EXCLUSIVE AGENCY LISTING AGREEMENT
Ohio Connect Realty – Attn: New Client Services
Phone (216) 502-3390, Toll-Free (888) 8-MLSConnect, Fax (216) 502-3392
This Exclusive Listing Agreement is between ____________________________________ (Seller) and
Ohio Connect Realty (“OCR”) (Broker).
1. AUTHORITY TO LIST PROPERTY: Seller hereby appoints OCR as Seller’s Exclusive Broker
limited to listing the Property as described below, at the price described below, beginning the _____ day of
_______________, 200__ and terminating at 11:59 P.M. the ______ day of _________________, ______
(Termination Date – 6 months if left blank, listing term may be up to 6 months). Upon full execution of
contract for sale and purchase of the property, all rights and obligations of this Agreement will
automatically extend through the date of the actual closing. Seller certifies and represents that Seller is the
legal title holder and entitled to convey the Property and all improvements. In the event of a sale or
exchange, Seller agrees to a) Furnish a title policy showing good and marketable title to said property and
convey title with full covenants or warranty and release of dower, and b) Convey a marketable title by good
and sufficient Deed of General Warranty or Fiduciary Deed if that is the appropriate capacity with all
dower rights released.
2. DESCRIPTION OF PROPERTY: Real Property (Street Address, City, Zip) ____________________
County_____________________ Permanent Parcel # or Tax I.D. _________________________________
Items such as wall-to-wall carpeting, garage door openers, smoke detectors, built-in appliances, light
fixtures, landscaping and many indoor and outdoor decorative items may legally be “fixtures” and, if so,
they must remain with the house unless specifically excluded in the Purchase Agreement. If you are
uncertain which items you may take and what should remain with the house, make specific provisions for
these items in the Purchase Agreement to avoid confusion, and seek professional advice.
3. PRICE: The Property and all improvements are offered for sale at a selling price of
$___________________. Seller is solely responsible for determining the appropriate listing price. Seller
reserves the right to amend the listing price. Any changes to the listing price will not be effective until
submitted to Broker in writing, signed by Seller, and submitted to the Multiple Listing Service (the “MLS”)
by Broker. OCR shall make any modifications and changes in the MLS pursuant to the MLS rules.
4. BROKER COMPENSATION: (a) Seller has already paid OCR a listing fee, and no other fees are due
to list the property. The listing fee is earned upon the execution of this agreement by Seller.
(b) Seller authorizes Broker to make an offer of compensation (the “Cooperating Commission”) of
_______ (%) of the purchase price [3% if left blank] to all participating brokers (and their agents, sub
agents and buyer agents) in the MLS (“Cooperating Brokers”). Any changes to the Cooperating
Commission will not be effective until submitted to Broker in writing, signed by Seller, and submitted to
the MLS by Broker.
(c) Seller agrees to pay the Cooperating Commission when a Cooperating Broker represents and introduces
the Property to a ready, willing and able buyer. The Cooperating Commission shall be paid at closing.
Upon the sale of the Property, and only upon its sale, Broker shall be paid an additional administrative fee
of $199, which fee shall not be in addition to the stated commission above, but shall be deducted from the
Cooperating Commission owed at closing. For example, upon the sale of a $500,000 home with a 3%
commission, the Cooperating Broker will receive a commission of $14,801 ($15,000-$199).
(d) Seller must pay the Cooperating Commission if, within six (6) months after this listing expires
(including extension) or is terminated, Seller enters into a contract to transfer the Property, or transfers a
legal or equitable interest (excluding a lease with no right to purchase) in the Property, to any prospects
with whom any real estate licensee communicated regarding the Property during the term of the listing of
which Seller has received verbal or written notice. The term “buyer” is broadly construed to include any
individual or entity to any capacity and any type (or portion) of transfer of a legal or equitable interest in
the Property. Should Seller default in the performance of a sales contract signed by Seller and a prospective
buyer, Seller must pay the Cooperating Commission as if the sale of the Property had been consummated,
and any expenses, including reasonable attorney’s fees incurred in connection with such default or the
enforcement of this Agreement. Broker will retain the listing fee in all circumstances, including, without
limitation, when a buyer is found for the Property or in the event Seller is unable to sell the Property.
