Exclusive Right of Sale Listing Agreement ERS-21tb Rev 10/2025

--- ## Page 1 Exclusive Right of Sale Listing Agreement This Exclusive Right of Sale Listing Agreement ("Agreement") is between (Seller) and brokerage (Broker). 1. Authority to Sell Property: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property (collectively "Property") described below, at the price and terms described below, beginning and terminating at 11:59 p.m. on (Termination Date). Upon full execution of a contract for sale and purchase of the Property, all rights and obligations of this Agreement will automatically extend through the date of the actual closing of the sales contract. Seller and Broker acknowledge that this Agreement does not guarantee a sale. This Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local law. Seller certifies and represents that she/he/it is legally entitled to convey the Property and all improvements. 2. Description of Property: (a) Street Address: Legal Description: See Attachment (b) Personal Property, including appliances: See Attachment (c) Occupancy: Property ☐ is ☐ is not currently occupied by a tenant. If occupied, the lease term expires . 3. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller: (a) Price: $ (b) Financing Terms: ☐ Cash ☐ Conventional ☐ VA ☐ FHA ☐ Other (specify) Seller Financing: Seller will hold a purchase money mortgage in the amount of $ with the following terms: ☐ Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ plus an assumption fee of $ . The mortgage is for a term of years beginning in , at an interest rate of % ☐ fixed ☐ variable (describe) Lender approval of assumption ☐ is required ☐ is not required ☐ unknown. Notice to Seller: (1) You may remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing. (2) Extensive regulations affect Seller financed transactions. It is beyond the scope of a real estate licensee's authority to determine whether the terms of your Seller financing agreement comply with all applicable laws or whether you must be registered and/or licensed as a loan originator before offering Seller financing. You are advised to consult with a legal or mortgage professional to make this determination. (c) Seller Expenses: Seller will pay mortgage discount, other closing costs, or concessions not to exceed $ , and any other expenses Seller agrees to pay in connection with a transaction. 4. Broker Obligations: Broker agrees to make diligent and continued efforts to sell the Property in accordance with this Agreement until a sales contract is pending on the Property. This includes, except when not in Seller's best interests, cooperating and communicating with other brokers and making the property available for showings. 5. Multiple Listing Service: Placing the Property in a multiple listing service (the "MLS") is beneficial to Seller because the Property will be exposed to a large number of potential buyers. As an MLS participant, Broker is obligated to enter the Property into the MLS within one (1) business day of marketing the Property to the public (see Paragraph 6(a)) or as necessary to comply with local MLS rule(s). This listing will be published accordingly in the MLS unless Seller directs Broker otherwise in writing. (See paragraph 6(b)(ii)). Seller authorizes Broker to report to the MLS this listing information and price, terms, and financing information on any resulting sale for use by authorized Board / Association members and MLS participants and subscribers unless Seller directs Broker Seller (______) (______) and Broker/Authorized Associate (______) (______) acknowledge receipt of a copy of this page, which is Page 1 of 5. The Parties acknowledge this form should not be used to share offers of compensation to buyer brokers or other buyer representatives via any field in the Multiple Listing Service. ERS-21tb Rev 10/2025 © 2025 Florida Realtors® --- ## Page 2 otherwise in writing. The Seller and Broker agree to adhere to each local MLS's policies and further agree to execute any applicable forms as necessary. 6. Broker Authority: Seller authorizes Broker to: (a) Market the Property to the Public (unless limited in Paragraph 6(b)(i) below): (i) Public marketing includes, but is not limited to, flyers, yard signs, digital marketing on public facing websites, brokerage website displays (i.e. IDX or VOW unless marketing options pursuant to local MLS rules apply), email blasts, multi-brokerage listing sharing networks and applications available to the general public. (ii) Public marketing also includes marketing the Property to real estate agents outside Broker's office. (iii) Place appropriate transaction signs on the Property, except if Paragraph 6(b)(i) is checked below. (iv) Use Seller's name in connection with marketing or advertising the Property. □ Display the Property on the Internet except the street address. (b) Not Publicly Market to the Public/Seller Opt-Out: (i.) □ Seller does not authorize Broker to display the Property on the MLS. (ii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), a For Sale sign will not be placed upon the Property and (iii.) Seller understands and acknowledges that if Seller checks option 6(b)(i), Broker will be limited to marketing the Property only to agents within Broker's office. ____________________ / ____________________ Initials of Seller (c) Obtain information relating to the present mortgage(s) on the Property. (d) Provide objective comparative market analysis information to potential buyers. (e) (Check if applicable) □ Use a lock box system to show and access the Property. A lock box does not ensure the Property's security. Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller's benefit and releases Broker, persons working through Broker, and Broker's local Realtor Board / Association from all liability and responsibility in connection with any damage or loss that occurs. □ Withhold verbal offers. □ Withhold all offers once Seller accepts a sales contract for the Property. (f) Act as a transaction broker. (g) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These websites are referred to as Virtual Office Websites ("VOWs"). An automated estimate of market value or reviews and comments about a property may be displayed in conjunction with a property on some VOWs. Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or comments and reviews about this Property. □ Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such estimate) to be displayed in immediate conjunction with the listing of this Property. □ Seller does not authorize third parties to write comments or reviews about the listing of the Property (or display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property. 7. Seller Obligations: In consideration of Broker's obligations, Seller agrees to: (a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all inquiries regarding the Property's transfer, whether by purchase or any other means of transfer. (b) Recognize Broker may be subject to additional MLS obligations and potential penalties for failure to comply with them. (c) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times. (d) Inform Broker before leasing, mortgaging, or otherwise encumbering the Property. (e) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature, including attorney's fees, and from liability to any person, that Broker incurs because of (1) Seller's negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; or (3) the existence of undisclosed material facts about the Property. This clause will survive Broker's performance and the transfer of title. (f) Perform any act reasonably necessary to comply with FIRPTA (Section 1445 of the Internal Revenue Code). (g) Make all legally required disclosures, including all facts that materially affect the Property's value and are not readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local government building code violations, unobservable defects, etc.) other than the following: Seller will immediately inform Broker of any material facts that arise after signing this Agreement. Seller (______) (______) and Broker/Authorized Associate (______) (______) acknowledge receipt of a copy of this page, which is Page 2 of 5. The Parties acknowledge this form should not be used to share offers of compensation to buyer brokers or other buyer representatives via any field in the Multiple Listing Service. ERS-21tb Rev 10/2025 © 2025 Florida Realtors® --- ## Page 3 107 (h) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting 108 requirements, and other specialized advice. 109 8. Compensation: Seller will compensate Broker as specified below if a buyer is procured who is ready, willing, 110 and able to purchase the Property or any interest in the Property on the terms of this Agreement or on any other 111 terms acceptable to Seller. Seller will pay Broker as follows: 112 (a) ________% of the total purchase price plus $________ OR $________, no 113 later than the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker's 114 fee being earned. 115 (b) ________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is 116 exercised, Seller will pay Broker the Paragraph 8(a) fee, less the amount Broker received under this 117 subparagraph. 118 (c) ________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or 119 agreement to lease, whichever is earlier. This fee is not due if the Property is or becomes the subject of a 120 contract granting an exclusive right to lease the Property. 121 (d) Broker's fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by 122 sale, lease, exchange, governmental action, bankruptcy, or any other means of transfer, regardless of whether 123 the buyer is secured by Seller, Broker, or any other person. (2) If Seller refuses or fails to sign an offer at the 124 price and terms stated in this Agreement, defaults on an executed sales contract, or agrees with a buyer to 125 cancel an executed sales contract. (3) If, within ________ days after Termination Date ("Protection Period"), 126 Seller transfers or contracts to transfer the Property or any interest in the Property to any prospects with whom 127 Seller, Broker, or any real estate licensee communicated regarding the Property before Termination Date. 128 However, no fee will be due Broker if the Property is relisted after Termination Date and sold through another 129 broker. 130 (e) Retained Deposits: As consideration for Broker's services, Broker is entitled to receive ________% of all 131 deposits that Seller retains as liquidated damages for a buyer's default in a transaction, not to exceed the 132 Paragraph 8(a) fee. 133 (f) Brokerage commissions are not set by law and are fully negotiable. 134 9. Notice to Seller Regarding Buyer Brokers: The buyer's broker, even if compensated by Seller or Broker, will 135 provide services for the buyer. Seller is advised and is aware that Seller may, but is not required to, compensate a 136 buyer's broker upon closing. Seller may choose to enter into a separate written agreement to pay buyer's broker 137 or may approve Broker to pay buyer's broker in accordance with paragraph 10. Seller also understands 138 (a) "Buyer's broker" may include this Broker if Broker also works with buyer on this transaction; 139 (b) If this occurs during the duration of this listing, Broker will be entitled to the compensation in paragraph 8 140 for services performed for Seller, as well as the buyer's broker compensation in paragraph 10(a) for 141 services performed for buyer; the Seller should therefore take this into consideration 142 when negotiating compensation; and 143 (c) Broker may receive separate compensation from buyer for services rendered to buyer by Broker. 144 10. Compensation to Buyer Brokers: Brokerage commissions are not set by law and are fully negotiable. 145 Seller approves the following (check one option; if no option is checked then option (c) is deemed to be selected): 146 (a) ☐ Seller authorizes Broker to offer compensation to buyer's broker in the amount of: ________% of the 147 purchase price or $________. (This amount will be paid from Broker to buyer's broker from the 148 compensation amount agreed to in paragraph 8.) This compensation will be set forth in a separate written 149 agreement between Broker and buyer's broker. 