OSE Real Estate Seller's Agent Representation Contract

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Revision as of 17:06, 11 August 2025 by Marcin (talk | contribs)
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https://chatgpt.com/share/689a22b9-ce50-8010-b18b-0488033b2673

Communications

Hi Michael.

Got your contract. I would like to add:

  • $239k start, not $250k. I showed you the comps, and even though the comps indicate $254k, the market so far said it is too high. Please evaluate and let me know if you agree to $239k
  • 80 day deadline for your contract representation as my Seller's Agent. I think at $239k, this should not be a problem. We would like to market this ourselves and pull it off the MLS after this period. For this purpose, the exact clause should be: "This Exclusive Right to Sell Listing Agreement shall begin on August 12, 2025 and terminate at 11:59 p.m. on October 31, 2025 (“Termination Date”). If the property has not sold and closed, with title transferred and sale proceeds delivered to Seller, by the Termination Date, Seller shall owe no commission or other compensation to Broker for any sale occurring thereafter, regardless of the purchaser’s identity or when they were introduced to the property. Any “protection period,” “carryover,” or similar provisions are hereby expressly waived. *This Agreement shall not automatically renew or extend except by a separate written agreement signed by both Seller and Broker. In the event of any conflict between this provision and any other term of this Agreement, this provision shall control."
  • 3% seller agent commission
  • Buyer pays buyer agent. I'm willing to consider financing the Buyer's agent commission for buyer if agent can't put that into buyer's loan. I did not see this in the contract -please add this verbiage - "Pursuant to the 2024 settlement of the National Association of REALTORS® litigation, Seller shall have no obligation to offer or pay any commission, fee, or other compensation to any agent, broker, or representative of the buyer (“Buyer’s Agent”) in connection with the sale of the Property. Any compensation to a Buyer’s Agent shall be separately negotiated between Buyer and Buyer’s Agent, and shall be the sole responsibility of Buyer, payable outside of and in addition to the purchase price stated in the sale contract. Broker is authorized and instructed to disclose in the MLS, marketing materials, and all cooperative communications that no compensation is being offered to Buyer’s Agent by Seller, and that any such compensation must be arranged directly between Buyer and Buyer’s Agent. If Buyer’s Agent commission cannot be financed through Buyer’s mortgage loan due to lender or loan program restrictions, Seller is willing to provide financing for such commission directly to Buyer under separate written agreement, at mutually agreed terms, with the total financed amount to be repaid by Buyer to Seller. Any such financing arrangement shall be entirely separate from the purchase price and shall survive closing until fully repaid."

Thank you, Marcin