Additional Listing Terms:
Agreement to do business with Listingly
EFFECTIVE DATE: May 1, 2019
Electronic Record & Signature Disclosure. From time to time, Listingly (we, us or Company) may be required by law to provide to Seller (you, I or Seller) certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.
a. Getting Paper Copies. At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $9.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.
b. Withdrawing Your Consent. If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.
c. Consequences of Changing Your Mind. If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.
d. All notices and disclosures will be sent to you electronically. Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
e. How to contact Listingly. You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: email@example.com
f. To Advise Listingly of Your New Email Address. To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at firstname.lastname@example.org and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.
g. To Request Paper Copies from Listingly. To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to email@example.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
h. To Withdraw Your Consent with Listingly. To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: (i). decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; or (ii) send us an email to firstname.lastname@example.org and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.
i. Required Hardware and Software. The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.
Standard Service Hours. Seller acknowledges Brokers Standard Service Hours are 9:00 A.M. to 5:00 P.M., Monday through Friday, except all national holidays in which our offices shall be closed (“Standard Service Hours”). Broker shall however receive contract offers 7 days a week, and of course schedule Home Showings 7 days a week.
Broker Right to Terminate. If in Broker’s sole discretion Seller misuses the services provided in the Listing Agreement, or breaches any term of the Listing Agreement, Broker reserves the right to terminate the Listing Agreement or suspend your Listingly service, listing, or your access to any service, at any time without liability to you, or any third party, and without notice, refund, or waiver of Broker’s rights to enforce the terms of this Agreement.
Temporarily Off the Market. During, the term of the Listing Agreement, Seller may make a one-time request that the Property not be shown, marketed, and actively listed in an MLS (“Temporarily Off the Market”) for a period of time not greater than 45 days. In the event Broker, in its sole discretion, agrees to Seller’s request, the Termination Date shall be extended by a period of time equal to the period of time the Property is Temporarily Off the Market as determined by Broker. Seller’s obligations under the Listing Agreement shall be unaffected by the listing status.
Access to the Property:
a. Authorizing Access. Authorizing access to the Property means giving permission to another person to enter the Property, disclosing to the person any security codes necessary to enter the Property, and lending a key to the other person to enter the property, directly or through a lockbox. To facilitate the showing and sale of the Property, Seller authorizes Broker and their representatives to access the property at reasonable times, and Seller further also authorizes other licensed agents, inspectors, appraisers, and contractors to access the Property at reasonable times.
b. Lockbox. A lockbox is a locked container placed on the Property that holds a key to the Property. A lockbox makes it more convenient for brokers, their associates, inspectors, appraisers, and contractors to show, inspect, or repair the Property. The lockbox is opened by a special combination, key, or programmed device so that authorized persons may enter the Property, even in Seller’s absence. Using a lockbox will probably increase the number of showings, but invokes risks (for example, unauthorized entry, theft, property damage, or personal injury). Neither the National Association of REALTORS® nor MLS requires the use of a lockbox. If you decide to utilize a lockbox inform Broker immediately so the MLS report viewable by cooperating brokers and agents is accurate at all times. A lock box does not ensure the Property’s security. Seller is advised to secure or remove valuables. Seller agrees that use of a lockbox is for Seller’s benefit and Seller releases Broker, persons working through Broker and Broker’s local Realtor Board / Association from all liability and responsibility in connection with any damage or loss that occurs.
