Exclusive Listing Agreement This Agreement “Agreement” is by and between Prime Sites USA LLC a Florida Licensed Real Estate Corporation “PSUSA” by fku17725

VIEWS: 37 PAGES: 5

More Info
									                                            Exclusive Listing Agreement


This Agreement (“Agreement”) is by and between Prime Sites USA, LLC, a Florida Licensed Real Estate
Corporation (“PSUSA”), and ___________________________________________
(“Seller”). The Seller hereby grants to PSUSA the exclusive right to sell the Property identified herein
pursuant to the terms of this Agreement.

1. Property ID./ Name. Property subject to this Agreement is commonly known as Property ID No.
________________       Name ________________________________________________ (“Property”), and
includes the real and personal property located thereon. See “Exhibit A” attached hereto for Legal
Description and Property Appraiser Information and “Exhibit B” for Personal Property Inventory.

2. Price and Terms. The Property is offered for sale as follows:

         A. Asking Price: $__________________________________
         B. Terms:_______________________________________________________
         ________________________________________________________________

3. Effective Date and Termination Date. The term of this Agreement is as follows:

         A. Effective Date: _______________________, 2___.
         B. Termination Date: _________________________, 2____.

The parties acknowledge and agree that this Agreement will automatically extend through the closing,
option, exchange or lease of all or part of the Property.

4. Commission. If Property, or any portion of Property thereof, is sold, optioned, exchanged, or leased (or
contracted to be sold, optioned, exchanged, or leased) during the term of this Agreement, upon price and
terms acceptable to Seller, then Seller agrees to pay PSUSA a commission at closing an amount equal to
____________ percent (____%) of the purchase price (or gross option, exchange or lease value) of the
Property, or a flat fee of _____________________ dollars ($________________), whichever is greater. If
PSUSA sells the Property as a result of a co-brokerage with another real estate licensee, the commission
will be an amount equal to ____________ percent (____%) of the purchase price (or gross option, exchange
or lease value) of the Property, or a flat fee of _____________________ dollars ($________________),
whichever is greater. Commission shall be paid in full without offset or reduction. In the event of Buyer
default, PSUSA shall be entitled to receive fifty percent (50%) of all funds retained on deposit by the Escrow
Agent as liquidated damages.

5. PSUSA Obligations. Seller acknowledges and agrees that PSUSA shall:

         A.   Use earnest and good faith effort to find a ready, willing and able Buyer for the Property in
              accordance with the price and terms set forth herein;
         B.   Market or otherwise promote the Property as PSUSA deems appropriate, including marketing
              via the internet, electronic means and/or print media;
         C.   Use professional knowledge and skill to present Property to Buyers;
         D.   Present all written offers to Seller received by PSUSA; and
         E.   Cooperate with Seller to keep sale, lease, option, or exchange of all or part of the Property,
              and negotiations thereto, confidential with respect to Seller’s employees.




                             Seller Initials: ________   /     Seller Initials: ________


         Prime Sites USA, LLC, Florida Licensed Real Estate Corp., CQ-1009311, Carl Carlsson, Broker
   PSUSAMail@Yahoo.com / www.PrimeSitesUSA.com / Mailing Address: PO Box 327, Palm Harbor, FL 34682

Property ID: _____________

Form ELA 01-15-10
6. Seller Obligations. In consideration of PSUSA’s Obligations, Seller agrees to:

         A.   Provide PSUSA with access to Property at reasonable times with proper notice;
         B.   Provide PSUSA with financial information to be shared with prospective Buyers who have
              signed a Non-Disclosure Agreement;
         C.   Notify PSUSA of all events, facts, or information that may materially affect Property’s value or
              desirability and are not readily observable, including building code violations and unobservable
              defects in the Property;
         D.   Indemnify and hold PSUSA harmless from losses, damages, costs, and expenses of any
              nature, including attorneys fees, and from all liability that PSUSA incurs because of Seller's
              negligence, representations or misrepresentations, actions or inactions, or the existence of
              undisclosed material facts;
         E.   Direct any and all inquiries regarding to the sale, purchase, lease, option, exchange,
              governmental action, bankruptcy, or any other means of transfer or otherwise of Property
              directly to PSUSA;
         F.   Negotiate directly through PSUSA and not circumvent this Agreement by negotiating directly
              with, or entering into any agreement with, prospective Buyers without the direct participation
              and involvement of PSUSA during the term of this Agreement;
         G.   Inform PSUSA prior to leasing, mortgaging, optioning or otherwise encumbering the Property;
         H.   Perform any act reasonably necessary to comply with FIRPTA (Internal Revenue Code
              Section 1445);
         I.   Consult appropriate professionals for related legal, tax, property condition, environmental,
              foreign reporting requirements, and other specialized advice; and
         J.   Offer Property to prospective Buyers without respect to race, color, creed, sex, familial status,
              national origin, handicap, or any other illegal discrimination under federal, state, or local law.

