GetMoreOffers®'s website (www.getmoreoffers.com/userhome.asp and choose status change) and check appropriate box. Our system will ask you for details necessary to make the change in the MLS. A confirmation of your change will be emailed to you immediately.
G) Types of status changes: active, contract received, contract received/accepting backups, temporarily withdrawn, withdrawn off-market, sold/closed, rented. For more information on these statuses, please see our website.
H)
SELLER should provide buyer with all notices required by state and federal laws including but not limited to:
i) SELLER'S DISCLOSURE STATEMENT. This disclosure allows the SELLER an opportunity to bring forward any material defects and other information to the attention of the buyer. (Optional)
ii) Rules and Regulations part of the deed restrictions (if applicable).
iii) Radon Gas Warning. (Optional)
iv) Pre-1978 Lead based Paint Disclosure Notice (required by federal law)
a) In order to stay in compliance with this federal regulation and to protect our clients, it is required for all clients who list homes built in 1978 or before to have filled out the Lead Paint Disclosure form, located in your client control panel. This is a simple form that you can print out and sign. Once complete, simply upload signed document to your account. Any client with a house that was built pre-1978, who does not have this form on file, will not be able to execute a contract with a tenant or buyer until this form is disclosed properly. **Failure to sign this form within 5 days of listing will result in a fine of $250 charged to your credit card on your account.
** Note: These forms and others can found at http://www.getmoreoffers.com/forms.asp.
I)
SELLER holds GetMoreOffers®, GetMoreOffers Real Estate Network, its agents, brokers, affiliates, heirs, employees, owners, assignees and shareholders not accountable and indemnifies the same from loss, damages, costs, fees, or attorney fees from any person, companies, or other entities that BROKER incurs because of:
ii) The existence of undisclosed material facts about the property or,
iii) If a court or MLS Board arbitration decision states that a broker was not compensated correctly, it is the obligation of the SELLER to pay all fines, fees, or commissions associated with the decision.
SELLER(s), please initial here: ; ; ;
J) If SELLER's property goes under contract, this agreement remains in full effect through and until property is closed and title is transferred. Additionally, should any information given by SELLER to BROKER as evidenced in this listing agreement be untrue or false, SELLER agrees that such false reporting or errors made by SELLER are a breach of this Listing Agreement and any and all portions of this are enforceable.
K) BROKER will send email verification immediately upon SELLER's property being inputted into the MLS. This notification allows the SELLER to verify and edit any factual data errors or typos. If so, SELLER may respond to email verification within 72 hours of receipt, notifying BROKER of such errors. Errors will be corrected within 24 hours. If SELLER fails to respond to email verification, BROKER will deem SELLER's listing as accurate.
11) Use of Listing Content; Intellectual Property License: Unless SELLER delivers to BROKER a written certification, in a form acceptable to BROKER, that SELLER does not desire the Listing Content to be disseminated by a multiple listing service, SELLER acknowledges and agrees that all photographs, images, graphics, video recordings, virtual tours, drawings, written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to the Property provided by SELLER to BROKER or BROKER’s agent (the “SELLER Listing Content”), or otherwise obtained or produced by BROKER in connection with this Agreement (the “BROKER Listing Content”), and any changes to the SELLER Listing Content or the BROKER Listing Content, may be filed with one or more multiple listing services, included in compilations of listings, and otherwise distributed, publicly displayed and reproduced. SELLER hereby grants to BROKER a non-exclusive, irrevocable, worldwide, royalty free license to use, sublicense through multiple tiers, publish, display, and reproduce the SELLER Listing Content, to prepare derivative works of the SELLER Listing Content, and to distribute the SELLER Listing Content or any derivative works thereof. This non-exclusive license shall survive the termination of this Agreement for any reason whatever. SELLER represents and warrants to BROKER that the SELLER Listing Content, and the license granted to BROKER for the SELLER Listing Content, do not violate or infringe upon the rights, including any copyright rights, or any person or entity. SELLER acknowledges and agrees that as between SELLER and BROKER, all BROKER Listing Content is owned exclusively by BROKER, and SELLER has no right, title or interest in or to any BROKER Listing Content.
