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The Florida Listing Agreement is a formal contract between a seller and a broker, granting the broker the exclusive right to sell a property. This agreement outlines the terms of sale, including the property description, price, and broker obligations. To ensure a smooth transaction, it's essential to complete this form accurately; start filling it out by clicking the button below.

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The Florida Listing Agreement form is a critical document for anyone looking to sell property in the state. This agreement establishes a formal relationship between the seller and the broker, granting the broker the exclusive right to sell the property. It outlines essential details such as the property description, including its address and legal specifications, and clarifies the terms of sale, including the asking price and financing options. The agreement specifies the duration of the listing, starting from the execution date and ending at a predetermined termination date. It also emphasizes the broker's obligations to actively market the property, often through multiple listing services, which enhance visibility to potential buyers. Importantly, it addresses seller responsibilities, including cooperation with the broker and the necessity of providing accurate disclosures about the property. Additionally, the form includes provisions for compensation, detailing how and when the broker will be paid for their services. Understanding these elements is crucial for sellers to navigate the real estate market effectively and ensure a smooth transaction process.

Exclusive Right of Sale Listing Agreement

1This Exclusive Right of Sale Listing Agreement (“Agreement”) is between

2 ("Seller")

3 and		("Broker").

41. Authority to Sell Property: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal

5property (collectively “Property”) described below, at the price and terms described below, beginning

6 ____________________ and terminating at 11:59 p.m. on ____________________ (“Termination Date”). Upon

7full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will

8automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge

9that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race,

10color, religion, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local

11law. Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements.

122. Description of Property:

13	(a) Street Address:
13	(a) Street Address:
14
14
15		Legal Description:
15		Legal Description:
16	____________________________________________________		See Attachment
16	____________________________________________________		See Attachment

19(c) Occupancy:

20	Property		is		is not currently occupied by a tenant. If occupied, the lease term expires ______________.

213. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller:

(a)

Price: $

____________________

(d)

Financing

Terms:

Cash

Conventional

FHA

Other (specify)

in the amount

Seller Financing: Seller will hold a purchase money mortgage

of $

with the following terms:

Assumption of Existing

Mortgage: Buyer may assume existing mortgage for $

___________________

plus

an assumption fee of $____________________. The mortgage is for a term of

______ years beginning in

, at an interest

rate of

fixed

variable (describe)

______

_____________________________

Lender

approval of assumption

required

is not required

unknown. Notice to Seller: (1) You may

30remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your

31lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required

32escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.

33(2) Extensive regulations affect Seller financed transactions. It is beyond the scope of a real estate licensee’s

34authority to determine whether the terms of your Seller financing agreement comply with all applicable laws or

35whether you must be registered and/or licensed as a loan originator before offering Seller financing. You are

36advised to consult with a legal or mortgage professional to make this determination.

37 (e) Seller Expenses: Seller will pay mortgage discount or other closing costs not to exceed ______% of the

38purchase price and any other expenses Seller agrees to pay in connection with a transaction.

394. Broker Obligations: Broker agrees to make diligent and continued efforts to sell the Property in accordance with

40this Agreement until a sales contract is pending on the Property.

415. Multiple Listing Service: Placing the Property in a multiple listing service (the “MLS”) is beneficial to Seller

42because the Property will be exposed to a large number of potential buyers. As a MLS participant, Broker is

43obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public

44(see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in

45the MLS unless Seller directs Broker otherwise in writing. (See paragraph 6(b)(i)). Seller authorizes Broker to

46report to the MLS this listing information and price, terms, and financing information on any resulting sale for use

47by authorized Board / Association members and MLS participants and subscribers unless Seller directs Broker

48otherwise in writing.

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 4.
ERS-18tb Rev 5/20	© 2020 Florida Realtors®

496. Broker Authority: Seller authorizes Broker to:

50(a) Market the Property to the Public (unless limited in Paragraph 6(b)(i) below):

51(i) Public marketing includes, but is not limited to, flyers, yard signs, digital marketing on public facing

52	websites, brokerage website displays (i.e. IDX or VOW), email blasts, multi-brokerage listing sharing
53	networks and applications available to the general public.

