EXCLUSIVE LISTING AGREEMENT For and in consideration of the mutual

EXCLUSIVE LISTING AGREEMENT For and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, _________________________________________ as seller (hereinafter Seller), and Milestone Realty, Inc, dba DiscountListing.Net, and its licensees (hereinafter collectively Broker) hereby enter into this Agreement, this ___________ day of _____________________, 200_____. 1. Legal Description of Property. The property that is the subject matter of this Agreement is all that tract or parcel of land lying and being in Land Lot _________ of the _________ District, _________ Section, ____________________, County, Georgia, and being known as Lot __________, Block __________ of the __________________________ Subdivision according to the plat recorded in Plat Book __________ Page ________, ____________________ County Records and being improved property known as ____________________________________________ (Street) ________________________ (City), Georgia _____________ (Zip Code)(hereinafter the Property). The full legal description of the Property is the same as is recorded with the Clerk of the Superior Court of the County in which the Property is located and is made a part of this Agreement by reference. 2. Exclusive Right to Sell. Seller hereby grants to Broker as a transaction broker for the Seller the exclusive right and power to advertise and offer for sale the Property during the term of this Agreement. Seller has determined that Broker shall market the Property for sale at an asking price of $_____________________________ or such other price as Seller may designate in writing to Broker. 3. Term. The term of this Agreement shall begin on ____ Day of ___________________, 200___ and shall continue for a one hundred and eighty day period, to the ____ Day of ____________________, 200___, at which time it shall expire, unless sooner terminated as provided herein. Seller shall have the right to terminate this Agreement during the term hereof by giving Broker a written notice of termination. GAMLS and FMLS withdrawal fees shall apply. 4. Broker's Duties To Seller. Broker's sole duties to Seller shall be to: (a) act as a transaction broker with regard to the sale of the Property and to perform only ministerial acts for the benefit of Seller; and (b) comply with all applicable laws in performing its duties hereunder including the Brokerage Relationships in Real Estate Transaction Act, O.C.G.A. Section 10-6A-1 et seq. Broker will advertise the Property to prospective buyers without regard to race, color, religion, sex, handicap, familial status or national origin. Broker shall not have any agency relationship with Seller and shall not represent Seller or owe Seller any fiduciary duties. 5. Seller's Duties to Broker. Seller represents that Seller: (a) presently has title to the Property or has full authority to enter into this Agreement; and (b) will provide Broker with accurate information regarding the Property, including information concerning all adverse material facts pertaining to the physical condition of the Property. 6. Marketing. A. Seller acknowledges and agrees that by virtue of making his or her listing available through the FMLS network, which enables all FMLS member offices and agents to have immediate electronic access to seller’s listing information for the purpose of assisting Seller in the sale of his or her property, Seller has, for this purpose only, established a business relationship with the brokers and agents that are members of FMLS. B. Services and Compensation: Broker shall provide Seller with the following: Seller’s Initials Power MLS Package: (1) provide seller with a Milestone Realty “For Sale” yard sign; (2 provide Seller with Supra lockbox; (3) provide Seller with a Seller’s Property Disclosure Statement; (4) provide Seller with a Comparative Market Analysis, CMA, and (5) offer information to Seller by Milestone Realty, Inc. DBA DiscountListing.net Page 1 of 4 telephone and e-mail (upon request). Seller agrees to pay Broker a non-refundable marketing fee of $399.00 at the time that this Agreement is signed by all parties. In the event that Seller terminates this Agreement prior to the expiration of the term hereof, Seller shall not be entitled to a refund of any of the marketing fee previously paid to Broker. Seller shall be solely responsible for compensating any other broker involved in the sale of Seller’s Property