EXCLUSIVE RIGHT OF SALE LISTING

EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT

COPYRIGHTED and SUGGESTED FOR USE BY SUBSCRIBERS OF

THE NORTHEAST FLORIDA MULTIPLE LISTING SERVICE, INC.

THIS EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT (“Agreement”) is made by:

___Nu Age Realty, Inc.__ (“BROKER”) and ______________________________________________(“SELLER”),

who agree as follows (as completed or marked):

NOTE: Under Florida law the sale of your principal residence requires your spouse to sign

the deed at closing even if your spouse’s name is not on your present deed.

1. DESCRIPTION OF PROPERTY (the “Property”):

(A) ADDRESS: ___________________________________________________ Zip: ________________

The Property is in __________________ County, Florida and is described as follows (if lengthy, attach legal

description): ________________________________________________________________________________

______________________________________________________________________________________________

__________________________________________________________________________________

Real Estate Assessment #(s) (optional) __________________________________________________________

(B) Personal Property Included: The Property will include all fixed equipment such as, but not limited to,

automatic garage door opener & control(s), if any, drapery hardware, attached lighting fixtures, mailbox, all ceiling

fans, fence, plants and shrubbery, all as now installed on the Property, and these additional items:

______________________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________________

(D) Possession: There [ ] are [ ] are not parties in possession of the Property other than SELLER.

Possession will be given the buyer at closing unless otherwise specified herein

__________________________________________________________________________________________. If

the Property is rented, the lease term expires: ______________________; the rent due date is the _______ day

of the month; the rental amount is $________________ per month; and the security deposit is

$________________.

2. AUTHORITY TO SELL PROPERTY: SELLER grants BROKER the exclusive right to sell the Property at the

price and upon the terms described below, or any other price and terms acceptable to SELLER, for an exclusive listing

term beginning _______________________, _______, and terminating at 11:59 p.m. on

____________________________, _______. Upon acceptance of a contract for sale of the Property, all rights and

obligations under this Agreement will extend through the closing of the sale of the Property under that contract.

SELLER acknowledges that this Agreement does not guarantee a sale.

3. TERMS: The Property is to be offered for sale upon the following terms and conditions:

(A) Price: $______________________________

(B) Financing: [ ] Cash [ ] Financing as follows: [ ] Conventional loan [ ] VA loan [ ] FHA loan

[ ] Mortgage assumption [ ] SELLER financing.

(1) [ ] SELLER Financing: SELLER will hold a purchase money ________________ mortgage in the

amount of $ ________________with the following terms: _____________________________

___________________________________________________________________________.

(2) [ ] Assumption of Existing Mortgage: The Mortgage is for a remaining term of approximately ______

years at an interest rate of ___________% per annum. [ ] Fixed [ ] Adjustable (describe)

____________________ Lender approval of assumption [ ] is [ ] is not required.

NOTICE TO SELLER: You may remain liable for an assumed mortgage after the sale of the Property. Check

with your attorney or lender to determine the extent of your liability.

(1) Closing Costs: Deed stamps, Fee (Owner’s) Title insurance policy, Title search and exam fee,

Closing attorney/settlement fee, SELLER’s Courier fees, Transaction/Professional service fee, Real estate brokerage

fee, Satisfaction of mortgage and recording fee, Survey, Repairs and replacements that may be agreed upon by

SELLER and a buyer after the Property inspection(s) and appraisal, Wood destroying organism treatment and repairs

not to exceed 1% of the sales price, For VA sale only, wood-destroying organism report,

[ ] Home warranty (mark if applicable), Other ________________________________________.

(2) All other charges required by a buyer’s lender in connection with the loan which a buyer is

prohibited from paying by law or regulation.

(3) All mortgage payments, condominium or homeowners association fees and assessments,

Community Development District and government special assessments due and payable shall be paid current at

SELLER's expense at the time of closing.

(D) Other Terms or Conditions: __________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________.

