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Exclusive Right To Sell Listing Contract (Residential) Form. This is a Colorado form and can be use in Real Estate Statewide.
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Tags: Exclusive Right To Sell Listing Contract (Residential), LC10, Colorado Statewide, Real Estate
COURT
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Index No.
The printed portions of this form, except differentiated additions, have been approved by the Colorado
:
Calendar No.
Real Estate Commission. (LC10-5-04)
Plaintiff(s)
:
JUDICIAL SUBPOENA
-againstTHIS IS A BINDING CONTRACT.
THIS FORM: HAS IMPORTANT LEGAL
CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
:
COUNSEL BEFORE SIGNING.
Compensation charged by real estate brokerage firms is not set by law. Such charges are established by
:
each real estate brokerage firm.
Defendant(s)
:
....... .............. .................. .... ...
DIFFERENT. . BROKERAGE . . RELATIONSHIPS . .ARE. . AVAILABLE WHICH INCLUDE
BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE.
EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT
THE PEOPLE OF THE STATE OF NEW YORK
(RESIDENTIAL)
(SELLER AGENCY)
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid Date: you and each of you attend before
aside,
,
the Honorable
at the
Court
1.
AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract as of
located at
County of
the date set forth above., on the
in room
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
2.
AGENCY RELATIONSHIP.
a.
Multiple-Person Firm. If this box is checked, the individual designated by Brokerage
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Firm to serve as whose behalfagent of Seller and to perform the services for $50 andrequired by sustained as a
the limited this subpoena was issued for a maximum penalty of Seller all damages this
the party on
contract is called Broker. to comply. one individual is so designated, then references in this contract to
result of your failure If more than
Broker shall include all persons so designated, including substitute or additional brokers. The agency
relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to
Witness, Honorable
, one of the Justices of the
any other brokers employed or engaged by Brokerage Firm who are not so designated.
Court in
County,
day of
, 20
b.
One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with
only one licensed natural person. References in this contract to Broker or Brokerage Firm mean both the
licensed natural person and brokerage firm who shall serve as the(Attorney must signof Sellertype name below) the
limited agent above and and perform
services for Seller required by this contract.
3.
DEFINED TERMS.
a.
Seller:
b.
Brokerage Firm:
c.
Attorney(s) for
Broker:
Office and P.O. Address
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
Page 1 of 10
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COURT
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d.
Index No.
Property. The Property is the following legally described real estate:
:
Calendar No.
in the County of
commonly known as No.
Plaintiff(s)
, Colorado,
-against-
:
JUDICIAL SUBPOENA
:
Street Address
City
State
Zip
: and attached fixtures appurtenant
together with the interests, easements, rights, benefits, improvements
thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
:
e.
Sale. A Sale is the voluntary transfer or exchange of any interest in the Property or the
Defendant(s)
:
. . . .creation. of .the. obligation . . .convey .any. interest. in .the. Property, including a contract or lease.
. . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . .
voluntary
It also includes an agreement to transfer any ownership interest in an entity which owns the Property.
f.
Listing Period. The Listing Period of this contract shall begin on
, and
THE PEOPLE OF THE STATE OF NEW YORK
shall continue through the earlier of (1) completion of the Sale of the Property or (2)
. Broker shall continue to assist in the completion of any transaction for
TO
which compensation is payable to Brokerage Firm under § 14 of this contract.
g.
Applicability of Terms. A check or similar mark in a box means that such provision is
applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution
GREETINGS:
of this contract) means the latest date upon which both parties have signed this contract.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at Brokerage Firm, acting through Broker, shall
Court
4.
BROKERAGE SERVICES AND DUTIES. the
located shall exercise reasonable skill and care for Seller.
County of
provide brokerage services to Seller. Broker at
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, as testify and give shall promote the interestsaction on the part of utmost good faith,
to Seller's agent, evidence as a witness in this of Seller with the the
a.
