1. PROPERTY ADDRESS: 

LEGAL DESCRIPTION: 

Beginning on , 2008 and terminating on , 2009. The seller certifies and represents that seller is the legal titleholder and entitled to convey the property, all improvements and any personal property. This agreement does not guarantee a sale. The seller may withdraw the listing at anytime with no commission owed to TCAT Realty Services.

2. PERSONAL PROPERTY: Seller agrees to offer for sale through the services provided by TCAT Realty Services, the property, fixtures and all improvements thereon. All personal property to be conveyed at the time of sale shall be listed by seller in the Real Estate Sales Agreement entered into between seller and buyer and shall be transferred free of any liens. Items included in the sale of the property are as follows;

3. LISTING PRICE and TERMS: The Property and all improvements are offered for sale at a selling price of $ The seller is solely responsible for determining the appropriate listing price and financing terms.

4. (a) SELLER OBLIGATIONS & BROKER COMPENSATION: The property and all the improvements thereon are offered for sale at the listing price. Changes to the listing must be submitted to broker in writing. During the first week of your listing all changes will be made at no charge. Subsequent changes are permitted once a month at no charge. If seller requests additional changes, a service charge of $25 per change request will be assessed. TCAT Realty Services, shall make any modifications and changes in the MLS pursuant to MLS rules. Seller agrees to make the property available at all reasonable hours for showing to prospective buyers.

(b) Seller agrees to pay a commission of (%) less a compliance fee of $200 to a licensed buyer's agent who represents and introduces the property to a ready and able buyer pursuant to a written or oral agreement. Seller must pay the buyer's agent commission if, during the term of this agreement or the protection period, within 60 days after this listing expires, Seller transfers the property to a buyer shown the property by a cooperating broker. Commission to the buyer's agent will only be paid upon completion (closing) of the sale of the property.  A compliance fee of $200 will be paid to TCAT Realty Services at closing.

NOTICE: The amount or rate of the real estate commission is not fixed by law. They are set by each Broker/Realtor individually and may be negotiable between the seller and Broker/Realtor.

(c) Under this Agreement, the seller can sell his/her Property himself/herself to any buyer not procured or represented by a participating real estate agent, in which case no selling agent commission is due.

5. (a) SELLER'S REQUIREMENTS: Seller shall provide TCAT Realty Services with all property information requested and represents that said information is accurate to the best of seller's knowledge. Seller is responsible for any inaccuracies in the information provided to TCAT Realty Services and agrees to be responsible for any fines assessed by the MLS by any MLS infractions caused by seller as stated below. Seller understands that TCAT Realty Services does not conduct any investigation of the property to verify the information provided by seller and is not responsible for the accuracy of the information. TCAT Realty Services shall input the property information with the local MLS in accordance with local MLS rules and regulations. Seller shall review all of the information provided entered in MLS by TCAT Realty Services to verify that it is accurate within 48 hours of receipt.

(b) Seller, upon entering into a contract of, agrees to notify TCAT Realty Services, within 24 hours, and will update TCAT Realty Services, of future updates to the contract. This includes, but is not limited to, contract falling apart, contract extension, closing of sale.

6. SERVICE FEE: Seller agrees to pay at the time of entering into this agreement and in the manner provided herein a nonrefundable service fee of $ 375 425 475 700 for the initial term of the agreement. The service fee charged is for placing the initial property information into the MLS and on Realtor.com. It is not the Broker's responsibility to provide additional services, input regarding the status of the property or market conditions.

7. BROKERS SERVICES: TCAT Realty Services will perform the following marketing services under this agreement. Enter property in the local MLS (Multiple Listing Service) and on Realtor.com for up to 1 year. Instructions in MLS will direct all inquiries directly to the seller. Screen prospects that call the TCAT Realty Services office directly to ensure the prospect is qualified before showing the property. If applicable, provide a 'for sale' sign (custom signs to comply with deed restrictions may cost more). If a sign is included, an optional sign rider is available. This sign rider will provide a real estate hotline for prospects to call and get details about the property. If applicable, provide an electronic lock box to allow licensed Realtors access to property. If applicable, provide a virtual tour attachment to the MLS listing.

PLEASE NOTE - The NAR (National Association of Realtors) prohibits Realtors from including sellers' contact information on Realtor.com directly because it is publicly accessible. Do not confuse Realtor.com with the local MLS. They are two separate entities. Realtor.com downloads property data from the local Board of Realtors (MLS) and makes that information available to the public on a limited basis. We list the seller as the property contact on the MLS.

8. SELLER'S MANDATORY DISCLOSURE: Seller shall make all legally required disclosures, including all facts materially and adversely affect the value of the Property, which are not readily observable. Seller represents that there are no material facts other than the following: . Seller shall immediately inform Broker of any material facts that arise after signing this agreement.

