JERSEY SHORE MULTIPLE LISTING SERVICE EXCLUSIVE AGENCY LISTING AGREEMENT

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1 This form has been certified by the Attorney General to be in compliance with the Plain Language Law. Approval of a consumer contract by the Attorney General only means that simple, understandable and easily readable language is used. It is not an approval of the contract s terms or legality. JERSEY SHORE MULTIPLE LISTING SERVICE EXCLUSIVE AGENCY LISTING AGREEMENT (check all that apply) RESIDENTIAL CONDOMINIUM ADULT COMMUNITY VACANT LAND MULTI-FAMILY COMMERCIAL RENTAL/LEASE The term in this agreement shall also mean Landlord in the case of a lease EXCLUSIVE AGENCY LISTING AGREEMENT beginning: and ending, between: SELLER: and BROKER (AGENCY): Phone: Agency Address: In consideration of BROKER listing and attempting to obtain a purchaser or tenant for SELLER S property known as: Address: City, State ZIP Lot / Block The SELLER appoints BROKER exclusive agent and gives BROKER the right to sell this property for $, or for any other price and any terms to which the SELLER may consent; or, to lease or rent at an annual rate of $. DEFINITION OF EXCLUSIVE AGENCY LISTING: An EXCLUSIVE AGENCY LISTING is a listing Agreement that gives one real estate BROKER the exclusive right to sell a property while allowing the SELLER the right to sell the property on his own without a commission being due to the listing BROKER. An EXCLUSIVE AGENCY LISTING precludes the SELLER, during the term of this Agreement, from listing the property for sale with another real estate BROKER. The SELLER may sell the property with no commission due to the listing BROKER, provided the Buyer was not introduced to the property by the listing BROKER, Subagents, Buyer Agents or Transaction Brokers. If the SELLER sells the property himself during the term of this listing or within a specified number of days from the expiration of this listing, to a Buyer that was introduced to the property during the term of this listing Agreement by the listing BROKER, Subagents, Buyer Agents, or Transaction Brokers then the full commission as described in this Agreement would be due and payable to the listing BROKER. COMMISSIONS ON SALE: SELLER agrees to pay BROKER a commission of, based upon the selling price, if the sale of this property, or any part of it, is made by BROKER or any cooperating agent during the term of the Agreement. The commission to be earned when a ready, willing and able buyer is produced and payable on the closing of title and delivery of the deed. However, in the event title does not close as a result of breach of contract by the SELLER, the SELLER shall be liable to the listing BROKER for the commission. COMMISSIONS ON LEASE: If the premises are rented, the SELLER agrees to pay the listing BROKER a commission of and a commission of on each renewal of the lease. If during such tenancy the tenant at any time purchases the real estate, a commission of based upon the selling price, shall be paid to the listing BROKER by the SELLER. AS SELLER YOU HAVE THE RIGHT TO INDIVIDUALLY REACH AN AGREEMENT ON ANY FEE, COMMISSION, OR OTHER VALUABLE CONSIDERATION WITH ANY BROKER. NO FEE, COMMISSION OR OTHER CONSIDERATION HAS BEEN FIXED BY ANY GOVERNMENTAL AUTHORITY OR BY ANY TRADE ASSOCIATION OR MULTIPLE LISTING SERVICE. Nothing herein is intended to prohibit an individual BROKER from establishing a policy regarding the amount of fee, commission or other valuable consideration to be charged in transactions by the BROKER. BROKERAGE PROTECTION: A brokerage fee shall be paid if this property becomes subject to a written or other agreement by the buyer and seller or their designees or is sold, conveyed, or otherwise transferred within days (herein negotiated) after the termination of this Agreement, or any extension of it, to any buyer introduced by the listing BROKER, Subagents, Buyer Agents or Transaction Brokers to this property during the term of this listing agreement or any extensions thereof. However, this protection does not apply if the property is subsequently listed with