Under this Agreement, the Seller can sell his/her Property himself/herself to any buyer not procured
or represented by a Cooperating Broker, in which case no selling agent commission is due.
5. SELLER'S REQUIREMENTS: (a) Seller shall provide OCR with all the Property information
requested and represents that said information is true and accurate to the best of Sellers knowledge. Seller
is responsible for any and all inaccuracies contained in the information provided to OCR and agrees to be
responsible for any fines assessed by the MLS for any MLS infractions caused by Seller as stated below.
Seller will be notified of the infraction and fines will be debited directly to Seller’s credit card information
on file. Seller understands that OCR does not conduct any investigation of the Property to verify the
information provided by Seller and is not responsible for the accuracy of the information. OCR shall input
the Property information with the local MLS in accordance with local MLS rules and regulations. Once the
information is input, OCR will send a copy of the listing, by e-mail or fax, to Seller for Seller’s approval.
Seller shall convey their approval by responding by e-mail or fax to Broker. The final listing will be
deemed approved by the Seller 24 hours after dissemination to Seller if Broker has not received an
(b) Seller agrees to notify Broker, within 48 hours, in the event of any of the following:
• Seller enters into a contract to sell the property.
• The contract for sale is terminated.
• All contingencies are removed from the contract for sale (i.e. financing, inspection etc.)
• Seller decides not to sell property.
• Closing or settlement.
These requirements are mandated by state licensing laws and MLS rules and regulations to which the
Listing Broker must adhere.
(c) Seller, upon entering into a contract of sale with a buyer, agrees to notify Broker, within 48 hours,
of the fact that Property is under contract, and will advise Broker of the name and phone number of the
settlement agent or attorney and provide a complete fully executed copy of the purchase/sale agreement and
all addendum thereto. The failure to do so could result in a fine to OCR, which will be charged to the
Upon the sale of the Property, Seller agrees to deliver to Broker, the following documents or information:
• Copy of HUD-1 settlement statement or closing statement
• Copy of Sales Contract including all addenda and amendments, if any, and written verification by
the escrow agent that all required deposit(s) have been paid.
• Seller’s new address.
Initial _______ 2
(d) Seller may not terminate this Agreement while the Property is under contract. If this agreement expires
while the property is under contract Seller must comply with the above.
(e) Seller may not: Advertise the Property at a price that is lower than the Listing Price unless permitted by
the MLS in the subject property’s jurisdiction (please contact your OCR representative if you wish to
advertise a lower price than that in the MLS); or use the OCR name or logo in any advertisement placed
independently by Seller.
(f) MLS rules prohibit Seller and Seller therefore may not display a “For Sale By Owner” sign on the
property while Seller is listed on the MLS.
(g) Seller agrees that a failure to comply with the documentation requirements, as set forth in this
paragraph, subjects the Seller to a non-refundable administrative fee of $500 which will be charged to their
credit card on file. OCR will attempt to contact Seller at the email address or phone number on file before
any charges are assessed. Seller will have three business days to respond to this notice before the
administrative fee is processed. The processing of the fee does not absolve Seller from fulfilling their
obligations as set forth herein.
6. SELLER'S MANDATORY DISCLOSURES: I understand that the information which I provided to
OCR as listing information will be used to advertise my property to the public and it is essential that this
information be accurate. I HAVE REVIEWED THE MLS LISTING INPUT SHEET AND REPRESENT
THAT THE INFORMATION CONTAINED IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE. Though I am listing my property in its present physical condition (“AS IS” condition), I
understand that I may be held responsible by a Buyer for any latent or hidden undisclosed defects in my
property which are known to me but which are not disclosed to the Buyer at time of sale. I have completed
or will complete the Ohio “Residential Property Disclosure Form” before showing the Property to any
potential Buyer or Agent. I understand that the Disclosure and its contents will be shared with prospective
Buyers and with any person or entity in connection with the actual or anticipated sale of this Property. I
further agree to disclose any additional items which may become known to me prior to recording of the
deed. I understand that if prior to the acceptance of a purchase agreement, I do not provide said
“Residential Property Disclosure Form,” to the Buyer than the Buyer may rescind the purchase agreement
without penalty. When required by law I agree to complete the Ohio Lead-Based Paint Disclosure Form
and disclose any knowledge I have regarding the presence of lead-based paint and lead-based paint hazards
in the property.
