Listing Agreement Additional Terms and Conditions
Additional Terms and Conditions:
a. Parties. All undersigned individuals and/or entities in a Listing Agreement, including but not limited to ReLISTO and signing Landlord.
b. Property Profile. Document which describes a unit or units, owned by Landlord which Landlord has engaged Broker to lease on Landlord’s behalf.
c. Property. The Premises which Landlord has engaged Broker to lease on Landlord’s behalf.
d. Listing Agreement. This document, which legally binds ReLISTO with Landlord of the Premises. Legal execution of this document binds all Parties to all documents which comprise the Entire Agreement.
e. Entire Agreement. This term means and refers to the Listing Agreement and all the documents attached and incorporated thereto.
f. Leasing Commissions: Commissions specific to finding a qualified tenant for Landlord
g. Tenant. A tenant or tenants who have signed a Lease prepared by ReLISTO.
h. Lease. A rental agreement between Landlord and Tenant.
i. 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.
j. Duration: As used in Section 4: Fee Schedule & Services: This is the time which will be utilized to calculate Leasing Commissions.
i. “Annualized”, Lease commission is based on one single year of gross rents.
ii. “Term of Lease” Lease commissions are calculated based on the term of the lease.
iii. “Term of the Tenants Stay” Lease commissions are calculated based on the term of the Lease and include any carryover for a term not to exceed 2 years.
2. Acknowledgements. Landlord acknowledges that upon signing a Listing Agreement with ReLISTO, they have read and filled each field in the “Property Profile” with the understanding that the terms in the Property Profile will be used in the lease agreement between Tenant and Landlord.
3. Authorization of 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 between Landlord and Tenant. 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 concerning 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 for any prospective Tenant submitted to Landlord by Broker who rents the Premises within one year of the expiration of the Listing Agreement.
6. Tenant Recommendation. Broker will present through an online portal all completed Tenant rental applications and associated credit reviews and references to Landlord for Landlord’s review, consideration and selection. If Landlord wishes to meet prospective Tenants, the meeting must occur within 24 hours of the applications being presented to the Landlord. Broker cannot guarantee the accuracy of the information used to verify a prospective tenant when its provided to Broker by outside sources or individuals.
7. Fair Housing. Landlord understands that Broker will abide by al State and Federal Fair Housing Laws.
8. Images. Landlord acknowledges that once Images are placed on the Internet neither Landlord or Broker has control over who can view such Images and what use viewers may make of the Images, or how long such Images may remain available on the Internet. Landlord acknowledges that prospective residents and/or other persons coming onto the property may take photographs, videos or other images of the property. Landlord understands that Broker does not have the ability to control or block the taking and use of Images by any such persons.
9. Dispute Resolution. Landlord and Broker agree to mediate any dispute or claim between them concerning the terms and obligations of this 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 Listing Agreement.
This section 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 meditation is unsuccessful and Landlord or Broker initiate arbitration or court proceedings, the prevailing party shall be entitled to recover all costs, including attorney fees which is necessary to enforce the terms of this Agreement Unless forfeited by breach of Section 9 “Dispute Resolution”, any arbitrator is authorized and required to award attorney fees to the prevailing party in action between the Parties hereto to enforce the terms of this Listing Agreement. The term prevailing party shall have the meaning as set forth in Section 1032(a)(4) of the California Code of Civil Procedure.
11. Severability. If any provision of this Listing Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Listing Agreement will be severable and remain in effect.
12. Applicable Law. This Listing Agreement shall be interpreted under the laws of the State of California.
13. Notices. All notices and other communications in connection with the Listing Agreement shall be in writing and shall be deemed received as follows:
a. On the date of delivery, when delivered personally to the recipient’s address as stated on the Listing Agreement; or
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. On the date of transmission, when sent by email to recipient’s email address as stated on the Listing Agreement, provided that a duplicate copy of the email, with all attachments, is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
14. Modification. The Listing Agreement may only be amended by a writing signed by both Broker and Landlord, except for modifications discussed in the “Additional Listings” section of this Listing Agreement.
15. Additional Listings. Broker may agree to provide Landlord with additional listing services for properties not originally identified in this Listing Agreement. Landlord must provide Broker with keys, a current property profile, or both for each additional property added to Broker’s listing services. Listing services for these additional properties shall be governed by the terms of this Listing Agreement. Broker reserves the right to refuse any additional listing services requested by Landlord which were not included in the original Listing Agreement.
16. 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. Broker’s obligation to commence leasing activity under this Listing Agreement 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 Listing Agreement in any instance shall be construed as a waiver or relinquishment of any right by such Party to insist upon strict compliance with the Listing Agreement in the future. A waiver of any right under this Listing Agreement by any Party is effective only upon written notice of such waiver to the other Party.
20. Services Definition
a. One Year Guarantee. When “One Year Guarantee” is checked in Section 4 and when the Broker secures a one-year lease, the Broker guarantees to the Landlord the Tenant(s)will remain in the Premises for one full year. One Year Guarantee cannot be applied to lease terms shorter or longer than one year. If the Tenant(s)terminates the lease early, in no part due to the actions of the Landlord, Broker, with Owner permission, will solicit replacement Tenant(s) 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 authorizes Broker to seek reimbursement for said leasing fees 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. Exclusive service offer for furnished, executive housing where the lease term is less than 12 months. If selected, Broker will reimburse Landlord for damages up to $1,500.00. Full details of program may be found at: https://relistodev.wpengine.com/legal/#damage protection plan. Terms subject to change.
21. Rent Controlled Properties. Landlord acknowledges that the Tenant who is protected by San Francisco’s Rent Ordinance is afforded a great many guarantees which may allow them to remain in your Premises past the agreed upon lease termination date. As such, Broker cannot guarantee a Tenant will terminate their Tenancy upon the agreed upon lease end date.
22. Exclusive. If Section 3: Unless “non exclusive” is initialed by the Landlord, Listing Agreement is Exclusive and the following Early Termination Clause is binding for the Landlord. Early Termination. If Landlord, with an Exclusive Agreement, terminates this Listing Agreement before the Listing Agreement expires, there is a $800.00 setup fee due to Broker. If Broker has presented a qualified Tenant to Landlord prior to termination of the previous tenancy, Broker will be entitled to full commissions for the replacement Tenant from Landlord.
23. Broker is entitled to retain its commission for services rendered under this Listing Agreement notwithstanding any default by Tenant under the Lease, including nonpayment of rent, early termination, or any other Tenant breach.