Flat Fee MLS!

FLORIDA MLS/REFERRAL AGREEMENT

This agreement is made as of  _____________________, 2010 (“Effective Date”) by
Brokerless, Inc. (“Brokerless”), a Florida  real estate corporation existing under the laws
of the state of Florida with its principal place of business in Miami-Dade County,
Florida, and __________________________________ (the “Broker“), a Florida licensed
real estate broker with a principal place of Business located at:
__________________________________________________.

RECITALS

Brokerless is a registered “real estate broker”, as defined in section 475.01. Brokerless
offers home selling services to Florida real property sellers which involve, among other
things, listing property in a multiple listing service (“MLS”) for a flat fee through the
cooperative efforts of other Florida real estate licensees. The listing Broker is a duly
licensed real estate broker, as defined in section 475.01, in the jurisdiction described
below with access to numerous Multiple Listing Services (“MLSs”). When the Broker
lists a home on the MLS it is referred to as the Listing Broker. When the Broker sells a
home listed on the MLS, it is referred to as the Selling Broker.

THEREFORE, the parties intending to be legally bound, agree as follows:

1.    Broker Information.
a) Identification

Name: __________________________________
Principal Place of Business:
________________________________________
City _______________________   State: Florida
Zip _______________ County _______________
Phone __________________ Fax _____________
Email __________________
Participating Company Web Site (URL)
http://www. _________________________________
Contact for Notice Purposes ____________________

2. Licensing. Broker hereby affirms that he/she is licensed to perform real estate services in the state of Florida.

3. MLS Membership. Broker hereby affirms that he/she maintains all appropriate Florida MLS membership agreements in order to list homes for sale in an appropriate local MLS.

4. Payment for MLS Listing.

Brokerless agrees to pay Broker a listing fee of $__________ for each Listing referred to Broker and posted on the MLS through the cooperative efforts of Broker. Broker agrees to waive any commission otherwise obtainable for acting as the listing Broker.

5.    Broker’s Duties to Contract With Seller.

Broker agrees to contact seller immediately after the referral is made in order to contract with seller separately regarding the MLS listing agreement. Broker agrees that all MLS listings referred to Broker by Brokerless shall be for 6 (or 12) months and shall have a definite expiration date.

6.    Payment at Closing.

As part of the MLS Listing Agreement, the seller will describe to Broker the commission to be paid to any authorized Selling Broker upon closing of the real estate transaction.

7.    Confidentiality

The parties each agree that neither party will disclose the existence of or terms of this agreement to any third party without the prior written consent of the other party except as may be required by due legal process, in which case the disclosing party shall afford the other party not less than 10 days prior notice. All information provided by Brokerless under the agreement, including but not limited to consumer information, shall be deemed “Confidential Material.” Broker shall not disclose any Confidential Material except that necessary to complete Broker’s obligations under this Agreement. Broker agrees, upon termination of this Agreement, or at any earlier time upon the request of Brokerless, to return all Confidential Material and all information developed therefrom to Brokerless.

8.    Representations & Warranties. Broker represents that it:
a.    has the authority to enter into this agreement without seeking the
approval of any other party;
b.    maintains all appropriate MLS membership agreements in order to list homes for sale in a local MLS.
c.    is a duly licensed real estate broker in Florida, and is not in Violation of, and will continue to be in compliance with, any and all applicable federal, state, and local laws and regulations.
d.    [if applicable] is the authorized owner of the Broker’s web site(s), that such site(s) is (are) not involved in any illegal activity, and will not hold Brokerless liable or responsible for the activities of visitors who use a link to Broker’s web site from any site maintained by Brokerless.

9.    Indemnification.

Broker agrees to indemnify and hold Brokerless and its affiliates, successors, officers, directors, employees, and agents harmless from any costs, damages, or expenses (including reasonable attorneys’ fees) resulting from any action, or inaction, taken by Broker arising out of or in connection with this Agreement other than a breach of this Agreement by Brokerless.

10.    Limitation of Liability and Warranty Disclaimer.

BROKERLESS MAKES NO WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF SERVICES DESCRIBED IN THIS AGREEMENT FOR A PARTICULAR PURPOSE. Brokerless shall not be liable for any loss, costs, damages, or expenses (including reasonable attorney’s fees) incurred by Broker. In no event shall Brokerless be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or related to this Agreement. Nothing herein contained shall be construed as requiring Brokerless to post any minimum number of MLS Listings through Broker.

11.    Term
a.    This agreement shall commence upon the Effective Date and continue for one (1) year.
b.    This Agreement may be terminated prior to the end of the term as follows:
i.    Either party may immediately terminate this agreement if the other party is in default of any material obligation under this Agreement.
ii.    Either party  may immediately terminate this Agreement upon thirty (30) days written notice to the other party.

12.    Miscellaneous.

This agreement shall be governed by the laws of the State of Florida. Any dispute involving, directly or indirectly, the interpretation or implementation of this Agreement shall be heard in Miami-Dade County, Florida. Broker may not assign this Agreement without the express written consent of Brokerless. No waiver, modification or addition to this Agreement shall be valid unless it is in writing signed by both parties. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. Nothing stated in this Agreement shall be construed as creating the relationship of partner, employer and employee, or principal and agent between the parties.

Agreed to and Accepted by:

BROKER                                BROKERLESS

_________________________                                   ________________________

By:  ______________________            By: _______________________

Title: _____________________            Title: ______________________