Activation Date:

For the purposes of this listing agreement and service Hillman Real Estate Inc. will be referred to as the Broker.

In consideration of the mutual agreement herein using a Facilitation Right to Sell listing agreement, the undersigned Seller(s) hereby agrees to enter into a listing agreement with Hillman Real Estate to market and sell the aforementioned property. The Seller(s) also acknowledges that the Disclosure Form / will be acknowledged and signed programmatically by both parties and delivered via email along with this listing agreement once completed. If you do not understand any portion of this agreement feel free to ask us for clarification or consult your attorney. We recommend that all sellers have legal representation when selling real estate. If you do not understand any portion of this agreement feel free to ask us or consult your attorney.

The Broker hereby agrees to enter the listing into MLS once the following items are received: (1) Disclosure Form . (2) Listing Agreement. (3) Property Data Input Form.

The Broker will be acting as a selling side ‘Facilitator.’ The undersigned Seller(s) grants the Broker authority to list said property on the Multiple Listing Service and will be compensated an upfront flat fee of prior to activating the listing. Additionally, in order to list a property on MLS, compensation to a Buyer’s Agent is required. If the Buyer’s Agent is the procuring cause of the deal, you hereby agree to pay a commission of: of the total purchase price (net) to the said Buyer's Agent. The compensation amount being offered will be stated on the agent listing sheet. If no agent is involved in the sale of said property, it is specifically understood that no commission is due.

The initial period of this agreement shall be for a term of 12 months from date of activation. The Seller may terminate this agreement at any time without penalty by notifying the Broker in writing via our Client Center form, however, the is non-refundable. Once a termination request is made by seller and received by Broker, the listing will be cancelled within 24 hours.

The Broker will offer Money Back Guarantee if the Seller(s) would like to cancel the listing to re-list with another real estate brokerage. Referrals between brokerages is common practice. In order to be eligible for this refund, the Seller(s) must submit a cancelation request via our Client Center to inform us of your plan. If you have an agent/brokerage in mind we will contact them on your behalf using a standard real estate referral form. They will contact you shortly after to set up a time so you can interview them. Once you have been in discussions with another brokerage we will be unable to refer you and this offering becomes null and void. Upon successful closing through the referred agency, and recordation of the deed, Hillman Real Estate will send the Seller(s) a check or electronic payment equal to the money spent on our listing service.

§ 1. The Seller(s) further agrees to follow protocol by responding to all inquiries in a timely fashion and provide reasonable access for showings. Since we are required to follow the rules & regulations set forth by MLS, we require our sellers to follow our guidelines to ensure we are working together in a collaborative and organized manner.

1. When you accept a written offer (the first document a buyer submits for consideration) you must notify us with the following information immediately. (1) Price. (2) Closing Date. (3) Buyer's Agent & Brokerage using our Client Center form. All information provided to Hillman from Seller(s) shall remain confidential. It is in the best interest of the Seller(s) to not disclose information about pending deals to anyone but Hillman.
2. If a Buyer's Agent calls to show your property after a written offer has been accepted, the Seller(s) must not tell said Buyer's Agent that an offer has been accepted, if you haven’t notified us about the deal using our Client Center. We are required to flag the status of all listings within 24 hours of acceptance.
3. On the day of the closing, we require that you, the Seller(s), confirm the (1) Recorded Price. (2) Recorded Closing Date. (3) Recorded Buyer Agent & Brokerage one last time to ensure accuracy before we officially closed out the listing on MLS.

§ 2. Photographs

You may submit up to 30 photos with your listing. One photo must be an exterior shot. Photos must be submitted within 5 days of activation. Please name the image files to reflect the order in which you would like them displayed and send them to photos@instamls.com.

§ 3. Listing Revisions

All listing revisions and change requests (i.e. open house announcements, price changes, other revisions etc.) must be done on our website using our Client Center form. Since written permission is required to edit listings, changes will not be made over the phone under any circumstances. Filling out the Client Center form grants us authorization to make changes to your listing. The Seller(s) is responsible for reviewing the published listing and must notify us of any errors.

§ 4. Open Houses

Open House scheduling information (date / time) may be added to your MLS listing each week. This request should be sent in on Tuesday’s by 6pm to ensure 3rd party sites have enough time to display the announcement before the weekend rolls around. Your listing will have a set of balloons on MLS signifying that you will be holding an Open House.

§ 5. Bonus Sites

MLS allows automatic data transfers to several 3rd party Real Estate websites and we cooperate with all of them, however, we have no control over these sites and cannot guarantee their reliability. Your flat fee to Hillman Real Estate is for the publishing to MLS ONLY. Third party bonus sites are purely a bonus subject to change without prior notice. Please view our site for a limited list of bonus sites.

§ 6. COOPERATING AGENT COMMISSION [Updated: 8/25/2024]

Per the newly revised MLS rules, sellers are no longer required to offer compensation to a buyer’s agent to list a property on MLS. Sellers are neither required to offer compensation nor obligated to agree to any cooperating broker’s request for compensation. However, sellers can still choose to offer a commission to encourage buyer agents to bring clients to their property. The commission amount to be offered to a cooperating buyer’s agent shall be of the total net sales price of property. This commission is typically deducted from the sales price at closing. No commission is due if the buyer is not represented by an agent. HRE will never ask for a commission. Under the new rules, if a seller offers compensation, the cooperating buyer’s agent shall be considered an ‘intended third-party beneficiary’ of this agreement section and can enforce the commission terms upon the execution of the P&S agreement. If you decide not to offer a commission you may edit the commission amount for a one-time administrative fee of $50. A ‘compensation addendum’ will be added to the original listing agreement. To change the commission amount from 0% to another value, use the Commission Change Form available here: https://instamls.com/commission-change/

§ 8. For Sale Signage

Per the Rules & Regulations of Realtor MLS you may NOT plant a sign that says FSBO – FOR SALE BY OWNER – BY OWNER. This is essentially to prevent Buyers and their Agents from getting confused when showing up for an appointment. Any fines imposed by Realtor MLS for not following this signage rule will be passed onto the Seller(s). We also reserve the right to cancel your listing if it is reported that you, the Seller(s), are not following this signage rule. We have professionally printed double-sided color signs with a galvanized steel lawn stake available for purchase. They are 18" x 24" and can be customized with the 3" numerical stencil set and a jumbo blue permanent marker that we include. Price: $50.00.

Do you need a customizable for sale sign? 3" Numerical Stencils and a Jumbo Blue Permanent Marker are included. Price: $60.00

§ 9. Payment

We accept the following payment types: Visa, MasterCard, Discover and American Express. We do not store payment information. Due to the nature of this service, we do not provide refunds for services rendered.