as a buyer’s broker, including Milestone Realty, Inc. Seller authorizes Broker to advertise in GAMLS and FMLS that Seller will pay a real estate commission to a buyer’s broker in the amount of _______ % of the purchase price of the Property paid at closing. [In the event the percentage in the preceding sentence is not filled in, Broker shall advertise in GAMLS and FMLS that Seller will pay a real estate commission to a buyer’s broker in the amount of 3% of the purchase price of the property paid at closing]. Seller is also responsible for the FMLS fee of 0.12%, calculated as Sales Price X 0.0012. This fee is paid at closing. C. Lockboxes: There have been isolated instances of reported burglaries of homes on which lockboxes have been placed and for which the lockbox has been alleged to have been used to access the home. In order to minimize the risk of misuse of the lockbox, Broker recommends against the use of lockboxes on door handles that can be unscrewed from the outside or on other parts of the home from which the lockbox can be easily removed. Since others will have access to the Property, Seller agrees to either remove all valuables located on the Property or put them in a secure place. Seller’s Initials D. Multiple Listing Services: Seller acknowledges that Broker is a member of the following multiple listing services: First Multiple Listing Service (FMLS), and Georgia Multiple Listing Service (GAMLS) (hereinafter Services). Broker agrees that it will file this listing with the Services within 2 (two) business days after payment has been received and Seller signs this Agreement (excepting weekends, federal holidays and postal holidays). Seller acknowledges that the Services are not parties of this Agreement and are not responsible for errors or omissions on the part of Seller or of Broker. Seller agrees to pay any multiple listing service fees, including the 0.12% closing fee and any early termination fees. Seller agrees to indemnify the Services from and against any and all claims, liabilities, damages or losses arising out of or related to the listing and sale of the Property. The Property will also be listed on realtor.com, homeadvisor.com and MilestoneRealty.net. Other broker members of the Services may republish such information on their Internet web sites. Seller’s Initials 7. Seller’s Right to Sell By Owner. In the even the seller procures a buyer on his/her own, and said buyer is NOT represented by a licensed agent, no buyer’s broker commission is due to Broker. The only fee due is the 0.12% FMLS closing fee. Seller’s Initials 8. Limits on Broker's Authority and Responsibility. Seller acknowledges and agrees that Broker: (a) is not an expert with regard to matters that could be revealed through a survey, title search, or inspection; the condition of the Property; the necessity, or cost of repairs; hazardous or toxic materials; the availability and cost of utilities or community amenities; conditions existing off the Property that may affect the Property; uses and zoning of the Property; the appraised or future value of the Property; termites and wood-destroying organisms; building products and construction techniques; the tax or legal consequences of a contemplated transaction; or matters relating to financing. (If these matters are of concern to Seller, Seller is hereby advised to seek independent expert advice on any of these matters of concern to Seller.); (b) shall owe no duties to Seller nor have any authority to act on behalf of Seller other than what is set forth in this Agreement; (c) may make all disclosures required by law; (d) may disclose all information about the Property to others; and (e) shall, under no circumstance, have any liability, greater than the amount of the marketing fee paid hereunder to Broker. Seller agrees to indemnify and hold Broker harmless from any and all claims, causes of action, or damages arising out of or relating to: (a) Seller providing Broker incomplete and/or inaccurate information; (b) the handling of earnest money by anyone other than Broker; or (c) any injury to persons on the Property and/or loss of or damage to the Property or anything contained therein. 