This listing agreement (this
"contract") is an agreement between Urban Igloo, LLC (sometimes,
"we" and "us", or "the Broker") and you, the
landlord or authorized agent of the landlord. This contract consists of our
questions about your rental property (the "Rental Property"), your
written responses to our questions (the "Rental Information"), and
the terms below:
PART I: THE TERM OF CONTRACT
This contract commences when executed and ends on
2026-03-14, but is cancellable on twenty (20) days' notice as defined
below. The period from execution to expiration is known as the "listing
period." This agreement shall not automatically renew and no cancellation
notice is necessary to terminate this agreement at the end of the listing
period.
PART II: THE TYPE OF CONTRACT:
This is an "open listing" agreement:
the broker earns a fee on the lease of the property during the listing period,
excluding the landlord completing a lease with a renter found on their own, or
any other broker. We collect a fee only if and when a Renter provided by us is
accepted into a Lease of your property, whether it is the unit you listed, or
another unit you showed the Renter that the Renter agreed to lease.
PART III: WHERE URBAN IGLOO WILL LIST YOUR
PROPERTY:
Services: We will display this listing on Urban
Igloo's website. You authorize us to use the Rental Information to market the
property in such print and electronic media, industrial and social media
(including but not limited to Craig's list) and web-based and mobile
technologies, including video as we may in our sole discretion determine. We
reserve the right not to post, list, market or bring a lease to any rental
property for any reason (or no reason) at any time in our discretion.
PART IV: OUR FEE
Our brokerage, referral and /or marketing fee
(our "fee" or "fees") is the equivalent of one month's rent
for a twelve month lease term per unit rented (each, a "Rental
Unit"), and is equivalent to one and one half month's rent for a 13-36
month term per Rental Unit, in the lease you agree to with a Renter (each, a
"Lease"). At lease execution, you or we will collect certified funds
for a security deposit in the amount stated in the Lease, made out to you (the
landlord) and forwarded to you; and certified funds for one month’s rent made
out to "Urban Igloo, LLC", to be credited to the Renter under the
Lease (the "Renter") as the first month's rent. As the Renter has
paid us the first month's rent, or an amount equivalent to one and one half
month's rent for a 13-36 month term, per Rental Unit, the certified funds (upon
collection) will serve as our fee. We will not charge you a fee if you lease
your rental(s) on your own.
"Rent" means the annualized amount of
income a Renter agrees to pay for a Rental Unit. We earn our fee when you and a
Renter sign a Lease.
PART V: You agree to each of the following
additional terms:
1.
You will endeavor to update us with the Rental
Information, including units available or not available and their price changes,
whenever it becomes inaccurate, within 24 hours.
2.
Whether or not you have notified us, you
authorize us to offer the Rental Unit(s) you have told us about at the lowest
price you are offering that Rental Unit to anyone anywhere. You give us the right
and license to use the Rental Information in providing our services to you. You
will be solely responsible for the truth, correctness, completeness and
accuracy of the Rental Information. You will indemnify and hold us harmless
from any claim, loss or liability of any kind (including attorneys fees)
resulting from the use of the Rental Information.
3.
You will have the sole and final responsibility
for determining whether or not to enter into a Lease with any prospective
renter (i.e., a renter provided by us). UI will only collect a fee if and when
you approve the applicant(s) provided by UI, and a lease is executed.
4.
You will not enter into a Lease of any property
to a prospective renter provided by us without paying us, nor will you refer
any prospective renter to a third party who enters into a lease with that
renter, without paying us the amount calculated as our fee.
5.
We will decide in our sole discretion what
services are appropriate for the property, its condition and its location. We
may provide services identical or similar to those provided to you, to any
other person or entity, including your competitors, on the same terms or
different terms.
6.
You will comply with all applicable laws
(including but not limited to the Gramm-Leach-Bliley Act and the Fair Credit
Reporting Act) with respect to the use, protection and re-disclosure of any
confidential non-public personal information regarding our customers or us that
we might provide to you.
7.
If you terminate this contract upon 20 calendar
days' written notice in advance, you will pay us fees in accordance with this
contract for each lease you enter into with a prospective renter provided by us
if the renter enters a lease with you within 6 months after the termination
date.
8.
We will not, under any circumstances, be liable
to you or any third party for consequential, incidental, special or exemplary
damages arising out of or relating to this contract or our providing you
services, whether based on contract, tort (including negligence or strict
liability) or any other legal theory, even if we have been advised of the
possibility of such damages, and our aggregate liability under this contract
shall be limited to the total fees you pay us.
We are not aware of any possible conflicts of interest, except as
disclosed in this agreement, but we do have a continuing duty to timely
disclose in a reasonably practicable period of time to you, the landlord, any
conflicts of interest.
9.
This contract contains the entire understanding
between you and us with respect to the services described in this contract and
supersedes all earlier agreements and understandings, inducements or
conditions, whether express or implied, oral or written, between you and us.
10.
This contract binds you and us and your and our
respective successors and assigns.
11.
If either party institutes an action to enforce
its rights under this contract, the prevailing party will be entitled to
recover its reasonable attorneys fees and costs paid or incurred in the action;
provided, however, that we may refer any brokerage fees and late fees that are
not timely paid to an attorney for collection, and you agree to pay all fees
and costs we pay or incur in attempting to collect such late fees, including
attorneys fees and costs.
12.
Our providing blank application forms does not
constitute our delivering legal services or providing legal advice. (As we are
not licensed to practice law, you should consult with a licensed attorney
regarding the terms and conditions included in any Lease.)
13.
This is an agreement between us, as the broker,
and you, as the landlord and/or authorized agent of the landlord. We are
renter's agents. As a renter's agents, we will represent the interests of the
renter unless otherwise disclosed, and/or agreed to in writing. We are not your
management agent in the transactions described in this contract.
TAKE NOTICE: This agreement does not grant us the
authority to execute a signed agreement of lease for you, does not grant us an
option to purchase the listed property, and does not grant us the authority to
confess judgment against the landlord for the real estate commissions in the
jurisdiction of the Property, in the event of a lease. A Real Estate Recovery
Fund exists to reimburse a person who has obtained a final civil judgment
against a real estate licensee owing to fraud, misrepresentation or deceit in a
real estate transaction and who has been unable to collect the judgment after
exhausting legal and equitable remedies. Details about the Fund may be obtained
by calling the respective State Real Estate Commission.
You attest to us by signing below that as the
Owner of the Rental Property described above that: the Rental Information is
true, correct, complete and accurate; you have reviewed the Rental Information,
accept responsibility for the accuracy of the Rental Information, and agree to
the terms of this contract; and you are either the owner or a contractually
authorized agent for the Rental Property on the date of this contract.
This document is original copyrighted material,
and may not be utilized without explicit approval.
By clicking on 'I accept', below, you are agreeing to the Terms and Conditions above.
By Initialing here you acknowledge that you have read the excerpt above.