EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (Designated Agency)


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EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (Designated Agency)

1 BROKER (listing company): ____________________________L_e_a__s_i_n_g__A_n_g_e_l_s_,_I__n_c____________________________
2 ADDRESS OF COMPANY: _5_3_08__C_o_t_t_o_n_wo_o_d__R_d__S_te_#_2_,_M_p_h_s_,T_N__3_8_1_1_8__________________________________________ 3 OWNER/SELLER (“Seller” or “Client”): ________________________________________________________________
4 ADDRESS OF OWNER/SELLER: ______________________________________________________________________
5 In consideration of Broker’s Agreement to find a ready, willing, and able Buyer and other valuable consideration, the receipt 6 and sufficiency of which is hereby acknowledged, the undersigned Seller hereby grants Broker the Exclusive Right to Sell 7 the hereinafter described Property in accordance with the following terms and conditions:

8 1. PROPERTY ADDRESS/LEGAL DESCRIPTION:

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________________________________________________________________________________________ (Address)

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_________________________________________________ (City), Tennessee, _______________ (Zip), as recorded in

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________________________________________ County Register of Deeds Office, _________ deed book(s), ________

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pages(s), _________________ and/or instrument no. and further described as:

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________________________________________________________________________________________________

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together with all fixtures, landscaping, improvements, and appurtenances, all being hereinafter collectively referred to as

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the “Property”.

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A. Included as part of the Property (if present): all attached light fixtures and bulbs including ceiling fans; permanently

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attached plate-glass mirrors; heating, cooling, and plumbing fixtures and equipment; all doors, storm doors and

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windows; all window treatments (e.g. shutters, blinds, shades, curtains, draperies) and hardware; all wall-to-wall

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carpet; range; all built-in kitchen appliances; all bathroom fixtures and bathroom mirrors; all gas logs, fireplace

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doors and attached screens; all security system components and controls; garage door opener and all (at least ___)

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remote controls; an entry key; swimming pool and its equipment; awnings; permanently installed outdoor cooking

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grills; all landscaping and all outdoor lighting; mailbox(es); attached basketball goals and backboards; TV mounting

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brackets (but excluding flat screen TVs); antennae and satellite dishes (excluding components); and central vacuum

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systems and attachments.

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B. Other items that remain with the Property at no additional cost to Buyer:

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_____________________________________________________________________________________________

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_____________________________________________________________________________________________

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C. Items that will NOT remain with the Property:

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_____________________________________________________________________________________________

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_____________________________________________________________________________________________

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D. Leased Items: Leased items that remain with the Property are (e.g. security systems, water softener systems, etc.):

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_____________________________________________________________________________________________

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_____________________________________________________________________________________________

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If leases are not assumable, it will be Seller’s responsibility to pay balance.

35 2. THE LISTING PRICE: $______________ (____________________________________________________Dollars)

36 3. TERM: LISTING DATE: ____________________ LISTING EXPIRATION DATE: _______________________

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If a contract to purchase, exchange, or lease is signed before this Agreement expires, the term hereof shall continue until

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final disposition of Purchase and Sales Agreement, exchange agreement, or lease agreement.

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Carry-Over Clause. Should the Seller contract to sell or exchange, or contract to lease the Property within ________

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days after the expiration of this Agreement to any Buyer/Tenant (or anyone acting on Buyer’s/Tenant’s behalf) who has

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been introduced to the Property, directly or indirectly, during the term hereof, as extended, the Seller agrees to pay the

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compensation as set forth below. This includes but is not limited to any introduction or exposure to Property by

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advertisements or postings appearing in any medium which originated as a result of listing the Property with Broker.

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

Copyright 2015 © Tennessee Realtors® RF101 – Exclusive Right to Sell Listing Agreement (Designated Agency), Page 1 of 7

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This carry-over clause shall not apply if the Property is listed with another licensed real estate broker at the time of such

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contract.

