Terms & Conditions

Gates and Gables Company

Terms and Conditions: Flat Fee MLS Listing Service (“Flat Fee Terms”)

• Defined Terms. The information provided by Seller on the Listing Agreement and the terms which are defined on the Gates and Gables Company websites (“Website”) shall be incorporated in these Flat Fee Terms. All capitalized terms not otherwise defined on the Listing Agreement or Website shall have those definitions as set out herein.

• Exclusive Engagement. Seller desires to sell the Property and hereby exclusively engages Gates and Gables Company (“Gates and Gables”) to provide the services attributable to the Package selected on the Website (“Selected Package”) for the Term. Seller acknowledges that Gates and Gables is being retained to provide a limited scope of services based on the Selected Package as more fully described on the Website and below. Nothing herein shall be interpreted as requiring Gates and Gables to provide any advisory, negotiation or administrative services which are not expressly set out in the Selected Package. By entering into this Agreement, Seller expressly grants Gates and Gables the authority to use the information provided on the Website and any photographs or other information provided by Seller, in the performance of its Services. Seller acknowledges that all calls of interest related to the sale of the Property received by Gates and Gables will be directed to Seller and Gates and Gables will take no action with respect to such interested parties except (a) with respect to any current or previous clients of Gates and Gables and as expressly stated herein.

Term and Renewal Term.

• The Term of this Agreement will be based upon the Selected Package. The Term of this Agreement will begin upon Gates and Gables receipt of the applicable Package Fee (“Effective Date”) however Gates and Gables shall not be required to submit any information to the MLS until Seller has provided the signed and completed Listing Agreement along with at least one primary photo of the Property (“Listing Documentation”). Primary photo means one front view of the Property without any visible view of a for sale sign, people or other homes. Gates and Gables shall place the Property on the MLS within 72 hours from receipt of all Listing Documentation (“Go Live Date”) and the MLS Listing will continue thereafter for a period of (i) Basic Package: Three Months, (ii) Premium Package: Six Months, (iii) Premium Plus Package: Twelve Months or (iv) Vacant Land: Six Months.

• This Agreement will automatically terminate at the end of the applicable Term unless the Property is under contract or Seller has elected to renew the Term.

• In the event the Property is under contract, the Term will automatically extend itself until the Closing Date arrives. For purposes of this agreement “Closing” shall mean the final phase of the real estate transaction contracted for herein in which title to the Property passes from Seller to buyer and “Closing Date” shall mean the date on which the Closing occurs.

• Seller may elect to renew the Term, by submitting a Renewal Form to Gates and Gables along with payment of the then current renewal price as listed on the Website. Contact Gates and Gables for more information.

• Seller retains the right to terminate this Agreement at any time prior to the expiration of the Term by providing Gates and Gables with written notice of same, however such termination shall not entitle Seller to a refund of any Fees paid hereunder to Gates and Gables.

• Package Fee. The fee paid for the Selected Package (“Package Fee”) is earned in full upon receipt and is nonrefundable and is not inclusive of any upgrades, extras, or ad-on services. Seller may elect to add certain items or services by ordering any extras or ad-on services on the Website and paying the applicable fee for each additional item. Contact Gates and Gables for more information.

• List Price. Seller agrees that the List Price for the Property is inclusive of all improvements offered for sale. Seller is solely responsible for determining the List Price and retains the exclusive right to modify the List Price. Gates and Gables has not made any representation to Seller, nor has Seller relied upon Gates in Gables in determining the List Price and Gates and Gables has no responsibility to advise Seller of changes in the marketplace or other factors which may impact the List Price and the properties overall marketability.

• Minimum / Limited Services. At all times during the term, regardless of which package is selected, Gates and Gables will provide the services as outlined in the signed listing agreement.  Additionally, an administration fee of $395 will be charged to the buyers agent (if one exists) and paid to listing broker at closing. There is no extra fee paid by the seller. Again, this fee is deducted from Buyers broker commission at closing and ONLY applies if a Buyers Broker is involved.

• Package Services. During the Term, Gates and Gables may provide Seller with certain services, depending upon the Selected Package, as more fully described below:

Listings

• Local MLS Listing. Gates and Gables shall use the information provided by Seller on the Listing Agreement to create a listing on the MLS for the purposes of advertising the Property for sale. Should the MLS require additional listing forms, Seller agrees to cooperate and promptly complete the forms needed for Gates and Gables to comply with MLS requirements.

