EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT
Seller: _________________________________________________ (“Owner”)
List Price: $____________________________
1. You hereby employ Ideal Properties Group LLC (“Ideal Group” and together with Owner the “Parties” or individually
a “Party”) and grant to it the exclusive right to sell the property located at ____________________________________
____________________________________________ (“Property”).
2. This agreement shall be effective upon execution by the Parties hereto and shall continue in full force and in effect
until midnight on ___________________________________________________________________ (the “Term”).
3. Ideal Group is authorized to offer the Property for sale at a list price of $___________________________________.
Owner represents the real estate taxes are equal to ________ per year and Owner agrees to promptly notify Ideal Group
of any increase in these charges. (ADD COMMON CHARGES AND ASSESSMENTS IF A CONDO
AND REMOVE REAL ESTATE TAXES AND ADD MAINTENANCE AND ASSESSMENTS
IF A COOP. )
4. Owner represents, warrants and covenants that: (i) Owner is the sole and exclusive owner of the Property; (ii) Owner
is fully authorized, and the person(s) executing this Agreement on behalf of the Owner is/are authorized, to enter into
this Agreement; (iii) Owner is not a party to a separate agreement, proceeding or action which would affect its obligations
hereunder; (iv) Owner is not under a legal obligation to pay compensation to any other real estate broker relating to the
Property; and (v) the Property may be legally used for residential purposes and Ideal Group may rely upon any
information provided by Owner regarding the Property.
5. Ideal Group is authorized to photograph, advertise and show the Property, display signage on the Property,
disseminate information about the Property and to take any other actions necessary, in Ideal Group’s sole discretion, to
affect a sale or other disposition of the Property. Ideal Group is also authorized, if it deems necessary, to solicit the
cooperation of other real estate brokers and to work with them on a cooperating basis for the sale, net lease or other
disposition of the Property.
6. During the Term, Owner agrees to refer to Ideal Group all inquiries, proposals and offers received by Owner
regarding the Property, including, but not limited to, those from principals and other brokers, and Owner agrees to
conduct all negotiations with respect to the sale, net leasing or other disposition of the Property solely and exclusively
through Ideal Group and to advise all persons of this exclusive right.
7. Ideal Group’s commission, to be paid by Owner in connection with a sale or other disposition of the Property, will be
computed based upon six percent (6%) of the gross sales price, whether such sale is affected by Ideal Group, or by
Owner or by another broker. Sale shall be defined, for the purposes of this Agreement, as Owner entering into a fully
executed contract of sale to sell the Property. If the sale is affected through the cooperation with a co-operating broker,
the commission to be paid by you is six percent (6%), to be split between Ideal Group and the co-operating broker.
Commissions will be due and payable as, if, and when title actually passes or in the case of a coop, as of the date stock is
transferred and proprietary lease is signed. Payment shall be delivered to Ideal Group in the form of a certified/bank
check or attorney escrow check. In the event that Owner becomes legally entitled to retain any deposit paid to Owner
during the Term, Owner agrees to pay six percent (6%) of that amount to Ideal Group. This payment shall be
nonrefundable, provided, however, that it shall be credited toward the partial satisfaction of any commission that may
become due hereunder.
EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT CONTINUED
8. In the event that a sale, net lease or other disposition of the Property shall be affected by another licensed real estate
broker, then Owner shall pay to Ideal Group one full commission as provided for herein, out of which Ideal Group shall
compensate the outside broker(s) in accordance with a separate agreement, if, and when the commission is actually
received and retained by Ideal Group.
9. Ideal Group agrees within ten (10) business days after the expiration of the Term, to deliver to Owner a list of no more
than six (6) names of persons who inspected the Property during the Term. If within 90 days after the expiration of the
Term a contract is signed to sell the Property to a person on said list, Ideal Group shall be entitled to the commission
provided for in this Agreement.
10. At the time of closing, you may be required to deposit the broker’s commission with the county clerk in the
event that you do not pay the broker his or her commission as set forth herein. Your obligation to deposit the
broker's commission with the county clerk may be waived by the broker.
11. Owner shall indemnify and hold Ideal Group harmless from and against any and all claims, obligations, demands,
causes of action, costs and expenses that may arise from or relate to: (i) this Agreement, including without limitation, any
breach of the representations provided for herein; (ii) Owner’s failure to disclose material information regarding the
Property; (iii) Owner providing incorrect information regarding the Property; and (iv) any injuries suffered by any person
or entity resulting from conditions within the Property. The provisions of this paragraph shall survive the termination of
this Agreement for a period of one (1) year.
12. Owner acknowledges that Ideal Group has informed you of your obligations under the Federal Lead Paint Disclosure
Law and that Owner is aware of Owner’s responsibility to ensure compliance therewith.
13. At the option of Ideal Group, any controversy or claim arising out of or relating to this agreement or breach of
performance thereof shall be settled by arbitration (by three arbitrators) in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having
jurisdiction thereof. This Agreement shall be governed and construed in accordance with the laws of the state of New
York. In the event that any provision contained herein is ruled unenforceable, then such holding shall not affect the
remaining provisions of this Agreement it being agreed that the provisions contained herein are severable.
14. This agreement shall bind and benefit the personal representatives, successors and assigns of the Parties.
15. This agreement, which constitutes the entire agreement between Owner and Ideal Group, may not be changed,
rescinded or modified except in an agreement in writing signed by both parties hereto.
EXPLANATION
EXPLANATION OF EXCLUSIVE RIGHT TO SELL: (As worded verbatim by the Department of State)
An "exclusive right to sell" listing means that if you, the owner of the property, find a buyer for your house, or if another
broker finds a buyer, you must pay the agreed commission to the present broker.
EXPLANATION OF EXCLUSIVE AGENCY: (As worded verbatim by the Department of State)
An "exclusive agency" listing means that if you, the owner of the property finds a buyer, you will not have to pay a
commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling
broker and your present broker.
If the foregoing terms and conditions are satisfactory, please execute the enclosed originals and return one to the
undersigned.
Very truly yours,
Ideal Properties Group LLC
By: _____________________________
Erik Serras
Principal Broker
Date: ___________________________
The foregoing is accepted:
By: __________________________________
Owner / Authorized Signature
Date: _________________________________