46 4. POSSESSION OF PROPERTY to be delivered: _______________________________________________________

47 5. TERMS of sale acceptable to Seller (such as FHA, VA, Conventional, etc.):

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_________________________________________________________________________________________________

49 6. COMPENSATION:

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A total of $________________________________, or ________% compensation based on the total sales price which

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shall be paid by Seller to Broker in readily available funds on the date of closing of Property as evidenced by delivery of

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warranty deed and payment of purchase price which includes, but is not limited to, payment of purchase price in full,

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execution of a 1031 exchange, execution of a deed of trust, or execution of a promissory note (the “Closing”). In any

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exchange of the Property, Seller consents to Broker receiving compensation from both parties based upon the value of

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both properties.

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In the event that the Property is leased under the terms of this Agreement, Seller agrees to pay a total of

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$______________________________________ , or __________% compensation based upon the monthly rental amount

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which shall be paid by Seller to Broker in readily available funds within five business days of rent being due under the

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terms of said lease. Said compensation shall be paid by Seller to Broker and shall continue for the duration of the lease

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agreement with compensation being paid to Broker within five business days of rent being due under the terms of the

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lease. This obligation to pay said compensation shall survive the natural termination of this Agreement. In the event that

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the Property is sold during the term of any lease agreement reached under this Agreement or any carry-over period

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described herein, Seller agrees to pay Broker at the time of Closing any remaining compensation based upon future

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rental payments and/or any compensation that may be due under the terms of this Listing Agreement.

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In the event a Buyer is found for said Property during the period above set out, on the terms and at the price specified

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herein, or for a price and upon terms agreeable to Seller, Seller further agrees to convey said Property by warranty deed

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to such Buyer, free from all assessments, liens and encumbrances, but subject to all restrictions of record, if any. The

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compensation payable for the sale of Property is not set in any manner other than between Broker and Seller. Property is

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offered without regard to race, color, religion, sex, handicap, familial status or national origin. A request from Seller to

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observe discriminatory requirements in the sale or lease of the Property will not be granted since it is a violation of the

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law.

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In the event that a ready, willing, and able Buyer (or Tenant) is produced and a contract results, the Seller is obligated to

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compensate Broker in the event that Seller unlawfully fails to close or to fulfill lease terms by Seller’s breach of the

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Purchase and Sale Agreement or lease agreement. In the event this occurs, Seller agrees to compensate Broker in an

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amount equal to the compensation which would have been due and owing Broker had the transaction closed or the lease

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been fulfilled. Such compensation will be payable without demand. Should the Broker consent to release the Listing

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prior to the expiration of the term of this Agreement or any extensions, Seller agrees to pay all costs incurred by Broker

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to market Property or other amount as agreed to by the parties as a cancellation fee, in addition to any other sums that

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may be due to Broker. Seller agrees to pay all reasonable attorney’s fees together with any court costs and expenses

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which real estate firm incurs in enforcing any of Seller’s obligations to pay compensation under this Listing Agreement.

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The parties hereby agree that all remedies are fair and equitable and neither party will assert the lack of mutuality of

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remedies as a defense in the event of a dispute.

83 7. RESPONSIBILITIES AND RIGHTS OF THE PARTIES.

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Broker is hereby granted the authority to advertise this listing on the Internet. Broker is additionally permitted to file this

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listing with any Multiple Listing Service (MLS) or similar service(s) of which Broker is a member. Seller understands

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and agrees that by placing the listing on the MLS or these similar services, the listing may be included in a searchable

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database provided by the MLS or similar service which can be viewed on other agents’ websites. Seller also agrees that

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the listing may also appear on publicly accessible websites sponsored by and/or affiliated with the MLS, the local

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association of Realtors®, or similar listing services and those who lawfully receive listing information from said entities.

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Broker shall provide timely notice to MLS of status changes, shall use best efforts to produce a Buyer, and may divide

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compensation with other real estate licensees for cooperation in connection with the sale or lease of the Property. Broker

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shall offer a cooperative compensation to any agent who is a member participant of any MLS(es) in which Property is

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listed in the amount of ________% of Selling Price/monthly rental amount or $_______________________________ to

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a Selling Agent or Facilitator (an agent who is representing the interests of and/or is working with the Buyer/Tenant)

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who is the procuring cause of the transaction. Broker may offer a cooperative compensation to an agent who is not a

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member participant of the MLS(es) in which the Property is listed. In the event that Broker elects to offer a cooperating