7. 365-Day Protection Period. PSUSA shall have a 365-day protection period (“Protection Period”) on the
Property. If the Seller transfers or conveys by sale, option, exchange or lease (or contracts to transfer or
convey by sale, option, exchange or lease) the Property, or any portion or interest in Property, within 365
days after Termination Date, to any Buyer with whom PSUSA, or any other real estate licensee, has
communicated regarding the Property during the term of this Agreement, then the Seller is liable for the full
commission due PSUSA pursuant to Paragraph 4 of this Agreement.

8. Terms: “Property” includes the Property and business interests pursuant to this Agreement. “Acquisition”
or “acquires” includes the purchase, option, exchange, lease, share or stock purchase of all or part of the
Property. “Buyer” includes the Buyer’s agents, assigns, partners, associate companies and shareholders,
employees, family members and/or any other party representing the interest of Buyer pursuant to this
Agreement.

9. Authority. Seller represents that Seller has the authority to enter into this Agreement and is legally entitled
to convey the Property and its improvements. Seller grants to PSUSA the permission to record this
Agreement (or Notice or Affidavit thereof) upon the public records, thereby placing an enforceable lien upon
the Property for the commission due PSUSA; this Agreement shall be the express consent to do so as
required by Florida Statute 475.

10. Entire Agreement. This Agreement sets forth the entire Agreement between PSUSA and Buyer.

11. Law. This Agreement is governed by the laws of the State of Florida and shall be binding upon Buyer’s
heirs, successors, and assigns. The parties hereby consent to personal jurisdiction and venue for any
breach or threatened breach of this Agreement in the Circuit Court in and for Pinellas County, Florida.




                             Seller Initials: ________   /     Seller Initials: ________


          Prime Sites USA, LLC, Florida Licensed Real Estate Corp., CQ-1009311, Carl Carlsson, Broker
    PSUSAMail@Yahoo.com / www.PrimeSitesUSA.com / Mailing Address: PO Box 327, Palm Harbor, FL 34682

Property ID: _____________

Form ELA 01-15-10
The undersigned have read this Agreement and understand and agree to its contents. This Agreement
cannot be modified except by express written consent of the parties.


Acknowledged and Agreed to by Seller:

Date: ____________, 2___

Seller’s Signature:_____________________________________________________

Seller’s Printed Name: ___________________________________________________

Address: ______________________________________________________________

Tel: _______________________________ / Fax: _____________________________

Email:________________________________________________________________

Website:_______________________________________________________________


Acknowledged and Agreed to by Prime Sites USA, LLC:

Date: ____________, 20_____

Associate Signature: ____________________________________________

Associate Printed Name: : _________________________________________



                                  Fax signed document to Prime Sites USA
                                               727-499-7520




                             Seller Initials: ________   /   Seller Initials: ________


         Prime Sites USA, LLC, Florida Licensed Real Estate Corp., CQ-1009311, Carl Carlsson, Broker
   PSUSAMail@Yahoo.com / www.PrimeSitesUSA.com / Mailing Address: PO Box 327, Palm Harbor, FL 34682

Property ID: _____________

Form ELA 01-15-10
                                                   “Exhibit A”
                              Legal Description and Property Appraiser Information




                             Seller Initials: ________   /    Seller Initials: ________


         Prime Sites USA, LLC, Florida Licensed Real Estate Corp., CQ-1009311, Carl Carlsson, Broker
   PSUSAMail@Yahoo.com / www.PrimeSitesUSA.com / Mailing Address: PO Box 327, Palm Harbor, FL 34682

Property ID: _____________

Form ELA 01-15-10
                                                     “Exhibit B”
                                             Personal Property Inventory




                             Seller Initials: ________    /     Seller Initials: ________


         Prime Sites USA, LLC, Florida Licensed Real Estate Corp., CQ-1009311, Carl Carlsson, Broker
   PSUSAMail@Yahoo.com / www.PrimeSitesUSA.com / Mailing Address: PO Box 327, Palm Harbor, FL 34682

Property ID: _____________

Form ELA 01-15-10

								
To top