Please take a moment to review our Listing Agreement Document Package. The Package consists of the following documents:
- Massachusetts Mandatory Licensee Consumer Relationship Disclosure – this document discloses to you that we will act as a Facilitator in the entry only listing of your property.
- Listing Advertisement Agreement – this document represents the agreement we will have with you in listing your property for sale or rent in the Multiple Listing Service (MLS).
Massachusetts Mandatory Licensee Consumer Relationship Disclosure
This disclosure is provided to you, the consumer, by the real estate agent listed on this form. Below you will find a more detailed description of the different types of relationships available to you. This is not a contract.
THE TIME WHEN THE LICENSEE MUST PROVIDE THIS NOTICE TO THE CONSUMER:
All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific property. The licensee can represent you as the seller (Seller’s Agent) or represent you as the buyer (Buyer’s Agent) and also can assist you as a facilitator.
CONSUMER INFORMATION AND RESPONSIBILITY:
Whether you are the buyer or seller you can choose to have the advice, assistance and representation of your own agent who works for you. Do not assume that a real estate agent works solely for you unless you have an agreement for that relationship. With your consent, licensees from the same firm may represent a buyer and seller in the same transaction. These agents are referred to as dual agents.
Also a buyer and seller may be represented by agents in the same real estate firm as designated agents. The “designated seller or buyer agent” is your sole representative. However where both the seller and buyer provide written consent to have a designated agent represent them then the agent making such designation becomes a “dual agent” for the buyer and seller. All real estate agents must, by law, present properties honestly and accurately. They must also disclose known material defects in the real estate.
The duties of a real estate agent do not relieve the consumers of the responsibility to protect their own interests. If you need advice for legal, tax, insurance or land survey matters it is your responsibility to consult a professional in those areas. Real Estate agents do not have a duty to perform home, lead paint or insect inspections nor do they perform septic system, wetlands or environmental evaluations.
RELATIONSHIP OF REAL ESTATE LICENSEE WITH THE CONSUMER: Facilitator
Darin Thompson (License Number: 9514800 Type: Broker) and you acknowledge that this disclosure has been provided to you as the consumer in a timely manner.
TYPES OF AGENCY REPRESENTATION
A seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent’s client. This means that the real estate agent represents the seller. The agent owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the seller’s interests first and negotiate for the best price and terms for their client, the seller. (The seller may authorize sub-agents to represent him/her in marketing its property to buyers, however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions).
A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent’s client. This means that the real estate agent represents the buyer. The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the buyer’s interests first and negotiate for the best price and terms for their client, the buyer. (The buyer may also authorize sub-agents to represent him/her in purchasing property, however the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions).
When a real estate agent works as a facilitator that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information received from a seller or buyer confidential. The role of facilitator applies only to the seller and buyer in the particular property transaction involving the seller and buyer. Should the seller and buyer expressly agree a facilitator relationship can be changed to become an exclusive agency relationship with either the seller or the buyer.
DESIGNATED SELLER’S AND BUYER’S AGENT
A real estate agent can be designated by another real estate agent (the appointing or designating agent) to represent either the buyer or seller, provided the buyer or seller expressly agrees to such designation. The real estate agent once so designated is then the agent for either the buyer or seller who becomes their client. The designated agent owes the buyer or seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put their client’s interests first and negotiate for the best price and terms for their client. In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer then the appointing agent becomes a dual agent. Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. The dual agent does not represent either the buyer or the seller solely only your designated agent represents your interests. The written consent for designated agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample designated agency consent is available at the Board’s website at www.mass.gov/dpl/re.
A real estate agent may act as a dual agent representing both the seller and buyer in a transaction but only with the express and informed consent of both the seller and buyer. Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property. A dual agent shall be neutral with regard to any conflicting interests of the seller and buyer. Consequently, a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds. The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample dual agency consent is available at the Board’s website at www.mass.gov/dpl/re.
Listing Advertisement Agreement
This Listing Advertisement Agreement (hereinafter “Agreement”) is between you as a consumer (hereinafter “You / Your”) and Stuart St James, Inc. (hereinafter “Stuart St James”).
The Agreement commences on the date of Your purchase and expires one (1) calendar year later at midnight (hereinafter the “Listing Period”) and concerns the real Massachusetts property (hereinafter the “Property”) You described to Stuart St James with the listing price You chose.
