Agency & Listing Agreement
Back to Legal<span class="mustache">Whereas, the undersigned parties have entered into a certain Agreement between {{ BL_AgentName }} ("Agent") and {{ BL_SellerName }} ("Seller"), with a Binding Agreement Date of {{#BL_COND_Signed}}{{ BL_AgreementSignedOn }}{{/BL_COND_Signed}} {{^BL_COND_Signed}}{{ BL_TodaysDate }}{{/BL_COND_Signed}} for the sale of property at {{ BL_PropertyAddress }}.</span>
Prior to entering into this Agreement with you, as a exclusive listing, applicable law requires that we make certain disclosures to you, as follows: (1) advise you of the types of relationships available with {{ agent.name }} which are set forth herein; (2) advise you of any other relationships held by Agent which would conflict with any interest of yours actually known to Agent please note, that the platform may be used by Agent to represent other sellers regarding sales of property which may be in direct competition with the sale of your property; (3) advise you as to Agent's compensation and whether they will share such compensation with other brokers who may represent other parties to the transaction; (4) advise you of Agent obligation to keep certain information confidential.
By using the Services offered on the platform provided by Agent you represent that you are the homeowner or otherwise have all requisite authority to list the property for sale. You further represent that you have the right to upload all data that you provide on behalf of yourself and, any property owner or other person that you represent. When you accept this Agreement, Agent relationship to you will be as an independent contractor and an Agent. "Agent" means that we may, acting under the authority of this Agreement, solicit offers to purchase real property subject to this Agreement without being subject to your control, except as to the result of the work. Agent shall not be deemed to have a fiduciary relationship or fiduciary obligation with you (or any party), except as may be expressly provided otherwise by law, nor shall Agent be considered your employee. Each Seller warrants and represents that they are not a party to any other listing agreement.
Agent is authorized to make disclosures to prospective buyers about your property in reliance on information you provide. Your obligation to disclose material adverse facts about the listed property, particularly latent or hidden defects, is not changed by this Agreement. All defects in the listed property which adversely affect its value shall be disclosed.
Each Seller warrants and represents that the information with respect to any property submitted for sale on the platform is true and correct and that Seller has fully and accurately disclosed all pertinent information with respect to such property, including defects therein, if any, and that Agent is authorized to convey all such information to all prospective buyers. Agent will treat all prospective buyers honestly and will not knowingly give them false information. Agent shall keep confidential any information you expressly ask Agent to keep confidential unless specifically prohibited by law. However, despite the foregoing, Agent will timely disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property, including, but not limited to, material defects in the property, environmental contamination, and facts required by statute or regulation to be disclosed which are actually known by Agent, particularly if such defects could not be discovered by a reasonably diligent inspection of the property by the buyer. Nether Agent nor WyzeGyde® shall not be liable to a buyer for providing false information if the false information was provided to agent through platform or other means by you and if either did not have actual knowledge that the information was false. Nothing in this paragraph shall limit any of your obligations under any applicable law to disclose to prospective buyers all material adverse facts actually known by you pertaining to the physical condition of the property, nor shall it limit the obligation of prospective buyers to inspect the physical condition of the property. No cause of action shall arise on behalf of any person against agent or WyzeGyde® for revealing information in compliance with this paragraph.
Broker may show alternative properties to buyers and provide information. Agent's platform shows multiple properties to various buyers. Agent does not breach any duty or obligation to you by showing alternative properties to prospective buyers. Due to the nature of the Services, agent may also provide information on other properties which may be in competition with your property.
