Diamond Listing Agreement
DIAMOND LISTING AGREEMENT
(Exclusive Authorization and Right to Sell)
1. EXCLUSIVE RIGHT TO SELL: ________________________________________ ("Seller")
hereby employs and grants North American Diamond Brokers ("Broker")
beginning (date) ______________and ending at 11:59 P.M. on (date) _____________ ("Listing Period")
(180 days)
unless Seller decides to pull listing sooner. Any subsequent listing will be deemed a new listing and listing fee and new agreement shall apply.
Diamond Description:
Weight: ___________ Shape: _____________ Measurements: ______________
Color: _ __ Clarity: _ _ GIA # ____________________
2. ITEMS INCLUDED: Unless otherwise specified any setting or mounting that accompanies the Diamond will be included in the purchase price.
3. ITEMS EXCLUDED:
(Special Instructions)
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Seller intends that the above items be excluded in offering the diamond for sale,
4. LISTING PRICE AND ADDITIONAL SERVICES:
The initial listing price shall be: ________ Dollars (US). North American Diamond Brokers will obtain written consent from the Seller before offering or selling the diamond for less than the initial listing price.
Additional Services to Be Performed Prior to Listing Include:
□ Listing Fee $ ________
□ Removing Diamond from Setting $ ________
□ GIA Report $ ________
□ Shipping Fee $ ________
□ Cutting or Polishing $ ________
Balance $ ________
□Old Gold or Other Credit __________________________________________________________________________________________________________________________________________________________________________________________
All additional services are non refundable. The fee for removing a diamond from its setting does not include resetting diamond if diamond is not sold. Any unused portion of shipping charges may be refundable
5. COMPENSATION TO BROKER:
Upon completion of the sale of the diamond, Seller agrees to pay to Broker as compensation for services 10% of the purchase price. In addition, Seller agrees to pay Broker for any expenses associated with the selling of the Diamond including but not limited to MLS listing, shipping, handling and insurance, GIA report and diamond cutting that were not paid for prior to listing. North American Diamond Brokers will pay to Seller within 10 days of closing all monies owed to Seller less commission, charges and any outstanding expenses associated with the sale.
6. OWNERSHIP, TITLE AND AUTHORITY: Seller warrants that: (i) Seller is the owner of the Diamond; (ii) no other persons or entities have title to the Diamond; and (iii) Seller has the authority to both execute this Agreement and sell the Diamond.
7. BROKER'S AND SELLER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives Broker written instructions to the contrary, Broker is authorized to advertise and market the Diamond by any method and in any medium selected by Broker, including MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the information submitted to any medium. Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Diamond by, among other things, making the Diamond available for showing within 48 hours. Seller is responsible for determining at what price to list and sell the Diamond. Broker agrees to insure diamond for loss while in its possession. Seller further agrees to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney fees arising from any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose.
8. RELATIONSHIPS: Other Sellers: Seller understands that Broker may have or obtain listings on other diamonds, and that potential buyers may consider, make offers on, or purchase through Broker, diamonds the same as or similar to Seller's Diamond. Seller consents to Broker's representation of sellers and buyers of other diamonds before, during and after the end of this agreement relationship described above, or as modified, in writing, prior to or concurrent with Seller's execution of a purchase agreement.
9. SECURITY AND INSURANCE: Broker is responsible for loss or theft of diamond while diamond is in Broker’s possession. Broker carries appropriate shipping insurance on each package when shipped using broker’s account. Client’s compensation is limited to the amount the diamond is listed for less all fees and commission. NADB can provide proof of insurance upon request. Broker is not responsible for loss or theft when diamond is not in its possession.
10. ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation under this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing Party.
11. ENTIRE AGREEMENT: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This Agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in counterparts.
By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this Agreement.
________________________________________________________
Seller
_________________________________________________________
Address
________________________________________________________
City State Zip
________________________________________________
Telephone E-mail
_____________________________________________________________
Seller’s Signature Date
Broker North American Diamond Brokers
49 Mayfield Lane Pottsboro, TX 75076
866-994-6262 Info@NADB.com
___________________________________________________________
Agent’s Signature Date
