Exclusive Right to Lease Residential Brokerage Agreement --
DMS Properties, LLC ... Residential Property Management transformed into a full-service real estate brokerage company ... DMS Properties, LLC ... Residential Real Estate Services on September 22, 2013. As a result of that change, we terminated the use of our original Tenant Placement Service Agreement. For the purposes of marketing rental properties, we now use the Rental Listing Agreement Document that is provided and approved by the Maryland Association of Realtors (MAR). We are providing a synopsis of the document here. You will also be able to download and review the PDF Version, too. The portions that are shown in green are the parts we fill in with the same information each time.
RIGHT TO LEASE
1. OWNER(S) (List All): _________________________________________________________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________________________________________________________
Office Telephones: __________________________________________ Office/Home Fax: ______________________________________
Home Telephones: __________________________________________ Cell Phones: ______________________________________
Email Addresses: _______________________________________________________________________________________________________________________________________
2. BROKER: DMS Properties, LLC ... Residential Real Estate Services
Office Address: 3200 Crain Highway, Suite 305, Waldorf MD 20603
Office Telephone: 301-744-0002 Office Fax: 301-744-0002
Listing Agent: ________________________________________________________________________________ Direct Line: ______________________________________
Home Phone: ____________________________________________ Cell Phone: __________________________________________
Email Address: _________________________________________________________________________________________________________________
3. PROPERTY LISTING: DMS Properties, LLC ... Residential Real Estate Services ("Broker") is hereby authorized by the undersigned Owner(s) or by the authorized representative of Owner(s) ("Owner") to lease, as the exclusive real estate broker, the property known as: _____________________________________________________________________________________________________________ ("Property").
4. LISTING TERM/RIGHTS OF PARTIES FOLLOWING EXPIRATION OR TERMINATION OF AGREEMENT: This Agreement shall be effective on ________________________ (mm/dd/yyyy) and shall continue until midnight on ______________________ (mm/dd/yyyy), (the "Listing Term") unless terminated in accordance with the provisions of this section.
As required under Section 17-534(b)(5) of the Maryland Real Estate Brokers Act, the parties agree to the following provision for the termination of this Agreement (Broker to insert terms of termination):
____________________________________________________ Termination of this agreement by either party with 15 days written notice _________________________________________
An expiration or termination of this Agreement by Owner or Broker shall be subject to the provisions of Paragraph 12 of this Agreement, and Paragraph 12 of this Agreement shall survive the expiration or termination of this Agreement. Notwithstanding the rights of the parties to terminate this Agreement as provided herein, Broker, in Broker's sole and absolute discretion, may terminate this Agreement at anytime and effective immediately in the event Owner provides false information, misrepresents any fact to Broker or other third-party, or violates or indicates any intention to discriminate in violation of any applicable federal, state or local fair housing law(s).
5. LEASE PRICE: The lease price of the Property is $__________________________________ per month and shall be the price advertised by Broker. If Owner desires to change the lease price, Owner shall immediately inform Broker in writing of the changed lease price, and such changed lease price shall thereafter be the price advertised by Broker.
6. SHOWING INSTRUCTIONS (for LOCK BOX see addendum): _______ Lock Box on door; Agents must schedule all property showings on-line through MRIS Showing Time; No exceptions _________.
7. MARKETING/MLS/INTERNET ADVERTISEMENT:
(a) Broker is authorized to and shall market the Property including, but not limited to, entering the Property into the applicable multiple listing service(s) ("MLS"), installing a sign, photographing the Property and installing a lock box. Owner acknowledges that Broker is bound by the bylaws, policies and procedures, and rules and regulations governing the MLS and the lock box system owner. Broker is hereby granted the right to report to the MLS for dissemination, in accordance with the MLS rules and policies, any lease and lease price (including the other terms upon which any lease of the Property is made). Except as otherwise provided in paragraphs (b) and (c) below and in accordance with the directions therein, Broker, upon election by Broker and in Broker's sole and absolute discretion, is hereby authorized by Owner to submit and market the Property (including street name and house number) by and through:
(b) Owner may elect not to have the Property listing displayed on the MLS at all. (Owner to initial if Owner does not authorize Broker to display Property listing on the MLS at alll):
_________/_________ Broker may not submit and market the Property by and through display on the MLS.
Owner hereby acknowledges that, having selected not to display the Property listing on the MLS at all: (1) real estate licensees from other companies and their buyer clients who have access to the MLS may not be aware that Owner's Property is for lease and the terms and conditions under which Owner is marketing the Property; (2) Owner's Property will not be included in the MLS's download to various real estate internet sites that are used by the public to search for property listings; and (3) any reduction in the exposure of teh Property may lower the number of applications made and negatively impact the lease price. (Owner to initial): _______/________
(c) Owner may elect not to have the Property listing or the Property address displayed on the internet. Owner hereby directs Broker that (Owner to initial all that apply):
__________ Broker may not submit and market the Property by and through display on any internet website.
__________ Broker may submit and market the Property by and through display on any internet website, but Owner elects not to permit display of the Property Address on any internet website.
