Real Estate Auction Listing Agreement

REAL ESTATE AUCTION LISTING AGREEMENT

Parties

Seller Name:

Auctioneer / Listing Firm:

Property Identification

Parcel / APN Number:

Auction Terms

Scheduled Auction Date:    Start Time:

Auction Location:

Auction Type (select all that apply):

Buyer Premium (%):    Auction Commission (% of hammer price):

Closing Date (estimated):

Seller Authorization & Auctioneer Authority

Seller grants Auctioneer the exclusive right to market and conduct the auction for the Property described herein on the terms of this Agreement. Seller authorizes Auctioneer to advertise, hold open houses, execute advertising contracts and to accept bids on Seller's behalf in accordance with the auction type selected above. Auctioneer is authorized to execute documents necessary to consummate the auction and closing only with Seller's prior written approval where required by law.

Marketing, Expenses & Advances

Seller agrees to pay or reimburse reasonable marketing and advertising expenses incurred by Auctioneer. If Auctioneer advances marketing costs, Seller shall reimburse such advances at closing. Seller authorizes Auctioneer to deduct commission, buyer premium disbursements and approved marketing advances from sale proceeds disbursed by escrow.

Representations, Disclosures and Warranties

Seller represents and warrants that Seller is the sole owner of the Property, has full authority to enter into this Agreement, and that the Property will be conveyed free of undisclosed liens or encumbrances at closing except as disclosed below. Seller will timely deliver all material facts and disclosures known to Seller affecting value or desirability of the Property.

Disclosures (check applicable):

Inspection & Condition

Property is offered "AS IS, WHERE IS" at auction except as expressly set forth in an executed purchase agreement post-auction. Seller shall permit reasonable inspections by prospective bidders during agreed inspection periods. Seller shall not commit to any repairs or modifications without prior written agreement between Seller and Buyer.

Default, Remedies & Indemnity

If Seller defaults or wrongfully withdraws the Property prior to auction or fails to close a sale accepted under the terms of this Agreement, Seller shall be liable for Auctioneer's commission and reasonable consequential damages, including marketing costs and costs of re-marketing. Auctioneer may pursue any remedies available at law or equity, including specific performance where permitted. Seller agrees to indemnify and hold Auctioneer harmless from claims arising from Seller's breach of representations or failure to disclose material facts.

Competing Offers & Withdrawal

Seller must notify Auctioneer in writing of any competing offers or agreements with third parties. Seller may withdraw the Property prior to the auction only with Auctioneer's written consent and may be subject to a cancellation fee equal to the agreed commission or as otherwise provided herein.

Governing Law & Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of the State of . This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings. Any modification must be in writing and signed by both parties. If any provision is determined unenforceable, the remaining provisions shall remain in full force and effect.

Additional Provisions

Acknowledgment

Seller and Auctioneer acknowledge that they have read and understand the terms of this Agreement, that they are authorized to enter into it, and that execution of this Agreement binds the parties to its terms. Seller affirms that all information provided in this Agreement and accompanying disclosures is true and correct to the best of Seller's knowledge.

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