EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT This Exclusive

NVAR K1336: v7/24 Page 1 of 14

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT

This Exclusive Right to Sell Listing Agreement (“Agreement”) is made on _______________ (Date) by

and between ____________________________________________________ (“Seller”) and (Insert

Firm Name) __________________________________________________________ (“Broker”).

1. APPOINTMENT OF BROKER. In consideration of the services provided by Broker and

described in Agreement, Seller hereby appoints Broker as Seller’s sole and exclusive listing agent

and grants Broker the exclusive right to sell the real property described below (“Property”).

2. PROPERTY.

Street Address_____________________________________________________ Unit #__________

City______________________________________________, Virginia ZIP Code _____________

TAX Map/ID #____________________________________________________________________

Parking Space #_______________ Storage Unit #_______________ Mailbox #______________

Historic District Designation _________________________________________________________

Legal Description

 Lot/Block/Subdivision:

Lot(s) ___________ Block/Square __________ Section __________ Phase _____________

Subdivision or Condominium _____________________________________________________

County/Municipality______________________________ Deed Book/Page # _______/_______

 Metes/Bounds: see attached description or survey.

MLS Description

No. of Levels: _____ Basement  Yes  No Basement Entrance Type:__________________

Basement Type: Attic Type: _

Architectural Style: Type of Exterior:

Disability Access:  Yes  No

3. NOTICES. All notifications and amendments under Agreement will be in writing and will be

delivered using the contact information below.

Seller

Mailing Address:_________________________________________________________________

City, State, and ZIP Code:__________________________________________________________

Phone: (H)____________________ (W)____________________ (Cell)____________________

Email:________________________________________________ Fax:_____________________

Broker (Firm)

Mailing Address:_________________________________________________________________

City, State, and ZIP Code:__________________________________________________________

Phone: (W)__________________________________________ (Cell)____________________

Email:________________________________________________ Fax:_____________________

4. AGREEMENT TERM AND LISTING TERM.

A. Agreement Term. Agreement will run for the period commencing upon signature by all parties

and expiring at 11:59 p.m. on _____________ (“Agreement Term”) (if left blank, Agreement

automatically terminates 90 days after Agreement Date). If a sales contract for Property is ratified

during Agreement Term which provides for a settlement date beyond Agreement Term, Agreement

will be extended automatically until final disposition of the sales contract.

B. Listing Term. The Listing Term begins when Seller instructs Broker to allow any potential

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buyer(s) to learn about Property. Listing Term shall go into effect on or before _________________,

with the expiration date coinciding with the expiration date of Agreement Term, or extending as

provided for above. Listings shall be entered into the MLS within two (2) days of the start of Listing

Term, or as MLS rules require. It is understood that Listing Term effective date may or may not

coincide with Agreement Date.

5. LISTING PRICE. Seller instructs Broker to offer Property for sale at a selling price of

$______________, or such other price as later agreed upon by Seller, which price includes Broker’s

compensation. (Note: Broker does not guarantee that Property will appraise or sell at the price or

terms stated herein, nor does Broker guarantee any net amount Seller might realize from the sale of

Property).

6. LISTING BROKER COMPENSATION.

Listing Broker Compensation and Buyer’s Broker Compensation are fully negotiable and are not

fixed, controlled, recommended, or suggested by law or any multiple listing service or association

of REALTORS

A. Listing Broker Compensation. Seller will pay Broker compensation of  _____% of gross

sales price, OR  $_______________, OR  _____% of gross sales price + $________________

(“Broker Compensation”) if, during the term of Agreement, anyone produces a buyer ready, willing,

and able to buy Property.

Broker Compensation is also earned if, within ______ days after the expiration or termination of

Agreement, a contract is ratified with a ready, willing, and able buyer to whom Property had been

shown during the term of Agreement; provided, however, that Broker Compensation need not be

paid if a contract is ratified on Property while Property is listed with another real estate company.

B.  Additional Listing Broker Compensation for Unrepresented Buyer. If anyone produces a

buyer ready, willing, and able to buy Property, and such buyer is not represented by a broker at the

time of ratification of the sales contract, Seller will pay Broker the following (in addition to Broker

Compensation):  _______% of gross sales price, OR  $ , OR _______% of

gross sales price + $ .

C. Variable Rate Compensation. If applicable, Broker and Seller agree to variable rate

compensation to be paid as follows: __________________________________________________

_______________________________________________________________________________.

D.  Listing Broker Service Fee. Seller will pay Broker an additional flat fee of $____________

as Listing Broker Service Fee if, during the term of Agreement, anyone produces a buyer ready,

willing, and able to buy Property.

E. Retainer Fee. Broker acknowledges receipt of a retainer fee in the amount of $_____________

which  will OR  will not be subtracted from Compensation. The retainer fee is non-refundable

and is earned when paid.

