1. EXCLUSIVE RIGHT TO SELL: I hereby employ and grant TIMESHARE RESALE GALLERY the exclusive right to sell the timeshare interval described herein; commencing on ______________, for a term of 180 days, at which time this exclusive right-to-sell agreement will automatically renew for a like term, unless I instruct Timeshare Resale Gallery to terminate the agreement, in writing, prior to the term's expiration date.
Resort Name: ________________________________________________
Resort Address:_______________________________________________
Unit #: _________ Week #: ______ , Description: (e.g. annual, floating, 2 bedroom, 2 bath)
Sleeps: _____ Lock-Out? ________
Season: ___________ HOA fees: approx. $ ________ Exchange Co. Deeded: ______ Loan Balance: _______
Status of 2002 Use Week: _____ Reserved at home resort: ________ Banked with: _______ Date: _________
Prior Years Banked: _______________
2. COMPENSATION TO TIMESHARE RESALE GALLERY Notice: Law Does Not Fix The Amount Or Rate of real estate Commission. Commission Is Set By Timeshare Resale Gallery, and may be negotiated between Timeshare Resale Gallery and Seller.
3. SELLER hereby agrees to compensate TIMESHARE RESALE GALLERY for brokerage services any amount exceeding the SELLER'S Net Listing Price of $ _______________.
4. DEPOSIT: TIMESHARE RESALE GALLERY is authorized to accept on SELLER'S behalf, a down payment against the purchase price, and hold the deposit in an authorized escrow or trust account. SELLER'S escrow fees are not to exceed $325.
5. AUTHORIZATION: Seller hereby authorizes Broker to accept, on Sellers behalf, a Purchase Offer that fully meets the terms of this Listing Agreement. Upon such acceptance by Broker on Sellers behalf, Escrow agent will promptly prepare and express mail documents to Seller. Seller agrees to execute and return all required escrow documents within ten days of receipt. Failure to timely deliver the required documents to the escrow account may be deemed a breach of this Net Listing Agreement. Further, Seller agrees that in such a breach, Seller's liability will not exceed the Broker's commission on the sale.
6. ATTORNEY'S FEES: In any action proceeding, or any arbitration arising, from this agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.
7. ENTIRE AGREEMENT: SELLER(S) warrant that I/we own this property or have the authorization to execute this agreement. The Seller(s) and TIMESHARE RESALE GALLERY further intend that this agreement constitute the complete statement of its terms, and that no extrinsic evidence whatsoever may be introduced at any judicial or arbitration proceeding involving this agreement.
8. Faxed signatures are agreed to be valid for this agreement.
I acknowledge that I have read and understand this agreement, and received a copy.
NAME OF SELLER(S): ________________________________________________________________
ADDRESS: _________________________________________ Telephone: ______________________
SIGNATURE: ________________________________________________________ DATE: __________
SIGNATURE: ________________________________________________________ DATE: __________
In consideration of the above, TIMESHARE RESALE GALLERY agrees to use diligence in procuring a purchaser.
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