Owner has been advised that if the Property contains housing constructed before 1978, Owner is required
(a) to provide the Buyer a federally approved lead hazard information pamphlet; (b) to disclose to Buyer
the presence of any known lead based paint and or lead based hazards on the Property; and (c) to provide
Purchaser any additional information, records or reports in Seller’s possession or available to Seller
pertaining to lead based paint hazards in the Property. In addition Owner must provide Buyer a 10-day
opportunity to conduct a risk assessment or inspection of the Property for the presence of lead-based paint
and or lead base paint hazards, unless waived by the Buyer in writing. Finally, any contract for the sale of
the Property shall include an attachment containing a Lead Warning States as well as the information and
disclosure described above.
Seller understands that the MLS input sheet, the Residential Property Disclosure Form and the Lead-Based
Paint Disclosure form (if applicable) are a part of this Exclusive Agency Agreement and that these
documents will be shared with prospective Buyers and any persons or entities who request a copy in
connection with the anticipated or actual sale of this property. SELLER IS NOT AWARE OF ANY
OTHER PROBLEMS OR DEFECTS IN THE PROPERTY, EXCEPT AS STATED ON THESE
DISCLOSURE FORMS. I AGREE TO INDEMNIFY AND HOLD OCR AND ITS AGENTS
HARMLESS FROM ANY AND ALL CLAIMS AND/OR DAMGES MADE BY THE BUYER OF THIS
PROPERTY FOR ANY ERRORS OR OMISSIONS I HAVE MADE ON THE MLS PRINTOUT SHEET,
THE RESIDENTIAL PROPERTY DISCLOSURE FORM AND THE LEAD BASED PAINT FORM.
Initial _______ 3
OCR recommends that Seller consult with legal counsel concerning Sellers disclosure requirements or the
completion of any disclosure form. Seller agrees to indemnify and hold OCR harmless for any violation of
any ordinance, regulation, and statute of law regarding Sellers disclosure obligations.
7. Seller Agrees to apply for and obtain any inspections and/or certificates required by law and to fully
comply with any applicable point of sale laws or ordinances.
8. SELLER’S FURTHER OBLIGATIONS AND REPRESENTATIONS (Seller represents warrants
and agrees as follows): (a) Fair Housing. Seller understands that it is illegal, pursuant to the Ohio fair
housing law, division (H) of section 4112.02 of the Revised Code and the federal housing law, 42 U.S.C.A.
3601, to refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to
negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing
accommodations because of race, color, religion, sex, familial status as defined in section 4112.01 of the
Revised Code, ancestry, disability as defined in that section, or national origin or to so discriminate in
advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate
brokerage services; it is also illegal, for profit, to induce or attempt to induce a person to sell or rent a
dwelling by representation regarding the entry into the neighborhood of a person or persons belonging to
one of the protected classes.
(b) All persons and/or entities authorized to sell the Property have signed this Agreement, and the
undersigned signature(s) include all person(s) and/or entities, or their duly authorized representatives, who
have an ownership interest in the Property. If the individual signing this Agreement is acting in a
representative capacity, such individual certifies that he is legally authorized to enter into this Agreement.
(c) Seller has given Broker the information regarding the Property to appear on the MLS. Seller
understands that the Property information will be included in the MLS, such information is accurate and
complete and does not omit or fail to disclose any material defects regarding the Property known to Seller.
(d) Seller shall indemnify Broker, defend and hold Broker harmless from and against any claims, demands,
suits, losses, damages, costs and expenses of any nature, including attorney’s fees and from liability to any
person, that Broker incurs because of (1) Seller’s negligence, representations, misrepresentations,
nondisclosure, concealment, actions or inactions, nonperformance or breach of any contract for sale or
breach of this agreement, (2) the use of a lock box, (3) the existence of undisclosed material facts about the
Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a
transaction is entitled to compensation from Broker. This clause will survive Broker’s performance and the
transfer of title. This indemnity shall further include, without limitation, the inaccuracy or incompleteness
of any information provided by Seller for listing on the MLS. Seller is solely responsible for any
complaints made by a buyer or prospective buyer before or after possession of the Property with respect to
any defects in the Property.
