Instructions for Printable Listing Agreement

1. Print this Agreement and then Close this Window.
2. Fill out all areas to the best of your ability.
3. Information must be accurate as this information will be passed on to the prospective purchaser. Seller is responsible for inaccuracies and/or omissions.
4. Sign where indicated and fax back to 425-283-5572 or return by mail to above address, an online form is as available ask your agent about this option.
5. Send any information you can supply to help in the sale of your timeshare.
6. IMPORTANT: You must notify us if you space bank, rent, or in any way make your timeshare not usable for the next available usage. If we do not hear from you we will assume all information on the listing agreement is accurate and the week is available for usage.
7. AFTER FILLING OUT YOUR INFORMATION YOU MUST SIGN THE LISTING AGREEMENT AND SEND IT BACK. WE MUST HAVE YOUR SIGNATURE ON FILE.

WHAT WE DO TO GET YOUR TIME SHARE SOLD!

1. Your listing will be posted on our web site at www.SmartShare.com. You will have two pictures and a complete description of the resort. The listing will appear with pricing and any “bonus” extras you choose to throw in.
2. We advertise heavily by: Direct mail, the Internet, telemarketing, billboards, travel shows, newspaper ads and special events. We also multiple list with other brokers who meet our standards of ethics.
3. Most sales come within one year. This gives the buyer the extra “comfort zone” they need to do business. (98% of resale buyers do not see the resort they are buying until sometime much later) It helps get your timeshare sold.
4. Our listing is non-exclusive. You may use as many other brokers as you like.

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LISTING AGREEMENT

NON- EXCLUSIVE AUTHORIZATION AND RIGHT TO
SELL INTERVAL OWNERSHIP (TIMESHARE) RESALE

This agreement, made this ______ day of _______________________, 20____ by
and between SmartShare.com, Inc., hereinafter referred to as “ Resale Broker” and

_________________________________________________________________________________
Email: (This must be very clear), hereinafter referred to as “Seller(s)”.

RECITALS

1.  NON-EXCLUSIVE RIGHT TO SELL: SELLER as indicated by completed Listing information (hereinafter called "SELLER") hereby employs and grants SmartShare.com, Inc. (hereinafter called "RESALE BROKER"), the non-exclusive right, commencing on the above indicated date, to sell the following described timeshare unit week(s):

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2.  CURRENT STATUS OF FEES, EXPENSES AND TAXES:  SELLER(S) does hereby state that there are no Liens or encumbrances against the unit. SELLER(S) does hereby certify and represent that SELLER(S) has legal authority and capacity to convey the property with all improvements. SELLER(S) warrants that SELLER(S) will provide RESALE BROKER with a copy of the recorded deed(s) and copy of original purchase agreement to the unit(s) listed above.

3.  MAINTENANCE FEES: SELLER does hereby warrant that the maintenance fees for the current year has    been paid, and that the maintenance fees will remain current during the term of this listing. SELLER'S failure to keep maintenance fees current during the term of this listing, shall be cause for termination of this agreement. Such termination shall be at the sole discretion of the RESALE BROKER. WHEN THIS LISTING AGREEMENT IS EXECUTED BY THE SELLER, SELLER DOES HEREBY WARRANT THAT THERE ARE NO PAST DUE OR UNPAID MAINTENANCE FEES AND/OR SPECIAL ASSESSMENT FEES OR JUDGMENT(S) AGAINST THE AFORESAID UNIT(S) AND/OR WEEK(S).

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5.  PRICE AND TERMS: The above indicated lowest price acceptable is being asked for this unit/week. The term for sale is cash. RESALE BROKER is authorized to obtain any information relating to SELLER'S participation in any exchange company, and to obtain any information concerning SELLER'S payment of maintenance assessments and taxes. It is understood that time is of the essence in these negotiations and acceptance or rejection of any offers being made are negotiated in very short time intervals.

6.  COMPENSATION TO RESALE BROKER: SELLER agrees to compensate RESALE BROKER as follows. To pay fifteen percent (15%) of the selling price... or $1,500.00; which ever is greater. The commission is also due if within 365 calendar days after termination of this authority or any extension thereof, this unit/week is sold to anyone with whom the RESALE BROKER has had negotiations or contact prior to final termination of this listing.

