AGENCY: A Seller’s agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To The Seller: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller: (a) diligent exercise of reasonable skill and care in performance of the agent’s duties; (b) a duty of honest and fair dealing and good faith; (c) a duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.
The above duties of the agent in a real estate transaction do not relieve a Seller from the responsibility to protect his own or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. A Seller has the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Sellers are strongly urged to obtain tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.
Agency – E Real Estate Corp., DRE#01915767
Mediation: Seller and Broker agree to mediate any dispute or claim arising between them regarding the obligation to pay compensation under this Listing Agreement, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, or any dispute or claim to which this paragraph applies, any party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action. The following matters shall be excluded from mediation: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code 2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic’s lien; and (iv) any matter that is within the jurisdiction of probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation provisions.
Attorney’s Fees: In any action, proceeding or arbitration between Seller and Broker to enforce the compensation provisions of this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Seller or Broker.
Equal Housing Opportunity: The Property is offered in compliance with federal, state and local anti-discrimination laws.
Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property. Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the Property is transferred.