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compensation to an agent who is not a member participant in the MLS(es) in which the Property is listed, it will be in the

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amount of _______% of Selling Price/monthly rental amount or $_____________________ to a Selling Agent or

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

Copyright 2015 © Tennessee Realtors® RF101 – Exclusive Right to Sell Listing Agreement (Designated Agency), Page 2 of 7

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Facilitator (an agent who is representing the interests of and/or is working with the Buyer/Tenant) who is the procuring

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cause of the transaction. In this event, Broker shall notify Seller in writing that a cooperative compensation is being

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offered to that nonmember participant agent. Seller will assist Broker in any reasonable way in selling Property and will

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refer to Broker all inquiries regarding this Property during the term of the Agreement, and any extensions or renewals

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thereof, and authorizes Broker to provide final sales information to the MLS for the purpose of compiling comparable

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sales data reports.

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Broker is authorized to place a real estate sign and lock box on the Property and to remove all other real estate signs; to

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disseminate the Tennessee Residential Property Condition Disclosure, Disclaimer or Exemption form and the Multiple

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Listing Profile Sheet as well as the Lead-Based Paint Disclosure form and the Additional Required Residential

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Disclosures form (RF 205) (if either is required by law and if such information is not otherwise disseminated); to exhibit

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said Property to any prospective Buyer; and to have interior/exterior photographs/videos taken, and/or audio recorded for

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the creation of any advertising materials of said Property to be used and distributed in promoting the sale and to use same

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to advertise the Property on the Internet or other broadcast media; and to do such advertising as Broker deems

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appropriate. In the event that Seller provides photographs, videos or other copyrightable materials to Broker, Seller

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grants Brokers a nonrevocable license to such material and the authority to grant license to Broker’s MLS for storage;

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reproduction, compiling and distribution of said material. Seller shall allow the Property to be shown at all reasonable

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hours and otherwise cooperate with Broker.

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Seller agrees that Broker is authorized to receive on behalf of Seller all notices, offers, and other documents incidental to

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the offering and sale of the Property which is covered by this Agreement. Seller agrees that such receipt by Broker may

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be deemed to be receipt by Seller if such documents so provide or if the law so requires. Seller agrees to keep Broker

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informed of Seller’s whereabouts in order for Broker to promptly forward all such notices, offers and other information

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to Seller.

121 8. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (“FIRPTA”) DISCLOSURE.

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Seller is hereby notified to consult with his/her own closing attorney and tax professional concerning the applicability

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of the Foreign Investment in Real Property Tax Act (“FIRPTA”) which may require tax withholding to be collected

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from Seller at the Closing of any sale of the Property. Examples of this may include if Seller can be classified as one

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of the following:

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Non United States citizen;

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Non resident alien; or

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Foreign corporation, partnership, trust, or estate

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It is Seller’s Responsibility to seek independent tax advice prior to any Closing Date regarding such tax matters.

130 9. HOLD HARMLESS AND LIMITATIONS ON BROKER’S AUTHORITY AND RESPONSIBILITY.

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Seller agrees to carefully review the information on the Multiple Listing Profile Sheet and to complete either the

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Tennessee Residential Property Condition Disclosure, Disclaimer, or Exemption form and to sign said documents.

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Seller also agrees to complete the Lead-Based Paint Disclosure and the Additional Required Residential Disclosures

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form (RF 205) if required by law and said information has not otherwise been disclosed in writing. Seller has not

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advised Broker and/or his affiliated Licensees (hereinafter “Agents”) of any defects in the Property or the improvements

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located thereon, except as shall be noted on the Multiple Listing Profile Sheet and the Tennessee Residential Property

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Condition Disclosure, Disclaimer, or Exemption form signed by the Seller. Seller is not aware of any other defect or

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environmental factor which would affect the value of or structural integrity of improvements on the Property or the

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health of future occupants. Seller agrees that Seller shall be solely responsible for any misrepresentations or mistakes on

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the listing data wherein Seller has supplied such information on the attached Multiple Listing Profile Sheet, Tennessee

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Residential Property Condition Disclosure, Disclaimer, or Exemption form; the Lead-Based Paint Disclosure (if required

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by law); and/or the Additional Required Residential Disclosures form (RF 205) (if required by law). Seller further

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agrees to hold Agents and firm harmless and indemnify them from any claim, demand, action, liability or proceedings

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resulting from any omission, alleged omission or misrepresentation by Seller on said forms and/or for any material fact

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that is known or should be known by Seller concerning the Property and that is not disclosed to Agents and to provide

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for defense costs including reasonable attorney’s fee for Agents and firm in such an event. Seller is not aware of any

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other defect, environmental factors or adverse facts (as defined in Tenn. Code Ann § 62-13-102) concerning the

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Property.