F. F. Early Termination. In the event Seller wishes to terminate Agreement prior to the end of

Agreement Term, Seller will deliver written notice to terminate the Agency Relationship between

the Parties. The Parties will then execute a Release of Brokerage Representation Agreement to

terminate the Brokerage Relationship between the Parties. Should termination be without good

cause, Seller will pay Broker $ as an early termination fee prior to executing

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the Release of Brokerage Representation Agreement, in addition to any compensation otherwise due

pursuant to Agreement.

7.  SELLER-PAID BUYER’S BROKER COMPENSATION. Seller-Paid Buyer’s Broker

Compensation (“Buyer’s Broker Compensation”) is an amount Seller will pay to any broker(s)

representing Buyer in this transaction (“Buyer’s Broker”). Seller will pay Buyer’s Broker the

following amount:

Buyer’s Broker Compensation:  _______% of gross sales price, OR  $ ,

OR _______% of gross sales price + $ .

Buyer’s Broker Compensation is payable upon settlement. Seller understands that Buyer’s Broker

Compensation is negotiable and will ultimately be determined by a ratified sales contract between

Seller and the buyer.

8. SELLER SUBSIDY. Seller Subsidy is a payment from Seller towards Buyer’s charges and closing

costs (including but not limited to loan origination fees, discount points, buy down or subsidy fees,

prepaids or other charges) as allowed by lender(s), if any. Seller Subsidy reduces total proceeds to

Seller at settlement.

 Seller will not consider Seller Subsidy.

 Seller will consider Seller Subsidy and authorizes Broker to market:  an unspecified

amount, OR  _______% of gross sales price, OR  $ .

9. CONVEYANCES.

A. Personal Property and Fixtures. Property includes the following personal property and

fixtures, if existing: built-in heating and central air conditioning equipment, plumbing and lighting

fixtures, indoor and outdoor sprinkler systems, bathroom mirrors, sump pump, attic and exhaust

fans, storm windows, storm doors, screens, installed wall-to-wall carpeting, window shades, blinds,

window treatment hardware, smoke and heat detectors, TV antennas, exterior trees and shrubs.

Unless otherwise agreed to in writing, all surface or wall mounted electronic components/devices

DO NOT convey; however, all related mounts, brackets and hardware DO convey. Smart home

devices installed, hardwired or attached to personal property or fixtures conveyed pursuant to this

paragraph, including but not limited to, smart switches, smart thermostats, smart doorbells, and

security cameras (“Smart Devices”) DO convey unless otherwise agreed to in writing. Electric

vehicle charging stations DO convey. Solar panels installed on the Property DO convey (see

attached Addendum). If more than one of an item conveys, the number of items is noted.

The items marked YES below are currently installed or offered and will convey:

Yes # Items Yes # Items Yes # Items

 ___ Alarm System

 ___ Built-in Microwave

 ___ Ceiling Fan

 ___ Central Vacuum

 ___ Clothes Dryer

 ___ Clothes Washer

 ___ Cooktop

 ___ Dishwasher

 Disposer

 ___ Electronic Air Filter

 ___ Fireplace Screen/Door

 ___ Freezer

 ___ Furnace Humidifier

 ___ Garage Opener

 ___ w/ remote

 ___ Gas Log

 ___ Hot Tub, Equip & Cover

 ___ Intercom

 ___ Playground Equip

 ___ Pool, Equip, & Cover

 ___ Refrigerator

 ___ w/ ice maker

 ___ Satellite Dish

 ___ Storage Shed

 ___ Stove or Range

 ___ Wall Oven

 ___ Water Treatment System

 ___ Window A/C Unit

 ___ Window Fan

 ___ Window Treatments

 ___ Wood Stove

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Other Conveyances (as-is, no additional value and for Seller convenience):_____________________

_________________________________________________________________________________

Does Not convey:__________________________________________________________________

_________________________________________________________________________________

B. As-Is Items. Seller will not warrant the condition or working order of the following items and/or

systems:__________________________________________________________________________

_________________________________________________________________________________

C. As-Is Marketing. Seller  does OR  does not authorize Broker to offer the entire Property in

“As-Is” condition.

D. Leased Items, Systems, and/or Service Contracts. Any leased items, systems, or service

contracts (including, but not limited to, termite or pest control, home warranty, fuel tanks, water

treatment systems, lawn contracts, security system monitoring, and satellite contracts) DO NOT

CONVEY absent an express written agreement by buyer and Seller. The following is a list of the

leased items within Property:_________________________________________________________

_________________________________________________________________________________

10. HOMEOWNER WARRANTY. Seller has the option to purchase a homeowner warranty, which

can be in effect during the Agreement Term and will transfer to the buyer upon settlement. Seller

should review the scope of coverage, exclusions, and limitations.

