MAXIMUM-PROCEEDS EQUITY SYSTEM
PROGRAM RULES ADDENDUM
Your Hollywood Home SOLD for Top Dollar, in 29 Days or Less — GUARANTEED* …or I’ll Pay
You Up to $3,000 CASH
This Program Rules Addendum (the “Addendum”) is attached to and made a part of the residential Listing
Agreement (the “Listing Agreement”) entered into between the parties identified below. This Addendum
defines the specific terms, conditions, and parameters of the “Maximum-Proceeds Equity System”
guarantee offered by Agent. In the event of any conflict between this Addendum and the Listing
Agreement, the terms governing the guarantee in this Addendum shall control as to those guarantee
terms only.
Seller(s): _________________________________________________
Property Address: _________________________________________________
Agent: Phillip Khaylo | Broker: GK Realty Group
Agent Contact: [email protected] | (754) 333-0873
Listing Agreement Date: _________________________________________________
1. Key Definitions.
(a) “Top Dollar” means the highest mutually agreeable gross sale price for the Property as set
forth in the Listing Agreement, excluding any seller-paid buyer concessions, credits,
commissions, or expenses.
“Top Dollar” shall be $__________. Seller Initials: ______ Broker Initials: ______
(b) “Sold” means that Seller has accepted a bona fide written offer to purchase the Property at or
above Top Dollar from a ready, willing, and able buyer.
(c) “Sale Price” means the gross contract price stated in the accepted written offer.
(d) “Guarantee Period” has the meaning given in Rule 2.
2. Guarantee Period. The “Guarantee Period” shall be the twenty-nine (29) calendar-day period beginning
on the date the Listing goes live in the MLS and continuing for twenty-nine (29) consecutive
calendar days thereafter. All time references use the local time of the listed Property. The Listing
Agreement remains in full force and effect under its own term beyond the Guarantee Period;
expiration of the Guarantee Period ends only the guarantee set forth in this Addendum, not the Listing
Agreement.
3. The Guarantee. Agent guarantees that the Property will be Sold at Top Dollar within the Guarantee
Period. If the Property is not Sold at Top Dollar within the Guarantee Period, and Agent’s obligations
are not deemed met under Rule 4, Agent shall make the payout described in Rule 5.
4. Agent’s Obligations Deemed Met. Agent’s obligations under this guarantee shall be deemed met —
and the payout under Rule 5 shall not apply — if, during the Guarantee Period, any of the following
occurs:
(a) Seller accepts a written offer at or above Top Dollar; or
(b) Agent presents to Seller a bona fide written offer at or above Top Dollar from a ready, willing,
and able buyer, and Seller declines, rejects, or fails to act upon that offer.
Once an offer satisfying (a) or (b) has been accepted or presented, Agent’s obligations under this
guarantee are deemed met regardless of whether the transaction ultimately closes.
5. Scaled Monetary Payout — Commission Reduction at Closing Only. If the Property is not Sold at
Top Dollar within the Guarantee Period and Agent’s obligations are not deemed met under Rule 4,
Agent shall pay Seller a sum determined by the Final Selling Price of the Property, according to the
following schedule:
(a) Final Selling Price of $1,000,000 and above: $3,000.
Maximum-Proceeds Equity System Page 3 of 4 Seller Initials: ______
(b) Final Selling Price of $750,000 to $999,999.99: $2,500.
(c) Final Selling Price of $550,000 to $749,999.99: $2,000.
(d) Final Selling Price of $400,000 to $549,999.99: $1,500.
(e) Final Selling Price up to $399,999.99: $1,000.
“Final Selling Price” shall mean the final contract price of the Property as stated in the fully
executed purchase agreement at closing, and shall NOT include — and shall be calculated
without factoring in — any reductions or concessions to the buyer, any seller-paid credits, or any
commissions.
Any sum owed under this Rule shall be paid exclusively as a reduction to Agent’s commission at
the closing of the transaction. Such payment shall NOT be made in cash, by check, by wire
transfer, or by any other means. The payout is a closing-table credit and nothing more. If the
transaction does not close, no payout is owed. If Seller terminates the Listing Agreement before
closing, no payout is owed. The payout under this Addendum is fundamentally tied to a
successful closing of the transaction.
6. Exclusive Listing Until Closing. This guarantee is offered in consideration of, and is expressly
conditioned upon, Seller granting Agent an exclusive right to sell the Property from the date of the
Listing Agreement through the closing of the transaction. The guarantee and the payout under Rule 5
apply only where Agent has held the exclusive listing from listing through closing.
