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Exclusive Right To Sell Listing Contract (Vacant Land-Farm-Ranch) 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 (Vacant Land-Farm-Ranch), LC12, 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. (LC12-5-04)
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
(VACANT LAND – FARM – RANCH)
(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.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 1 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
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d.
Index No.
:
Calendar No.
:
JUDICIAL SUBPOENA
Property. The Property is the following legally described real estate:
Plaintiff(s)
in the County of
commonly known as No.
-against-
, Colorado,
:
Street Address
City :
State
Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
:
thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
Defendant(s)
:
. e. . . . . .Sale. . .A .Sale. is. . . . .voluntary .transfer. or .exchange. . any interest in the Property or the
..
. . . . . . . . . the . . . . . . . . . . . . . . . . . . . . . . . of
voluntary creation of the obligation to convey any interest in the Property, including a contract or lease.
It also includes an agreement to transfer any ownership interest in an entity which owns the Property.
THE PEOPLE OF THE STATE OF NEW YORK
f.
Listing Period. The Listing Period of this contract shall begin on
, and
shall continue through the earlier of (1) completion of the Sale of the Property or (2)
TO
. Broker shall continue to assist in the completion of any transaction for
which compensation is payable to Brokerage Firm under § 13 of this contract.
g.
Applicability of Terms. A check or similar mark in a box means that such provision is
GREETINGS:
applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution
WE COMMAND date that which both parties have signed aside, you and
of this contract) means the latestYOU,uponall business and excuses being laid this contract. each of you attend before
,
the Honorable
at the
Court
County of
4.
BROKERAGE SERVICES located DUTIES. Brokerage Firm, acting through Broker, shall
AND at
inbrokerage services to Seller. day of shall exercise reasonable skill and care for Seller.and at any recessed
room
, on the
, 20
, at
o'clock in the
noon,
provide
Broker
or adjourned date, to testify and give evidence as a witness in this action on the part of the
a.
Broker, as Seller's agent, shall promote the interests of Seller with the utmost good faith,
loyalty and fidelity, including, but not limited to:
(1) failure to comply with this subpoena is punishable as a contempt except that Broker shall liable to
Your Seeking a price and terms that are acceptable to Seller; of court and will make you
not be this subpoena was additional offers to purchase the Property while the
the party on whose behalfobligated to seek issued for a maximum penalty of $50 and all damages sustained as a
Property is subject to a contract for Sale;
result of your failure to comply.
(2)
Presenting all offers to and from Seller in a timely manner regardless of whether
the Property
Witness, Honorable is subject to a contract for Sale;
, one of the Justices of the
(3)
Disclosing to Seller adverse material20
facts actually known by Broker;
Court in
County,
day of
,
(4)
Counseling Seller as to any material benefits or risks of a transaction that are
actually known by Broker;
(5)
Advising Seller to obtain expert advice as (Attorney must sign above about which Broker
to material matters and type name below)
knows but the specifics of which are beyond the expertise of Broker; and
(6)
Accounting in a timely manner for all money and property received.
b.
Attorney(s) for
Broker shall not disclose the following information without the informed consent of
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;
Office and P.O. Address
(3)
That Seller will agree to financing terms other than those offered;
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 2 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
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(4)
(5)
Index No.
Any material information about Seller unless disclosure is required by law or
:
Calendar No.
failure to disclose such information would constitute fraud or dishonest dealing;
or
:
JUDICIAL psychologically
Any facts or suspicionsPlaintiff(s) circumstances that could SUBPOENA
regarding
impact or-against- the Property.
stigmatize
:
:
c.
Seller consents to Broker’s disclosure of Seller’s confidential information to the
supervising broker or designee for 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.
Defendant(s)
:
......................................................
d.
Seller shall not be vicariously liable for the acts of Broker that are not approved, directed
or ratified by Seller.
THE PEOPLE OF THE STATE OF NEW YORK
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
TO
Seller or independent inspectors. Broker has no duty to conduct an independent investigation of a
buyer's financial condition or to verify the accuracy or completeness of any statement made by a buyer.
