exclusive right to sell agreement - starone

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EXCLUSIVE RIGHT TO SELL AGREEMENT
(This is a legally binding contract. If not understood, seek legal advice.)
Date _________________20____
1.
The undersigned owner(s)/representative(s) (hereinafter referred to as “Seller”) hereby employs STAR ONE REAL ESTATE, INC. (hereby
known as “Star One” ) as my/our sole exclusive agent and REALTOR® (Broker), and hereby grants STAR ONE the sole and exclusive
right, without reservation to sell/lease and to procure a purchaser/lessee for the following described Property, together with all
improvements thereon and with all appurtenant rights, privileges and easements, known as:
_________________________________________________________________________________________________________
________________________________________________________________________________________________________.
2.
INCLUSIONS/EXCLUSIONS OF SALE: The Real Estate shall include the land, together with all improvements thereon, all
appurtenant rights, privileges, easements, fixtures and all of, but not limited to, the following items if they are now located on the Real
Estate and used in connection therewith: electrical; plumbing; heating and air conditioning equipment, including window units; bathroom
mirrors and fixtures; shades, blinds, awnings; window rods; window/door screens, storm windows/doors; shrubbery/landscaping; affixed
mirrors/floor covering; wall-to-wall, inlaid, and stair carpeting (attached or otherwise); fireplace inserts; fireplace screens/glass doors;
wood stove; gas logs and starters; television mounting brackets (excluding televisions), aerials/rotor operating boxes/satellite dishes
(including non leased components/receivers); water softeners; water purifiers; garage door openers/operating devices; the following affixed
appliances: ranges/ovens/microwaves/refrigerators/ dishwashers/garbage disposers/trash compactors/humidifiers; central vacuum systems
and equipment; all security alarm systems and controls; all affixed/furniture/fixtures; utility /storage buildings or sheds; in-ground/above
ground swimming pools and equipment; swing sets/play sets; permanently affixed basketball backboard/pole; propane tank/oil tank and
contents thereof; electronic underground fencing transmitters and collar receivers; and parking space(s) numbers (s) ______ and storage
unit number _____ (where applicable), except the following which are leased in whole or in part (Please check appropriate boxes); 
water softener;  security/alarm system;  propane tank;  satellite dish  satellite components. The following items are specifically
excluded from the sale:
_________________________________________________________________________________________________________
3.
OTHER ITEMS: The following items shall be included in the marketing of the Real Estate for sale:
 Refrigerator  Oven/Range  Dishwasher  Microwave  Washer  Dryer  Other:
_________________________________________________________________________________________________________
4.
SELLER’S CERTIFICATION: Seller further certifies that all of the above real property and other items included in the sale as listed in
paragraphs 2 & 3 and will be operational on the date of possession, except: _______________________________. Seller certifies to that
to the best of the Seller’s knowledge: (a)  is  is not located in a Historic District, (b) is  is not located in a flood plain, (c)  is
is not subject to a homeowner association assessment, (d)  is  is not subject to a maintenance agreement,(e) isis not subject to a
homeowner association charter established by recorded declaration with mandatory membership, (f)  isis not subject to a municipal
pre-sale inspection, disclosure, and/or certification of occupancy. If the Real Estate is located in a jurisdiction requiring housing inspection
before transfer, Seller shall be responsible for completing and submitting the necessary application and will furnish to Buyer or Buyer’s
agent a copy of the resulting unconditional certificate on or before the date of Closing (g) no orders of any public authority are pending
(h) no work has been performed or improvement constructed that may result in future assessments (i) no notices have been received from
any public agency with respect to condemnation or appropriation, change in zoning. proposed future assessments, correction of conditions
or other similar matters, and (j) to the best of the Seller’s knowledge, no toxic, explosive or other hazardous substances have been stored,
disposed of, concealed within or released on or from the Real Estate and no other adverse environmental conditions within the boundaries
of the Real Estate affect the Real Estate except:_______________________________. Seller further certifies that, to the best of the
Seller’s knowledge, there are no Homeowner Association violations, encroachments, shared driveways, party walls, property tax
abatements or homestead exemptions affecting the real estate except: ______________________________________ and that no
improvements or services(site or area) have been installed or furnished, nor notification received from public authority or owner’s
association of future improvements of which any part of the costs may be assessed against the premises
except:____________________________________. Seller understands that the law required disclosure of all known defects adversely
affecting the value or desirability of the property and that failure to disclose all known material defects may result in a civil liability. Seller
represents that except as disclosed in the State of ___________ Residential Property Disclosure Form completed by the Seller. Seller has
no knowledge of and has not notified REALTOR® of any material defects concerning the property. Seller understands that prospective
Buyers and other REALTORS® may rely upon the State of__________ Residential Property Disclosure Form and the assurances by the
Seller in this paragraph. Seller shall continue to maintain the Real Estate, including the grounds and improvements thereon, in good
condition and repair until possession is given to Buyer. Inspections regarding habitability and use of the Real Estate shall be the
responsibility of the Buyer.
