Exclusive Authorization to Lease or Rent

Additional Terms and Conditions Binding to All Listing Agreements
 

Exclusive Authorization to Lease or Rent

 

 

1. Definitions.
1a. Landlord.  A landlord or landlords who have signed a Listing Agreement with ReLISTO
1b. Parties.  All undersigned individuals and/or entities in a Listing Agreement, including but not limited to ReLISTO and signing landlords.
1c. Property Profile.  Document which describes a unit or units, owned by Landlord, which Landlord has engaged Broker to lease on Landlord’s behalf.
1d. Listing Agreement.  Document titled “Listing Agreement, Exclusive Authorization to Lease or Rent”, which legally binds ReLISTO with a signing Landlord(s). Legal execution of this document also binds all signing parties to all documents which comprise the Entire Agreement.
1e. Entire Agreement.  This term means and refers to all the documents which form the entire agreement between Landlord and Broker1f. Broker.  ReLISTO, a California Real Estate Corporation, located at 1318 Hayes Street, San Francisco, California 94117.1g. Premises.  Refers to the unit described in the signed Property Profile.

2.Acknowledgements. Landlord acknowledges that upon signing a Listing Agreement with ReLISTO, Landlord acknowledge they have read and filled each field in the “Property Profile”, and agree to be bound by the terms and conditions contained herein. Landlord also acknowledge that if Broker signs a lease on behalf of Landlord that these terms will be used in the lease agreement between Tenant and Landlord.

3. Authorization of Landlord. If there is more than one Landlord, the signature of only one Landlord in the Listing Agreement is an express representation by the signing Landlord that he/she/it is authorized to obligate all other owners of the property to terms of the Listing Agreement, and further that all owners of the property are jointly and severally responsible for any payment due under this agreement.

4.Lease Agreement. It is expressly understood by Landlord that the residential tenancy agreement will be an agreement between Landlord and a to-be-determined Tenant only, and that Broker and Broker’s agents are not a party to any residential tenancy agreement that results from a signed Listing Agreement. Landlord expressly acknowledges that Broker and Broker’s agents are not responsible for enforcing any residential tenancy agreement entered into between Landlord and tenant. Further, Broker and Broker’s agents make no representation as to the legal status of any Premises for which Broker and/or broker’s agent agree to list pursuant to the Listing Agreement. It is expressly understood by Landlord that Landlord is solely responsible for complying with all applicable laws, ordinances, and regulations with regard to the legal status of any Premises listed pursuant to the Listing Agreement.

5.Compensation. It is expressively agreed between the Parties herein that Broker will retain said compensation from any advanced money collected by Broker from Tenant.

Landlord agrees to pay compensation to the broker as set forth in the Listing Agreement in the event that any prospective Tenant submitted to Landlord by Broker rents the Premises within two months of the expiration of the listing period. However, Broker is only entitled to receive a single compensation, if at all, per signed rental listing agreement.
6.Exclusive Agreement. Unless otherwise noted, the Entire Agreement, and especially the Listing Agreement, is exclusive and non-revocable.

7.Early Termination. If Landlord terminates the signed Listing Agreement before the listing agreement expires, there is a $500.00 set up fee due to ReLISTO. ReLISTO is entitled to retain its commission whether or not the Tenant actually pays rent or remains in possession of the Premises for the full duration of the lease term.

8.Tenant Recommendation. Broker will recommend prospective Tenants to Landlord, and Landlord will accept such Tenant applications for consideration. If Landlord wishes to meet prospective tenants, meeting must occur within 48 hours. While the information that Broker obtains is from sources deemed reliable, Broker does not guarantee the accuracy of the information provided as to prospective Tenants by outside sources

9. Indemnification. Landlord agree they will indemnify, defend, and hold Broker and broker’s agents harmless as to any and all claims from any source with regard to the legal status of any Premises listed pursuant to the Listing Agreement.
Further, Broker and Broker’s agent shall not be liable for any damage or injury to any prospective Tenant or others as a result of any alleged injury suffered during any showings or during the term of the tenancy at the Premises. Landlord shall indemnify, defend and hold Broker harmless in the event that broker or its agents is/are named in any action for damages as a result of any injury alleged to have been sustained by any prospective Tenant or others during any showing, or during the term of any tenancy at the Premises.

10.Fair Housing. Landlord understands that Broker will abide by all Fair Housing Laws.

11.Signage. Landlord authorizes Broker to display signage at the Premises for the purpose of marketing and advertising Premises when selected and agreed to on the Listing Agreement.

12.Lock Box. Landlord authorizes Broker to secure a lock box to Premises and to secure a key to Premises within the lock box when selected and agreed to on the Listing Agreement

13.Dispute Resolution. Landlord and Broker agree to mediate any dispute or claim between them concerning the terms of and the obligations of the Parties to a signed Listing Agreement before resorting to arbitration or court proceedings. The cost of mediation shall be shared equally between the Parties. If a party initiates arbitration or court proceedings without first attempting to mediate the matter or refuses to mediate after a request for mediation has been made, that party shall not be entitled to recover attorney fees that might otherwise be recoverable under this agreement.
This section of the Agreement, concerning mediation and arbitration, shall not apply if the amount in controversy is within the jurisdictional amount of the California Small Claims Court system.

14.Costs of Dispute Resolution. In the event that any action or proceeding is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs of the action, including attorney fees. Any arbitrator is authorized and required to award attorneys fees to the prevailing party in action between the Parties hereto to enforce the terms of this agreement. The term prevailing party shall have the meaning as set forth in Section 1032 of the California Code of Civil Procedure.

15.Entire Agreement. Five documents cumulatively comprise the entire agreement between Landlord and Broker. These documents, as titled in each document’s heading are as follows:
• “Listing Agreement”• “Additional Terms and Conditions” (this document)• “Property Profile”• “Lockbox Disclosure”• “Disclosure of Real Estate Agency Relationship”
No other agreement, statement, or promise made on or before the effective date of the agreement, as contained in the Listing Agreement, will be binding on the Parties.

16.Severability. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

17.Applicable Law. This agreement shall be interpreted under the laws of the State of California.

18.Notices. All notices and other communications in connection with the Agreement shall be in writing and shall be considered given as follows:
• When delivered personally to the recipient’s address as stated on the Listing Agreement.• Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on the Listing Agreement, or• When sent by fax or email to the last fax number or email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.

19.Modification. Any part of Entire Agreement may be amended only by a writing signed by both Broker and Landlord, with the exception of modifications discussed in the “Additional Listings” section of this document.

20.Additional Listings. Landlord agrees that future listings will be bound to the terms in the signed listing agreement, as well as these additional terms and conditions, once Landlord has provided ReLISTO with a set of keys and/or a current property profile for the property corresponding to the keys.

21.Landlord Duties. For units that are not vacant, or if construction or repairs are underway, the listing period begins the day the unit is vacant and in move in condition. ReLISTO’s obligation to commence leasing activity does not begin until all renovations, repairs and cleaning of the Premises are completed by the Landlord such that the Premises is in a move in condition.

22.Non-Waiver. No failure by a Party to insist upon strict compliance by the other Party with any of the terms, provisions, or conditions of this Agreement in any instance shall be construed as a waiver or relinquishment by such Party to insist upon strict compliance in the future.