The term of the listing is 365 days unless Seller cancels prior to said term. Seller may cancel this Agreement at any time on or after the date that is 90 days from the date the Property is listed for sale on the multiple listing service.
Seller warrants: (i) Seller owns the Property; (ii) no other persons or entities have title to the Property; and (iii) Seller has the authority to execute this Agreement and sell the Property. Seller acknowledges Seller will nonetheless owe the flat fee payment set forth in the MLS Authorization if Seller cancels, withdraws, leases or otherwise transfers the property during the 90-day term or any extension.
Seller acknowledges Seller is receiving limited services from Broker in exchange for offering no listing commission. Services Broker will not provide include: facilitating showings of the Property; ordering reports and inspections related to the Property; and conducting an agent's visual inspection of the Property.
Seller represents that, unless otherwise specified in writing, Seller is unaware of: (i) any Notice of Default recorded against the Property; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Seller agrees to promptly notify Broker in writing if Seller becomes aware of any of these items during the listing period or any extension thereof. Seller represents Seller is offering the Property in compliance with federal, state and local anti-discrimination laws, and the listing price will produce sufficient funds to satisfy all mortgages and liens encumbering the property and pay all closing costs.
Seller indemnifies, defends and holds Broker and Home Bay Technologies Inc. harmless from all claims, disputes, litigation, judgments attorney fees and costs arising from any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose. All money paid to Broker, HomeBay, Inc. or affiliates is non-refundable.
Broker will act as a transaction broker. Pursuant to Florida law, Broker will deal honestly and fairly with Seller, will account for all funds, will use skill, care and diligence in the transaction, will disclose all known facts that materially affect the value of the Property which are not readily observable to the buyer, will present all offers and counteroffers in a timely manner unless Seller directs Broker to do otherwise in writing, and Broker will have limited confidentiality with Seller unless waived in writing.
Seller acknowledges Broker may act as transaction broker for both Seller and a buyer. Seller acknowledges Broker may have or obtain listings on other properties that compete with the Property, and potential buyers may purchase such competitive properties through Broker.
Broker is not responsible for loss of or damage to personal or real property, or person, whether attributable to use of a keysafe/lockbox, a showing or inspection of the Property, or otherwise. Seller agrees to take reasonable precautions to mitigate against such risks, including obtaining insurance to so protect. Broker does not have insurance to so protect Seller.
Seller hereby grants to Broker the unlimited right to use, publish, disseminate, sell and license to others all text, graphics, photos, videos, virtual tours, documents and any other types of data entered into HomeBay.com or provided to Broker by Seller, and Seller hereby releases to Broker all of the Seller’s interests in all intellectual property rights therein, and Seller agrees to indemnify and hold them harmless from all losses, damages, costs and expenses, including reasonable attorneys’ fees, which may be incurred because of third party claims concerning intellectual property rights, which indemnity and hold harmless will survive performance of this Agreement by Broker, termination of this Agreement and the closing of the sale of the Property.
If Seller authorizes the Property to be actively listed For Sale on the MLS, Seller authorizes Broker to list the property on the MLS and acknowledges MLS rules allow MLS data to be made available by the MLS to additional Internet sites, such as Zillow and Trulia, and Broker is authorized to distribute the MLS data to any and all such sites. Seller further acknowledges MLS boards do not allow posting of a listing without at least one exterior photo, and for that reason, notwithstanding any other language to the contrary contained herein, this Agreement would not spring into effect until Seller has supplied at least one exterior photo of the Property. Moreover, if Seller does not currently want the Property marketed on the MLS, Seller acknowledges having read paragraph 11 below, and further acknowledges that, notwithstanding any other language to the contrary set forth herein, the listing shall be considered an Open Listing and treated as such until Seller indicates via email or Seller’s HomeBay dashboard the desire to have the Property MLS listed, at which time Broker will input the listing into the MLS pursuant to applicable MLS rules and characterize the nature of the listing based on the applicable definitions of that MLS board.
If Seller instructs Broker to not market the property on the MLS, Seller acknowledges that for purposes of calculating days on market (“DOM”) in the future for MLS entry, the MLS may count the total marketing days, not just the days on the MLS. MLS boards may define marketing to include: (a) Having a sign on property; (b) Any communication that goes to the general public; (c) Any internet or social media posts, including on Zillow or Trulia; (4) Any flyers or advertising. If the Property is excluded from the MLS, Seller acknowledges: (a) real estate agents and brokers from other real estate offices who have access to that MLS, and their clients, may not be aware that the Property is for sale; (b) information about the Property will not be transmitted to various real estate Internet sites used by the public to search for property listings; and (c) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which Seller is marketing the Property. Any reduction in exposure of the Property may lower the number of offers and negatively impact the sales price.
This Agreement shall be binding upon Seller and Seller's successors and assigns. All prior discussions, negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This Agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in counterparts. Seller expressly agrees that exclusive jurisdiction for any claim or dispute with Broker or relating in any way to this Agreement resides in the courts of the State of California. California law shall govern except for its conflicts of laws principles, and the venue shall be in the courts of San Mateo County. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. This Agreement may act as escrow instructions.
Seller agrees Broker reserves the right to charge buyer agents up to $1,000 to be paid from buyer agent's commission as a platform fee. Said platform fee shall cover listing agent expenses associated with items like electronic signature, document storage and completion of non-legally required disclosures. Said fee, if any, shall be denoted in the multiple listing service.
Seller acknowledges that Broker and Home Bay Technologies Inc. are separate companies providing separate products and services. The flat fee to be paid to Broker for real estate services is in addition to any fees separately paid to Home Bay Technologies Inc. for non-real estate products and services, including without limitation access to the software platform, professional photography and signage.
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