9. MULTIPLE LISTING SERVICE AUTHORITY: MLS Authority Granted. Broker is authorized to
file said listing and place information about the Property in any multiple listing service to which Broker is a
member in accordance with MLS Regulations. The Broker and MLS may disclose information pertaining
to said Property to MLS participants authorized to receive MLS information. Broker is further authorized to
Place information about the Property in information services and other media to advertise and promote the
sale of the Property. Seller authorizes Broker, the MLS and/or Association of Realtors to use, license or sell
the active listing and sold data, and to include Seller’s listing information on related websites.
10. OCR SHALL NOT BE AN ESCROWEE: Other than the service fee paid by Seller for the OCR
services, Seller shall not tender to OCR or any Broker/Agent employed by OCR, at any time, any money
for deposit or to hold on Sellers or Buyer’s behalf. OCR Broker/Agent employees are expressly prohibited
from accepting any money from Seller. Seller shall not execute a sales contract that stipulates or requires
OCR to hold earnest money or a possession escrow.
Initial _______ 4
11. RULES AND REGULATIONS: Seller is bound by all rules and regulations of the MLS for their
respective property, and the rules and regulations are considered incorporated in to this agreement.
12. ENTIRE AGREEMENT: This Agreement contains all covenants between the parties and may only be
modified by writing signed by all parties hereto. There are no oral representations made that are not
contained herein and no oral modifications of this Agreement are allowed.
13. ASSIGNMENT: This Agreement may not be assigned by the Seller without the express written
consent of OCR.
14. BINDING: This Agreement shall be binding upon the parties hereto and respective heirs, personal
representatives, successors and assigns.
15. PRIOR AGREEMENTS: This Agreement supersedes all other Agreements entered into between the
parties and in the event there is a conflict between this Agreement and any other Agreement between the
parties hereto the terms and provisions of this Agreement shall control and be binding upon the parties.
16. NO GUARANTEE OF SALE OF PROPERTY: Seller understands that this Agreement does not
guarantee the sale of the Property.
17. LIMITATION OF BROKER'S LIABILITY: Seller agrees that the limit of OCR’s liability under this
Agreement and/or related to OCR’s performance of the services mentioned herein is strictly limited to the
service fee paid to OCR by Seller and no more.
18. TERMINATION OF AGREEMENT: There is no termination fee in the event the seller decides to
withdraw their Property from the market by giving written notice to OCR at any time there is not then
a contract pending on the Property involving a buyer who was procured by a participating licensed real
estate agent. A refund will only be provided if the listing is cancelled before the property listing is entered
into the Multiple Listing Service (MLS) or in the event that OCR does not accept this agreement. Seller
will be provided a copy of the MLS Listing. Broker reserves the right to terminate this agreement at any
time, at Broker’s sole discretion. Termination by Broker does not absolve Seller from paying any
commissions due a cooperating broker under the terms of this agreement.
19. ATTORNEYS FEES & COSTS: If a dispute arises by and between the parties or involving the
subject matter of this Agreement and litigation is commenced to enforce the provisions herein or interpret
the provisions herein, the prevailing party shall be due its reasonable attorney’s fees and litigation costs,
including appellate attorney’s fees & costs by the non prevailing party.
19. SELLERS ACKNOWLEDGMENT OF OCR'S DUTIES: Seller acknowledges OCR’s duties as
outlined pursuant to ORC 4735.621 attached which is made part of this agreement. Seller acknowledges
that selling the property may be complicated and may require professional legal assistance. Seller agrees to
obtain assistance, as Seller deems necessary. No other agreement, expressed or implied, shall be held to
impose any greater relationship than that set forth herein. Seller waives any claim or cause of action it may
have against OCR, its owners, agents and employees arising as a result of any act or omission of OCR.
Seller accepts the responsibility to comply with all ordinances, regulations and statutes pertaining to Sellers
offer for sale and sale of the Property. Seller does not waive any rights guaranteed by the regulations and
statutes of the State which cannot be voluntarily waived. OCR is not charged with any responsibility or
custody of the Property, its management, maintenance, upkeep or repair. Local laws govern the use of
lawn signs. Broker makes no representation that the signs it provides comply with local law. Seller should
be aware of local regulations or should consult with local authorities prior to placing the sign. OCR will
list the Property on the Multiple Listing Service (MLS), for the term of this Agreement, up to a maximum
of 6 months. Seller is allowed to make up to two changes (excluding price or status changes) during the
term of this listing. After two changes, OCR reserves the right to charge a service fee of $25 per change.
