Real Estate Forms
Understanding Real Estate Brokerage Forms
Real estate brokerage forms are essential documents that outline the relationships, rights, and obligations between the parties involved in a real estate transaction. These forms provide clarity and transparency, ensuring that buyers, sellers, and agents fully understand their roles and responsibilities. The most common types of brokerage forms include listing agreements, buyer representation agreements, and disclosure forms. Each form serves a specific purpose—whether it's establishing an agent's authority to represent a seller, formalizing the relationship between a buyer and their agent, or disclosing important information about the property and transaction.
Using these forms correctly is crucial for a smooth and legally compliant real estate transaction. They protect all parties by clearly defining the scope of the agent’s duties, the duration of the agreement, and the terms of compensation. Brokerage forms also ensure that both buyers and sellers are informed about any potential conflicts of interest and the nature of the agency relationship, whether it's a single agency, dual agency, or transaction brokerage. By thoroughly understanding and completing these forms, all parties can move forward with confidence, knowing that their interests are safeguarded and the process is being conducted in a professional and transparent manner.
What is the Brokerage Relationship Disclosure
The Brokerage Relationship Disclosure is a document required by law in many states, including Florida, to inform clients about the nature of the relationship they will have with a real estate brokerage and its agents. This disclosure is essential for ensuring transparency and helping clients understand the duties and obligations their real estate professional owes them.
Single Agent Notice
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
As a single agent, Be Better Realty LLC and its associates owe to you the following duties:
Dealing honestly and fairly;
Loyalty;
Confidentiality;
Obedience;
Full disclosure;
Accounting for all funds;
Skill, care, and diligence in the transaction;
Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing; and
Disclosing all known facts that materially affect the value of residential real property and are not readily observable
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Consent to Transition to Transaction Broker
FLORIDA LAW ALLOWS REAL ESTA TE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
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Transaction Broker
As a “transaction broker”, Be Better Realty LLC and its associates, provides to you a limited form of representation that includes the following duties:
Dealing honestly and fairly;
Accounting for all funds;
Using skill, care, and diligence in the transaction;
Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer;
Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing;
Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller or buyer will agree to financing terms other than those offered, or of any other information requested by a party to remain confidential; and
Any additional duties that are entered into by this or by separate written agreement.
Limited representation: Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties.
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No Brokerage Relationship Disclosure
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, _______________ and its associates owe to you the following duties:
Dealing honestly and fairly;
Disclosing all known facts that materially affect the value of residential real property which are not readily observable to the buyer.
Accounting for all funds entrusted to the licensee.
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Limited Service Listing Agreement (FSBO)
1 This Limited Service Listing Agreement ("Agreement") is between
2*_________________________________ ("Seller")
3• and ________________________________ ("Broker").
4 1. Authority to Sell Property: Seller gives Broker the EXCLUSIVE RIGHT TO SELL the real and personal property
5 (collectively "Property") described below, at the price and terms described below, beginning
6• _________ and terminating at 11 :59 p.m. on _________ ("Termination Date"). This
7 Property will be offered to any person without regard to race, color, religion, sex, handicap, familial status, national
8 origin, or any other factor protected by federal, state, or local law. Seller certifies and represents that she/he/it is
9 legally entitled to convey the Property and all improvements.
10 2. Description of Property:
11• (a) Street Address:----------------------------------
12 ----------------------------------
13• Legal Description:----------------------------------
14• -----------------------• See Attachment ________ _
15• (b) Personal Property, including appliances:
16• -----------------------• See Attachment _______ _
17 3. Price and Terms: The property is offered for sale on the following terms or on other terms acceptable to Seller:
18• (a) Price: $ _______ _
19• (b) Financing Terms: • Cash • Conventional • VA • FHA • Other (specify) _________ _
20 4. Multiple Listing Service: Placing the Property in a multiple listing service (the "MLS") is beneficial to Seller
21 because the Property will be exposed to a large number of potential buyers. As a MLS participant, Broker is
22 obligated to timely deliver this listing to the MLS. This listing will be promptly published in the MLS unless Seller
23 directs Broker otherwise in writing. Seller authorizes Broker to report to the MLS this listing information and price,
24 terms, and financing information on any resulting sale for use by authorized Board / Association members and
25 MLS participants and subscribers unless Seller directs Broker otherwise in writing.
26 5. Broker Authority: Seller authorizes Broker to:
27 (a) Advertise the Property as Broker deems advisable including advertising the Property on the Internet unless
28 limited in (5)(a)(i) or (5)(a)(ii) below.