GREETINGS:
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
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
brokerage relationships they have established. Seller acknowledges that Brokerage Firm is allowed to
,
the Honorable
at the
Court
offer and pay of
compensation to brokers withinat
Brokerage Firm working with a buyer.
located
County
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
g.
In-Company Transaction – One Broker. If Seller and buyer part of the
or adjourned date, to testify and give evidence as a witness in this action on theare both working with the
same broker the following applies:
Check One Box Only
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party (1) whose behalf this subpoena was issued for Broker shallpenalty of $50 andas Seller’s Agent
on Seller’s Agent. If this box is checked, a maximum represent Seller all damages sustained as a
result of your failure to comply.
and shall treat the buyer as a customer. A customer is a party to a transaction with whom Broker has no
brokerage relationship. Broker shall disclose to such customer Broker's relationship with Seller.
Witness, Honorable
, one of the Justices of the
Court in (2) Seller’sCounty, Unless Brokerage Relationship with Both. If this box is checked,
day of
, 20
Agent
Broker shall represent Seller as Seller’s Agent and shall treat the buyer as a customer, unless Broker
currently has or enters into an agency or Transaction-Brokerage relationship with the buyer, in which
(Attorney must sign above and type name below)
case Broker shall act as a Transaction-Broker.
(3) Transaction-Broker. If this box is checked, Broker shall (if also permitted by
buyer) act as a Transaction-Broker. When acting as a Transaction-Broker,for broker assists the parties
Attorney(s) a
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 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
Office and P.O. Address
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;
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 3 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
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(b)
(c)
(d)
(e)
Index No.
That Seller is willing to accept less than the asking price for the Property;
:
Calendar No.
What the motivating factors are for any party buying or selling the Property;
:
That Seller or buyer will agree to financing terms other than those offered;
JUDICIAL SUBPOENA
Plaintiff(s)
Any material information about the other party unless:
-against:
(1)
the disclosure is required by law,
(2)
the disclosure pertains to adverse material facts about buyer's financial
:
ability to perform the terms of the transaction,
(3)
failure to disclose such information :would constitute fraud or dishonest
dealing.
Defendant(s)
:
......................................................
5.
SELLER’S OBLIGATIONS TO BROKER. Seller agrees to conduct all negotiations for the
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
THE PEOPLE OF THE STATE OF NEW YORK
of this contract. Seller represents that Seller
Is Is Not currently a party to any listing agreement
with any other broker to sell the Property.
TO
6.
PRICE AND TERMS.
GREETINGS: U.S. $ ______________________________
a.
Price.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
b.
Terms.
Cash
Conventional
,
the Honorable
at the
Court
Other:
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
c.
Loan Discount Points.
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party Earnest Money. Minimum amount of earnest money deposit U.S. $ and all damages sustained as a
on whose behalf this subpoena was issued for a maximum penalty of $50
d.
in
result
the form of of your failure to comply.
.
Witness, Honorable
, indicated:
e.
Seller Proceeds. Seller will receive net proceeds of closing as one of the Justices of the
Cashier's Check at Seller's expense;day of
Funds Electronically Transferred (Wire Transfer) to
Court in
County,
, 20
an account specified by Seller, at Seller's expense; or
Closing Company's Trust Account
Check.
(Attorney must sign above and type name below)
f.
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 orAttorney(s) for a Colorado resident
(2) will not be
after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an
exemption exists.
7.
DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by
Office and P.O. Address
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.
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 4 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
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8.
INCLUSIONS AND EXCLUSIONS.
a.
:
Index No.
Calendar No.
Purchase Price. The Purchase Price includes the following items (Inclusions):
:
JUDICIAL SUBPOENA
Plaintiff(s)
(1)
Fixtures.-againstIf attached to the Property on the date of this contract, lighting, heating,
:
plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting
:
blocks/jacks, plants, mirrors, floor coverings, intercom systems, sprinkler systems and controls; and
(2)
Exclusions. The following attached fixtures :are excluded:
.