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Seller authorizes Broker and/or his affiliated Licensees to conduct showings or “Open Houses” of the Property. Seller

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additionally authorizes Broker and/or his affiliated Licensees and any duly authorized key holder key entry access to the

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Property. Seller also authorizes Broker and/or his affiliated Licensees to place a lock box on said Property for the

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purpose of conducting or allowing cooperating brokers to conduct key-entry showings of this Property. Seller represents

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

Copyright 2015 © Tennessee Realtors® RF101 – Exclusive Right to Sell Listing Agreement (Designated Agency), Page 3 of 7

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that adequate insurance will be kept in force to protect Seller in the event of any damage, losses or claims arising from

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entry to Property by persons through the above use of the key and agrees to hold Broker, its licensees, salespersons and

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employees harmless from any loss, theft, or damage incurred as a result of showings, Open Houses or other authorized

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entry thereof.

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Seller acknowledges and agrees that Broker:

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A. May show other properties to prospective buyers who are interested in Seller’s Property;

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B. Is not an expert with regard to matters that could be revealed through a survey, title search, or inspection; for the

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condition of the Property, any portion thereof, or any item therein; for any geological issues present on the

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Property; for the necessity or cost of any repairs to Property; hazardous or toxic materials; square footage;

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acreage; the availability and cost of utilities, septic, or community amenities; conditions existing off the

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Property that may affect the Property; uses and zoning of Property, whether permitted or proposed; for

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applicable boundaries of school districts or other school information; proposed or pending condemnation

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actions involving the Property; the appraised or future value of the Property; termites and wood destroying

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organisms; building products and construction techniques; the tax or legal consequences of a contemplated

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transaction; or matters relating to financing, etc. Seller acknowledges that Broker is not an expert with respect

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to the above matters and is hereby advised to seek independent expert advice on any of these matters which are

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of concern to Seller;

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C. Shall owe no duties to Seller nor have any authority to act on behalf of Seller other than what is set forth in this

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Agreement and the duties contained in the Tennessee Real Estate License Act of 1973, as amended, and the

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Tennessee Real Estate Commission Rules; and

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D. May make all disclosures required by law and/or the National Association of Realtors® Code of Ethics.

174 10. EXPERT ASSISTANCE

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While Broker has considerable general knowledge of the real estate industry and real estate practices, Broker is not an

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expert in the matters of law, square footage, acreage, home inspections, geological issues, wood destroying organisms,

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taxation, financing, surveying, structural conditions, hazardous materials, engineering, etc. Client acknowledges

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Broker’s advice to seek professional assistance and advice as needed in these and other areas of professional expertise.

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If Broker provides names or sources for such advice or assistance, Broker does not warrant or guarantee the services

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and/or products obtained by Client.

181 11. AGENCY

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A. Definitions.

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1. Broker. In this Agreement, the term “Broker” shall mean a licensed Tennessee real estate broker or brokerage

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firm and where the context would indicate, the Broker’s affiliated licensees.

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2. Designated Agent for the Seller. The individual licensee that has been assigned by his/her Managing Broker

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and is working as an agent for the Seller or Property Owner in this consumer’s prospective transaction, to the

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exclusion of all other licensees in his/her company. Even if someone else in the licensee’s company represents

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a possible Buyer for this Seller’s Property, the Designated Agent for the Seller will continue to work as an

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advocate for the best interests of the Seller or Property Owner. An agency relationship of this type cannot, by

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law, be established without a written agency agreement.