29 (Seller opt-out) (Check one if applicable)
30• (i) • Display the Property on the Internet except the street address.
31• (ii) • Seller does not authorize Broker to display the Property on the Internet.
32 Seller understands and acknowledges that if Seller selects option (ii), consumers who search for listings
33 on the Internet will not see information about the listed property in response to their search.
34• ___ / ___ Initials of Seller
35 (b) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. These
36 websites are referred to as Virtual Office Websites ("VOWs"). An automated estimate of market value or
37 reviews and comments about a property may be displayed in conjunction with a property on some VOWs.
38 Anyone who registers on a VOW may gain access to such automated valuations or comments and reviews
39 about any property displayed on a VOW. Unless limited below, a VOW may display automated valuations or
40 comments and reviews about this Property.
41• • Seller does not authorize an automated estimate of the market value of the listing (or a hyperlink to such
42 estimate) to be displayed in immediate conjunction with the listing of this Property.
43• • Seller does not authorize third parties to write comments or reviews about the listing of the Property (or
44 display a hyperlink to such comments or reviews) in immediate conjunction with the listing of this Property.
45 (c) Place appropriate transaction signs on the Property, including "For Sale" signs.
46 (d) Offer compensation to cooperating brokers.
47• (e) Perform the following: _______________________________
48_______________________________
Seller L_) L_) and Broker/Sales Associate L_) L_) acknowledge receipt of a copy of this page, which is Page 1 of 3.
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49 6. Seller Obligations: In consideration of Broker's obligations, Seller agrees to:
50 (a) Indemnify Broker and hold Broker harmless from losses, damages, costs, and expenses of any nature,
51 including attorney's fees, and from liability to any person, that Broker incurs because of (1) Seller's
52 negligence, representations, misrepresentations, actions, or inactions; (2) the use of a lock box; (3) the
53 existence of undisclosed material facts about the Property; or (4) a court or arbitration decision that a broker
54 who was not compensated in connection with a transaction is entitled to compensation from Broker. This
55 clause will survive Broker's performance and the transfer of title.
56 (b) Make all legally required disclosures, including all facts that materially affect the Property's value and are not
57 readily observable or known by the buyer. Seller certifies and represents that Seller knows of no such
58 material facts (local government building code violations, unobservable defects, etc.) other than the following:
60 Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
61 7. Compensation: Seller will compensate Broker for performing the responsibilities delineated in Paragraphs 4 and
62• 5(a) $ ________ or ___ % of D list price or D purchase price on ________ _
63 (date) regardless whether the Property sells and no matter who sells the Property, whether by Seller, Broker, or
64 other real estate licensee:
65 (Check and complete if applicable)
66• D Seller will pay Broker$ ________ or ___ % of the purchase price at closing if a broker, who
67 participates in the MLS in which compensation was offered by Broker, sells the Property.
68• D Seller will pay Broker$ ________ or ___ % of • list price or • purchase price at closing for
69 any other services specified in this Agreement.
70• 8. Brokerage Relationship: (check whichever applies) Broker will • act as a transaction broker, • act as a
71• single agent of Seller, • act as a single agent of Seller with consent to transition to transaction broker, or
72• • have no brokerage relationship with Seller.
73 9. Miscellaneous: This Agreement is the entire agreement between Seller and Broker. No prior or present
74 agreements or representations will be binding on Seller or Broker unless included in this Agreement. Electronic
75 signatures are acceptable and will be binding. Signatures, initials, and modifications communicated by facsimile
76 will be considered as originals.
77• 10. Additional Terms:
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Seller (_) (_) and Broker/Sales Associate (_) (_) acknowledge receipt of a copy of this page, which is Page 2 of 3.
