Seller’s MLS Service Agreement

Living Connecticut
Seller’s Multiple Listing Service Agreement
& MLS Listing Contract (Exclusive Agency Agreement)

Included in your Seller’s MLS Service Agreement:

With this service, you’ll have two listings… a For Sale By Owner (FSBO) listing and a listing on the Realtor®’s statewide MLS (Smart MLS). Once your listing is posted on the Realtor®’s MLS your listing will also appear on numerous member agent and broker websites, Realtor.com and other national sites.

FSBO Listing – As an account holder you will create and manage your For Sale By Owner website listing to be posted on this site, filling in all the information about your home/property, adding pictures and contact information in real time. You can then view your listing once you’ve published/posted it on this site by going to “Search Properties/FSBO Property Search”.
1. You may make changes, edit information, and add and remove photos as often as you choose; your listing will be available to you 24 hours a day. If you need help and would prefer that we post the listing for you, you’ll have the option to choose, and we will be happy to create the listing on the site for you.
2. With your FSBO listing, buyers will be able to view your property online, contact you directly, schedule showings, get directions, print out your listing, be able to provide feedback on showings and open houses, and you’ll be able to post/schedule your public open houses on this site. We also offer buyer information to help ready buyers for purchasing a home and sort through expectations.

MLS Listing – Once you sign up for the service, you’ll call us at (203) 601-2555 to schedule an appointment to do a walk-through to gather information for your Realtor® MLS listing and install your electronic key-box. Once your listing is posted we’ll notify you and you can access it from any broker site, Realtor.com, and on this site under Search Properties/Advanced MLS Search.
1. If you want to make changes to your listing you can go to your Dashboard and fill out and email the form to us to make changes to your MLS listing.
2. If you want a public open house posted on the Realtor®’s MLS, go your Dashboard and fill out the form and email it to us to post your public open house on the Realtor®’s to MLS.
3. In the remarks on the listing your name and phone number be posted for agents to contact you directly to schedule a showing.
4. With your home listed on the Realtor®’s MLS, the commission you agree to pay will be posted on your Realtor® MLS listing so that brokers their agents will know they are protected and will be paid should their buyer purchase your home.

Once you’ve signed up for the service and your payment confirmed a professional “For Sale By Owner” sign will be on loan to you and posted on your property within 4 business days with your phone number added to the sign. There are exceptions where there can be a delay, for example, if there is an incorrect address, bad weather, or other circumstances, but that’s the exception.

You’ll receive one “Open House” sign, yours to keep;

A “House for Sale” directional sign, yours to keep;

A Brochure Box for public access to your listing, yours to keep; and

An electronic key-box on loan to you.

Made available to account holders are real estate documents and forms typically used in a real estate transaction, such as a property disclosure, lead paint disclosure, and an offer to purchase.

As an account holder, all of your real estate tools and services will be available to you through your Dashboard. Once you sign up for the service you’ll create a login and password giving you access to your Dashboard. Each time you log in you’ll be taken to your Dashboard and can access it in the upper right-hand corner of the page once you’ve logged in.

Terms of Exclusive Agency Right to Sell Agreement:

In order for your home/property to be listed on the Realtor®’s MLS (Smart MLS), Connecticut law requires you be represented (Exclusive Agency Right to Sell) and a copy of the listing contract be submitted to the service in order for your listing to be posted on and participate in the Realtor®’s MLS (Smart MLS).
1. With an “Exclusive Agency Right to Sell” it allows you to sell your property on your own directly to a buyer without paying a commission and still be on the MLS. If however, a Broker and its agent introduce your home/property to their buyer who end up purchasing your home/property, you agree to pay the commission, you choose, noted below.
2. As a result, Living Connecticut is the listing broker and responsible for reporting all updates and information to the MLS including commissions, change of status (i.e., accepted offer, price change, etc.) and that representations are true, up to date and complete.No unlawful content, inaccuracies, or misrepresentation are permitted.

Fees/Compensation/Commission:

With this service you will pay a flat fee plus offer a buyer’s agent commission of 2%, 2.5% or 3% on the Realtors® MLS.