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3. Facilitator/Transaction Broker (not an agent for either party). The licensee is not working as an agent for

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either party in this consumer’s prospective transaction. A Facilitator may advise either or both of the parties to

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a transaction but cannot be considered a representative or advocate of either party. “Transaction Broker” may

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be used synonymously with, or in lieu of, “Facilitator” as used in any disclosures, forms or agreements. [By

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law, any Licensee or company who has not entered into a written agency agreement with either party in the

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transaction is considered a Facilitator or Transaction Broker until such time as an agency agreement is

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established.]

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4. Dual agency. The licensee has agreements to provide services as an agent to more than one (1) party in a

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specific transaction and in which the interests of such parties are adverse. This agency status may only be

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employed upon full disclosure to each party and with each party’s informed consent.

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5. Adverse Facts. “Adverse Facts” means conditions or occurrences generally recognized by competent licensees

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that have a negative impact on the value of the real estate, significantly reduce the structural integrity of

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improvements to real property or present a significant health risk to occupants of the property.

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6. Confidentiality. By law, every licensee is obligated to protect some information as confidential. This includes

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any information revealed by a consumer which may be helpful to the other party IF it was revealed by the

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

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consumer BEFORE the licensee disclosed any agency relationship with that other party. AFTER the licensee

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discloses that he/she has an agency relationship with another party, any such information which the consumer

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THEN reveals must be passed on by the licensee to that other party.

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B. Duties owed to all Parties to a Transaction.

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Pursuant to the Tennessee Real Estate Broker License Act, every Real Estate Licensee owes the following

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duties to every Buyer and Seller, Tenant and Landlord (collectively “Buyers” and “Sellers”) unless otherwise

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provided by law:

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1. To diligently exercise reasonable skill and care in providing services to all parties to the transaction.

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2. To disclose to each party to the transaction any Adverse Facts of which licensee has actual notice or knowledge.

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3. To maintain for each party in a transaction the confidentiality of any information obtained by a licensee prior to

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disclosure to all parties of a written agency agreement entered into by the licensee to represent either or both

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parties in the transaction. This duty of confidentiality extends to any information which the party would

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reasonably expect to be held in confidence, except for information which the party has authorized for disclosure

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or information required by law to be disclosed. This duty survives both the subsequent establishment of an

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agency relationship and the closing of the transaction.

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4. To provide services to each party to the transaction with honesty and good faith.

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5. To disclose to each party to the transaction timely and accurate information regarding market conditions that

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might affect such transaction only when such information is available through public records and when such

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information is requested by a party.

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6. To timely account for earnest money deposits and all other property received from any party to a transaction

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and

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7. A. To refrain from engaging in self-dealing or acting on behalf of licensee’s immediate family, or on behalf of

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any other individual, organization or business entity in which licensee has a personal interest without prior

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disclosure of such personal interest and the timely written consent of all parties to the transaction, and

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B. To refrain from recommending to any party to the transaction the use of services of another individual,

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organization or business entity in which the licensee has an interest or from whom the licensee may receive

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a referral fee or other compensation for the referral, other than referrals to other licensees to provide real

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estate services, without timely disclosure to the party who receives the referral, the licensee’s interest in

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such referral or the fact that a referral fee may be received.

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C. Duties owed to Client.

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In addition to the above, the licensee has the following duties to his/her Client if the licensee has become an

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Agent or Designated Agent in a transaction, pursuant to the Tennessee Real Estate Broker License Act:

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1. Obey all lawful instructions of the client when such instructions are within the scope of the agency agreement

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between the licensee and licensee’s client;

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2. Be loyal to the interests of the client. Licensee must place the interests of the client before all others in

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negotiation of a transaction and in other activities, except where such loyalty/duty would violate licensee’s

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duties to a customer in the transaction; and

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3. Unless the following duties are specifically and individually waived in writing by a client, licensee shall assist

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the client by:

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A. Scheduling all Property showings on behalf of the client;

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B. Receiving all offers and counter offers and forwarding them promptly to the client;

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C. Answering any questions that the client may have in negotiation of a successful purchase agreement

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within the scope of the licensee’s expertise; and

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D. Advising the client as to whatever forms, procedures and steps are needed after execution of the

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purchase agreement for a successful closing of the transaction.