Cost not to exceed $____________ Warranty provider to be _______________________________

11. UTILITIES; MAJOR SYSTEMS. (Check all that apply)

Hot Water:  Oil  Gas  Electric  Other Number of Gallons

Air Conditioning:  Oil  Gas  Electric  Heat Pump  Other __________  Zones______

Heating:  Oil  Gas  Electric  Heat Pump  Other __________  Zones______

Water Supply:  Public  Private Well  Community Well

Sewage Disposal:  Public  Septic, approved for #_____ of Bedrooms

Type of Septic System:  Community  Conventional  Alternative  Experimental

Section 32.1-164.1:1 of the Code of Virginia requires Seller to disclose whether the onsite septic system

serving Property is operating under a waiver of repair and/or maintenance requirements imposed by the

State Board of Health. If the septic system is operating pursuant to a waiver, then Seller must provide the

buyer with the “Disclosure Regarding Validity of Septic System Permit” prior to contract ratification.

Such waiver is not transferable to the buyer.

Seller represents that the septic system  is OR  is not operating under a waiver from the State Board

of Health.

12. BROKER DUTIES. Broker will perform, and Seller hereby authorizes Broker to perform, the

following duties. In performing these duties, Broker will exercise ordinary care, comply with all

applicable laws and regulations, and treat all parties honestly.

A. Broker will protect and promote the interests of Seller and will provide Seller with services

consistent with the standards of practice and competence that are reasonably expected of licensees

engaged in the business of real estate brokerage. Seller acknowledges that Broker is bound by the

bylaws, policies and procedures, and rules and regulations governing the Multiple Listing Service

(MLS), the Code of Ethics of the National Association of REALTORS

, the Code of Virginia, and

the Regional Rules and Regulations for the electronic lockbox system.

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B. Broker will use reasonable efforts and act diligently to seek buyers for Property at the price and

terms stated herein or otherwise acceptable to Seller, to negotiate on behalf of Seller, to establish

strategies for accomplishing Seller’s objectives, to assist in satisfying Seller’s contractual

obligations, and to facilitate the consummation of the sale of Property.

C. Broker will market Property, at Broker’s discretion, including without limitation, description,

interior and exterior photographs in appropriate advertising media, such as publications, mailings,

brochures, and internet sites; provided, however, Broker will not be obligated to continue to market

Property after Seller has accepted an offer.

D. Broker will present all written offers or counteroffers to and from Seller in a timely manner, even

if Property is subject to a ratified contract of sale, unless otherwise instructed by Seller in writing.

E. Broker will not continue to market, show and/or permit showings after Property is subject to a

ratified contract of sale, unless otherwise instructed by Seller in writing.

F. Broker will account, in a timely manner, for all money and property received in trust by Broker,

in which Seller has or may have an interest.

G. Broker will show Property during reasonable hours to prospective buyers and will accompany or

accommodate, as needed, other real estate licensees, their prospective buyers, inspectors, appraisers,

exterminators, and other parties necessary for showings and inspections of Property, to facilitate

and/or consummate the sale of Property.

Broker agrees that the showing instructions to be shared with other real estate licensees and

their prospective buyers are as follows: _______________________________________________

_________________________________________________________________________________

Broker  will OR  will not install an electronic lockbox on Property to allow access and

showings by persons who are authorized to access Property.

H. Broker  will OR  will not install “For Sale” signs on Property, as permitted. Seller is

responsible for clearly marking the location of underground utilities, equipment or other items that

may be damaged by the placement of the sign.

13. MARKETING/MLS/INTERNET ADVERTISING.

A. MLS Marketing.  Seller authorizes OR  Seller does not authorize Broker to market

Property via the Multiple Listing Service (“MLS”).

1. If Seller authorizes Broker to market Property in MLS, Broker will disseminate, via MLS,

information regarding Property, including listing price(s), final sales price, all permissible terms,

and all status updates during and after the expiration of Agreement. Broker will enter the listing

information into MLS within two (2) days of Listing Term, or as MLS rules require.

2. If Seller does not authorize Broker to market Property via MLS, Broker will instead market

Property as an Office Exclusive Listing unless and until Seller desires to market Property via

MLS. “Office Exclusive Listing” means Seller instructs Broker to restrict marketing of Property

only to Broker’s network. For each Office Exclusive Listing, Seller will sign and deliver

concurrently with Agreement an MLS-required form certifying that Seller does not authorize

Broker to publicly market the listing via MLS or any syndicated websites. Broker will enter the

listing information into MLS within two (2) days of Listing Term, or as MLS rules require.