The flat fee cost of the service is $350.00 and is for a six-month consecutive term. You may add an additional six-month consecutive term for $100 at anytime while your account is still active. The additional six-month term will begin at the end of the first six-month term. This fee is paid at the time you sign up for the service is non-refundable.

You, Seller(s), agree to pay “the Commission” specified below, be it 2%, 2.5% or 3% if a broker or it’s agents produce a ready, willing and able Buyer to purchase “the Property” at the list price and terms stated or any other price or terms acceptable to you the Seller(s) if a sale of ‘the Property” is made to any buyer as a result of the Broker introducing the Buyer to ‘the Property” during the term of this Exclusive Agency Agreement or during its Protection Period.
1. “The Commission” shall be payable when the title passes at closing.
2. Living Connecticut will bill the Seller’s attorney for Commission due at closing unless you sold the property directly to the Buyer, in which case no bill will be required.
3. Protection Period: You, the Seller(s), agree to pay the commission to the Broker should a sale be made to any party the Broker introduced to “the Property” to during the time of this Exclusive Agency Agreement and/or 14 days following the term of this agreement. The Protection Period will not apply if the Seller(s) executes a valid exclusive listing with any other real estate broker.
If you sell your home directly to a buyer you will have only paid the flat fee, no commission would be due. You are not obligated to pay a commission unless a Broker has introduced the Buyer to “the Property”. “The Commission” will be based on the sale or purchase price without any reference to any credits, pro-rations, or conveyance tax.

The law does not fix the amount of real estate broker compensation; it is set by each broker individually and may be negotiated at the time of signing the Exclusive Agency Agreement. The compensation/fee/commission you decide and agree to below is non-negotiable between you and the Buyer’s agent.

Seller(s) Acknowledges and Agrees:

Seller(s) is the legal Owner(s) and/or has full authority to enter into this agreement and all the material and information you submit you own or control the rights to.

You agree to notify Living Connecticut immediately if there are any updates and changes to your listing including:
1. Change to the listing price, taken off the market, or inaccurate or updated information to your listing.
2. Have an accepted offer.

You agree there are no other listings or agreements while this agreement is in effect concerning your home/property including Open Listing or Exclusive Agency Listing Agreement.

You agree to pay any reasonable attorney fees that Living Connecticut may incur to collect any money due under this agreement including but not limited to the commission due to the buyer’s agent.

About the Property:

Living Connecticut is not responsible for any management, maintenance or upkeep of your physical property.

Living Connecticut is not responsible for your showings, open houses, visitors, loss, or damage due to the property being posted on this site or the Realtor®’s MLS.

You agree to indemnify and hold Living Connecticut harmless from any claims, action, damage or cost, including attorney fees that Living Connecticut may incur as a result from incorrect or inaccurate representation, or misrepresentation, or lack of representation contained in the Exclusive Agency Agreement, property data sheets, and disclosure forms where the Seller supplies the information.

If your house was built before 1978, you agree to fill out, complete and update the “Disclosure of Information On Lead-Based Paint and/or Lead-Based Paint Hazards” and make available to potential buyers and a copy forward to Living Connecticut for it’s records. A copy is available on your Dashboard and you’ll also have an opportunity to fill it out at your walk-through.
1. Federal law requires a Seller of a property built before 1978 to disclose the presences of lead-based paint or lead-based paint hazards and to furnish any records, reports, inspections, records or other documents.

You agree to fill out, complete, and update the State of Connecticut “Residential Property Condition Disclosure Report” and make available to potential buyers and a copy forward to Living Connecticut for it’s records. A copy is available on your Dashboard and you’ll also have an opportunity to fill it out at your walk-through.
1. Connecticut General Statutes requires the Seller to provide this disclosure to prospective purchasers prior to the execution of any binder or contract to purchase.

Showings, Keys, and Signs:

Keybox – You’ll have to choice to put an electronic keybox on your property, it’s included in your service. The keybox allows brokers and their agent to show your property at the convenience of buyers. If you opt to have a keybox you’ll need to provide Living Connecticut with a key to the property to be placed in the electronic keybox. The keybox is the property of Living Connecticut and is to be returned at the conclusion of your listing.
1. If the key-box is damaged, beyond normal wear and tear, or not available for pick up at the end of your listing, you agree to pay Living Connecticut $110 for it’s replacement.

