The Listing Contract

Terms and Conditions

The undersigned Seller (Owner) authorizes Simply Sell Realty/Simply List Me (Agency) to market the property described below for sale or lease in the MLS, on the terms set forth here or on any other price or terms the Owner approves. This authorization also permits the Agency to post the property on social media unless the Owner directs otherwise.

This agency reserves the right to act as a Buyer/Tenant Agency to any party that has contacted them about your listing or has requested representation.

This Agreement begins and expires on the dates in this contract unless prior to such expiration date the Owner places the property under any type of contract, in which case this Agreement will expire upon closing and/or transfer of title.

This Agency receives a flat rate fee prior to listing the Owner’s property in the local MLS. Any fines from the MLS due to the Owner's negligence will be passed on to the Owner (i.e. failure to notify the Agency of Pending Contracts, Sold Information, etc.).

We are members of the Massachusetts MLSPIN and New Hampshire NEREN MLS.

Buyer's Agent Fee

Listing brokers and cooperating brokers will no longer split commissions. The Owner is neither required to offer compensation, nor required to accede to any cooperating broker's request for compensation. If a seller elects to offer compensation, the cooperating broker will be an intended third-party beneficiary of the agreement with the right to enforce the same. The MLS no longer has a buyer's agent compensation field. If you desire to offer a buyer's agent commission, it can be negotiated directly with a buyer's agent and added to the transaction contract.

Agency Relationship

Massachusetts (Non-agent) Facilitator Disclosure: When a real estate licensee works as a facilitator that licensee assists the Owner and/or buyer in reaching an agreement but does not represent either the Owner or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliated, owe the Owner and buyer a duty to present all real property honestly and accurately by disclosing known material defects and owe a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information received from an Owner or buyer confidential. Should the Owner and/or buyer expressly agree, a facilitator relationship can be changed to an Owner or buyer client relationship with the written agreement of the person so represented. Download a full version here.

New Hampshire (Non-agent) Facilitator Disclosure: A facilitator is an individual licensee who assists one or more parties during all or a portion of a real estate transaction without being an agent or advocate for the interests of any party to such transaction. A facilitator can perform ministerial acts, such as showing property, preparing and conveying offers, and providing information and administrative assistance, and other customer-level services listed on page 1 of the Agency Disclosure form. This relationship may change to an agency relationship by entering into a written contract for representation, prior to the preparation of an offer. Download a full version here.

Owner Acknowledges/Agrees

• A continuing duty between the signing of this Agreement and the final closing to disclose to Agency all information about the property, adverse or otherwise, and understands that all such information shall be disclosed by Agency to Buyer.

• To hold Agency harmless for any claim which may result from the Owners failure to disclose information about the property.

• That the Agency will not advocate for the interest of either party, unless otherwise indicated, and is not required to offer opinions regarding value, negotiation strategy or matters directly related to the transaction or regarding either parties financial interests.

• To respond to all inquiries in a timely manner.

• To convey property by a valid deed.

• To authorize advertising of the property.

• To authorize the seller's name to be submitted to the MLS.

• To authorize Agency to divulge the existence of offers in the property.

• To authorize publication of the property in the MLS (also other real estate sites) and use of information for marketing, appraisal and statistical purposes.

• To authorize the Agency to use photographs of said property in promoting its sale and that Owner owns or has been granted license to use all photographs submitted to Agency.

• That the Agency has discussed the safeguarding of personal property and valuables located within the property. Owner acknowledges that the Agency is not an insurer against loss or damage to personal property.

• To seek legal, tax, and other professional advice as necessary in connection with the sale of the property.

• That we have explained our Agency Relationship above and you understand that we are a non-agent and have provided you a copy.

• That Agency has informed Owner of his/her disclosure and certification obligations regarding the presence of lead-based paint and lead-based paint hazards and a Buyer’s right to conduct a risk assessment or inspection of the property to determine the presence of lead-based or lead-based paint hazards.