Defendant(s)
:
......................................................
(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, storage sheds, and all keys. If checked, the following are
THE PEOPLE OF THE STATE OF NEW YORK
included: Smoke/Fire Detectors
Security Systems; and
.
TO
(4)
Transfer of Personal Property. The Personal Property to be conveyed at
closing shall be conveyed, by Seller, free and clear of all taxes (except personal property taxes for the
year of closing), liens and encumbrances, except
GREETINGS:
.
WE COMMAND YOU, that all business and excuses being laid
Conveyance shall be by bill of sale or other applicable legal instrument. aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
(5)
Trade Fixtures. The following trade fixtures:
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
(6)
Water Rights. The following legally described water rights:
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
result of your failure to comply.
Any water rights shall be conveyed by
legal instrument. The Well Permit # is
Witness, Honorable
Court in
(7)
County,
day of
deed or other applicable
.
, one of the Justices of the
, 20
Growing Crops. The following growing crops:
(Attorney must sign above and type name below)
9.
TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is
Attorney(s) for
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, of which Seller has knowledge. Seller
authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker
Office of P.O. Seller
the amount owing on said encumbrance and the terms thereof. In caseand Sale, Addressagrees to convey,
by a
deed, only that title Seller has in the Property. Property shall be conveyed
free and clear of all taxes, except the general taxes for the year of closing.
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 5 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
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:
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Index No.
All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall
:
Calendar No.
be paid by Seller and released except as Seller and buyer may otherwise agree. Existing monetary
encumbrances are as follows:
:
JUDICIAL SUBPOENA .
Plaintiff(s)
-againstThe Property is subject to the following leases and tenancies:
:
.
:
If the Property has been or will be subject to any governmental liens for special improvements
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.
Defendant(s)
:
......................................................
10.
EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, a current
commitment and an owner's title insurance policy in an amount equal to the Purchase Price in the form
specified in the Sale contract, or if this box is checked,
An Abstract of Title certified to a current
THE PEOPLE OF THE STATE OF NEW YORK
date.
TO
11.
POSSESSION. Possession of the Property shall be delivered to buyer as follows:
_________________________________________________________________________________,
subject to leases and tenancies as described in § 9.
12.
GREETINGS:
MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
the
Court
a.
Broker's Obligations. Colorado lawatrequires a broker to disclose to any prospective
located at
buyer County of material facts actually known by such broker including but not limited to adverse
all adverse
in room pertainingon the title to of Property, 20 theatphysical condition of the Property, any recessed
, to the
day the
o'clock in the
noon, and at any
material facts
and ,
or adjournedin thetoProperty, and any environmental in this action on the part of the
date, testify and give evidence as a witness hazards affecting the Property which are
material defects
required by law to be disclosed. These types of disclosures may include such matters as structural
defects, soil conditions, violations of health, zoning or building laws, and nonconforming uses and
zoning variances. Seller agrees that any buyer may is punishable as a contempt of court and will makeand liable to
Your failure to comply with this subpoena have the Property and Inclusions inspected you
authorizesparty on whose behalf this subpoena was issued by Broker about the Property.and all damages sustained as a
the Broker to disclose any facts actually known for a maximum penalty of $50
result of your failure to comply.
b.
Seller’s Obligations.
Witness, Honorable
, one of the Justices of the
Seller's Propertyday of
Disclosure Form. A seller is not required by law to provide a
Court in (1)
County,
, 20
written disclosure of adverse matters regarding the Property. However, disclosure of known material
latent (not obvious) defects is required by law. Seller
Agrees
Does Not Agree to provide a
Seller's Property Disclosure form
Residential
Vacant (Attorney mustOther written disclosure of
Land
sign above and type name below)
adverse matters regarding the Property completed to the best of Seller's current, actual knowledge.
(2)
Lead-Based Paint. Unless exempt, if the improvements on the Property include
Attorney(s) prior to January 1, 1978, a
one or more residential dwellings for which a building permit was issued for
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.
Office and P.O. Address
13.