7. Minimum Fee Floor. In no event shall any payout under Rule 5 reduce Agent’s total compensation
below the minimum amount required to satisfy any cooperating-broker compensation, brokerage
minimums, or transaction costs owed by Agent in connection with the sale. Any payout is applied only
to Agent’s net retained commission.
8. Commission. Seller agrees to pay Agent a commission of __________% (to be completed) of the
Sale Price at closing, as further set forth in the Listing Agreement. This Addendum does not alter the
commission except by operation of the payout in Rule 5.
9. Program Fee. Seller shall pay a one-time program fee of $__________ (if any) to participate in the
Maximum-Proceeds Equity System. If no amount is entered, no program fee applies.
10. Show Condition. Seller shall keep the Property in clean, show-ready condition at all times during the
Guarantee Period and shall promptly complete any reasonable items necessary to present the
Property favorably to prospective buyers. Failure to maintain show condition that materially impairs
Agent’s ability to obtain an offer at Top Dollar shall relieve Agent of the guarantee.
11. Showings. Seller shall make the Property reasonably available for showings, including on short
notice and during evenings and weekends, and shall not unreasonably deny, delay, or restrict
showing requests during the Guarantee Period.
12. Lockbox and Signage. Seller authorizes Agent to place a lockbox on the Property and to install
standard yard and directional signage as Agent deems appropriate to market the Property, subject to
applicable HOA and local rules.
13. Pricing Cooperation. Seller agrees to list and maintain the Property at Top Dollar as established
with Agent. The guarantee is void if Seller refuses to list at, or insists on a price above, the Top Dollar
mutually agreed upon with Agent.
14. Non-Interference with Marketing. Seller shall not interfere with, override, or restrict Agent’s
marketing of the Property in any manner that impairs Agent’s ability to achieve a sale at Top Dollar
within the Guarantee Period.
15. Good Faith Negotiation. Seller shall negotiate in good faith with respect to any bona fide written
offer at or above Top Dollar presented during the Guarantee Period. Unreasonable refusal to
negotiate such an offer relieves Agent of the guarantee.
16. Cooperation on Repairs and Improvements. Where reasonable repairs or improvements are
necessary to sell the Property at Top Dollar within the Guarantee Period, Seller agrees to cooperate
in completing them on a timely basis. Seller’s refusal to complete reasonable, agreed-upon items
relieves Agent of the guarantee.
Maximum-Proceeds Equity System Page 4 of 4 Seller Initials: ______
17. Seller Withdrawal from Market. If Seller withdraws the Property from the market, removes it from
active marketing, or makes it unavailable for showings during the Guarantee Period, the guarantee
under Rule 3 and the payout under Rule 5 shall be immediately null and void. Such withdrawal is
treated as a violation and not as a permitted exit.
18. Force Majeure. Agent shall not be responsible for any failure or delay in performance caused by
events beyond Agent’s reasonable control, including but not limited to acts of God, natural disasters,
fire, flood, governmental action, or conditions that render the Property inaccessible or unmarketable.
The Guarantee Period clock shall pause during any such event and resume when the Property is
again accessible and marketable.
19. Violation by Seller. Any violation by Seller of any rule in this Addendum shall result in the guarantee
under Rule 3 becoming immediately null and void. Upon such violation, Agent and Broker shall be
released from all guarantee obligations under this Addendum. The Listing Agreement itself shall
remain in full force and effect under its original terms. NO OTHER GUARANTEES ARE MADE OR
IMPLIED.
20. Indemnification. Seller agrees to indemnify and hold harmless Agent and Broker from any claims,
losses, damages, or expenses arising from Seller’s breach of this Addendum, including but not limited
to any third-party claims related to the Property, its condition, or its sale.
21. Controlling Language. In the event of any conflict between this Addendum and the underlying
Listing Agreement, the Listing Agreement shall control, EXCEPT for the specific guarantee terms
defined in this Addendum, which shall control as to those guarantee terms only. This Addendum shall
be governed by the laws of the State of Florida.
SELLER ELECTION
[ ] I ACCEPT and elect to participate in the “Maximum-Proceeds Equity System” under the terms of
this Addendum.
[ ] I DECLINE participation in this program and proceed under the standard Listing Agreement only.
All undersigned parties do hereby acknowledge receipt and agreement of the terms herein.
Acknowledged this ________ day of ____________________, 20______.
Seller Signature: ______________________________ Date: ______________
Seller Signature: ______________________________ Date: ______________
Agent Signature: ______________________________ Date: ______________