Agent Agreement

Listing Agreement

THIS AGREEMENT made by and between & , hereinafter collectively referred to as "Owner," and “Broker."

Recitals:

1. Owner is the owner of that certain real property situated in County, State of , commonly known as and hereinafter referred to as the "Property," and more particularly described as (legal description):

2. Owner desires to sell the Property and, accordingly, Owner desires to grant to Broker the [exclusive and irrevocable] right to sell the Property in accordance with the provisions of this Agreement. Broker is a duly licensed real estate salesman [or broker] in the State of , and desires to have the [exclusive] authority to sell the Property in accordance with the provisions of and for the compensation provided for in this Agreement.

THEREFORE, Owner and Agent agree as follows:

1. Grant of Right. Owner hereby grants to Broker the [exclusive and irrevocable] right, commencing on , and expiring at on , to sell the Property.

2. Personal Property Included. In addition to the real property described above, the Property to be sold [or exchanged or sold] includes the personal property itemized in the inventory attached hereto as Exhibit , which exhibit is incorporated in and made a part of this Agreement.

3. Incorporation of Information Checklist. As a further description of the Property, the parties have jointly prepared statements and information, which appear in the Property Information Checklist, which checklist is attached to and incorporated in this Agreement as Exhibit A.

4. Terms of Sale. The selling price of the Property shall be $ which shall be paid on the following terms: or at such price and terms as shall be acceptable to Owner, and to accept a deposit thereon.

5. Open Listing. This Agreement is commonly known in the trade as an open listing and if, during the period of this Agreement, the sale of the Property is consummated and the deed or other evidence of the transfer of title is recorded other than through the efforts of Broker, but rather through the efforts of other agents, or of anyone else, including Owner, the aforesaid compensation for the sale shall not be paid to Broker as set forth in this Agreement.

[or]

5. Exclusive Agent Listing. This Agreement is commonly known in the trade as an exclusive agency listing and if, during the period of this Agreement the sale of the Property is consummated and the deed or other evidence of the transfer of title is recorded other than through the efforts of Broker, but rather through the efforts of other agents, or of anyone else, excluding Owner, compensation shall be paid to Broker as set forth in this Agreement.

[or]

5. Exclusive Right to Sell Listing. This Agreement is commonly known in the trade as an exclusive right to sell listing and if, during the period of this Agreement the sale of the Property is consummated and the deed or other evidence of the transfer of title is recorded other than through the efforts of Broker, but rather through the efforts of other agents, or of anyone else, including Owner, compensation shall be paid to Broker as set forth in this Agreement.

It is understood that Broker is a member of and that such listing service and its members shall act in cooperation with Broker in procuring or attempting to procure a purchaser in accordance with this Agreement.

6. Compensation of Broker. Law does not fix the amount or rate of real estate commissions. They are set by each Broker individually and may be negotiable between the Seller and Broker. Owner agrees to pay Broker as compensation for services rendered a fee of per cent of the purchase price.

7. Cooperation of Owner. Owner agrees to make available to Broker and prospective purchasers all data, records, and documents pertaining to the Property, to allow Broker, or any other broker with whom Broker chooses to cooperate, to show the Property at reasonable times and upon reasonable notice, and to place a "For Sale" sign upon the Property. Owner agrees to commit no act which might tend to obstruct the Broker's performance hereunder. Broker may furnish the information provided herein to third parties, and after close of escrow, may disclose the terms of sale to interested parties.

8. Sales Facilitation.

By initializing here: Owner instructs Broker to list the herein Property with the local Multiple Listing Service.

By initializing here: Owner authorizes Broker to install a Lock Box upon the Property.

9. Delivery of Papers by Owner. In the event of a sale, Owner will promptly, upon Broker's request, deposit in escrow all instruments necessary to complete the sale.

10. Distribution of Sales Information. In the event Owner has signed a PROPERTY DISCLOSURE STATEMENT, Broker is authorized to furnish copies to potential purchasers.

11. Owner's Representations. Owner warrants the accuracy of the information furnished herein with respect to the above-described Property and agrees to hold the Broker harmless from any liabilities or damages arising out of incorrect or undisclosed information. Owner agrees to notify Broker within seven (7) days of any changes in rentals and/or expenses of the Property. The undersigned Owner warrants further that he is the owner of record of the Property or has the authority to execute this Agreement.

12. Broker Indemnified. If suit is brought to collect the compensation of Broker, or if Broker successfully defends any action brought against Broker by Owner relating to this authorization or under any sales agreement relating to said Property, Owner agrees to pay all costs incurred by Broker in connection with such action, including a reasonable attorney's fee.

13. Escrow Instructions and Closing Date. Escrow instructions to Escrow Agent shall be signed by the purchasers and Owner and shall be delivered to said escrow within days from acceptance of the terms and conditions of the sale of the Property. Said instructions shall provide for closing and the recording of the deed or other evidence of the transfer of title within days from the date the instructions are delivered to said escrow.

14. Title Defects. Title shall be free of liens, encumbrances, easements, restrictions, rights, and conditions of record or known to Owner other than the following:

15. Owner Default. If Owner fails to deliver title as herein provided, any deposit, together with any other money paid on account of the purchase price, shall there upon be returned to the purchasers.

In consideration of the execution hereof, the undersigned Broker agrees to use diligence in effecting a sale of the Property.