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GPS Properties P.O. Box 1945 Cumming, GA 30028 706-344-2619 |
GPS Property # __________________ |
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1. EXCLUSIVE RIGHT TO SELL: (“Seller”) hereby employs and grants GPS PROPERTIES (“Listing Broker” (Broker”) the exclusive and irrevocable agency right, commencing on (date) ______________ and expiring at 11:59 P.M. GMT on (date)__________________ (“listing Period”) to market and sell the real Property located in (description- directions and/or legal description) __________ _____________________________________________________________________________________ _____________________________________________________________________________________
2. TERMS OF SALE:
A. LIST PRICE: The listing price shall be $ ________________________________ (U. S. Currency).
B. PERSONAL PROPERTY: The following items of personal property are included in the above price: (or check here (___) see attached inventory list “Addendum A”)
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C. ADDITIONAL TERMS: (or check here (___) see attached (“Addendum B”).
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Check here (___) for inclusion of Dispute Resolution – Arbitration of Disputes (“Addendum C”).
3. TITLE: Seller warrants that Seller and no other persons have title to the Property, except as Follows:
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4. COMPENSATION TO LISTING BROKERAGE:
A. Seller agrees to pay Broker as compensation for services * ______%
(_____ percent of the purchase price) and as follows:
1. If Broker and/or any other consulting agent produces a buyer(s) who offers to purchase the property on the above price and terms, or on any price and terms acceptable to seller during
the Listing Period, or any extension.
2. If within 30 calendar days after expiration of the Listing Period or any extension, the property is sold, conveyed or otherwise transferred to anyone with whom Broker or a cooperating has had negotiations, provided that Broker gives Seller, prior to or within 5 calendar days after expiration of the Listing Period or any extension, a written notice with the names of the prospective purchaser(s), if the Property is withdrawn from sale, transferred or conveyed to another, or made unmarketable by a voluntary action of Seller, during the Listing Period or any extension.
B. Broker is authorized to cooperate with other agents and divide with other agents the above compensation in any manner acceptable to Broker.
C. This listing agreement shall serve as an irrevocable instruction and authorization from the seller to the attorney or party responsible for receiving and distributing all funds/proceeds to the seller at the closing of the sales transaction, to release from the seller’s proceeds the total compensation due as per this listing agreement, to the Broker. If there are no funds due to the seller at the closing
of the sales transaction, the total compensation fee is still due as per this listing agreement. The
seller shall pay the fee directly to the Broker at the closing of the sales transaction. The Broker shall
be responsible for paying the fee due to any cooperating agent from the funds they have received.
Seller & Agent acknowledge receipt of copy of this page, which contains Pg. 1 of 2
Seller’s Initials (______) (______) Agent’s Initials (______) (______)
5. LISTING BROKER’S AND SELLER’S DUTIES: Broker agrees to exercise reasonable effort and due
diligence to achieve the purposes of this Agreement, and is authorized to advertise and market the
Property in any medium selected by Broker. Seller agrees to consider offers presented by Broker, and to act in good faith toward accomplishing the sale of the Property. Seller further agrees, regardless of responsibility, to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgements and attorney’s fees arising from any incorrect information supplied by the Seller, whether contained in any document, omitted there from, or otherwise, or from any material facts which Seller knows but fails to disclose.
6. AGENCY RELATIONSHIPS: Broker shall act as the agent for Seller in any resulting transaction.
Depending upon the circumstances, it may be necessary or appropriate for Broker to act as a consulting agent for both Seller and Buyer, or one or more additional parties (“Buyer”).
7. DEPOSIT: Brokerage is authorized to accept and hold on Seller’s behalf, a deposit, until final acceptance
of the offer, then it shall be delivered to an escrow holder.
8. PROPERTY ACCESS: Seller agrees to provide Broker with key(s) to Property.
9. SIGN: (If checked:) (___) Seller authorizes Broker to install a FOR SALE/SOLD sign(s) on the Property.
10. ATTORNEY’S FEES: In any action, proceeding, or arbitration between Seller and Broker regarding the obligation to pay compensation under this agreement, the prevailing Seller or Broker’s agents shall be entitled to reasonable attorney’s fees and costs except as provided in Addendum C (Dispute Resolution –
Arbitration of Disputes), if this is made part of the agreement.
11. ENTIRE CONTRACT/AGREEMENT: All prior discussions, negotiations, and agreements between the parties concerning the subject matter of this Agreement are suspended by this agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous photocopy or facsimile, may be executed in counterparts. If any term(s) within the agreement shall be void the remaining terms and contract/agreement shall be in full force and effect.
Seller warrants that Seller is the owner of the Property or has the authority to execute this conteract/agreement. Seller acknowledges that Seller has read and understands this Agreement, and has received a copy.
* Broker Services defined: Marketing/Advertising, website inclusion, property analysis, buyer qualification, attorney / escrow referral service, financial/investment analysis, and sale consummation.
Seller______________________ Date _________ Seller______________________ Date __________
Address _______________________________ Address _______________________________
City ___________________ State _______ Zip _______ City __________________ State _______ Zip _______
Agent______________________ Date _________ Agent______________________ Date __________
Address: _______________________________________________________________________________
Telephone: ______________________Fax: ________________ ______ Email: _______________________
Check here if “Addendum A” (____) is attached or if “Addendum B” (____) is attached.