ADDvantage® Real Estate Network
Flat Fee Multiple Listing Service (MLS) Agreement to List and Maintain Real Properties
ADDvantage Flat Fee Listing Agreement
for Rent or Lease of Real Property
1) Purpose:
This is an Exclusive Agency listing agreement whereby LESSOR is paying ADDvantage® Real Estate Network (BROKER) a flat fee of $149 to provide an MLS listing service consisting of limited representation(SELLER is self-represented in all showings and negotiations).
LESSOR acknowledges that BROKER will place said property into the selected MLS under an Exclusive Agency listing which means that LESSOR can only list said Property with one broker.
2) Legal Capacity and Right:
This AGREEMENT is to be entered into by person(s) of legal capacity to rent or lease real property and have the appropriate legal right to rent or lease such property listed in the AGREEMENT.
3) Parties to the Agreement:
This AGREEMENT is entered into between the LESSOR of real property located at and ADDvantage® Real Estate Network (BROKER).
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 LESSOR's account by the following protocol:
i) Informing caller of LESSOR's contact phone numbers
ii) Following the showing instructions as provided by LESSOR
iii) All leads will be documented in LESSOR account under “Buyer Leads” section, located within MY ACCOUNT.
B) Listing Changes:
i) LESSOR 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.
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 LESSOR.
iii) Any additional requests for changes beyond the one free round of changes per 30 day period (Item above), will be charged to LESSOR at $20 per round of changes.
* LESSOR 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 20th day of May , 2012 , (or date of MLS Listing Entry) and terminate at 11:59 p.m. the 20th day of November , 2012 (or 6 months from listing start date).
If the property is not sold before the listing expires, LESSOR 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 LESSOR anytime* by providing written notice to BROKER.
BROKER will terminate MLS listing within 24 hours.
To Request termination:
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 @ ADDvantage® Real Estate Network, 1515 Carillon Street, Holiday, FL 34691.
* LESSOR cannot cancel AGREEMENT if there has been an executed contract, which is pending closing.
LESSOR(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 rent for: $ per month.
This price was solely determined by the LESSOR.
8) Broker Obligations, Authority, and Compensation:
A) LESSOR authorizes BROKER to list property in the MLS, ADDvantage® Real Estate Network's proprietary websites, Realtor.com, real estate publications, and other real estate websites for the purpose of procuring LESSOR a LESSEE, and to provide sales information including selling price to the MLS upon sale of the property.
B) LESSOR's ONLY compensation to BROKER for this service is a flat fee of $149.
C) BROKER carries Errors and Omissions Insurance.
D) Once a property is listed in the MLS, there are no refunds or partial refunds.
LESSOR(s), please initial here: ; ; ; .
LESSOR(s), please initial here: ; ; ; .
9) MLS Commission Offer:
A)
LESSOR is offering 3.0% commission and a bonus of $0 in the MLS. LESSOR is authorizing BROKER to offer this commission/bonus by means of this listing agreement and further authorizes BROKER to advertise such commission/bonus offer in the MLS on behalf of LESSOR to Realtors® in an effort procure a LESSEE for the Property.
LESSOR(s), please initial here: ; ; ; .
LESSOR(s), please initial here: ; ; ; .
B) LESSOR agrees to compensate licensed agents (co-broker commission) as follows:
i) Any licensed agent that is so recognized as the “leasing agent” on a fully executed lease agreement.
10) LESSOR'S Rights, Obligations, and Risks:
A) LESSOR 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. LESSOR should make all reasonable efforts to make available the property to be shown at reasonable times.
B) If LESSOR elects to use a lock box, LESSOR accepts responsibility for items stolen from property.
C) LESSOR acknowledges and accepts all risks one might encounter while showing property to prospects and agrees to hold BROKER and ADDvantage Real Estate Network harmless of any liability resulting from showing the property.
D) LESSOR can lease Property to a LESSEE not procured by a licensed agent and will owe no co-brokerage commission.
E) LESSOR shall not advertise Property for a price lower than stated in the MLS. This does not prohibit a LESSOR from negotiating a lower price and does not prohibit LESSOR from verbally speaking of a lower price than advertised in the MLS when speaking to prospect. This MLS rule only pertains to printed advertisements.
F)
LESSOR must report all listing status changes or closing information to BROKER within 24 hours of a change of status (contract accepted; contract accepted/accepting backups; withdrawn/off market; rented) by logging into your account and clicking on “change status” and completely filling out the requested information pertaining to the pending transaction. This information is kept confidential and only accessible by you and our MLS administrators.
Due to the strict nature of the MLS reporting requirements of Realtor members, the listing broker is held responsible for promptly reporting of all MLS listing status changes or closing information (fines up to $500 and/or possible MLS board suspension). Therefore, BROKER requires strict compliance by our LESSOR/client with reporting any change of listing status or closing information.
Failure to report these IMPORTANT status changes or closing information (closing price, closing agent, type of transaction, and closing date) within 48 hours will be considered a breach of this listing agreement and could result in a penalty fee of $250 to your credit card on account.
Due to the strict nature of the MLS reporting requirements of Realtor members, the listing broker is held responsible for promptly reporting of all MLS listing status changes or closing information (fines up to $500 and/or possible MLS board suspension). Therefore, BROKER requires strict compliance by our LESSOR/client with reporting any change of listing status or closing information.
Failure to report these IMPORTANT status changes or closing information (closing price, closing agent, type of transaction, and closing date) within 48 hours will be considered a breach of this listing agreement and could result in a penalty fee of $250 to your credit card on account.
i) To report status changes: go to your Client Control Panel on ADDvantage® Real Estate Network'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.
ii) Types of status changes: active, contract received, contract received/accepting backups, temporarily withdrawn, withdrawn off-market, rented. For more information on these statuses, please see our website.
LESSOR(s), please initial here: ; ; ; .
G)
LESSOR should provide LESSEE with all notices required by state and federal law including but not limited to:
i) Rules and Regulations part of the deed restrictions (if applicable)
ii) Radon Gas Warning (Optional)
iii) 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 fill out and sign electronically. 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 LESSEE 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.
H)
LESSOR holds ADDvantage® Real Estate Network, ADDvantage 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:
i) LESSOR'S negligence, representations, misrepresentations, false statements, misleading statements, actions or inactions;
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 LESSOR to pay all fines, fees, or commissions associated with the decision.
I) BROKER will send email verification immediately upon LESSOR's property being inputted into the MLS. This notification allows the LESSOR to verify and edit any factual data errors or typos. If so, LESSOR may respond to email verification within 72 hours of receipt, notifying BROKER of such errors. Errors will be corrected within 24 hours. If LESSOR fails to respond to email verification, BROKER will deem LESSOR's listing as accurate.
11) Miscellaneous:
ADDvantage® Real Estate Network recommends that LESSOR seeks the advice of a Real Estate Attorney to handle closings.
ADDvantage® Real Estate Network recommends that LESSOR seeks the advice of a Real Estate Attorney to handle closings.
12) LESSOR Notification Information:
| Primary Contact Number | (***-***-****) | ||
| Home Telephone: | Work Phone: | ||
| Mobile Telephone: | Facsimile: | ||
| Email: | Alternate Email: | ||
| Mailing Address: | |||
13) LESSOR 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 LESSOR 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, LESSOR 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.
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
I am the
* for property located at
Signature: Date:
(Type Name)
Signature: Date:
(Type Name)
* Describe your position (owner, partner, president, V.P., attorney, power of attorney, other)
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