Flat-Fee-MLS-Listing-Agreement Mid-Atlantic Area

Buyer Agent Compensation
Cooperation With Other Brokers: Seller authorizes Broker to cooperate with other real estate brokers and licensed agents if, in Broker's professional judgment, such cooperation is in the best interest of Seller. This cooperation may include allowing cooperating brokers/agents to show the property, market the property through the MLS and other advertising channels, and present offers on behalf of prospective buyers.

Limited Services Provided
Services under this agreement include MLS entry, forwarding inquiries, MLS compliance assistance, listing administration, and any additional extra "Brokerage Support" according to the plan selected by Seller.

4. MLS Rules, Changes, and Seller Responsibilities
Seller is responsible for the accuracy of all information, disclosures, room sizes, property details, photos, and remarks. Seller shall use only authorized photographs and content and comply with all MLS requirements. Seller represents that all photographs, videos, virtual tours, floor plans, and marketing materials submitted to Broker are owned by Seller or used with proper authorization.

Standard listing changes will generally be completed within 24 hours; Platinum updates are generally completed within 12 hours.

Seller acknowledges that the MLS may require modifications to remarks, photos, fields, or other listing data to comply with MLS rules. Broker is authorized to make such required changes without additional consent from Seller. These changes do not alter the terms of this Agreement.

Broker Protection Period
Broker's compensation shall be paid if the property is sold, conveyed, leased, rented, or otherwise transferred within 90 days after the termination of this agreement or any extensions thereof to any person, their successors, or assigns who were shown the property as a result of the efforts or advertising of Broker prior to the final termination of this listing agreement, provided SELLER has received written notice—either by certified mail, personal delivery, or electronic transmission—listing the names of prospective purchasers within five (5) working days after the termination of the listing agreement. It is the SELLER's responsibility to reserve any names when entering into a listing agreement with another broker during this protection period.

Broker Duties
Hawkins Real Estate Services is providing limited-service MLS ENTRY ONLY and is not acting as a traditional listing agent, fiduciary, or representative, unless otherwise agreed to in writing within this agreement, or an upgraded plan purchased, such as SILVER and PLATINUM plans, which offer additional brokerage support services to the Seller.

Statutory Broker Duties: Hawkins Real Estate Services shall provide brokerage support services honestly and in good faith, exercise reasonable skill and care, maintain confidentiality as required by applicable law, account for property coming into Broker's possession, timely present written offers transmitted through the selected service plan, and disclose conflicts of interest as required by law. Nothing in this paragraph shall expand Broker's duties beyond the limited-service scope expressly described in this Agreement.

Seller Responsibilities: Except as expressly provided under the selected Service Plan, Seller shall be responsible for scheduling and conducting showings, responding to buyer and agent inquiries, negotiating offers and contract terms, and managing all transaction-related communications. Broker's duties are limited to the services specifically described in this Agreement.

Showing Time or Third-Party Services: Seller may elect to use Showing Time or another MLS-approved showing service, if available. Broker's role is limited to activating or enabling such services through the MLS only. Seller remains responsible for showing instructions, lockbox access, scheduling approvals, communications, and follow-up with buyers and agents, plus any safety issues resulting from lockbox use. The use of a showing service does not create additional brokerage duties, agency representation, or fiduciary obligations beyond those expressly stated in this Agreement.

Limited-Service Disclosure
The scope of Broker duties is limited to the services described in the selected plan purchased (Bronze, Silver, Gold or Platinum plans).

Warranties, Indemnification, and Compliance
Seller represents that Seller has authority to enter into this Agreement and will use reasonable care to provide information and materials to Broker that are accurate to Seller's knowledge and that Seller owns or is authorized to use. Seller remains responsible for the accuracy and completeness of information and disclosures supplied by Seller and for Seller's decisions concerning the Property and any offer or contract.

