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Updated almost 14 years ago,

Account Closed
  • Tucson, AZ
45
Votes |
945
Posts

flat fee contract questions

Account Closed
  • Tucson, AZ
Posted

I'm studying a contract now. It's somewhat similar to a standard listing contract, but there are a few items I have questions about, and would like input on.

96 Seller may be responsible for the actions of Listing Broker. How can I possibly be responsible for the LB actions? need to eliminate that.

In any event, Seller agrees to immediately remove, or have removed, all "For Sale" signs not belonging to Listing Broker... Seller agrees not to advertise or market the Premises in any manner without the prior written permission of Listing Broker.
Property is now listed at a by owner site, and on craigslist, and I plan to do more internet sites, as well as flyers, mailings, and bandit signs.
If I pay another $200 I can have his yard sign and a few other goodies, none that I really want. If he refuses to eliminate that, since the address will be on the mls, is a yard sign really needed? Though a sign shows the property as for sale, people would also see it is vacant.
I COULD do the flyers next week THEN sign with him.

150-151 INDEMNIFICATION: As a material condition of this Agreement, Seller agrees that the Tucson Association of REALTORS® ("TAR") and MLS are third-party beneficiaries of this Agreement for the purpose of indemnification. What does this mean?

He wants a SPDS, but state law does not require one if the buyer agrees. I have no problem with doing one, just don't want to if not needed.
Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.

In the event that mediation does not resolve all disputes or 237. claims, the unresolved issues shall be submitted for arbitration pursuant to the Uniform Rules of Procedure for 238. Arbitration.
I’ve been advised to never use arbitration, and I want to scratch that one.

Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.

In the event that mediation does not resolve all disputes or 237. claims, the unresolved issues shall be submitted for arbitration pursuant to the Uniform Rules of Procedure for 238. Arbitration.
I’ve been advised to never use arbitration, and I want to scratch that one.

Do you see problems with any of these or not?
Thanks,
ofgift

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