• That the Owner agrees to abide by all Fair Housing Acts and to perform the following actions, when appropriate, to complete the real estate transaction: Provide Buyers with a Property Disclosure, Lead Disclosure, Obtain a Final Water Reading and Bill, Smoke and Carbon Monoxide Detector Compliance Certificate from local Fire Department, Title 5 for Septic Systems, NH Waterfront Site Assessment Study, Provide to the Buyer’s Appraiser/Inspector and any other appropriate actions necessary to complete your transaction.

• With time being of the essence, Agency agrees to enter all listings in the MLS within 2 business day based upon the time we receive the last of the following items: This completed signed Listing Contract, the Property Details form, payment, the appropriate Lead and/or Property Disclosures, and at least 1 photo.

• To hold Agency harmless from any loss or damage that might result from authorizations provided in the Agreement.

• That this property is to be offered without regard to race, color, national origin, religion, sex, and disability, and familial status, presence of children, emotional support or service pets.

• To not reject an offer due to the buyer wanting to test for lead or disallow a lead inspection. Also, that all windows will be closed at least 12 hours prior to any home inspection in case the buyer decides to perform a radon test.

Fixtures (applies to sales)

The Seller agrees that all fixtures, including but not limited to existing storm and screen windows, shades and/or blinds, shutters, outdoor plants, sheds, curtain rods, built-in appliances, heating sources/systems including gas and/or kerosene-fired heaters and wood stoves, sump pump, and electrical fixtures are included with the sale except for the following:

Listing Information, Status, and Changes

The Owner must disclose any and all defects in the property which are not open and obvious and which may materially affect the value or desirability of the property. The Owner agrees to provide a copy of the Seller’s Property Disclosure (NH). The Owner is responsible for reviewing the published Listing and must notify us of any and all errors and omissions.

Any changes the Owner requests shall be free of charge; however, no changes will be made unless received in writing through the Edit My Listing link, which will be emailed to you. Upon acceptance of any Offer to Purchase or Lease and after closing, the Owner MUST notify us within 24 hours in writing through the Update Listing Status link, which will also be emailed to you. The Owner agrees to release a copy of the Purchase Contract upon request.

Partner Websites

MLS allows automatic data transfers to several 3rd party Real Estate websites and we cooperate with them fully, however, we have no control over these sites and as such cannot guarantee their reliability or how your listing will be displayed. Your fee to the Agency is for publishing to the MLS only, these other sites are purely a bonus. Zillow no longer allows rental properties to syndicate to their website.

Limited Consultation, Forms and Documents Preparation

The service offered under this agreement is not that of a traditional Listing Agent. This service is an MLS Only Listing Service and is best suited for educated Owners who are well versed in the Real Estate sales process. We will not prepare any documents for the Owner. We recommend you contact an attorney for a consultation and/or to prepare any legal documents pertaining to your transaction.

Authorization

The Owner represents that he/she/they have the full authority to contract to sell, convey, or lease the property and that no other authorization is necessary to sign this agreement.

Indemnification

In any litigation and/or notice of impending litigation against Agency arising out of this Agreement and/or listing in the MLS brought either by a third party or by Owner for any reason, (including but not limited to any disputes over commission due, failure to disclose relevant information and/or material defects about the listed property, negligence, etc) then the Owner agrees that either Owner and/or Agency may authorize and direct, in writing, the appropriate Closing attorney or agency to withhold from the Closing Funds due Owner an amount equal to one and a half times the amount claimed or in dispute and Agency will be entitled to recover reasonable attorney fees, costs, and expenses from the Owner. Furthermore, the Owner agrees to hold Agency harmless for all injuries suffered, monetary or otherwise arising out of the sale or negotiation of the sale of the listed property.

Termination/Renewal/Refund

The Owner may terminate this Agreement at any time in writing before an offer is accepted and with no refund. Once an offer is accepted the listing must remain in the MLS until either the property transaction is completed or voided.