• Zillow, Trulia & More / Realtor.Com / Local Realtor Sites. Gates and Gables shall also use the information provided on the Listing Agreement to create listings on Realtor.com, Zillow, Trulia, and/or certain local realtor sites, all in Gates and Gables discretion, for the purposes of advertising the Property for sale.

• Accuracy. Gates and Gables will solely use the information provided on the listing agreement and all paperwork provided in creating listings on the aforementioned sites and MLS. Seller acknowledges that Gates and Gables in no way controls or warrants the accuracy of the information and that Seller is solely responsible for the accuracy of the information provided and displayed on the aforementioned realtor sites. Seller will promptly inform Gates and Gables of any necessary changes to the provided information.

• Photos. Unless otherwise stated, the “photos” included in the Packages are limited to those photos provided by Seller. If the Selected Package or Add-on includes professional photos, Seller will be responsible for coordinating directly with the photographer selected by Gates and Gables, in its discretion, and shall make the Property available to be photographed within a reasonable period of time from the Effective Date.

• Sign. Unless otherwise stated, Gates and Gables shall deliver to Seller it’s then current standard yard sign for display. Depending on the Property location, an additional shipping fee may be charged. Gates and Gables is not responsible for any shipping delays which are outside of its control. If the Selected Package or Add-on includes a premium sign, Gates and Gables shall arrange for installation and removal of the sign. Seller acknowledges that the actual installation and removal will be conducted by a third party and, while Gates and Gables is careful in its selection of third-party companies it retains for this purpose, Gates and Gables is not responsible for any damage incurred to the Property by such third party.

• Contracts, Addendums & Disclosures. Gates and Gables shall provide on its website for download by Seller standard MLS approved contracts, addendums and disclosures. Gates and Gables makes no representation that its website will be free from interruption. Further, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information.

• Printable Color Flyer and Personalized Property Website. These services offered from time to time in Gates and Gables sole discretion are limited to Gates and Gables standard templates, which will be customized with Seller’s specific Listing in Gates and Gables discretion. The Flyer will be provided to Seller jpg and pdf format via the email address provided on the Listing Agreement. Gates and Gables makes no representation that Personalized Property Website will be free from interruption.

• Scheduling Service. Seller may, but is not required to, utilize Showingtime (www.showingtime.com) to schedule and manage all showings and communicate with potential buyers and/or buyers broker. Contact Gates and Gables for more information.

• Changes. Sellers can make an unlimited number of changes to its Listing without additional charge. Any request to make a change to the Listing must be submitted in writing to Gates and Gables by Seller using its standard Change Order form (provided upon request). Gates and Gables shall update the applicable listing with the newly provided information within two (2) business days of receipt of Seller’s submitted written modification. Sellers selecting the Basic Package must pay a change fee before any changes will be made.

• Upgrade Options. Seller may elect to upgrade their Selected Package to a higher-level Package or convert the Services to Gates and Gables’ Full MLS Listing Service at any time by delivering a signed copy of an Upgrade Request to Gates and Gables along with the appropriate fee and updated documentation, if any. Contact Gates and Gables for more information. 


• Add-Ons. Additional materials or services (“Add-ons”) may be purchased at any time by selecting the appropriate item on the Website and paying the correlating fee (“Add-on Fee”).

 

Seller Representations and Obligations. Seller represents and warrants as follows:

a. Seller is legally entitled to convey the Property and all improvements. Seller shall immediately inform Gates and Gables of any change or encumbrance to title of the Property including but not limited to any lis pendens or foreclosure, this obligation shall continue through closing. Seller shall immediately notify Gates and Gables on any missed mortgage payments during the Term.