9. Seller's Property Disclosure Statement and Official Georgia Wood Infestation Report. Within five days of the date of this Agreement, Seller agrees to provide Broker with a current, fully executed Seller's Property Disclosure Statement. Additionally, within fifteen days of the date of this Agreement, Seller agrees to provide Broker with an Official Georgia Wood Infestation Report dated not more than one hundred eighty (180) days from Milestone Realty, Inc. DBA DiscountListing.net Page 2 of 4 the date of this Agreement. Broker is hereby authorized to distribute these documents to prospective buyers interested in the Property. 10. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties hereto, and no modification of this Agreement shall be binding unless signed by all parties. No representation, promise, or inducement not Included in this Agreement shall be binding upon any party hereto. 11. Fees. Seller understands both GAMLS and FMLS charge a $25 withdrawal fee. In the event Seller decides to withdraw property from GAMLS and FMLS, Seller is responsible for both these fees. Broker cannot withdraw any listings from GAMLS and FMLS without receipt of the withdrawal fee. In the event Seller is transferring the listing to a new real estate broker, said withdrawal fee is waived by GAMLS and FMLS. Seller understands FMLS charges a fee of 0.12%, or 0.0012 of the sales price, for every property sold through the FMLS system. This fee is the Seller’s responsibility and is paid at closing. This fee shall be paid at closing and shall be figured out using the following formula: Sales Price X 0.0012 = FMLS Fee. This fee is collected by FMLS. Broker has no control over it. Seller’s Initials 12. Supra Lockboxes and Yard Signs Seller understands the Supra iBox (lockbox) and Milestone Realty yard sign are made available by the Broker to help market seller’s property. The Supra lockbox and yard sign remain properties of the Broker and are made available to the seller temporarily. After the seller’s house sells, expires, or is withdrawn, seller understands and agrees that the Supra iBox and Milestone Realty yard sign will be returned to Broker. It is the seller’s responsibility to either return the lockbox and sign to Broker, or work with one of Broker’s representatives to have these items picked up. In the event the Supra Lockbox and yard sign ARE NOT returned to Broker within 10 (ten) business days of the closing, expiration, or withdrawal or seller’s property, seller agrees to pay a $150 nonrefundable fee. Seller’s Initials 13. Seller’s Under Contract Responsibilities. Seller is responsible for providing Milestone Realty with a fully executed contract within 48 hours of binding agreement. Our office will need to be notified immediately of the contract and provided a copy as well in order update the listing accordingly. Seller is also responsible for providing Milestone Realty with the name and numbers of the closing attorney for the transaction once it’s available as well. If property is under contract and our office is NOT notified within 48 hours, the Seller will be responsible for any and all penalty fees that apply for not having the property listing information current. The penalty fees will depend on GAMLS and FMLS as they are applied due to non-compliance with current up-to-date listing information. Seller’s Initials 14. Special Stipulations: BY SIGNING THIS AGREEMENT, SELLER ACKNOWLEDGES THAT: (1) SELLER HAS READ ALL PROVISIONS AND DISCLOSURES MADE HEREIN; (2) SELLER UNDERSTANDS ALL SUCH PROVISIONS AND DISCLOSURES AND HAS ENTERED INTO THIS AGREEMENT VOLUNTARILY; AND (3) SELLER IS NOT SUBJECT TO A CURRENT LISTING AGREEMENT WITH ANY OTHER BROKER. 1. Seller retains the right to terminate this agreement at any time, with the following stipulations: Seller is responsible for the FMLS and GAMLS early termination or withdrawal fee, of $25 each. This fee is the Seller’s responsibility and must be paid before listing can be withdrawn. This fee does not apply when listing is being transferred to a different real estate broker. Milestone Realty, Inc. DBA DiscountListing.net Page 3 of 4 RECEIPT OF A COPY OF THIS AGREEMENT IS HEREBY ACKNOWLEDGED BY SELLER. The above Agreement is hereby accepted, ________ o'clock _____ .m., on the ________ day of _________________, 20______. MILESTONE REALTY, INC BROKER MIST01 MLS OFFICE CODE H-45149 BROKERAGE FIRM LICENSE # SELLER’S SIGNATURE PRINT OR TYPE NAME By: BROKER OR BROKER’S AFFILIATE LICENSEE TRI L. BUI PRINT OR TYPE NAME 208520 AGENT’S GEORGIA REAL ESTATE LICENSE NUMBER SELLER’S SIGNATURE PRINT OR TYPE NAME PHONE NUMBER STREET ADDRESS CITY, STATE, ZIP CODE Milestone Realty, Inc. 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