Owner hereby acknowledges that, having selected either or both of the above option(s) not to allow information on internet websites, a consumer who conducts searches for listings on the internet will not see the corresponding information about the Property in response to a search. Owner to initial: ______
(d) Certain features may be displayed on the websites of MLS participants, including unedited comments or reviews of the Property (or display a hyperlink to such comments or reviews).
(Owner to initial):
Owner ____________ authorizes or ___ XX ____ does not authorize the display of unedited comments or reviews of the Property (or display a hyperlink to such comments or reviews) on MLS patricipants' websites.
During the term of this Agreement, Owner, by written request to Broker, may authorize Broker to enable or disable use of the feature described above. Broker agrees to transmit promptly te request to the MLS.
(d) Broker's responsibility to market the Property is suspended upon Owner's acceptance of a written offer to lease the Propety, unless otherwise agreed by Broker.
(e) COMING SOON LISTING STATUS: The "Coming Soon" listing status is an option for properties listed in METROPOLITAN REGIONAL INFORMATION SYSTEMS, INC. ("MRIS") that are not available but will be soon. Onwers who choose this option must have executed a listing agreement. Listings under the "Coming Soon" status are given a multiple listing service ("MLS") number. All MRIS subscribers may view listings under this status. However, properties listed under the "Coming Soon" status may not be shown and are not syndicated to public real estate websites. If Owner selects this status, the listing agent must enter an expected on market date in MRIS that can be no later than 21 days from when the listing was submitted to MRIS. The "Coming Soon" status will automatically update to "active" on the expected on-market date if not made "active" sooner.
8. GRANT/RELEASE OF PROPERTY DATA TO BROKER: Owner grants to Broker the unlimited right to use, publish, disseminate, sell, and license to others all text, graphics, photos, virtual tours, documents, and any other types of data entered into the MLS, and Owner hereby releases to Broker all of the Owner's interests and all intellecutal property rights therein. If Owner elects to allow dissemination of Property data on the internet, Owner understands and agrees that public websites determine their own content and use of data, and therefore Broker has no control over public websites and no obligation to remove any of the above content from public websites at any time.
9. FAIR HOUSING: With respect too race, color, religion, sex, national origin, handicap or familial status, the Property is offered in compliance with the Civil Rights Act of 1968, and the Fair House Amendments Act under Federal law. Additionally, the Property shall be offered in compliance with the anti-discrimination provisions of Maryland law and any local, county and municipal fair housing laws.
10. OWNER RESPONSIBILITY/INSURANCE: Broker shall not be responsible for the care, or physical condition of the Property. Owner shall remain solely responsible for the care and physical condition of the Property, including, but not limited to, cost of all utilities, maintenance, the physical security of the Property and all personal property and maintaining adequate property and personal injury insurance during the term of this Agreement; and, Broker shall have no liability for such matters.
11. REPAIRS: Owner is hereby notified that repairs of the Property may require that the individuals engaged to perform such repairs must be duly licensed.
12. BROKER'S COMPENSATION: The amount of Broker compensation is not prescribed by law or established by any membership organization with which the Broker is affiliated.
For services rendered, the Compensation to be paid by Owner to Broker shall be ___________ 75% of the First Month's Rent when a co-operating agent brings a qualified tenant ___________
The Compensation shall be deemed to have been earned by Broker and shall be due and payable by Owner to Broker if:
A. During the term of this Agreement, or any renewal or extension thereof:
B. Owner defaults or voluntasrily agrees to terminate a lease; or
C. Owner breaches this Agreement.
Where tenant renews the tenance after the expiration of the original lease term or enters into a new lease beyone the terms of the original lease, Owner shall pay an additional brokerage fee of _____________ N/A _______________. The additional brokerage fee shall be due and payable at the beginning of each renewal term or new lease term.
If, during the term of the lease or any extension thereof or within _____ 6 _____ months following the expiration or termination of the lease, the tenant should enter into a written agreement with Owner to purchase the Property, Owner agrees to pay Broker a Brokerage Fee in the amount of _______ 3% ______ as compensation for Broker's services. The party making settlement is hereby irrevocably authorized and directed by Owner to deduct the Brokerage Fee from the proceeds of sale and pay the same to Broker as a convenience to Owner and not as a limitation uppon Owner's liability to pay the Brokerage Fee.