Broker,
loyalty and fidelity, including, but not limited to:
(1)
Seeking a price and terms that are acceptable to Seller; except that Broker shall
not to obligated this subpoena is punishable to contempt the Property while you
Your failure be comply withto seek additional offers as apurchase of court and will make the liable to
Property is subject to was issued for a maximum penalty of $50 and all damages sustained as a
the party on whose behalf this subpoena a contract for Sale;
(2)
Presenting all
result of your failure to comply. offers to and from Seller in a timely manner regardless of whether
the Property is subject to a contract for Sale;
(3)
Disclosing
Witness, Honorableto Seller adverse material facts actually known by Broker;
, one of the Justices of the
(4)
Counseling Seller as of any material benefits or risks of a transaction that are
to
Court in
County,
day
, 20
actually known by Broker;
(5)
Advising Seller to obtain expert advice as to material matters about which Broker
knows but the specifics of which are beyond the expertise above and type and below)
of Broker; name
(Attorney must sign
(6)
Accounting in a timely manner for all money and property received.
b.
Broker shall not disclose the following information without the informed consent of
Attorney(s) for
Seller:
(1)
That Seller is willing to accept less than the asking price for the Property;
(2)
What the motivating factors are for Seller to sell the Property;
(3)
That Seller will agree to financing terms other than those offered;
Office and P.O. Address
(4)
Any material information about Seller unless disclosure is required by law or
failure to disclose such information would constitute fraud or dishonest dealing;
or
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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(5)
Index No.
Any facts or suspicions regarding circumstances that could psychologically
:
Calendar No.
impact or stigmatize the Property.
:
JUDICIAL SUBPOENA
Plaintiff(s)
c.
Seller consents to Broker’s disclosure of Seller’s confidential information to the
supervising broker or designee -againstfor the purpose of proper supervision, provided such supervising broker
:
or designee shall not further disclose such information without consent of Seller, or use such information
:
to the detriment of Seller.
:
d.
Seller shall not be vicariously liable for the acts of Broker that are not approved, directed
or ratified by Seller.
Defendant(s)
:
......................................................
e.
Broker has no duty to conduct an independent inspection of the Property for the benefit
of a buyer and has no duty to independently verify the accuracy or completeness of statements made by
Seller THE PEOPLE OFinspectors. Broker has no duty to conduct an independent investigation of a
or independent THE STATE OF NEW YORK
buyer's financial condition or to verify the accuracy or completeness of any statement made by a buyer.
TO
f.
In-Company Transaction – Different Brokers. When Seller and buyer in a transaction
are working with different brokers, those brokers continue to conduct themselves consistent with the
brokerage relationships they have established. Seller acknowledges that Brokerage Firm is allowed to
GREETINGS:
offer and pay compensation to brokers within Brokerage Firm working with a buyer.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
g.
In-Company Transaction – One Broker. If Seller and buyer are both working with the
,
the Honorable
at the
Court
same broker the following applies: located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Checkor adjourned date, to testify and give evidence as a witness in this action on the part of the
One Box Only
(1) Seller’s Agent. If this box is checked, Broker shall represent Seller as Seller’s Agent
and shall treat the buyer as a customer. A customer is a party to a transaction with whom Broker has no
Your failure to comply disclose to such customer Broker's relationship with Seller.
brokerage relationship. Broker shall with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
(2) Seller’s Agent Unless Brokerage Relationship with Both. If this box is checked,
Broker shall represent Seller as Seller’s Agent and shall treat the buyer as a customer, unless Broker
Witness, Honorable
, with the buyer, in which
currently has or enters into an agency or Transaction-Brokerage relationshipone of the Justices of the
Court shall act as a Transaction-Broker.