5.
CONVEYANCE AND STATUS OF TITLE: Seller agrees to execute all documents required by the closing/escrow agent. Seller shall be
responsible for transfer taxes, conveyance fees, Condominium or HOA fees, deed preparation, the cost of removing or discharging any
defect, lien or encumbrance required for conveyance of the Real Estate as required by the purchase contract and shall convey marketable
title (as determined with reference to the applicable State Bar Association Standards of Title Examination) to the Real Estate by recordable
and transferable deed of general warranty or fiduciary deed, if applicable, in fee simple absolute, with the release of dower. Title shall be
fee clear and unencumbered as of closing with the exception of the following (1) covenants, conditions, restrictions and easements of
record which do not adversely affect the use of the real estate, (2) legal highways (3) any mortgage expressly assumed by Buyer and agreed
to by Seller’s current lender in writing, (4) all installments of taxes and assessments becoming due and payable after closing, (5) zoning
and other laws (6) homeowner/condominium association fees becoming due and payable after Closing and (7) except the following
assessments (certified or otherwise): _________________________________________. Seller shall have the right at closing to pay out
of the purchase price any and all encumbrances or liens.
6.
LISTING PRICE: ________________________________________________________________________________________
________________________________________________________________________Dollars ($_______________________).
7.
POSSESSION AND OCCUPANCY: Subject to rights of tenants, possession/occupancy shall be given to Buyer as agreed in a purchase
contract on or before ____________ days from date of Closing, or such earlier date that the Seller so notifies Buyer, unless otherwise
agreed to in a purchase contract. Until such time, Seller shall have the right of possession/occupancy free of rent, unless otherwise specified
in the purchase contract, but shall pay all utilities used. Seller shall order final meter readings to be made as of the occupancy date for all
utilities serving the Real Estate and Seller shall pay for all final bills rendered from such meter readings. Seller acknowledges and agrees
that prior to Buyer taking possession of the Real Estate, Seller shall remove all personal possessions not included in the purchase contract
and shall remove all debris.
SELLER’S INITIALS ____________ ___________
DATE: ___________
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8.
PRORATIONS: There shall be prorated between Seller and Buyer as of Closing: (a) real estate taxes and assessments (b)
homeowner/condominium association assessments and/or (c) the amount of any agricultural tax savings accrued as of closing date which
would be subject to recoupment if the real estate were converted to a non-agricultural use. (d) rents and operating expenses if the Real
Estate is rented to tenants. Security and/or damage deposits held by Seller shall be transferred to Buyer at Closing without proration.
9.
HOMEOWNER ASSOCIATION/CONDOMINIUM DECLARATIONS, BYLAWS AND ARTICLES: If the Real Estate is subject to
a Homeowner Association Declaration or is a Condominium, Seller will provide, at Seller’s expense, Buyer with a current copy of the
documents affecting the real estate including but not limited to, documents recorded with the county, the Association Declaration, the
Association’s financial statements, Rules and Restrictions, schedule of monthly, annual and special assessments/fees, architectural
standards (to the extent not included in the Rules and Restrictions) the Bylaws, and the Articles of Incorporation and other pertinent
documents (“Documents”) as requested. Seller shall secure, at Seller’s expense, written approval for the sale of the Real Estate, if required
by the Documents. Seller shall, at Seller’s expense, provide any letter of assessment required at closing by the lender and/or title
company/escrow agent. Current HOA fees are: __________ Monthly 
Quarterly  Yearly and/or 
Other
_______________________________________________________________________________________________________
10.