B. Third Party Websites.  Seller authorizes OR  Seller does not authorize Broker marketing

Property through MLS or other means to also make listing data available to third-party websites.

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Seller understands that the listing data may get disseminated to third-party websites through means

other than MLS regardless of the selection above. Seller acknowledges that the accuracy of the

listing data is controlled by the third-party websites and is outside of Broker’s control. The parties

agree and understand that third-party websites include: 1) Broker’s internet website; 2) the internet

websites of licensed real estate salespersons or associate real estate brokers affiliated with Broker or

other brokers participating in MLS; 3) any other internet websites (such as syndicated websites) in

accordance with applicable MLS rules and regulations; and/or 4) social and printed media.

C. In the event Seller has opted into marketing Property in the MLS in subparagraph A above,

Broker is hereby authorized by Seller to submit and market Property as follows:

 Seller authorizes OR  Seller does not authorize the display of Property address on any

internet website. In the event Seller does not authorize the display of the property address, only

the ZIP code will be displayed.

 Seller authorizes OR  Seller does not authorize the display of unedited comments or reviews

of Property (or display a hyperlink to such comments or reviews) on MLS participants’ internet

websites. This provision does not control the display of such comments on third-party websites

such as syndicated websites.

 Seller authorizes OR  Seller does not authorize the display of an automated estimate of the

market value of Property (or a hyperlink to such estimate) on MLS participants’ internet

websites. This provision does not control the display of such estimated value of Property on

third-party websites such as syndicated websites.

 Seller authorizes OR  Seller does not authorize the display of Buyer’s Broker Compensation,

if any, on any third-party website.

D. Coming Soon.  Seller authorizes OR  Seller does not authorize Broker to market Property

under “Coming Soon” status in MLS. If Seller authorizes Broker to market Property under “Coming

Soon” status in MLS, Broker will list Property under “Coming Soon” status in MLS within two (2)

days of Listing Term, or as MLS rules require. Broker may engage in pre-marketing activities prior

to the date that Property is marketed in MLS under “Active” status including, but not limited to: 1)

placing a “Coming Soon” sign on Property; 2) notifying agents with other firms that Property is

“Coming Soon”; and 3) placing advertisements and conduct other marketing activities at Broker’s

discretion. Broker will not show Property to prospective buyers or tenants and/or their agents while

under “Coming Soon” status.

E. During the term of Agreement, Seller may, by written notice to Broker, authorize Broker to

enable or disable use of any feature as described above. Broker agrees to update MLS database

accordingly.

14. TYPES OF REAL ESTATE REPRESENTATION - DISCLOSURE AND INFORMED

CONSENT.

Seller representation occurs by virtue of Agreement with Seller’s consent to use Broker’s services

and may also include any brokers representing buyers who act on behalf of Seller as subagent of

Broker. (Note: Broker may assist a buyer or prospective buyer by performing ministerial acts that are

not inconsistent with Broker’s duties as Seller’s listing agent under Agreement.)

Buyer representation occurs when buyers contract to use the services of their own broker (known

as a buyer representative) to act on their behalf.

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Designated representation occurs when a buyer and seller in one transaction are represented by

different sales associate(s) affiliated with the same broker. Each of these sales associates, known as a

designated representative, represents fully the interests of a different client in the same transaction.

Designated representatives are not dual representatives if each represents only the buyer or only the

seller in a specific real estate transaction. In the event of designated representatives, each

representative will be bound by client confidentiality requirements, set forth in the

CONFIDENTIAL INFORMATION paragraph. The broker remains a dual representative.

 Seller does not consent to designated representation and does not allow Property to be shown

to a buyer represented by this Broker through another designated representative associated with

the firm OR

 Seller consents to designated representation and allows Property to be shown to a buyer

represented by this Broker through another designated representative associated with the firm.

Dual representation occurs when the same broker and the same sales associate represent both the

buyer and seller in one transaction. In the event of dual representation, the broker will be bound by

confidentiality requirements for each client, set forth in the CONFIDENTIAL INFORMATION

paragraph.

 Seller does not consent to dual representation and Seller does not allow Property to be shown

to a buyer represented by this Broker through the same sales associate OR

 Seller consents to dual representation and allows Property to be shown to a buyer represented

by this Broker through the same sales associate.

An additional disclosure is required before designated or dual representation is to occur for a

specific transaction.

Broker will notify other real estate licensees via MLS whether Seller consents to designated or dual

representation.

15. CONFIDENTIAL INFORMATION. Broker will maintain the confidentiality of all personal and

financial information and other matters identified as confidential by Seller which were obtained by

Broker during the brokerage relationship, unless Seller consents in writing to the release of such

information or as otherwise provided by law. The obligation of Broker to preserve confidential

information continues after termination of the brokerage relationship. Information concerning latent

material defects about Property is not considered confidential information.

