Real Estate Listed Contract

REAL ESTATE LISTED CONTRACT

This Real Estate Listed Contract (the "Agreement") is made as of between Seller: with mailing address and Broker: , License No.: with principal place of business at .

RECITALS

WHEREAS, Seller is the lawful owner of the real property and improvements described herein and desires to engage Broker to procure a buyer or otherwise effectuate a sale on the terms set forth in this Agreement; and

WHEREAS, Broker is duly licensed to act as a real estate broker and has the experience, personnel and resources to market, show and facilitate the sale of Seller's property; and

WHEREAS, Seller and Broker desire to set forth the terms and conditions under which Broker shall list and attempt to sell the property described below.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. APPOINTMENT AND AUTHORITY

Seller hereby appoints Broker as Seller's exclusive agent to market and sell the real property located at:

The parties elect the following listing type (check applicable box): Exclusive Right to Sell Exclusive Agency Open Listing

2. TERM

The term of this Agreement shall commence on and shall expire at 11:59 p.m. on , unless earlier terminated in accordance with Section 9.

3. LISTING PRICE AND TERMS

Seller authorizes Broker to accept bona fide offers subject to Seller's approval and to present all offers promptly. Seller understands that Broker will market the property on customary terms and may advertise property details, photographs and images in marketing materials.

4. COMPENSATION AND COMMISSION

Seller agrees to pay Broker a commission equal to % of the gross sale price (the "Commission") if a sale is consummated during the term of this Agreement or within days after termination of this Agreement to a purchaser introduced by Broker during the term.

If a cooperating broker procures a buyer, the Commission shall be apportioned as follows: Broker shall offer the cooperating broker % of the gross sale price. All commission disbursements are subject to customary closing adjustments.

5. BROKER'S DUTIES

Broker shall use commercially reasonable efforts to market the property, procure buyers, coordinate showings, present offers to Seller, and assist in negotiating and closing the transaction. Broker shall comply with applicable licensing laws and shall disclose known material facts affecting the property.

6. SELLER'S DUTIES; REPRESENTATIONS AND WARRANTIES

Seller represents and warrants that Seller is the lawful owner of the property, has the full right and authority to enter this Agreement, and will provide Broker with complete and accurate information regarding the property's condition, title status, encumbrances, and any known defects or legal matters affecting marketability. Seller shall cooperate with Broker in scheduling showings and shall not take any action intended to prevent Broker from performing its obligations under this Agreement.

7. MARKETING; MLS; SIGNS

Broker is authorized to place the property in the Multiple Listing Service and other marketing channels, to place "For Sale" signage on the property, and to distribute promotional materials. Broker may cooperate with other brokers and/or subagents to facilitate a sale.

8. CONFIDENTIALITY

Broker shall treat as confidential any non-public information received from Seller concerning the Seller's financing, motivations, or personal matters, except as necessary to market the property, to comply with legal requirements, or to disclose to prospective buyers and cooperating brokers in connection with a sale.

9. TERMINATION

This Agreement may be terminated by mutual written consent of the parties or by either party for material breach following written notice and a reasonable opportunity to cure. Termination shall not affect Broker's right to be paid Commission for transactions arising from Broker's efforts as provided in Section 4.

10. INDEMNIFICATION

Seller shall indemnify, defend and hold harmless Broker and its agents from and against any claims, liabilities, damages or expenses, including reasonable attorneys' fees, arising out of Seller's breach of any representation, warranty or obligation under this Agreement or Seller's failure to disclose material facts about the property, except to the extent caused by Broker's willful misconduct or gross negligence.

11. NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses below by hand, nationally recognized overnight courier, or certified mail, return receipt requested, and shall be effective upon receipt.

12. MISCELLANEOUS

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state in which the property is located without regard to conflict of law principles.

Entire Agreement: This Agreement contains the entire agreement of the parties with respect to the listing and supersedes all prior agreements, understandings and representations, whether written or oral.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect and, to the extent possible, the parties shall negotiate a substitute, valid provision.

Amendments and Waivers: No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No waiver by any party of any breach shall be deemed a waiver of any subsequent breach.

Counterparts: This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute one instrument. Signatures delivered by electronic transmission shall be deemed original signatures for all purposes.

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