Seller shall indemnify Broker against third-party claims and reasonable, documented losses, but only to the extent directly caused by Seller's material misrepresentation, knowing omission, unauthorized submission of content, or material breach of Seller's obligations under this Agreement. Seller shall have no duty to indemnify Broker for any claim, loss, or expense to the extent caused by Broker's or its personnel's negligence, willful misconduct, violation of law, breach of this Agreement, unauthorized alteration or use of Seller's information or materials, or failure to perform an expressly included service.

Broker shall give Seller prompt written notice of any claim for which indemnification is sought, reasonably cooperate with Seller's defense, and obtain Seller's written consent before entering into any settlement that imposes an obligation or admission on Seller.

Broker remains responsible for performing the services included in the Flat Fee Plan selected in Paragraph 1 with reasonable care and in accordance with any applicable state law. Nothing in this Agreement waives or limits any duties that cannot legally be waived or limited. Broker does not provide legal advice or replace Seller's responsibility to review and approve disclosures, offers, and contract terms; however, this does not relieve Broker of responsibility for its own preparation, review, transmission, or handling of documents and information within the services expressly included in the selected plan.

If there is a conflict between this Paragraph 9 and a description of services included in the selected plan, the written description of the selected plan shall control as to the services Broker has agreed to perform.

MLS Fines and Fair Housing
Seller is responsible for MLS fines (plus $100) resulting from Seller-provided information or noncompliance or illegal photo use. Seller agrees to comply with Fair Housing laws and not use discriminatory language in marketing materials.

Administrative Fees and Closing
Any closing-based fees under the selected plan shall be collected at settlement through the title company. Seller agrees to provide the ALTA Settlement Statement or Closing Disclosure before settlement and a final signed version after settlement.

Settlement Document Authorization: Seller authorizes settlement agents, title companies, closing attorneys, lenders, buyer agents, and other transaction participants to release closing disclosures, settlement statements, amendments, extensions, and related transaction documents to Broker for MLS compliance, auditing, recordkeeping, and regulatory reporting purposes.

Failure to Pay and Collection Rights
In the event Seller fails to pay any fee, charge, fine, or other amount due under this Agreement, Broker may suspend services, withdraw the listing where permitted by MLS rules, and pursue collection of unpaid amounts. Seller agrees to reimburse Broker for reasonable collection expenses, court costs, attorney fees, and costs of enforcement to the fullest extent permitted by applicable law. Seller's obligations under this Agreement shall survive cancellation or termination of the listing.

Governing Law, Electronic Signatures, and Entire Agreement
Electronic Signatures: Seller agrees that this Listing Agreement, and any related documents, notices, or amendments, may be executed and delivered by electronic signature, including but not limited to signatures applied through e-signature platforms, digital signing tools, or other legally recognized electronic methods. Seller acknowledges that electronic signatures have the same legal force and effect as handwritten signatures and agrees to be bound by all terms executed electronically. Seller further agrees that delivery of executed documents may occur by electronic transmission, including email, secure document portals, or other digital means, and such delivery shall constitute valid and effective execution and acceptance of this Agreement.

Entire Agreement and Non-Reliance: This Agreement constitutes the complete and exclusive agreement between Seller and Broker concerning the subject matter herein and supersedes all prior negotiations, discussions, representations, and understandings, whether written or oral. Seller acknowledges that no promise, representation, statement, or warranty not expressly contained in this Agreement has been relied upon in entering into this Agreement. This Agreement may only be amended by a written instrument signed by the parties.

This Agreement shall be governed by the laws of the state where the property is located. Broker may rescind this Agreement within seven (7) business days of execution, for any MLS eligibility issues, property condition concerns, incomplete documentation, or compliance concerns.

Termination
This Agreement may be cancelled in writing provided the property is not under contract. Broker will remove the listing as required by MLS rules.

Severability
If any provision of this Agreement is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree that any invalid provision shall be interpreted and enforced to the maximum extent permitted by law so as to most closely reflect the original intent of the parties.