Terms of Service
Terms of Service-
This agreement is
made between Pay It Forward Realty, LLC (Company) and the
Property Owner (“Seller”), as identified on the MLS Data Input Form,
which is incorporated herein by reference.
1.
Real Estate Services
~ The company will List Seller’s property on MLS
(Multiple Listing Service) according to the Data Sheet approved by Seller.
~ The seller is responsible for making sure the
information on MLS is updated and accurate.
~ The “Company” will Distribute listings to the MLS and
other sites associated with the MLS as well as various Social Media sites.
~ Seller may update their MLS listing at any time
through the Company’s website.
~ The “Company” will handle the acceptance,
presentation, and forwarding of offers, counter offers, leases, or exchanges
related to the property as directed by the State of Utah.
~ The “Company” and/or Agents within the “Company”
shall negotiate, prepare contracts, addendums, disclosures associated with the
sale of the property as required by the DRE.
~ The “Company” shall work with the Title company
chosen by Seller and will oversee Closing documents.
~ Seller agrees
that by signing final closing documents they are approving said documents.
~ If Listing expires and a Buyer or Buyer’s agent has
viewed the property before expiration and an offer was presented and accepted by
said Buyer or Buyer’s agent within 3 months after expiration, then Sections 6
& 7 still applies concerning that offer.
2. REPRESENTATION
& RELATIONSHIPS
By signing the
Listing Agreement, the Seller appoints the Principal or Branch Broker of the
“Company” (the “Broker”) as their authorized agent. The Seller authorizes the
Broker to assign another agent within the “Company” to assist in advertising
and representation duties as deemed necessary by Broker. This assignment will
be communicated via email or text. The assigned agent’s contact info will be
listed on the MLS. As the Seller’s fiduciary representatives, the agent must
act with honesty, loyalty, full disclosure, confidentiality, care, and in
accordance with legal obligations.
Limited/Dual Agent- The Seller
acknowledges that the Seller’s Agent and Broker may, now or in the future,
represent the buyer interested in purchasing the property. In such cases, they
may act as Limited/Dual Agents, simultaneously representing both
sides and owing fiduciary duties to both the Seller and the Buyer, with certain
limitations. These duties include maintaining neutrality, which prevents the
agent from sharing confidential or bargaining information that could diminish
either party’s leverage (such as the highest offer the buyer will make or the
lowest price the Seller will accept). However, the agent must still disclose
confidential information if withholding it would constitute a material
misrepresentation regarding the property or the parties’ ability to perform.
The Seller understands that they retain the right to have separate
representation, and any dual agency will require a signed consent agreement
from both Seller and Buyer.
3. Seller
Responsibilities
The Seller agrees to
promptly notify the “Company” of all changes impacting the Listed property
immediately.
The Seller shall
choose a title company and inform “Company” of said title company.
The seller is
responsible for making property available in a timely manner to inspectors,
appraisers, and any entities that deal with selling the Listed property.
4. Safeguarding
Personal Property
Seller is informed
that there could be risks to personal property when selling a home and having
potential Buyers and their agents tour the home. The Seller acknowledges that the Company is
not an insurer against the loss of or damage to personal property. The Seller agrees to hold the “Company”
harmless from any loss or damage that might result from any authorizations
given on behalf of Seller.
5. Signage &
Photos
“Company will post
brokerage sign on property unless Seller requests that “no” sign be
posted. (note: only Brokerage signs are
permitted per MLS rules) “For Sale” signs will have pertinent information from
the “Company” as well as have advertising information for the “Company”.
“Company” is
responsible for photos of Listed property unless Seller requests or agrees to
supply them. Photos on the MLS and other
advertising list must be original or licensed.
Unauthorize use of photos may result in a fine.
6. Seller’s Agent
Commission
Seller shall pay the “Company” a Commission that is
negotiated between Seller and “Company”.
This commission is payable from Seller’s proceeds at Closing.
7. Buyer’s Agent
Commission
The MLS will no
longer allow Sellers/Agents to display commissions payable to buyer’s agents. Note:
Sellers can still offer a commission.
Agents may contact the Seller directly for details or may put the
Buyer’s commission into the offer from the Buyer. Commissions are
negotiable.
While you have no
obligation to offer a commission keep in mind that offering low to no
commission to the Buyer’s agent may make costs to the Buyer go up. This could make them decide not to see or
offer on your property.
If an agent or the
“Company” finds a buyer willing and able to purchase the property during the
listing period at the listed terms or negotiated terms, the Seller agrees to
pay a buyer-agent commission, which will be negotiated at the time of offer.
This commission will be paid from the Seller’s proceeds upon closing, unless
otherwise agreed.
The Seller
authorizes Pay It Forward Realty LLC to facilitate and formalize compensation
agreements with the Buyer’s Brokerage based on the negotiated commission.
8. Lead-Based Paint
Disclosure (Homes Built Before 1978)
Seller is
responsible to provide the buyer/agent with the EPA-disclosure brochure
titled “Protect Your Family from Lead-Based Paint” which is
available through the Company’s website.
9. Disclosure of
Hazards
The Seller agrees to
disclose immediately if Mold, Asbestos, Radon, etc. is present on the property.
These items could pose health risks to Buyers and Agents.
10. Right to Sell
The Seller affirms
they own clear, marketable title and have the legal right to sell the property.
11. Termination
& Cancellation
Refunds may be requested before the listing becomes
active on MLS. Once active, the full listing fee is considered earned, and no
refunds will be issued.
12. Liability
Limitation
In case of disputes
involving acts or omissions by the Seller, Buyer, Agents. The Seller agrees to
hold the “Company” including Broker, Agents, Staff, and its affiliates harmless
from liability. If a court or arbitrator holds the Company liable, the Seller
agrees to limit damages to the amount of the original fee charged to List their
property on the MLS.
13. Fair & Equal
Housing Commitment
The Seller and “Company”
agree to comply with all applicable federal, state, and local fair housing
laws.
14. Electronic
Transmission & Counterparts
Electronic
transmission (including email and fax) of a signed copy of this agreement as
well as Listing Agreement including any addendums, Purchase agreement &
Addendums, and other forms and disclosures connected with the Sale of the
Listed property, and the retransmission of any signed electronic transmission,
shall be the same as delivery of an original.
These Agreements and any addenda may be executed in counterparts.
15. Seller
Acknowledgments
Seller agrees and prefer to manage and make property accessible for all
showings. Seller acknowledges that they
can upgrade to a higher program offered by Company with an additional fee due
at closing to ensure that transaction complies with State and MLS regulations
any time before Closing.
All property owners
must type their name below as an electronic signature. Business entities must
include the authorized individual’s name.
By entering your
name and clicking “Continue,” you agree to the Terms of Service outlined above.