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Upon waiver of any of the duties contained in paragraph 11.C.3., a consumer must be advised in writing by

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such consumer’s agent that the consumer may not expect or seek assistance from any other licensees in the

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transaction for the performance of said duties.

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D. Seller’s Authorizations.

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1. Appointment of Designated Agent. Seller hereby authorizes Managing Broker to appoint the Listing Licensee

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as Designated Agent for the Seller, to the exclusion of any other licensees associated with Broker. A

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

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Designated Agent for the Seller can and will continue to advocate Seller’s interests in a transaction even if a

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Designated Agent for the Buyer (other than the licensee below) is also associated with Broker. The Managing

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Broker hereby appoints ______________________________________________________________________

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to be the Designated Agent to the Seller in this transaction.

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2. Appointment of Subsequent Designated Agent. Seller hereby authorizes the Managing Broker, if necessary,

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to appoint a licensee, other than the licensee named above, as Designated Agent for the Seller, to the exclusion

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of any other licensees associated with Broker. This shall be accomplished through an amendment to this

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Agreement, if necessary.

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3. Default to Facilitator in the event both parties are represented by the same Designated Agent. The

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Designated Agent shall default to Facilitator status for all showings or transactions involving the same

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Designated Agent for both the Seller and a prospective buyer, immediately notifying (verbally) the Buyer and

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the Seller of the need to default to this Facilitator status to be confirmed in writing prior to the execution of the

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contract. Upon any default to Facilitator status, the former Designated Agent must assume a neutral position

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and will not be an advocate for either the Seller or any prospective buyers.

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4. Resumption of Agency Status. In the event that the Designated Agent defaults to a Facilitator status, this

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Facilitator status will only be temporary. The Facilitator status will only last until any transaction or

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contemplated transaction in which the parties are all assisted by the same Facilitator is resolved (either because

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the transaction is closed or the transaction or contemplated transaction between these parties is terminated or not

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accepted and no further negotiations occur between the parties). At that time, the agent will immediately revert

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to Designated Agency status for the Seller again.

277 12. EARNEST MONEY/TRUST MONEY. Broker is authorized to accept from Buyer a deposit as earnest money/trust

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money to be applied to the purchase price for the Property. Such deposit is to be held by Broker in an escrow or trustee

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account or forwarded to party authorized to hold said funds as set forth in an executed contract for the purchase, lease,

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exchange, or option agreement until disbursed in accordance with the terms of said agreement.

281 13. TITLE. Seller warrants he is vested with good marketable title to the Property with full authority to execute this

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Agreement and to sell the Property. Seller shall convey the Property by a good and sufficient general warranty deed.

283 14. HOME PROTECTION PLAN.

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□ Seller agrees to provide a limited Home Protection Plan at a cost of $___________________ to be funded at closing.

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Plan company: ____________________________________________________________________________________

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OR

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□ Home Protection waived.

288 15. OTHER PROVISIONS.

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A. Binding Effect, Entire Agreement, Modification, and Assignment. This Agreement shall be for the benefit of,

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and be binding upon, the parties hereto, their heirs, successors, legal representatives and permitted assigns. This

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Agreement may only be assigned with the written consent of both parties. This Agreement constitutes the sole and

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entire agreement between the parties hereto and no modification of this Agreement shall be binding unless signed by

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all parties or assigns to this Agreement. No representation, promise, or inducement not included in this Agreement

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shall be binding upon any party hereto. Any assignee shall fulfill all the terms and conditions of this Agreement.

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B. Governing Law and Venue. This Agreement is intended as a contract for the sale of real property and shall be

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governed by and interpreted in accordance with the laws and in the courts of the State of Tennessee.

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C. Terminology. As the context may require in this Agreement: (1) the singular shall mean the plural and vice versa;

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(2) all pronouns shall mean and include the person, entity, firm or corporation to which they relate; (3) the masculine

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shall mean the feminine and vice versa; and (4) the term day(s) used throughout this Agreement shall be deemed to

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be calendar day(s) ending at 11:59 p.m. local time unless otherwise specified in this Agreement. Local time shall be

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determined by the location of Property.