16. AUTHORIZATION TO DISCLOSE OTHER OFFERS. In response to inquiries from buyers or

brokers representing buyers, Broker may not disclose, without Seller’s authorization, the existence

of other written offers on Property. If Seller does give such authorization, Seller acknowledges that

Broker and sales associate(s) must disclose whether the offers were obtained by the listing agent,

another member of the listing Broker’s firm, or by a broker representing buyer.

Seller  does OR  does not authorize Broker and sales associate(s) to disclose such information

to buyers or brokers representing buyers.

17. COMPLIANCE WITH FAIR HOUSING LAWS. Property will be shown and made available

without regard to race, color, religion, sex, handicap, familial status, or national origin as well as all

classes protected by the laws of the United States, the Commonwealth of Virginia, and applicable

local jurisdictions, or by the REALTOR

Code of Ethics.

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18. RELOCATION PROGRAM.

Seller is participating in any type of relocation program:  Yes OR  No. If “Yes”, (a) the program

is named: ________________________________________________________________________

Contact name: __________________________ Contact info: ______________________________

and (b) terms of the program are:

If “No”, or if Seller has failed to list a specific relocation program, then Broker will have no

obligation to cooperate with or compensate any undisclosed program.

19. CONDOMINIUM ASSOCIATION. Seller represents that Property  is OR  is not located

within a development which is a Condominium or Cooperative, subject to the Virginia

Condominium Act, §55.1-1900, et seq. or the Virginia Real Estate Cooperative Act, §55.1-2100, et

seq. Condominiums or Cooperatives being offered for sale are subject to the receipt by buyers of the

required disclosures, and Seller is responsible for payment of appropriate fees and for providing

these disclosure documents to prospective buyers as prescribed in the Virginia Resale Disclosure

Act, §55.1-2307, et seq., of the Code of Virginia.

 Seller OR  Broker will order the association disclosure documents at Seller’s expense

 at the time of listing OR  within 3 days following the date of contract ratification OR 

_______________.

The Condominium or Cooperative dues are $__________ per ___________ (frequency of payment).

Special Assessment $____________ for _______________________________________________.

Condominium or Cooperative Association Name: _______________________________________

Management Company:_______________________________ Phone #: ____________________

Seller represents that Seller  is OR  is not current on all condominium association dues and/or

special assessments.

20. PROPERTY OWNERS’ ASSOCIATION. Seller represents that Property  is OR  is not

located within a development(s) which is subject to the Virginia Property Owners’ Association Act,

Section 55.1-1800, et seq., of the Code of Virginia. If Property is within such a development, Seller

is responsible for payment of the appropriate fees and for providing the resale certificate to the

buyers in accordance with the Virginia Resale Disclosure Act, §55.1-2307, et seq.

 Seller OR  Broker will order the association disclosure documents at Seller’s expense

 at the time of listing OR  within 3 days following the date of contract ratification OR 

__________________.

The Property Owners’ Association dues are $_________ per __________(frequency of payment).

Special Assessment $_________ for _________________________________________________.

Property Owners’ Association Name: ________________________________________________

Management Company: __________________________________ Phone #: ________________

Seller represents that Seller  is OR  is not current on all property owners’ association dues

and/or special assessments.

21. PROPERTY CONDITION. Seller acknowledges that Broker has informed Seller of Seller’s rights

and obligations under the Virginia Residential Property Disclosure Act. Property  is OR  is not

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exempt from the Act. If not exempt, Seller has completed and provided to Broker a Residential

Property Disclosure Statement, or any other applicable disclosures as may be required.

Seller acknowledges Broker may receive, from Seller or otherwise, reports, surveys, plats, home

inspection(s), appraisal(s), homeowner or other third-party warranty information or other similar

document(s) concerning Property (“Property Report(s)”). Seller acknowledges Broker is required

to disclose to prospective buyers all material adverse facts pertaining to the physical condition

of Property actually known by Broker, including any such facts contained in Property

Reports. Broker will not, however, be obligated to discover latent defects in Property or to advise on

property condition matters outside the scope of Broker’s real estate license. Seller may authorize

Broker to deliver any Property Report(s) to prospective buyer(s). Seller will indemnify, save, and

hold Broker harmless from all claims, complaints, disputes, litigation, judgments and attorney’s fees

arising from any misrepresentation by Seller or authorized delivery of Property Reports.

