Exclusive Listing Agreement beginning, and ending between: SELLER: and BROKER (AGENCY): Phone Agency Address:

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1 This form has been certified by the Attorney General to be in compliance with the Plain Language Law. Approval of a consumer contract by the Attorney General only means that simple, understandable and easily readable language is used. It is not an approval of the contract s terms or legality. JERSEY SHORE MULTIPLE LISTING SERVICE MLS# EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (check all that apply) RESIDENTIAL CONDOMINIUM ADULT COMMUNITY VACANT LAND MULTI-FAMILY COMMERCIAL RENTAL/LEASE The term Seller in this agreement shall also mean Landlord in the case of a Lease Exclusive Listing Agreement beginning, and ending between: SELLER: and BROKER (AGENCY): Phone Agency Address: In consideration of BROKER listing and attempting to obtain a purchaser or tenant for SELLER S property known as: Address: City, State ZIP Block/ Lot The SELLER appoints BROKER exclusive agent and gives BROKER the sole and exclusive right to sell this property for $, or for any other price and any terms to which the SELLER may consent; or, to lease or rent at an annual rate of $. COMMISSIONS ON SALE: SELLER agrees to pay BROKER a commission of, based upon the selling price, if the sale of this property, or any part of it, is made by BROKER or any cooperating agent, or by the SELLER or any person during the term of the Agreement. The commission to be earned when a ready, willing and able buyer is produced and payable on the closing of title and delivery of the deed. However, in the event title does not close as a result of breach of contract by the SELLER, the SELLER shall be liable to the listing BROKER for the commission. COMMISSIONS ON LEASE: If the premises are rented, the SELLER agrees to pay the listing BROKER a commission of and a commission of on each renewal of the lease. If during such tenancy the tenant at any time purchases the real estate, a commission of based upon the selling price, shall be paid to the listing BROKER by the SELLER. AS SELLER YOU HAVE THE RIGHT TO INDIVIDUALLY REACH AN AGREEMENT ON ANY FEE, COMMISSION, OR OTHER VALUABLE CONSIDERATION WITH ANY BROKER. NO FEE, COMMISSION OR OTHER CONSIDERATION HAS BEEN FIXED BY ANY GOVERNMENTAL AUTHORITY OR BY ANY TRADE ASSOCIATION OR MULTIPLE LISTING SERVICE. Nothing herein is intended to prohibit an individual BROKER from establishing a policy regarding the amount of fee, commission or other valuable consideration to be charged in transactions by the BROKER. BROKERAGE PROTECTION: A brokerage fee shall be paid if this property becomes subject to a written or other agreement by the buyer and seller or their designees or is sold, conveyed, or otherwise transferred within days (herein negotiated) after the termination of this Agreement, or any extension of it, to any buyer introduced to this property during the term of this agreement or any extension thereof. However, this protection does not apply if the property is subsequently listed with another real estate broker at the time of sale. The Owner(s) agree and acknowledge that the dollar amount of said commission shall be a lien (legal claim) on the purchase money proceeds derived from the sale of the subject property and they agree, by this agreement to authorize and direct the party disbursing the closing proceeds to pay the listing REALTOR, the full commission as set forth above out of the proceeds of sale, prior to the payment of any funds to the Owner(s) or other lien holders. SELLER S REPRESENTATIONS OF THE PROPERTY: SELLER states that they are the only owners of this property, that they have the legal right to list and sell it, and that they can and will sign those documents required to transfer good title at closing. SELLER warrants and represents that the plumbing, air conditioning, electrical, heating, well and pumps, ventilating, septic systems and included appliances and fixtures (where applicable) are in working order and shall be so at the time of closing. SELLER additionally warrants that he/she knows of no existing defects in any of the above. SELLER S PROPERTY DISCLOSURE: SELLER-prepared property condition disclosure form IS