another real estate broker at the time of sale. SELLER S REPRESENTATIONS OF THE PROPERTY: SELLER states that they are the only owners of this property, that they have the legal right to list and sell it, and that they can and will sign those documents required to transfer good title at closing. SELLER warrants and represents that the plumbing, air conditioning, electrical, heating, well and pumps, ventilating, septic systems and included appliances and fixtures (where applicable) are in working order and shall be so at the time of closing. SELLER additionally warrants that he/she knows of no existing defects in any of the above. SELLER S PROPERTY DISCLOSURE: SELLER-prepared property condition disclosure form IS IS NOT available for review by prospective Buyers. Page 1 of 5 pages

2 DISCLOSURE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS: Federal law imposes a series of obligations on SELLERS of residential real estate. SELLERS of properties built before 1978 must disclose their actual knowledge (e.g. prior test results or other first-hand information) of lead-based paint hazards. (a) Was this property built before 1978 Yes No I don t know Unless SELLER can confirm the property was built after 1978; the property is considered target housing. (b) If SELLER answered Yes or I don t know, Addendum A Disclosure of Information and Acknowledgement Lead-Based Paint and/or Lead- Based Paint Hazards must be completed. OTHER OBLIGATIONS OF SELLER: SELLER agrees to refer to BROKER every person who was introduced to this property by the listing BROKER, Subagents, Buyer Agents or Transaction Brokers and subsequently contacts SELLER directly during the term of this Agreement concerning this listing or the sale or lease of this property and to direct that all negotiations with such persons for the sale or lease shall be made through the BROKER named in this Agreement. SELLER shall cooperate with BROKER in affording any prospective Buyer the opportunity of a full inspection of this property. SELLER states that the information given and listed on this Listing Agreement is complete and correct and will reimburse BROKER for any expense and/or loss resulting from relying on incomplete or incorrect information. SELLER, also, agrees to provide a Certificate of Occupancy, Smoke Detector Certification and/or Well Water Certification, if required by local ordinance. SELLER authorizes the BROKER to place BROKER S For Sale or For Lease signs on the property and to take any other reasonable actions to sell or lease the property. SELLER agrees to not allow any For Sale signs other that the listing BROKER S on the property. SPECIAL CONDITIONS OF THIS LISTING AGREEMENT: The SELLER will allow up to days for the Buyer to arrange a mortgage. INCLUDED IN SALES PRICE PERSONAL PROPERTY NOT INCLUDED IN SALES PRICE _ CONSUMER INFORMATION STATEMENT: By signing this Agreement, SELLERS acknowledge that they have received the Consumer Information Statement on New Jersey Real Estate Relationships. REAL ESTATE RELATIONSHIPS: I, (name of licensee) AS AN AUTHORIZED REPRESENTATIVE OF (name of firm), INTEND, AS OF THIS TIME, TO WORK WITH YOU AS A: (indicate one) SELLER S/LANDLORD S AGENT ONLY SELLER S/LANDLORD S AGENT & DISCLOSED DUAL AGENT IF THE OPPORTUNITY ARISES TRANSACTION BROKER SUBAGENCY WILL WILL NOT BE OFFERED LISTING BROKERS USUALLY COOPERATE WITH OTHER BROKERAGE FIRMS BY SHARING INFORMATION ABOUT THEIR LISTINGS AND OFFERING TO PAY PART OF THEIR COMMISSION TO THE FIRM THAT PRODUCES A BUYER. THIS IS GENERALLY REFERRED TO AS THE COMMISSION SPLIT. SOME LISTING BROKERS OFFER TO PAY COMMISSION SPLITS OF A PORTION OF THE GROSS COMMISSION, USUALLY EXPRESSED AS A PERCENTAGE OF THE SELLING PRICE, LESS A SIGNIFICANT DOLLAR AMOUNT. OTHER LISTING BROKERS OFFER A PORTION OF THE GROSS COMMISSION LESS ONLY A MINIMAL LISTING FEE OR ZERO. THE AMOUNT OF COMMISSION SPLIT YOUR BROKER OFFERS CAN AFFECT THE EXTENT TO WHICH YOUR PROPERTY IS EXPOSED TO PROSPECTIVE BUYERS WORKING WITH LICENSEES FROM OTHER BROKERAGE FIRMS. ON THIS LISTING, THE BROKER IS OFFERING A COMMISSION SPLIT TO (a) SUBAGENTS NO YES AMOUNT minus (b) BUYER BROKERS NO YES AMOUNT minus (c) TRANSACTION BROKERS NO YES AMOUNT minus IF YOU FEEL THAT THIS MAY RESULT IN YOUR PROPERTY RECEIVING LESS THAN MAXIMUM EXPOSURE TO BUYERS, YOU SHOULD DISCUSS THOSE CONCERNS WITH THE LISTING SALESPERSON OR HIS/HER SUPERVISING BROKER. BY SIGNING THIS LISTING AGREEMENT THE OWNER(S) ACKNOWLEDGE HAVING READ THIS STATEMENT ON COMMISSION SPLITS. Page 2 of 5 pages