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D. Severability. If any portion or provision of this Agreement is held or adjudicated to be invalid or unenforceable for

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any reason, each such portion or provision shall be severed from the remaining portions or provisions of this

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Agreement, and the remaining portions or provisions shall be unaffected and remain in full force and effect.

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E. Fair Housing. Broker and his affiliated Licensees shall provide services without regard to race, color, religion, sex,

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handicap, familial status, national origin, sexual orientation or gender identity. A request to observe discriminatory

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practices in the sale, lease, exchange, or option of property will not be granted.

308 16. LEGAL DOCUMENTS. THIS IS AN IMPORTANT LEGAL DOCUMENT CREATING VALUABLE RIGHTS

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AND OBLIGATIONS. IF YOU HAVE QUESTIONS ABOUT IT, YOU SHOULD REVIEW IT WITH YOUR

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ATTORNEY. NEITHER THE BROKER NOR ANY AGENT OR FACILITATOR IS AUTHORIZED OR

Malcolm Wilson This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user.
Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

Copyright 2015 © Tennessee Realtors® RF101 – Exclusive Right to Sell Listing Agreement (Designated Agency), Page 6 of 7

Version 01/01/2017

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QUALIFIED TO GIVE YOU ANY ADVICE ABOUT THE ADVISABILITY OR LEGAL EFFECT OF ITS

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PROVISIONS. BY SIGNING THIS DOCUMENT, YOU ARE CERTIFYING THAT YOU HAVE READ AND

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ACCEPT THESE TERMS AND ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT.

314 17. CONFIDENTIALITY. Information which Seller authorizes Broker and his affiliated Licensees to disclose which 315 might otherwise be confidential: 316 317 318 319 320

321 18. EXHIBITS AND ADDENDA. All exhibits and/or addenda attached hereto, listed below, or referenced herein are

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made a part of this Agreement.

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327 19. SPECIAL STIPULATIONS. The following Special Stipulations, if conflicting with any preceding paragraph, shall

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control:

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338 NOTE: Any provisions of this Agreement which are preceded by a “□” must be marked if a part of this Agreement.

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The party(ies) below have signed and acknowledge receipt of a copy.

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_____________________________________________

_____________L_e_a_s__i_n_g__A_n_g_e_l_s_,_I__n_c_____________

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BY: Broker or Licensee Authorized by Broker

BROKER/FIRM

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_______________ at __________ o’clock □ am/ □ pm

_5_30_8__C_o_t_t_o_nw_o_o_d__R_d__St_e_#_2_,_M_p_h_s,_T_N__3_8_1_1_8___________

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Date

Address

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_____________________________________________

Phone: _(_9__0_1_)_7_9_4_-_4_7_0_2__ Fax: _(_9_0__1_)__5_9_0_-_0_4_1_3__

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Print/Type Name

Email: ______________________________________

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The party(ies) below have signed and acknowledge receipt of a copy.

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_____________________________________________

_____________________________________________

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SELLER/OWNER

SELLER/OWNER

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_____________________________________________

_____________________________________________

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Print/Type Name

Print/Type Name

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_________________ at __________ o’clock □ am/ □ pm _________________ at __________ o’clock □ am/ □ pm

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Date

Date

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_____________________________________________

_____________________________________________

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Address

Address

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Phone:________________ (H)_______________ (Cell)

Phone: _______________(H) ______________ (Cell)

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____________ (W) Email: ____________________

_______________ (W) Email: ___________________

NOTE: This form is provided by TAR to its members for their use in real estate transactions and is to be used as is. By downloading and/or using this form, you agree and covenant not to alter, amend, or edit said form or its contents except as where provided in the blank fields, and agree and acknowledge that any such alteration, amendment or edit of said form is done at your own risk. Use of the TAR logo in conjunction with any form other than standardized forms created by TAR is strictly prohibited. This form is subject to periodic revision and it is the responsibility of the member to use the most recent
Malcolm Wilson available form.
This form is copyrighted and may only be used in real estate transactions in which ___________________________________________ is involved as a TAR authorized user. Unauthorized use of the form may result in legal sanctions being brought against the user and should be reported to the Tennessee Association of Realtors® at (615) 321-1477.

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EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (Designated Agency)