prospective Buyers. IS NOT available for review by DISCLOSURE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS: Federal law imposes a series of obligations on SELLERS of residential real estate. SELLERS of properties built before 1978 must disclose their actual knowledge (e.g. prior test results or other first-hand information) of leadbased paint hazards. (a) Was this property built before 1978 Yes No (b) I don t know Unless SELLER can confirm the property was built after 1978; the property is considered target housing. If SELLER answered Yes or I don t know, Addendum A Disclosure of Information and Acknowledgement Lead-Based Paint and/or Lead-Based Paint Hazards must be completed. OTHER OBLIGATIONS OF SELLER: SELLER agrees to refer to BROKER every person who contacts SELLER directly during the term of this Agreement concerning this listing or the sale or lease of this property and to direct that all negotiations for the sale or lease shall be made through the BROKER named in this Agreement. SELLER shall cooperate with BROKER in affording any prospective Buyer the opportunity of a full inspection of this property. SELLER states that the information given and listed on this Listing Agreement is complete and correct and will reimburse BROKER for any expense and/or loss resulting from relying on incomplete or incorrect information. SELLER, also, agrees to provide a Certificate of Occupancy, Smoke Detector Certification and/or Well Water Certification, if required by local ordinance. SELLER authorizes the BROKER to place BROKER S For Sale or For Lease signs on the property and to take any other reasonable actions to sell or lease the property. SELLER agrees to not allow any For Sale signs other that the listing BROKER S on the property. Seller Initials Page 1 of 3

2 SPECIAL CONDITIONS OF THIS LISTING AGREEMENT: The SELLER will allow up to days for the Buyer to arrange a mortgage. PERSONAL PROPERTY INCLUDED IN SALES PRICE NOT INCLUDED IN SALES PRICE CONSUMER INFORMATION STATEMENT: By signing this Agreement, SELLERS acknowledge that they have received the Consumer Information Statement on New Jersey Real Estate Relationships. REAL ESTATE RELATIONSHIPS: I, (name of licensee) AS AN AUTHORIZED REPRESENTATIVE OF (name of firm), INTEND, AS OF THIS TIME, TO WORK WITH YOU AS A: (indicate one) SELLER S/LANDLORD S AGENT ONLY SELLER S/LANDLORD S AGENT & DISCLOSED DUAL AGENT IF THE OPPORTUNITY ARISES TRANSACTION BROKER SUBAGENCY WILL WILL NOT BE OFFERED LISTING BROKERS USUALLY COOPERATE WITH OTHER BROKERAGE FIRMS BY SHARING INFORMATION ABOUT THEIR LISTINGS AND OFFERING TO PAY PART OF THEIR COMMISSION TO THE FIRM THAT PRODUCES A BUYER. THIS IS GENERALLY REFERRED TO AS THE COMMISSION SPLIT. SOME LISTING BROKERS OFFER TO PAY COMMISSION SPLITS OF A PORTION OF THE GROSS COMMISSION, USUALLY EXPRESSED AS A PERCENTAGE OF THE SELLING PRICE, LESS A SIGNIFICANT DOLLAR AMOUNT. OTHER LISTING BROKERS OFFER A PORTION OF THE GROSS COMMISSION LESS ONLY A MINIMAL LISTING FEE OR ZERO. THE AMOUNT OF COMMISSION SPLIT YOUR BROKER OFFERS CAN AFFECT THE EXTENT TO WHICH YOUR PROPERTY IS EXPOSED TO PROSPECTIVE BUYERS WORKING WITH LICENSEES FROM OTHER BROKERAGE FIRMS. ON THIS LISTING, THE BROKER IS OFFERING A COMMISSION SPLIT TO (a) SUBAGENTS NO YES AMOUNT minus (b) BUYER BROKERS NO YES AMOUNT minus (c) TRANSACTION BROKERS NO YES AMOUNT minus IF YOU FEEL THAT THIS MAY RESULT IN YOUR PROPERTY RECEIVING LESS THAN MAXIMUM EXPOSURE TO BUYERS, YOU SHOULD DISCUSS THOSE CONCERNS WITH THE LISTING SALESPERSON OR HIS/HER SUPERVISING BROKER. BY SIGNING THIS LISTING AGREEMENT THE OWNER(S) ACKNOWLEDGE HAVING READ THIS STATEMENT ON COMMISSION SPLITS. SUBMISSION TO MULTIPLE LISTING SERVICE: BROKER will submit this listing within 48 hours to the JERSEY SHORE MULTIPLE LISTING SERVICE, to be distributed to the members of the MLS who may then act as a BUYER BROKER, or as a TRANSACTION BROKER, and cooperate in selling the property. BROKER will inform the MLS within 48 hours of all changes authorized by the SELLER and will, also, notify the MLS as to sales or rental information including price. BROKERS are not required to submit rental listings to the MLS. DISTRIBUTION BY MULTIPLE LISTING SERVICE: SELLER HEREBY GRANTS PERMISSION FOR DISTRIBUTION OF THIS LISTING TO PARTICIPANTS OF THE JERSEY SHORE MULTIPLE LISTING SERVICE AND INCLUSION IN ITS PROPERTY INFORMATION SYSTEM. Seller Initials Page 2 of 3

