Dalton Real Estate, Inc. 
Exclusive Agreement and Authorization to List Property on  
Realtor® Multiple Listing Service 
 
To: Dalton Real Estate, Inc.    

Date:             
 
Property Address:                           
 
City, State, Zip, County:     

Owner:

Email Id:

Phone number:

Fax number:
                    
Assessors Parcel No.(APN): ____________________		
       (found on your tax bill) 
 
Term: This agreement shall commence on ____________  and terminate on_________________              									       Date (not to exceed 1 year) 
 
1. LISTING PRICE:  (It is sellers sole responsibility to determine the price  
at which property will be offered for sale.) 
2.  BROKERAGE FEE: 
Owner  shall pay Dalton Real Estate,  Inc.  real estate brokerage a FLAT FEE of $495.00* in accordance with the  terms and conditions of  this agreement. 
Payment is due upon inception of this agreement.  (*Deposit of $125.00 required see 4. F. below for details)  
 
3.  COOPERATING BROKERAGE FEE: 
a)  Owner / Seller shall pay a commission of   _________% of sale price to any licensed real estate broker who procures a purchaser for said property. 
b)  Seller  also acknowledges  that  if  the  property  is  sold,  granted,  leased,  transferred,  or  optioned  etc.. to any  purchaser  presented by  a  licensed  real estate broker during the term of this agreement or within a 6 month period of its cancellation or expiration, the  seller  is  still  obligated  to  pay  said  broker commission. However, Seller shall not be obligated to pay cooperating broker commission if seller has entered into a valid written listing agreement with another licensed real estate broker. 
C)  Owner has permission to sell the property to a purchaser who is not represented by a real estate broker.  If the stipulations of section 3 b. above have not been violated, Seller will not be required to pay any additional commission or fees to Dalton Real Estate, Inc. 
 
4.  SELLERS RESPONSIBILITIES AND DUTIES: 
a)  Seller shall provide Dalton Real Estate with all pertinent information requested on the provided forms and that all information is true and accurate to the best of sellers knowledge. 
b)  Seller is responsible for any discrepancies or inaccuracies in the listing input into the multiple listing service.  Upon receipt of copy from Dalton Real Estate seller shall review documents, make corrections or changes, if any, sign the form and mail it back to Dalton Real Estate within 24 hours.  Dalton Real Estate is not responsible for the accuracy of the information provided to us.  Any and all changes must be submitted in writing.  
c)  Seller acknowledges that Dalton Real Estate, Inc. is a full service discount commission real estate broker and seller acknowledges that seller is choosing a service that Dalton Real Estate offers which provides for the submittal of their property into the MLS for a flat fee with no support offered during market time or escrow. Seller also acknowledges that Dalton Real Estate does not represent the seller or said property in such a manner.  Rather, Dalton Real Estate is acting in a limited capacity and has no obligation to seller other than those specifically stipulated in this agreement.   
 d)  SELLER HAS RESPONSIBILITY TO SET UP AND ARRANGE ALL SHOWINGS FOR PROPERTY, PROVIDE ALL PERTAINENT DISCLOSURES, NEGOTIATE ALL OFFERS WITH  PURCHASER  OR  REAL  ESTATE  BROKERS,  AND COORDINATE CLOSING AND TRANSFER OF PROPERTY WITH ALL CONCERNED PARTIES.   SELLER ACKNOWLEGES SELLING OF REAL PROPERTY MAY BE OF A COMPLEX NATURE AND IS ADVISED TO SEEK COUNCEL OF A PROFESSIONAL ATTORNEY. 
e)  Seller shall cooperate fully with all real estate brokers, provide reasonable access to property for showings, and negotiate with a purchasers broker. 
f)  Seller has the duty to notify Dalton Real Estate, via fax or overnight express mail, acceptance of any offer on said property within 24 hours of such acceptance.  A signed copy of Sales Contract must be included with this notification to ensure Dalton Real Estate is able to comply with multiple listing service (.MLS.) regulations. A deposit of $125.00 shall be deposited with Dalton Real Estate to ensure compliance with this obligation.  Seller must also submit in the same manner notification of closing with copy of closing statement to Dalton Real Estate within 24 hours.  Upon receipt of this final notification or upon the cancellation or expiration of this agreement, Dalton Real Estate will refund to seller the $125.00 deposit less any fines, if any, assessed by the MLS.                 
g)  Seller must comply with all the laws, regulations, statutes, ordinances etc. pertaining to the sale of the said property. 
 
