Moeller Realty Inc.
Office: 352-376-4471/Toll Free: 1-800-768-0833/Fax: 352-377-4004
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Addendum To This Agreement made and entered into this ______ day of __________________ 2007 by and between ____________________________________________________________________________ (SELLER) and Moeller Realty Inc. (Transaction Broker) for the Property at __________________________________________________________________________ (address) located in A. UNDERSTANDING
OF SELLER. (Except as otherwise provided in this Agreement) 1.
All written offers through a real estate broker member of the GML
(Cooperating Broker) will be delivered to Transaction Broker, who will
present offer to SELLER. SELLER will not deal directly with Cooperation
Broker/Agent. 2.
All deposit monies will be held by the Cooperating Broker if an offer is
accepted by SELLER. 3.
For finding a BUYER ready, willing and able to purchase the above described
property, SELLER agrees to pay Transaction Broker a compensation of 3.0%
of the total purchase price, on the terms herein mentioned, or at any price
and upon terms acceptable to SELLER, whether the BUYER be secured by
Transaction Broker or SELLER, or by ANY OTHER PERSON, or if the property is
afterwards sold within 2 months from the termination of this agreement, or
any written extension thereof signed by the Transaction Broker and the SELLER
("The Protection Period") to any person to whom the Property has
been shown by the Transaction Broker or his representatives or by Cooperating
Brokers, or by the SELLER, or by ANY OTHER PERSON; provided, nevertheless,
that the Transaction Broker shall not receive a commission on such a
subsequent sale if the SELLER has re-listed the property with another
Licensed Real Estate Broker. Under no circumstances will SELLER be
required to pay more than one 3.0% real estate
compensation/commission, which is the same 3.0% compensation referred to
throughout this listing agreement. 4. The
entire amount of the compensation offered through GML by Transaction Broker
to Cooperating Broker member of GML shall be the sole obligation of SELLER
and shall be paid in full to Cooperating Broker by SELLER on behalf of
Transaction Broker at the time of settlement and shall not be deducted from
or reduced by any fees previously paid to Transaction Broker. 5.
SELLER acknowledges that Transaction Broker and Transaction Broker's agent
may not have viewed or investigated the Property, and therefore, Transaction
Broker shall not be liable for any incorrect information or data as provided
by SELLER and entered into GML by Transaction Broker based upon information
as provided by SELLER. 6.
SELLER agrees to disclose in writing through GML and to any Cooperating
Broker or agent, as well as to any prospective BUYER, all material facts
relative to the sale of the Property and any defects in the Property,
including, but not limited to, structural damage, fire damage, leaking roof,
faulty furnace, termite infestation (past or present), and all other such
conditions of which SELLER has actual knowledge. In order to disclose such
information regarding the condition of the Property, SELLER agrees to
complete and provide to any BUYER who submits a written offer to purchase the
Property, a Property Condition Disclosure Statement and, if required, a Lead
Based Paint Disclosure form, as provided by the Transaction Broker. 7.
SELLER shall indemnify and hold Transaction Broker and Transaction Broker's
agents, officers, directors and stockholders, harmless from any and all
liability and costs, including reasonable attorney's fees, in connection with
the marketing and sale of the Property including, but not limited to, any
misrepresentation made by SELLER as to the condition of the Property. SELLER
shall be solely and exclusively liable for any alleged or actual damages or
losses incurred by SELLER or any BUYER during, after or resulting from the
sale of the Property. 8. SELLER
agrees that Transaction Broker shall not be liable for any loss or damage
resulting from the use of a lockbox or key safe. Transaction Broker
recommends that SELLER remove or safeguard personal valuables while the
lockbox is in use. If SELLER uses lockbox, he agrees that lockbox will remain
on premises until closing and agrees that Transaction Broker has recommended
that SELLER make spare keys and will not provide the service of retrieving
key in lockbox in case SELLER is locked out of premises. 9. SELLER
agrees to refer immediately to Transaction Broker (and to no other Broker)
all inquiries from potential buyers regarding purchasing the Property. 10. 11.
Upon signing a Contract of Sale with a BUYER, SELLER shall immediately
deliver a copy of the Contract of Sale to the office of Transaction Broker
(delivery may be by fax: 352-377-4004). SELLER further agrees to notify
Transaction Broker of any change in the settlement date. Upon closing of the
sale, SELLER shall immediately deliver to Transaction Broker a copy of the
closing statement as well the final version of the sales contract, including
any addendums and disclosures. 12.
SELLER may withdraw Property from GML by notifying Transaction Broker in
writing. 13.
Any changes to the description, price, and terms in the listing shall be made
in writing and signed by the SELLER. 14.
SELLER shall offer the Property for sale without regard to race, color, sex,
religion, national origin, physical or mental handicap, familial status, marital status or other protected classes under applicable
federal, B. UNDERSTANDING
OF TRANSACTION BROKER. (Except as otherwise provided in this Agreement) The
listing price of the Property shall be $ ________________________.00). 1.
During the term of this Agreement, Transaction Broker will promote the sale
of the Property through the GML and the Internet World Wide Web; and SELLER
hereby expressly authorizes Transaction Broker to promote the Property
through the Internet, including in the following web sites:
WWW.REALESTATEINGAINESVILLE.COM and WWW.REALTOR.COM. 2.
Transaction Broker hereby acknowledges the receipt from SELLER, the sum of
Three Hundred Ninety Dollars ($390.00): "the Brokerage
Fee". The Brokerage Fee paid by SELLER to Transaction Broker represents
payment in full for the Transaction Broker having placed the initial
information into the GML, except for SELLER's obligation to pay additional
compensation to Cooperating Broker member of GML--which may be Transaction
Broker--in the event of the sale of the Property, in the amount of 3.0% of
the purchase price. 3.
The $390 Brokerage Fee is also compensation for Transaction Broker making two
trips to the property: to provide a Moeller Realty real estate sign and a
lock box for Property (if SELLER requests lock box) on the first trip and to
remove sign and lockbox after the closing or after termination of the
listing. Seller agrees that Transaction Broker will not be required to make
any other trips to the property for any reason. C.
TERMINATION. SELLER
may terminate this Contract upon providing a ten (10) days written notice to
Transaction Broker, except in the event that an agreement for the sale of the
Property has been executed involving the Transaction Broker or a Cooperating
Broker, in which case SELLER may not terminate this Contract. D.
CONFLICT. In
the event of a conflict between the above GML Transaction Broker Contract and
this Addendum thereto, the terms and conditions of this Addendum shall
govern. BROKER: Moeller Realty Inc. SELLER:
__________________________ By: ______________________________ SELLER: __________________________ Thomas M. Leinbaugh Date:
___________________________ SELLER: __________________________
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