Listing Agreement Additional Terms and Conditions
a. Landlord. A landlord or landlords who have signed a Listing Agreement with ReLISTO
b. Parties. All undersigned individuals and/or entities in a Listing Agreement, including but not limited to ReLISTO and signing landlords.
c. Property Profile. Document which describes a unit or units, owned by Landlord, which Landlord has engaged Broker to lease on Landlord’s behalf.
d. Property. The Premises which Landlord has engaged Broker to lease on Landlord’s behalf
e. Listing Agreement. Document titled “Listing Agreement, Authorization to Lease or Rent”, which legally binds ReLISTO with Owner(s) of the Premise. ). Legal execution of this document binds all signing parties to all documents which comprise the Entire Agreement.
f. Entire Agreement. This term means and refers to all the documents which form the entire agreement between Landlord and Broker
g. Broker. ReLISTO, a California Real Estate Corporation, located at 1318 Hayes Street, San Francisco, California 94117.
h. Premises. Refers to the unit described a signed Property Profile
i. Tenant. A tenant or tenants who have signed a Lease prepared by ReLISTO
j. Lease. A rental agreement between Landlord and Tenant
k. Term. The full length of the Tenant occupancy, till the Tenant vacates the property.
l. Property Management Agreement. Document titled “Management Agreement” which may be used in conjunction with Listing Agreement. where Broker is responsible to manage Premises on behalf of the Landlord. Legally binds ReLISTO with Owner(s) of the Premise to manage Owner’s) Premises.
m. Duration: Duration is the time period which will be utilized to calculate commissions.
i. “Annualized”, Commissions is based on one single year of gross rents., regardless of the actual Term of the tenancy
ii. “Term” Commissions are calculated based on the full duration of the Tenants stay. In the case the Tenant renews, past the initial lease period, additional commissions will be earned by Broker.
2. Acknowledgements. Landlord acknowledges that upon signing a Listing Agreement with ReLISTO, Landlord acknowledges they have read and filled each field in the “Property Profile”, and agree to be bound by the terms and conditions contained herein. Landlord also acknowledges that if Broker signs a lease on behalf of Landlord that the terms found in the Property Profile will be used in the lease agreement between Tenant and Landlord.
3. Authorization of Landlord. If there is more than one Landlord, the signature of only one Landlord in the Listing Agreement is an express representation by the signing Landlord that he/she/it is authorized to obligate all other owners of the property to terms of the Listing Agreement, and further that all owners of the property are jointly and severally responsible for any payment due under this agreement.
4. Lease Agreement. It is expressly understood by Landlord that the residential tenancy agreement will be an agreement between Landlord and a to-be-determined Tenant only, and that Broker and Broker’s agents are not a party to any residential tenancy agreement that results from a signed Listing Agreement. Landlord expressly acknowledges that Broker and Broker’s agents are not responsible for enforcing any residential tenancy agreement entered into between Landlord and Tenant. Further, Broker and Broker’s agents make no representation as to the legal status of any Premises for which Broker and/or Broker’s agents agree to list pursuant to the Listing Agreement. It is expressly understood by Landlord that Landlord is solely responsible for complying with all applicable laws, ordinances, and regulations with regard to the legal status of any Premises listed pursuant to the Listing Agreement.
5. Compensation. It is expressly agreed between the Parties herein that Broker will retain said compensation from any advanced money collected by Broker from Tenant. Landlord agrees to pay compensation to the broker as set forth in the Listing Agreement in the event that any prospective Tenant submitted to Landlord by Broker rents the Premises within one year of the expiration of the listing period.
6. Tenant Recommendation. Broker will present all completed applications to the Landlord for their review, consideration and selection. If Landlord wishes to meet prospective tenants, meeting must occur within 48 hours. While the information that Broker obtains is from sources deemed reliable, Broker does not guarantee the accuracy of the information provided as to prospective Tenants by outside sources.
7. Fair Housing. Landlord understands that Broker will abide by all Fair Housing Laws.
8. Signage. Landlord authorizes Broker to display signage at the Premises for the purpose of marketing and advertising Premises.
9. Dispute Resolution. Landlord and Broker agree to mediate any dispute or claim between them concerning the terms of and the obligations of the Parties to a signed Listing Agreement before resorting to arbitration or court proceedings. The cost of mediation shall be shared equally between the Parties. If a party initiates arbitration or court proceedings without first attempting to mediate the matter or refuses to mediate after a request for mediation has been made, that party shall not be entitled to recover attorney fees that might otherwise be recoverable under this agreement.
