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Terms of Service

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If the Seller chooses this representation option, the Company agrees to oversee all aspects of offer negotiations and provide transaction representation starting from initial negotiations all the way through to closing. Transaction representation includes offer negotiations, communications with the buyer's agent and/or buyer, handle all offer paperwork, set up and oversee escrow, settlement and closing. A flat fee of $500 will be due and payable to the Company from the Seller's proceeds at closing. If the transaction does not close, the fee noted herein is not applicable.
15. OPTIONAL - FULL SERVICE REPRESENTATION
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Utah Flat Fee MLS Listing Service
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Intermountain Properties
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This agreement is entered into by and between Intermountain Properties (the Company) and the Property Owner ("the Seller"), as noted on the MLS Data Input Form, which is hereby incorporated into this agreement by this reference.
 
1. BROKERAGE SERVICES.
- List the Seller�s property on Realtors MLS.
- Realtor.com & IDX listing distribution to all local and national MLS affiliated real search sites.
- Seller�s name and phone number are posted on the MLS as the direct appointment contact.
- Seller may modify any aspect of MLS listing at any time through the Company�s web site.
- Seller may modify or replace photos on the MLS listing at any time through the Company�s web site.
- On-line forms & disclosures accessible through the Company�s web site.
- Seller maintains full control and accountability of the listing.
- Seller retains right to sell BY OWNER.
- Seller may cancel this listing agreement at any time.
 
2. SHOWINGS AND OFFERS.
The Seller is responsible for all showing arrangements with buyers and buyer�s brokers. Unless the Full Service Listing option is selected in section 15 below, the Seller will also handle all offer negotiations and all communications with buyers and brokers, along with arranging escrow, settlement and closing details.
 
3. AGENCY RELATIONSHIPS
3.1 Duties of a Seller's Agent. By acknowledging this Agreement, the Seller designates the Principal/Branch Broker for the Company (the "Broker"), as agent for the Seller to provide services as noted in section 1 and section18 if applicable. The Seller authorizes the Seller's Agent or the Broker to appoint another agent in the Company to assist the Broker in providing the advertising and representation services promised herein. As agents for the Seller, they have fiduciary duties to the Seller that include honesty, loyalty, full disclosure, confidentiality, reasonable care, and any other duties required by law.
3.2 Duties of a Limited/Dual Agent. The Seller understands that the Seller's Agent and the Broker may now, or in the future, be agents for a buyer who may wish to negotiate a purchase of the Property. Then the Seller's Agent and the Broker may be acting as Limited/Dual Agents - representing both the Seller and buyer at the same time. A Limited/Dual Agent has fiduciary duties to both the Seller and the buyer as required by law. However, some of those duties are "limited" because the agent cannot provide to both parties undivided loyalty, confidentiality and disclosure. For this reason, the Limited/Dual Agent is bound by a further duty of neutrality. Being neutral, the Limited/Dual Agent may not disclose to either party information likely to weaken the bargaining position of the other � for example, the highest price the buyer will offer, or the lowest price the Seller will accept. However, the Limited/Dual Agent will be required to disclose information given to the agent in confidence by the other party if failure to disclose such information would be a material misrepresentation regarding the Property or regarding the ability of the parties to fulfill their obligations. The Seller is advised that neither the Seller nor the buyer is required to accept a Limited/Dual agency situation in the Company, and each party is entitled to be represented by its own agent. In the event a Limited/Dual agency situation arises, the Seller's Agent and the Broker, as applicable, may only act as Limited/Dual Agents based upon a separate Limited/Dual Agency Consent Agreement signed by the Seller and buyer.
 
4. SELLER OBLIGATIONS.
The seller is obligated to keep the Company informed of any changes regarding the selling status of the property, allowing the Company to update the MLS listing in a timely manner. Such changes would include, accepting an offer on the property and closing the sale. The Seller agrees to notify the Company of any such change within 48 hours. Notification may be accomplished by phone, fax or email.
 
5. ATTACHMENT.
The MLS Data Input Form is incorporated into this Agreement by this reference.
 
6. BUYER�S AGENT COMMISSION.
If, during the Listing Period, the Company or another real estate agent locates a party who is ready, willing and able to buy, lease or exchange (collectively "acquire") the Property, or any part thereof, at the listing price and terms stated on the MLS Data Input Form, or any other price and terms to which the Seller may agree in writing, the Seller agrees to pay a buyer-agent commission in the amount of which the Seller has specified on the MLS Data Input Form (the "Buyer-Broker Commission"). The Buyer-Broker Commission, unless otherwise agreed in writing by the Seller and the Company, shall be due and payable from the Seller's proceeds on the date of recording of the Closing documents for the acquisition of the Property.
 
7. SIGNAGE.
In conjunction with MLS advertising stipulations, the Seller understands that only brokerage signs are permitted on listed properties. Therefore, the Seller agrees to use a brokerage sign or NO SIGN on the listed property. If the Seller elects to use a FOR SALE sign on the listed property, the Company will provide a sign to the Seller at no additional cost. A sign frame is not included but may be purchased separately through the Company, or the Seller may obtain their own sign frame independently. Signs are shipped by USPS and will arrive at your postal address within 2 to 3 business days.
 
8. EQUAL HOUSING OPPORTUNITY.
The Seller and the Company shall comply with Federal, State, and local fair housing laws.
 
9. LEAD BASED PAINT DISCLOSURE � HOUSES BUILT PRIOR TO 1978.
Upon the presentation of any offer on the Property, the Seller agrees to furnish the buyer with a copy of the E.P.A. produced disclosure pamphlet entitled �Protect Your Family From Lead Based Paint�. This pamphlet is available in digital format through the Company�s web site.
 
10. MOLD DISCLOSURE.
Upon the presentation of any offer on the Property, the Seller agrees to immediately disclose in writing to the buyer, the existence of MOLD, which may be present on the Property. In recent years, it has been discovered that some types of MOLD cause cancer in humans.
 
11. SELLER�S ESTABLISHED RIGHT TO SELL.
The Seller warrants to the Company that the Seller is the legal owner and has marketable title and an established right to sell the Property.
 
12. RIGHT TO CANCEL.
The Seller may cancel this agreement at any time for any reason. Cancellation must be made in writing with at least 48 hours notice. If any agent/broker presents an offer to purchase the Seller�s property during the listing term (�Presented Offer�), section 6 of this Agreement shall still apply after cancellation with regards to the specific Presented Offer.
 
13. LIMITATION OF LIABILITY.
In the event that a dispute arises between the Seller and Buyer or Buyer's Broker, or the Seller and the Company, regarding any acts or omissions, negligence or other liability on the part of the Seller or the Company, the Seller agrees to hold the Company; it's officers, agents and broker harmless from said liability. Should any Court, Mediator, or Tribunal of Alternative dispute resolution (ADR) find the Company, it's officers, agents and broker liable or negligent, the Seller hereby expressly agrees to limit the Company, it's officers, agents and broker's liability to an equal amount to the fixed listing fee as liquidated damages with respect to any and all such liability.
 
14. ELECTRONIC TRANSMISSION & COUNTERPARTS.
Electronic transmission (including email and fax) of a signed copy of this Listing Agreement and any addenda, and the retransmission of any signed electronic transmission, shall be the same as delivery of an original. This Listing Agreement and any addenda may be executed in counterparts.
Offer Negotiation Option: Seller ACCEPTS this service upgrade option.
Seller DECLINES this service upgrade option.