150 (b) ☐ Seller authorizes Broker to offer compensation to buyer's broker from Seller in the amount of: 151 ________% of the purchase price or $________. This compensation will be set forth in a separate 152 written agreement between Seller and buyer's broker. 153 (c) ☐ No compensation will be offered to buyer's broker. 154 11. Brokerage Relationship: Broker will act as a transaction broker. Broker will deal honestly and fairly; will account 155 for all funds; will use skill, care, and diligence in the transaction; will disclose all known facts that materially affect 156 the value of the residential property which are not readily observable to the buyer; will present all offers and 157 counteroffers in a timely manner unless directed otherwise in writing; and will have limited confidentiality with 158 Seller unless waived in writing. 159 12. Conditional Termination: At Seller's request, Broker may agree to conditionally terminate this Agreement. If 160 Broker agrees to conditional termination, Seller must sign a withdrawal agreement, reimburse Broker for all direct 161 expenses incurred in marketing the Property, and pay a cancellation fee of $________ plus 162 Seller (______) (______) and Broker/Authorized Associate (______) (______) acknowledge receipt of a copy of this page, which is Page 3 of 5. 163 The Parties acknowledge this form should not be used to share offers of compensation to buyer brokers or other buyer representatives via 164 any field in the Multiple Listing Service. 165 ERS-21tb Rev 10/2025 166 © 2025 Florida Realtors® --- ## Page 4 164 applicable sales tax. Broker may void the conditional termination, and Seller will pay the fee stated in Paragraph 165 8(a) less the cancellation fee if Seller transfers or contracts to transfer the Property or any interest in the Property 166 during the time period from the date of conditional termination to Termination Date and Protection Period, if 167 applicable. 168 13. Dispute Resolution: This Agreement will be construed under Florida law. All controversies, claims, and other 169 matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be 170 settled by first attempting mediation under the rules of the American Arbitration Association or other mediator 171 agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover 172 reasonable attorney's fees and costs, unless the parties agree that disputes will be settled by arbitration as follows: 173 Arbitration: By initialing in the space provided, Seller (____) (____), and Broker or Authorized Associate 174 (____) agree that disputes not resolved by mediation will be settled by neutral binding arbitration in the county in 175 which the Property is located in accordance with the rules of the American Arbitration Association or other 176 arbitrator agreed upon by the parties. Each party to any arbitration (or litigation to enforce the arbitration provision 177 of this Agreement or an arbitration award) will pay its own fees, costs, and expenses, including attorney's fees, and 178 will equally split the arbitrator's fees and administrative fees of arbitration. 179 14. Miscellaneous: This Agreement is binding on Seller's and Broker's heirs, personal representatives, 180 administrators, successors, and assigns. Broker may assign this Agreement to another listing office. This 181 Agreement is the entire agreement between Seller and Broker. No prior or present agreements or representations 182 will be binding on Seller or Broker unless included in this Agreement. Electronic signatures are acceptable and 183 will be binding. Signatures, initials, and modifications communicated by facsimile will be considered as originals. 184 The term "buyer" as used in this Agreement includes buyers, tenants, exchangers, optionees, and other categories 185 of potential or actual transferees. 186 15. Additional Terms: 187 188 189 190 191 192 193 194 195 196 197 198 199 Seller (____) (____) and Broker/Authorized Associate (____) (____) acknowledge receipt of a copy of this page, which is Page 4 of 5. The Parties acknowledge this form should not be used to share offers of compensation to buyer brokers or other buyer representatives via any field in the Multiple Listing Service. ERS-21tb Rev 10/2025 © 2025 Florida Realtors® --- ## Page 5 200 Seller's Signature: ___________________________ Date: _______________ 201 Home Telephone: _______________ Work Telephone: _______________ Facsimile: _______________ 202 Address: _____________________________________________________________ 203 Email Address: ________________________________________________________ 204 Seller's Signature: ___________________________ Date: _______________ 205 Home Telephone: _______________ Work Telephone: _______________ Facsimile: _______________ 206 Address: _____________________________________________________________ 207 Email Address: ________________________________________________________ 208 Broker or Authorized Sales Associate: ___________________________ Date: _______________ 209 Brokerage Firm Name: ___________________________ Telephone: _______________ 210 Address: _____________________________________________________________ 211 Copy returned to Seller on _______________ by ☐ email ☐ facsimile ☐ mail ☐ personal delivery. Florida REALTORS® makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as REALTOR®, REALTOR® is a registered collective membership mark which may be used only be real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. The copyright laws of United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. Seller (____) (____) and Broker/Authorized Associate (____) (____) acknowledge receipt of a copy of this page, which is Page 5 of 5. The Parties acknowledge this form should not be used to share offers of compensation to buyer brokers or other buyer representatives via any field in the Multiple Listing Service. ERS-21tb Rev 10/2025 © 2025 Florida Realtors®