54(ii) Public marketing also includes marketing the Property to real estate agents outside Broker’s

55office.

56(iii) Place appropriate transaction signs on the Property, except if Paragraph 6(b)(i) is checked below.

57(iv) Use Seller’s name in connection with marketing or advertising the Property.

58	Display the Property on the Internet except the street address.

59(b) Not Publicly Market to the Public/Seller Opt-Out:

(i.)

Seller does not authorize Broker to display the Property on the MLS.

61(ii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), a For Sale sign will not be

62placed upon the Property and

63(iii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), Broker will be limited to

64marketing the Property only to agents within Broker’s office.

65________/__________ Initials of Seller

66(c) Obtain information relating to the present mortgage(s) on the Property.

67(d) Provide objective comparative market analysis information to potential buyers.

(e) (Check if applicable)

Use a lock box system to show and access the Property. A lock box does not

69ensure the Property’s security. Seller is advised to secure or remove valuables. Seller agrees that the lock

70box is for Seller’s benefit and releases Broker, persons working through Broker, and Broker’s local Realtor

71Board / Association from all liability and responsibility in connection with any damage or loss that occurs.

Withhold verbal offers.

Withhold all offers once Seller accepts a sales contract for the Property.

73(f) Act as a transaction broker.

74(g) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These

75websites are referred to as Virtual Office Websites (“VOWs”). An automated estimate of market value or

76reviews and comments about a property may be displayed in conjunction with a property on some VOWs.

77Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews

78about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or

79comments and reviews about this Property.

80	Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such

81estimate) to be displayed in immediate conjunction with the listing of this Property.

82	Seller does not authorize third parties to write comments or reviews about the listing of the Property (or

83display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property.

847. Seller Obligations: In consideration of Broker’s obligations, Seller agrees to:

85(a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to

86Broker all inquiries regarding the Property’s transfer, whether by purchase or any other means of transfer.

87(b) Recognize Broker may be subject to additional MLS obligations and potential penalties for failure to comply

88with them.

89(c) Provide Broker with keys to the Property and make the Property available for Broker to show during

90reasonable times.

91(d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property.

92(e) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature,

93including attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s

94negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; (3) the

95existence of undisclosed material facts about the Property; or (4) a court or arbitration decision that a broker

96who was not compensated in connection with a transaction is entitled to compensation from Broker. This

97clause will survive Broker’s performance and the transfer of title.

98(f) Perform any act reasonably necessary to comply with FIRPTA (Section 1445 of the Internal Revenue Code).

99(g) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not

100readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such

101material facts (local government building code violations, unobservable defects, etc.) other than the following:

102	______________________________________________________________________________________

103Seller will immediately inform Broker of any material facts that arise after signing this Agreement.

104(h) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting

105requirements, and other specialized advice.

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4.
ERS-18tb Rev 5/20	© 2020 Florida Realtors®

1068. Compensation: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing,

107and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other

108terms acceptable to Seller. Seller will pay Broker as follows (plus applicable sales tax):

109 (a) __________% of the total purchase price plus $____________________ OR $____________________, no

110later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s

111fee being earned.

112 (b) __________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is

113exercised, Seller will pay Broker the Paragraph 8(a) fee, less the amount Broker received under this

114subparagraph.

115 (c) __________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or

116agreement to lease, whichever is earlier. This fee is not due if the Property is or becomes the subject of a

117contract granting an exclusive right to lease the Property.

118(d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by

119sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether

120the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the

121price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to

122	cancel an executed sales contract. (3) If, within ______ days after Termination Date (“Protection Period”),

123Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom

124Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date.

125However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another

126broker.

127 (e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive ______% (50% if

128left blank) of all deposits that Seller retains as liquidated damages for a buyer’s default in a transaction, not to

129exceed the Paragraph 8(a) fee.