3 DISPLAY ON INTERNET Information on and pictures of the above property may be posted on the Internet which may include the websites of the BROKER or the JERSEY SHORE MULTIPLE LISTING SERVICE, or the website of another party to which the BROKER or JERSEY SHORE MULTIPLE LISTING SERVICE submits information of listings. a. I have advised my broker or sales agent that I do ( ), do not ( ) want the listed property to be displayed on the Internet. b. I have advised my broker or sales agent that I do ( ), do not ( ) want the address of the listed property to be displayed on the Internet. I understand and acknowledge that, if I have selected do not for either of the options, consumers who conduct searches for listings on the Internet will not see information about the listed property in response to their search. ENHANCED VIRTUAL OFFICE WEBSITE FEATURES c. I have advised my broker or sales agent that I do ( ), do not ( ) want a Participant s VOW to allow third-parties to write comments or reviews about the listed property or display a hyperlink to such comments or reviews in immediate conjunction with the listed property. d. I have advised my broker or sales agent that I do ( ), do not ( ) want a Participant s VOW to display an automated estimate of the market value of the listed property (or hyperlink to such estimate) in immediate conjunction with the listed property. ** A Virtual Office Website (VOW) is a participant s Internet website, or a feature of a participant s website, through which the participant is capable of providing real estate brokerage services to consumers with whom the participant has first established a broker-consumer relationship (as defined by state law) where the consumer has the opportunity to search MLS listing information, subject to the participant s oversight, supervision and accountability. A non-principal broker or sales licensee affiliated with a participant may, with his or her participant consent, operate a VOW. Any VOW of a non-principal broker or sales licensee is subject to the participant s oversight, supervision, and accountability. Listing BROKER is allowed to place a Lockbox on the property. YES NO. By giving the listing Broker a key to the premises, seller authorizes broker access to property and permission to share key with cooperating brokers. OTHER CONTRACT PROVISIONS: SELLER understands the authority conferred upon the BROKER by this Agreement cannot be withdrawn during the term of this Agreement and shall be binding upon the heirs, executors, administrators, personal representatives, and assigns of the SELLER. LAW AGAINST DISCRIMINATION: SELLER states that their attention has been called to the MEMORANDUM of the ATTORNEY GENERAL regarding discrimination and that they have read and received a copy of the Agreement. There are no agreements or conditions other than those stated in this Listing Agreement. THIS IS A LEGALLY BINDING CONTRACT: IF NOT UNDERSTOOD, SEEK LEGAL ADVICE. To indicate their agreement, the SELLER and AUTHORIZED LICENSEE OR BROKER have completed and signed this Agreement. All parties necessary to legally convey the property must sign. DO NOT SIGN THIS LISTING AGREEMENT UNLESS PROPERLY DATED. CERTIFICATION OF ACCURACY: The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Date signed: SELLER: signature Phone SELLER: signature Phone SELLER S PRESENT ADDRESS: AUTHORIZED LICENSEE OR BROKER: Signature Page 3 of 3

4 State of New Jersey CHRIS CHRISTIE OFFICE OF THE ATTORNEY GENERAL Governor DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION ON CIVIL RIGHTS KIM GUADAGNO P.O. Box 089 Lt. Governor Trenton, NJ JOHN J. HOFFMAN Acting Attorney General CRAIG SASHIHARA Director TO: FROM: Property Owners John J. Hoffman, Acting Attorney General, State of New Jersey Craig Sashihara, Director, NJ Division on Civil Rights DATE: August 2013 SUBJECT: Housing Discrimination Laws The New Jersey Real Estate Commission requires every licensed broker or salesperson with whom you list your property to give you a copy of this notice. The purpose is to help you comply with the New Jersey Law Against Discrimination (the "LAD") and