1. This
Agreement is between USA FLAT FEE, the Listing Realtor
and the OWNER/SELLER of the subject property being
listed on the MLS for a flat fee.
2. COMPENSATION: The SELLER agrees to pay USA FLAT
FEE a listing fee of $299 (Gold Package) or $399 (Platinum
Package). This fee is earned and payable in full upon
acceptance of this agreement by the SELLER. Should
a participating Realtor obtain a buyer who is ready,
willing and able to purchase the above described property
at an acceptable price to the SELLER, then the SELLER
shall agree to pay that participating Realtor a 3%
(or negotiated) sales commission on the agreed sales
price of the property. USA FLAT FEE and any agents
of USA FLAT FEE shall be held harmless for the SELLER'S
failure to perform any oral or written agreements.
SELLER agrees to notify USA FLAT FEE within 24 hours
of the date when a contract is executed and becomes
a pending sale and the date when the property closes.
3. The LISTING PERIOD is 6 months for the GOLD package
and 12 months for the PLATINUM package.
4. If the SELLER chooses to release the keys to the
property by installing them in the Lockbox provided
by USA FLAT FEE, the SELLER agrees this will be for
the benefit of the SELLER and releases USA FLAT FEE
and those working by or through USA FLAT FEE from
all liability and responsibility in connection with
any loss or damage that may occur.
5. LATENT DEFECTS: The SELLER agrees that where the
SELLER knows of or becomes aware of facts materially
affecting the value of the Property, the SELLER is
under duty to disclose said facts both to the BUYER
and to USA FLAT FEE.
If the SELLER knows or becomes aware of such facts,
he/she shall set them forth in writing on the SELLER
DISCLOSURE FORM. The SELLER agrees to indemnify and
hold harmless USA FLAT FEE and those relying thereon
for damages resulting from the inaccuracy of said
information and from the SELLER'S failure to disclose
any facts materially affecting the value of the Property.
This duty shall continue through to date of closing.
6. FAIR HOUSING ACT: The SELLER agrees that under
the Fair Housing Acts, SELLER may not ask or expect
the sale of the SELLER's property to be restricted
according to race, color, sex, religion, handicap,
national origin and familial status.
7. NO GUARANTEE: SELLER understands that this Agreement
does not guarantee the Sale of the Property.
8. TITLE: The SELLER warrants having legal authority and
capacity to convey the Property with all improvements. If
purchaser for the Property is secured, the usual and customary
practice for the title examination and for closing the transaction
shall apply. The SELLER agrees to deliver marketable title
at closing. This agreement shall be binding on all heirs,
successors, assigns and personal representatives of the
SELLERS.
9. REPRESENTATION: USA FLAT FEE does not represent the SELLER as either a Single Agent or as a Transactional Broker.
10. In connection with any litigation arising out of this
contract, the prevailing party shall be entitled to recover
all costs incurred including reasonable attorney's fees
for services rendered in connection with such litigation,
including appellate proceedings and post judgment proceedings.
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