TightNinja
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- Dec 30, 2009
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I just wanted to make sure tis was legit and I am ot being scammed again. Here are the documents they wanted me to fill out.
This AGENCY LISTING AGREEMENT is between, MYSELF, and Rigler Realty Vacation Property Brokers, (BROKER). SELLER gives the BROKER the authority to sell the TIMESHARE PROPERTY described above, at the price and terms described below for the duration of 364 days from the date of the seller's signature on this agreement. The term of this agreement may be extended upon seller’s written request. This TIMESHARE PROPERTY will be offered to any person without regard to race, color, creed, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local law. SELLER certifies and represents that he/she/it is legally entitled to convey the TIMESHARE PROPERTY.
Broker agrees:
• To present all offers and counter-offers in a timely manner regardless of whether the TIMESHARE PROPERTY is subject to a contract for sale.
• To promote/advertise TIMESHARE PROPERTY as BROKER deems advisable in appropriate media.
• To list the property on Rigler Realty Vacation Property Brokers and related links.
Seller agrees:
• To notify BROKER in writing before leasing or otherwise encumbering the TIMESHARE PROPERTY and to provide details of any such encumbrances.
• To warrant accuracy of information set forth herein and on the data sheets, exhibits, addenda, attached hereto and to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein.
• To obtain any information relating to the present mortgage or mortgages on the TIMESHARE PROPERTY including existing balance, payoff amount and any maintenance fees and taxes due the resort.
• SELLER is responsible for notifying the exchange company of the transfer; the closing company will notify the resort.
• The owner's obligation to pay the timeshare/resort assessments continues for as long as he or she owns the timeshare interest and that when a person inherits a timeshare interest, that person is responsible for paying those assessments.
Conveyance of Title:
• Where the TIMESHARE PROPERTY is held as a deeded interest, SELLER shall (a) furnish to BROKER a copy of seller’s title insurance policy for the TIMESHARE PROPERTY, if any, and (b) convey title to the PURCHASER at closing by Warranty Deed, free and clear of all encumbrances.
Right to Use:
• Where the TIMESHARE PROEPRTY is held under a right to use agreement, the SELLER shall furnish a communication from the developer showing that an unencumbered right to use the unit with the OWNER.
•
Compensation:
• The commission shall be the total purchase price of the TIMESHARE PROPERTY minus the NET LISTING PRICE.. SELLER will receive the NET LISTING PRICE as proceeds from the sale of the TIMESHARE PROPERTY.
• Owner acknowledges that due to expensive advertising and promotional programs incurred by the BROKER that the selling commission may be more than charged in other types of real estate transactions.
• If BUYER refuses to close for any reason the deposit(s) shall be retained, 50% therefore, but not exceeding, the compensation shown above, shall be paid to BROKER as full consideration for BROKER’S services, including costs expanded by BROKER, and the balance shall be paid to SELLER. If the transaction shall not be closed because of refusal or failure of SELLER to perform, SELLER shall pay the minimum compensation in full to BROKER upon demand.
• Closing costs will be borne by the BUYER, or as provided and agreed to in the Sales Contract between SELLER and BUYER.
• If BROKER produces a bona-fide BUYER at the agreed on Net Listing price on this Listing Contract, and SELLER refuses to close while under contract and in escrow with BUYER and SELLER shall pay BROKER its earned commission or a minimum of $1500.00 whichever is greater.
• BROKER’S policy is to cooperate with all other brokers, using separate co-broke agreement, except when not in the SELLER’S best interest.
• BROKER releases SELLER from this agreement if the SELLER is personally responsible for the sale of this TIMESHARE PROPERTY.
They are offering $150 for my timeshare that I am trying to get rid of. I just want to make sure that after I sign this agreement I won't owe them like $4000 or something. The compensation part is what worries me.
Does this look legit to you guys?
This AGENCY LISTING AGREEMENT is between, MYSELF, and Rigler Realty Vacation Property Brokers, (BROKER). SELLER gives the BROKER the authority to sell the TIMESHARE PROPERTY described above, at the price and terms described below for the duration of 364 days from the date of the seller's signature on this agreement. The term of this agreement may be extended upon seller’s written request. This TIMESHARE PROPERTY will be offered to any person without regard to race, color, creed, sex, handicap, familial status, national origin, or any other factor protected by federal, state, or local law. SELLER certifies and represents that he/she/it is legally entitled to convey the TIMESHARE PROPERTY.
Broker agrees:
• To present all offers and counter-offers in a timely manner regardless of whether the TIMESHARE PROPERTY is subject to a contract for sale.
• To promote/advertise TIMESHARE PROPERTY as BROKER deems advisable in appropriate media.
• To list the property on Rigler Realty Vacation Property Brokers and related links.
Seller agrees:
• To notify BROKER in writing before leasing or otherwise encumbering the TIMESHARE PROPERTY and to provide details of any such encumbrances.
• To warrant accuracy of information set forth herein and on the data sheets, exhibits, addenda, attached hereto and to indemnify and save harmless BROKER and those relying thereon for damages resulting from errors contained therein.
• To obtain any information relating to the present mortgage or mortgages on the TIMESHARE PROPERTY including existing balance, payoff amount and any maintenance fees and taxes due the resort.
• SELLER is responsible for notifying the exchange company of the transfer; the closing company will notify the resort.
• The owner's obligation to pay the timeshare/resort assessments continues for as long as he or she owns the timeshare interest and that when a person inherits a timeshare interest, that person is responsible for paying those assessments.
Conveyance of Title:
• Where the TIMESHARE PROPERTY is held as a deeded interest, SELLER shall (a) furnish to BROKER a copy of seller’s title insurance policy for the TIMESHARE PROPERTY, if any, and (b) convey title to the PURCHASER at closing by Warranty Deed, free and clear of all encumbrances.
Right to Use:
• Where the TIMESHARE PROEPRTY is held under a right to use agreement, the SELLER shall furnish a communication from the developer showing that an unencumbered right to use the unit with the OWNER.
•
Compensation:
• The commission shall be the total purchase price of the TIMESHARE PROPERTY minus the NET LISTING PRICE.. SELLER will receive the NET LISTING PRICE as proceeds from the sale of the TIMESHARE PROPERTY.
• Owner acknowledges that due to expensive advertising and promotional programs incurred by the BROKER that the selling commission may be more than charged in other types of real estate transactions.
• If BUYER refuses to close for any reason the deposit(s) shall be retained, 50% therefore, but not exceeding, the compensation shown above, shall be paid to BROKER as full consideration for BROKER’S services, including costs expanded by BROKER, and the balance shall be paid to SELLER. If the transaction shall not be closed because of refusal or failure of SELLER to perform, SELLER shall pay the minimum compensation in full to BROKER upon demand.
• Closing costs will be borne by the BUYER, or as provided and agreed to in the Sales Contract between SELLER and BUYER.
• If BROKER produces a bona-fide BUYER at the agreed on Net Listing price on this Listing Contract, and SELLER refuses to close while under contract and in escrow with BUYER and SELLER shall pay BROKER its earned commission or a minimum of $1500.00 whichever is greater.
• BROKER’S policy is to cooperate with all other brokers, using separate co-broke agreement, except when not in the SELLER’S best interest.
• BROKER releases SELLER from this agreement if the SELLER is personally responsible for the sale of this TIMESHARE PROPERTY.
They are offering $150 for my timeshare that I am trying to get rid of. I just want to make sure that after I sign this agreement I won't owe them like $4000 or something. The compensation part is what worries me.
Does this look legit to you guys?