The Listing Contract

MLSPIN Coverage

Terms and Conditions

The undersigned owner(s) of record ("Owner") authorize Simply Sell Realty, also doing business as Simply List Me ("Agency"), to enter the property described below into the Multiple Listing Service ("MLS") for sale or lease at the price and terms stated in this Agreement, or any other price or terms the Owner later approves in writing. Agency may also post the property on social media and Agency websites unless the Owner opts out in writing.

This is a limited-service, MLS-entry-only agreement. Agency's service consists of entering, maintaining, and updating the listing in the MLS as described in this Agreement. Agency does not schedule showings, hold keys, host open houses, negotiate on the Owner's behalf, give pricing advice, or prepare offers, contracts, or legal documents.

Agency is a member of MLS Property Information Network (MLSPIN) in Massachusetts and the New England Real Estate Network (NEREN) in New Hampshire. The Owner agrees to follow all MLS rules that apply to the listing, and acknowledges that Agency may change or remove listing content as needed to comply with them.

Fee. Owner pays Agency a flat, non-commission fee of $79.00 before the listing is entered in the MLS. No additional commission or fee is owed to Agency at closing. Any MLS fine caused by the Owner's acts or omissions (for example, failing to report a pending contract or sale on time) will be charged to the Owner, and Owner authorizes Agency to bill those fines to the payment method on file.

Term. This Agreement begins on the date it is submitted and expires on the last day of the sixth calendar month after the month of submission (for example, submitted October 5 → expires April 30), unless extended under the Termination/Renewal section. If the property goes under any purchase, sale, or lease contract before expiration, this Agreement continues until closing, transfer of title, or lease start, or until that contract is terminated.

Buyer's Agent Compensation

The MLS no longer contains a field for offering compensation to buyer's agents, and Agency does not share or split its fee with any cooperating broker. The Owner is not required to offer compensation to a buyer's agent and is not required to agree to any request for it.

If the Owner chooses to pay a buyer's agent, that agreement is solely between the Owner and that agent (or the buyer) and should be written into the purchase contract. Agency is not a party to it, will not negotiate it, and has no responsibility for any compensation dispute, including claims of procuring cause. Compensation offers may not be advertised in the MLS listing. Buyer's agents are generally required to have a signed written agreement with their buyer before showing a property, so expect them to raise compensation early.

Agency Relationship

Agency acts as a non-agent facilitator. Agency does not represent or advocate for the Owner, and does not owe the Owner the duties of loyalty or confidentiality that a client relationship carries. Any information the Owner shares with Agency may be shared with buyers or their agents.

Massachusetts (Non-Agent) Facilitator Disclosure. When a real estate licensee works as a facilitator, the licensee helps the Owner and/or buyer reach an agreement but represents neither. The facilitator and its broker owe the Owner and buyer a duty to present all real property honestly and accurately by disclosing known material defects, and a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information from the Owner or buyer confidential. A facilitator relationship can become a client relationship only with the written agreement of the person represented. Download the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure here.

New Hampshire (Non-Agent) Facilitator Disclosure. A facilitator is a licensee who assists one or more parties during all or part of a transaction without being an agent or advocate for any party. A facilitator may perform ministerial acts such as providing information and administrative assistance and other customer-level services listed on page 1 of the NH Relationship Disclosure form. The relationship may change to agency only through a written representation contract signed before an offer is prepared. Download the New Hampshire Relationship Disclosure form here.

Buyers who contact Agency. Agency may work with a buyer or tenant who contacts Agency about this or any other property, either as a facilitator or, under a separate written agreement, as that buyer's agent. The Owner consents to this in advance. If Agency represents a buyer interested in this property, Agency will notify the Owner in writing before any offer is prepared, and will not disclose to that buyer any information the Owner has asked Agency in writing to keep confidential, to the extent the law allows.

Owner Acknowledges and Agrees

What Agency does

• Enters the listing in the MLS within 2 business days after receiving all of the following: this signed Listing Contract, the completed Property Details form, payment, at least 1 photo, and any required lead paint and/or property disclosures.


• Makes listing changes the Owner requests in writing through the Edit My Listing form, at no charge.


• Updates listing status when the Owner reports it through the Update Listing Status form.

What the Owner does

• Handles all showings, open houses, keys, lockboxes, access, and negotiations, and responds to buyer and agent inquiries promptly.


• Provides complete and accurate listing information (including price, room counts, square footage, lot size, taxes, HOA fees, and year built), reviews the published listing, and reports any errors within 24 hours. Agency relies entirely on the information the Owner supplies and does not verify it.


