This agreement , dated ___________ , is between __________________________(seller) and Freebay Realty INC (broker). Seller hereby appoints Broker to list property as described in the covenants contained here in. Seller hereby warrants and represents that Seller is properly authorized to enter into this agreement .

1.) PROPERTY: property address _________________________________________________________.

Seller appoints Freebay Realty INC  to list above described property beginning ____day of _______ , year______ and terminating at 11.59 p.m the ____day of ____, _____ ,year_______ (termination date )

2.) FLEXIBILITY : Under this agreement , Seller can sell his/her property himself/herself to any buyer NOT procured by a realtor , in which case no buyer agent commission is due .

3.) LISTING PRICE : The property , together with all it’s improvements , is offered for sale at $_____________. Seller is solely responsible for determining the appropriate listing price .

4.) SELLERS REQUIREMENTS AND RESPONSIBILITIES : Seller agrees to pay Freebay Realty INC a non refundable MLS listing fee of $______ . Seller authorizes broker to make an offer of compensation of ___% to all participating brokers and seller agrees to pay this amount , at closing of sale , to the participating broker who procures the buyer , during the term of this listing , that buys above described property during or after term of listing agreement .

Seller understands that Freebay Realty INC does not investigate property to verify property information, which seller shall provide to Broker , and represents that said information is true and accurate to best of seller’s knowledge . Seller understands Freebay Realty INC is not responsible for accuracy of said information , which will be used to market property in the local MLS . Seller accepts the responsibility to comply with all ordinances , regulations and statutes pertaining to sellers offer for sale and sale of property .

5.) BROKER SERVICES : Market property in realtor MLS , in accordance with the terms of this agreement , up to a maximum of 6 months .

6.) CHANGES : All changes to MLS listing must be requested in writing and signed by Seller and are subject to a $25 fee payable to Freebay Realty INC. Changes regarding circumstances listed below are exempt from $25 fee and MUST be notified to Broker within 48 hrs .

Failure to notify broker  regarding any of the above changes will result in a fine charged to Broker by MLS board which in turn will be charged to seller.

Seller understands changes will not take effect until a link to the changed MLS is sent (by email ) to Seller by Broker.

7.) DOCUMENTS : Seller agrees to supply Broker with the following documents when property goes under contract for sale

• Copy of sales contract along with any and all addenda and amendments
• Copy closing documents (HUD statement )
• Name and phone number of settlement agent or attorney

8.) TERMINATION :Seller may terminate agreement at any time provided property is NOT under contract . If agreement expires while property is under contract seller’s obligation to pay cooperating agent commission shall survive termination and carry on all the way through closing at which point seller must pay cooperating agent commission as per agreement.

9.) HOLD HARMLESS CLAUSE : Seller shall indemnify , defend and hold Broker harmless from and against any and all claims , demands , suits , damages , liability , losses or expenses (including reasonable attorney fees ) arising out of any misrepresentation , non disclosure , concealment , non performance of any purchase/sale agreement , or payment of any commissions by seller in connection with the sale of property , including without limitation , the inaccuracy or incompleteness of any information provided by seller for a listing on the MLS . Seller is solely responsible for any complaints made by a buyer or prospective buyer before or after possession of property with respect to any defects in the property . In connection with any litigation arising out of this contract , the prevailing party shall be entitled to recover all costs incurred including reasonable attorney’s fees for services rendered in connection with such litigation , including appellate proceedings and post judgment proceedings.

10.) SELLERS MANDATORY DISCLOSURES : Seller understands that Seller has a duty under Florida law to disclose to a potential buyer facts known to Seller which materially and adversely affect the value of property , including violations of government laws , rules and regulations , and which are not readily observable by a buyer . Seller understands that Florida law requires Broker to disclose to any buyer all facts , which affect the value of property actually known by Broker , which are not readily observable by any buyer . Seller understands that a licensed real estate broker or salesperson (‘licensee’) working with a buyer may represent that buyer and may be required to disclose to the buyer any information given to him/her by Seller . Freebay Realty INC shall not be responsible for making any disclosure to Buyer . Seller expressly releases Freebay Realty INC from any responsibility or liability regarding disclosure requirements whether required by statute or otherwise . Seller agrees to indemnify and hold Freebay Realty INC harmless for any violation of any ordinance , regulation , statute of law regarding Sellers disclosure requirements .

11.) FAIR HOUSING : In compliance with the Fair Housing Act , Seller may not ask or expect the sale of Seller’s property to be restricted according to race , color , creed , religion , sex , handicap , familial status , age or national origin.

12.) LOCKBOX : Seller takes on full responsibility for care and custody of said property , with or without lockbox and hold Broker harmless from any and all liability , claim , judgment , obligations or demands, including reasonable attorney fees arising as a result of lockbox usage or actions of potential buyers or selling agents.

13.) NO GUARANTEE: Seller understands that this agreement does not guarantee the sale of property.

14.) ESCROW ISSUES : Seller understands and agrees that Freebay Realty INC shall not act as an escrow agent in connection with the sale of the listed property

15.) FREEBAY REALTY INC  LIMITED DUTIES : Freebay Realty INC is not representing Seller as a full service real estate agency and it’s obligations are strictly limited to marketing property in MLS as set forth here in . Seller understands has Freebay Realty INC has no obligations to prepare or negotiate , on Seller’s behalf , a real estate contract for sale of property unless requested in writing and payment of $399 payable to Freebay Realty INC is received by Freebay Realty INC .

16.) PAY FOR SERVICE REQUESTS : If in the future date from this agreement the seller wishes to use Freebay Realty INC's additional services he/she may request these services(below) in writing and signed with payment made to Freebay Realty INC in accordance to the price list set forth below

• Negotiate with realtors and/or purchasers and write up contract and addenda for sale...............................................$499
• Lease Electronic lockboxes.................................................................. (check for availability and price )

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.

You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you make a decision on representation.

TRANSACTION BROKER NOTICE

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.

As a transaction broker, The Company provides to you a limited form of representation that includes the following duties:

1. Dealing honestly and fairly;

PLEASE SIGN HERE TO ACKNOWLEDGE THE ABOVE DESCRIBED FLORIDA DISCLOSURE.

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Signature (s)

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date

PLEASE SIGN HERE TO ACKNOWLEDGE THE LISTING AGREEMENT .

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Signature (s)

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date

SELLER'S CONTACT INFO :

telephone ________________________   email ___________________________

BROKER ____________________________  Date ________________________