22. LEAD-BASED PAINT DISCLOSURE. Seller represents that the residential dwelling(s) at

Property  were OR  were not constructed before 1978. If the dwelling(s) were constructed

before 1978, Seller is subject to federal law concerning disclosure of the possible presence of lead-

based paint at Property, and Seller acknowledges that Broker has informed Seller of Seller’s

obligations under the law. If the dwelling(s) were constructed before 1978, unless exempt under 42

U.S.C. 4852(d), Seller has completed and provided to Broker the form, “Sale: Disclosure and

Acknowledgment of Information on Lead-Based Paint and/or Lead-Based Paint Hazards” or

equivalent form.

23. CURRENT LIENS. Seller represents to Broker that the below information is true and complete to

the best of Seller’s information, knowledge, and belief and Seller understands that any loans

identified below will be paid off at settlement: (Check all that are applicable.)

A.  Property is not encumbered by any mortgage or deed of trust (If box is checked, skip to G).

B.  Property is security for a first mortgage or deed of trust loan held by __________________

_________________________ (Lender Name) with an approximate balance of $______________.

This loan is  Conventional OR  FHA or  VA or  _________________________________.

C.  Property is security for a second mortgage or deed of trust loan held by _________________

_________________________ (Lender Name) with an approximate balance of $______________.

D.  Property is security for a line of credit or home equity line of credit held by ______________

_________________________ (Lender Name) with an approximate balance of $_______________.

E.  Seller is current on all payments for the loans identified above.

F.  Seller is not in default and has not received any notice(s) from the holder(s) of any loan

identified above, or from any other lien holder of any kind, regarding a default under any loan,

threatened foreclosure, notice of foreclosure, or the filing of foreclosure.

G.  There are no liens secured against Property for federal, state, or local income taxes; unpaid

real property taxes; or unpaid condominium or homeowners’ association fees or special assessments.

H.  There are no judgments against Seller (including each owner for jointly held property). Seller

has no knowledge of any matter that might result in a judgment that may potentially affect Property.

I.  Seller has not filed for bankruptcy protection under Federal law and is not contemplating

doing so during the term of Agreement.

In the event Property is encumbered by a loan, Seller further agrees that Seller will promptly

NVAR – K1336 – rev. 7/24 Page 10 of 14

disclose the name and contact information for the lender and account number to the Settlement

Agent identified in a contract for the sale of the Property.

During the term of Agreement, should any change occur with respect to answers A through I above,

Seller will immediately notify Broker and sales associate/listing agent, in writing, of such change.

24. SELLER FINANCING. Seller  does OR  does not agree to offer seller financing by providing

a _______ deed of trust loan in the amount of $______________ with further terms to be negotiated.

25. CLOSING COSTS. Fees for the preparation of the deed of conveyance, that portion of the

settlement agent’s fee billed to Seller, costs of releasing existing encumbrances, Seller’s legal fees,

Grantor’s Tax, and any other proper charges assessed to Seller will be paid by Seller unless provided

otherwise in the sales contract.

The “Seller’s Estimated Cost of Settlement” form  is OR  is not attached. These estimates are

for informational purposes only and will change based upon the terms and conditions of the purchase

offer.

26. SELLER PROCEEDS. Seller acknowledges that Seller’s proceeds may not be available at the time

of settlement. The receipt of proceeds may be subject to Section 55.1-903 of the Code of Virginia,

commonly referred to as the Virginia Wet Settlement Act, and may be subject to other laws, rules

and regulations.

27. IRS/FIRPTA. Section 1445 of the Internal Revenue Service (IRS) Code may require a buyer or the

settlement agent to report the gross sales price, Seller’s federal tax identification number and other

required information to the IRS. Seller will provide to a buyer or the settlement agent such

information upon request. In certain situations, the IRS requires a percentage of the sales price to be

withheld from Seller’s proceeds if Seller is a Foreign Person as defined by FIRPTA.

Seller  is OR  is not a “Foreign Person” as defined by FIRPTA.

28. SELLER DUTIES AND RESPONSIBILITIES.

A. Seller Duties. Seller will: (a) work exclusively with Broker during the term of Agreement; (b)

pay Broker, directly or indirectly, the compensation set forth above; (c) timely comply with the

reasonable requests of Broker to supply any pertinent financial or personal data needed to fulfill the

terms of Agreement; (d) cooperate with Broker and facilitate Broker’s duties, including, but not

limited to, marketing the property, reviewing offers, and showing the property; and (e) comply with

local, state, and federal law(s) pertaining to this transaction.

B. Seller Representations and Warranties. Seller is aware that Seller may be responsible for

failing to disclose information and/or misrepresenting the condition of Property. Seller certifies the

accuracy of the information provided to the Listing Broker and Seller warrants:

1. Seller has capacity to convey good and marketable title to Property by general warranty deed and

represents that Property is insurable by a licensed title insurance company with no additional risk

premium.

2. Seller is not a party to a listing agreement with another broker for the sale, exchange, or lease of

Property.