• Discloses to Agency, from signing through closing, all known information about the property, adverse or otherwise, and understands Agency may share that information with buyers.


• Conveys the property by a valid deed and obtains all certificates, inspections, and documents required for closing.


• Seeks legal, tax, and other professional advice as needed. Agency does not give opinions on value, pricing, negotiation strategy, contract terms, or either party's financial interests.

Authorizations

• Owner authorizes Agency to advertise the property; to submit the Owner's name to the MLS; to disclose the existence of offers; and to publish the listing in the MLS, on syndicated real estate sites, and for marketing, appraisal, and statistical purposes, including after the listing ends.


• Owner owns, or has written permission from the copyright holder to use, every photo, video, floor plan, and description submitted. Owner grants Agency and the MLS a non-exclusive, royalty-free, perpetual license to use, edit, and distribute them for listing and marketing purposes, and will indemnify Agency for any copyright claim arising from them. Photos copied from a prior listing or a photographer's website can not be reused without permission.

Property safety and condition

• Agency has discussed safeguarding personal property and valuables. Agency is not an insurer and is not responsible for loss, theft, injury, or damage at the property.


• Owner will maintain closed-house conditions (all windows and exterior doors closed except for normal entry) for at least 12 hours before any scheduled home inspection, in case the buyer conducts a radon test.


• Owner will not reject an offer, or make an offer contingent on, a buyer's choice to conduct a home inspection, lead paint inspection, or risk assessment, and will not require a buyer to waive or limit those rights.

Fair housing

• The property will be offered and shown without regard to race, color, religion or creed, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, familial status (including the presence of children), marital status, military or veteran status, genetic information, or receipt of public assistance or rental assistance (including housing vouchers). Owner will grant reasonable accommodations, including for service and assistance animals, as required by law.

Other

• Owner will complete the Update Listing Status form whenever requested. Failure to respond may result in the listing being canceled without refund.


• Owner holds Agency harmless from any loss or damage resulting from the authorizations in this Agreement or from the Owner's failure to disclose information about the property.

Fixtures (sales only)

All fixtures are included in the sale unless listed below. Fixtures include, but are not limited to: storm and screen windows and doors, shades, blinds, shutters, curtain rods, awnings, built-in appliances, heating and cooling systems (including gas or kerosene heaters and wood or pellet stoves), water heaters, sump pumps, water treatment systems, light fixtures, ceiling fans, mounted TV brackets, wall-to-wall carpet, mailboxes, sheds, landscaping and outdoor plants, and anything attached to the structure.

If an item is leased or financed rather than owned (for example, solar panels, a water heater, a propane tank, or a security system), list it below and also disclose it in the Disclosures section. Excluded items must also be listed in the MLS remarks and written into the purchase contract.

Required Seller Disclosures

The Owner must disclose every known defect or condition that is not open and obvious and that could materially affect the property's value or a buyer's decision to buy. Agency is required by law to disclose known material defects to buyers, so anything the Owner tells Agency may be shared. When in doubt, disclose. Failing to disclose can lead to a lawsuit after closing.

All properties (federal and general)

• Lead-based paint (homes built before 1978): Before a buyer signs a purchase contract, provide the federal Lead-Based Paint Disclosure form, the EPA pamphlet Protect Your Family From Lead in Your Home, and any known lead records or reports. Buyers must be given a 10-day opportunity to inspect for lead unless they waive it in writing. Rentals require a lead disclosure to tenants too.


• Known defects and conditions, including: structural, foundation, roof, electrical, plumbing, septic, or heating problems; water intrusion, mold, pests, or termites; unpermitted work or open permits; underground storage tanks (active or abandoned); environmental contamination; condemnation or code violations; and non-working systems or appliances.


• Financial and legal items: easements, covenants, deed restrictions, encroachments, boundary disputes, liens, pending legal actions, HOA fees and current or planned special assessments, and whether flood insurance is required or the property is in a flood zone.


• Leased or financed equipment: solar panels, water heaters, propane tanks, water treatment systems, or security systems.


• Nearby conditions a buyer would reasonably want to know: airport or highway proximity, planned road expansion, a constant neighborhood nuisance, or nearby contamination.


• Recording devices: any video or audio recording devices (for example Ring, Nest, Arlo, Echo, Google Home) must be disclosed in the listing, and signs must be posted during showings.


• Licensee status: whether any owner is, or has been, a licensed real estate agent or broker.


