InstaMLS Listing Agreement

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Allow time to complete the MLS Property Data Input Form. This form will be emailed to you and it shouldn't take more than 20 min to fill out.
Asking Price
Street Address
Street Address 2
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Asking Price
Street Address
Street Address 2
City
State
Zip
In order to list your property on MLS, you must offer a commission to a Buyer's Agent in order for them to show your property to a prospective buyer. A sales commission is only due if the Buyer is represented.

Activation Date:

List Price $:
Property: ,
List Price $:  
Property:    ,    

This agreement is entered into on by and between HIllman Real Estate (HRE) and of , . For the purpose of this listing agreement Hillman Real Estate will either be referred to as the BROKER, LISTING BROKER or SELLER’S AGENT while will be referred to as the SELLER going forward. A copy of this Agreement will be automatically emailed to the SELLER provided email address after fee has been paid. The office will maintain a copy for a minimum of 3 years.

§1: ASKING PRICE.

The asking price for , will be $. The SELLER may adjust price anytime using our Client Center web form.

§2: TYPE OF LISTING & AGREEMENT.

Since each MLS platform requires members to define the (1) type of listing and (2) type of agreement being used, the listing will be classified as an Entry-Only listing and the contract will be a “Facilitation: Right to Sell,” listing agreement.

§3: AGENCY DISCLOSURE IMPLEMENTATION.

Since each State requires real estate professionals to provide all Consumers with a state-specific agency disclosure at the first in-person meeting, we are informing our SELLERS that the LISTING BROKER is acting as a sell-side ‘Facilitator’ for the term. When this listing agreement is signed, the Agency Disclosure will also be automatically signed and stamped with time, date and IP address.

§4: ACTIVATION.

The LISTING BROKER hereby agrees to enter the listing into MLS on the activation date () if the following are received by the said date: (1) Executed Listing Agreement and Agency Disclosure. (2) Property Data Input Form. (3) Property Photos. Once activated, the SELLER will receive welcome email with everything needed to close. SELLER contact information will be displayed in a certain field.

§5: OUR FEE FOR SERVICES.

The LISTING BROKER will only be compensated an upfront non-refundable flat fee of + any SELLER selected add-ons prior to activating the MLS listing. The LISTING BROKER will never ask for commission. There are absolutely no hidden fees.

§6: COOPERATING AGENT COMMISSION.

In order to list a property on an MLS system, the LISTING BROKER is required to list the amount the SELLER is willing to pay if the buyer is working with a cooperating Agent. The commission amount to be paid to a cooperating Agent shall be of the total net purchase price of property. This amount typically comes off the top of the final sales price. If the buyer is not represented and no Agent is involved, it is specifically understood that no commission is due.

§7: AGREEMENT LENGTH. SELLER TERMINATION RIGHTS.

The agreement shall be for a term of 12 months from the activation date. However, the SELLER may terminate this agreement and MLS listing at ANY time without penalty by notifying the LISTING BROKER in writing via our Client Center web form. Once the termination request is made, the MLS listing will be terminated within 24 hours.

§8: OFFER ACCEPTANCE.

When the SELLER accepts a written offer we require that the following information is reported to us within 24 hours of acceptance so we can flag the status of the listing. (1) Agreed Price. (2) Tentative Closing Date. (3) Name of Buyer's Agent and Brokerage using our online Client Center web form. It is in the best interest of the SELLER to not disclose information about a pending deal to anyone but the LISTING BROKER.

§9: IF DEAL TERMS CHANGE.

Sometimes deal terms (price and dates) change. When things change we need to know immediately so we can update your previously provided details. If your deal falls apart completely we will put your property back on the market.

§10: THE DAY OF CLOSING.

On the day of closing, once recorded, we require that the SELLER confirms the following information one last time so we can close out the listing: (1) Recorded Price. (2) Recorded Closing Date. (3) Name of Buyer Agent and Brokerage. (4) Appraiser's Name and Phone Number. (5) Buyer’s Loan Type. Transaction accuracy is critical and errors are unacceptable so please double check before you enter this information on the Client Center web form.

§11: PHOTOGRAPHS.

SELLERS can submit the max allotted number of photos. One photo must be an exterior shot of property. You may not reuse photos found on the Internet that are owned by other Agents. Contact information cannot be displayed on photos. When sending us photos, please rename the image files to reflect the order in which you would like the photos displayed (1.jpg, 2.jpg, 3.jpg etc.) Send to photos@instamls.com. If you do not rename, the order will be selected for you. If at any time you would like to submit new photos we require that all photos be sent again.

§12: LISTING REVISIONS.

All listing change requests must be done using our Client Center web form. Since written permission is required to edit listings, changes will not be made over the phone. Filling out the Client Center web form grants us authorization to make changes to your listing. The SELLER is responsible for reviewing published changes and must notify us of any errors.

