american home warranty

MARKETPLACE REALTY 13 S. Third Street Waterville, OH 43566 OFFICE (419) 878-3899 FAX (419) 878-3874 LISTING AGREEMENT ~ OHIO (Rev. 2/1/2008) 1. APPOINTMENT OF REALTOR: The undersigned owner (“Owner”) desires to sell the following described real estate (“Real Estate”) ________________________________________ ______________________________________________________________________________ together with all improvements thereon and will all rights and easements and hereby employs Marketplace Realty as Owner’s exclusive agent and grants to it the exclusive rights for six (6) months or twelve (12) months, without reservation, commencing ________________________, _______and ending 11:59 p.m. on ________________________, _______ (“Expiration Date”), to sell the Real Estate for the sum of $___________________ cash or to sell or exchange it on any other terms or price, which owner accepts in writing. 2. EXTENSION: If an offer to purchase is signed by a potential purchaser before this Listing Agreement expires, the term hereof shall continue until final disposition of such offer to purchase. 3. REALTOR ACCEPTANCE: Marketplace Realty accepts the employment granted in this Listing Agreement and agrees, in consideration of the agreements of Owner, to use its best efforts to sell the Real Estate. 4. INCLUDED IN THE SALE: The Real Estate shall include the land together with all improvements thereon, all appurtenant rights, privileges, easements, fixtures, and all of the following items if they are now located on the Real Estate: electrical; plumbing; heating and air conditioning equipment including window units; bathroom fixtures; awnings; all window treatments such as window shades, venetian blinds, and curtains/draperies/traverse rods; window/door screens; storm windows/doors; shrubbery/landscaping; affixed mirrors; attached floor coverings; wall-to-wall/stair carpeting; television antennas; antenna rotor devices; satellite dishes; water softeners (if not rented); garage door openers/opening devices; ranges; ovens; refrigerators; dishwashers; garbage disposals; trash compactors; humidifiers; fireplace screens, glass doors, inserts, gas fixtures, and baskets; all affixed, built-in furniture/fixtures; utility/storage buildings or sheds; above ground swimming pools and pool equipment; security systems, and propane and/or oil tanks and contents thereof, except_______________________ ____________________________________. Owner represents and warrants that Owner owns all of the above items included in the sale and that they will be free and clear of any debt, lien, and security interest, or other encumbrances at closing except___________________________ ___________________________________and shall be delivered to Purchaser upon possession. Page 1 of 4 5. PERSONAL PROPERTY: In addition to items of personal property specified above, if any, the following personal property shall be included in the sale_____________________________ _____________________________________________________________________________. 6. POSSESSION: Possession shall be given ________________________________________. 7. OWNER’S REPRESENTATION AND WARRANTIES: Owner represents and warrants that to the best of Owner’s knowledge, the fireplaces, chimneys, gas lines, water lines, and all other systems, equipment, and fixtures set forth in paragraph 4 and 5 above to be included in the sale will be operational at Possession except __________________________________________ (if none, write “none”) and that there are no pending orders, ordinances, or resolutions that have been enacted or adopted authorizing work or improvements for which Real Estate is zoned for its present use, and that the property is not located in an environmental quality district, and is not located in an historic district, and is not located in a flood plain, and that no city, township, county, state, or federal orders have been served requiring work to be done or improvements to be made which have been performed except __________________________________________ (if none, write “none”) and that Owner further represents and warrants that there presently exist no defects or conditions know to Owner which could adversely affect or materially impair the fitness of the Real Estate for the purpose of its intended use. Owner shall continue to maintain the Real Estate, including the grounds and improvements thereon, in good condition and repair until possession is given to Purchaser. 8. MARKETPLACE REALTY’S FEE: If an offer is secured on the above terms or an offer is obtained which Owner accepts in writing or if said Real Estate is sold by Marketplace Realty or Owner or by any other person, before the expiration of this Listing Agreement, or if within six (6) months after such expiration the Real Estate is sold, traded, or otherwise disposed of by Owner or any broker, directly or indirectly to or for the benefit of anyone to whom Marketplace Realty has shown or introduced the property during the listing period or to anyone designated by a person with whom Owner or Marketplace Realty has shown or otherwise introduced the property; or, if within the listing period it be rented to any such person and subsequently sold to such person, Owner agrees to pay Marketplace Realty _____________ percent, ($3,000.00 minimum), of the purchase price of improved Real Estate and ______________ percent, ($3,000.00 minimum), of the purchase price of vacant land, in cash, at the time of closing and absent a closing, no later than ninety (90) days after the agreement. Co-broke offered to cooperating broker in MLS will be __________ percent. 9. KEY AUTHORIZATION: Owner authorizes Marketplace Realty to conduct or allow cooperating brokers to conduct key entry showings or the Real Estate. Owner also authorizes Marketplace Realty to place a lock box on the Real Estate for the purpose of conducting or allowing cooperative brokers to conduct key entry showings of the Real Estate. 