• Condominiums: the master deed or declaration, by-laws, rules and regulations, current budget, and any pending assessments must be available to buyers.

Massachusetts properties

• Massachusetts does not require a seller property disclosure form, but the Owner may not misrepresent the property or conceal known defects, and Agency must disclose known material defects. Agency recommends completing a Seller's Statement of Property Condition.


• Lead paint (pre-1978): the Massachusetts Property Transfer Lead Paint Notification, together with the federal disclosure.


• Urea formaldehyde foam insulation (UFFI): written disclosure of whether UFFI is present, if known.


• Title 5: properties with a private septic system need a passing Title 5 inspection report before transfer.


• Smoke and carbon monoxide: a compliance certificate from the local fire department before closing.


• Condominiums: a 6(d) certificate showing common charges are paid.

New Hampshire properties

• Provide Agency and buyers with a completed Seller's Property Disclosure.


• Before a purchase contract is signed, NH law requires written disclosure about the property's private water supply and sewage disposal system (type, location, and known malfunctions), insulation type and location, and general radon, arsenic, and lead paint information.


• Condominiums and HOAs: fees, assessments, and building code violations or capital improvements known to the Owner.


• Waterfront: properties with a septic system within 200 feet of a great pond or certain other water bodies need a NH DES Waterfront Site Assessment Study before a purchase contract is signed.

Local communities may have additional requirements. Check with the city or town and an attorney before listing.

Listing Accuracy, Changes, and Status Updates

The Owner is responsible for reviewing the published listing and notifying Agency of any error or omission within 24 hours of publication. Agency is not liable for errors in information supplied by the Owner, or for errors the Owner did not report.

Changes. Changes are free but will only be made when submitted in writing through the Edit My Listing form. Phone calls, texts, and emails are not accepted as change requests. Agency will process changes within 2 business days.

Status updates (required within 24 hours). The Owner must report each of the following through the Update Listing Status form within 24 hours:

• MA: accepting an offer by signing it


• NH: executing a purchase and sales agreement


• Either of those contracts being terminated


• Signing a lease on a rental listing


• Placing the property in an auction


• The sale or lease closing (with the final price and date)


• Deciding to stop showings or stop selling

The edit and status links are included in the email sent when the listing goes live. On request, the Owner will provide a copy of the signed purchase contract and settlement statement so Agency can report accurate sold data to the MLS. MLS fines caused by late or missing updates will be charged to the Owner.

Temporary withdrawal. The listing may be temporarily withdrawn and reactivated up to two times during the term.

Partner Websites

The MLS automatically sends listing data to third-party websites (such as Realtor.com, Zillow, and Redfin). Agency cooperates with these feeds but does not control them and cannot guarantee whether, when, how accurately, or for how long a listing appears there. The fee paid to Agency is for MLS entry only; syndication is a bonus and not part of the paid service. Zillow does not currently accept syndicated rental listings. Agency is not responsible for inaccurate estimates, sold data, or listing history shown on third-party sites.

Limited Services; No Advice

This is not a traditional full-service listing. It is an MLS-entry-only service suited to owners who are comfortable managing a sale or lease themselves. Agency will not:

• advise on price, offers, counteroffers, or negotiation strategy;


• schedule or attend showings, inspections, appraisals, or open houses;


• hold keys, codes, or deposits;


• prepare, review, or explain offers, purchase and sale agreements, leases, deeds, or other legal documents;


• give legal, tax, financial, or title advice.

Agency strongly recommends that the Owner hire a real estate attorney to review all contracts before signing and to handle the closing. Agency makes no guarantee that the property will sell or lease, or of any price or timeframe.

Authority, Indemnification, and Limitation of Liability

Authority. The Owner represents that every person whose name is on the deed (or every authorized signer for an entity, trust, or estate owner) has signed this Agreement, that they have full authority to sell or lease the property, and that no other consent is required. If the property is owned by a company, trust, or estate, or is subject to a divorce, bankruptcy, foreclosure, or probate proceeding, the Owner must disclose it and provide proof of authority on request. The Owner also represents that the property is not currently listed with another brokerage.

Indemnification. The Owner will defend, indemnify, and hold harmless Agency, its broker, licensees, and employees from any claim, loss, damage, fine, or expense (including reasonable attorney fees) arising from: inaccurate or incomplete information the Owner provided; the Owner's failure to disclose; the Owner's photos or content; any agreement the Owner makes with a buyer, tenant, or buyer's agent (including compensation disputes); showings or access to the property; or the Owner's breach of this Agreement.

