LISTING Forms -
Required Forms
Exclusive Right to Sell - Listing Agreement
IMPORTANT: Commission in Listing Agreement refers ONLY to the list side commission. Company policy is 3%, but you may reduce it to 2.5%. For Additional Commission with Unrpresented Buyer (where you find the buyer), company policy is 3% but again you may reduce it to 2.5%.
Listing Amendment- Buyer Broker Compensation (optional form) - This form, although optional, has the Seller agree to a specific percentage (such as 2.5%) to allow list agent to tell buyer agents what is offered before buyer submits an offer. Buyers are not required to accept any specific amount, but it helpful to know what the Seller is expecting or offering.
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Buyer commission can be requested of buyer agents. The contract determines the amount paid toward buyer compensation.
So be sure to state the total of listing side commission AND buying side commission.
Property Disclosure (required) - Include it in "documents" in your MLS listing. Also provide it to any buyer who submits a contract offer.
Get the seller to sign it at the time of listing.
This should be provided to buyer at (or before) seller signs any offer / sales contract.
Coming Soon Addendum - If needed. Home can be coming soon status any number of days but must include expected active date.
Listing Amendment (for price change, extend expiration, etc)
Other Forms Note: You may need other forms based on the circumstances.
See other forms such as request for (and acknowledgement) POA/condo docs, lead paint disclosure (pre-1978 home),
NOTE: If you are listing agent and have an unrepresented buyer, you may use this form:
Disclosure to an unrepresented buyer by a listing agent
In this case, buyer is a customer not client, and you may not provide advice but only provide the contract.
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Forms for listing agents sometimes required:
Condo
Request for condo docs If home is part of a condo association or Property Owners Association, this is requred to be provided. Buyer will have 3 days to cancel the contract after receiving the documents.
Purchaser's Acknowledgement of Receipt of Condo Docs - Provide to buyer so they acknowledge receipt.
POA (Property Owners Association)
Request for POA docs (same as above but this is for townhouse or single family with a POA)
Purchaser's Acknowledgement of Receipt of POA Docs
Short Sales
Short Sale
Listing Agreement Addendum
Title/Settlement Company - Our affiliated settlement company.
MBH Disclosure - Buyer's decision. BUT list agent may suggest MBH. A seller may also elect to have a "split" settlement where seller uses MBH and the buyer uses another title company.
Advantage: Lawyers (not just settlement agents). They know the National Realty system. Settle in our office or anywhere. Get commission checks faster with MBH.
Lead Based Paint Forms (All homes built before 1978)
These are required of listing agents, but selling agents (buy-side)must also be sure they are signed.
 Lead Paint Addendum - required
Lead Paint Disclosure - required
Lead Paint EPA Brochure "Protect Your Family" - print and fold (required)
Lead Paint Laws
Post Settlement Occupancy
Post settlement occupancy agreement - where seller will stay in property after settlement, including a rental agreement for doing so
Listing agent who finds an unrepresented buyer? (e.g., someone at your open house wants to buy it)
You have 2 options. (We do not allow dual agency)
You should contact the office before determining the best course of action.
1) Broker designates another National agent to represent buyer. You may request a referral fee from the designated agent. The broker must designate so make sure to get designated agency approved first. Designated agency form
2) Listing agent represents only the seller and buyer fills out a disclosure that says he/she is unrepresented.
In this case, you may only provide "ministerial" duties. You may not advise the unrepresented buyer.
Disclosure to an unrepresented buyer by a listing agent |