COMPENSATION TO BROKERAGE FIRM. Seller agrees that any Brokerage Firm
compensation that is conditioned upon the Sale of the Property shall be earned by Brokerage Firm as set
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 6 of 10
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
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Index No.
forth herein without any discount or allowance for any efforts made by Seller or by any other person in
:
Calendar No.
connection with the Sale of the Property.
:
JUDICIAL Seller agrees
Plaintiff(s)
a.
Amount. In consideration of the services to be performed by Broker,SUBPOENA to
pay Brokerage Firm as follows: -against:
(1)
Sale Commission. (a)
:
% of the gross sales price in U.S. dollars, or
(b)
:
.
(2)
Lease Commission. (a) Defendant(s) gross rent under the lease in U.S. dollars,
% of the
:
......................................................
or (b)
.
b.
following:
When Earned. Such commission shall be earned upon the happening of any of the
THE PEOPLE OF THE STATE OF NEW YORK
TO
(1)
Any Sale of the Property within the Listing Period by Seller, by Broker or by any
other person;
(2)
Broker finding a buyer who is ready, willing and able to complete the transaction
as specified herein by Seller; or
GREETINGS:
WE
(3) COMMAND YOU, that all business and excuses being laid aside, you subsequent you attend before
Any Sale of the Property within
calendar days and each of to the
,
the Honorable
at the
Court
expiration of the Listing Period (Holdover Period) to anyone with whom Broker negotiated and whose
located Broker during the Listing Period (including any extensions
County of
name was submitted, in writing, to Seller by at
in room
, onshall oweday of
the
20
, at
o'clock in this
noon, and at if
thereof). However, Seller
no commission , to Brokerage Firm under the subsection (3) anyarecessed
or adjourned date, by testify andlicensed real estate brokerage firm acting pursuant to an exclusive
to another give evidence as a witness in this action on the part of the
commission is earned
agreement entered into during the Holdover Period.
c.
When Applicable and Payable. The commission obligation shall court and will make you liable to
Your failure to comply with this subpoena is punishable as a contempt of apply to a Sale made
duringthe party on whose behalf this subpoena was issued for a maximum penalty The commission described
the Listing Period or any extension of such original or extended term. of $50 and all damages sustained as a
in subsection 13a(1) shall to comply. at the time of the closing of the Sale as contemplated by subsection
result of your failure be payable
13b(1) or 13b(3), or upon fulfillment of subsection 13b(2) where either the offer made by such buyer is
defeated by Seller or by Honorable or neglect of Seller to consummate the Sale as of the Justices of the
Witness, the refusal
, one agreed upon.
Court in
County,
day of
, 20
d.
Lease and Lease Option Commissions. If the transaction consists of a lease or a lease
and right to purchase the Property, the commission relating to the lease shall be as provided in
subsection 13a(2), payable as follows:
(Attorney must sign above and type name below)
e.
Other Compensation.
Attorney(s) for
14.
LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage
Firm, except as set forth in § 13, shall accept compensation from 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
Office and P.O. Address
third party or affiliated business entity unless Seller signs a separate written consent.
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 7 of 10
E-Mail Address:
Mobile Tel. No.:
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COURT
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Index No.
15.
OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICE AND
:
Calendar No.
MARKETING. Seller has been advised by Broker of the advantages and disadvantages of various
marketing methods, the use of multiple listing services and various methods of making the Property
:
JUDICIAL SUBPOENA
Plaintiff(s)
accessible by other brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and
-againstwhether 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):
:
a.
The Property
:
Shall
Shall Not be submitted to one or more multiple listing services.
Shall
Shall Not be submitted to one or more property information exchanges.
Defendant(s)
:
. . . . . . . .Seller . . . . . . . . . .the. use .of .electronic.and .all. other. marketing methods except:
. . . . . authorizes . . . . . . . . . . . . . . . . . . . . . . . .
Seller further authorizes use of the data by multiple listing services and property
information exchanges, if any.
THE PEOPLE OF THE STATE OF NEW YORK
Access to the Property by other brokerage firms may be by:
Lock Box
TO
Other instructions:
b.