REALTOR’S FEE: Seller agrees to pay STAR ONE a commission of seven percent (7%) of the selling price and gross lease
with a minimum of_______________________________ regardless of agency relationships, in the event that within the exclusive listing
period: Seller conveys or agrees to convey or lease the Property, or STAR ONE, or any person procures a written offer to purchase from a
purchaser who is ready, willing and able to purchase the Property for the listing price or any other price acceptable to Seller. It is STAR
ONE’s policy to pay any broker that has participated in the sale of the Property a 3% Cooperation fee. STAR ONE is authorized to make
such payment whether such broker is an exclusive agent for the Purchaser, or a dual agent.
11.
AGENCY RELATIONSHIPS: By this agreement, the listing agent and STAR ONE are committed to advancing the seller’s interests in
the transaction. Further, the listing agent or his/her STAR ONE office manager may designate additional agents within STAR ONE to
represent you to assist in the sale of your home when the listing agent is out of town, ill or unavailable. By signing this Agreement, you
have consented in advance to allow such other agent or agents to represent you in the sale of your property. STAR ONE also accepts
representation of purchasers looking for properties. In a transaction in which the purchaser client of a STAR ONE agent is interested in
property listed with another STAR ONE agent, the two agents will remain the exclusive agents of their respective clients. The office
managers (except those representing a client involved) will be dual agents protecting all confidential information of the parties and
remaining impartial in any negotiations. If the listing agent identifies a purchaser for your property, he/she may also be a buyer’s agent and
represent the interests of the purchaser, in which case the listing agent will also be a dual agent. If a seller determines that he/she wants an
exclusive agent appointed by STAR ONE to represent only his/her interests, STAR ONE will appoint another agent to represent that party
exclusively. Alternatively, in the event of such dual agency, he/she will have the right to terminate the agency relationship of STAR ONE,
but STAR ONE reserves the right to collect a real estate commission. Seller agrees to execute a State Agency Disclosure form where as
required by law. Seller acknowledges receipt of the Consumer Guide to Agency Relationships and understands the effect of each type of
agency relationship on the sale pf the Seller’s Real Estate.
12.
CONTRACT EXPIRATION: Seller agrees that STAR ONE shall have the exclusive right to sell the Property until 12:00 Midnight on
______________________, 20____. If for example, a Contract to Purchase is being negotiated at the time or is signed prior to expiration
of this Agreement, the term hereof shall continue until final disposition of the Contract to Purchase.
13.
PROTECTION PERIOD: Seller agrees to pay STAR ONE the commission specified herein if the Seller, acting as his/her own
agent/broker, within 180 days after the expiration date of this Contract or any lease entered into during the term of this Contract, conveys
or agrees to convey the Property to any Purchaser with whom Seller negotiated during the term hereof, or to any Purchaser, whether
individually or in combination with others, who was shown the Property by STAR ONE or any person during the term thereof. This
Paragraph shall be null and void if, at the time of such conveyance or agreement to convey, the Property is listed exclusively with another
broker by written agreement.
14.
CIVIL RIGHTS: It is illegal, pursuant to Ohio Fair Housing Law, Division (H) of Section 4112.02 of the Revised Code and the Federal
Fair Housing Law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent , lease, sublease, or finance housing
accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing
accommodations because of race, color, religion, sex, familial status as defined in Section 4112.01 of the Revised Code, ancestry, military
status as defined in that section, disability as defined in that section, or national origin; or to so discriminate in advertising the sale or rental
of housing, in the financing of housing, or in the provision of real estate brokerage services. It is also illegal, for profit, to induce or
attempt to induce a person to sell or rent a dwelling by representations regarding the entry into the neighborhood of a person or persons
belonging to one of the protected classes.
15.
M.L.S. / ADVERTISING AUTHORIZATION: STAR ONE is authorized to file said listing and place information about the Real Estate
in the Multiple Listing Service of ____________________________________ or any other multiple listing services to which STAR ONE
is a member in accordance with M.L.S. Regulations. The Realtor/Broker and M.L.S. may disclose information pertaining to said real estate,
in accordance with M.L.S. Regulations to M.L.S. Participants authorized to receive M.L.S. information. Realtor/Broker is further
authorized to place information about the real estate on any listing service web site(s), informational services and other media of
REALTORS choosing to advertise and promote the sale of the real estate. REALTOR is authorized to disclose in any M.L.S. said
information with the following provisions: 1) Publish Listings to the Internet (
5) Subject to Short Sale/third
party approval (__yes ___no). If yes, Seller agrees to execute the Short Sale Listing Addendum. STAR ONE is further authorized, in
accordance with M.L.S. Regulations, to take and place photos, video images and information about the real estate in the M.L.S. or any
other publication or service that STAR ONE, in its sole discretion deems appropriate to promote and advertise the sale of the Real Estate.