b. SELLER UNDERSTANDS AND AGREES THAT IT IS ILLEGAL TO DISCRIMINATE AGAINST ANY PROSPECTIVE BUYER OR LESSEE ON THE BASIS OF RACE, AGE, COLOR, RELIGION, SEX, ANCESTRY, ORDER OF PROTECTION STATUS, GENDER IDENTITY, MARITAL STATUS, PHYSICAL OR MENTAL HANDICAP, FAMILIAL STATUS, PREGNANCY, NATIONAL ORIGIN, SEXUAL ORIENTATION, MILITARY STATUS, DISHONORABLE DISCHARGE FROM THE MILITARY SERVICE, ARREST RECORD, OR ANY OTHER PROTECTED CLASS. THE PROPERTY WILL BE OFFERED TO ANY PERSON WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, NATIONAL ORIGIN OR ANY OTHER FACTOR PROTECTED BY FEDERAL, STATE OR LOCAL LAW.

c. The Property is not listed with any other broker.

d. Gates and Gables is being engaged solely to provide the services attributable to the Selected Package.

e. Seller shall not advertise the Property as being available for sale at a price that is lower than the List Price.

f. Seller may display the provided Gates and Gables yard sign on the Property unless a yard sign is prohibited by any association or governing authority. Seller shall inform Gates and Gables of any rules or restrictions relating to yard signs by any association or governing authority. Seller shall be solely responsible for any fees or violations of the display of any yard sign by any association or governing authority. In the event that a yard sign is prohibited by any association or governing authority, Seller may elect to have a standard sign mailed to them at no additional costs and acknowledges that no reimbursements are provided for any prohibited professional and/or yard signs not permitted. Seller shall not display any other signage on the Property not approved by Gates and Gables.

g. For Seller provided photos, Seller personally took the photos to be included in the listing and use by Gates and Gables of such photos will not violate any other party’s intellectual property rights.

h. The information included in the Listing Agreement is true and correct to the best of Sellers knowledge.

i. The Packages offered do not include escrow services and Gates and Gables shall have no obligation to hold earnest money on behalf of Seller. Seller shall not accept any offer for the sale of the Property that obligates Gates and Gables to hold any earnest money. Seller shall not accept or hold any earnest money. Seller shall be solely responsible for arranging a qualified third party to accept and hold, any and all earnest money.

j. Seller shall provide Gates and Gables with a copy of any executed contract for the sale of the Property within twenty-four (24) hours of its execution by all parties.

k. Seller shall timely make all legally required disclosures, including all facts that materially affect the Property’s value and are not readily observable or known by the buyer.

l. If not included in the executed contract, Seller shall notify Gates and Gables of the name and phone number of the settlement agent or attorney upon receipt of the information.

m. Seller shall include Gates and Gables on all emails, correspondences, and documents relating to the real estate purchase of the Property up to Closing.

n. Seller shall provide Gates and Gables 5 days advance notice of any set closing date.

o. Seller shall provide Gates and Gables with a copy of the closing settlement statement (HUD1) within twenty-four (24) hours from the Closing Date.

• Cooperating Broker. If a Seller enters into a contract for the sale of the Property with a buyer who, at any time during the Term, was represented by any agency or brokerage, including Gates and Gables (each a “Cooperating Broker”) Seller agrees to pay the Broker Commission to such Cooperating Broker at Closing. This obligation shall continue for a period of one hundred and eighty (180) days following termination of this Agreement. However, Seller shall not be obligated to pay said commission if a valid, written listing agreement is entered into during the term of said protection period with another brokerage and the sale of the Property is made during the term of the subsequent listing agreement. In the event that Seller procures a bona fide offer and sells the Property without any cooperating broker, then no commission is due. 


• Disclaimer. Seller acknowledges Gates and Gables is providing a limited brokerage relationship with the Seller and that Gates and Gables represents Seller as a listing agent. Seller has chosen to waive broker representation and be fully responsible for all appointment scheduling, property showings, negotiations, contract preparation, transaction coordination, and all other responsibilities pertaining to the sale or lease of the Property, except as to the extent expressly required to be provided under the Minimum Services or any Selected Package. Seller accepts legal responsibility for complying with all federal, state and/or local laws, administrative rules or ordinances, statutes, the Multiple Listing Service (MLS )Rules and Regulations, and required property disclosures. Gates and Gables strongly recommends Seller seek the guidance and advice of an attorney when selling real estate.