3 SUBMISSION TO MULTIPLE LISTING SERVICE: BROKER will submit this listing within 48 hours to the JERSEY SHORE MULTIPLE LISTING SERVICE, to be distributed to the members of the MLS who may then act as SUBAGENTS of the BROKER, as a BUYER BROKER, or as a TRANSACTION BROKER, and cooperate in selling the property. BROKER will inform the MLS within 48 hours of all changes authorized by the SELLER and will, also, notify the MLS as to sales or rental information including price. BROKERS are not required to submit rental listings to the MLS. DISTRIBUTION BY MULTIPLE LISTING SERVICE: SELLER HEREBY GRANTS PERMISSION FOR DISTRIBUTION OF THIS LISTING TO PARTICIPANTS OF THE JERSEY SHORE MULTIPLE LISTING SERVICE AND INCLUSION IN ITS PROPERTY INFORMATION SYSTEM. SELLER authorizes information on and pictures of the above property to be posted on the Internet which may include the website of the BROKER or the JERSEY SHORE MULTIPLE LISTING SERVICE, or the website of another party to which the BROKER or JERSEY SHORE MULTIPLE LISTING SERVICE submits information of listings. Listing BROKER is allowed to place a Lockbox on the property. YES NO. By giving the listing Broker a key to the premises, seller authorizes broker access to property and permission to share key with cooperating brokers. OTHER CONTRACT PROVISIONS: SELLER understands the authority conferred upon the BROKER by this Agreement cannot be withdrawn during the term of this Agreement and shall be binding upon the heirs, executors, administrators, personal representatives, and assigns of the SELLER. LAW AGAINST DISCRIMINATION: SELLER states that their attention has been called to the MEMORANDUM of the ATTORNEY GENERAL regarding discrimination and that they have read and received a copy of the Agreement. There are no agreements or conditions other than those stated in this Listing Agreement. THIS IS A LEGALLY BINDING CONTRACT: IF NOT UNDERSTOOD, SEEK LEGAL ADVICE. To indicate their agreement, the SELLER and AUTHORIZED LICENSEE OR BROKER have completed and signed this Agreement. All parties necessary to legally convey the property must sign. DO NOT SIGN THIS LISTING AGREEMENT UNLESS PROPERLY DATED. CERTIFICATION OF ACCURACY: The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Date signed: SELLER: Phone SELLER: Phone SELLER S PRESENT ADDRESS: AUTHORIZED LICENSEE OR BROKER: Page 3 of 5 pages

4 RICHARD J. CODEY Acting Governor PETER C. HARVEY Attorney General J. FRANK VESPA-PAPALEO, ESQ. Director DATE: January 2005 TO: FROM: SUBJECT: Real Estate Agents, Brokers, and Owners of Real Property in New Jersey Peter C. Harvey, Attorney General, State of New Jersey J. Frank Vespa-Papaleo, Director, New Jersey Division on Civil Rights New Jersey Law Against Discrimination and Federal Fair Housing Laws The rules of the New Jersey Real Estate Commission require every licensed broker or salesperson with whom you are listing your property for sale or for rent to give you a copy of this legal memorandum. The purpose of this memorandum is to help you comply with the New Jersey Law Against Discrimination ( LAD ) and federal laws that prohibit discrimination in the sale or rental of real property. Together, the LAD and the Fair Housing Amendments Act of 1988 prohibit you from discriminating against a prospective buyer or tenant because of his/her race, creed, color, national origin, sex, marital status, affectional or sexual orientation, familial status, actual or perceived physical or mental disability, ancestry, nationality, and domestic partner status. (Note: familial status refers to families with a child or children under 18 years old and/or pregnant women. Disability includes persons afflicted with AIDS or HIV or perceived to