5.  Dalton Real Estate DUTIES: 
a)  Dalton Real Estate shall by sellers authorization enter and disseminate all information provided by seller for the property listed to the local Realtor® MLS and all participating real estate web sites during the entire term of this agreement. 
b)  Dalton Real Estate will comply with all the rules and regulations established by the MLS and all the Laws relating to the sale of real property in the state which we are engaged in business. 
c)  Dalton Real Estate will  establish  a  limited  agency  relationship  with  seller.    Dalton Real Estate has  no  obligation  to; market property (other than listing property on MLS and Internet sites), arrange appointments, show property, negotiate offers on sellers behalf, act as escrowee, nor coordinate closings.  No other relationship expressed or implied shall be construed greater than that established by this agreement. 
d)  Dalton Real Estate is under no obligation to procure a purchaser for sellers property.  Dalton Real Estate is not charged with the custody of the property, or its contents therein, nor the responsibility of its management, maintenance, upkeep, repair or condition. 
e)  Dalton Real Estate shall not act as Escrowee or Escrow Agent for any moneys on behalf of seller or purchaser in the transaction for said property.  Other than the fees and deposits required by this agreement, Dalton Real Estate will not accept any other money form parties to the transaction nor shall the seller enter into a contract which states that Dalton Real Estate maintain an escrow account for earnest money or possession/performance escrows.      
 
6.  FAIR HOUSING: 
OWNER UNDERSTANDS IT IS ILLEGAL FOR EITHER OWNER OR REAL ESTATE BROKERS TO REFUSE TO SELL TO OR DISCRIMINATE AGAINST ANY  PERSON  BECAUSE  OF  THE  PERSONS    RACE,  COLOR,  SEX,    RELIGION,  NATIONAL  ORIGIN,  ANCESTRY,  AGE,  FAMILIAL  STATUS, HANDICAP,  OR  UNFAVORABLE  DISCHARGE  FORM  MILITARY  SERVICE,  AS  THOSE  TERMS  ARE  DEFINED  IN  EITHER  THE  CALIFORNIA  HUMAN RIGHTS ACT OR ANY OTHER APPLICABLE FEDERAL, STATE, COUNTY, OR LOCAL STATUTE OR ORDINANCE.  
 
