Listing Agreement
Seller hereby employs and grants Brent Jex (BRE 01827653) d/b/a Weeks4Sale.com ("Broker") the non-exclusive right to sell the timeshare specified in form being emailed to Broker. Seller has the right to cancel this agreement at any time. Seller agrees to notify Broker if Seller sells or disposes of the timeshare.
ASKING PRICE: The seller will transmit an asking price to Broker. Broker retains the right to reject any listing for any lawful reason, including but not limited to the seller selecting a listing price that Broker considers to be unreasonable.
COMMISSION: Unless otherwise agreed by seller and Broker and confirmed in writing, at the close of escrow the seller agrees that Broker's commission shall be:
A. In transactions where the buyer is not represented by a broker, 20% of the sales price of each timeshare interval sold, but in no event shall the commission be less than $1,000 for all U.S. timeshares, and $1,500 for all foreign (non-U.S.) timeshares.
B. In transactions where the buyer is represented by a broker (co-broker transactions), 20% of the sales price of each timeshare interval sold, but in no event shall the commission be less than $1,500 for all U.S. timeshares, and $2,000 for all foreign (non-U.S.) timeshares.
C. If seller is employing Broker to rent a timeshare, the commission shall be equal to 35% of all rental amounts received, but in no event shall the commission be less than $400.
[Current as of January 19, 2018.]
FIRST RIGHT OF REFUSAL (FROR): In the event that the resort/developer (although most resorts do not have this, Disney Vacation Club, Marriott, ILX, Villas on the Green and Welk Platinum points do have FROR) has a first right of refusal for the timeshare and the resort/developer exercises that first right of refusal after the Broker has obtained a Buyer satisfactory to the Seller it is agreed between the Seller and the Broker that the Broker has earned his commission and that the Broker was the procuring cause of the sale. If the resort/developer fails to pay Broker from proceeds of sale, Seller agrees to pay Broker the commission that has been earned.
AGENCY: Seller hereby consents to Broker acting as a dual agent representing both the Buyer and the Seller. In the event that a cooperating broker is the agent for the Buyer, Broker will act as agent for the Seller only.
AUTHORIZATION: Seller authorizes the resort, exchange companies, and the resort management company to cooperate and assist the Broker in verifying all information as is necessary to complete the sale.
OTHER LISTINGS: Seller understands that Broker may have or obtain other listings in the same or similar resorts, and that potential buyers may be offered, may make offers, or purchase through Broker property similar, or the same as Seller's property.
DEPOSIT: Broker is authorized to accept and hold on the Seller's behalf a deposit to be applied toward the sales price.
ESCROW AND TITLE: Seller is aware that there will be fees in this transaction for closing costs and resort transfer fee. We almost always have the buyer pay for all the closing costs including the resort transfer fee. We also attempt to have the buyer reimburse the seller any prepaid maintenance fees.
SELLER WARRANTS: Seller is the owner of the property or has the authority to execute this contract.
ASKING PRICE: The seller will transmit an asking price to Broker. Broker retains the right to reject any listing for any lawful reason, including but not limited to the seller selecting a listing price that Broker considers to be unreasonable.
COMMISSION: Unless otherwise agreed by seller and Broker and confirmed in writing, at the close of escrow the seller agrees that Broker's commission shall be:
A. In transactions where the buyer is not represented by a broker, 20% of the sales price of each timeshare interval sold, but in no event shall the commission be less than $1,000 for all U.S. timeshares, and $1,500 for all foreign (non-U.S.) timeshares.
B. In transactions where the buyer is represented by a broker (co-broker transactions), 20% of the sales price of each timeshare interval sold, but in no event shall the commission be less than $1,500 for all U.S. timeshares, and $2,000 for all foreign (non-U.S.) timeshares.
C. If seller is employing Broker to rent a timeshare, the commission shall be equal to 35% of all rental amounts received, but in no event shall the commission be less than $400.
[Current as of January 19, 2018.]
FIRST RIGHT OF REFUSAL (FROR): In the event that the resort/developer (although most resorts do not have this, Disney Vacation Club, Marriott, ILX, Villas on the Green and Welk Platinum points do have FROR) has a first right of refusal for the timeshare and the resort/developer exercises that first right of refusal after the Broker has obtained a Buyer satisfactory to the Seller it is agreed between the Seller and the Broker that the Broker has earned his commission and that the Broker was the procuring cause of the sale. If the resort/developer fails to pay Broker from proceeds of sale, Seller agrees to pay Broker the commission that has been earned.
AGENCY: Seller hereby consents to Broker acting as a dual agent representing both the Buyer and the Seller. In the event that a cooperating broker is the agent for the Buyer, Broker will act as agent for the Seller only.
AUTHORIZATION: Seller authorizes the resort, exchange companies, and the resort management company to cooperate and assist the Broker in verifying all information as is necessary to complete the sale.
OTHER LISTINGS: Seller understands that Broker may have or obtain other listings in the same or similar resorts, and that potential buyers may be offered, may make offers, or purchase through Broker property similar, or the same as Seller's property.
DEPOSIT: Broker is authorized to accept and hold on the Seller's behalf a deposit to be applied toward the sales price.
ESCROW AND TITLE: Seller is aware that there will be fees in this transaction for closing costs and resort transfer fee. We almost always have the buyer pay for all the closing costs including the resort transfer fee. We also attempt to have the buyer reimburse the seller any prepaid maintenance fees.
SELLER WARRANTS: Seller is the owner of the property or has the authority to execute this contract.