Agency may terminate this Agreement if the property is part of a lawsuit or litigation, listed in the MLS by another Agency without first canceling the listing with Agency, if the Owner is unresponsive to correspondence from Agency or other cooperating Agencies, or if the Owner is found to be in violation of any terms in this Agreement with no refund.

There is never a charge to renew your listing while the Status is Under Agreement. You may cancel your listing at any time.

Refunds will be made within 14 days of payment and ONLY if we have not yet received all the required forms and/or started to enter your property listing into an MLS. We will credit your account for future use if after 14 days you decide you do not need our service for an MLS listing prior to the aforementioned conditions.

The contract expiration date will be the last day of the 12th month. You are allowed to temporarily remove and reactivate your listing twice within the 12 months.

Listing Maintenance

All requests to edit your listing must be made through the Edit My Listing form. The link can be found in the email you receive when your listing is posted on the MLS. In that same email, you will also find the Update Listing Status link. Use this link to notify us within 24 hours if your property has a signed offer or purchase and sale agreement, and again when it has been leased or sold.

Property Disclosure (applies to sales)

You must disclose any known defects, easements, covenants, HOA assessments (current or future), monthly/yearly fees, legal issues, flood insurance, underground storage tanks, condemned, structural issues, rented water heater or propane tank, leased solar panels, unpermitted work, or problems with the property.

If your property is a condo you will need the condo declaration, by-laws, rules, and budget for prospective buyers to view and accept. Sometimes these can be viewed online, ask the association.

You must disclose any affixed or permanent items that you do not intend to include with the sale.

You must disclose if you are or have been a licensed real estate agent or broker.

You must also disclose any fact that may have influenced a prospective buyer not to purchase your property. Including but not limited to: flood zone, vicinity of airports, highway or road expansion, non-working items, murder, meth lab, sex offender, neighborhood environmental contamination/pollution, a constant neighborhood nuisance, pests, foundation issues, termites, mold, and electrical, plumbing or roof issues, etc.

You must disclose and post signs if the property has any recording devices (video or sound) including but not limited to devices such as Nest, Arlo, Amazon Echo, Google Home, Ring, etc.

Safety Tips

Items such as tablets, cell phones, laptops, legal weapons, jewelry, medications, credit cards, checkbooks, remotes, and spare keys should be hidden, locked, or removed for showings and open houses.

Be sure to fix or block off any entrances with broken steps or railings, and shovel and sand walkways in winter months.

Remove or crate pets for showings.

You can visit the MA or NH real estate commission’s website to verify if someone is an agent. Also, most brokerage sites have photos of their agents.

Do not give prospective buyers/tenants any access codes, this includes vacant properties.

Have someone you know accompany you at open houses and showings or alert a neighbor to keep a watchful eye out.

We recommend you have an attorney look over all contracts before you sign them and have them available for any questions you may have throughout the transaction. You will also need an attorney to prepare the new deed for closing or you may ask the buyer’s closing attorney to draft it.

The Closing (applies to sales)

Notify us as soon as the property is under agreement and then again when it closes.

When your property goes under agreement, check with your local fire department about obtaining a smoke and carbon monoxide certificate.

If your property is a condo you will need a 6D certificate stating that all HOA fees and assessments are current.

In MA you will need a Title 5 certificate for private sewerage systems. This can be paid for by either party.

You will need a final water and sewer reading, check with your town on how to obtain these.

You can request the buyer to credit you for any oil or propane remaining.

You will need an attorney to prepare the new deed for closing.

The buyer will likely do a walk-through prior to closing. Be sure that the property is in the same condition when they viewed it, any agreed repairs are made, and any included items are still intact.

Bring your photo ID, any required forms mentioned, and the property keys and remotes to the closing.

Please consult with an attorney and your town offices if you have any questions about your transaction or what is required of you to sell your property.

Signature(s)

I/We acknowledge that I/We have read and understand all of the above information and agree to adhere by signing below:

*This additional service is only available if your property is located within 45 minutes from Tyngsboro, MA.

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