4. BROKER OBLIGATIONS AND AUTHORITY:

(A) SELLER authorizes and BROKER agrees to: (1) photograph and place the Property and the photograph in

the Northeast Florida Multiple Listing Service, Inc. (NEFMLS) and to report to NEFMLS the terms and financing

information on any resulting sale for use by NEFMLS and the Northeast Florida Association of Realtors, Inc. (NEFAR);

(2) place an appropriate sign on the Property, including a sold sign when an offer has been accepted if BROKER

desires; (3) advertise the Property; (4) order and obtain all items necessary to close on the Property such as, but not

limited to, title insurance and survey; (5) at BROKER’s option, use SELLER’s name in connection with marketing and

advertising of the Property, before and after the sale; and (6) obtain any information relating to the present mortgage(s)

on the Property. Additionally, SELLER hereby grants to NEFMLS and NEFAR the unlimited right to use, sell and

license all text, graphics, photos, virtual tours, documents and any other forms of data entered into the NEFMLS

system.

(B) SELLER [ ] desires [ ] does not desire utilization of a NEFAR authorized lockbox system. If SELLER

desires a NEFAR authorized lockbox system, see attachment ___________________ (initial).

contract for sale.

5. SELLER OBLIGATIONS: SELLER agrees to: (A) cooperate with BROKER in carrying out the purposes of this

Agreement, and to refer immediately to BROKER all inquiries regarding the sale of the Property; (B) provide BROKER

with keys and make the Property available to BROKER to show during reasonable times; (C) make the Property

available for inspections during the time provided in the contract for sale and to keep utilities active until

closing. (D) inform BROKER prior to leasing, mortgaging or otherwise encumbering the Property, including

advances on any home equity line of credit; (E) indemnify and hold BROKER harmless from loss, damage, costs

and expenses of any nature, including reasonable attorney’s fees, and from liability to any person which BROKER

incurs because of SELLER’s negligence, representations, misrepresentations, actions, inactions, use of the lockbox,

and the existence of facts materially affecting the value of the Property, which indemnity will survive performance of

this Agreement by BROKER, termination of this Agreement and the closing of the sale of the Property; (F) comply with

the Foreign Investment Real Property Tax Act; (G) comply with all government requirements for mandatory

disclosures; and (H) execute a statutory general warranty deed, trustee’s, personal representative’s or guardian’s

deed as appropriate to the status of SELLER unless otherwise stated herein, including the joinder of the SELLER’s

spouse, ____________________________________________________

______________________________________________________________________________________________

______________________________________________________________________________________.

The Property is subject to the following:

[ ] Homeowner’s Association fees and assessments in the amount of $__________ per _________

[ ] Condominium Association fees and assessments in the amount of $__________ per _________

[ ] Condominium or Homeowner’s Association Special Assessments in the amount of $__________ per

_________

[ ] Community Development District fees and assessments in the amount of $ _____ per year

[ ] Other Assessments (_____________________________) in the amount of $_______________ per

_______________

6. DEPOSIT: If SELLER is entitled to retain a buyer’s binder deposit(s) as liquidated damages, after deducting

any unpaid closing costs incurred, the balance thereof shall be divided equally between SELLER and BROKER,

except BROKER’s share shall not exceed the total amount of the brokerage fee specified below.

7. COMPENSATION and COOPERATION: BROKER will cooperate with and compensate a buyer’s agent,

transaction brokers and brokers acting in all other legally recognized brokerage relationships (strike any that are not

applicable). For finding a buyer ready, willing and able to purchase the Property, SELLER will pay BROKER, no later

than the date of closing, a brokerage fee of _____% of the contract sale price or $_______________, whether the

buyer be secured by BROKER or SELLER, or by any other person. BROKER agrees to pay a selling (cooperating)

broker a commission of _____% of the contract sale price or $_______________. If the transaction does not close due

to SELLER’s default, SELLER will pay the full brokerage fee to BROKER on demand. If there is a conveyance of title

to the Property within twelve (12) months after termination of this Agreement to any person to whom the Property has

been shown during the term of this Agreement, including any extension(s) hereof, SELLER will pay the full brokerage

fee to BROKER on demand. However, no brokerage fee will be due BROKER if, after this Agreement is terminated,

the Property is listed with another broker and sold through that exclusive right of sale. In any sale of the Property,

permission is given to BROKER to represent and receive brokerage fees from both a buyer and SELLER. The

aforementioned brokerage fees are fair and reasonable and a result of arm’s length negotiations.