Sign – You give Living Connecticut permission install a professional “For Sale” sign on your property, on loan to you, with your phone attached to the sign for agents and buyers to contact you directly. You have the option to opt out and have no sign installed on your property, except where signs aren’t permitted.
1. If the sign is damaged, including vandalism, car damage, beyond normal wear and tear, or not available for pick up at the end of your listing, you agree to pay Living Connecticut $100 for it’s replacement.

Showings – Since your property is listed on the Realtor®’s MLS, you agree to show your property at reasonable times to prospective buyers. Under State Regulations and Code of Ethics cooperation with other brokers to show the property are required.
1. On your listing you’ll have option to note your special showing instructions.

Multiple Listing Service and Internet Display:

All images, virtual tours, written descriptions, remarks, pricing, changes provided by you to the Living Connecticut or created for the listing by Living Connecticut can be distributed, displayed and put on the MLS for publication and use by it’s participants.

You agree to allow other Brokers licensed in Connecticut to display your listing or contents of it on their website or other types of media at the Broker’s option. You also agree and accept as a result of your listing being on the MLS, your listing will appear on other Broker and Agent websites, Realtor.com, and other state and national websites.

You agree that the MLS or Living Connecticut is not responsible for errors or omissions appearing in the MLS.

You agree to notify, in a timely manner and permit Living Connecticut to make status changes and provide sales information including the selling price at the close of the property to the MLS.

We reserve the right to edit, restrict, or remove any information that is deemed inappropriate or offensive at Living Connecticut’s discretion, for any reason, at any time.

Dashboard:

Once you set your account and create a login and passwordthe Dashboard will be where you will be taken each time you sign and have access to all your tools and services; creating your FSBO listing, MLS listing changes, open houses, including those on the MLS, and you’ll have access to a Seller’s Library and resources.
1. The information in the Seller’s Library and Resources are not an endorsement or a guarantee nor are you required to follow the information or use the resources provided.

Cancellation/Termination or reassignment of Listing:

You may cancel this agreement at anytime, in writing, effective upon receipt. The sign company will be notified to remove the sign, the electronic keybox removed, and your listing removed from the FSBO website and MLS.
1. If however, during the time that this agreement is in effect a Buyer’s Broker is responsible for the sale of your property, you agree to pay the agreed upon commission below at closing.

Living Connecticut may cancel this agreement for any reason at anytime given the Seller(s) written notice, effective immediately.

Seller(s) Agree:

By signing below and accepting the terms above, you are giving Living Connecticut permission to list your home/property on the Smart MLS (statewide) Listing Service and Living Connecticut’s website.

Further, you agree that all your statements and information submitted here, on your FSBO web listing, and on the your statewide MLS listing form to be submitted to the Smart MLS are to the best of your knowledge true and correct.

Both the Seller(s) and Living Connecticut agree that electronic records are being used to make and keep this agreement.

If you’d like to proceed and create your Seller’s Multiple Listing Service Account:
… please fill out the form below
… and click “SEND” to go to your payment options and set up your account.

First Owner Information Required fields are marked *

Is the listed Property Address the same?*: If listed Property is different, please fill in address below:

Second Owner Information

Is the listed Property Address the same?: If listed Property is different, please fill in address below:

If a licensed real estate agent and their broker, representing a buyer sells your home and/or property, you agree to pay the selling broker (i.e., buyer’s agent) when title passes at closing a commission based on a sale or purchase price (without any reference to credits, proration or conveyance tax) a commission rate of:

You give Living Connecticut permission to place a professional “For Sale” sign, on loan to you, on your property: You would like an “Open House” sign: You would like a “House for Sale” directional sign: You would like a “Brochure Box” for your listing: You would like an Electronic Keybox, on loan to you, and agree to provide a key to be place in the key box? By checking here I/We agree to the Service Agreement terms outlined above. *

This agreement will take effect on, Today’s Date*
This agreement will remain in effect to and including*

Print Service Agreement

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