9. REPRESENTATIONS: Seller represents warrants and agrees as follows:

• Seller understands that he must comply with all federal, state and local laws concerning fair housing. Seller acknowledges that federal, state and local laws prohibit discrimination in the sale of property based on race, color, religion, sex, disability, familial status, national origin or any other factor protected by federal, state or local law.
• All persons and/or entities authorized to sell the Property have signed this Agreement, and the undersigned signature(s) include all person(s) and or entities, or their duly authorized representatives, who have an ownership interest in the property. If the individual signing this agreement is acting in a representative capacity, such individual certifies that he is legally authorized to enter into this agreement.
• Seller has given TCAT Realty Services the information regarding the property to appear on the MLS. Seller understands that the property information will be included in the MLS. Such information is accurate and complete and does not omit or fail to disclose any material defects regarding the property known to seller.
• Seller shall indemnify, defend and hold TCAT Realty Services harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses (including reasonable attorneys fees) arising from any misrepresentation, nondisclosure, concealment nonperformance of any purchase/sale agreement, or payment of any commission by Seller in connection with the sale of the property, including without limitation, the inaccuracy or incompleteness of any information provided by seller for listing on the MLS, use of a lockbox, existence of undisclosed material facts or court or arbitration decision that for a broker who was not compensated in connection with a transaction.

10. TERMINATION OF AGREEMENT: There is no termination fee in the event the seller decides to withdraw property from the market by giving written notice to TCAT Realty Services provided there is not a contract pending on the property from a buyer who was produced by participating licensed real estate agent. A refund will only be provided in the event that TCAT Realty Services, Inc. does not accept this agreement.

11. ATTORNEY'S FEES AND COSTS: If a dispute arises by and between the parties or involving the subject matter of this agreement and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney's fees and litigation costs, including appellate attorney's fees and costs by the non prevailing party.

12. CHOICE OF LAW AND FORUM: All disputes by and between the parties hereto shall be exclusively heard in Orange County, Florida and Florida state law governs the interpretation and application of this Agreement.

13. SELLERS ACKNOWLEDGMENT OF TCAT Realty Services's LIMITED DUTIES: This Agreement creates a limited service listing agreement to market seller's property and limits the performance requirements of TCAT Realty Services as set forth herein. TCAT Realty Services, Inc. is not representing seller as a 'full service' Real Estate Agency. No other agreement, expressed or implied, shall be held to impose any greater relationship than that set forth herein. Seller waives any claim or cause of action it may have against TCAT Realty Services, its owners, agents and employees arising as a result of any act or omission of TCAT Realty Services, Inc. Seller accepts the responsibility to comply with all ordinances, regulations and statutes pertaining of seller offer for sale and sale of the property.

NO BROKERAGE RELATIONSHIP NOTICE

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.

As a real estate licensee who has no brokerage relationship with you, TCAT Realty Services, Inc. and its associates owe to you the following duties:

1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.
3. Accounting for all funds entrusted to the licensee.

This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark, which may be used only by real estate licensees who are members of the National Association of REAL TORS and who subscribe to its Code of Ethics.

REAL PROPERTY SALES/RENTAL DISCLOSURE

1. CLOSING COST: Upon closing the sale or rental of real property, additional costs may be demanded from the buyer/seller in the form of closing costs. The following are a list of the known major closing cost items typically charged to the buyer and/or seller- Attorney Fees, Title Insurance charges, Survey charges, Real Estate taxes, Abstract charges, Appraisal fees, Doc stamps, Recording fees, Loan Origination fees, Mortgage Transfer fees, Lender service fees, Credit report fees, Discount Points, Pre-paid Escrow fees, Endorsement Fees, Intangible tax and Condo Association fees, Inspection costs, Hazard and Flood Insurance.

2. FINANCING: Mortgage interest rates and discount points vary with financial institutions and the marketplace on a daily basis. The buyer has the right to select the lender and the right to negotiate the financial terms and conditions of the loan. This may be subject to the seller's approval and/or the lenders requirements.

3. ENERGY EFFICENCY RATING: The buyer may within the inspection period of the contract have the property energy efficiency rating determined. Buyer acknowledges that a Department of Community Affairs Brochure on the Florida Building Energy Efficiency Rating System was received at the time or prior to closing.

4. RADON GAS: Radon Gas is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to over a period of time. Levels of Radon Gas that exceed the Federal and State guidelines have been found in buildings in Florida. Additional information regarding Radon Gas and Radon testing may be obtained from the County Public Health Department.

5. LEGAL REQUIREMENTS: In Florida, all contract for sale of Real Property or any lease for a property for a period in excess of one year are required to be in writing to be enforceable and to comply with the law. The buyer and /or seller have the right to have legal counsel review these forms and represent them.

THE UNDERSIGNED ACKNOWLEDGES THAT THIS WRITTEN NOTICE WAS RECEIVED BEFORE SIGNING CONTRACTUAL OFFER OR LEASE AGREEMENT IN COMPLIANCE WITH FLORIDA STATUTES AND FLORIDA ADMINISTRATIVE CODE.

Seller Signature:

Telephone #'s:   Home     Work

Address:

Email:

Seller 2 Signature:

Telephone #'s:   Home     Work

Authorized Listing Broker:

Brokerage Firm Name: TCAT Realty Services, Inc.

Phone: 407-421-3002