REALTOR is subject to disclose the existence of an accepted Contract to Purchase pertaining to the Real Estate to all parties involved with
its marketing and/or sale. Seller authorizes REALTOR to disclose financing and other concession data upon inquiry and to the M.L.S. sold
database, as applicable to the extent necessary to adjust the price to accurately reflect market value. (potential addition to current contract
not discussed yet)
16.
SIGNS: STAR ONE is authorized to advertise, promote the sale of the Property, erect a “For Sale” sign thereon and, when sold, to place a
“Sold” sign thereon, except where prohibited by law
17.
KEY AUTHORIZATION: Seller authorizes REALTOR® to conduct or allow authorized brokers/agents to conduct key-entry showings,
including open house showings and agent previews, of the Real Estate. Seller also authorizes REALTOR® to place a lockbox on the Real
Estate for the purpose of conducting or allowing authorized brokers/agents to conduct key-entry such showings of the Real Estate. Seller
further authorizes REALTOR® to allow inspectors, appraisers and other authorized parties as required by the purchase contract access to
the Real Estate including, but not limited to, access via the lockbox. Seller represents that adequate insurance will be kept in force to
protect Seller in the event of any damage, losses or claims arising from entry to the Real Estate by persons through the above use of the key
and hereby holds harmless Star One, its agents, salespersons and employees from any loss, claim or damage resulting therefrom. Seller
acknowledges that it is Seller’s responsibility to remove or secure valuables located on the Real Estate to protect Seller from losses
sustained as a result of such entry to the Real Estate.
18.
SHOWINGS: Seller agrees to cooperate fully with STAR ONE and other cooperating brokers, by making the Property available for
showing to prospective purchasers, inspectors, appraisers and other authorized parties at reasonable hours. Seller shall disclose to
cooperating brokers the existence of this Contract upon their direct contact with Seller.
SELLER’S INITIALS ____________ ___________
DATE: ___________
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19.
RESIDENTIAL PROPERTY DISCLOSURE: Seller agrees to complete a state-mandated property disclosure form or a Residential
Property Exemption disclosure form.
20.
LEAD BASED PAINT DISCLOSURE: Seller acknowledges having received and completed the lead based paint disclosure form
if home built prior to 1978.
21.
AFFLIATED BUSINESS ARRANGEMENT DISCLOSURE: Seller agrees to sign a Star One Affiliated Business Arrangement
Disclosure form.
22.
DISCLOSURE: REALTOR is authorized to disclose non-confidential information pertaining to the Real Estate to all parties
involved
with its marketing and/or sale. REALTOR is subject to an ethical obligation to disclose the existence of an accepted purchase contract
pertaining to the Real Estate to all parties involved with its marketing and/or sale. Upon authorization from Seller, REALTOR shall
disclose the existence of multiple offers, as directed by the Seller
23.
EARNEST MONEY: STAR ONE is authorized to act as a trust agent to accept and deposit in a trust account upon acceptance of said
offers, earnest money deposits from prospective Buyers making written offers to purchase the Real Estate. Seller agrees at closing, all or
part of the earnest money may be retained by brokerage and credited toward the brokerage commission owed.
24.
OWNER’S TITLE INSURANCE: In some cases, an Owner’s Policy of Title Insurance may be transferable to a buyer. Seller
Currently does does not hold a policy of Owner’s Title Insurance on the Real Estate. Seller agrees to offer to purchase a Policy of
Owner’s Title Insurance to prospective Buyers, in the marketing of the Real Estate yes no. (Note: Buyer may request in the purchase
contract that Seller purchase a policy of Owner’s Title Insurance or to contribute to such purchase.)
25.
HOME WARRANTY: Seller will provide the Buyer a HSA Home Warranty at a cost of $ __________, to be paid by Seller at closing.