County,
day of
, 20
case Broker in
(3) Transaction-Broker. If this box is checked, Broker shall (if also permitted by
(Attorney must a above and type name below)
buyer) act as a Transaction-Broker. When acting as a Transaction-Broker,signbroker assists the parties
throughout a contemplated real estate transaction with communication, interposition, advisement,
negotiation, contract terms and the closing of the transaction without being an agent or advocate for the
interests of either party to the transaction. Broker, when acting Attorney(s) for
as a Transaction-Broker, may disclose
any information to one party that Broker gains from the other party if the information is relevant to the
transaction or party, except Broker shall not disclose the following information without prior consent:
(a)
That buyer is willing to pay more than the purchase price offered for the Property;
(b)
That Seller is willing to accept less than the asking price for the Property;
Office and P.O. Address
(c)
What the motivating factors are for any party buying or selling the Property;
(d)
That Seller or buyer will agree to financing terms other than those offered;
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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(e)
Index No.
Any material information about the other party unless:
:
Calendar No.
(1)
the disclosure is required by law,
:
(2)
the disclosure pertains to adverse material facts about SUBPOENA
JUDICIAL buyer's financial
Plaintiff(s)
ability to perform the terms of the transaction,
-against:
(3)
the disclosure pertains to buyer's intent to occupy the Property as a
principal residence, or
:
(4)
failure to disclose such information would constitute fraud or dishonest
dealing.
:
Defendant(s)
:
5.
. SELLER’S .OBLIGATIONS .TO. . . . . . . . . . . . .Seller .agrees to conduct all negotiations for the
. . . . . . . . . . . . . . . . . . . . . . . . . . . . BROKER. . . . . . . . . .
Sale of the Property only through Broker, and to refer to Broker all communications received in any
form from real estate brokers, prospective buyers, tenants or any other source during the Listing Period
of this contract. Seller represents that Seller
Is
Is Not currently a party to any listing
THE PEOPLE OF THE STATE OF NEW YORK
agreement with any other broker to sell the Property.
6.
TO
PRICE AND TERMS.
a.
Price. U.S. $
GREETINGS:
b.
Terms.
Cash
Conventional
FHA
VA
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Other:
,
the Honorable
at the
Court
located at
County of
in room Loan Discount Points. of
, on the
day
, 20
, at
o'clock in the
noon, and at any recessed
c.
or adjourned date, to testify and give evidence as a witness in this action on the part of the
d.
Buyer's Closing Costs (FHA/VA). Seller shall payas a contempt of court and will makeis liable to
Your failure to comply with this subpoena is punishable closing costs and fees that Buyer you
not allowed to pay, in an behalf this subpoena was issued for a for only the following items:all damages sustained as a
the party on whose amount not to exceed $
maximum penalty of $50 and third party
document preparation, taxto comply. certificate and
service, tax
result of your failure
.
Witness, Honorable
, one of the Justices of the
e.
Court in Earnest Money. Minimum amount of earnest money deposit U.S. $
County,
day of
, 20
the form of
.
in
f.
Seller Proceeds. Seller will receive net proceeds of closing as indicated:
(Attorney must sign above and type name below)
Cashier's Check at Seller's expense;
Funds Electronically Transferred (Wire
Transfer) to an account specified by Seller, at Seller's expense; or
Closing
Company's
Trust Account Check.
Attorney(s) for
g.
Advisory-Tax Withholding. The Internal Revenue Service and the Colorado
Department of Revenue may require closing company to withhold a substantial portion of the
proceeds of this Sale when Seller either (1) is a foreign person or (2) will not be a Colorado resident
Office and P.O. Address
after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an
exemption exists.
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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:
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Index No.
7.
DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by
:
Calendar No.
Broker pursuant to a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest
money deposit to the closing agent, if any, at or before the closing of the Sale contract.
:
JUDICIAL SUBPOENA
Plaintiff(s)
8.
-againstINCLUSIONS AND EXCLUSIONS.
a.