The Compensation due Broker shall be a charge against the Property and shall be paid at settlement as a convenience to Owner. However, Owner acknowledges and agrees that settlement on the Property shall not be a condition precedent to Owner's obligation to Broker as herein provided.
If Broker prevails in any action brought to obtain payment of the Compensation, Broker shall also be entitled to recover in such action Broker's reasonable attorney's fees and court costs.
Owner shall have no obligation to pay the Compensation to Broekr if the Property is listed by any other licensed real estate broker following the expiration of this Agreement, or upon renewal or extension thereof, or following the termination of this Agreement as herein provided, unless such termination by Owner is for the purpose of avoiding the obligation of ownwer to pay the Compensation to Broker.
13. AUTHORITY TO COOPERATE WITH OTHER BROKERS: Broker shall be entitled to cooperate with other brokers as subagents of Broker ("Subagents") and/or brokers retained by prospective tenants to represent tenant's interests ("Tenant Agents"). Owner consents to Broker's cooperation and fee sharing with Subagents or Tenant Agents (collectively "Cooperating Brokers"). Broker shall pay to any Subagent, who has earned and is entitled to share in the Fee, _____ 25% of the First-Month's Rent __________. Broker shall pay to any Tenant Agent who has earned and is entitled to share in the Fee, ____ 25% of First-Month's Rent _____.
14. MINISTERIAL ACTS: Owner hereby consents to and authorizes Broker and Broker's agents, whether acting as Subagents or Tenant Agents, to provide ministerial acts as defined by law on behalf of Owner to third persons in connection with the lease of the Property.
15: LEAD-BASED PAINT:
A. LEAD-BASED PAINT HAZARD: Owner acknowledges that the Property, if constructed before 1978, is subject to Federal law (Title X) as to the presence of lead-based paint and/or lead-based paint hazards.
If Owner is uncertain as to the date the Property was constructed, Owner agrees that, for the purpose of the lease contemplated by this AGreement, the Property will be treated as though it had been constructed prior to 1978. If Title X applies to the Property, Owner acknowledges receipt of brochure entitled "EPA and HUD Real Estate Notification and Disclosure Rule" from Broker, and Owner agrees to comply fully with the requirements as set forth in the Rule. Accordingly, if applicable, Owner is required to disclose to tenant, based upon Owner's actual knowledge, all known lead-based paint hazards in the Property and provide tenant with any available reports in Owner's possession relating to lead-based paint or lead-based paint hazards applicable to the property. Additionally, the Disclosure of Information on Lead-Based Pint and/or Lead-Based Paint Hazards shall be attached and made a part of the lease. For detailed information regarding the EPA and HUD Real Estate Notification and Disclosure Rule, Owner should visit: http://www.epa.gov/region1/enforcement/leadpaint/section1018.html.
B. RENOVATION, REPAIR AND PAINTING OF PROPERTY: In accordance with the Lead Renovation Repair and Painting Rule ("RRP") as adopted by the Environmental Protection Agency (the "EPA"), effective April 22, 2010, if the improvements on the Property were built before 1978, contractor(s) engaged by Owner to renovate, repair or paint the Property must be certified by the EPA where such work will disturb more than six square feet of paint per room for interior projects; more than 20 square feet of paint for any exterior project; or includes window replacement or demolition ("Covered Work"). Before and during any Covered Work project, contractor(s) must comply with all requirements of the RRP.
An Owner who personally performs any Covered Work on a rental property is required to be certified by the EPA prior to performing such Covered Work. No certification is required for an Owner who personally performs Covered Work on the Owner's principal residence. However, Owner has the ultimate responsibility for the safety of Owner's family or children while performing such Covered Work. For detailed information regarding the RRP, Owner should visit http://www2.epa.gov/lead.renovation-repair-and-painting-program.
C. MARYLAND LEAD POISONING PREVENTION PROGRAM: Under the Maryland Lead Poisoning Prevention Program (the "Maryland Program"), any residential dwelling constructed prior to 1978 that is leased for residential purposes is required to be registered with the Maryland Department of the Environment (MDE). Eetailed information regarding compliance requirements may be obtained at: http://www.mde.state.md.us/programs/Land/LeadPoisoningPrevention/Pages/index.aspx. Owner may be required to submit the Property to testing for the presence of lead-based paint. Owner may be required to perform lead hazard reduction prior to leasing the Property.
