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Exclusive Agency and Flat Fee Agreement
For Limited Representation Listing

 

The Parties:
This agreement is entered into between _____________________________________________ (‘Seller”) and Oregonhomesbyowner.com LLC. (Collectively, “Broker”), and shall become effective on the date it is signed by all parties. Any party can terminate this agreement in writing at any time with no repercussions. All Sales Final/Listing input fee is non-refundable.

The Property: Situated in the State of Oregon/ Washington, County of _____________   , and commonly known or identified as

(Street address) ___________________________________, (City) _________________, (Zip code) ___________
(And/or lot-block description) (“The Property”).

List price: $_____________________.

Seller and Broker agree as follows:

No Agency Relationship:
Seller and Broker agree that broker is not and will not act as seller’s agent or otherwise act on seller’s behalf in regards to the advertising,
marketing or sale of seller’s property. Seller agrees to notify Broker upon acceptance of any offer to purchase the Property
or any changes which affect the property status. Seller is subject to fines of $100 per listing which are not updated as to pending or
sold status within four (4) days of acceptance or closing. In the event Seller fails to notify Broker of changes to listing or status within a
timely manner Seller agrees to pay any such fines or fees levied. Seller is not responsible for fines resulting from Broker’s negligence or
failure to input written changes in a timely fashion.


Agreement to Enter into RMLS:
Broker agrees to enter Seller’s property into RMLS system for the fee of $250.00 Broker does not agree to market property; or to otherwise
assist in the sale of the property on seller’s behalf. Seller does NOT grant to Broker the exclusive right to sell Property. Seller understands
that personal contact information is excluded from viewing on RMLS public Website.

This agreement is to expire at midnight 180 days after input into MLS.  Seller may choose Date of Input to MLS________, if not input shal be ASAP upon receipt of signed Exlcusive Agency Limited Reprsentation Listing Agreement and completed MLS Data Input.

Services and Authority:
FOR SALE SIGNS: Seller shall be free to use whatever signs desired. Broker shall not be responsible for placement of For Sale signs on subject property. Signs and flyer boxes are available for an additional fee.

KeySafes: Seller is not required to utilize a Broker keysafe but shall shall have the option of purchasing Electronic Keysafe through Oregonhomesbyowner.com when available.

Seller will bear any and all risk of loss or damage associated with the use of said Keysafe. Keysafe purchase fees are available on the website in our marketing tools section. Electronic Keysafes may not be available in certain areas.

Keysafe purchase:

Oregonhomesbyowner.com has a Keysafe Buy-Back program, if keysafe is returned to Oregonhomesbyowner.com is good working order seller will be reimbursed 30% of purchase price.  Seller may sell Keysafe to other Broker, if so ownership of keysafe will be transfered to said Broker upon written request by Seller.

Seller will be responsible for placement and removal of Keysafe.  We encourage that placement of Keysafe on property is easily accessible and secure.

At sellers request e-mail of Broker access/showing activity reports when available.  No more than one e-mail per week and requires e-mail request.  Information provided will be Brokers Name, phone number and showing date.

Seller Initials: ________ Seller Initials: ________ Date: _________

 

DEPOSITS: Seller does NOT authorize Broker to accept earnest money or other deposits on Seller’s behalf.

Seller Initials: ________ Seller Initials: ________ Date: _________

SALE AGREEMENTS AND DOCUMENTATION:

  • Seller does not authorize Broker to accept any Sale Agreement, Addendums or other Documentation on Seller’s behalf.
  • Seller agrees to ensure that Brokers name does not appear on any transaction paperwork accepted by Seller.
  • In the event Brokers name does appear on any Sale Agreement, Addendum or other Transaction Documentation or Paperwork Seller shall take immediate steps to correct such documentation and remove Broker’s name.

Buyer Agent Compensation:

In consideration of services seller agrees:

  • To offer and pay compensation to any Buyers Broker including Brokers Affiliate Company Cobalt Realty Group LLC or network members as set forth in this Agreement.
  • Honor Buyer Agent Compensation as reported in RMLS Listing Data Input or any such compensation mutually agreed upon by Seller and Buyers Broker at time of offer presentation and acceptance of sale agreement.
  • Buyer Agent Compensation (BAC) shall be a minimum of 1.5% of Sales Price or equivilant fixed dollar amount.  Fee to be determined prior to Activation in  MLS.
  • Seller shall be solely responsible for determining amount of compensation offered to Buyers Broker (BAC)
  • Any desired change of Buyer Agent Compensation requires a minimum of 24 hours notice in writing; to allow listing to be updated in RMLS providing proper notification to Buyers Brokers. In the event written notice of compensation change has not been made in the time frame specified seller agrees to honor such compensation as stated in RMLS listing.
  • Sellers can offer a Percentage of Sale Price or Flat Fee.

Seller is offering Buyers Broker Compensation in the amount of _________% or a Flate Fee in the amount of $_________.

Sellers Initials: ____________ Seller Initials: ________

Seller’s Representations and Warranties:

Seller represents and warrants to Broker that

  • Seller has full authority to enter into this agreement and convey the Property to a buyer.
  • Information on the attached Listing Data Input Form is correct and complete.
  • As of the date of the sale of the Property and transfer of possessions, all aspects of the Property will be in substantially their present condition and free of material defects.
  • Before close of Escrow, Seller will install an approved smoke detector in the building(s) located on the Property, as required by law.
  • Seller shall follow all laws with respect to transfer of Real Property within the State of Oregon.
  • If property contains an uncertified Woodstove will follow the applicable Law regarding removal or certification.

Indemnity and Hold Harmless:
Seller shall defend, indemnify and hold harmless Oregonhomesbyowner.com LLC., it’s licensees, Cooperating brokerages, and it’s licensees from any liability, claims, damages, causes of action or suits arising out of, or relating to any breech of the representations and warranties as a result of sellers failure to disclose any material information or defects to any and all parties upon entering into a sale agreement.

Authority to Advertise:
Seller: Authorizes broker to include property in general office advertising and marketing. Seller hereby agrees that any such advertisement
and inclusion in general marketing shall be at the discretion of Broker and for the sole benefit of Broker such advertising may include sellers
personal contact information but is not guaranteed. This agreement is not an obligation on Brokers part. Seller may contract Broker to
assist in advertising on a “pay as you go” or month by month basis through Oregonhomesbyowner.com website.


Date of Brokers Signature __________________                   Date of Seller’s Signature______________________
Broker Signature: Norm Brock                                                      Seller ______________________________________
Firm Name: Oregonhomesbyowner.com LLC.                          Seller______________________________________
Date of Principal Brokers Signature_________                        Address____________________________________
Principal Broker Signature: Norm Brock
Address P.O. Box 24305 Eugene, OR. 97402
Phone 541-485-7792 or 877-485-7792                                      Sellers Contact Phone (W) ____________ (H) ______________

Fax: 541-334-6484

Copyright 2012 Oregonhomesbyowner.com LLC