:
:
Purchase Price. The Purchase Price includes the following items (Inclusions):
:
(1)
Fixtures. If attached to the Property on the date of this contract, lighting, heating,
plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone wiring and
Defendant(s)
:
. . . . . . . . . . . . . . . . . . . . mirrors, . . . . . . . . . . . . . . . . . . . .
connecting. blocks/jacks, . plants,. . . . . . . . . floor .coverings, .intercom .systems, built-in kitchen appliances,
sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers
including
remote controls; and
THE PEOPLE OF THE STATE OF NEW YORK
(2)
Exclusions. The following attached fixtures are excluded:
.
TO
(3)
Personal Property. If on the Property whether attached or not on the date of this
contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window
coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
GREETINGS:
storage sheds, and all keys. If checked, the following are included:
Water Softeners
WE Detectors
that all business and Satellite Systems (including satellite
Smoke/FireCOMMAND YOU, Security Systems excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
dishes); and
.
located at
County of
(4)
Transfer of Personal Property. The Personal Property to be conveyed at
inshall be conveyed, the Seller, free and clear of20 taxes (except personal property taxes forany recessed
room
, on by
day of
, all , at
o'clock in the
noon, and at the
closing
or adjourned date, to testify and give evidence as a witness in this action on the part of the
year of closing), liens and encumbrances, except
.
Conveyance shall be by bill of sale or other applicable legal instrument.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Parking and Storage Facilities.
Use Only
the party (5) whose behalf this subpoena was issued for a maximum penaltyOwnershipall damages sustained as a
on
of $50 and of the following
parking facilities: failure to comply.
; and the following storage facilities:
result of your
(6)
Water Rights. The following legally described water ,rights: the Justices of the
Witness, Honorable
one of
Court in
County,
day of
Any water rights shall be conveyed by
legal instrument. The Well Permit # is
, 20
deed or other applicable
.
(Attorney must sign above and type name below)
9.
TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is
solely in Seller's name. Seller shall deliver to Broker true copies of all relevant title materials, leases,
improvement location certificates and surveys in Seller's possession and shall disclose to Broker all
easements, liens and other encumbrances, if any, on the Property,Attorney(s)Seller has knowledge. Seller
of which for
authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker
the amount owing on said encumbrance and the terms thereof. In case of Sale, Seller agrees to convey,
by a
deed, only that title Seller has in the Property. Property shall be
Office and closing.
conveyed free and clear of all taxes, except the general taxes for the year of P.O. Address
All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall
be paid by Seller and released except as Seller and buyer may otherwise agree. Existing monetary
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
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277
278
279
280
281
encumbrances are as follows:
:
The Property is subject to the following leases and tenancies:
:
Plaintiff(s)
Index No.
Calendar No.
.
JUDICIAL SUBPOENA .
If the Property has been-against- be subject to any governmental liens for special improvements
or will
:
installed at the time of signing a Sale contract, Seller shall be responsible for payment of same unless
:
otherwise agreed. Brokerage Firm may terminate this Listing Contract upon written notice to Seller that
title is not satisfactory to Brokerage Firm.
:
10.
EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, a current
Defendant(s)
:
. . . . . . . . . . an .owner's. title. insurance. policy. in .an. amount . . . to the Purchase Price in the form
commitment and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . equal
specified in the Sale contract, or if this box is checked,
An Abstract of Title certified to a
current date.
THE PEOPLE OF THE STATE OF NEW YORK
11.
ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners'
association assessment is currently payable at $
per
and that there
TO
are no unpaid regular or special assessments against the Property except the current regular assessments
and except
.
Seller agrees to promptly request the owners' association to deliver to buyer before date of closing a
current statement of assessments against the Property.
GREETINGS:
12.
WE COMMAND YOU, the Property shall excuses being laid aside, follows:
POSSESSION. Possession of that all business and be delivered to buyer asyou and each of you attend before
,
the Honorable
at the
Court
,
located at
County of
subject to leases and tenancies as described in § 9.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as aAND INSPECTION. the part of the
witness in this action on
13.
MATERIAL DEFECTS, DISCLOSURES
a.