If a claim is made against Agency arising out of this Agreement or the listing, the Owner authorizes Agency to direct the closing attorney or settlement agent, in writing, to hold in escrow from the Owner's proceeds an amount equal to one and one-half times the amount claimed until the claim is resolved.

Limitation of liability. To the fullest extent permitted by law, Agency's total liability to the Owner for any claim arising out of this Agreement or the listing is limited to the fees the Owner paid Agency. Agency is not liable for lost profits, lost sales, carrying costs, or any indirect, incidental, or consequential damages.

General terms. This Agreement is governed by the laws of the state where the property is located. It is the entire agreement between the parties and replaces any prior discussions. If any part is found unenforceable, the rest remains in effect. Changes to this Agreement must be in writing.

Termination, Renewal, and Refunds

Termination by Owner. The Owner may cancel the listing at any time by submitting a written request through the Update Listing Status form, with no refund except as stated below. Once the Owner has accepted an offer, the listing must remain in the MLS (with the correct status) until the transaction closes or the contract is terminated, as required by MLS rules.

Termination by Agency. Agency may cancel the listing, without refund, if: the property becomes involved in litigation; the property or its information is misrepresented; the property is listed in the MLS by another brokerage without first canceling with Agency; the Owner is unresponsive to Agency, MLS, or cooperating agents; the Owner violates fair housing law, MLS rules, or this Agreement; or Agency determines that continuing would expose it to legal or regulatory risk.

Automatic extension. If the property is under agreement when this Agreement would expire, the listing is automatically extended at no cost until the transaction closes or the contract terminates.

Refunds. A full refund is available only if the Owner requests it in writing within 14 days of payment and Agency has not yet received all required documents or begun entering the listing in the MLS. After 14 days, or once listing entry has begun, the fee is non-refundable; if the listing has not yet been entered, the fee may be held as a credit toward a future listing with Agency for 12 months. Refunds are issued within 14 days of approval. Initiating a chargeback instead of requesting a refund is a breach of this Agreement, and Agency may withdraw the listing.

Renewal. The Owner may renew for an additional term by submitting a new Listing Contract and paying the then-current fee.

Safety Tips and Closing Checklist

Safety during showings

• Hide, lock up, or remove valuables and personal items: phones, tablets, laptops, jewelry, medications, firearms, credit cards, checkbooks, mail, remotes, and spare keys.


• Fix or block off broken steps or railings, and keep walkways shoveled and sanded in winter.


• Crate or remove pets during showings.


• Never share door codes or lockbox codes with buyers or tenants, even for vacant properties.


• Verify that anyone claiming to be an agent is licensed through the MA Division of Occupational Licensure or the NH Office of Professional Licensure and Certification.


• Have someone with you at showings and open houses, or ask a neighbor to keep watch.


• Be alert to wire fraud: never send or change payment instructions based on an email alone. Confirm by phone with your attorney using a number you already know.

Closing checklist (sales)

1. Report the accepted offer or signed P&S through Update Listing Status within 24 hours.


2. Hire a real estate attorney to review the contract and prepare the deed (or confirm the buyer's closing attorney will prepare it).


3. Order the smoke and carbon monoxide certificate from your local fire department.


4. MA: complete the Title 5 inspection if the property has a septic system. NH waterfront: confirm the Site Assessment Study was completed.


5. Condos: order the 6(d) certificate (MA) or HOA resale documents (NH).


6. Arrange final water and sewer readings with your town.


7. Ask whether the buyer will credit you for remaining oil or propane.


8. Complete any agreed repairs and leave all included items in place for the buyer's final walk-through.


9. Bring photo ID, required certificates, all keys, garage remotes, and alarm codes to closing.


10. Report the closing (final price and date) through Update Listing Status within 24 hours.

Seller Details and Sale Type

Signatures and Final Acknowledgments

Electronic signature. Each Owner agrees that signing electronically (by drawing or typing a name) is the legal equivalent of a handwritten signature and that this Agreement may be delivered electronically. A copy of this submission will be emailed to the address provided; check spam if it doesn't arrive.

Acknowledgment. By signing, each Owner confirms that they have read and understand this entire Agreement, including the Agency Relationship disclosures, Required Seller Disclosures, Limitation of Liability, and Refund terms; that they received a copy of the applicable MA or NH relationship disclosure; and that they have had the opportunity to consult an attorney.

All owners on the deed must sign before the listing is entered.

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