7.  FAILURE OF PERFORMANCE: If the transaction shall not close because of refusal or failure of BUYER TO PERFORM then, after payment of costs expended by RESALE BROKER, RESALE BROKER shall receive 50% of any deposits made by Buyer, and balance shall be paid to Seller. Said payment shall be made within ten (10) days of buyer(s) failure to perform.

8.  ESCROW:  Seller(s) hereby designate SmartShare.com, Inc. as Agent to accept purchaser(s) earnest money deposit and close the transaction in accordance with the purchase agreement.

9.  ATTORNEY'S FEES/COSTS: The BUYER shall be responsible for payment of his attorney's fees, title insurance, escrow closing fees, documentary stamps on the deed and recording fees for the deed.

10.  BROKERS OBLIGATIONS: RESALE BROKER shall, to the best of their ability, find a BUYER ready, willing and able to purchase the timeshare unit.

11.  NON-EXCLUSIVE CONTRACT: This Agreement does not grant an exclusive right to the RESALE BROKER. The SELLER may locate a purchaser during the term of the Agreement. Should the SELLER be successful in finding a BUYER, the SELLER would not be liable for a commission to the RESALE BROKER. Upon the sale of the unit described above by the RESALE BROKER, the RESALE BROKER will disburse the proceeds to the seller within ten (10) days of the closing.

12.  ADJUDICATION: This Agreement shall be construed under the laws of the State of Washington. Any legal action arising out of this Agreement shall be adjudicated in King County, State of Washington.

13. ACCEPTANCE: SELLER does hereby warrant that SELLER is the owner(s) of the above-described property and has the authority to execute this agreement. SELLER does hereby warrant the accuracy of the information set forth herein and any exhibit or addenda attached hereto, and to indemnify and save harmless RESALE BROKER and those relying thereon for damages resulting from errors contained herein. SELLER does acknowledge that SELLER has read and understands this agreement.

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THERE IS NO GUARANTEE THAT YOUR TIMESHARE PERIOD CAN BE SOLD AT ANY PARTICULAR PRICE OR WITHIN ANY PARTICULAR PERIOD OF TIME. THERE ARE NO OTHER AGREEMENTS, PROMISES OR UNDERSTANDINGS OTHER THAN SPECIFICALLY SET FORTH HEREIN. NO ALTERATIONS OR CHANGES CAN BE MADE TO THIS LISTING CONTRACT EXCEPT IN WRITING AND SIGNED BY ALL PARTIES. THIS IS A LEGAL BINDING CONTRACT ON ALL PARTIES HERETO, INCLUDING THEIR HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS. IF THIS LISTING CONTRACT IS NOT FULLY UNDERSTOOD, OWNER SHOULD SEEK COMPETENT LEGAL ADVICE. THE COMPENSATION SET FORTH HEREIN HAS BEEN NEGOTIATED BY AND BETWEEN OWNER AND RESALE BROKER AND HAS NOT BEEN ESTABLISHED BY ANY OTHER PERSONS OR ENTITIES NOT A PARTY TO THIS CONTRACT.

The parties hereby agree that any facsimile copy of this listing contract or any other document relating to the sale of seller’s Timeshare Interval unit, shall be deemed an original as if an original document with an original signature(s) had been delivered to the parties to the transaction.

Receipt of a true copy of this agreement is hereby acknowledged by seller(s).

Executed in City:_______________ State:____ and dated this ___ day of ______________, 20____.

__________________________________     __________________________________
Signature (1)                                                     Date

__________________________________     __________________________________
Signature (2)                                                     Date

__________________________________     __________________________________
Listing Agent                                                     Date

__________________________________     __________________________________
Broker                                                               Date

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Listing agent:__________________________________________      Listing Confirmed:  Yes  /  No

Confirmed By:__________________________________________      Amount Verified:___________

Power of attorney  / Signed Listing agreement:   Yes  /  No   

Executed Paper / Listing agreement in File:   Yes  /  No