Dispute Resolution. This Provision provides that all disputes between Broker and Seller shall be resolved by binding arbitration because acceptance of these terms constitutes a waiver of the parties rights to litigation claims and all opportunity to be heard by a judge or jury. Broker prefers this because Broker believes arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). THE PARTIES AGREE THAT, AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION. Accordingly, the Listing Agreement shall be construed under Florida Law without regard to its choice of law or conflicts of law principles. Seller and Broker agree that any controversy, dispute, or claim arising out of, or relating to this Contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration hearing shall take place in Palm Beach County, Florida, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof, which shall remain in effect until a final award is made in the arbitration. The arbitrator shall be a practicing attorney or retired judge with at-least fifteen years total working experience as such. The arbitrator shall issue findings of facts and conclusions of law. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claims or dispute would be barred by the applicable statute of limitations. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual, or agreed upon liquidated damages. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator shall award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, reasonable attorney’s fees and legal costs. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as necessary to confirm, vacate or enforce the award and for disclosure in confidence of the parties respective attorneys, tax advisors. Neither Broker or Seller shall be entitled to join or consolidate disputes. This Arbitration Provision shall survive termination or expiration of this Agreement, as well as voluntary payment of any debt in full by Seller and any legal proceeding by Broker to collect a debt owed by Seller. The parties agree that there shall be no discovery other than the exchange of documents. The parties agree that failure or refusal of a party to pay half of the filing fees, costs and deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. Any action or proceeding by Seller relating to any dispute must commence within one year after the cause of action accrues. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS, COLLECTIVE, AGGREGATE, OR REPRESENTATIVE ACTION PERTAINING TO ANY SUCH CLAIMS BETWEEN THEM.
Grant of Rights. In consideration for Broker entering into the Listing Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller (including any entity set forth below) hereby grant Broker and each of its respective employees, contractors, agents, representatives, officers, directors, assignees (including, without limitation), designees, licensees (collectively “Broker Network”), and affiliated and/or related entities the following: (i). The absolute and irrevocable right and permission (but not the obligation) to interview me, photograph, film, tape and otherwise visually, audio visually and/or by audio means record me and/or my voice (“Likeness”) by any method whatsoever in and in connection with the marketing and/or sale of the Property and to commercially promote Broker’s business activities, (ii). All rights of every kind and character whatsoever, whether now known or hereafter devised, in perpetuity throughout the universe in and to any and all footage, tapes and/or other recordings taped, filmed, photographed, recorded and/or otherwise produced hereunder depicting me and the marketing or sale of the Property. I acknowledge that any such material is specially ordered or commissioned by Broker for Broker’s commercial use, and therefore Broker shall be the author and copyright owner thereof for all purposes throughout the universe in perpetuity. I irrevocably assign, transfer and convey such material to Broker including, without limitation, all copyrights, renewals, and extensions of copyrights therein, in all media now known or hereafter devised, throughout the universe in perpetuity, and (iii). The irrevocable, perpetual, nonexclusive right to use, reuse, copy, digitize, sublicense, transmit, distribute, publicly perform, publish, display, and make any other uses of any image, statement, recording, audio file in any media now known or hereafter devised, throughout the universe, in and in connection with the marketing and/or sale of the Property, including without limitation the advertising, promotion, marketing or exploitation of Broker’s business or other content, and any merchandising related thereto (including without limitation commercial tie-ins and the exploitation of any allied, ancillary and subsidiary rights).
Additional Seller Representations. In consideration of Broker’s obligations under the Listing Agreement, Seller represents and warrants that: (i). No person or entity has any right to purchase, lease, or acquire the Property by an option, right of refusal, or other agreement, (ii). There are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the property, (iii). Seller agrees that it shall be a default by Seller under this Agreement if Seller makes an assignment for the benefit of creditors, or files a voluntary petition under any state or federal bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency is filed against Seller under any state or federal bankruptcy or insolvency law, and (iv). Seller has not made an assignment for the benefit of creditors, or filed a voluntary petition under any state or federal bankruptcy or insolvency law, and represents further that no involuntary petition alleging an act of bankruptcy or insolvency has been filed against Seller under any state or federal bankruptcy or insolvency law. In addition, Seller agrees to reimburse Broker, at Closing, for Brokers Document Storage and Florida Regulatory Compliance costs equal to the the sum of the Purchase Price multipled by one tenth of one percent
Warranties. The services provided in the Listing Agreement are provided “AS IS” without representation or warranty, whether it is express or implied, or statutory. Without limiting the foregoing, Broker specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Broker does not warrant or guarantee that the any services are accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors will be corrected. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, deletion, defect, delay or alteration of or use of record, whether for breach of contract, tortuous behavior, negligence or any other cause of action. Broker does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THE LISTING AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL BROKER (INCLUDING BUT NOT LIMITED TO ITS MEMBERS, SHAREHOLDERS, MEMBERS, OFFICERS, OWNERS, AGENTS, LICENSEES) BE LIABLE TO SELLER FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR LOST SALE ARISING OUT OF THE USE, DELAY OR INABILITY TO USE THE PRODUCTS AND/OR SERVICES AS PROVIDED FOR IN THE AGREEMENT WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BROKER IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES COLLECTED BY BROKER IN CONNECTION WITH SELLER’S USE OF THE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OF LIABILITY OR $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BROKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICBALE JURISDICTION. WITHOUT LIMITING ANY PROVISION OF THE LISTING AGREEMENT, SELLER’S REMEDIES FOR ANY BREACH OF THE LISTING AGREEMENT BY BROKER OR OTHERS WILL BE LIMITED TO AN ACTION AT LAW FOR DAMAGES (IF ANY), AND IN NO EVENT WILL SELLER BE ENTITLED TO RESCIND THE LISTING AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF (INCLUDING WITHOUT LIMITATION THROUGH ANY ARBITRATION PROCEEDING) IN CONNECTION THEREWITH.