In consideration of agent's agreement to act as an agent for and on behalf of a homeowner to obtain offers for a listed property, each homeowner using the platform provided by agent does hereby authorize and grant to agent the right and power to list the property for sale and obtain offers from buyers from the date of listing the property until termination or cancellation in accordance with Expiration Date within this agreement which shall be 30 days from day of inception. Expiration Date shall be extended 30 days upon request from Seller. Agent is specifically authorized to market the property and to receive and present purchase offers for each property listed on the platform. This agreement can be terminated at any time at the will of either agent or seller. Each Seller agrees in the event of an acceptance of an offer by Seller that agent may receive 1% compensation in the form of referral fees offered by buyers or any additional commissions if they are disclosed in purchase offer. WyzeGyde® compensation is derived from fees paid by real estate agents for Services rendered on behalf of agent. WyzeGyde® receives no fees, referrals, or any other form of compensations from agents, brokerages, or Buyers.
Seller shall and hereby does authorize the closing attorney or settlement agent to deliver to agent a copy of any settlement statement or integrated disclosure prepared in anticipation of and upon the completion of any closing contemplated hereunder. Once a contract is entered and in connection with closing, each Seller agrees to cooperate with any settlement agent, title company or closing attorney engaged to handle the closing of the listed property or provide title insurance in connection therewith by executing such authorizations as may be necessary to collect documents necessary to provide clear title to the listed property, such as lien payoffs, mortgage payoffs or account statements from third parties. Seller agrees to execute at closing any documents reasonably necessary or required under state or federal law in order to complete the sale of the Property, including, but not limited to, any documents required under applicable law regarding withholding requirements of owners.
Agent, WyzeGyde®, and each Seller shall abide by all federal, state and local laws, and shall assist one another in reporting any suspicious or unlawful activity such as mortgage fraud to appropriate law enforcement, mortgage company and title company personnel. Specifically, agent, WyzeGyde, and each Seller agree they will not discriminate against any prospective buyer because of race, color, sex, religion, handicap, familial status, national origin, gender identity or sexual orientation of such person in accordance with applicable federal and state laws.
As to any matters not covered by our duties in this Agreement, we are not an expert, and Seller selling property on the platform is encouraged and advised to seek expert advice and to retain appropriate experts such as environmental engineers, termite inspectors, engineers, surveyors, plumbers, contractors, property inspectors, lawyers, accountants and the like, as such person may deem appropriate. Each Seller expressly acknowledges that the Agent is not an expert in matters relating to the condition or construction of the Property and the surrounding neighborhood, including, but not limited to, any structural, safety, title, environmental, financial, tax, legal or health concerns, or issues regarding the surrounding community, future or current real estate development, mortgage fraud or municipal services offered to local residents, and has given no advice nor made any representations in regard thereto upon which such Seller has relied. Each Seller using the Services releases agent, WyzeGyde, and any affiliated agent and employee from any cost, expense or liability that may result from such Seller's reliance on any perceived advice given with respect to the foregoing.
To the extent permissible by law, you will defend and indemnify agent and WyzeGyde and hold them and their affiliates, officers, directors, managers, employees, agents, vendors, merchants sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Services; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in this Agreement, specifically including but not limited to, your giving any information which is incorrect, or arising out of, directly or indirectly, your failure to make such disclosures of any and all physical characteristics of the listed property that may adversely affect the value of a listed property, including but not limited to lead-based paint, radon gas, asbestos, water problems and/or structural defects, or (iv) your violation of law or any rights of another person.
THE SERVICES ARE PROVIDED "AS IS" AND "AS-AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, AGENT, WyzeGyde, AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. AGENT and WyzeGyde ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SERVICES, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICES' ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE SERVICES, ANY CONDUCT BY OTHER SELLERS ON THE SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR SERVERS.
YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE US OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES.
CERTAIN STATE JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any notices to you from agent regarding the Services or this Agreement will be posted on the platform or made by email or regular mail. Services are controlled from offices within the United States. We make no representation that the content on our Services is appropriate, legal or available for use in other locations. Those who choose to access our Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export our content in violation of United States export laws and regulations. Any claim relating to our Services, the services provided through our Services or our content shall be governed by the laws of the state where the property referenced herein is located, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state where the property is located.