Listing #__________
Flat Fee Real Estate Listing Agreement
Once your agreement has been received, a listing number will be assigned and added, broker signature and signature date will be added. A copy of all executed/signed documents will then be sent to you for your records.
Listing Package Includes:
Exclusive Right to Sell Listing Broker: Michele Bryan
Listing Company: Bryan Realty of East Tennessee
Address of Listing Company: 2409 Bryan Road, Sevierville, TN 37862
Listing Company Phone Number: (865) 446-4324
Listing Company Email Address: Broker@BryanRealtyTn.com
Terms and Conditions:
From this point forward throughout this agreement the term "Broker" shall mean the same as Bryan Realty of East Tennessee and/or Michele Bryan as Broker. Agents shall mean any representative of Bryan Realty of East Tennessee and "Property" shall mean property listed at the address included as "Property Address" in this agreement. In consideration of Broker's Agreement to submit described property to the local MLS association, online websites and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Seller hereby grants Broker the Exclusive Right to Sell the hereinafter described property in accordance with the terms and conditions as set forth in this agreement. In accordance with state real estate law property cannot be listed/represented by another agency during the listing period described herein.
If the aforementioned listing is not sold prior to prescribed listing expiration date, Seller may opt to extend the listing for an extra 90 calendar days for additional $400 fee or transfer listing into an Exclusive Traditional Real Estate listing with a listing compensation of 2.25% . Seller may opt to have listing set to auto renew one-day prior to expiration date with charge being applied to credit card on file on that date. This extension is manually input by broker. If listing agreement expires while subject property is in Pending status, awaiting closing, Broker shall extend listing agreement free of charge for another 30 day listing period or until such time as property is closed and Broker has been notified by Seller of such closing and received all closing documentation, as required by the Tennessee Real Estate Commission or purchase and sale agreement is terminated with the buyer party.
Cancellation:
This agreement may be cancelled by the Seller at any time during the listing period as described herein and said listing be withdrawn immediately from the MLS unless said listing is in pending status. Services are considered rendered on such date as reviewed and accepted by Broker of Bryan Realty of East Tennessee and listing has been submitted to MLS system. All fees and monies paid to Bryan Realty of East Tennessee for flat fee listing service are neither refundable nor will they be pro-rated upon cancellation at any time, once listing agreement has been reviewed and signed by Broker of Bryan Realty of East Tennessee. Broker will terminate MLS listing within 24 hours of receiving written request by seller to do so unless listing is in pending status. Seller cannot cancel agreement if there has been an executed contract which is pending closing, as this would constitute a breach of contract by the seller toward the buyer.
Automatic Listing Period Extension:
If contract to purchase is signed before this listing agreement expires, the term hereof shall continue until final disposition of Purchase and Sale Agreement and Seller agrees by signing below to an automatic extension of listing period until such date of closing or termination of purchase and sale agreement with buyer party to the agreement.
Agent Compensation
A total listing fee of $400.00 shall be paid to Broker as the exclusive listing broker of said property, prior to listing being advertised in MLS systems, online websites, email solicitation, print media or direct mailings. This is a onetime listing fee to Bryan Realty of East Tennessee and may be renewed by Seller at any time. Seller reserves the right to cancel said listing at any time and understands that no refund will be issued for early listing termination. ----------- Payment shall be in the form of cash, check or credit card. Checks will require a 14 hold period and listing will not be submitted to MLS until said hold period expires. Additional services may be added to listing package by Seller at additional expense, not included with initial listing fee.
Cooperative Compensation to other agents and/or Buyer’s Agents
BROKER COMPENSATION IS NOT SET BY LAW AND COMPENSATION RATES ARE FULLY NEGOTIABLE.
When a property is listed in the MLS it is advertised to all agents who are members of that MLS association. These agents search this same MLS for listings matching their buyer’s criteria. In the event another agent (Buyer's Agent) brings a buyer with an acceptable offer, seller agrees to negotiate and provide compensation to selling agency (Agency to which Buyer's Agent is affiliated). If a representative of Listing Broker brings a buyer, seller shall provide this same negotiated and agreed compensation rate to Bryan Realty of East Tennessee less $400 flat fee payment initially paid upon listing property in MLS.