Broker
GREETINGS: shall seek assistance from, and Brokerage Firm offers compensation to, the
following brokers outside of Brokerage Firm:
WE COMMAND YOU, that of the grossand excuses being laid aside, you and each of you attend before
Buyer Agents: ____ % all business sales price in U.S. dollars.
,
the Honorable
at gross
Court
Transaction-Brokers: ____ % of the the sales price in U.S. dollars.
located at
County of
in room
, OF PAYMENTS. In the event of , at
on the
day of
, 20
o'clock in the
noon, and at any
16.
FORFEITURE
a forfeiture of payments made by a buyer,recessed
or adjourned date, to testify and give evidence as a witness inand Seller,on the part thereof to Brokerage
this action one-half of the
the sums received shall be divided between Brokerage Firm
Firm but not to exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller.
Any forfeiture of payment under this section shall not reduce any Brokerage Firm compensation under §
13.
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
17. result of your SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing,
COST OF failure to comply.
Brokerage Firm shall bear all expenses incurred by Brokerage Firm, if any, to market the Property and
to compensate cooperating brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or
Witness, Honorable
, one of the Justices of the
order any other products or services unless of
Seller agrees ,in writing to pay for them promptly when due
Court in
County,
day
20
(examples: surveys, radon tests, soil tests, title reports, engineering studies). Unless otherwise agreed,
neither Broker nor Brokerage Firm shall be obligated to advance funds for the benefit of Seller in order
to complete a closing. Seller shall reimburse Brokerage Firm for payments made by Brokerage Firm for
(Attorney must sign above and type name below)
such products or services authorized by Seller.
18.
MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm shall be
Attorney(s) for
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.
19.
OTHER SELLERS. Seller acknowledges that, under Colorado law, Brokerage Firm may have
agreements with other sellers to market and sell their properties. Office and P.O. Address
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 8 of 10
E-Mail Address:
Mobile Tel. No.:
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COURT
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20.
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
-against21.
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.
:
22.
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
23.
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
24.
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
25.
26.
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 § 22 and
Witness, Delivery.
, one of the Justices of the
exceptCourt in
as provided in § 26b 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
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 9 of 10
E-Mail Address:
Mobile Tel. No.:
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COURT
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Index No.
27.
MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of
:
Calendar No.
the terms of this Listing Contract shall be valid, binding upon the parties, or enforceable unless made in
writing and signed by the parties.
:
JUDICIAL SUBPOENA
Plaintiff(s)
28.
COUNTERPARTS. If-against- one person is named as :a Seller herein, this Listing Contract
more than
may be executed by each Seller, separately, and when so executed, such copies taken together with one
:
executed by Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract
between the parties.
:
29.
ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties,
Defendant(s)
:
. . prior.agreements,.whether . . . . or .written,.have .been. merged and integrated into this contract.
and any . . . . . . . . . . . . . . . . . . . . . oral . . . . . . . . . . . . . . . . . . . . .
30.
COPY OF CONTRACT. Seller acknowledges receipt of a copy of this contract signed by
Broker, including all attachments.
THE PEOPLE OF THE STATE OF NEW YORK
TO
Brokerage Firm authorizes Broker to execute this Listing Contract on behalf of Brokerage Firm.
Date: GREETINGS:
Date:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
Court
Seller
Seller at the
located at
County of
Address:
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Phone No.:
Fax No.:
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Email Address:
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Date: the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
Broker
result of your failure to comply.
Broker's Name:
Address:
Witness, Honorable
, one of the Justices of the
Phone Court in
No.:
Fax No.: , 20
County,
day of
Email Address:
Brokerage Firm's Name:
Address:
Phone No.:
Email Address:
(Attorney must sign above and type name below)
Fax No.:
Attorney(s) for
Office and P.O. Address
Telephone No.:
No. LC12-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (VacantFacsimile No.:
Land—Farm--Ranch) (Seller Agency)
Page 10 of 10
E-Mail Address:
Mobile Tel. No.:
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