Broker's Obligations. Colorado law requires a broker to disclose to any prospective
buyer all adverse materialto comply with this subpoenasuch broker including butof court and will make you liable to
Your failure facts actually known by is punishable as a contempt not limited to adverse
material facts pertainingbehalf this subpoena was issued and athe physical condition of the Property, sustained as a
the party on whose to the title to the Property for maximum penalty of $50 and all damages any
material defects infailureProperty, and any environmental hazards affecting the Property which are
result of your the to comply.
required by law to be disclosed. These types of disclosures may include such matters as structural
defects, soil conditions,Honorable of health, zoning or building laws, and one of the Justices uses and
Witness, violations
, nonconforming of the
zoningCourt in
variances. Seller agrees that any buyer may have the Property and Inclusions inspected and
County,
day of
, 20
authorizes Broker to disclose any facts actually known by Broker about the Property.
b.
Seller’s Obligations.
(Attorney must sign above and type name below)
(1)
Seller's Property Disclosure Form. A seller is not required by law to provide a
Seller's Property Disclosure form. However, disclosure of known material latent (not obvious) defects is
required by law. Seller
Agrees
Does Not Agree toAttorney(s) for
provide a Seller's Property Disclosure
form completed to the best of Seller's current, actual knowledge.
(2)
Lead-Based Paint. Unless exempt, if the improvements on the Property include
Office and P.O. Address
one or more residential dwellings for which a building permit was issued prior to January 1, 1978, a
completed Lead-Based Paint Disclosure (Sales) form must be signed by Seller, the real estate licensees
and given to any potential buyer in a timely manner.
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
282
283
284
285
286
287
288
289
290
291
292
293
294
295
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297
298
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302
303
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307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
Index No.
14.
COMPENSATION TO BROKERAGE FIRM. Seller agrees that any Brokerage Firm
:
Calendar No.
compensation that is conditioned upon the Sale of the Property shall be earned by Brokerage Firm as set
forth herein without any discount or allowance for any efforts made by Seller or by any other person in
:
JUDICIAL SUBPOENA
Plaintiff(s)
connection with the Sale of the Property.
-against-
:
a.
Amount. In consideration of the services to be performed by Broker, Seller agrees to
:
pay Brokerage Firm as follows:
(1)
(b)
Sale Commission. (a)
:
% of the gross sales price in U.S. dollars, or
.
Defendant(s)
:
......................................................
(2)
Lease Commission. (a)
or (b)
% of the gross rent under the lease in U.S. dollars,
.
THE PEOPLE OF THE STATE OF NEW YORK
b.
following:
TO
When Earned. Such commission shall be earned upon the happening of any of the
(1)
Any Sale of the Property within the Listing Period by Seller, by Broker or by any
other person;
GREETINGS:
(2)
Broker finding a buyer who is ready, willing and able to complete the transaction
WE COMMAND
as specified herein by Seller; or YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
County of
(3)
Any Sale of thelocated at within
Property
calendar days subsequent to the
in room the Listing on the (Holdover Period) to, anyone at
, Period
day of
20
, with whom Broker negotiated and whoserecessed
o'clock in the
noon, and at any
expiration of
or adjourned date, to testify andSeller by Brokeraduring the this action on the(including any extensions
give evidence as witness in Listing Period part of the
name was submitted, in writing, to
thereof). However, Seller shall owe no commission to Brokerage Firm under this subsection (3) if a
commission is earned by another licensed real estate brokerage firm acting pursuant to an exclusive
agreement entered into during the Holdover Period. is punishable as a contempt of court and will make you liable to
Your failure to comply with this subpoena
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
c.
When Applicable and
result of your failure to comply. Payable. The commission obligation shall apply to a Sale made
during the Listing Period or any extension of such original or extended term. The commission described
in subsection 14a(1) shall be payable at the time of the closing of the Sale as contemplated by subsection
Witness, Honorable
, one of the Justices of the
14b(1)Court in
or 14b(3), or upon fulfillment ofday of
subsection 14b(2) 20
where either the offer made by such buyer is
County,
,
defeated by Seller or by the refusal or neglect of Seller to consummate the Sale as agreed upon.
d.