It is the Seller's sole responsibility to verify the same Buyer Agent Compensation or dollar amount be written into the sales contract to avoid misunderstanding about the compensation being paid to the agency procuring the buyer for property listing described in this agreement.
Broker and/or its affiliates claims no representation of said property and will be held harmless from any compensation discrepancy resulting from Purchase and Sale Agreement between Seller and Buyer's Agent/Agency in present or future transactions.
Responsibilities and Rights of the Parties to this agreement
This agreement is entered into with the understanding that subject property is to be listed in the MLS for one flat fee of $400. Broker is hereby granted the authority to advertise this listing on the Internet in all such advertising portals as deemed suitable by Broker. Broker is additionally permitted to file this listing with any Multiple Listing Service (MLS) or similar service(s) of which Broker is a member.
Seller agrees that by placing the listing on the MLS or similar third-party services/portals, the listing may be included in a searchable database provided by the MLS or similar service which can be viewed on other agents' websites as well as third party websites via online listing MLS syndication feeds. Seller also agrees that the listing may also appear on publicly accessible websites sponsored by and/or affiliated with the MLS, the local association of Realtors, or similar third-party listing services and those who lawfully receive listing information from said entities. Seller shall provide Broker with immediate status updates if property is taken off the market or sold. Broker shall provide timely 24 hr. notice to MLS of status changes.
In the event a Buyer is found for said property during the listing period as set forth in this agreement, on the terms and at the price specified herein, or for a price and upon terms agreeable to Seller, Seller further agrees to convey said property by warranty deed to such Buyer, free from all assessments, liens and encumbrances, but subject to all restrictions of record, if any. Should listing not be warrantable under Warranty Deed terms, it will be the sole discretion of Buyer to proceed with transaction, while including specific acceptance [in either special stipulations section of purchase and sale agreement or with a purchase and sale amendment] of property being accepted “As Is - Without Warranty Deed” or other such verbiage as suggested by closing attorney. The compensation payable for the sale of property is not set in any manner other than between the Broker and Seller. Property is offered without regard to race, color, religion, sex/gender, handicap, familial status or national origin. A request from Seller for Broker to observe discriminatory requirements in the sale of the property will not be granted since such would be a direct violation of federal law.
Broker is authorized to place a real estate sign on property listed at the listing address as listed above. [Sign shall reflect Broker name and phone number along with Seller's phone number for contact purposes.]
Showings:
Showings are the responsibility of Seller unless Buyer is a direct customer of Broker. Broker shall have Seller permission to remove any pre-existing Realtor signs that may be present from previous listing. Seller authorizes Broker to distribute the Property Condition Disclosure, MLS detail sheet or other disclosures to other agents or customers, to exhibit property to any prospective Buyer; and to have interior/exterior photographs or videos taken and distribute marketing material of said property (print and online) as Broker deems appropriate.
Media License:
Seller agrees by signing this agreement that any associated listing media taken/created by Broker, whether digital or print, is the sole property of Broker and may be retained and used for future advertisement purposes by Bryan Realty of East Tennessee or Broker. Seller further agrees this agreement grants Bryan Realty of East Tennessee and Broker a license to retain, use or reproduce any listing media taken by Broker, print or digital, directly associated with the listed property for future advertisement purposes.
Buyer Negotiations:
Any/all contract/offer negotiations will be between Seller and Buyer's Agent or Buyer (if unrepresented). Broker shall not negotiate sales price or terms of purchase and sale agreement on behalf of Seller unless otherwise agreed to and acknowledged in writing. Seller agrees to hold Broker and/or representatives of Broker harmless and indemnify them from any claim, demand, action, liability or proceedings resulting from any omission, alleged omission, or misrepresentation by Seller in said forms and/or for any material fact that is known or should be known by Seller concerning the property that has not been disclosed to Broker or other agents and to provide for defense costs including reasonable attorney's fees for Broker and agents in such event. Seller is not aware of any other defect, environmental factors or adverse facts (as defined in Tenn., Code Ann. 62-13-102) concerning the property listed in this agreement.
Seller will be 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 elects full representation) 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 the authority to temporarily withdraw the listing from the MS until Seller responds and confirms contact availability at which time Broker will re-activate listing for no charge, provided it is within the original listing period as described herein.