1309. Cooperation with and Compensation to Other Brokers: Notice to Seller: The buyer’s broker, even if

131compensated by Seller or Broker, may represent the interests of the buyer. Broker’s office policy is to cooperate

132with all other brokers except when not in Seller’s best interest and to offer compensation in the amount of

133

% of the purchase price or $

to a single agent for the buyer;

% of the

______

_______________

______

134

purchase

price or $_______________ to a transaction broker for the buyer; and

______% of the purchase

price or $

to a broker who has no brokerage relationship with

buyer.

135

the

_______________

136

None

of the above. (If this

is checked, the Property cannot be placed in the MLS.)

13710. Brokerage Relationship: Broker will act as a transaction broker. Broker will deal honestly and fairly; will account

138for all funds; will use skill, care, and diligence in the transaction; will disclose all known facts that materially affect

139the value of the residential property which are not readily observable to the buyer; will present all offers and

140counteroffers in a timely manner unless directed otherwise in writing; and will have limited confidentiality with

141Seller unless waived in writing.

14211. Conditional Termination: At Seller’s request, Broker may agree to conditionally terminate this Agreement. If

143Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct

144 expenses incurred in marketing the Property, and pay a cancellation fee of $____________________ plus

145applicable sales tax. Broker may void the conditional termination, and Seller will pay the fee stated in Paragraph

1468(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property

147during the time period from the date of conditional termination to Termination Date and Protection Period, if

148applicable.

14912. Dispute Resolution: This Agreement will be construed under Florida law. All controversies, claims, and other

150matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be

151settled by first attempting mediation under the rules of the American Mediation Association or other mediator

152agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover

153reasonable attorney’s fees and costs, unless the parties agree that disputes will be settled by arbitration as follows:

	Arbitration: By initialing in the space provided, Seller
154	Arbitration: By initialing in the space provided, Seller	(____)		(____), Sales Associate (____), and Broker (____)

155agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in which

156the Property is located in accordance with the rules of the American Arbitration Association or other arbitrator

157agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision of this

158Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney’s fees, and will

159equally split the arbitrator’s fees and administrative fees of arbitration.

16013. Miscellaneous: This Agreement is binding on Seller’s and Broker’s heirs, personal representatives,

161administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 4.
ERS-18tb Rev 5/20	© 2020 Florida Realtors®

162Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations

163will be binding on Seller or Broker unless included in this Agreement. Electronic signatures are acceptable and

164will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals.

165The term “buyer” as used in this Agreement includes buyers, tenants, exchangors, optionees, and other categories

166of potential or actual transferees.

167 14. Additional Terms: __________________________________________________________________________

168______________________________________________________________________________________________

169______________________________________________________________________________________________

170______________________________________________________________________________________________

171______________________________________________________________________________________________

172______________________________________________________________________________________________

173______________________________________________________________________________________________

174______________________________________________________________________________________________

175______________________________________________________________________________________________

176______________________________________________________________________________________________

177______________________________________________________________________________________________

178______________________________________________________________________________________________

179______________________________________________________________________________________________

180

Seller’s Signature:

Date:

_______________________

181

Home Telephone:

Work Telephone:

Facsimile: ___________________

182

Address:

183

Email Address:

184

Seller’s Signature:

Date: _______________________

Home Telephone:

Work Telephone:

Facsimile:

185

___________________

186

Address:

187

Email Address:

Authorized Sales Associate or Broker:

_______________________________

Date:

188

_______________________

Brokerage Firm Name:

Telephone:

189

_____________________________________________

___________________

190

Address:

191

Copy returned to Seller on		by	email	facsimile	mail	personal delivery.
	_____________________

Florida REALTORS® makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR®. REALTOR® is a registered collective membership mark which may be used only be real estate licensees who are members of the NATIONAL ASSOICATION OF REALTORS® and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms.

Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 4 of 4.
ERS-18tb Rev 5/20	© 2020 Florida Realtors®

➤ PDF File

Fact Name	Fact Description
Type of Agreement	This is an Exclusive Right of Sale Listing Agreement, granting the broker exclusive rights to sell the property.
Parties Involved	The agreement is between the Seller and the Broker, both of whom must sign the document.
Duration	The agreement specifies a start date and a termination date, after which it automatically extends to the closing date of a sale.
Equal Opportunity	The property must be offered without discrimination based on race, color, religion, sex, handicap, familial status, or national origin.
Property Description	Details about the property, including its address and legal description, must be provided in the agreement.
Broker Obligations	The broker is required to make diligent efforts to sell the property in accordance with the agreement.
Seller Obligations	The seller must cooperate with the broker and provide access to the property for showings.
Compensation Structure	The seller agrees to compensate the broker based on a percentage of the sale price or a fixed amount upon closing.
Dispute Resolution	Any disputes arising from the agreement will first attempt mediation, followed by arbitration if necessary, under Florida law.
Legal Framework	This agreement is governed by Florida law, ensuring compliance with state regulations.

Filling out the Florida Listing Agreement form is an important step in the process of selling a property. This form outlines the terms and conditions between the seller and the broker. After completing the form, the broker will begin marketing the property according to the agreed-upon terms.

Identify the Parties: Fill in the names of the seller and the broker at the top of the form.
Authority to Sell Property: Specify the exclusive right to sell the property, including the start and termination dates.
Description of Property: Provide the street address, legal description, and details about any personal property included in the sale.
Occupancy: Indicate whether the property is currently occupied by a tenant and provide lease expiration details if applicable.
Price and Terms: Enter the sale price and financing terms, including any seller financing options.
Broker Obligations: Acknowledge the broker's commitment to diligently market the property.
Multiple Listing Service: Decide whether to allow the property to be listed in the MLS and provide necessary authorizations.
Broker Authority: Check the appropriate boxes to grant the broker authority for marketing and displaying the property.
Seller Obligations: Review and agree to the seller's responsibilities, including cooperation and disclosures.
Compensation: Specify the compensation structure for the broker upon successful sale or lease of the property.
Cooperation with Other Brokers: Indicate the compensation offered to buyer's brokers and any restrictions on MLS placement.
Brokerage Relationship: Confirm the broker's role in the transaction and their responsibilities.
Conditional Termination: Understand the conditions under which the agreement can be terminated.
Dispute Resolution: Agree to the methods for resolving any disputes that may arise.
Additional Terms: Include any additional terms or conditions that are relevant to the agreement.
Signatures: Both the seller and broker must sign and date the agreement. Include contact information for both parties.

What is the purpose of the Florida Listing Agreement form?

The Florida Listing Agreement form serves as a contract between a seller and a broker, granting the broker the exclusive right to sell the property specified within the document. This agreement outlines the terms and conditions under which the broker will market and sell the property, including the duration of the agreement, the listing price, and any financing options available. It ensures that both parties understand their rights and obligations throughout the selling process.

How does the Exclusive Right to Sell work?

When a seller grants an Exclusive Right to Sell to a broker, the broker becomes the sole agent responsible for marketing and selling the property. This means that even if the seller finds a buyer independently, the broker is still entitled to a commission. This arrangement incentivizes the broker to put forth maximum effort in marketing the property, as they are assured of compensation regardless of how a sale occurs.

What are the seller's obligations under the agreement?

Sellers have several key responsibilities outlined in the agreement. They must cooperate with the broker, provide access to the property for showings, and inform the broker of any inquiries related to the property. Additionally, sellers are required to disclose any material facts about the property that may affect its value and to indemnify the broker against any liabilities arising from the seller's actions or omissions.

What happens if the property does not sell by the termination date?

If the property remains unsold by the termination date specified in the agreement, the seller has the option to either renew the agreement with the broker or seek representation from another broker. However, if the seller engages in a sale with a buyer who was previously introduced to the property during the listing period, the broker may still be entitled to a commission under the protection period clause, which extends for a specified number of days after the termination date.

Can a seller opt out of public marketing?

Yes, the seller has the option to limit the broker's ability to publicly market the property. If the seller chooses this route, the broker will not place the property in the Multiple Listing Service (MLS) and will restrict marketing efforts to only agents within the broker's office. This decision should be made carefully, as it may significantly reduce the property's exposure to potential buyers.

