homepage.jpg  Terminate Listing ?

Choices

Offering Professional Service since' 1999Lynn Fillmore, Principal Broker  Get Your Listing Fee Back

 
"I would like to Terminate my Listing"                                                                 Contact Us
 

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT & AGENCY DISCLOSURE  ( the "Listing Agreement)  copy of Listing Agreement.

Text from Listing Agreement -
 
3. PROTECTION PERIOD. If within thirty days after the termination or expiration of this Listing Agreement, the Property is acquired by any party to whom the Property was offered or shown by the Company, the Seller's Agent, the Seller, or another real estate agent during the Listing Period, or any extension of the Listing Period, the Seller agrees to pay to the Company the Brokerage Fee stated in Section 2, unless the Seller is obligated to pay a Brokerage Fee on such acquisition to another brokerage based on another valid listing agreement entered into after the expiration or termination date of this Listing Agreement.
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18.  TERMINATION OPTION.  Seller may terminate this agreement providing there are no FEES due or contracts pending or located parties noted under Section 2. Brokerage Fee, entitling Brokerage compensation to be paid under the terms of this agreement.  Seller will give at least 5 days prior written notice to company using company�s termination agreement. The agreement will then terminate. PLAN A & B may be terminated without added Fee; PLAN C requires a $695 early termination Fee.
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18.1. MONEY BACK GUARANTEE.  RE-List your property with a Traditional Cooperative Brokerage and upon the closing of your property, we will refund your listing fee, paid to Town & Country Apollo Properties. The Listing Referral must come from our Brokerage to the New Listing Brokerage for the refund to be awarded.


OPTIONS.   OPTIONS vs CANCELLING. 

  • OFF MARKET STATUS:  You may move your property status to "Off Market" and then back to "Active" within your term of listing.( months pre-paid for )  Your listing will be temporarily withdrawn from the MLS and You may reactivate your listing anytime within this term period.     www.utahbroker.net/modifylisting/
  • MODIFY YOUR LISTING TERMS: We are a Full Service Licensed Brokerage. You may request to modify the terms of your listing if you desire, increase services or Full Service.   www.utahbroker.net/modifylisting/
  • MONEY BACK GUARANTEE:  Before you terminate we can refer your listing to another Licensed Brokerage.  RE-List your property with a Traditional Cooperative Brokerage and upon the closing of your property, we will refund your listing fee, paid to Town & Country Apollo Properties. The Listing Referral must come from our Brokerage to the New Listing Brokerage for the refund to be awarded.
  • TERMINATE:  To Terminate, Please sign and return this Withdrawal Form. or fill out form items below.  The Form may be delivered to Company by FAX (888) 970-8883 or emailed to utahbroker@comcast.net or by online using this Web Page.  We do give you a choice and You do retain the right to terminate as per listing agreement, termination will end our Brokerage / Client relationship.


SOLICITATION of Listing:   If your listing has been solicited by a Licensed Realtor� while you have been listed with Town & Country Apollo Properties, you should be aware of the code of ethics violation regarding solicitation of an Active Listing Agreement by that Realtor� 2015 Standard of Practice REALTOR� Code of Ethics: 
 
Solicitation of an ACTIVE LISTING by another Licensed Agent: Article 16 is intended to recognize as unethical two basic types of solicitations:
 
First, telephone or personal solicitations of property owners who have been identified by a real estate sign, multiple listing compilation, or other information service as having exclusively listed their property with another REALTOR�; and
 
Second, mail or other forms of written solicitations of prospects whose properties are exclusively listed with another REALTOR� when such solicitations are not part of a general mailing but are directed specifically to property owners identified through compilations of current listings, �for sale� or �for rent� signs, or other sources of information required by Article 3 and Multiple Listing Service rules to be made available to other REALTORS� under offers of subagency or cooperation. (Amended 1/04)
 
REALTORS� shall not solicit an active listing which is currently listed exclusively with another broker.
 
REALTORS�, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current, valid exclusive agreement to provide the same type of real estate service.
 
NOTE: If you are solicited by a Licensed Agent to list your property and they are aware or made aware you are already listed, and they advise you that you have made an error by not listing with them. They are in direct violation of MLS policy and the Realtor(R) Code of Ethics.  We, along with the local Board of Realtors� and the Local MLS would like to know who they are, so this improper practice may be eliminated on behalf of all Professional Realtors�


We are Licensed Realtors� and offer Full Marketing Services, You have a choice, the options are yours.


