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ADDENDUM TO LISTING AGREEMENT BETWEEN  (Seller) and (Listing Agent) dated the _______ day of __________________________, 200___, covering the premises known as

(In the event any provisions of this Addendum conflict in whole or in part with the terms of the Listing Agreement, the provisions of this Addendum shall control.)

Occupancy prior to Settlement.  Under no circumstances shall Agent allow a purchaser, prospective purchaser or any other individual the occupancy of the premises prior to the settlement and funding of the sales contract.

Seller’s Right to Cancel Agreement.  If at any time during the term of this Agreement Seller, in its sole discretion, deems it advisable to terminate this Agreement, Seller may do so upon 24-hours written notice (facsimile notices shall be considered written notices).  Upon the giving of said notice by Seller, this Agreement shall terminate and shall have no further force nor effect whatsoever as to either party.

Sales Commissions – Cooperating Brokers.  In the event that a sales contract is executed and consummated with a purchaser who is introduced by a cooperating agent or selling agent, the total sales commission to be paid under the Agreement shall be split between the listing agent herein and the cooperating or selling agent in accordance with local custom or in accordance with an Agreement between listing and selling agent.  Seller shall not be a party to this Agreement.  In no event shall the total commission payable by the Seller exceed the amount shown in this Agreement.

Sales Commission.  The total commission payable by Seller pursuant to this sale shall be the greater of 6% or an agreed-upon minimum.  The commission shall be paid pursuant to the terms of a separate agreement between Broker and Seller.  In the event that there is a cooperating agent involved in the sale of this property, commissions must be shown as an equal split on the HUD-1.

Outstanding Invoices - Final Utility Bills.  All outstanding invoices relating to the property shall be submitted for payment to the appropriate Account Officer prior to the closing of the contract.  The Account Officer, in his/her discretion, shall process said invoices through the normal accounts payable procedure or shall cause the amounts due on said invoices to be deducted from the proceeds of the sale due seller at the time of closing.   It shall be the responsibility of the Listing Agent to immediately notify any utility supplier to discontinue service in his/her name or in the name of Seller.

Contract Closings.  After execution and delivery of a sales contract, the Agent shall communicate with the Closing Department to facilitate and expedite the closing of the sale.   The Agent shall immediately ascertain the name of Buyer’s title company and/or attorney and communicate said information to the Closing Department.  The Agent shall also be responsible for monitoring the progress of Buyer’s mortgage commitment and shall report to the Closing Department on a weekly basis the status of said mortgage commitment.

Referral Fee.  At closing, or within five (5) days thereafter, the Listing Broker shall pay to Security National Servicing Corporation, from commissions due, a referral fee equal to 1% of the sales price.  In no event shall this referral fee be considered a real estate commission.  The responsibility for this referral fee shall be borne by the Listing Broker.  

The undersigned approve and accept this Addendum and acknowledge this Addendum to be a part of the Listing Agreement.




By: _____________________________________

By:  _____________________________________

Date:  __________________

Date:  __________________

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