What are the financial implications for the seller?

The seller is responsible for compensating the broker as specified in the agreement, which typically includes a percentage of the sale price or a flat fee. Additionally, the seller may incur other expenses related to the sale, such as closing costs and any agreed-upon seller expenses. It is crucial for sellers to understand these financial obligations before entering into the agreement to avoid unexpected costs during the selling process.

Incomplete Information: Failing to fill in all required fields can lead to confusion and delays. Ensure that the property description, seller details, and pricing information are fully completed.
Incorrect Dates: Not specifying the correct start and termination dates can create legal issues. Double-check these dates to avoid misunderstandings about the listing period.
Ignoring Financing Terms: Overlooking the financing section can result in missed opportunities. Clearly outline acceptable financing options to attract more potential buyers.
Not Understanding MLS Participation: Sellers may not realize the implications of opting out of MLS listings. Understand that this choice limits exposure to potential buyers.
Failure to Disclose Material Facts: Not revealing known issues with the property can lead to legal repercussions. Sellers must disclose all relevant information that could affect a buyer's decision.
Neglecting to Sign: Forgetting to sign the agreement can invalidate the listing. Ensure that all required signatures are obtained before proceeding with marketing the property.

The Florida Listing Agreement form is a critical document in the real estate process, establishing the relationship between the seller and the broker. However, it is often accompanied by several other forms and documents that facilitate the sale of property. Below is a list of common documents used alongside the Florida Listing Agreement.

Buyer’s Agency Agreement: This document outlines the relationship between a buyer and their agent, specifying the agent’s duties and the compensation structure for services rendered.
Property Disclosure Statement: Sellers provide this statement to disclose known issues or defects related to the property, ensuring transparency and compliance with legal obligations.
Purchase and Sale Agreement: This contract formalizes the terms of the sale between the buyer and seller, detailing the price, contingencies, and closing date.
Closing Statement: This document summarizes all financial transactions involved in the sale, including costs, fees, and the final amount to be paid to the seller.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers about potential lead hazards and outlines the seller's responsibilities regarding lead-based paint.
FIRPTA Affidavit: This form is used to comply with the Foreign Investment in Real Property Tax Act, ensuring that foreign sellers pay the appropriate taxes on the sale of U.S. property.
Title Insurance Policy: This document protects the buyer and lender from any claims against the property’s title, ensuring that the seller has the right to sell the property.
Home Warranty Agreement: Sellers may offer a home warranty to cover the repair or replacement of major home systems and appliances, providing buyers with added security.
Inspection Reports: These documents detail the findings of professional inspections, covering aspects such as structural integrity, plumbing, and electrical systems, which can influence buyer decisions.
Escrow Agreement: This document outlines the terms under which an escrow agent holds funds and documents until the sale is finalized, protecting both parties in the transaction.

These documents collectively support the process of selling real estate in Florida, ensuring that both sellers and buyers are informed and protected throughout the transaction. Utilizing these forms can help facilitate a smoother real estate experience.

Exclusive Agency Listing Agreement: Similar to the Florida Listing Agreement, this document also grants a broker the right to sell a property. However, it allows the seller to sell the property independently without paying a commission to the broker if they find a buyer themselves.
Open Listing Agreement: This type of agreement is less formal and allows multiple brokers to market the property. The seller pays a commission only to the broker who successfully finds a buyer, making it similar in that it involves selling property but differing in exclusivity and commission obligations.
Buyer’s Representation Agreement: While the Florida Listing Agreement focuses on the seller's relationship with the broker, this document establishes a relationship where the broker represents the buyer. Both agreements outline the terms and expectations of the broker's services, emphasizing fiduciary duties.
Lease Listing Agreement: This document is similar in that it pertains to real estate transactions, but it focuses on leasing rather than selling property. It outlines the terms under which a broker can lease a property, akin to how the Florida Listing Agreement details the sale process.
Property Management Agreement: Like the Florida Listing Agreement, this document involves a broker managing a property on behalf of the owner. It includes terms for the management services provided, though it centers around ongoing property management rather than a one-time sale.
Real Estate Purchase Agreement: This document is the next step after a successful listing agreement. While the Florida Listing Agreement sets the terms for selling the property, the purchase agreement formalizes the sale between the buyer and seller, detailing price, conditions, and obligations.