Unauthorized use of any photography or other media owned by another party, with or without an identifiable watermark, or otherwise known (or unknown) to belong to another party (such as a prior listing agent, photographer, videographer, or from a website) may result in a copyright infringement lawsuit (Copyright Act, 17 U.S.C 501) against the BROKER. Should SELLER or SELLER'S representative provide photos to BROKER for advertising the property named in this AGREEMENT that are not owned by the SELLER, this may cause an action or lawsuit that could result in a significant monetary claim against BROKER. Should legal action be taken against BROKER that results in a court awarding damages to the Plaintiff/owner of copyrighted materials (or settlement is paid to Plaintiff by BROKER's liability insurance), SELLER agrees to take full responsibility for damages and legal fees and/or repayment of liability insurance deductible plus related damages incurred by BROKER a result of copyright infringement claim.
Multiple Listing Services adhere to strict copyright policies and therefore BROKER can face immediate fines as a result of copyright infringement. Any photography that is downloaded from another site or content (i.e., “property description”) that is copied from another listing is potentially a copyright infringement. If your property has been listed by another agent before being listed with us, the photography and content is the property of that agent. It is your responsibility to have written permission to use previously listed photography or content before it is uploaded into our system. Should BROKER incur a fine as a result of copyright infringement by use of the content or photography uploaded by the SELLER, the fine will be assessed to SELLER. Any content or media that is found to be in violation will be immediately removed from all websites and MLS systems where the information is displayed. If MLS assesses fine to BROKER, SELLER will be notified of the infringement and the fine notice and will be responsible for updating photography or content before it can be posted online. Note that copying a property description (entirely or in part) from other unrelated property address is still subject to copyright infringement fines.
SELLER(s), please initial here: ; ; ; .
12) Title Insurance:
SELLER is opting to use BROKER's affiliated title company, New Frontier Title, LLC, for closing and the issuance of the title policy, and as a result is receiving a discount on the BROKER’s up-front listing fee. If SELLER later opts to close with a title company other than New Frontier Title, SELLER agrees to pay BROKER (at time of closing) additional commission of $200 from their closing proceeds.
A) In Florida, SELLER customarily controls and pays for title policy (promulgated by the State of Florida $5.75/$1000 of sales prices) and also by protocol SELLER pays for State of Florida documentary stamps on deed ($0.70/$100 of sales price) except in Collier, Broward, Sarasota, and Miami-Dade Counties, where the buyer may be responsible for title policy.
B) Before closing, SELLER is usually required to provide evidence of clear title to the new buyer and lender. A title search and the resulting title insurance assures buyers and lenders that there are no liens on the property and identifies the balances, if any, of existing mortgages. To ensure escrow funds are held by New Frontier Title, have the buyer's agent on page 1 of the Purchase and Sales Agreement (contract) enter (required field on the contract) New Frontier Title, LLC, 801 49th St N, St. Petersburg, FL 33710 phone: 877-544-6447 fax: 888-652-6326 email: orders@newfrontiertitle.com . New Frontier Title, LLC is bonded & insured; underwriter is Old Republic Title Insurance Company and Alliant National Title Insurance Company.
13) Miscellaneous:
GetMoreOffers® recommends that SELLERS seek the advice of a Real Estate Attorney before negotiating or signing a real estate purchase and sale agreement or a lease agreement and recommends that SELLERS seek similar advice before closing any real estate transaction. Paragraphs titled "COMPENSATION", "DISPUTE RESOLUTION", "GOVERNING LAW, VENUE, AND WAIVER OF JURY TRIAL", "SEVERABILITY", and NOTICES shall survive the termination or expiration of this Agreement.