8. DAMAGES: SELLER and BROKER acknowledge that damages suffered by BROKER in the event SELLER

cancels this Agreement or otherwise prevents performance hereunder prior to BROKER finding a buyer ready, willing

and able to purchase the Property are unascertainable at the present time, and that BROKER will incur damages, such

as expenses for overhead, advertising, transportation and time. Accordingly, in the event this Agreement is canceled

by SELLER, or SELLER otherwise prevents performance hereunder prior to BROKER finding a buyer ready, willing

and able to purchase the Property, SELLER agrees to pay BROKER on demand, as liquidated damages, _____% of

the then current listing price or $_______________, the same being bonafide, fair and reasonable, and a result of

arm’s length negotiations.

9. DISPUTES AND WAIVER OF JURY TRIAL: All controversies and claims between SELLER and BROKER,

directly or indirectly, arising out of or relating to this Agreement or the Property will be determined by non-jury trial.

SELLER and BROKER, jointly and severally, hereby knowingly, voluntarily and intentionally waive any and all rights to

a trial by jury in any litigation, action or proceeding involving SELLER or BROKER, whether arising directly or indirectly

from this Agreement or the Property or relating thereto. Each party will be liable for its own costs and attorney’s fees.

Notwithstanding the foregoing, in the event of a dispute between a buyer and SELLER as to entitlement to the binder

deposit(s), the holder of the binder deposit(s) may file an interpleader action in accordance with applicable law to

determine entitlement to the binder deposit(s), and the interpleader’s attorney’s fees and costs shall be deducted from

the binder deposit(s) and assessed against the non-prevailing party, or the broker holding the binder deposit(s) may

request the issuance of an escrow disbursement order from the Florida Real Estate Commission and, in either event,

SELLER agrees to be bound thereby.

10. MATERIAL FACTS AND DEFECTS: SELLER represents that SELLER has no knowledge of facts materially

affecting the value of the Property other than those which a buyer can readily observe except:

___________________________________________. SELLER further represents that the Property is not now and will

not prior to closing be subject to a municipal or county code enforcement proceeding and that no citation has been

issued except:___________________________________________________ (If the Property is or becomes subject

to such a proceeding prior to closing, SELLER shall comply with Florida Statutes 125.69 and 162.06; notwithstanding

anything contained within said Statutes. SELLER shall be responsible for compliance with applicable code and all

orders issued in such proceeding unless otherwise agreed to between the parties in the contract for sale.)

11. COMPLETE AGREEMENT AND MISCELLANEOUS PROVISIONS: There are no agreements, promises or

understandings, either expressed or implied, between the parties other than those specifically set forth herein.

Modifications of this Agreement will not be binding unless in writing, signed and delivered by the parties. Headings are

for reference only and shall not be deemed to control interpretations. Signatures, initials and modifications

communicated by facsimile or e-mail will be considered as original. If any provision of this Agreement is or becomes

invalid or unenforceable, all remaining provisions will continue to be fully effective. All references to a time of day shall

be Eastern Time. TIME IS OF THE ESSENCE IN THIS AGREEMENT. SELLER represents that SELLER has the

legal authority and capacity to convey the Property and enter into this Agreement and that all prior agreements

regarding the sale of the Property have been terminated. The Property is to be offered to any person without regard to

race, color, creed, sex, national origin, religion, age, handicap or familial status. This is a legal and binding contract

and is intended to bind the heirs, legal representatives, successors and assigns of SELLER. If this Agreement is not

fully understood, SELLER should seek competent legal advice.

