FAQs
"Am I locked into this agreement as with other listing agents?"
No, you are not. You can cancel at any time without penalty or obligation to Homevana or the listing agent. Simply notify us to take down your listing. You are free to immediately re-list with another agent.

"Why Do I have to sign a Listing Agreement?"
Only a licensed broker can list a home in the MLS.
All homes are required to have a Listing Agreement between the broker and the home seller to list a home in the MLS.

"Who is the listing broker?"
Homevana has an agreement with a sister company, Retopia, to list Homevana homes in the MLS.

"How much does it cost?"
Free! (We generate revenue with the same business model as other technology companies like Google, Facebook, etc. through advertising.)

For more FAQs regarding showings, disclosures, offers, negotiations, and closing, please click here.
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CALIFORNIA OPEN LISTING AGREEMENT For Real Property

BROKER:

SELLER:(hereinafter referred to as “Seller”)

  1. PROPERTY ADDRESS , (hereinafter referred to as “Property”)
  2. PARCEL NUMBER (hereinafter referred to as “Property”)
  3. LIST PRICE: (##START_PRICE_WORDS##)
    Seller is solely responsible for determining the appropriate list price.
  4. TERM
    This Open Listing Agreement (hereinafter referred to as “Agreement”) by and between Listing Broker and Seller will be effective on the date of the last signature below ("Effective Date"). The term of this listing agreement will be 6 months, from  , and terminating on  ("Termination Date").
  5. SELLER INSTRUCTIONS
    Seller requests that Listing Broker enter the Property data into a multiple listing service ("MLS").  Seller requests that Listing Broker forward any communications and/or inquiries from potential buyers or buyers’ agents regarding the Property to Seller through electronic means. Seller agrees that the Agreement is not a written contract to find or obtain a buyer. Seller retains the right to find or obtain a buyer and sell the property.
  6. LISTING BROKER DUTIES
    Listing Broker will enter the Property data into the MLS as an MLS entry only, limited service listing. Listing Broker will enter the Property data into the MLS within two (2) business days of the Effective Date. Listing Broker will maintain the listing until expired, sold or cancelled. Listing Broker does not perform real estate services other than Property data entry into the MLS. Listing Broker may not be able to display Seller's contact information to the public through the MLS or other real estate websites. Listing Broker's name and phone number is displayed on all the MLS or other real estate websites and thus, Listing Broker will forward any communications and/or inquiries from potential buyers or buyers’ agents regarding the Property to Seller through electronic means. Seller authorizes Listing Broker to direct all buyers’ real estate salespersons or brokers (hereinafter referred to as “Buyer’s Broker”) to Kazork.com for all communications, showing requests, offers, counter-offers, addendums, cancelations and the like which will be sent electronically to Seller. It is the Seller’s sole responsibility to follow up with any and all inquiries, communications, offers, counter-offers, addendums, cancelations and the like. Seller further authorizes Listing Broker to edit, change and/or complete Property information in the MLS at his discretion. Seller will have the opportunity to review Property information entered into the MLS by Listing Broker, and Seller reserves the right to request that Listing Broker make changes to such Property information entered into the MLS. Listing Broker may also offer escrow services related to the transaction in this Agreement and in connection with his real estate brokerage business.
  7. AGENCY RELATIONSHIP
    The agency relationship between the Seller and Listing Broker is limited to and does not extend beyond MLS Property data entry. Listing Broker and Seller agree that this Agreement is not a written contract to find or obtain a buyer.
  8. COMPENSATION TO BUYER’S BROKER
    Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between Seller and a Buyer’s Broker if Seller chooses to accept an offer from a buyer with a Buyer’s Broker. Seller reserves the right to reject any and all offers from Buyer’s Brokers. If Seller does accept an offer from a Buyer’s Broker, Seller agrees to pay Buyer’s Broker the commission of advertised in the MLS listing (hereinafter referred to as “Cooperating Broker Commission”) upon close of escrow. Seller agrees to indemnify and hold Listing Broker harmless in the event that Seller fails to pay a Cooperating Broker Commission upon the close of escrow.
  9. LISTING BROKER COMMUNICATIONS AND ELECTRONIC SIGNATURES
    Listing Broker and Seller agree that an Electronic Signature of any document executed through a website ratification system, including but not limited to this Agreement and addendums or amendments to this Agreement, will be binding on both Listing Broker and Seller and will be treated for all intents and purposes as if it was physically signed. “Electronic Signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The terms used in this Agreement, including but not limited to Electronic Signature, should be construed in accordance with the Uniform Electronic Transactions Act as adopted by California. Seller and Listing Broker agree to use a third party electronic signature capture and communication service selected by Listing Broker. Seller can request software requirements, procedures for receiving paper copies, changing contact information and withdrawing consent to use electronic signatures from Listing Broker.
  10. ADVERTISING
    Unless Seller provides separately written instructions to Broker regarding Internet display, hyperlinking, Internet Data Exchange (IDX), and Virtual Office Website (VOW), and/or MLS opt out, including but not limited to the ability to write comments on websites, Broker will publish the Property data through Internet displays, hyperlinking, Internet Data Exchanges (IDX), and Virtual Office Websites (VOW).
  11. PUBLICATION OF PROPERTY DATA AND SALE PRICE
    Seller is aware that newspapers, Internet sites and other forms of media may publish the Property Data, including but not limited to, the final sale price after settlement. Seller authorizes Listing Broker to enter public data into the MLS for the Seller. Such information includes but is not limited to: Mello Roos, parcel number, tax information, etc.
  12. MLS CONFIDENTIAL REMARKS - AGENT ONLY REMARKS - SHOWING INSTRUCTIONS
    Seller authorizes Listing Broker to enter remarks into the MLS at his discretion to facilitate showing requests, buyer and buyer agent inquiries, offers from buyers represented by agents and the like. Seller will have the opportunity to review remarks entered into the MLS by Listing Broker, and Seller reserves the right to request that Listing Broker make changes to such remarks.
  13. KNOWN MATERIAL FACTS