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Seller's Signature: -------------------------- Date: ------------
Home Telephone: _________ Work Telephone: _______ _ Facsimile: ________ _
Address:
Email Address:
Seller's Signature: __________________________ Date: ___________ _
Home Telephone: _________ Work Telephone: _______ _ Facsimile: ----------
Address:
Email Address:
116• Authorized Sales Associate or Broker: ______________ _ Date: __________ _
117• Brokerage Firm Name: ______________________ Telephone: ________ _
118• Address:
119•
---------------------------------------------
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 REAL TOR®. REAL TOR® is a registered collective membership mark which may be used only by real estate licensees
who are members of the NATIONAL ASSOCIATION OF REALTORS"' and who subscribe to its Code of Ethics. The copyright laws of the United States (17
U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms.
Seller (_) (_) and Broker/Sales Associate (_) (_) acknowledge receipt of a copy of this page, which is Page 3 of 3.
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Why choose Be Better Realty
At Be Better Realty, we understand that navigating the paperwork involved in selling your property can be overwhelming. That’s why we take care of all the necessary documentation, ensuring a worry-free experience for you. From listing agreements and disclosure forms to contracts and closing documents, we provide and handle every form required to successfully complete your transaction. Our expertise ensures that all paperwork is accurate, comprehensive, and compliant with legal requirements, so you can focus on what matters most—selling your property with confidence and peace of mind.
Comprehensive Documentation: At Be Better Realty, we meticulously manage every piece of paperwork involved in selling your property. From listing agreements to closing statements, we ensure that all necessary documents are prepared, reviewed, and completed with precision, so you don’t have to worry about missing any critical details.
Worry-Free Experience: Selling a property can be stressful, but with Be Better Realty by your side, the process becomes seamless. We take on the burden of managing the complex paperwork, allowing you to focus on the excitement of your next steps rather than the intricacies of legal forms and contracts.
Legal Compliance: Our extensive experience in the real estate industry means that we are well-versed in the latest regulations and legal requirements. We ensure that all documentation is not only accurate but fully compliant with current laws, protecting you from potential legal issues and giving you peace of mind throughout the transaction.
End-to-End Support: From the moment you list your property to the final closing, Be Better Realty provides comprehensive support. We handle everything—from preparing the initial listing agreement to finalizing the sale—ensuring that every step of the process is smooth, efficient, and stress-free.
Confidence in Selling: With Be Better Realty managing your sale, you can move forward with confidence. Our professional handling of all documentation and our commitment to your success means that you can focus on achieving the best possible outcome for your property, knowing that we’ve got the details covered.
Choosing Be Better Realty means partnering with a team dedicated to making your property sale as smooth and successful as possible. We’re here to guide you through every step, providing expert management of all necessary documentation and ensuring a seamless experience from start to finish. With our comprehensive support, legal expertise, and commitment to excellence, you can sell your property with confidence, knowing that every detail is handled with care. Let us take the stress out of selling, so you can focus on what’s next.
Contact Us
At Be Better Realty, our commitment to providing tailored, client-focused service is at the heart of everything we do. By choosing us, you’re not just working with a brokerage—you’re partnering with a dedicated team that prioritizes your goals, and is devoted to delivering exceptional results every step of the way.
Our Mission: Empowering Customers One Property at a Time.
At the core of our mission is an unyielding commitment to Be Better. Our aim as a Single Agency Real Estate Brokerage is to convert your aspirations into tangible realities, crafting dreams into cherished, lasting memories.
Real Estate Listing Agreements
A real estate listing agreement is a legally binding contract between a property owner and a real estate broker that grants the broker the right to sell the property. This agreement is a crucial document in the home-selling process, as it outlines the terms and conditions under which the broker will market the property, including the duration of the listing, the listing price, and the commission the broker will receive upon the sale of the property. It also specifies the broker's obligations, such as advertising the property, hosting open houses, and negotiating with potential buyers on the seller's behalf.
There are several types of listing agreements, with the most common being exclusive right-to-sell, exclusive agency, and open listing agreements. An exclusive right-to-sell agreement gives the broker the sole right to earn a commission regardless of who finds the buyer, offering the broker strong incentive to invest in marketing the property. In contrast, an exclusive agency agreement allows the seller to avoid paying a commission if they find the buyer themselves. An open listing is the least restrictive and allows multiple brokers to market the property, but only the broker who brings the buyer earns the commission. Choosing the right type of listing agreement depends on the seller's needs and goals, and understanding the specifics of each can help ensure a successful and mutually beneficial partnership between the seller and their broker.