Lease and Lease Option Commissions. If the transaction consists of atype name below)
lease or a lease
(Attorney must sign above and
and right to purchase the Property, the commission relating to the lease shall be as provided in
subsection 14a(2), payable as follows:
e.
Other Compensation.
Attorney(s) for
15.
LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage
Firm, except as set forth in § 14, shall accept compensation fromand P.O. Address
Office any other person or entity in
connection with the Property without the written consent of Seller. Additionally, neither Broker nor
Brokerage Firm shall assess or receive mark-ups or other compensation for services performed by any
third party or affiliated business entity unless Seller signs a separate written consent.
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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:
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16.
OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICE AND
MARKETING. Seller has been advised by Broker of the advantages and disadvantages of various
:
JUDICIAL SUBPOENA
marketing methods, the use of multiple listing Plaintiff(s)and various methods of making the Property
services
-againstaccessible by other brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and
:
whether some methods may limit the ability of another broker to show the Property. After having been
so advised, Seller has chosen the following (check all that apply): :
:
The Property:
Shall
Shall Not be submitted to one or more multiple listing services.
Defendant(s)
:
. . . . . . . .Shall. . . . . . . . . Shall .Not .be. submitted. to . . . . or . . . . property information exchanges.
....
. . . . . . . . . . . . . . . . . . . one . . more
Seller authorizes the use of electronic and all other marketing methods except:
a.
Seller further authorizes use of the data by multiple listing services and property
THE PEOPLE OF THE STATE OF NEW YORK
information exchanges, if any.
Access to the Property by other brokerage firms may be by:
TO
Lock Box
Other instructions:
GREETINGS:
b.
Broker shall seek assistance from, and Brokerage Firm offers compensation to, the
WE COMMAND YOU, that all
following brokers outside of Brokerage Firm:business and excuses being laid aside, you and each of you attend before
,
the Honorable Buyer Agents:
% of theat the sales price Court dollars.
gross
in U.S.
located
County of
Transaction-Brokers: at
% of the gross sales price in U.S. dollars.
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in forfeiture of the part of the
this action on payments made by a buyer,
FORFEITURE OF PAYMENTS. In the event of a
17.
the sums received shall be divided between Brokerage Firm and Seller, one-half thereof to Brokerage
Firm but not to exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller.
Any forfeiture of payment under thiswith this shall not reduce any Brokerage Firm compensation make you liable to
Your failure to comply section subpoena is punishable as a contempt of court and will under
§ 14. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
18.
COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing,
Brokerage FirmWitness, Honorable
shall bear all expenses incurred by Brokerage Firm, if any, ,to market the Property and
one of the Justices of the
to compensate cooperatingCounty,
brokerage firms,of any. Neither Broker nor Brokerage Firm shall obtain or
if
Court in
day
, 20
order any other products or services unless Seller agrees in writing to pay for them promptly when due
(examples: surveys, radon tests, soil tests, title reports, engineering studies). Unless otherwise agreed,
neither Broker nor Brokerage Firm shall be obligated to advance(Attorney for the benefit of Seller below)
funds must sign above and type name in order
to complete a closing. Seller shall reimburse Brokerage Firm for payments made by Brokerage Firm for
such products or services authorized by Seller.
19.
MAINTENANCE OF THE PROPERTY. Neither Attorney(s) for
Broker nor Brokerage Firm shall be
responsible for maintenance of the Property nor shall they be liable for damage of any kind occurring to
the Property, unless such damage shall be caused by their negligence or intentional misconduct.
Office and P.O. Address
20.
OTHER SELLERS. Seller acknowledges that, under Colorado law, Brokerage Firm may have
agreements with other sellers to market and sell their properties.
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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21.