be afflicted with AIDS.) The LAD also prohibits housing discrimination based on the source of lawful income or source of lawful rent or mortgage payment a tenant or purchaser uses. This means, for example, that a landlord cannot deny the lawful recipient of a Section 8 HUD voucher the right to rent an apartment based on that source of lawful income. The following are some of the requirements that apply to the sale or rental of real property: 1. All persons, regardless of their membership in one of the protected classes stated above or source of lawful income used for rent or mortgage payments, are entitled to equal treatment in the terms, conditions or privileges of the sale or rental of any real property (e.g., it is illegal to deny that housing is available for inspection, sale or rent when it really is available); 2. No discriminatory advertising of any kind relating to the proposed sale or rental is permitted; 3. The broker or salesperson with whom you list your property must refuse the listing if you indicate any intention of discriminating on any of the aforesaid bases; 4. The broker or salesperson with whom you list your property must transmit to you every written offer he/she receives on your property; 5. Any provision in any lease or rental agreement prohibiting maintenance of a pet or pets on the premises is not applicable to a service or guide dog owned by a disabled, blind or deaf tenant; 6. A landlord may not charge a tenant with a disability an extra fee for keeping a service or guide dog; and 7. As landlord, you must permit a tenant with a disability, at that tenant s own expense, to make reasonable modifications to the existing premises if such modifications are necessary to afford such person full enjoyment of the premises.

5 The sale or rental of all property including open land, whether for business or residential purposes, is covered by the LAD, with the following exceptions: 1. The rental of a single apartment or flat in a two-family dwelling, the other occupancy unit of which is occupied by the owner as his/her residence at the time of such rentals; 2. The rental of a room or rooms to another person or persons by the owner or occupant of a one-family dwelling occupied by him/her as his/her residence at the time of such rental; 3. In the sale, lease or rental of real property, preference given to persons of the same religion by a religious organization; and 4. The prohibition against discrimination on the basis of familial status does not apply to housing for older persons (as defined in the LAD at N.J.S.A. 10:5-5mm). Note: The first two exceptions do not apply if the dwelling was built or substantially rebuilt with the use of public funds, or financed in whole or in part by a loan, or a commitment for a loan, guaranteed or insured by any agency of the federal government. The term any agency of the federal government includes, but is not limited to, the Federal Housing Administration (FHA) or the Veterans Administration (VA), which are most commonly used in such matters. Furthermore, discrimination in connection with some of the transactions covered by the above-described exceptions may nevertheless be prohibited under the Federal Civil Rights Act of 1866 (42 U.S.C. 1981, 1982). Brokers and salespersons are licensed by the New Jersey Real Estate Commission. Their activities are subject to the general real estate laws of the State and the Commissions s own rules and regulations. The New Jersey Law Against Discrimination applies to all people in the State and is enforced by the Division on Civil Rights, Office of the Attorney General, the Department of Law and Public Safety. Should you require additional information or have any questions, including how to report a complaint, please review the Division s Web site at or contact the Division on Civil Rights Housing Hotline toll free at (866) Please contact the Division if you desire securing the services of a Division trainer on the subject of housing discrimination. Sincerely yours, PETER C. HARVEY ATTORNEY GENERAL J. FRANK VESPA-PAPALEO, ESQ. DIRECTOR NJ Division on Civil Rights (866)