LISTING AGREEMENT: "SOLE AND EXCLUSIVE RIGHT TO SELL"
Includes Part I, - Seller�s Information, Part II, � Buyer Questions, Part III � Financial information
(For a printable version of this form, click right here)

  1. The seller hereby engages the broker, on a sole and exclusive basis, to sell the above described business and/or property, including all fixtures, goodwill, trademarks, trade names and inventory associated herewith, as specified above. Seller agrees to pay broker ten (10%), but in any event not less than $10,000 of the total sale price. The total sale price, defined as any monies paid to the seller by the buyer for the business; including but not limited to: consulting agreements, non-compete agreements, vehicles, treating equipment, office equipment, equity or ownership in another business or any other item related to the sale of the business. Seller agrees to forward commission to the broker's bank via wire transfer the day of closing or as soon thereafter as possible, or in a time and in the manner hereinafter provided.

  2. Seller agrees that if this listings cancelled or the business is withdrawn from sales during the listing term by seller, the commission shall become immediately due and payable by seller to broker. If seller refuses or is unable to comply with the listing terms for any reason, thereby preventing disposition of all the business during the listing term upon the terms set forth above, the commission shall become immediately due and payable by the seller to the broker.

  3. Seller agrees that the commission shall be immediately due and payable if the seller, directly or indirectly, enter into a purchase and sale agreement (however designated) accepts a deposit or does any other act tantamount to a sale or contract to sell without the written approval of the broker, and the cancellation or rescission of any of the foregoing acts shall not act as a release of seller for such liability.

  4. The seller acknowledges that he/she has supplied the listing information above and hereby warrants such information to be true and correct to the best of their knowledge. This agreement shall commence on the day and year stated herein and continue for one (1) year.

  5. Seller agrees to pay the full commission set forth in this agreement to the broker in the event the property described herein is, within eighteen months after the termination of this agreement, sold, traded or otherwise conveyed to anyone referred to seller by the broker or with whom seller had negotiations during the term of this agreement. All information contained herein are representations of the seller or the seller’s Agent.

  6. If seller is a partnership, corporation or other entity, the person (s) signing on behalf of such entity hereby represent (s) and warrant (s) that he/she has, or they have the authority to enter into this contracts on behalf of said entity. Additionally, the seller must complete schedule "D". Seller hereby acknowledges that he has read and agrees to the terms of this agreement and has received a copy of it.

  7. The broker or his agents have permission to show, electronically, or USPS mail any and all listing information, provided by the seller, to any potential buyer unless specifically excluded in writing in paragraph 12. As my agent, A+ Business Brokers, Inc., and/or their agents, are authorized to accept, give receipt for and hold all money paid or deposited in the broker’s escrow account as a binder thereon and if such deposit shall be forfeited by the prospective purchaser for non performance of a contract, the broker may retain up to one-half of such deposit, but not exceeding the total amount of the commission, as broker’s compensation. In consideration of the above, the seller agrees to refer to the broker all inquiries of real estate brokers or other potential buyers interested in purchasing or acquiring this business and/or property.

  8. Any commission payable to the broker will be paid in cashier’s check or certified funds at the time the commission is due and payable. When a sale occurs, a transfer, or other conveyance of the business, at the time the transaction is closed the full amount of commission shall be due and payable unless specified in the listing agreement in writing, and signed by the broker. The broker has the right to examine any and all closing documents seven working days before closing.

  9. All Real property listings will be separate from the business listing and must be shown in schedule "E" for sale or for lease.

  10. All claims, disputes and controversies that may arise out of or relating in any way to the sale, in connection with this contract, any negotiations between the parties, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Any challenges to the validity or enforceability of this Agreement shall be determined by the arbitrator(s) in accordance with the provisions of the Federal Arbitration Act and the Commercial Arbitration Rules of the AAA. Copies of the rules may be obtained by writing the AAA, or found on the internet at:http://www.adr.org. All arbitration venue Alachua County, Florida.

  11. Should any arbitration commence to enforce the broker’s rights herein, in the event the broker is successful the seller agrees to pay the broker the expenses connected therewith, including arbitration fees incurred. Any arbitration that may arise from this contract venue shall be in Alachua County, Florida.

  12. Special Agreements:


  13. Electronic Signature as Follows: Allen C. Woodward  (Example signature) (signature)
Business Name:
Seller's Signature:
Title:
Date:
Co-Seller's Signature:
Title:
Date:

SCHEDULE "D" 


14. Seller agrees if the Business is a Corporation, signature must have a corporation seal on the signature and seller must complete Schedule "D"

Check here if there is no Corporation.   Initial:

 

Corporate Certificate of Resolution.

Date of Resolution:

A meeting of the board of Directors and/or Stockholders of the Corporation was held in the Corporate offices and the Following Resolution was Adopted.

"Be it resolved that the President, , be Authorized to execute any and all documents necessary for the sale of the assets of the Business known as: (Name of the Corporation)

signature as follows: AllenCWoodward  (Example signature)

(Seal)

Corporate Representative, Title

(Seal)

Corporate Representative, Title

Above Signed are Officers of the Corporation.

Officer of the Corporation *

Name and Title

Officer of the Corporation *

Name and Title

*If additional signatures are required by the Articles or Bylaws of the Corporation.

�By clicking Submit, I signify, I have read the above agreement and I (we) agree to the terms and conditions. I also certify that all the information I have submitted, or will submit, is true and correct to the best of my knowledge. I further agree to fully cooperate by providing all necessary information in a timely manor for A+ Business Brokers, Inc., and it�s agents to present my business to qualified buyers.�



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