3. No person or entity has the right to purchase, lease or acquire Property, by virtue of an option,

right of first refusal or otherwise.

4. Seller  is OR  is not a licensed (active/inactive) real estate agent/broker.

NVAR – K1336 – rev. 7/24 Page 11 of 14

5. Seller  has OR  has no knowledge of the existence, removal, or abandonment of any

underground storage tank on Property.

6. Property  is OR  is not tenant-occupied.

7. Seller  has OR  does not have an audio and/or video recording system (“Surveillance

System”) on Property. In the event there is a Surveillance System on Property, Seller understands

that use of such Surveillance System may result in violation of state and/or federal law if consent

to record is not given in accordance with the law. Seller hereby releases and holds harmless

Broker, Broker’s designated agents, sub-agents, sales associates, and employees from any

liability which may result from the listening/recording of audio and/or video on Property.

C. Access to Property. Seller will provide keys to Broker for access to Property to facilitate

Broker’s duties under Agreement. Seller will allow Broker’s unlicensed assistants in Property to

perform ministerial acts as defined by 18VAC135-20-165.

If Property is currently tenant-occupied, Seller will provide Broker with any current lease documents

and contact information for current tenant and will use best efforts to obtain the full cooperation of

current tenants, in connection with showings and inspections of Property.

D. Seller Assumption of Risk.

1. Seller retains full responsibility for Property, including all utilities, maintenance, physical

security, and liability until title to Property is transferred to buyer. Seller is advised to take all

precautions for safekeeping of valuables and to maintain appropriate property and liability

insurance through Seller’s own insurance company.

Broker is not responsible for the security of Property or for inspecting Property on any periodic

basis. If Property is or becomes vacant during the Agreement Term, Seller is advised to notify

Seller’s homeowner’s insurance company and request a “Vacancy Clause” to cover Property.

2. In consideration of the use of Broker’s services and facilities and of the facilities of any MLS,

Seller and Seller’s heirs and assigns hereby release Broker, Broker’s designated agents, sub-

agents, sales associates and employees, any MLS and the directors, officers and employees

thereof, including officials of any parent Association of REALTORS®, except for malfeasance

on the part of such parties, from any liability to Seller for vandalism, theft or damage of any

nature whatsoever to Property or its contents that occurs during the Agreement Term. Seller

waives any and all rights, claims and causes of actions against them and holds them harmless for

any property damage or personal injury arising from the use or access to Property by any persons

during Agreement Term.

29. SELLER DEFAULT.

A. Seller Default. In the event of Seller breach as set forth herein, such shall constitute Seller default

and will serve as good cause for Broker to terminate Agreement. Upon such breach, Broker may, at

Broker’s option, provide Seller a Notice to Terminate Brokerage Representation Agreement. Upon

Delivery of Notice, the Agency Relationship between the Parties will cease. Both parties will

subsequently and immediately execute a Release of Brokerage Representation to terminate the

Brokerage Relationship between the Parties and all respective rights and obligations of the Parties

arising under Agreement will terminate, exclusive of Broker’s duties in this Paragraph. If the Seller

refuses to execute the Release when requested to do so in writing and a court finds that Seller should

have executed the Release, Seller will pay the expenses, including, without limitation, reasonable

attorney’s fees and costs, incurred by Broker in any litigation regarding this matter.

NVAR – K1336 – rev. 7/24 Page 12 of 14

B. Broker Duties Upon Termination. In the event Broker terminates Agreement prior to the

expiration of Agreement, Broker will promptly deliver to Seller copies of all contracts and other

instruments entered into on behalf of Seller, remove Property from any listing services, and return to

the Seller any keys to Property, if applicable. Broker may retain copies of such contracts and

instruments for Broker’s records.

30. MISCELLANEOUS PROVISIONS.

A. Appropriate Professional Advice. Seller acknowledges that Broker is being retained solely as a

real estate agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer,

mold or air quality expert, home inspector, solar panel expert, or other professional service provider.

Broker can counsel on real estate matters, but if Seller desires legal advice, Seller is advised to seek

legal counsel. Seller is advised to seek appropriate professional advice concerning the Property

condition, financing, tax, title insurance, property insurance and legal matters.

B. Service Provider Referrals. Broker or Broker’s sales associates may refer a service provider to

assist Seller in this transaction. This referral is not an endorsement, guarantee or warranty as to the

quality, cost and/or timeliness of the services to be provided. Seller is advised to independently

investigate all options for service providers and consider whether any service provider will work

effectively with Seller. Seller is free to reject any referred service provider for any or no reason.

C. Wire Fraud. Seller should never transmit nonpublic personal information, such as credit or

debit card, bank account or routing numbers, by email or other unsecured electronic communication.

