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Information About Brokerage Services to Prospective Buyers, Tenants, Sellers and Landlords

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Information About Brokerage Services to Prospective Buyers, Tenants, Sellers and Landlords Approved by the Texas Real Estate Commission for Voluntary Use Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. Information About Brokerage Services efore working with a real estate broker, you should Act. The broker must obtain the written consent of each know that the duties of a broker depend on whom party to the transaction to act as an intermediary. The Bthe broker represents. If you are a prospective written consent must state who will pay the broker and, in seller or landlord (owner) or a prospective buyer or conspicuous bold or underlined print, set forth the broker’s tenant (buyer), you should know that the broker who lists obligations as an intermediary. The broker is required to the property for sale or lease is the owner’s agent. A treat each party honestly and fairly and to comply with broker who acts as a subagent represents the owner in The Texas Real Estate License Act. A broker who acts cooperation with the listing broker. A broker who acts as as an intermediary in a transaction: a buyer’s agent represents the buyer. A broker may act as (1) shall treat all parties honestly; an intermediary between the parties if the parties (2) may not disclose that the owner will accept a consent in writing. A broker can assist you in locating a price less than the asking price unless authorized in property, preparing a contract or lease, or obtaining writing to do so by the owner; financing without representing you. A broker is obligated (3) may not disclose that the buyer will pay a price by law to treat you honestly. greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and IF THE BROKER REPRESENTS THE OWNER: (4) may not disclose any confidential information or The broker becomes the owner’s agent by entering into an any information that a party specifically instructs the agreement with the owner, usually through a written - broker in writing not to disclose unless authorized in listing agreement, or by agreeing to act as a subagent by writing to disclose the information or required to do so accepting an offer of subagency from the listing broker. A by The Texas Real Estate License Act or a court subagent may work in a different real estate office. A order or if the information materially relates to the listing broker or subagent can assist the buyer but does condition of the property. not represent the buyer and must place the interests of With the parties’ consent, a broker acting as an the owner first. The buyer should not tell the owner’s intermediary between the parties may appoint a person who agent anything the buyer would not want the owner to is licensed under The Texas Real Estate License Act know because an owner’s agent must disclose to the and associated with the broker to communicate with and owner any material information known to the agent. carry out instructions of one party and another person who is licensed under that Act and associated with the broker IF THE BROKER REPRESENTS THE BUYER: to communicate with and carry out instructions of the The broker becomes the buyer’s agent by entering into an other party. agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent If you choose to have a broker represent you, can assist the owner but does not represent the owner you should enter into a written agreement with the broker and must place the interests of the buyer first. The owner that clearly establishes the broker’s obligations and your should not tell a buyer’s agent anything the owner would obligations. The agreement should state how and by not want the buyer to know because a buyer’s agent must whom the broker will be paid. You have the right to disclose to the buyer any material information known to the choose the type of representation, if any, you wish to agent. receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you IF THE BROKER ACTS AS AN INTERMEDIARY: have any questions regarding the duties and A broker may act as an intermediary between the parties responsibilities of the broker, you should resolve those if the broker complies with The Texas Real Estate License questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee’s records. Buyer, Seller, Landlord or Tenant Date Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). If you have a question EQUAL HOUSING OPPORTUNITY or complaint regarding a real estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512-465-3960. 01A TREC No. OP-K Floyd Realty Group Phone: 469-371-5670 Mark D. Floyd, Broker #0542155 Fax: 888-841-0822 6521 Preston Rd Suite #100 Email: [email protected] Plano, TX 75024 Houston Tx Residential Real Estate Listing Agreement Exclusive Right to Lease - Limited Service with exclusive right to lease property identified below and list in the Multiple Listing Service (MLS) HAR, and Realtor.com. Listing Type and extras, check the following: ____ 12 month Flat Fee MLS - $250 ____ 6 month Flat Fee MLS - $175 ____ Showing Service and Feedback - $50 ____ Real Estate Photography - $145 Listing Term This listing begins on __________________ and ends at 11:59 pm, 6 or 12 months thereafter on the same number day of the month depending on listing type. Owner may cancel this listing at anytime upon written notice; however, all brokers’ fees are non-refundable. Above fee is payable upon execution of this agreement. In addition, owner agrees to pay a tenant's Agent commission to any agent who procures a tenant who closes a transaction for the lease of the property for the list price or any other price acceptable to owner. Owner is aware that all commission rates are negotiable with listing agent prior to property being entered in MLS. Owner is offering a commission of _____________ to tenant's agent. If a tenant's agent is involved and negotiations are required or requested by owner, a fee of $250 will be paid to listing broker at closing. Owner(s): _______________________________________ Phone: _______________________________________ Address: _______________________________________ Email: _________________________________________ Owner appoints Floyd Realty Group (hereinafter referred to as "Broker") as sole and exclusive agent Property Address___________________________________________________________ City: ___________________________ County: _____________ State: ___ Zip:___________ Listing Price Listing Price Owner instructs Broker to market the Property for the gross lease price of $_____________________ Multiple Listing Service (MLS) Rules and Regulations Broker is licensed by the State of Texas, and is a member of Houston MLS, and subject to MLS rules, regulations, and information reporting requirements as well as subject to serious penalties for noncompliance. Owner agrees to assist Broker in complying with all such rules, regulations, and reporting requirements by: a) Notifying Broker within 24 hours, regardless of weekends, Sundays and Holidays, upon entering into a contract for lease the property, and upon closing the transaction. Notification by email is recommended to give owner a record that Broker was notified. b) Entering Broker's name as Listing Agent on any contract and all applicable paperwork submitted, whether or not Broker is due a commission. c) Faxing Broker a complete copy of any contract entered into with a tenant within 24 hours, which includes the name and telephone number of the agent representing the tenant, the date the contract was entered into, and the anticipated move in date. Owner representations • Owner has fee simple title to and peaceable possession of the Property and all its improvements and fixtures, unless rented, and the legal capacity to convey the Property; • Owner is not bound by a listing agreement with another broker for the sale, exchange or lease of the Property that is or will be in effect during this Listing; • there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the Property; • the Property is not subject to the jurisdiction of any court • all information relating to the Property owner provides to Broker is true and correct to the best of owner's knowledge. In addition, owner promises to: • complete any disclosures or notices required by law or a contract to lease the Property; • amend any applicable notices and disclosures if any material change occurs during this Listing Limitation of Liability Broker is not responsible or liable in any manner for personal injury to any person or for loss or damage to any person's real or personal property resulting from any act or omission not caused by Broker's negligence, including any damage or loss associated with the use of a key box. Owner agrees to indemnify, defend, and hold Broker harmless from any damages, costs, attorneys' fees, and expenses that are caused by owner's failure to disclose any material or relevant information about the Property, and by owner providing incorrect information to Broker, other brokers, or prospective tenants. Miscellaneous Provisions Default : If owner is in default of any section of this agreement, Broker may cancel this listing and owner will not be entitled to a refund. Marketing: In addition to MLS listing, owner authorizes Broker to market property in any ways Broker deems appropriate, including but not limited to internet postings. Broker cannot give legal advice.
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