Pursuant to the terms of the Home Warranty, Seller understands that limited coverage is in effect on the property during the term of the
Listing Agreement. Home Warranties do not cover pre-existing conditions. Seller acknowledges that Star One Realtors may receive
compensation related to the purchase of the Home Warranty.
26.
SEX OFFENDER REGISTRATION OR NOTIFICATION LAWS: In Ohio and Kentucky, sheriff’s offices are required to notify certain
member/entities of the community if a sex offender resides in the area. Information regarding said notices may be obtained by contacting
the local sheriff’s office in Ohio or Kentucky.
27.
We are relocating to another city and request information from STAR ONE Relocation network at (513) 247-6900.  Yes  No
28.
OTHER: ________________________________________________________________________________________________
29.
ELECTRONIC SIGNATURES: Manual or electronic signatures on contract documents, transmitted in originals, facsimile or
electronic format shall be valid for purposes of this Contract and any amendments, addendums or notices to be delivered in
connection with this Contract. This Contract may be executed in any number of counterparts, each of which shall be deemed an original and
constitute one and the same instrument, and the parties hereto may executed this Contract by signing any such counterpart. Only original,
manually signed documents shall be valid for deeds or other documents to be recorded at or after Closing or as may be required by Buyer’s
lender and/or title insurance company and/or escrow agent.
30.
INDEMNITY BY SELLER: Seller understands that STAR ONE is relying on all the facts set forth herein and/or provided by
Seller with regard to the Property and accordingly, agrees to indemnify and hold STAR ONE, it salespersons, employees, and brokers
harmless from all claims, demands, damages, liabilities, lawsuits, costs and expenses (including reasonable attorneys’ fees and
expenses) arising out of any misrepresentation or concealment of, or failure to disclose, such facts by Seller. . SELLER
ACKNOWLEDGES THAT ALL DISCLOSURE FORMS AND OTHER INFORMATION PROVIDED REGARDING THE
PROPERTY WERE PREPARED BY SELLER AND WITHOUT ANY ASSISTANCE BY STAR ONE AND/OR ANY REAL
ESTATE SALESPERSON OR AGENT AFFILIATED WITH STAR ONE.
31.
SOLE CONTRACT: This Contract constitutes the entire agreement between the REALTOR and the Seller, and no oral or implied
agreement, representation, or understanding shall cancel or vary the terms of this contract. Any amendments to this Contract shall
be made in writing, signed by both parties and copies shall be attached to all copies of the original Contract. Seller acknowledges
that the Seller has read and received a completed copy of this Contract and the information contained herein is true and accurate to
the best of the Seller’s knowledge. This Contract shall be binding upon the parties, their heirs, administrators, executors, successors
and assigns. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which, taken
together shall constitute one and the same instrument. A facsimile or PDF signature shall constitute an original
32.
SELLER’S ACKNOWLEDGMENT: Seller acknowledges that any questions regarding legal liability with regard to any
Provision to this contract, accompanying disclosure forms and addendums or with regard to Seller’s obligations as set forth in a
fully executed contract to purchase the Real Estate must be directed to Seller’s attorney and that he and/or she has been advised by
REALTOR to seek professional expert assistance and advice in these and other areas of professional expertise. In the event that REALTOR
provides to Seller names of companies or sources for such advice and assistance, Seller acknowledges and agrees that REALTOR does not
warrant, guarantee or endorse the services and/or products of such companies or sources. Seller acknowledges that Seller has read this
contract and the information contained herein is true and accurate to the best of the Seller’s knowledge and that Seller received a copy of
this signed Contract in its completed form.
33.
SELLER’S CERTIFICATION OF AUTHORITY: Seller certifies that the signatory (ies) below has/have full authority to enter
into this contract and that no additional signatories, spouse or otherwise, are necessary in order to convey the Real Estate.
FOR STAR ONE REALTORS®
ACCEPTED BY:
_______________________________________
Listing Salesperson
Office: ________________________________
Cell:
________________________________
Email Address: __________________________
____________________________________________________________
Seller1
__________________
Seller1 Home Phone #
__________________
Cell Phone #
_________________
Work #
____________________________________________________________
Seller1 Email Address
____________________________________________________________
Seller 1 Street Address
City
Zip
____________________________________________________________
Seller2
__________________
Seller2 Home Phone #
__________________
Cell Phone #
__________________
Work #
____________________________________________________________
Seller2 Email Address