Fill and Sign the Residential Listing Agreement Form

When Recorded Mail to: ___________________________ ___________________________ ___________________________ OPEN LISTING AGREEMENT ______________________________________________________________________________ Effective Date County and State of Real Property ______________________________________________________________________________ BROKER SELLER (Name, Address, Zip Code & Phone) (Name, Address, Zip Code & Phone) ______________________________________________________________________________ General Description of Buildings or Improvements Personal Property Included in Sale ______________________________________________________________________________ Real Property (Address or Location) Matters Affecting Property But Not of Record ______________________________________________________________________________ Real Property (Legal Description) ______________________________________________________________________________ Existing Encumbrances (Nature, Amount, etc.) Title Held by Seller ______________________________________________________________________________ Terms and Conditions of Sale Total Purchase Price (Note if essential or preferred) ______________________________________________________________________________ Listing Period Broker's Commission or Fee Multiple listing Service (MLS) - 1 - From __________ to _________, [ ] __________% of price of Sale. Seller [ ] does [ ] does not with a _____ day Carryover Period [ ] Fixed at $ ________________ to listing Property with MLS for a sale to a purchaser shown [ ] Other: property by Broker during Listing Period ______________________________________________________________________________ Additional Provisions ________________________________________ _______________________ Signature of Broker Signature of Seller ________________________________________ ________________________ Signature of Broker Signature of Seller INSTRUCTIONS: Prepare and execute this agreement in duplicate. NOTE: This form allows a sale by another broker or directly by Seller without payment of commission to the Broker herein. _______________________________________________________________________________ STANDARD PROVISIONS 1. Open Listing. In consideration of Broker's agreement to use his professional efforts to secure a ready, willing and able purchaser for the Real Property at the Price and Terms and Conditions of Sales described herein, Seller agrees to give Broker an open listing on the Real Property for the duration of the Listing Period. It is understood that this is not an exclusive listing nor an exclusive right to sell the Property, and that Seller is free to list the Property with other brokers and sell the Property thereby or to directly and personally sell the Property without compensation to Broker herein, unless the sale is to a purchaser first shown the Property by Broker. Furthermore, any sale or exchange made within the Carryover Period to a purchaser who was shown the Subject Real Property by Broker during the Listing Period will be treated as a "sale by Broker within the Listing Period" and Broker will be entitled to his full commission therefore. 2. Broker's Obligation. In furtherance of the above, Broker agrees to use his professional efforts to secure a ready, willing, and able purchaser for the Real Property at the Price and Terms and Conditions of Sale described herein, and specifically agree: a. To carefully inspect the Property and secure adequate information regarding it. b. To advertise the Property for sale, and, if so agreed by Seller and so indicated on the reverse side hereof, to list and brochure the property with the multiple listing service (MLS) which operates in the area of the Property. c. To permit the Sellers to terminate and cancel this listing agreement within the Listing Period in return for payment of the agreed Commission or Fee. 3. Seller's Obligations. In furtherance of the above, Seller agrees to cooperate with Broker in his professional efforts and specifically agrees: a. To provide Broker with additional information concerning the Real Property as - 2 - necessary, particularly the information required by the multiple listing service, if Seller has consented to its use. b. To allow Broker to place on the Property his real estate sign in keeping with the applicable county regulations and municipal ordinances. c. To permit Broker to show the Property to prospective purchasers at reasonable hours. d. To permit Broker to accept from prospective purchasers on Seller's behalf earnest money or deposits against the Price and to issue a receipt therefore. e. To enter into a written agreement with a purchaser secured by Broker who is ready, willing, and able to purchase the Property at the Price and Terms of Sale. f. To close escrow and/or give occupancy within 90 days of the execution of the purchase contract. g. To provide marketable title within the escrow period by furnishing title insurance, where applicable, and the appropriate title conveying deeds or other documents. h. To pay to Broker his Commission or Fee at the close of escrow and to permit escrow officer to pay such Commission or Fee directly from the proceeds of the sale if sufficient funds are available therein. 4. Broker's Warranties. Broker warrants that he is duly licensed by the ____________ State Real Estate Department as a broker, and his salespersons are similarly licensed as salespersons. 5. Seller's Warranties. Seller warrants that he is the owner of the Real Property and holds title as indicated herein. 6. General Provisions. The parties incorporate by this reference the terms of the CONTRACTUAL BILL OF RIGHTS FOR ____________ as though fully set forth herein. - 3 -