Exclusive Agency Flat Fee MLS Listing “Sample Agreement”

March 17th, 2009

This Limited Service Exclusive Agency Listing Agreement (“Agreement”) is between:________________________________________________________ (“Seller“) and________________________BROKERless, Inc._____________________(“Broker“).

1. AUTHORITY TO SELL PROPERTY: Seller gives Broker the Exclusive Agency Right to sell the real and personal property (collectively “property”) described below, at the price and terms described below. This exclusive agency right and authority shall remain in effect for a period of six months following the effective date, and shall expire at 11:59 p.m. on the last  day of the six month period following the effective date (“Expiration Date”). Seller certifies  that Seller is legally entitled to convey the Property and all 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.


a) Real Property Street Address: _________________________________________________________________

b) Legal Description: _________________________________________________________________

c) Personal Property, including appliances: All fixed equipment, window screens and hardware, attached    floor coverings and attached lighting fixtures as presently installed on said property.

3. PRICE AND TERMS: The property is offered for sale on the following terms, or on other terms acceptable to Seller:

a) Price: $________________

b) Financing Terms: (check one) ____Cash; ____Conventional; ____VA; ____FHA


a) Seller authorizes Broker to place the property in the multiple listing service (MLS).

b) Seller authorizes Broker to offer compensation to Cooperating Brokers.

c) Seller authorizes Broker to report to the MLS/Association of Realtors this listing information and price, terms, and financing information on any resulting sale. Seller authorizes Broker, the MLS and/or Association of Realtors to use, license or sell active listing and sold data.

d) Seller authorizes Broker to report to the MLS/Association of Realtors Seller’s personal contact information in order for the Seller to be contacted directly by all interested parties, including buyers’ agents.

e) Broker shall act as a Nonrepresentative.


a) Seller shall indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including attorney’s fees and from liability to any person, that Broker incurs because of (1) Seller’s negligence, representations, misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the transfer of title.

b) 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 broker. Seller represents there are no material facts (building code violations, pending code citations, unobservable defects, etc.) other than the
following: ______________________________________________________________
Seller will immediately inform Broker, in writing, of any material facts that arise after signing this agreement.

c) Seller shall notify Broker, in writing, within 24 hours of any change in the status of the property, including, but not limited to, the acceptance of any contractual offer, the closing and funding of any sale, the termination of any purchase and sales agreement, cancellation, termination, etc.

d) Seller understands that he/she/it is responsible for making all necessary property disclosures as mandated by Federal and/or State and/or Local law.


a) Seller agrees to compensate Broker for performing the responsibilities delineated in Paragraphs 4(a) and 4(b) $395.00, which is due and payable immediately. Seller understands that this fee is not contingent on whether the property sells or who sells the property, whether it be Broker, Seller or other real estate licensee. Seller is aware, agrees and understands that once Broker has listed the property in the MLS, this specific fee has been earned and is non refundable.

b) Seller further agrees to compensate any Cooperating Broker (3% if left blank) ______ of the total purchase price at closing, should a broker who participates in the MLS in which compensation was offered by Broker, pursuant to paragraphs 4(a) and 4(b), sell the Property.

7. ELECTRONIC SIGNATURE: A signature transmitted electronically or by facsimile shall be deemed to have the same effect as an original signature.




As a real estate licensee who has no brokerage relationship with you, BROKERless, Inc. and its associates owe to you the following duties:

1. Dealing honestly and fairly;

2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.

3. Accounting for all funds entrusted to the licensee.

9. ADDITIONAL TERMS: Seller is aware and specifically understands that Brokerless, Inc. will not negotiate on behalf of any party in any transaction and does not maintain an active escrow account. Seller agrees to receive all written offers directly from buyers or buyer’s agents and to negotiate on its own behalf.

10. MARKETABLE TITLE CLAUSE: Seller warrants and represents that no later than time of closing, Seller shall be able to convey marketable title to the property.

11. SPOUSAL JOINDER: Seller shall, no later than time of closing, pursuant to the Florida Constitution, provide for the spousal joinder by executing any and all instruments required to deliver marketable title.

12. LISTING STATUS CHANGE: All status changes will require the prior approval of Brokerless. Seller understands that a status change shall not be deemed effective unless and until Brokerless, Inc. has received written confirmation of Seller’s intent to change the status of the listing and has approved the status change. Brokerless, Inc. will implement all status changes approved within a reasonable period of time, once received. Seller specifically understands and agrees that a status change will not serve to relieve Seller of or from his/her/its duties and/or obligations as set forth in all of paragraphs 5 and/or 6 of this agreement.

13. DISPUTE RESOLUTION: This agreement will be construed under Florida law. All controversies, claims and other matters in question between the parties out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation under the rules of the American Arbitration Association or other mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney’s fees and costs.

14. PERSONS BOUND: This Contract shall bind and inure to the benefit of all parties hereto, their heirs, successors and assigns. Whenever the context permits, singular shall include plural and gender shall include all.

15. ACKNOWLEDGEMENT: By signing this agreement, Seller acknowledges that Seller has read and understands the entire agreement.

Date:____________________Seller’s Signature:_________________________________


Date:____________________Seller’s Signature:_________________________________


Listing Associate or Broker:_____________________________Date:__________________

Firm Name: BROKERless, Inc. Lic#CQ1026651 Telephone: 305-772-1173

This is a legally binding Contract and accordingly you may wish to seek Legal, Environmental and/or Tax Advice.

Copy will be returned to Seller by: _____email _____facsimile.

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