This agreement
is made as of _______________________, 2004 by Realty-Mart America /
Randy Bess Real Estate, a licensed Alabama, Georgia, Florida and
Oklahoma
Broker, with a principle place of business at 3557 SW 19 Avenue, Suite
9, Gainesville, Florida 32617 and __________________________________
___________________________________________________ a licensed Real
Estate Broker, with a principle place of business located at:
____________________________________________________________________________________________________________________________.
This agreement covers all current and future MLS submission referrals
provided by Realty-Mart America / Randy Bess Real Estate.
1. Broker Information
Brokers
Name:_______________________________________________________________________
Office Name:
________________________________________________________________________
Principle Place of
Business:______________________________________________________________
City:_____________________________________________State___________________Zip_________
Phone Number:________________________________Fax
Number:_____________________________
Email:_______________________________Contact for Notice
Purposes:_________________________
Real Estate License # (s):
_______________________________________________________________
Federal Tax ID # or Social Security
#:______________________________________________________
Company
Website:____________________________________________________________________
2. Broker hereby affirms that he/she is licensed to perform real
estate services in the state(s)
of:___________________________________________________
and can submit MLS listings in the following counties or
cities___________________________________________________________________________
___________________________________________________________________________________and
belongs to the following MLS Boards_______
__________________________________________________________________________________________________________________________.
3. PAYMENT FOR MLS SUBMISSIONS.
Realty-Mart America / Randy Bess Real Estate agrees
to pay broker a listing fee of $200.00, for each listing, after the
real estate in posted on the MLS and the
MLS ID# is emailed or faxed to Realty-Mart America /
Randy Bess Real Estate. The listing must be activated on the Multiple
Listing Service (MLS) within 24
hours of receiving the completed data input form and
signed listing agreement. The listing will be active on the MLS for a
term of up to six months.
4. REPRESENTATIONS & WARRANTIES. Broker represents and warrants
that Broker:
a. has the authority to enter this agreement and list
real estate on the Multiple Listing Service in the MLS system (s) as
stated above.
b. is duly licensed, and is not in violation of, and will
continue to be in compliance with, any and all applicable federal,
state and local laws and regulations
including those that prohibit
discrimination in the sale of property based on race, color, religion,
sex, disability, familial status, or national origin.
5. INDEMNIFICATION. Broker agrees to indemnify and hold Realty-Mart
America / Randy Bess Real Estate and it's
employees and agents harmless from any costs, damages or
expenses (including attorney's fees) resulting from any action
arising out of or in connection with this agreement.
6. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER. Realty-Mart
America / Randy Bess Real Estate makes no warranty of any kind whether
expressed or implied, including any implied warranty of merchantability
or fitness of services described in this agreement for a particular
purpose.
Realty-Mart America / Randy Bess Real Estate shall not be liable for
any
loss, costs, damages or expense (including reasonable attorney's fees)
incurred by Agent/Broker. In no event shall Realty-Mart America / Randy
Bess Real Estate be liable for any indirect, incidental, consequential,
special or exemplary damages arising out of or related to this
agreement.
Nothing herein shall be construed as requiring Realty-Mart America /
Randy
Bess Real Estate to post any minimum number of MLS Listings through
Broker.
In no event shall Realty-Mart America / Randy Bess Real Estate
liability
exceed the fee due the broker on any indvidual transaction.
7. TERM OF AGREEMENT.
a. This Agreement shall commence upon the Effective
Date and continue for one (1) year.
b. This Agreement may be terminated prior to the
end of the term as follows:
1. Either party may immediately
terminate this Agreement if the other party: (1) is is default of any
material obligation under this Agreement; or (2) becomes
insolvent, fails to pay its
debts
or perform its obligations in the ordinary course of business as they
mature, or makes an assignment for the benefit of
creditors.
2. Realty-Mart America /Randy Bess
Real Estate may immediately terminate this Agreement upon thirty (30)
days notice to Broker.
MISCELLANEOUS. This Agreement shall be governed by the laws of the
State of Florida. Broker/Agent may not assign this Agreement without
the
written consent of Realty-Mart America / Randy Bess Real Estate. No
waiver,
modification or addition to this Agreement shall be valid except in
writing
signed by both parties. This Agreement constitutes the entire Agreement
between the parties relating to the subject matter hereof. This
Agreement
supersedes all prior and/contemporaneous agreements and Broker/Agent
has
relied upon no representations, oral or otherwise, not contained within
this Agreement. Broker/Agent and Realty-Mart America / Randy Bess Real
Estate
are independent contractors. Nothing stated in this Agreement shall be
construed
as creating the relationship of employer and employee, or principle and
agent between the parties.
Agreed to and Accepted by:
BROKER/COMPANY NAME __________________________________________________
BY:___________________________________________________________
BY:_____________________________________________________________
(Print name of Broker/Agent Affiliate
TITLE:_________________________________________________________________
REALTY-MART
AMERICA / RANDY
BESS REAL ESTATE
BY:
_________________________________________
Randy Bess -
Broker/OwnerFAX
SIGNED AGREEMENT TO: 877-471-8143 OR 954-252-4172