This Marketing Agreement is entered on (Effective Date), between Summus Realty (“Consultant”) and (“Owner”) concerning the real property located at Lot , Block , subdivision an addition to the City of , and more commonly known as (“Property”).
1. LIMITED SCOPE
Owner desires to sell the Property and intends to be solely responsible for all aspects of the sale other than those duties specifically enumerated herein as a duty of Consultant. Owner is aware that Consultant is a state-licensed real estate agency and has been advised that Consultant highly recommends full representation of Owner under a standard brokerage relationship with all duties and obligations that arise under such relationship; however, due to the limited needs of Owner, Owner’s representations and warranties contained in this Agreement, and a reduced compensation, Owner has knowingly and voluntarily chosen not to engage Consultant as Owner’s agent in the sale of the Property. Owner knowingly and voluntarily disclaims all duties that would arise under such relationship including, but not limited, to all duties arising under the rules and regulations of the Texas Association of Realtors, the National Association of Realtors, the Texas Real Estate Commission, the Greater El Paso Association of Realtors, and any other association or membership that Consultant may hold at this time or in the future. Owner further disclaims all common-law duties that would arise under an agency relationship including without limitation any fiduciary duty or any theory of negligence, except gross negligence on the part of Consultant. Owner has been advised to seek counsel for explanation and advice on this Agreement and has had the opportunity to do so.
Owner hereby agrees, within the extent permitted by law, to defend at its own cost and to indemnify and hold harmless Consultant, its officers, directors, principals, agents, employees, affiliated and parent companies, from any and all liability, damages, losses, claims, and expenses, resulting directly or indirectly from or connected with the performance of this Agreement, caused by or alleged to have been caused by any party or any of its agents, employees or other affiliates.
3. CONSULTANTS DUTIES AND REPRESENTATIONS
- Provide Owner, at inception of this Agreement and upon further request, but no more than once in any 30-day period, with a comparative market analysis on the
- Provide Owner with fill-in forms of state required disclosure
- Obtain professional photographs of the Property for use in
- List the Property in the Greater El Paso Real Estate Association’s multiple listing service (MLS) and other Consultant syndicated platforms.
- Install Consultant’s standard sign indicating the Property is for
- Put Owner in contact with agents representing buyers interested in the Property, so that Owner may negotiate terms of a potential sale of the Property
4. OWNERʼS DUTIES AND REPRESENTATIONS
- Negotiate all terms of any potential contract contemplating the sale of the Property, other than commissions to be paid that shall be governed by this Agreement, with any potential buyer including any limitations of property to be conveyed
- Be available at reasonable times to show the Property and show the Property to potential buyers and their
- Maintain the Property in good condition during the Term of this
- Always be truthful to all parties involved in the sale of the Property including without limitation, Consultant, any prospective buyer, any agent involved in the transaction, and the title
- Not convey title to the Property without paying Consultant the fee required in this
- Owner represents that Owner has fee simple title to the Property and that the Property is free of liens, other than those that will be paid at closing. Owner is not currently involved in any litigation affecting the Property and has no knowledge that such litigation is threatened.
- The Consultant’s compensation shall be as follows:
- One Thousand Five Hundred Dollars and 00/100ths ($1,500.00) due and payable upon signing this Agreement. This fee is not refundable and is compensation to Consultant for costs involved in setup of initial
- One percent (1%) of the sales price of the Property due and payable from the Owner at closing of the sale of the
- Owner also agrees to pay any real estate agent representing buying in the sale of the Property three percent (3%) of the sales price at closing of the sale of the
The term of this agreement shall be 180 days from the effective date.
- Owner may terminate the Agreement at any time within this If Owner wishes to terminate this Agreement within the Term, Owner shall provide notice of early termination to Consultant by certified or registered mail. Upon cancellation or expiration of this
Agreement, Consultant will provide to Owner a list of names of agents and/or individuals that had contacted Consultant and inquired about the Property. If Owner enters into a contract with any named individual or agent on such list within days from termination or expiration of this Agreement, Owner will be obligated to pay Consultant the compensation specified in Paragraph 5(a)(2) at closing of such contract, should the closing occur.
- Consultant may terminate this Agreement during the Term if (a) Owner’s conduct renders it unreasonably difficult to render services;
(b) the Owner requests a course of conduct that is illegal or unethical; or (c) Owner’s breach of this Agreement.
7. DISCLAIMER OF GUARANTEES AND WARRANTIES
Except for the express warranties provided herein, Consultant hereby disclaims all express and implied warranties provided by statute or common law. Consultant has made no representations about services provided and no guarantees that the Property will sell.
Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows:
If to the Owner:
If to the Consultant:
2077 Zaragoza Road, Suite B203 El Paso, TX 79938
- There are no agreements between the parties other than those set forth herein. The parties intend this document to be a full and complete statement of their agreement, and all prior discussions are merged into this document. There are no representations, warranties, agreements, or promises pertaining to the Property concerning Consultant and Owner that is not contained herein. Evidence of any such oral agreements or terms may not be taken in any court at
- This agreement may not be waived, changed, modified in whole or in part, except by an instrument signed by Consultant and
- If any provision of this Agreement shall be held invalid by a court of law for any reason, the remaining provisions shall remain in full force and
- Owner agrees that Consultant has given Owner the opportunity to have this document reviewed by an attorney. The parties negotiated the terms herein. This Agreement shall not be interpreted more strictly against either party merely because that party drafted
- Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents
10. WAIVER OF JURY TRIAL.
Consultant and Owner, each after consultation with an attorney of its own selection (which counsel was not directly or indirectly identified, suggested, or selected by the other party), both voluntarily waive a trial by jury of any issue arising in an action or proceeding between the parties or their successors, under or connected with this contract or its provisions. Consultant and Owner acknowledge to each other neither are not in significantly disparate bargaining positions.
IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals.
Owner Summus Realty