    If the Seller fails to disclose known material defects and/or environmental hazards, Seller agrees to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney fees and costs arising from any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose.

    The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built prior to 1978 must provide the Buyer an EPA pamphlet entitled Protect Your Family from Lead in the Home. Seller assumes full responsibility for providing this to buyers. The Residential Lead-Based Paint Hazard Reduction Act says that any Seller of property built prior to 1978 must provide the Buyer an EPA pamphlet entitled Protect Your Family from Lead in the Home. Seller assumes full responsibility for providing this to buyers.

  14. DEPOSIT MONEY
    Seller is advised to have an attorney, title company, or escrow company hold any and all funds through closing, subject to all California laws & regulations. Listing Broker can perform escrow services related to the transaction in this Agreement and in connection with his real estate brokerage business.
  15. EQUAL HOUSING OPPORTUNITY
    This property is offered in compliance with federal, state and local anti-discrimination laws.
  16. LISTING BROKER NOT RESPONSIBLE FOR DAMAGES
    Seller shall indemnify Listing Broker and hold Listing Broker harmless from damages caused to the Property.
  17. CANCELLATION
    Seller may cancel this Agreement in writing at any time without penalty or obligation to Listing Broker. After cancellation, Seller is free to hire another Listing Broker.
  18. OTHER TERMS
    • This Agreement shall be binding on and inure to the benefit of the successors and assigns of the respective parties to this Agreement.
    • If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
    • This Agreement is the entire agreement between Listing Broker and Seller. All changes must be in writing and signed by Listing Broker and Seller.
    • This Agreement shall be governed by and construed in accordance with the laws of the State of California.
  19. The duties of Listing Broker in this Agreement are intended to and will be in full compliance with all applicable federal, state and local requirements, including but not limited to, federal banking laws, federal consumer protection and privacy laws, all applicable state laws and regulations, and any valid and effective regulatory orders.

Broker Signature:

Broker Print Name:

Date:



Seller 1

Date

Seller 2

Date