When filling out the Florida Listing Agreement form, it’s essential to proceed with care. Here’s a list of things to do and avoid to ensure a smooth process.

Do read the entire agreement carefully before signing.
Do provide accurate and complete information about the property.
Do discuss any terms or conditions with your broker that you do not understand.
Do keep a copy of the signed agreement for your records.
Do communicate any changes in your situation to your broker promptly.
Don’t leave any sections blank unless specified; incomplete forms can cause delays.
Don’t rush through the process; take your time to ensure everything is correct.
Don’t sign if you feel pressured or unsure about any terms.
Don’t forget to disclose any material facts about the property that could affect its sale.
Don’t ignore the implications of the agreement, including potential fees and obligations.

Misconception 1: The Florida Listing Agreement guarantees a sale.

Many sellers believe that signing the listing agreement ensures their property will sell. In reality, the agreement grants the broker the exclusive right to sell, but it does not guarantee a sale will occur.

Misconception 2: The seller is not responsible for any costs.

Some sellers think that they won’t incur any costs until the property is sold. However, the seller may still be responsible for certain expenses, such as closing costs and repairs, regardless of the sale outcome.

Misconception 3: The broker can sell the property without the seller's input.

It's a common belief that once the agreement is signed, the broker can act independently. In fact, the seller must cooperate and provide input throughout the selling process, including decisions on offers and marketing strategies.

Misconception 4: The listing agreement lasts indefinitely.

Some sellers assume that the listing agreement does not have an end date. However, every agreement specifies a termination date, after which the broker's authority to sell the property ends unless extended.

Misconception 5: The property will be listed on the MLS automatically.

While many brokers will list the property on the Multiple Listing Service (MLS), sellers must authorize this action. If the seller opts out, the property will not be marketed to a wider audience.

Misconception 6: All brokers offer the same level of service.

Not all brokers provide the same marketing strategies or level of service. Sellers should discuss and understand the specific services their broker will provide before signing the agreement.

Misconception 7: The seller can ignore offers after accepting one.

Some sellers believe that once they accept an offer, they can disregard other offers. However, they may still have obligations to entertain backup offers unless the sale is finalized.

Misconception 8: The seller is free from liability after the sale.

Sellers often think that once the property is sold, they are no longer liable for any issues. However, certain liabilities can persist, especially if undisclosed material facts about the property arise later.

Misconception 9: The broker's fee is only due upon closing.

Many sellers mistakenly believe that they only owe the broker a fee when the sale closes. In reality, the broker may earn their fee under various conditions outlined in the agreement, even if the sale does not close.

(b) Personal Property, including appliances:

(b) Personal Property, including appliances:

____________________________________________________

See Attachment

____________________________________________________

See Attachment

The Florida Listing Agreement grants the Broker exclusive rights to sell your property. This means that the Broker is the only agent authorized to market and negotiate the sale of your property during the specified term.
Clearly describe the property you are listing. Include the street address, legal description, and any personal property that will be included in the sale. Accuracy here is crucial for potential buyers.
Set a realistic price and terms for the sale. This includes not only the asking price but also financing options, which can influence buyer interest.
Understand your obligations as a seller. You must cooperate with the Broker, provide access to the property for showings, and disclose any material facts that may affect the property’s value.
Consider the benefits of listing your property on the Multiple Listing Service (MLS). This can significantly increase exposure to potential buyers and other brokers.
Be aware of the Broker's compensation structure. This includes the percentage of the sale price or flat fees that you will owe the Broker upon closing.
Know that you may remain liable for any existing mortgage obligations even after selling the property. Consult your lender for clarity on your responsibilities.
Lastly, familiarize yourself with the dispute resolution process outlined in the agreement. Mediation is typically the first step, followed by arbitration if necessary, ensuring that any conflicts can be resolved efficiently.