©2003 Dalton Real Estate, INC. ALL RIGHTS RESERVED  

7.  PROPERTY DISCLOSURE: 
a)  Seller acknowledges that there are or may be certain obligations to disclose defects in the property as required by Law.  These disclosures may be mandated by Federal, State, County, City or Local Laws or Ordinances.  It is sellers sole duty to establish these requirements and provide the necessary documentation to the purchaser b)  As a courtesy to seller Dalton Real Estate has provided two of the more common disclosure forms similar to those used by the California Association of Realtors® (Residential Real Property Disclosure Form and the Lead-Based Paint Disclosure Form under 42 U.S.C. 4852(d)). Dalton Real Estate does not in any way guarantee the accuracy nor completeness of these forms, nor shall it be construed that these are the only forms necessary to comply with legal requirements, if any.  Seller has the duty to provide prospective purchasers or their agent these or any other disclosure documents legally required upon demand. 
c)  Seller unconditionally releases Dalton Real Estate, Inc. from any responsibility or liability in connection with disclosure form requirements or violations. 
d)  Seller is advised to seek professional legal counsel regarding disclosure requirements and the completion of disclosure forms.   
8.  FOR SALE SIGN: 
a)  If requested, Seller shall be provided with a yard / window for sale sign at no extra charge.  Seller must display the sign in a manner compliant to local rules regarding sign placement, if allowed at all. 
b)  Seller shall not place any other for sale sign on the property during the entire term of this agreement. 
c)  Dalton Real Estate will route all sign calls to the seller directly.
d)  Sign shall not be used for any other property and should be disposed of, as seller desires.  
9.  LOCK BOX: 
a)  Seller may lease a key lock box from Dalton Real Estate for the entire term of this agreement for the sum of $25.00 plus a $75.00 Deposit.  A key lock box is attached to an entry door of the property and holds a key allowing licensed real estate brokers access to the property for showings. 
b)  Terms  and Provisions . Owner  shall  hold Dalton Real Estate, Primec Services, Inc. ,  its  agents,  any MLS  of which broker  is a participant harmless from any and all liability, claims, judgments, obligations, or demands against Broker or agent as a result of this service, but not limited to any and all liabilities and costs, including reasonable attorney fees incurred by Broker and /or agents as a result of using the lock box.  Owner is advised by Dalton Real Estate on  the  safeguarding or removal  of valuables now located within  said property and  the need  to obtain personal property insurance through the Owners insurance company.  If property is leased, Owner agrees to notify his tenant of the foregoing.  
c)   Upon timely return of lock box to Dalton Real Estate, in good working condition, Seller shall be refunded the $75.00 deposit.  
10.  DISPUTES / ARBITRATION: 
a)  In the event of a dispute between Dalton Real Estate and Owner arising out of this agreement or either parties. duties or obligations hereunder, the parties agree to submit the dispute to arbitration according to the rules of the American Arbitration Association.  In the event an award is entered against Dalton Real Estate it is hereby agreed that Dalton Real Estate shall only be liable for damages up to the total fee paid by seller.  The prevailing party shall also be entitled to recover costs including reasonable attorney fees. 
b)  In the event Dalton Real Estate is taken to arbitration by any licensed real estate broker claiming a commission as the procuring broker for sellers property (see sect 3. b.); Seller Shall pay Dalton Real Estate, Inc. the amount of any settlement plus all costs and attorneys. fees within five business days. 
11.  CANCELLATION: 
a)  Either party may cancel this agreement unilaterally and unconditionally at any time, for any reason with a 48 hour written notice to the other party. 

12.  REFUNDS:
Seller may cancel any time.  However, Dalton Real Estate will not issue any refunds once property has been submitted into the MLS.

13.  FEE  AND DEPOSIT  COMPUTATION: 
a)	Fees:  Please proceed through checkout AFTER you have faxed all forms back to us.

CIRCLE YOUR CHOICE BELOW

 
FLAT LISTING FEE    Without Keysafe        $495.00 
            Plus 
Listing and MLS Reporting Deposit    $125.00 

TOTAL FEES  $620.00

FLAT FEE LISTING FEE     (With Keysafe)   $595.00

LISTING AND MLS REPORTING DEPOSIT         $125.00 
 
KEY LOCK BOX RENTAL    IF YES - $100.00         
 
  TOTAL FEES   $720.00
          
c)  Payments 
Please FAX back this  signed  listing  agreement, and all other completed  and  signed  forms  appropriate  for  your  property to 805 496 2146 or 707 988 8466. Your listing will appear in the MLS within 24 hours of credit card approval. 

 ALL PAYMENTS ARE TO BE MADE ONLINE. NO EXCEPTIONS. THIS IS FOR YOUR PROTECTION AS WELL AS OURS.  

14.  BINDER AGREEMENT OATH: 
WE  THE  UNDER  SIGNED  HAVE READ AND AGREE TO ALL THE TERMS AND PROVISIONS OF THIS AGREEMENT.   OWNER WARRANTS HE/SHE HAS THE AUTHORITY  TO  EXECUTE THIS AGREEMENT AND BIND ALL PARTIES WHO MAY HAVE INTEREST IN THIS PROPERTY.   OWNER WARRANTS THAT ANY PRIOR AGREEMENTS HAVE BEEN CANCELLED, TERMINATED OR EXPIRED AND NO OTHER AGREEMENT SHALL BE ENTERED INTO DURING THE ENTIRE TERM OF THIS AGREEMENT.  SELLER AGREES TO INDEMNIFY AND HOLD BROKER HARMLESS FROM AND AGAINST ALL LIABILITY, DAMAGES, LOSSES, CAUSES OF ACTION, OR OTHER CLAIMS (INCLUDING ATTORNEYS FEES AND COSTS) ARISING FROM THE LISTING OR SALE OF THIS PROPERTY. 

                               
 _________________________________________________                 
 Dalton Real Estate, Inc. by Authorized Representative         
                               
©2003 Dalton Real Estate, INC. ALL RIGHTS RESERVED