There are numerous e-mail phishing scams that involve fraudulent requests to wire funds in

conjunction with a real estate transaction. If Seller receives any electronic communication directing

the transfer of funds or to provide nonpublic personal information, even if that electronic

communication appears to be from a representative of Broker, do not respond. Such requests, even if

they may otherwise appear to be from Broker, could be part of a scheme to defraud Seller by

misdirecting the transfer of sale proceeds or using Seller’s identity to commit a crime. If Seller

should receive wiring instructions via electronic means that appear to be from a legitimate source

involved in Seller’s real estate transaction, Seller should verify—using contact information other

than that provided in the communication—that the instructions were sent by an actual representative

of the requesting company. Conversely, if Seller has provided wiring instructions to a third party, it

is important to confirm with the representative of said company that the wire instructions are not to

be substituted without Seller’s verified written consent. When wiring funds, never rely exclusively

on an e-mail, fax, or text communication.

D. Subsequent Offers After Contract Acceptance. After a sales contract has been ratified on

Property, Broker recommends Seller obtain the advice of legal counsel prior to acceptance of any

subsequent offer.

E. Governing Law. The laws of the Commonwealth of Virginia will govern the validity,

interpretation, and enforcement of Agreement, without regard to the application of conflict of laws.

F. Binding Agreement. Agreement will be binding upon the parties, and each of their respective

heirs, executors, administrators, successors and permitted assigns. The provisions hereof will survive

the sale of Property and will not be merged therein. Agreement, unless amended in writing by the

parties, contains the final and entire agreement and the parties will not be bound by any terms,

conditions, oral statements, warranties, or representations not herein contained.

NVAR – K1336 – rev. 7/24 Page 13 of 14

G. Severability. In the event any provision in Agreement is determined to be unenforceable, the

remaining terms and provisions of Agreement shall not in any way be affected, impaired, or

invalidated thereby.

31. ATTORNEYS’ FEES. If any Party breaches Agreement and a non-breaching Party retains legal

counsel to enforce its rights hereunder, the non-breaching Party will be entitled to recover against the

breaching Party, in addition to any other damages recoverable against any breaching Party, all of its

reasonable Legal Expenses incurred in enforcing its rights under Agreement, whether or not suit is

filed, and in obtaining, enforcing and/or defending any judgment related thereto. Should any tribunal

of competent jurisdiction determine that more than one Party to the dispute has breached Agreement,

then all such breaching Parties will bear their own costs. However, if the tribunal determines that one

or more of the Parties is a “Substantially Prevailing Party,” any such Substantially Prevailing Party

will be entitled to recover from any of the breaching Parties, in addition to any other damages

recoverable against any breaching Party, all of its reasonable Legal Expenses incurred in enforcing

its rights under Agreement, whether or not suit is filed, and in obtaining, enforcing and/or defending

any judgment related thereto. “Party” as used in this paragraph includes any third-party beneficiary

identified herein. “Legal Expenses” as used in this paragraph includes attorneys’ fees, court costs,

and litigation expenses, if any, including, but not limited to, expert witness fees, and court reporter

fees.

32. DEFINITIONS.

A. “Agency Relationship” means the relationship in which a real estate licensee acts for or

represents a person as an agent by such person’s express authority in a real estate transaction.

B. “Brokerage Relationship” means the contractual relationship between a client and a real estate

licensee based on the terms, provisions, conditions, duties, and responsibilities of Agreement.

33. ADDITIONS. The following forms, if ratified an attached, are made a part of Agreement. This list

is not all inclusive of addenda that may need to be attached.

 Short Sale Addendum

 Solar Panel Addendum

 Other (specify): ______________________________________

34. ADDITIONAL TERMS. ___________________________________________________________

____________________________________________________________________________________

NVAR – K1336 – rev. 7/24 Page 14 of 14

_______ / _____________________________ _______ / _____________________________

Date Seller Date Broker

_______ / _____________________________

Date Seller

_______ / _____________________________

Date Seller

_______ / _____________________________

Date Seller

******************************************************************************

Sales Associate Contact Information

Sales Associate (Listing Agent): ___________________________________________________

Team Name (if applicable): _______________________________________________________

Phone: (W) ____________________________ (Cell) __________________________________

Email: ________________________________________________ Fax: ___________________

Supervising Broker Contact Information

Broker Name: __________________________________________________________________

Phone: (W) ____________________________ (Cell) __________________________________

Email: ________________________________________________ Fax: ___________________

, Inc.

This is a suggested form of the Northern Virginia Association of REALTORS

This form may only be used by REALTORS

and other members in good standing with NVAR and the National

Association of REALTORS

. Reproduction or resale of this form, in whole or in part, or the use of the name NVAR in

connection with any other form, is prohibited without prior written consent from NVAR.