General Release. To the maximum extent permitted by law, Seller, Seller’s heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively “Releasing Parties”) hereby irrevocably and unconditionally release and covenant not to sue Broker and Broker’s direct and indirect parent, subsidiary, affiliated and related entities, and each of their respective directors, officers, principals, shareholders, members, employees, agents, contractors, representatives, joint ventures, financiers, distributors, and attorneys, licensees, successors, and assigns (collectively “Releasees”) from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) (collectively “Claims”) arising out of, resulting from, or by reason of Seller’s participation in the Listing Agreement, and/or the marketing or sale of the Property by Broker, including, without limitation, any exploitation, distribution, exhibition, advertising and/or promotion of the Property or Seller’s identity, or the exercise by Broker or anyone else of any rights granted by Seller under the Listing Agreement, on any legal theory whatsoever (including without limitation personal injury, property damage, violation of privacy and publicity rights, false light, defamation, intentional or negligent infliction of emotional distress, products liability, breach of express or implied contract, breach of any statutory or other duty of care owed under applicable laws, infringement of copyright, trademark or patent, loss, limitation or reduction of any intellectual property rights and loss of earnings or potential earnings). Seller further acknowledges that there is a possibility that after Seller’s execution of the Listing Agreement, Seller may discover facts or incur or suffer claims which were unknown or unsuspected at the time the Listing Agreement was executed and which, if known by Seller at that time, may have materially affected Seller’s decision to execute the Listing Agreement. Seller acknowledges and agree that by reason of the Listing Agreement, and the release of liability contained herein, Seller is assuming any risk of such unknown facts and such unknown and unsuspected claims. The Listing Agreement shall constitute a full release of liability in accordance with its terms. Seller and the Releasing Parties knowingly and voluntarily waive any statute, law or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this Agreement and that without such waiver, Broker would not have accepted this Agreement.
Not Providing Legal Advice. Seller acknowledges that Broker (Including but not limited to its members, managers, officers, owners, agents, licensees) will not, at any time, provide legal representation or advice, nor offer any legal advice, legal opinions, recommendations, referrals, or counseling.
Electronic Communications Delivery Policy. Seller consent to accept and receive communications from Broker, including e-mail, text messages, calls, and push notifications to the cellular telephone numbers Seller provides to Broker (collectively, “Communications”). These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by Seller’s cell phone carrier may apply to the text messages Broker sends Seller. Communications include, but are not limited to: (i). agreements and policies Seller may agree to, including updates to these agreements or policies; (ii). prospective, or actual, buyer offers, counter-offers, contracts, addenda, disclosures, settlements, inspection reports, demands, and releases; and (iii). any, and all documents related in any way to the sale, rental, or optioning of Seller’s Property. By giving consent Seller is confirming that Seller has access to the necessary equipment and is able to receive, open, and print or download a copy of any Communications for Seller’s records. Seller may print or save a copy of these Communications for Seller’s records as they may not be accessible online at a later date. It is Seller’s responsibility to keep Seller’s primary email address up to date so that Broker can communicate with Seller electronically. Seller understand and agrees that if Broker sends Seller an electronic Communication but Seller does not receive it because Seller’s email address listed in this Agreement is incorrect, out of date, blocked by Seller’s service provider, or Seller is otherwise unable to receive electronic Communications, Broker will be deemed to have provided the Communication to Seller. Please note that if Seller use a spam filter that blocks or re-routes emails from senders not listed in Seller’s email address book, Seller must add Broker to Seller’s email address book so that Seller will be able to receive the Communications Broker sends to Seller.
