STANDARD LISTING CONTRACT, (USED ALSO WHEN EXPIRED LISTING IS RELISTED) MLS# ____
There are two types of exclusive listings defined by the New York State Department of State: “An ‘exclusive right” to sell listing means that if you, the owner of the property, find a buyer for your house, or if another broker finds a buyer you must pay the agreed commission to the present broker. An ‘exclusive agency’ listing means that if you, the owner of the property, find a buyer you will not have to pay a commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and your present broker.”
Property Address: ______
In consideration of ______(hereinafter referred to as BROKER), filing the listed property described above with the Columbia County & Northern Dutchess Multiple Listing Service, Inc. (hereinafter referred to as CCNDMLS) under the Multiple Listing Rules & Regulations, and in further consideration of said BROKER and other members of said CCNDMLS undertaking to find a purchaser for said property, the undersigned (hereinafter referred to as OWNER) hereby gives to said broker irrevocably _____ an exclusive right to sell listing; ______an exclusive agency listing, to sell said property for $______until and including ______, _____.
Owner ______Owner ______
Owner’s Mailing Address: ______
Effective January 1, 2009, Broker shall have the rights set forth in Real Property Law Section 294-b, the Commission Escrow Act. Notice is hereby given to the Seller that AT THE TIME OF CLOSING, YOU MAY BE REQUIRED TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK IN THE EVENT THAT YOU DO NOT PAY THE BROKER HIS OR HER COMMISSION AS SET FORTH HEREIN. YOUR OBLIGATION TO DEPOSIT THE BROKER’S COMMISSION WITH THE COUNTY CLERK MAY BE WAIVED BY THE BROKER.
To facilitate and expedite the sale of said property, the OWNER hereby: (1) authorizes the BROKER to make and use photographs of said property, (2) grants BROKER exclusive “For Sale” sign privileges; (3) consents that said property may be shown at any reasonable hour, (4) agrees to refer any and all inquiries concerning said property to the BROKER (exclusive right to sell only) and (5) agrees to accept a sales agreement contingent, for a reasonable period of time, on the purchaser’s ability to finance the purchase price by any of the prevailing methods of mortgage financing; and (6) the OWNER understands and agrees that the CCNDMLS is not the OWNER’S agent and that none of the terms of this agreement shall make them the OWNER’S agent. The OWNER understands that providing the BROKER with a key to the property does not in any way make the BROKER custodian of said property or responsible therefore.
Should the OWNER desire to rent said property during the period of this agreement, the said BROKER is hereby granted irrevocably the sole and exclusive right to rent the same, and is hereby granted the sole and exclusive “For Rent” sign privilege.
The OWNER agrees to accept a purchase offer contingent for a reasonable period of time, on the Purchaser’s ability to obtain inspections regarding unknown circumstances which could affect the habitability if the property.
Upon the OWNER’S acceptance of the purchase offer that does not stipulate the property is to remain on the market: OWNER initials ‘A’ or ‘B’
A______The BROKER shall hold any subsequent offers as backups which shall be conveyed to the OWNER only in the event the previously accepted contract is deemed cancelled, null and void.
B______The BROKER shall convey any subsequent offers to the OWNER with the understanding that the OWNER should consult an attorney regarding any subsequent offers because a binding contract for the property may already exist and brokerage commission claims may be involved.
The OWNER authorizes the (Listing/Selling) BROKER to submit purchase offers to the OWNER. As per 19 NYCRR 175.24 of the Official Compilation Codes Rules and Regulations of the State of New York, the OWNER hereby authorizes that all negotiated offers to purchase the listed residential property be submitted through the (OWNER initial A or B)
(A) Listing Broker ______(B) Selling Broker _____
If during the period of this agreement or any extension thereof, a transfer, sale or exchange of said property is made or effected or agreed upon with anyone whomsoever, the OWNER agreed to pay the BROKER ______% of the sale or exchange price or $______as commission for services, or if there be no sale or exchange price, then said commission be based on the listing price herein specified. Such compensation shall be paid if property is sold, conveyed or otherwise transferred within _____ days after the termination of this authority, or any extension thereof, to anyone who was shown or was introduced to the property by BROKER or cooperating agent during the period of this agreement or any extension thereof (exclusive right only). However, OWNER shall not be obligated to pay such compensation if valid listing is entered into during the terms of said period with another licensed real estate broker and the sale, or exchange of the property is made during the terms of the protection period.
OWNER and BROKER agree that the subject property is listed in full compliance with local, state and federal Fair Housing Laws, including, but not limited to non-discrimination based on race, color, religion, sex, handicap, familial status, national origin, age or children.
OWNER understands that if OWNER terminated the listing broker authority prior to the expiration of its term, that the listing broker shall retain its contract rights to a commission and recovery of advertising expenses and any other damages incurred by reason of OWNER’S early termination of this agreement.
The OWNER has read and understands this agreement and does hereby acknowledge receipt of a copy thereof. This agreement shall be binding upon the parities hereto, their heirs, legal representation and successors.
OWNER(S) will receive a copy of the listing as it appears in the book and/or system.
Agreed to and Accepted by:
BROKER ______OWNER ______L.S.
Date ______Date ______
By Auth. Rep. ______OWNER ______L.S.
Date ______Date ______
Columbia County & Northern Dutchess MLS
337 Fairview Avenue, Hudson, NY 12534
(518) 828-7871, FAX (518) 828-6899
CCNDMLS Listing w/CE
Revised 1/2009