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
~ 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.
~ 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 multiple 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” will support the Seller with responses to inquiries, provide guidance in addressing offers, contracts, disclosures, and closing documents when requested by seller as is required by the DRE.
~ The “Company” shall provide online forms and disclosures accessible through the Company’s Website.
~ The Seller may cancel Listing agreement at any time with written notice of at least two business days prior and if there are no pending offers on property. If a Buyer or Buyer’s agent had viewed the property before cancelation and their offer was presented and accepted within 3 months after Cancellation, then Section 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. These include but are not limited to accepting an offer (going under contract) and (sold) closing on the sale of the property.
Copies of any contracts, disclosures, or addendums must be provided within 24 hours of signing. Additionally, the Seller will share the full contact information for the closing, such as the Title company, the Escrow officer, Buyer’s agent, Mortgage Loan Officer, etc. via email to “Company”. Seller is responsible to communicate with Buyer’s and Buyer’s agents in a timely manner whether it is setting up showings, responding to offers, counter offers, setting up inspections, appraisals, and anything that deals with selling their 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
ONLY BROKERAGE SIGNS ARE PERMITTED PER MLS RULES. The Seller agrees to use only a licensed brokerage sign or may elect to have no signs at all. A sign frame is purchasable locally; signs are shipped within 3-5 business days. Unauthorized signs such as “For Sale by Owner” or other non-brokerage signs may not be in pictures and must be removed before listing activation to avoid a $100 fine. If Seller breaks this rule and a fine is imposed to Seller and/or “Company”, the Seller will be solely responsible to pay all fines imposed to Seller and/or “Company” within 7 business days of the fine being imposed.
Unauthorize use of photos may result in a $1,000 fine. Photos on the MLS and other advertising list must be original or licensed. The Seller agrees to these photo and signage policies and shall pay any fines imposed within 7 business days.
6. 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.
7. Transaction Fee
A fee of 0.25% of the final sale price will be collected at closing.
For example:
If the agreed commission to the buyer’s agent is 2.25%, the total payable to the Pay It Forward Realty will be 2.50% (the 2.25% plus the 0.25% transaction fee).
If no buyer’s agent is involved, only the 0.25% fee applies.
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
The Seller may cancel this agreement at any time with a written notice to “Company” at least two business days prior to cancellation. If the property was shown to a Buyer or Buyer’s agent before cancellation and an offer was presented and accepted within 90 days after cancellation date, Section 7 still applies concerning that offer.
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 Pay It Forward Realty LLC 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 all showings, negotiations, and paperwork independently, complying with the State of Utah and Division of Real Estate regulations. Seller will and shall provide copies of all signed documents promptly to the “Company” to ensure proper compliance with the State of Utah and MLS. Seller acknowledges that they have full access to the “Broker” of Pay It Forward Realty, LLC to answer any questions and/or guide Seller through their transaction. 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.