In consideration of the mutual covenants and agreements herein contained, You and Stuart St James agree that You engage Stuart St James to act as the exclusive Facilitator in the sale or rental of the Property.
Stuart St James agrees:
- To create an entry only listing advertisement on the MLS Property Information Network, Inc. (hereinafter the “MLS”) for the duration of Listing Period following Your acknowledgment of the Massachusetts Mandatory Licensee Consumer Relationship Disclosure and Agreement, and submission of Your Property details and one-time flat fee payment.
- To make updates to Property, including the addition of open house announcements, directly in MLS for the duration of Listing Period provided You utilize the Listing Update Request Form.
- To facilitate prompt and direct interaction between You and interested parties on inquiries received by Stuart St James regarding Property in accordance with the rules and regulations of MLS PIN and operating in conjunction with third-party websites which have their own for-profit business models as described here, and You acknowledge that Stuart St James shall have no other responsibility with respect to same.
Stuart St James is granted the authority to:
- Advertise Property in such media as Stuart St James may select at no additional cost to You, which may include the use of third party websites such as Realtor.com, Trulia, Redfin, Zillow, and others. You acknowledge that Stuart St James is not responsible for the availability of these third party websites nor has direct control over these websites.
- Advertise compensation to the Buyer’s Broker, Agent, or Facilitator regardless of agency relationship as You outline in conjunction with the submission of Your Property details, payable at closing, if Buyer’s Broker, Agent, or Facilitator procures a buyer who purchases the Property at a price and subject to terms accepted by You during Listing Period or extension thereof.
- To pay Stuart St James a one-time flat fee for professional services to create an entry only listing advertisement on MLS for Property; said fee is fully earned and non-refundable once Your Property has been entered into MLS.
- All information You provide to Stuart St James in connection with the Agreement is accurate, current, and complete. You are hereby advised Stuart St James may terminate this Agreement immediately if it is reasonably discovered You misrepresented any material fact or information, and if Your Property has been entered into MLS, your listing fee will not be refunded.
- To notify Stuart St James within 24 hours of any status changes to Property by submitting a Listing Update Request Form. You acknowledge that Stuart St James can be fined by MLS for not promptly reporting Property status changes and therefore agree to reimburse Stuart St James for any and all fines imposed by MLS as a result of Your failure to herein comply.
- To abide by the rules and regulations of MLS available at http://www.mlspin.com/downloads/rules_regs/rules_regulations.pdf, and market Property in compliance with all applicable fair housing laws.
- To submit at least one (1) Property photo, failure to provide at least one (1) photo of Property shall result in Stuart St James using a photo of its choosing.
- To take reasonable precautions to avoid loss or damage associated with access to Property by third parties, and to obtain insurance against such risk or damage.
- To indemnify and hold Stuart St James harmless with respect to any and all claims arising from access to Property by third parties.
- To hold Stuart St James, its owners, agents, employees, affiliates, heirs, and assignees harmless and indemnify the same from loss, damage, costs, fees, and/or attorney’s fees from any person, corporation, or other entity that Stuart St James incurs as a result of i) Your negligence, representation, misrepresentation, false statements, misleading statements, actions, or inactions; ii) The existence of undisclosed material facts regarding Property, and iii) A court or arbitrator’s decision that a broker who was not compensated in connection with a transaction is entitled to compensation. This paragraph herein shall survive Stuart St James’ performance and Property transfer of title.
- You have been advised to retain a licensed real estate attorney for the preparation of all legal documents and to serve as escrow agent.
- Pursuant to the Agreement, Stuart St James is not obligated to provide, and will not be providing, any service to You other than those services documented herein.
- It is Your sole responsibility to timely prepare and deliver all Property disclosures required by law. Stuart St James shall have no other responsibility with respect to same.
- Stuart St James shall not be responsible for loss or damage to persons or property arising from access to Property, attributable to the use of a lock box or otherwise, by third parties.
- MLS automatically syndicates its listings to third party websites, which can change from time to time, Stuart St James has no control over what third party websites syndicate from MLS or what listing information or types are syndicated.
- All claims and disputes arising under or relating to this Agreement that cannot be settled between You and Stuart St James are to be settled by binding mediation in the state of Massachusetts.
- You may cancel this Agreement at any time during Your Listing Period by notifying Stuart St James by way of the Listing Update Request Form, however, the listing fee is non-refundable.
WHEREFORE, the parties acknowledge they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.