If Seller elects to use a lock box, Seller accepts responsibility for any items missing from property following a showing. Risk of theft is greater if Seller chooses to place a lock box on property. Lock boxes are available through Broker for additional fee.
Seller acknowledges and accepts all risks and responsibility associated with any/all showings to prospects by other agents or Seller. Seller further agrees to hold Broker harmless of any/all liability resulting from any/all showings or incidences related to showings, either inside listing structures or on any/all exterior, adjoining property owned by Seller.
Seller can sell said property to a buyer not procured by a licensed agent and will owe no compensation. Therefore, Broker requires strict compliance by our Sellers with reporting listing status changes immediately to Broker and sending Broker a copy of all signed purchase and sale documents including all signed disclosure documents at Pending date (date offer accepted by Seller). Seller agrees to send Broker copies of all closing statements and deed copies following closing along with additional final closing documents that may include purchase and sale amendments, addendum or closing date extension. Seller agrees to direct closing/title company to provide Broker with copies of all closing documents no more than 24 hrs. prior to closing.
NOTE:
Broker is accountable to Tennessee Real Estate Commission and locally affiliated Multiple Listing Association for all active and closed listings bearing Broker's name, regardless of agency representation.
It is Seller's responsibility to report required information to Broker accurately within 24 hours of information being made known to seller (including, but not limited to: agreed sales price, binding contract date, estimated closing date, seller concessions [seller paid buyer closing costs], buyer name, buyer's agent contact information, title company information). Seller intentionally withholding such information from Broker will be considered a breach of this listing agreement. Broker, at their discretion, reserves the right to charge the Seller a penalty fee of $250 to the credit card on file for noncompliance of this section.
Inquiries, Sales Leads and Advertising
All leads received from any advertising source will be managed and recorded in Seller's account by the following protocol:
Broker shall forward all phone calls, emails and texts to seller for follow up. It is the responsibility of the seller to follow up on any listing inquiries in a timely manner. Broker and/or any/all of its representatives will be held harmless for failed lead follow up by seller. Seller contact phone number shall be on all listing advertising media including online and print where applicable and permissible by advertising entity’s policy. Broker's name and contact number are both required on all advertisement as mandated by Tennessee Real Estate Commission.
Seller shall cooperate and coordinate showings with other agents. If a lock box is available, it will be the responsibility of the Seller to issue codes to Buyer’s agents for showings. Broker will not issue lock box codes on behalf of Seller unless otherwise agreed to in writing via text or email instruction.
Hold Harmless and Broker Authority Limitations and Responsibility
Seller agrees to carefully review the listing information on the multiple listing detail sheet for any necessary revisions and send revisions to Broker immediately. Seller agrees to complete and sign a Property Condition Disclosure if listing a residential property, regardless of Seller exempt status. Seller agrees to complete and sign a Lot/Land Property Condition Disclosure upon listing for sale, regardless of Seller exemption status. Seller also agrees to complete the Lead-Based Paint Disclosure and any other additional required disclosures if required by law or Broker and information has not otherwise been disclosed in writing. Seller has not advised Broker and/or Broker's affiliated agents of any defects in the property, or any improvement(s) located thereon, except as noted on the property condition disclosure and signed by seller. Seller is not aware of any other defects or environmental factors which would affect the value of or structural integrity of improvement(s) on the property or the health of future occupants.
Seller holds Broker and/or its affiliates, brokers, agents, heirs, employees, owners, assignees, and shareholders not accountable and indemnifies the same from loss, damages, costs, fees or attorney fees from any person, company or other entities that Broker incurs because of:
This Agreement is Governed By:
Notices: Any notice, request, demand, consent or other communication required to be given pursuant to the agreement shall be in writing to the address set forth below:
Bryan Realty of East Tennessee
C/O Michele Bryan
2409 Bryan Road
Sevierville, TN 37862
Seller Acceptance of Agreement:
Clicking the submit button below shall imply the following:
Click submit button below if you agree to the above terms and conditions as stated herein.
Broker Signature:_____________________________Date______/______/_____
Listing Date:____________________Expiration Date________________
2409 Bryan Road,
(865) 446-4324 Office
info@BryanRealtyTn.com
www.BryanRealtyTn.com