§13: OPEN HOUSE ANNOUNCEMENTS.

Scheduling information (date/time frame) can be added to your MLS listing. This request should be sent in by Thursday to ensure 3rd party sites have enough time to display the announcement before the weekend rolls around.

§14: BONUS WEBSITES.

MLS allows automatic data transfers to hundreds of Real Estate related websites. This is strictly a bonus. We cooperate with all third party sites. However, we have no control over these sites and cannot guarantee that your home will be displayed properly or at all. The process is 100% automated.

§15: VIOLATIONS AND FINES.

MLS has strict guidelines and rules that we must follow. If we get fined we will pass the fine onto the SELLER. Fines must be paid within 24 hours. The following violations are subject to steep fines: (1) Using a sign that says: FSBO, FOR SALE BY OWNER, BY OWNER. (2) Not informing us that an offer has been accepted with details within 24 hours of written acceptance. (3) Posting photos owned by another Agent. (4) Providing inaccurate sale information. Fines cannot be appealed.

§16: TERMINATION.

We rarely terminate listings but if a SELLER isn't returning calls promptly, is unresponsive, or is unwilling to accommodate agents/buyers, we reserve the right to pause and possibility terminate the listing without refund. If you are going out of town, let us know and we can temporarily pause the listing until you return. All SELLERS must be mindful of federal fair housing laws.

§17: DAY OF CLOSING.

On the day of the closing, the SELLER must confirm the following: (1) Recorded Price, (2) Recorded Date, (3) Agents Name and Brokerage, Appraisers Name and Phone number, type of loan (if any) one last time.

§18: FOR SALE SIGNAGE:

Per the Rules & Regulations of MLS, you may not plant a red and white sign that says any of the following terms: FSBO. FOR SALE BY OWNER. BY OWNER. This is to prevent Buyers and Agents from getting confused when showing up at a property. If you need a complete solution we have Sign Kits for sale. The signs are 18" x 24" double-sided corrugated plastic color signs. They come with a Spider brand lawn stake and a jumbo blue permanent marker so you can add your phone number. The Sign Kit is $50 and includes USPS priority shipping.

Do you need a sign kit? PRICE: $50.00

§19: MLS MARKETING BOOSTER: YES

If you would like to maximize exposure and reach we can achieve this by adding a second MLS listing on another MLS service. This doubles the number of online partner sites. The SELLER will receive 2 MLS numbers/listings that are different in presentation. The MLS Marketing Booster is for properties located in Massachusetts (MLSPIN) and New Hampshire (PRIMEMLS). If your property is located on the Cape & Islands please review this page https://instamls.com/flat-fee-cape-islands-ccimls.

Do you want marketing booster? YES PRICE:$200.00

§19: MLS MARKETING BOOSTER: NO

If you would like to maximize exposure and reach we can achieve this by adding a second MLS listing on another MLS service. This doubles the number of online partner sites. The SELLER will receive 2 MLS numbers/listings that are different in presentation. The MLS Marketing Booster is for properties located in Massachusetts (MLSPIN) and New Hampshire (PRIMEMLS). If your property is located on the Cape & Islands please review this page https://instamls.com/flat-fee-cape-islands-ccimls.

Do you want marketing booster? NO PRICE:$0.00

§20: MONEY BACK GUARANTEE.

The BROKER will offer a money-back guarantee if the SELLER would like to cancel the listing to re-list with another real estate brokerage. Referrals between brokerages is a common practice. The refund will come from the referral fee we receive. To be eligible for this refund, the SELLER must submit a cancelation request via our Client Center to inform us of the plan. If the SELLER has an agent/brokerage in mind we will contact them on your behalf using a standard real estate referral form. If the SELLER has already made arrangements with another listing agent/brokerage prior to informing us we will not be unable to refer you and this offering becomes null and void. Upon successful closing and receiving payment from the referred agency, Hillman Real Estate will send the SELLER an electronic payment equal to the amount spent to list your property. Add-ons are excluded (ie. signage).

§21: PAYMENT.

We accept the following payment methods: Visa, MasterCard, Discover and American Express via our credit card processing provider Stripe.com. Your credit card statement will show Hillman Real Estate or InstaMLS.com as the merchant. Due to the nature of our service we have a no refund policy.

Main Listing Contact

Full Name: Phone Number: Email:

Acknowledgement Signatures

I / we acknowledge that I / we have read and understand the above information and agree to the terms by signing below:

Andrew Hillman

Broker Print Name

Andrew Hillman

Broker Signature

3.238.235.248
04/18/2024 07:35:09 AM

Date

Seller #1 Type Name

Seller #1 Signature

3.238.235.248
04/18/2024 07:35:09 AM

Date

Seller #[number] Type Name

Seller #[number] Signature

3.238.235.248
04/18/2024 07:35:09 AM

Date