Owner represents and warrants to Broker, Broker's agents and cooperating brokers/agents, intending that they rely upon such warranty and representation, that the Propertry was constructed: (Owner to initial one):
Owner understands and acknowledges that compliance under Federal Program and the Maryland Program is the sole responsibility of Owner and Owner agrees to read and become familar with the requirements of Federal Program and the Maryland Program related to the leasing of property built prior to 1978. Owner agrees to comply with the Federal Program and the Maryland Program and agrees to undertake all responsibilities for compliance. Owner expressly confirms that Broker shall have no control - actual or apparent - over the Property for purposes of these Programs and that for all purposes of these Programs, Owner shall be solely in control of the Property and solely responsible for compliance. Broker agrees to notify Owner if Broker has actual knowledge of defects relating to the Property including the presence of peeling, flaking or chipping lead-based paint within the interior or exterior of the Property and agrees to forward written communications received from tenants related to lead paint to Owner. Owner agrees to indemnify Broker and hold Broker and its agents and subagents and employees harmless from all costs (including attorneys' fees, actions, suits, debts, dues, sums of money, accounts, contracts, controversides, agreements, damages, judgments, claims and demands whatsoever, at law or in equity, or in any administrative proceeding) arising out of Owner's failure to comply with the Federal Program or the Maryland Program.
16. LIENS AND MORTGAGES: Owner represents to Broker that Owner is current, unless otherwise specified herein, shall remain so, and is not in default on any mortgages or lines of credit secured by the Property. Owner also represents that there are no liens or judgments against the Property and/or Owner including but not limited to Federal, State or Local tax liens. Additionally, Owner represents that Owner has not filed for bankruptcy protection and is not contemplating doing so during the term of this Agreement or any renewal or extension. (Owner to initial all that apply):
_____/______ Foreclosure ______/_______ Potential Short Sale ____/______ Other:
Owner agrees to immediately notify Broker of any changes in the status of the aforementioned liens, mortgages, lines of credit, judgments and material facts.
17. AGENCY DISCLOSURE: Owner acknowledges receipt of "Understanding Whom Real Estates Represent" disclosure form as required by Maryland Law.
18: HOMEOWNERS OR CONDOMINIUM ASSOCIATION: Owner acknowledges that the Property is part of a development which is a (Owner to intial all that apply): _______/_________ Homeowners Association, ________/________ Condominium or _______/_________ Cooperative. Owner shall obtain and be responsile for providing tenant with a copy of the current rules and regulations pertaining to the Property occupancy.
19. RENTAL LICENSE: Owner is hereby notified that certain jurisdictions require a rental license and periodic inspections. (Owner to intial one):
______/_______ Owner represents and warrants that Owner has obtained a rental housing license for the Property. Owner agrees to provide a copy of the rental housing license to Broker.
______/_______ Owner represents and warrants that a rental license was applied for and such license will be in force prior to execution of a lease. Owner agrees to provide a copy of the rental housing license to Broker.
______/_______ Owner represents and warrants that no rental license is required in the jurisdiction in which the Property is located.
20. UTILITIES AND MAINTENANCE; TENANT IS RESPONSIBLE FOR (Owner to check all that apply):
_____ Electric _____ Gas ___ Oil _____ Water/Sewer _____ Trash _____ Lawn
_____ Minor In. Maintenance ____ Minor Ext. Maintenance ____ Gutter Cleaning
____ Tennis/Pool Dues ____ Parking Fees ____ Dock/Slip Fees
____ Condo/Rec Fees ____ HOA Fees
Security Deposit: _______ Equal to one-month's rent _________________________
21. SERVICE ANIMALS: If tenant requires an animal to assist in tenants' daily life activities due to a disability, Owner may not deny tenant the right to have the animal on the Property. Additionally, Owner may not collect an additional security deposit in the form of a pet deposit from such tenant.
22. LEGAL CONSTRUCTION: This Agreement is binding upon the parties hereot, and their personal representatives, successors, heirs and assigns. If this Agreement is signed by more than one person, it shall constitute the joint and several obligations of each. This Agreement contains the entire Agreement of the parties and cannot be changed except by the written agreement of the parties hereto. Owner warrants that there are not other existing agreements or conditions other than as set forth herein. This is a legally binding Agreement; if not understood, seek competent legal, tax or other professional advice. Owner has not relied upon any statement or representation of Broker except as set forth in this Agreement. This Agreement shall be interpreted and construed in accordance with the laws of the State of Maryland.
23. ADDENDA: The Addenda marked below, which are hereby attached, are made a part of this Agreement.
Consent for Dual Agency
Other Addenda/Special Conditions: _______________________________________
RECEIPT OF COPY: Owner acknowledges receipt of a copy of this Agreement at time of signing hereof.
____ Owner ______________________ ___________ Broker (Company Name) ______
____ Owner ______________________ _ Broker or Authorized Representative _____
We will be happy to answer any questions that you may have about this document and our marketing procedures. Contact us today for more information.
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