Basic Package

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Project Details: By entering your address, you certify that you are the owner of this property.

Agreement

Please read the agreement carefully before proceeding to payment.

EXCLUSIVE LISTING AGREEMENT

  1. THIS AGREEMENT confirms that ("Owner") has appointed and grants to HighRiseNY("Listing Broker") the exclusive right to sell Property located at (the “Property").
  2. PURPOSE: Owner desires to sell the real property ("Property") with address stated above and hereby engages Listing Broker to exclusively list and sell the property on behalf of the owner.
    • Owner represents and warrants to Listing Broker that he/she is the owner of the Property and is fully authorized to sell the Property and to enter into this Agreement. Owner represents and warrants to Listing Broker that the maintenance charges and number of shares (or common charges and real estate taxes) for the Property, if applicable, will be accurately reflected in any contract for the sale of the Property.
  3. PERIOD OF AGREEMENT
    • This Agreement shall start immediately on and shall expire at midnight on . This agreement may be cancelled at any time with 5 days notice but not prior to the duration of at least one month of this agreement. In the event of such cancellation of agreement occurs prior to the originally agreed expiration date, Owner agrees to forfeit any fees paid to listing agent.
  4. PRICE AT WHICH PROPERTY WILL BE OFFERED AND AUTHORITY
    • The Property will be offered for sale at a list price of $and shall be sold, subject to negotiation, at such price and upon such terms to which Owner may agree.
    • Monthly maintenance/ common charges Property are
    • The real estate taxes, if applicable are


      Listing broker is entitled to and owner shall pay one time activation fee of $399 to Listing Broker.This payment of this activation fee is due on, or before the start date of this exclusive agreement. The basic package service is a listing service for the duration of 6 months. The basic package service can be canceled with 5 days written notice request by the owner but not prior to the duration of at least one month of this service agreement.

      In the event the property is not sold within the 6 months period and Owner does not willfully fail to close on the Property, after a contract of sale is fully executed, then listing agent will fully refund the activation fee to owner within 30 days.
      This agreement creates an exclusive agreement to market owner’s property and limits the performance requirements of listing broker as set forth. With the basic package, listing broker is not representing itself to the owner as a full service real estate agency but instead has limited obligations. Listing broker will place the property on local MLS and all affiliated websites during the term provided here. Listing broker will prepare a comparative analysis report, and free placing of advertisement for property on websites such as but not limited to: Street Easy, Zillow, Tulia, Highriseny and others which listing broker finds appropriate to market the listing of the apartment for sale. Owner gives right to listing broker to advertise the listing information in any medium or media including electronic formats and included but not limited to the Internet.

      Owner authorizes listing broker to report to the MLS this listing information and price, terms and financing information. Listing broker is not subject to any further real estate brokerage services such as but not limited to: holding open houses, handling of direct clients and buyers brokers requests and follow ups, attending closing, preparing board packages or any such service pertaining to the service provided by a full service broker. Those obligations remain to be within the domain of the owner and solely his/her responsibility. Therefore listing broker will forward all inquiries either direct or made via buyer’s broker directly to owner.

      Owner has full responsibility to: photograph the property, create listing editorial, accommodate appointments, follow up with buyers and maintain communication with potential buyers as owner finds appropriate. Owner authorizes listing broker to use and display all photos associated with the property in any manner that broker to be consistent with the promotion of the property. Owner understands and agrees that placing the listing in local MLS will attract the interest of buyers who already work with agents and in such circumstances of a broker other than the listing agent procures the buyer, the owner will, at closing of the sale of the property compensate buyer’s broker 2.5% of the purchase price pursuant to separate agreement. Payment of the commission shall be dispensed from the proceeds paid to the Owner at the closing and shall be in the form of a certified check or attorney's trust check. Any commission due to a Buyer's Agent shall be paid directly to the Buyer's Agent. No further compensation will be due to listing broker. read more

      Owner shall provide listing broker with all information requested and said information shall be completed in full by the owner. Owner represents that the information is true and accurate to the best of owner’s knowledge. Owner understands that the listing broker does not conduct any further investigation of the property to verify the information provided by the owner and listing agent is not responsible for any inaccuracies. Owner agrees to abide under the local MLS rules and regulations hence owner accepts the following:


      1) To not advertise the Property via another source or agent from a different company at an asking price or a price lower than the MLS Listing Price.

      2) To notify Listing Broker of any executed contract by providing a copy of the contract for sale and purchase within twenty-four (24) hours following the effective date of the contract.

      3) To notify Listing Broker of the name and phone number of the settlement agent or attorney.

      4) To notify Listing Broker of final closing price by providing a copy of the closing settlement statement (HUD-1) within twenty-four (24) hours after the closing of the sale.

      f) Seller will notify Listing Broker of any changes to the listing. Listing Broker will make requested changes as deemed necessary, at Listing Broker’s sole discretion. Seller agrees to execute any necessary forms to effectuate the requested changes.


      Owner will indemnify Listing Broker and hold Listing Broker harmless from losses, damages, costs and expenses of any nature, including attorney’s fees and from liability to any person that Listing Broker incurs because of (1) Seller’s negligence, representations, misrepresentations actions or inactions, (2) the existence of undisclosed material facts about the Property,or(3)a court or arbitration decision that a Broker who was not compensated in connection with a transaction is entitled to compensation from Listing Broker. In any litigation arising out of this Agreement, the Seller/Mediator will be responsible for the attorney’s fees and court costs of Listing Broker as described in this paragraph 6(f). This clause will survive Listing Broker performance and the transfer of title.

      13. Owner and Agent agree that for purposes of this Agreement, electronic signatures shall be deemed as originals, and this Agreement may be executed in counterparts. Upon execution by Agent, Agent shall deliver a fully executed copy of this Agreement to Owner by electronic mail.

      Any controversy or claim arising out of or relating to this Agreement or breach of performance thereof shall be settled by arbitration (by three arbitrators) in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court in the State of New York having jurisdiction there over. Any such arbitration shall take place in the State of New York, City of New York, and County of New York. In the event that Listing Broker does not elect to arbitrate, then any action brought pursuant to this Agreement or arising in connection therewith shall be brought in any court within the State, City and County of New York with jurisdiction there over and the parties hereto hereby agree to the exclusive jurisdiction of such courts. This Agreement shall bind and benefit the personal representatives, successors and assigns of the parties hereto. This Agreement, which constitutes the entire agreement between Owner and Listing Broker, may not be changed, rescinded or modified except in a writing signed by both parties hereto.

      You hereby acknowledge that HighRiseNY has informed you of your obligations under the Lead Paint Disclosure Law (42 U.S.C. 4852(d)) and that you are aware of your responsibility to ensure compliance therewith.

      You hereby acknowledge that HighRiseNY has informed you of the FAIR HOUSING ACT which states the following: The Civil Rights Act of 1968 known as the Federal Fair Housing Law makes illegal any discrimination based on race, color, religion, sex or national origin in connection with the sale of rental of housing. The 1988 amendment to this Act (The Fair Housing Amendment Act of 1988) expands the coverage of this law to handicapped persons and families with children. Agent and Owner agree to comply fully with the State and local status and Federal Fair Housing laws.

      You hereby acknowledge that highRiseNY has informed you of the difference between “Exclusive Right to sell” listing and “Exclusive Agency” listing.


      An ‘exclusive right to sell” listing means that if you, the owner of the property find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker. An ‘exclusive agency” listing means that if you, the owner of the property find a buyer, you will not have to pay a commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and tour present broker.


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