TERMS OF SERVICE
1. LISTING TERM.
THIS AGREEMENT is entered into effective September 7, 2010 by and between Insight Realty (the "Company") and (the "Seller") the legal owner of the property and will expire in 12 months, or upon the Seller's written cancellation of this agreement as allowed in accordance with section 10 below.
2. SERVICE & FEE.
INSIGHT REALTY (The Company) agrees to list the Seller’s property on the Realtor’s MLS system (once listing input to the MLS is completed, no refunds will be given). Provide additional services to include the following...
Listing on Realtor's MLS with up to 24 photos on the WFRMLS (Northern & Central Utah's MLS) depending on plan chosen.
Listing on Realtor.com, UtahRealEstate.com, and other MLS subsiduary websites.
IDX listing distribution to affiliate websites.(Hundreds)
Syndicated Virtual Tour (a $189 value)(Gold Listing only)
Your name and phone number listed as contact on the MLS.
AUTOMATED call forwarding 24/7.
Edit isting price anytime 24/7.
Online supplie store.
Online forms & disclosures.
You maintain control of your sale.
Live Help Desk.
"Silver Listing" sellers may upgrade at anytime to "Gold Listing" w/assistance at for an additional $299.(paid online) plus $1,500. closing fee due at closing.
Cancel anytime for any reason.
3. SHOWINGS AND OFFERS.
The Seller is responsible for all showing arrangements with buyers and buyer’s brokers. if you chose "SILVER", you (the seller) will handle all your offer negotiations and all communications with buyers and brokers, along with arranging inspections, appraisal, escrow, settlement and closing. The Company's broker or asigned agent shall be available Monday through Saturday 9am to 5pm by phone, fax or email, to assist in delivery of offers, counter-ofers and notices. Upon the Company's receipt of any offer on the Seller's property, the Company shall forward all offers direcly to the seller by fax or email. The seller is authorized to instruct any agent or buyer to deliver offers, counter-offers and all notices, to the listing Broker. UNDER THIS LIMITED SERVICE AGREEMENT, THE COMPANY DOES NOT NEGOTIATE THE SELLERS OFFER.
4. AGENCY RELATIONSHIP DISCLOSURE.
The Seller designates the Principal Broker, for the Company, as "broker" for the Seller to assist the Seller as noted in section 2 and 3 of this Agreement. The Seller also authorizes the "broker" to appoint an additional agent in the Company to assist the Broker with duties outlined in section 2 and 3 of this Agreement.
5. SELLER OBLIGATIONS.
The seller is obligated to keep the Company informed of any changes regarding the selling status of the property, allowing the Company to update the MLS in a timely manner. Such changes would include, accepting an offer on the property and closing the sale. The Seller agrees to notify the Company of any such change within 48 hours. At closing, the Seller agrees to provide to the Company a copy of the “Settlement Statement" (also known as the HUD 1). For ease of delivery, the Seller may instruct their Attorney, Title Company, Escrow Agent or Closing Officer to forward a copy of the closing statement (HUD1) to our office by fax or email. The Company will use the information contained within the HUD1 to update the MLS as required. The Seller does hereby authorize the Company to disclose the final terms and sales price of the property to the MLS.
6. ATTACHMENT.
The MLS Data Input Form is incorporated into this Agreement by this reference.
7. BUYER’S BROKER COMMISSION.
As per MLS requirement, the Seller agrees to offer compensation (specified on the MLS Data Input Form) to any agent who brings a ready, willing and able buyer who places an offer that is accepted and closes under the Seller's agreed upon price and terms. As per MLS guidelines, the Seller may offer any sales price percentage commission desired. If there is not a buyer's agent involved in the sale, the Seller shall not be obligated to pay any compensation.
8. SIGNAGE.
Utah MLS rules prohibit the use of "By owner" signs on listed properties. A “By owner” sign is considered to be any non-brokerage sign. The Company has designed a brokerage sign to accommodate the Seller’s needs, with number on the sign that will forward all calls directly to the Sellers pesonal phone. The Seller agrees to use our BROKERAGE SIGN on the Property or NO SIGN at all. Signs and other products are available for purchase through this company website www. InsightFlatFee.com
9. STATUS UPDATES.
In an effort to keep an accurate status on the MLS regarding the Seller's Property, the Seller agrees to confirm with the Company, any listing status change of the Seller's Property within 24 hours of any status request made by the Company.
10. RIGHT TO CANCEL.
The Seller may cancel this agreement at any time for any reason. Cancellation must be initiated through the Company web site, www.InsightFlatFee.com, with at least 24 hours notice.
11. EQUAL HOUSING OPPORTUNITY.
The Seller and the Company shall comply with Federal, State, and local fair housing laws.
12. LEAD BASED PAINT DISCLOSURE – HOUSES BUILT PRIOR TO 1978.
Upon the presentation of any offer on the Property, the Seller agrees to furnish the buyer with a copy of the E.P.A. produced disclosure pamphlet entitled “Protect Your Family From Lead Based Paint”. This pamphlet is available in digital format FREE through the Company’s web site.
13. MOLD DISCLOSURE.
Upon the presentation of any offer on the Property, the Seller agrees to immediately disclose in writing to the buyer, the possible existence of MOLD, which may be present on the Property and known to the Seller.
14. SELLER’S ESTABLISHED RIGHT TO SELL.
The Seller warrants to the Insight Realty (The Company) that the Seller is the legal owner and has marketable title and an established right to sell the Property. All recorded owners must electronically sign our online listing agreement. Any person or persons who lists a property through the Company's website (www.InsightFlatFee.com) without having "recorded" ownership, or "sole recorded ownership" shall be committing FRAUD and shall be subject to prosecution, damage restitution, as well as cancellation of the listing, and forfeiture of the listing fee.
15. LIMITATION OF LIABILITY.
In the event that a dispute arises between the Seller and Buyer or Buyer's Broker, regarding any acts or omissions by seller, negligence or other liability on the part of the Seller, the Seller agrees to hold the Company, it's officers, agents and broker harmless from said liability. Should any Court, Mediator, or Tribunal of Alternative dispute resolution (ADR) find the Company, it's officers, agents and broker liable or negligent, the Seller hereby expressly agrees to limit the Company, it's officers, agents and broker's liability to an equal amount to the fixed listing fee as liquidated damages with respect to any and all such liability.16. TITLE COMPANY.
Once you accept an offer on your property, section 7 of the Utah Real Estate Purchase Contract specifies that the Seller shall deliver to the buyer a preliminary title report (PR). This is a required selling document in Utah.
As a benefit to our clients, if you have NOT chosen a Title Company, Insight Realty will order your title report through COTTONWOOD TITLE (title insurance agency) and have it delivered to you at NO OBLIGATION what so ever. If you choose your own Title Company, then you are responsible for ordering your own Title Report.
Our preferred title company is COTTONWOOD TITLE - Melody Sill (801)424-6418
For low title rates, or a discount re-issue rate, even if you have previously closed your home with another title co. 17. ENTIRE AGREEMENT.
This Agreement, including the MLS Data Input form, contain the entire agreement between the parties.
SELLER'S ELECTRONIC SIGNATURE(s)
By typing in your name, you are agreeing to the terms of this Agreement. All parties who hold legal ownership of the property must type their name.
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