It is hereby agreed between______________________(Seller) and Penn Yan Parts & Accessories Brokerage Division. (Broker) that Broker is authorized to manage the sale of Seller’s Boat _____________________________________________; at a "Listing fee" of 7% of the actual selling price ($150.00 Minimum), being the listing price or any less net sum to which Seller may hereafter agree. It is understood that if Broker procures a purchaser, Broker shall handle the transaction and shall receive as compensation 7% of the actual selling price ($150.00 Minimum). Further, if the Boat is sold or exchanged within one year after termination of this agreement, to any party to whom the Broker introduced, offered, or showed the Boat, Broker shall be due from the Seller 7% of the actual selling price ($150.00 Minimum).
When Seller receives payment in full for Boat or a deposit for the boat as agreed upon at the time of negotiations (including trailer and other equipment, if applicable), Seller has 48 hours to forward to Broker executed clear title and/or other proof of ownership.
It is understood between Broker and Seller that Broker shall be the sole Broker for all internet based/ web based media, and if seller chooses to sell the Boat on his own through web based advertising, Broker shall be entitled to full commission for said sale or transfer. Seller must notify Broker of any such sale within 30 days of sale or Broker has the right to enforce the terms of this contract. It is further understood between Broker and Seller that Seller shall be permitted to sell the Boat on his own through local print media, word of mouth and conventional non-web based advertising, and should Seller so procure a buyer on his own, Broker shall not be entitled to any compensation for said sale or transfer. Seller must notify Broker of any such sale.
If Boat is consigned to Broker's facilities, Seller will maintain "port risk only" coverage on said Boat. Broker will maintain insurance for damage done to Boat due to Broker’s negligence.
Broker agrees to:
1. Advertise the Boat, as Broker deems appropriate.
2. Make proper arrangements to show the Boat to any prospective buyers if Boat is consigned to Broker's facilities
3. To handle the transaction for the Seller in a professional manner.
Any dispute arising between the parties to this Listing Agreement shall be resolved by the courts of the State of New York, and Seller hereby consents to the subject matter and personal jurisdiction of the courts of New York.
Upon any breach of any covenant of this Listing Agreement by Seller, in addition to any other remedies or damages to which the Broker may be entitled, Broker shall also be entitled to recover from Seller the Broker’s full and entire costs of enforcing this Listing Agreement, including court costs and reasonable attorney’s fees.
This Listing Agreement shall remain in effect until either party give the other party 30 day written notice of termination.
Penn Yan Parts & Accessories Brokerage Division. (Broker)
Seller‘s Signature: ______________________________________________________________
Printed Name ________________________________________________________
City, State Zip Code ____________________________________________________