The Listing Agreement
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Residential Listing Contract - Exclusive Right to Sell/Rent >>
Indemnification: Owner hereby expressly releases, holds harmless and indemnifies Listing Broker, all Boards or Associations of REALTORS ® , MLS, and all other brokers from any and all liability and responsibility regarding damage or loss arising from any misrepresentation or breach of warranty by Owner in this Agreement, any incorrect information supplied by Owner and any facts concerning the Premises not disclosed or withheld by Owner, including without limitation, any facts known to Owner relating to Adverse Information or latent defects.
258. 259. 260. 261. 262.
(OWNER’S INITIALS REQUIRED )
263.
9. REMEDIES Alternative Dispute Resolution: Owner and Listing Broker (“Parties”) agree to mediate any dispute or claim arising out of or relating to this Agreement. All mediation costs shall be paid equally by the Parties. In the event that mediation does not resolve all disputes or claims, the unresolved disputes or claims shall be submitted for binding arbitration. In such event, the Parties shall agree upon an arbitrator and cooperate in the scheduling of an arbitration hearing. If the Parties are unable to agree on an arbitrator, the dispute shall be submitted to the American Arbitration Association (“AAA”) in accordance with the AAA Arbitration Rules for the Real Estate Industry. The decision of the arbitrator shall be final and nonappealable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either Party may opt out of binding arbitration within thirty (30) days after the conclusion of the mediation conference by notice to the other and in such event either Party shall have the right to resort to court action. The Parties agree that any and all disputes or claims will be brought in the Parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or other consolidated proceeding. The Parties hereby waive their right to commence, become a party to or remain a participant in any group,representative, class collective or hybrid class/collective action in any proceeding and the arbitrator shall not preside over any form of a group, representative or class collective proceeding. (OWNER’S INITIALS REQUIRED ) Attorney Fees and Costs: The prevailing Party in any dispute or claim arising out of or relating to this Agreement shall be awarded their reasonable attorney fees and costs. Costs shall include, without limitation: expert witness fees, fees paid to investigators, and arbitration costs. 10. ADDITIONAL TERMS AND CONDITIONS
264. 265. 266. 267. 268. 269. 270. 271. 272. 273. 274. 275. 276. 277. 278.
279.
280. 281. 282.
283. 284. 285. 286. 287. 288. 289. 290. 291. 292. 293. 294. 295. 296. 297. 298. 299.
Assignment: Neither Listing Broker nor Owner may assign any rights or obligations pursuant to this Agreement without the prior written consent of the other, and any attempted assignment without consent shall be void and of no effect. Arizona Law: This Agreement shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona. >>
300.
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: February 2025 Copyright © 2025 Arizona Association of REALTORS ® . All rights reserved.
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LISTING
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