Listing Activation Requirements. In order for Broker to “activate” Seller’s listing in the MLS and other third-party marketing means, Broker requires all of the following requirements be met: (i). All Listing Agreements, addenda and other legal documents have been signed the by Seller(s) and returned to Broker, (ii). Property information has been accurately provided to Broker, (iii). A List Price has been determined by Seller and communicated to broker in writing, and (iv). Photography has been properly completed and delivered to Broker.
Title Services. We built Listingly to save you money in every aspect of your sale, including title insurance. To lower costs, we use technology to connect to a network of Affiliated Title Company(s) statewide, the savings of which are passed on to you.
Each Affiliated Title Company is handpicked, attorney driven, and guaranties the lowest title insurance rates allowed by law - so you’ll save a bundle! But we believe in choice, so you, the Seller, are free to choose any third-party title provider (“Non-Approved Title Company”), however a $299 fee will apply to reimburse us for the higher cost of having to manually work with a third-party title provider and to monitor closing. Said fee shall be paid by Seller to Broker at Closing, and does not constitute an advance fee, commission or an advance escrow.
Florida Lien Disclosure Notice. Pursuant Florida Law, including but not limited to Florida Statute sections 713 and 475, Seller expressly and without reservation of any kind, hereby grants Broker the right to place a lien on both the Property, and/or any other real property owned by Seller in the State of Florida, to secure payment for any and all compensation, commission(s), fee(s), charges(s) or other sums which are due and/or may become due in the future pursuant to the terms of this Agreement, including but not limited to Broker’s fees, compensation and/or interest, liquidated damages, costs of collection and attorney’s fees due when the Claim of Lien is recorded, or which may accrue subsequent to the recording of the Claim of Lien and prior to entry of a final judgment of foreclosure. Further, Seller agrees to indemnify and hold Broker harmless for any claim for damages of any kind by Seller, any prospective buyer, any actual buyer and/or any third party as a result of Broker recording a Claim of Lien and/or obtaining a final judgment of foreclosure. Seller shall reimburse Broker for the all costs related to Broker recording a Claim of Lien and/or obtaining a final judgment of foreclosure, including legal fees. This provision shall survive expiration, or termination of the Listing Agreement. For purposes of satisfying Florida Statute 713, et. Seq., Broker shall be deemed to provide services or furnish materials constituting an improvement or part thereof to the Property.
Leasing & Rental. In addition to any fees or compensation herein, in the event Seller leases the Property during the term of the Listing Agreement, Seller shall pay Broker 5% of the gross lease value as a leasing fee, on the date Seller enters into any lease or agreement to lease unless the Property is listed for rent with Listingly.
Affiliated Business Arrangement
Disclosure Statement Notice This disclosure is to give Seller notice that there may be an affiliation by and between one or more of the following entities and/or persons: Listingly (including its members, mangers, brokers, and affiliates) and Accurate Title Agency, LLC (including any of their affiliate title companies). Because of these relationships, Listingly (and its members, mangers, brokers, and affiliates) may receive a financial or other benefit as the result of a referral. Seller is NOT required to use the listed provider(s) as a condition for purchase, sale or refinance of the subject property, but may decide and contract to use the listed provider(s). CONTRACTING TO USE THE LISTED SERVICE PROVIDER(S) BUNDLED TOGETHER WITH SERVICE(S) OFFERED BY LISTINGLY MAY RESULT IN LOWER PRICING & SIGNIFICANT SAVINGS. THERE ARE FREQUENTLY OTHER SETTLMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. SELLER SHOULD SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE COMPETITIVE RATES FOR THESE SERVICES PRIOR TO CONTRACTING FOR SAME. You may be offered services, products and promotions provided by third parties and not by Listingly (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. Listingly may provide links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Listingly.
Florida Notice, Florida Statute 713 ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.