52(e) Provide objective comparative market analysis information to potential buyers; and
53* (f) (Check if applicable) ❏ Use a lock box system to show and access the Property. A lock box does not ensure the
54Property’s security; Seller is advised to secure or remove valuables. Seller agrees that the lock box is for Seller’s benefit and
55releases Broker, persons working through Broker and Broker’s local Realtor Board / Association from all liability and
56* responsibility in connection with any loss that occurs. ❏ Withhold verbal offers. ❏ Withhold all offers once Seller accepts a
57sales contract for the Property.
58(g) Act as a transaction broker of Seller.
59( h) Virtual Office Websites: Some real estate brokerages offer real estate brokerage services online. these websites are
60referred to as Virtual office Websites (“VoW”). An automated estimate of market value or reviews and comments about a
61property may be displayed in conjunction with a property on some VoWs. Anyone who registers on a Virtual office Website
62may gain access to such automated valuations or comments and reviews about any property displayed on a VoW. Unless
63limited below, a VoW may display automated valuations or comments/reviews (blogs) about this Property.
64* ❏ Seller does not authorize an automated estimate of the market value of the listing (or hyperlink to such estimate) to be
65displayed in immediate conjunction with the listing of this Property.
66* ❏ Seller does not authorize third parties to write comments or reviews about the listing of the Property (or display a hyperlink
67to such comments or reviews) in immediate conjunction with the listing of this Property.
685. SELLER OBLIGATIONS: In consideration of Broker’s obligations, Seller agrees to:
69(a) Cooperate with Broker in carrying out the purpose of this Agreement, including referring immediately to Broker all
70inquiries regarding the Property’s transfer, whether by purchase or any other means of transfer.
71(b) Provide Broker with keys to the Property and make the Property available for Broker to show during reasonable times.
72(c) Inform Broker prior to leasing, mortgaging or otherwise encumbering the Property.
73(d) Indemnify Broker and hold Broker harmless from losses, damages, costs and expenses of any nature, including
74attorney’s fees, and from liability to any person, that Broker incurs because of (1) Seller’s negligence, representations,
75misrepresentations, actions or inactions, (2) the use of a lock box, (3) the existence of undisclosed material facts about the
76Property, or (4) a court or arbitration decision that a broker who was not compensated in connection with a transaction is
77entitled to compensation from Broker. this clause will survive Broker’s performance and the transfer of title.
78(e) to perform any act reasonably necessary to comply with FIRPtA (Internal Revenue Code Section 1445).
79(f) Make all legally required disclosures, including all facts that materially affect the Property’s value and are not readily
80observable or known by the buyer. Seller certifies and represents that Seller knows of no such material facts (local
81* |
government building code violations, unobservable defects, etc.) other than the following: ______________________________ |
82* |
___________________________________________________________________________________________________________ |
83Seller will immediately inform Broker of any material facts that arise after signing this Agreement.
84(g) Consult appropriate professionals for related legal, tax, property condition, environmental, foreign reporting requirements
85and other specialized advice.
866. COMPENSATION: Seller will compensate Broker as specified below for procuring a buyer who is ready, willing and able to
87purchase the Property or any interest in the Property on the terms of this Agreement or on any other terms acceptable to
88Seller. Seller will pay Broker as follows (plus applicable sales tax):
89* |
(a) _____________ % of the total purchase price plus $____________________ oR $____________________, no later than |
90the date of closing specified in the sales contract. However, closing is not a prerequisite for Broker’s fee being earned.
91* |
(b) _____________ ($ or %) of the consideration paid for an option, at the time an option is created. If the option is exercised, |
92Seller will pay Broker the paragraph 6(a) fee, less the amount Broker received under this subparagraph.
93* |
(c) _____________ ($ or %) of gross lease value as a leasing fee, on the date Seller enters into a lease or agreement to |
94lease, whichever is soonest. this fee is not due if the Property is or becomes the subject of a contract granting an exclusive
95right to lease the Property.
96(d) Broker’s fee is due in the following circumstances: (1) If any interest in the Property is transferred, whether by sale, lease,
97exchange, governmental action, bankruptcy or any other means of transfer, regardless of whether the buyer is secured by
98Broker, Seller or any other person. (2) If Seller refuses or fails to sign an offer at the price and terms stated in this Agreement,
99* |
defaults on an executed sales contract or agrees with a buyer to cancel an executed sales contract. (3) If, within ______ days after |
100termination Date (“Protection Period”), Seller transfers or contracts to transfer the Property or any interest in the Property to any
101prospects with whom Seller, Broker or any real estate licensee communicated regarding the Property prior to termination Date.
102However, no fee will be due Broker if the Property is relisted after termination Date and sold through another broker.
103* |
(e) Retained Deposits: As consideration for Broker’s services, Broker is entitled to receive _______% of all deposits that |
104Seller retains as liquidated damages for a buyer’s default in a transaction, not to exceed the paragraph 6(a) fee.
1057. COOPERATION AND COMPENSATION WITH OTHER BROKERS: Broker’s office policy is to cooperate with all other
106* brokers except when not in Seller’s best interest: ❏ and to offer compensation in the amount of _____________% of the
107* purchase price or $_____________ to Buyer’s agents, who represent the interest of the buyers, and not the interest of Seller in
108* Seller (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 4 Pages.