federal laws prohibiting discrimination in the sale or rental of real property. In New Jersey, it is illegal to discriminate against a prospective or current buyer or tenant because of race, creed, color, national origin, sex, gender identity or expression, marital status, civil union status, affectional or sexual orientation, familial status, actual or perceived physical or mental disability, ancestry, nationality, domestic partner status, or source of lawful income used for mortage or rental payments. It is also illegal to place any advertisement or make any statements or utterances that express, directly or indirectly, any limitations to offer housing based on any of those characteristics. State and federal fair housing laws apply to a wide range of activities such as advertising, selling, renting, leasing, subleasing, assigning and showing property (including open land). Here are some issues that come up frequently in enforcing the LAD: Discrimination based on "source of lawful income used for mortage or rental payments," means, for example, that a landlord cannot reject a prospective tenant because he or she intends to rely on a Section 8 rental voucher, FEMA voucher issued to Superstorm Sandy victims, or other types of rent subsidy. A "No Pets" rule cannot be enforced to prevent a person with a disability from using a service animal such as a guide dog. A landlord may not charge a tenant with a disability an extra fee for keeping a service animal. Discrimination based on "familial status" prohibits discrimination against families with a child or children.under 18 years old, and includes pregnant women.

5 Landlords must permit a tenant with a disability, at that tenant s own expense, to make reasonable modifications to the premises if such modifications are needed to give the tenant full enjoyment of the premises. Penalites. If you commit a discriminatory housing practice that violates the LAD, you may be subject to penalties not exceeding $10,000 for a first violation, not exceeding $25,000 for a second violation within five years of the first offense, and not exceeding $50,000 for two or more violations within seven years. Other remedies. Victims of discrimination may recover economic damages related to the discrimination (such as having to pay higher rent for another unit) as well as damages for emotional distress, pain and humiliation. In more egregious cases, a victim may also recover punitive damages. Brokers. The broker or salesperson with whom you list your property must transmit to you every written offer he/she receives on your property. Brokers and salespersons are licensed by the New Jersey Real Estate Commission and their activities are subject to the general real estate laws of the State and the Commission s own rules and regulations. The broker or salesperson must refuse your listing if you indicate an intent to discriminate based on any of the protected classes. Exemptions. The sale or rental of property (including open land) whether for business or residential purposes, is covered by the LAD. In most cases, the following sales or rentals are exempt from the LAD 1 : Renting one apartment in a two-family dwelling if the owner lives in the other apartment. Renting a room or rooms in a one-family dwelling if the owner lives in the same dwelling. A religious organization can give preference to persons of the same religion when selling or renting real property. In certain types of housing designated for older persons, it is not unlawful to discriminate based on familial status. For more information about the LAD and Fair Housing Amendments Act of 1988, or if you have other questions about discrimination in the sale or rental of real property, including how to report a complaint, please review our website or call our Housing Hotline at (866) Please contact us if you would like the Division on Civil Rights to provide training on the subject of housing discrijnftion. Thank you. John Ja(offmi2 Acting Attorney General i S ihara Director, Division on Civil Discrimination in connection with some of the transactions covered by these exemptions may nevertheless be prohibited under the Federal Civil Rights Act of 1866, 42 U.S.C. 1981, 1982.

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