10. OWNER’S COOPERATION: Owner agrees to cooperate fully with Marketplace Realty by making the Real Estate available for showings to prospective purchasers at reasonable hours. 11. ADDENDUM: There is   There is not a/an Addendum attached to this Listing Agreement which is part of the Listing Agreement and incorporated herein. Page 2 of 4 12. MLS AUTHORITY: Marketplace Realty is authorized to place information about the Real Estate in any multiple listing service of which Marketplace Realty is a member, in accordance with the MLS regulations. 13. OWNER’S ACKNOWLEGMENT: Owner acknowledges that Owner has had Owner’s obligation under the Residential Property Disclosure Law and Lead Based Paint Disclosure Law explained and that Owner has read and received a copy of this agreement. 14. CIVIL RIGHTS (Ohio Revised Code 4735.55): It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of Section 4112.02 of the Revised Code and the Federal Fair 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, military status as defined in that section, 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 representations regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes. 15. WITHDRAWL FEE: In the event owners desire to withdraw from this Listing Agreement before the expiration date they may do so by making a written request to Marketplace Realty, tendering a $500.00 withdraw fee. This amount is agreed to be reasonable compensation for the efforts of Marketplace Realty including advertising and office expenses. Upon receipt, Marketplace Realty will confirm that the listing is withdrawn and will cease all marketing efforts. 16. ADVERTISING, PROMOTIONS, AND SIGNS: Marketplace Realty is authorized to advertise (including on the Internet) and promote the sale of the Real Estate, erect a “For Sale” sign thereon, remove any other “For Sale” signs, and place a “Sold” sign thereon upon acceptance of a purchase agreement except where prohibited by law or deed restrictions. 17. EARNEST MONEY DEPOSIT: Marketplace Realty or cooperating agent is authorized to act as a trust agent to accept and deposit in a trust account earnest money deposits in connection with accepted purchase agreements. In the event that any contract to purchase do not close, disposition of the deposit shall be governed by the termination procedures in the purchase agreement but it is understood Marketplace Realty will comply with all rules of the Ohio Division of Real Estate. 18. INDEMNITY BY OWNER: Owner recognizes that Marketplace Realty is relying on all information provide herein and other information to be supplied by Owner when completing the state mandated Residential Property Disclosure Form and Federal mandated Lead Base Paint Disclosure Form in connection with the Real Estate and agrees to indemnify and hold harmless Marketplace Realty, its salespersons, and cooperating broker from any claims, demands, damages, suits, liabilities, costs, and expenses arising out of any misrepresentation made herein or otherwise supplied by Owner or because of any concealment by Owner. Page 3 of 4 19. OWNER’S CONSENT TO DISCLOSE: Agents have a duty to the Client to maintain the Client’s confidential information, unless the Client authorizes disclosure of the confidential information. The Buyer’s Agent or Buyer will often request information related to the matters listed below. Please indicate which facts the Agent may provide to Buyer’s or Buyer’s Agent: The original purchase price that you paid for your home, which was _________________; Your motivation for selling your property; How long your property has been for sale; Information on comparable sales; That you would entertain of offer less than the Listing Price; That you would agree to financing terms other than those offered; That you would make specific repairs or improvements to the property including _____________________________________________ _____________________________________________________________________________. 20. HOME WARRANTY: Owner will provide the Purchaser (circle one ) HMS, American Home Shield, or First American Home Warranty at a cost of $________________, to be paid by Owner at closing. Pursuant to the terms of the Home Warranty, Seller understands that limited coverage is effective on the property during the term of this Listing Agreement. Home Warranties do not cover pre-existing conditions. Owner acknowledges that Marketplace Realty may receive compensation related to the purchase of the Home Warranty. 21. CONVEYANCE AND STATUS OF TITLE: Owner will execute and deliver to Purchaser a deed in fee simple for said Real Estate with covenants of warranty and release of dower and with all delinquent taxes and assessments paid and the next tax and assessment will be prorated as of the date of closing in accordance with the custom in the county which the property is located unless otherwise agreed in the purchase agreement. Owner represents that the title to Real Estate is marketable and in the name of the undersigned. Owner will furnish and up-to-date statement of title of record to Purchaser prior to closing. 22. ENTIRE LISTING AGREEMENT: The parties agree that the terms of this entire Listing Agreement (paragraphs 1-22 of this Listing Agreement) and that no oral or implied agreement exist. Owner acknowledges receipt of a copy of this document. DATED:___________________ COMPLETE ADDRESS & TELEPHONE NUMBER ___________________________________ OWNER (Signature) ___________________________________ OWNER (Signature) __________________________________ Home Number ______________________________________ Street Number & Street ______________________________________ City State Zip Code ______________________________________ Cell Number BY:________________________________ MARKETPLACE REALTY AGENT Page 4 of 4