 

• Indemnification. Seller shall indemnify and hold harmless Gates and Gables and its shareholders, directors, officers, employees, agents and representatives from, any and all losses, claims, damages, liabilities and costs, including without limitation commission claims, court costs, reasonable attorney’s fees and MLS penalties and fines, which arise from, are related to, or are in connection with Seller’s breach of this Agreement; any violation of federal, state and/or local laws, administrative rules or ordinances, statutes, MLS Rules and Regulations; failure to timely provide any required property disclosures; Seller’s negligence, representations, misrepresentations, actions or inactions; the existence of undisclosed material facts about the Property; or a court or arbitration decision that a broker who was not compensated in connection with a transaction is entitled to compensation from Gates and Gables. Seller further understands that the Seller may be held responsible by a buyer for any latent or hidden defects or any undisclosed defects in the Property, which are known to the Seller, but which are not disclosed to the buyer. Seller hereby agrees to indemnify, defend and holds Gates and Gables harmless from any and all disputes, litigation, judgments, costs and legal fees incurred in the defense of same. In any litigation arising out of this Agreement, the Seller shall be responsible for any attorney’s fees and court costs incurred by Gates and Gables as described in this Section. This paragraph will survive termination of this Agreement and/or the transfer of title to the Property.

 

• Fair Housing. SELLER ACKNOWLEDGES THAT IT IS ILLEGAL FOR EITHER THE OWNER OR ANY LICENSEE TO REFUSE TO SHOW, DISPLAY, LEASE OR SELL TO ANY PERSON BECAUSE OF, RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, ANCESTRY, AGE, MARITAL STATUS, PHYSICAL OR MENTAL DISABILITY, FAMILIAL STATUS, PREGNANCY, SEXUAL ORIENTATION, INCLUDING BUT NOT LIMITED TO GENDER IDENTITY, UNFAVORABLE DISCHARGE FROM THE MILITARY SERVICE, MILITARY STATUS, ORDER OF PROTECTION STATUS, AN ARREST RECORD, OR ANY OTHER PROTECTED CLASS . 


• Miscellaneous. This Agreement, and the exhibits attached hereto, if any, constitute the entire Agreement among the Parties pertaining to the subject matter hereof. This Agreement, and the exhibits attached hereto, if any, shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, legal representatives, successors and permitted assigns. The headings and titles of the sections herein are for convenience only and do not nor are intended to limit, expand, interpret, or construe the contents of the sections. No amendment or modification of any provision of this Agreement will be effective unless set forth in a written document that purports to amend this Agreement, executed by the Parties. Neither party shall sell, transfer or assign any right or obligation hereunder except as expressly provided herein without the prior express written consent of the other party. Any act in derogation of the foregoing shall be null and void. The validity, construction, and performance of this Agreement shall be governed by the substantive laws of the State of Illinois. The Parties further agree that, in the event of a dispute arising hereunder, the jurisdiction and venue of any proceeding shall be proper solely in the County of Lake, State of Illinois.. Any provision of this Agreement held by a court of competent jurisdiction to be contrary to law or invalid, shall be enforced to the extent permissible and the remaining portions of this Agreement shall remain in full force and effect. A waiver by either party to enforce a breach of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other provision. Words in the singular include the plural and vice versa. The words “include” and “including” indicate examples only and do not limit the general nature of any preceding words. Reference to a “section”, “paragraph”, “exhibit” or “schedule” is to the corresponding section, paragraph, exhibit or schedule of this Agreement. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument, and any party hereto may execute this Agreement by signing any such counterpart. A Party’s signature delivered by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signature.

 

• Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement must be in writing and addressed to the other party at its address set forth below.

 

GATES AND GABLES: 1052 GOLDFINCH CT, ANTIOCH, IL 60002

 

SELLER: As provided on the Listing Agreement or Change Order, if any.

 

Such notice shall be deemed delivered (a) that day if sent by personal delivery; (b) that day if it is sent by facsimile, electronic or similar communication, with a copy sent first class United States mail, postage prepaid, however no copy need be sent by United States mail in the event that receipt is acknowledged by the recipient through responsive or subsequent email or communication; (c) the next business day after deposit in overnight mail with a nationally recognized overnight mail courier; or (d) three (3) business days after mailing by registered or certified United States mail, postage prepaid. Notwithstanding the forgoing, notices sent in between the party’s legal counsel (identified above) shall be deemed sufficiently sent under the terms hereof without necessity of delivery directly to the party itself.

 

Gates and Gables Company

By: Kathleen Bak

Kathleen Bak

as Designated Broker