Initial _______ 5
PLEASE SIGN BELOW TO ACKNOWLEDGE THE LISTING AGREEMENT IS AGREED, UNDERSTOOD
AND ACCEPTED AS TO ALL TERMS OF THIS SIX-PAGE CONTRACT.
_____________________________ ________ _______________________________ _______
Signature Date Signature Date
_____________________________ ________ _______________________________ _______
Signature Date Signature Date
BROKER SIGNATURE__________________________LISTING ACCEPTED ON: ______________
Initial _______ 6
This is to give you notice that Ohio Connect Realty, has a business relationship with
Titanium Title (the “Company”). Because of this relationship, this referral may provide
Ohio Connect Realty shareholders a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services
listed. You are not required to use the listed provider(s) as a condition for the purchase or
sale of the subject property. THERE ARE FREEQUENTLY OTHER SETTLEMENT
SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE
FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEVING THE
BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Provider & Settlement Service Charge or Range of Charges
Title Search & Exam Included
Title Policy & Endorsements $ Promulgated Rates
Express Mail/ Wire Fees Included
I/We have read this disclosure form, and understand that Ohio Connect Realty is referring
me/us to purchase the above-described settlement service(s) and may receive a financial
or other benefit as the result of this referral.
Initial _______ 7
IMPORTANT NOTICE – PLEASE READ CAREFULLY
As part of the ForSaleByOwner.com package you have selected, Ohio Connect Realty has been assigned as your MLS
listing agent. The following is a brief explanation of what you have signed up for and what you can expect.
FREQUENTLY ASKED QUESTIONS
Q. What is the time frame for my listing to get entered on the MLS?
A. All paperwork including (MLS Listing Agreement, Input Sheets, Important Notice
Sheet) must be completed in-full, signed and returned to Ohio Connect Realty. Upon
receipt of “fully executed” paperwork your listing will be entered into the MLS
within 1-2 business days.
Q. How does the MLS work?
A. You will have a listing on the MLS. The MLS is a marketing tool designed for Realtors and
is not a “For Sale By Owner” service. The MLS is only viewable by subscribing Realtors and
cannot be accessed by the general public. Your personal (sellers) contact information will be
placed on the MLS listing for interested Realtors to contact you directly.
Q. How does Realtor.com work?
A. You will have a listing on Realtor.com the largest Real Estate Web-Site in the country with
over 6,600,000 visitors per month. Realtor.com is a website designed to be viewed by the
general public and is not a “ForSaleByOwner” service. Realtor.com is a separate entity and
is not the MLS. Realtor.com has been labeled the “Official Website of the National
Association of Realtors.” Your Realtor.com listing “does not” automatically become active
on the internet simultaneous to your MLS listing. Realtor.com does a sweep of your local
MLS approximately every 72 hours and pulls the data on to Realtor.com directly from the
MLS. Realtor.com pulls the information it wants on to its site which may not include
everything entered in your MLS listings. Your Realtor.com listing typically becomes active
within 1-3 business days of your MLS listing becoming active.
Q. How does the general public viewing your Realtor.com listing reach you?
A. The name and telephone number of your MLS listing agent, in this case Ohio Connect Realty,
will be noted on your Realtor.com listing. Interested buyers for your property will contact us
directly by phone or email. Upon receipt of an inquiry, OCR will direct all parties to call the
seller directly. OCR will also pass the contact information along to the seller via telephone or
Q. Why doesn’t Realtor.com show the seller’s phone number?
A. Realtor.com is a website sponsored by and paid for by the National Association of Realtors
(NAR). As you can imagine, this group has no interest in promoting homes “For Sale By
Owner” as its sole purpose is to generate commissions for members. Therefore, it is against
the rules of Realtor.com to include contact information for any seller, and only Brokers’
information is displayed. As noted above general public inquiries will be provided with your
contact information and be instructed to contact you directly.
Initial _______ 8