This section of the Agreement, concerning mediation and arbitration, shall not apply if the amount in controversy is within the jurisdictional amount of the California Small Claims Court system.
10. Costs of Dispute Resolution. In the event that any action or proceeding is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs of the action, including attorney fees. Any arbitrator is authorized and required to award attorneys fees to the prevailing party in action between the Parties hereto to enforce the terms of this agreement. The term prevailing party shall have the meaning as set forth in Section 1032 of the California Code of Civil Procedure.
12. Entire Agreement. Four documents cumulatively comprise the entire agreement between Landlord and Broker. These documents, as titled in each document heading are as follows:
a. “Listing Agreement”
b. “Additional Terms and Conditions” (this document)
c. “Property Profile”
d. “Lockbox Disclosure” The Lockbox Disclosure may be omitted based on the listing.
e. “Management Agreement”. The Management Agreement is specific to properties in which ReLISTO will manage,
No other agreement, statement, or promise made on or before the effective date of the agreement, as contained in the Listing Agreement, will be binding on the Parties.
13. Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
14. Applicable Law. This agreement shall be interpreted under the laws of the State of California.
15. Notices. All notices and other communications in connection with the Agreement shall be in writing and shall be considered given as follows:
a. When delivered personally to the recipient’s address as stated on the Listing Agreement.
b. Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on the Listing Agreement, or
c. When sent email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
d. Fax messages are no longer utilized by Broker
16. Modification. Any part of Entire Agreement may be amended only by a writing signed by both Broker and Landlord, with the exception of modifications discussed in the “Additional Listings” section of this document.
17. Additional Listings. Landlord agrees that future listings will be bound to the terms in the signed listing agreement, as well as these additional terms and conditions, once Landlord has provided ReLISTO with a set of keys and/or a current property profile for the property corresponding to the keys.
18. Landlord Duties. For units that are not vacant, or if construction or repairs are underway, the listing period begins the day the unit is vacant and in move in condition. ReLISTO’s obligation to commence leasing activity does not begin until all renovations, repairs and cleaning of the Premises are completed by the Landlord such that the Premises is in a move in condition.
19. Non-Waiver. No failure by a Party to insist upon strict compliance by the other Party with any of the terms, provisions, or conditions of this Agreement in any instance shall be construed as a waiver or relinquishment by such Party to insist upon strict compliance in the future.
20. Services Definition
a. One Year Guarantee. When One Year Guarantee is checked in Section 4, Broker guarantees to the Landlord that the tenant(s), secured by Broker, will remain in the Premises for the full duration noted on their Agreement. If the Tenant terminates the lease early, in no part due to the actions of the Landlord, ReLISTO with Owner permission will list and seek replacement tenants for the Landlord. Leasing fees to secure replacement Tenant(s), will be paid to Broker by Landlord utilizing any unused security deposit funds. If insufficient security deposit funds are available Landlord will reimburse Broker what remains of the Security deposit and agrees to give authority to Broker to seek reimbursement directly from the Tenants. If Broker fails to secure payment from Tenant(s), Landlord will not be held responsible for reimbursement. Offer is valid exclusively for lease terms of one year where Owner and Broker have executed an exclusive agreement to rent .
b. Damage protection plan. Exclusively for furnished, executive housing where lease term is less than 12 months in duration. If selected ReLISTO will reimburse Landlord for damages up to $1,500.00. Full details of program may be found at: https://www.relisto.com/legal/#damage protection plan. Terms subject to change.
21. Additional Services Provided by Broker. Services included as part of this Agreement are limited to the items listed in Section 4. Broker does offer additional services including rent collection, property management and move in and move out services. If desired, your Agent can sign you up!
If Section 3. Exclusive Agreement in the Listing Agreement is initialed by the Owner, the following Early Termination Clause is binding for the Landlord.
23. Early Termination. If Landlord , with an Exclusive Agreement, terminates the signed Listing Agreement before the Listing Agreement expires , there is a $800.00 setup fee due to ReLISTO. If ReLISTO has presented a qualified Tenant prior to termination, Broker will be eligible for full commissions.
24. ReLISTO is entitled to retain its commission whether or not the Tenant actually pays rent or remains in possession of the Premises for the full duration of the lease term