NONDISCRIMINATION. The parties agree not to
prospective buyer because of the race, creed, color, sex, marital
physical or mental handicap, religion or ancestry of such person.
Plaintiff(s)
Index No.
discriminate unlawfully against any
:
Calendar No.
status, national origin, familial status,
:
JUDICIAL SUBPOENA
-against22.
RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,
:
Seller acknowledges that Broker has advised that this document has important legal consequences and
:
has recommended consultation with legal and tax or other counsel before signing this contract.
:
23.
MEDIATION. If a dispute arises relating to this contract, prior to or after closing, and is not
resolved, the parties shall first proceed in good Defendant(s)
faith to submit the matter to mediation. Mediation is a
:
. . in. . . . . . . . . . .parties. meet. with .an. . . . . . . . . .person. who .helps to resolve the dispute informally
. which the . . . . . . . . . . . . . . impartial . . . . . . . . . . .
process
and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree
before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share
equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the
THE PEOPLE OF THE STATE OF NEW YORK
event the entire dispute is not resolved within 30 calendar days of the date written notice requesting
mediation is sent by one party to the other at the party’s last known address.
TO
24.
ATTORNEY FEES. In the event of any arbitration or litigation relating to this contract,
the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,
including attorney and legal fees.
GREETINGS:
WE COMMAND YOU, that all business and additional provisions you not been you attend
25.
ADDITIONAL PROVISIONS. (The followingexcuses being laid aside, haveand each ofapproved before
,
the Honorable Estate Commission.)
at the
Court
by the Colorado Real
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
26.
27.
ATTACHMENTS. The following are a part of this contract:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
NOTICE, failure to comply.
result of yourDELIVERY AND CHOICE OF LAW.
a.
Physical Honorable Except for the notice requesting mediation described in § 23 and
Witness, Delivery.
, one of the Justices of the
exceptCourt in
as provided in § 27b below, any day of to the other20
notice
party to this contract must be in writing, and
County,
,
is effective upon receipt.
b.
Electronic Delivery. As an alternative to physical delivery, any signed document and
(Attorney must sign above and type name below)
written notice may be delivered in electronic form by the following indicated methods only:
Facsimile
E-mail
None. Documents with original signatures shall be provided upon
request of any party.
Attorney(s) for
c.
Choice of Law. This contract and all disputes arising hereunder shall be governed by
and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado
residents who sign a contract in this state for property located in Colorado.
Office and P.O. Address
28.
MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of
the terms of this Listing Contract shall be valid, binding upon the parties, or enforceable unless made in
Telephone No.:
writing and signed by the parties.
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Page 9 of 10
Mobile Tel. No.:
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:
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29.
COUNTERPARTS. If more than one person is named as a Seller herein, this Listing Contract
may be executed by each Seller, separately, and when so executed,: such copies taken together with one
JUDICIAL SUBPOENA
Plaintiff(s)
executed by Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract
-againstbetween the parties.
:
:
30.
ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties,
and any prior agreements, whether oral or written, have been merged and integrated into this contract.
:
31.
COPY OF CONTRACT. Seller acknowledges receipt of a copy of this contract signed by
Defendant(s)
:
. .including .all attachments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Broker, . . . . . . . . . . . . . . . . . . . . .
Brokerage Firm authorizes Broker to execute this Listing Contract on behalf of Brokerage Firm.
THE PEOPLE OF THE STATE OF NEW YORK
Date:
TO
Date:
Seller GREETINGS:
Seller
Address:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
Phone No.:
Fax No.:
,
the Honorable
at the
Court
Email Address:
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Date:
Broker
Broker's Name:
Address:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Phone the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
No.:
Fax No.:
Email result of your failure to comply.
Address:
Brokerage Firm's Name:Honorable
Witness,
Address: in
Court
County,
Phone No.:
Email Address:
, one of the Justices of the
day of
Fax No.:
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
No. LC10-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Residential) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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