14) Defamation:
Should it be found that a member posts comments on the Internet about BROKER or ADDvantage Real Estate Network, LLC/GetMoreOffers.com or any of its employees, associates, partners, or affiliates (“Company”) via social media or other at any time during or subsequent to Agreement period that are defamatory; misleading, untruthful, half-truths, or false statements regarding their experience with Company, SELLER agrees to be bound by the process of arbitration (FS Chapter 682 “arbitration” and American Arbitration Association guidelines and practices). Should SELLER be found liable for defamation through the process of arbitration, BROKER will be automatically awarded $5,000 from SELLER/former SELLER as liquidated damages and SELLER will be required to remove post(s) or be fined $500 per day until removed.
15) Governing Law, Venue, and Waiver of Jury Trial:
This agreement will be construed under Florida law.
In the event of litigation or arbitration involving BROKER in any way arising out of or relating to this Agreement, the Property, or relationship created hereunder, venue shall be exclusively in Pinellas County, Florida.
BROKER and SELLER hereby knowingly and voluntarily waives any right to trial by jury in any litigation.
16) Severability:
In the event that one or more provisions in this Agreement are deemed invalid, the remaining provisions will remain in full force and affect.
17) SELLER Notification Information:
Primary Contact Number
(***-***-****)
Home Telephone:
Work Phone:
Mobile Telephone:
Facsimile:
Email:
Alternate Email:
Mailing Address:
18) Notices:
Any notice, request, demand, consent, or other communication required to be given pursuant to this AGREEMENT shall be in writing to the address set forth below:
GetMoreOffers®
801 49th St N St Petersburg, FL 33710
19) SELLER Acceptance of Agreement:
All persons or entities authorized to sell this property and/or have ownership interest must sign this agreement and including those persons duly authorized to act as representatives for the SELLER and such persons having certified that they are legally authorized to enter into this agreement.
If you do not fully understand this contract, consult an attorney before you sign it.
By signing below, SELLER understands and agrees to all of the terms and conditions of this Agreement and acknowledges receipt of a copy within 24 hours of acceptance by BROKER.
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Compensation Disclosure Statement
As a result of the National Association of REALTORS® proposed settlement agreement and related practice changes, the following disclosure is required in all listing agreements:
Notice to Seller: A seller agent’s compensation is fully negotiable and is not set by law.
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Affiliated Business Arrangement Disclosure Notice
This is to give you notice that the owners of GetMoreOffers® and the website GetMoreOffers.com, has a business relationship with New Frontier Title, LLC in that one or more of the owners of GetMoreOffers® and GetMoreOffers.com have an ownership interest in. This notice is given to disclose this relationship as this referral may provide GetMoreOffers® and GetMoreOffers.com or its owners a financial benefit via returns on ownership interest.
While we recommend New Frontier Title, LLC as they may provide a superior service, value and convenience, you are NOT required to use the listed provider as a condition for listing your property with GetMoreOffers® or the website GetMoreOffers.com.
There are frequently other settlement service providers available with similar services. You are free to shop around to determine that you are receiving the best services and the best rate for these services.
ACKNOWLEDGMENT: I/we have read this disclosure form, and understand that GetMoreOffers® is referring me/us to purchase the above-described settlement service(s) and may receive a financial benefit as the result of this referral.
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Transaction Broker Notice
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS A TRANSACTION BROKER DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
As a Transaction Broker, GetMoreOffers® and its associates owe to you the following duties:
A) Dealing honestly and fairly;
B) Accounting for all funds;
C) Using skill, care, and diligence in the transaction;
D) Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
E) Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
F) Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the SELLER will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a SELLER or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
G) Any additional duties that are entered into by this or by separate written agreement. Limited representation means that a buyer or SELLER is not responsible for the act of this licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the SELLER, but a licensee will not work to represent one party to the detriment of the other party when acting as a Transaction Broker to both parties.