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Seller Information
Name
First Last
Address*
Street Address City State ZIP Code
The name provided in this section shall hereinafter be referred to as SELLER.
Broker Information
LandCo Broker
Choose your LandCo Broker from the drop down menu.
LandCo | 203 Eastgate Dr | Washington, IL 61571 |
The "Agent" above is to act as Designated Brokers Agent for the Seller as more fully described in the Agreement.
Property Description
Hereinafter referred to as the "Subject Property"
Please explain the location of the property the best you can, including county and section.*
Total Acres
as accurately as possible, enter the number of total acres of the property you wish to sell.
Tillable Acres
How many acres are (or could be) in production not including CRP acres?
Tillable Income
What is the total income derived from the tillable ground?
CRP Acres
How many acres of the farm are in CRP?
CRP Income
What is the total income derived from the CRP ground?
CRP Expiration
If applicable, when does your current CRP contract expire (what year is the last payment)?
MM slash DD slash YYYY
Permanent CREP
If applicable, are any of your CRP/CREP contracts enrolled in the Permanent CREP?
- Yes
- No
Property Taxes
What were the property taxes on this property the previous year?
Are the any current pending offers or representation agreements on this property?*
- Yes
- No
Please explain the current pending offers.
Choose a time for the current pending offers or representation agreements to terminate for the purposes of this agreement.
Additional Comments
If anything requires additional explanation, please enter here...
Agreement Dates
Outline the dates of this agreement.
Agreement Date.*
This agreement will be in effect from the following date...
MM slash DD slash YYYY
Agreement Term.*
Seller(s) grant the Broker exclusive right to sell and authority to market the land from the date of this Agreement until the date chosen below, or until the successful completion of the sale of the subject property.
MM slash DD slash YYYY
Agreement Terms and Conditions
Terms and Conditions as follows.
1. Listing Price.*
The Seller(s) authorizes Broker to market the property at a price of...
2. Motivating Factors*
- Seller does consent to Broker disclosing any motivating factors for the Sellers in selling this property.
- Seller does not consent to Broker disclosing any motivating factors for the Sellers in selling this property.
What are your motivating factors for selling this property?
3. Broker Services to Seller. Broker’s sole duty is to effect a sale of the Property and Broker is under no duty to undertake the management, upkeep, custody, control, care or maintenance of the Property. Broker assumes no liability for the theft or damage to any of Seller’s real or personal property. Broker will, however, perform the following services in connection with this Listing Contract:
a. Promote the best interest of the client by:
(i) Seeking a transaction at the price and terms stated herein or at a price and terms otherwise acceptable to the Seller.
(iii) Timely present all offers to and from the Seller.
(iii) Disclosing to Seller material facts concerning potential transactions of which Broker has actual knowledge, unless that information is confidential information. Material facts do not include the following when located on or related to real estate that is not the subject of the transaction: (1) physical conditions that do not have a substantial adverse effect on the value of the real estate, (2) fact situations, or (3) occurrences.
(iv) Timely accounting for all money and property received in which the Seller has, may have, or should have had an interest.
(v) Obeying specific directions of the Seller that are not otherwise contrary to applicable statutes, ordinances, or rules.
(vi) Acting in a manner consistent with promoting the Seller's best interests as opposed to Broker's or any other person's self-interest.
b. Exercise reasonable skill and care in the performance of brokerage services.
c. Keep confidential all confidential information received from the Seller.
d. Comply with the requirements of the Real Estate License Act of 2000 and all applicable statutes and regulations, including without limitation fair housing and civil rights statutes.
e. Accept delivery of and present to the Seller offers and counteroffers to buy, sell, rent, lease, or exchange the Property.
f. Assist the Seller in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement, offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed.
g. Answer the Seller’s questions relating to this Listing Contract, offers, counteroffers, notices, and contingencies.
h. Provide prospective buyers access to the Property.
Limitation of Services
Nothing in this Listing Contract shall be construed as creating any fiduciary relationship between Broker and Seller. Broker does not engage in the practice of law and the parties acknowledge that in the event Seller requires legal advice, Seller will engage, at Seller’s own expense, all attorneys Seller may require. Seller authorizes Broker to communicate on Seller’s behalf with the inspectors, engineers, attorneys, accountants, and other professionals to provide such professional’s respective services as may be necessary or prudent in connection with the sale of the Property. Notwithstanding the above, if an attorney is engaged for the preparation of a sale contract for Seller, Seller is assuming final responsibility for the content of any contract which results from Broker’s endeavors, however, to the extent Broker provides assistance in this regard (in connection with Broker’s brokerage services offered hereunder), Seller agrees to cooperate and supply full and sufficient information to the Broker for the accurate preparation of such contract. Furthermore, Seller agrees that:
a. Broker will have no duty to conduct an independent inspection or investigation for adverse material facts for the parties.
b. Broker will have no duty to conduct an independent investigation of the buyer’s financial condition.
c. Broker may do the following without breaching any obligation or responsibility to Seller or any other party:
(1) Show alternative properties not owned by the Seller to a prospective buyer or tenant;
(2) List competing properties for sale or lease;
(3) Show properties in which the buyer or tenant is interested to other prospective buyers or tenants; and
(4) Provide brokerage services simultaneously to more than one party in different transactions.
4. Commission. Unless stated different in Agreement Notes, the Seller(s) agrees to pay the Broker a commission of 6% of the final gross sales price. This commission shall be paid upon any of the following occurrences...