Clients Name ( Seller ) *
Multiple Listing Number/s *
Client E-mail Address *
Client Contact Phone
_____________________________________ _____________________________________
........................................................................ ........................................................................
Modify Listing Status. You have a choice.
OFF MARKET ( I may re-activate )   
MODIFY TERMS ( re-list with new MLS# )   
MONEY BACK GUARANTEE (refer my listing to another Brokerage   
EXPIRE LISTING ( termination terms below )   
Notice To Listing Broker
Status of Listing Items to be addressed ..
........................................................................ ........................................................................
Terminate Listing *

2. BROKERAGE FEE. (Agent Incentives)  A Brokerage Fee is not required to list Property, but is recommended as Incentive to Utah Licensed MLS Member Agents. Real Estate Commissions are negotiable and are not established by law.  If, during the Listing Period, the Company, the Seller's Agent, the Seller, another Utah Licensed Real estate agent, or anyone else locates a party who is ready, willing and able to buy, lease or exchange (collectively "acquire") the Property, or any part thereof, at the listing price and terms stated on the Data Form, or any other price and terms to which the Seller may agree in writing, the Seller agrees to pay thru Company a Brokerage Fee in the amount  of _______ % Percent of such acquisition price (the �Brokerage Fee� ).  The Company is liable for these funds.  If a Brokerage Fee is noted herein, the amount noted herein, less one half percent (1/2%) will be offered over the selected MLS system/s as incentive to Utah Licensed Buyer Agents as a Buyer Agent Commission  (the �BAC�);  the retained �% will be due to the Company as incentive.   If the Brokerage Fee amount herein is blank, The Company will offer the MLS $1 minimum incentive required to post the listing.  The Seller may also offer incentives directly to Utah Licensed Agents by addenda, (see section 11) avoiding the Brokerage Fee herein.    

2.1 UNREPRESENTED BUYERS:  It is EXPRESSLY UNDERSTOOD and AGREED regarding the Brokerage Fee, if a Brokerage Fee is contracted above in sec 2.;  and an Unrepresented Buyer (the �Buyer�) is identified by the Company, The Buyer may be referred to the Seller and the Seller will introduce (present / show) the property to the Buyer.  The BAC portion of the Brokerage Fee contracted above will be reduced by 50% (One Half of the BAC) and shall be due to the Company. The Seller�s Agent will assist Buyer and Seller as a Limited Agent through to closing.   If Buyer is located by the Seller and identified as Unrepresented, Seller may introduce the Property and then refer the Buyer to the Seller�s Agent under the same terms. (See 5.2 below).  For Buyers located by the Seller to remain unrepresented, Buyer must sign an �Unrepresented Buyers Disclosure� for a waiver of the BAC portion of the Brokerage Fee.  If No Brokerage Fee is contracted, seller may use �Added Compensation Addenda�

*As required by all Licensed Agents, the Seller shall inquire of a Buyers Representation Status at introduction.   If the Buyer seeks representation from another MLS member Brokerage in the acquisition of the property, the BAC offered over the MLS will be due to that MLS Member Brokerage as per section 2.0 above.  The Seller�s Agent will and Seller shall inform the Buyer of the offered reduction in the Brokerage Fee.  It is expressly understood by the Seller, if the Seller�s Agent is needed to present / show the property to the Unrepresented Buyer, the Brokerage Fee will be due in full to the Company. 

2.2  SETTLEMENT / CLOSING:  The Brokerage Fee, unless otherwise agreed in writing by the Seller and the Company, shall be due and payable from the Seller's proceeds on: (a) If a purchase, the date of recording of the Closing documents for the acquisition of the Property; (b) If a lease, the effective date of the lease; and (c) if an option, the date the option agreement is signed. If within the Listing Period, or any extension of the Listing Period, the Property is withdrawn from sale, transferred, conveyed, leased, rented, or made unmarketable by a voluntary act of Seller, without the written consent of the Company; (see 18. below), or if the sale is prevented by default of the Seller, the Brokerage Fee shall be immediately due and payable to the Company. The Company is authorized to share the Brokerage Fee with another brokerage participating in any transaction arising out of this Listing Agreement.  

2.3. TRANSACTION FEE.  For All Listing Plans, A Company transaction fee in the amount of $95.00 will be due from Sellers proceeds at closing or lease/rental signing, payable to the Company for, documentation, confirmation, posting of data to the Multiple Listing Service (MLS) and 3 year file documentation required by the Utah Division of Real Estate.


TERMINATE (I am unaware of any located parties noted under Section 2)   
_____________________________________ _____________________________________
Electronic Signature (I Agree)

Affidavit:

I declare, under penalties of perjury and as an authorized authority, that this filing has been examined by me and is, to the best of my knowledge and belief, true, correct, and complete. By typing your name in the indicated fields, you are agreeing to conduct business electronically with the State of Utah in accordance with the federal Electronic Signatures in Global and National Commerce Act (E-Sign), 15 U.S.C.A. � 7001-7031 (Supp. 2001) and Utah's Uniform Electronic Transactions Act (UETA), Utah Code Ann. � 46 4-101 to -501 (2000). Understand that transactions and/or signatures in records may not be denied legal effect solely because they are conducted, executed, or prepared in electronic form, and that if a law requires a record or signature to be in writing, an electronic record or signature satisfies that requirement.

Electronic Signature CLIENT AFFIDAVIT *

TYPE YOUR NAME HERE *


_____________________________________ _____________________________________

* Required to submit this form