12. SINGLE AGENT NOTICE

FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS SINGLE AGENTS DISCLOSE TO

BUYERS AND SELLERS THEIR DUTIES.

As a single agent, ______________________________________________ (insert name of Real Estate Entity) and its

associates owe to you the following duties:

1. Dealing honestly and fairly;

2. Loyalty;

3. Confidentiality;

4. Obedience;

5. Full disclosure;

6. Accounting for all funds;

7. Skill, care and diligence in the transaction;

8. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee

otherwise in writing; and

9. Disclosing all known facts that materially affect the value of residential real property and are not readily

observable

Date: __________________ Signature: _________________________________________________

13. CONSENT TO TRANSITION TO TRANSACTION BROKER

FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER OR SELLER AS A SINGLE

AGENT TO CHANGE FROM A SINGLE AGENT RELATIONSHIP TO A TRANSACTION BROKERAGE

RELATIONSHIP IN ORDER FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE

TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO BOTH THE BUYER AND THE

SELLER. THIS CHANGE IN RELATIONSHIP CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.

As a transaction broker, __________________________________________ (insert name of Real Estate Firm and its

associates), provides to you a limited form of representation that includes the following duties:

1. Dealing honestly and fairly;

2. Accounting for all funds;

3. Using skill, care and diligence in the transaction;

4. Disclosing all known facts that materially affect the value of residential real property and are not readily

observable to the buyer;

5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee

otherwise in writing;

6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure

that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than

the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller

or buyer will agree to financing terms other than those offered, or of any other information requested by a party

to remain confidential; and

7. Any additional duties that are entered into by this or by separate written agreement.

Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties

are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a

licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to

represent one party to the detriment of the other party when acting as a transaction broker to both parties.

I agree that my agent may assume the role and duties of a transaction broker. (Must be initialed or signed.)

Date: __________________ Signature: _________________________________________________

Signature: _________________________________________________

14. TRANSACTION BROKER NOTICE

As a transaction broker, __________________________________________ (insert name of Real Estate Firm and its

associates), provides to you a limited form of representation that includes the following duties:

1. Dealing honestly and fairly;

2. Accounting for all funds;

3. Using skill, care and diligence in the transaction;

4. Disclosing all known facts that materially affect the value of residential real property and are not readily

observable to the buyer;

5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee

otherwise in writing;

6. Limited confidentiality, unless waived in writing by a party. This limited confidentiality will prevent disclosure

that the seller will accept a price less than the asking or listed price, that the buyer will pay a price greater than

the price submitted in a written offer, of the motivation of any party for selling or buying property, that a seller

or buyer will agree to financing terms other than those offered, or of any other information requested by a party

to remain confidential; and

7. Any additional duties that are entered into by this or by separate written agreement.

Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, parties

are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a

licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to

represent one party to the detriment of the other party when acting as a transaction broker to both parties.

Date: __________________ Signature: _________________________________________________

Signature: _________________________________________________

15. SPECIAL CLAUSES AND ATTACHMENTS: [ ] None [ ] Clauses [ ] Attachments _____ through _____ are

incorporated herein by reference.

16. SOCIAL SECURITY NUMBER. SELLER agrees to provide SELLER’s Social Security or Tax I.D. number to

the closing attorney/settlement agent upon request.

17. RECEIPT. SELLER hereby acknowledges receipt of a copy of this Agreement and all attachments

thereto.

______________________________ _________________________________ ______________

BROKER Firm Name SELLER Date

By: ___________________________ _________________________________ ______________

Authorized Listing Licensee SELLER Date

______________________________ ___________________________

BROKER’s Office Phone # Licensee’s Phone #

______________________________

Licensee’s e-mail

________________________________________________________________

SELLER’s Mailing Address

______________________________ ___________________________

SELLER’s Home Phone # SELLER’s Work Phone #

______________________________

SELLER’s e-mail