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
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.
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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.
There is not a/an Addendum attached to this Listing Agreement which
is part of the Listing Agreement and incorporated herein.
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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
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.
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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) Street Number & Street
OWNER (Signature) City State Zip Code
Home Number Cell Number
MARKETPLACE REALTY AGENT
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