A. During the terms of this Agreement, a ready, willing, and able buyer produced by the Broker, the Seller, or anyone else purchases the property.
B. If during the term of this Agreement, the property is transferred, conveyed, or exchanged in any matter.
C. If within 120 days of the termination of this agreements, the property is sold to an individual or corporation with whom the Broker, Agent, of any other licensed real estate agent had been in communication with regarding the Subject Property during the terms of this agreement.
5. Broker Cooperation.
According to Broker’s company policy, Broker or Broker’s representatives may cooperate with other brokers acting in any capacity other than a subagency. Therefore, Broker will cooperate, in its discretion and when in the best interests of Seller, with and compensate brokers acting as an agent of the other party or in any other recognized brokerage relationship other than a subagency.
5. Earnest Money*
In the case of buyer default, the money deposited as earnest money in escrow shall be divided...
6. Broker Duties and Responsibilities.
The Broker and Agent are to act in accordance with the laws governing real estate.
7. Seller(s) Duties and Responsibilities.
A. Warrants that the information set forth in this Agreement, along with any additional information the Broker may request, is true and accurate to the best of the Seller(s) knowledge.
B. Acknowledges and accepts that the Broker or Agent may obtain information from other licensed Brokers, Agents, or clients, that they must keep confidential.
C. Acknowledges and accepts that other Licensed Brokers or Agents may represent the buyers of Subject Property.
D. Seller is responsible for any latent, hidden, or undisclosed defects in the property in which the Seller(s) had knowledge of before the closing.
8. Indemnification.
The Seller(s) agrees to hold harmless Broker from any and all claims, disputes, lawsuits, litigation, judgements, and costs arising out of Seller(s) breach of contract.
9. General Terms.
TITLE: Seller shall furnish, at Seller’s expense, an owners title insurance commitment and policy providing coverage for the Property. Additionally, Seller agrees to convey the Property by good and sufficient warranty deed.
TAXES AND ASSESSMENTS: Seller shall pay in full all state, county and municipal taxes and assessments, general and special, which are a lien on the Property, except taxes for the year in which the transaction closes, which shall be prorated as of the date of delivery of the deed. If the current amount of taxes cannot be ascertained, pro-ration may be computed on the amount of taxes for the preceding calendar year.
EARNEST MONEY: Seller authorizes Broker to accept a deposit and/or earnest money to be applied on the sales price and to place such sums with a reputable title company, closing company or escrowee. Seller acknowledges that Broker does not maintain an escrow account.
ADVERTISING AND COOPERATING: Seller authorizes Broker to place a FOR SALE sign on the Property and remove all other signs and otherwise advertise the Property in any manner deemed wise by Broker, including but not limited to advertising on the internet, web-sites and communication via facsimile or electronic mail. Seller authorizes Broker to allow prospective buyers to take photographs or video of the interior and exterior of the improvements located on the Property, provided that Broker or his representative is present when such activity is taking place on the Property. Seller allows Broker to use any of these in Broker’s advertising, as above. Seller authorizes Broker to cooperate with and offer compensation to other brokers acting pursuant to any brokerage relationship in accordance with Broker’s company policy and as set forth above.
INSPECTION AND ACCESS: Seller authorizes Broker or its representatives, other brokers and their representatives, lenders, appraisers and inspectors to make or allow third parties to make such inspections of the Property as are deemed necessary to effectuate the sale of the Property. Seller authorizes Broker or representatives to release information and findings from such inspections to interested parties. Seller understands that, regardless of whether inspections are undertaken, Seller has a legal obligation to disclose to Broker and prospective buyers all adverse material facts of which the Seller is aware or should be aware which exist upon or affect the Property.
FACSIMILE AND ELECTRONIC SIGNATURES: Seller and Broker agree that documents signed digitally/electronically or transmitted by facsimile machines shall be treated as original documents. At the request of any party, the other party will confirm facsimile signatures by signing an original instrument.
NONDISCRIMINATION: The Property is offered without regard to the race, color, religion, sex, handicap, familial status, national origin or ancestry of any prospective buyer, or any other class protected by Article 3 of the Illinois Human Rights Act.
REFERRALS: Seller will refer all inquiries and prospects Seller may receive from any other broker or individual to Broker to avoid the possibility of confusion over the brokerage relationship and misunderstandings about liability for compensation.
CONSIDERATION: Seller acknowledges that the efforts and endeavors of Broker to procure a buyer, by expenditure of time and money, through advertising, co-brokers or otherwise shall constitute good and sufficient consideration for this Listing Contract.
CANCELLATION: This Listing Contract may be cancelled by either party giving notice to the other party of its intent to cancel this contract at the end three business days; provided, however, that Seller’s obligations with respect to paying the Broker’s compensation . Said notice may be sent via facsimile or US Mail.
INDEMNFICATION: Seller agrees to indemnify and hold Broker and its owners, managers, officers, employees, and agents, harmless from all claims, causes of action, damages, risks, demands, liabilities and expenses of any kind and nature (including reasonable attorney’s fees) which arise out of, or relate to, Seller’s breach of this Listing Contract or any other agreement to which Seller is a party, the inaccuracy or incompleteness of any representation or warranty made by Seller, and/or Seller’s fault, negligence, recklessness, or intentional wrong.
COSTS AND ATTORNEYS FEES: In connection with any claim or cause of action which arises out of, or relates to, this Listing Contract, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, from the other party.
10. Additional Terms
Please enter in any additional terms needed here...
11. Signatures By signing below, you agree to the terms and conditions of this contract.
Signature*