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This Flat-Fee MLS Agreement (“Agreement”) is entered into between the undersigned
hereinafter referred to as SELLER,
and PS, LLC., d/b/a Property Solutions, a licensed real estate broker in Florida, hereinafter referred to as "Property Solutions."
WHEREAS: Property Solutions will list the Seller's property referenced below in the MLS of Pinellas county, Florida for a Flat-Fee hereinafter referred to as "The Service" and,
WHEREAS: Seller desires to purchase The Service described herein from Property Solutions in accordance with certain terms and conditions,
NOW THEREFORE, in consideration of said terms and conditions set forth below, the receipt and sufficiency of which are hereby acknowledged, Property Solutions and SELLER agree to the following TERMS AND CONDITIONS:
SUBJECT PROPERTY: Seller desires to sell the real property (“Property”) located at:
Street Address: ________________________________________________
City__________________________________State______ Zip __________
including the following Personal Property: _______________________________________
__________________________________________________________________________
AUTHORITY TO SELL: Seller hereby certifies that Seller is legally entitled to convey all of the rights, title and interest to the Property together with any and all existing improvements. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin or any other factor protected by federal, state or local law.
TERM OF AGREEMENT: This Agreement shall be for an period of six (6) months and shall commence on: ______________________ and terminate on: ______________________
LIST PRICE: Seller requests that the Property be offered for sale in the MLS at the following price. ____________________. Seller acknowledges that Property Solutions has not determined the list price stated herein.
DESCRIPTION OF THE SERVICE: Seller gives Property Solutions the right to list the property in the MLS of Pinellas County, Florida at the price and terms outlined in this Agreement and Property Solutions agrees to submit all pertinent information to the MLS within 48 hours of receipt. Property Solutions shall offer the compensation to cooperating Brokers referenced in this Agreement less the amount of $250.00 which Property Solutions shall retain as a Transaction Fee at the time of closing. Seller shall not be obligated to pay the aforementioned Transaction Fee if the property is not sold or is withdrawn prior to the termination date. Seller agrees to provide Property Solutions with written remarks of the subject property not to exceed 1000 characters together with other descriptive information set forth in a "Property Information" form available directly from the appropriate link listed below. Property Solutions reserves the right to modify said remarks as deemed necessary to comply with existing rules and regulations imposed by the Pinellas Realtor Organization.
Select your property type from the following list and print the forms. Once they have been completed and returned to us we will create your MLS property profile.
1. Residential
2. Multi-family
3. Commercial
4. Land
COMPENSATION: Seller agrees to pay Property Solutions the non-refundable amount of $495.00 upon execution of this Agreement.
BROKER OBLIGATIONS, AUTHORITY: Seller hereby authorizes Property Solutions to: 1. List the Property in the MLS of Pinellas County, Florida for the price stated above and to offer compensation to cooperating brokers in the amount of $__________ or ________% of the Sales price. 2. Report any resulting sale to the MLS/Association of Realtors Members, MLS Participants and Subscribers. The parties acknowledge that the Seller’s contact information shall be included in the MLS so that cooperating brokers may contact the Seller directly. Property Solutions’ contact information will appear in the manner prescribed by the governing Board of Realtors and on any other Property Solutions advertisement, including but not limited to a yard sign, Property Solutions web site and any other MLS related web sites. 3. Seller authorizes Property Solutions to place the property in HomeVues.com
SELLER OBLIGATIONS: 1) Seller shall indemnify Property Solutions and hold same harmless from losses, damages, costs and expenses of any nature, including any attorney’s fees and from liability to any person, that Property Solutions incurs as a result of a) Seller’s negligence, representations, misrepresentations, actions or inactions; b) the use of a lock box; c) the existence of undisclosed material facts about the Property, or d) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Property Solutions. This clause will survive Property Solutions’ performance and the transfer of title. 2) Seller shall make all legally required disclosures, including all facts that materially affect the Property’s value and are not readily observable or known by the buyer. Seller represents that there are no material facts; building code violations; pending code citations; unobservable defects, etc.3) Seller agrees to contact Property Solutions IMMEDIATELY UPON OBTAINING A WRITTEN OFFER on the Property whether through the efforts of Seller directly or through a cooperating Broker and to submit a copy of any such offer via facisimile to Property Solutions.
TERMINATION: Seller may terminate this Agreement at any time by submitting a written request to Property Solutions at the following email address cancellation@mypropertyhelp.com and allowing up to 72 hours to withdraw the listing from the MLS.
BROKERAGE RELATIONSHIP: Property Solutions is acting as a Transaction Broker. A copy of this notice is incorporated below for reference purposes.
TRANSACTION BROKER NOTICE
As a transaction broker, Property Solutions and its associates provides to you a limited form of representation that includes the following duties:
1. Dealing honestly and fairly;
2. Accounting for all funds;
3. Using skill, care, and diligence in the transaction;
4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
6. 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
7. 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 acts of the 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.
Assignment: This Agreement and the rights hereunder are not asignable without the prior written consent of all parties.
Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to principles of conflicts of law. This Agreement may be amended only in writing executed by a duly authorized representative of each party. Any notices under this Agreement shall be sent to the addresses set forth above (or in a separate writing) by facsimile, electronic mail or nationally recognized express delivery service and deemed received upon delivery. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be invalid, illegal, or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
Jurisdiction and Consent to Suit: The parties agree that any proceeding or suit brought to enforce or interpret this Agreement shall be brought exclusively in the courts of the State of Florida. The parties irrevocably waive any present or future objection to such venue and irrevocably consent and submit unconditionally to the jurisdiction of such courts for itself, including all officers, directors, employees and agents thereof, and in respect of all of its property. The parties further irrevocably waive any claim that any such court is not a convenient forum for any such proceeding. The parties agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any jurisdiction within the U.S.A.
Liability & Exclusion Of Liability: Property Solutions shall not be liable to you or any other third party for any direct, indirect, incidental, special or consequential loss, cost, damage or expense incurred in connection with the availability, operation or for any unavailability or inoperability of the Internet. In no event shall Property Solutions be liable for any indirect, incidental, consequential, special or exemplary damages, including, but not limited to, loss of profits, or loss of business opportunity, even if such damages are foreseeable and whether or not Property Solutions has been advised of the possibility thereof. Property Solutions' maximum aggregate liability shall not exceed the total amount paid by you under this Agreement in the aggregate.
Entire Agreement. This Agreement, including any Exhibits attached and other documents referred to herein (if any), sets forth all, and is intended by all parties hereto to be an integration of all, of the promises, agreements, conditions, understandings, warranties, covenants and representations among the parties hereto with respect to the subject matter hereof, and supersedes all prior agreements and understandings. There are no promises, agreements, conditions, understandings, warranties or representations, oral or written, express or implied, among them pertaining to the subject matter hereof other than as set forth herein.
Executed on: ___________________ ____________________
_____________________________ ____________________________
Seller: Property Solutions
_____________________________
Seller:
