Form 41B – Fill Out and Use This PDF

The Buyer’s Agency Agreement, known as Form 41A, is a contract that outlines the relationship between a real estate buyer and a real estate firm or agent. It specifies the duties and responsibilities of both parties, detailing everything from the scope of the agency relationship, geographical areas of interest, terms of the agreement, compensation, and other critical aspects vital for a property search and acquisition process. To get started on establishing a professional relationship that aids in finding the right property, click the button below to fill out your form.

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Form 41B PDF Details

In the intricate landscape of real estate transactions, the Buyer’s Agency Agreement, notably encapsulated in Form 41A, serves as a fundamental contract that defines the relationship between a buyer and a real estate firm. Crafted by the Northwest Multiple Listing Service in a rigorous effort to standardize the home buying process, this document lays down the groundwork for a wide array of details ranging from agency appointment to compensation guidelines. It meticulously appoints a specific broker, underlining exclusivity or the lack thereof in the representation, outlines the scope of property search areas, and delineates the intricate conditions under which dual agency may occur. The form further clarifies the agreement's duration, underscores the absence of guarantees concerning property value or suitability, and strongly recommends property inspections. Importantly, it maps out the compensation structure, asserting conditions under which the buyer is obliged to remunerate the firm, while also encompassing provisions for utilizing the Multiple Listing Service (MLS) to enhance property search efficacy. Moreover, it addresses specific contingencies applicable to VA financed transactions and explicitly forbids representation in distressed home conveyances. In the event of legal disputes, the agreement furnishes a framework for the recovery of attorney’s fees and court costs by the prevailing party, ensuring a comprehensive legal shield for both parties involved. Through its all-encompassing nature, Form 41A not only orchestrates a transparent and accountable buyer-agent relationship but also meticulously caters to the legal, financial, and logistic intricacies inherent in the realm of real estate transactions.

Question	Answer
Form Name	Form 41B
Form Length	2 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	30 sec
Other names	nwmls forms list, E-mail, 41B, 41A

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Form 41A		©Copyright 2010
Buyer’s Agency Agreement		Northwest Multiple Listing Service
Rev. 7/10	BUYER’S AGENCY AGREEMENT	ALL RIGHTS RESERVED
Page 1 of 2	BUYER’S AGENCY AGREEMENT
This Buyer’s Agency Agreement is made this __________________________________________________ between			1
Windermere Real Estate/Mill Creek Inc.			2
______________________________________________________________________ (“Real Estate Firm” or “Firm”)			2

and	_________________________________________________________________________________ (“Buyer”).
1.	AGENCY. Firm appoints Preston Kallshian, Broker	("Selling Broker")

to represent Buyer. This Agreement creates an agency relationship with Selling Broker and any of Firm’s brokers who supervise Selling Broker’s performance as Buyer’s agent (“Supervising Broker”). No other brokers affiliated with Firm are agents of Buyer, except to the extent that Firm, in its discretion, appoints other brokers to act on Buyer's behalf as and when needed. Buyer acknowledges receipt of the pamphlet entitled "The Law of Real Estate Agency."

2.EXCLUSIVE OR NON-EXCLUSIVE. This Agreement creates a  sole and exclusive;  non-exclusive (non- 10

	exclusive if not checked) agency relationship.		11
3.	AREA. Selling Broker will search for real property for Buyer located in the following geographical areas:		12
	__________________________________________________________________________________________		13
	_______________________________________________________________ (unlimited if not filled in) (“Area”).		14
4.	FIRM’S LISTINGS/SELLING BROKER'S OWN LISTINGS/DUAL AGENCY. If Selling Broker locates a property 15
	listed by one of Firm’s brokers other than Selling Broker (“Listing Broker”), Buyer consents to any Supervising 16
	Broker, who also supervises Listing Broker, acting as a dual agent. Further, if Selling Broker locates a property 17
	listed by Selling Broker, Buyer consents to Selling Broker and Supervising Broker acting as dual agents.		18
5.	TERM OF AGREEMENT. This Agreement will expire 120	(120 days from signing if not filled in) or by 19
	prior written notice by either party. Buyer shall be under no obligation to Firm except for those obligations existing 20
	at the time of termination.		21

6.NO WARRANTIES OR REPRESENTATIONS. Firm makes no warranties or representations regarding the value 22

of or the suitability of any property for Buyer’s purposes. Buyer agrees to be responsible for making all inspections 23

and investigations necessary to satisfy Buyer as to the property’s suitability and value.

7.INSPECTIONS RECOMMENDED. Firm recommends that any offer to purchase a property be conditioned on 25

Buyer's inspection of the property and its improvements. Firm and Selling Broker have no expertise on these 26

matters and Buyer is solely responsible for interviewing and selecting all inspectors.	27
8. COMPENSATION. Buyer shall pay Firm compensation as follows:	28
Selling Office Commision offered on the property purchased, known as SOC or 3% of the sale	29
price.	30
__________________________________________________________________________________________	31

a.Exclusive. If the parties agree to an exclusive relationship in Paragraph 2 above and if Buyer shall, during the 32 course of this Agreement, purchase a property located in the Area, then Buyer shall pay to Firm the 33 compensation provided for herein. If Buyer shall, within six (6) months after the expiration or termination of 3435this Agreement, purchase a property located in the Area that was first brought to the attention of Buyer by the

efforts or actions of Firm, or through information secured directly or indirectly from or through Firm, then Buyer 36
shall pay to Firm the compensation provided for herein.	37

b.Non-Exclusive. If the parties agree to non-exclusive relationship in Paragraph 2 above and if Buyer shall, 38 during the course of or within six (6) months after the expiration or termination of this Agreement, purchase a 39 property that was first brought to the attention of Buyer by the efforts or actions of Firm, or through information 40

secured directly or indirectly from or through Firm, then Buyer shall pay to Firm the compensation provided for 41

herein.

BUYER: ________________________ BUYER: _________________________

Form 41A	©Copyright 2010
Buyer’s Agency Agreement	Northwest Multiple Listing Service
Rev. 7/10	ALL RIGHTS RESERVED
Page 2 of 2	BUYER’S AGENCY AGREEMENT
	BUYER’S AGENCY AGREEMENT

Continued

c.MLS. Firm will utilize a multiple listing service (“MLS”) to locate properties and MLS rules may require the seller to compensate Firm by apportioning a commission between the Listing Firm and Firm. Firm will disclose any such commission or bonuses offered by the seller prior to preparing any offer. Buyer will be credited with any commission or bonus so payable to Firm. In the event that said commission and any bonus is less than the compensation provided in this Agreement, Buyer will pay the difference to Firm at the time of closing. In the event that said commission and any bonus is equal to or greater than the compensation provided for by this Agreement, no compensation is due to Firm herein. If any of Firm’s brokers act as a dual agent, Firm shall receive the listing and selling commission paid by the seller plus any additional compensation Firm may have negotiated with the seller. All such compensation shall be credited toward the fee specified above.

9.V.A. TRANSACTIONS. Due to VA regulations, VA financed transactions shall be conditioned upon the full commission being paid by the seller.

10.NO DISTRESSED HOME CONVEYANCE. Firm will not represent or assist Buyer in a transaction that is a “Distressed Home Conveyance” as defined by Chapter 61.34 RCW unless otherwise agreed in writing. A “Distressed Home Conveyance” is a transaction where a buyer purchases property from a “Distressed Homeowner” (defined by Chapter 61.34 RCW), allows the Distressed Homeowner to continue to occupy the property, and promises to convey the property back to the Distressed Homeowner or promises the Distressed Homeowner an interest in, or portion of the proceeds from a resale of the property.

11.ATTORNEYS' FEES. In the event of suit concerning this Agreement, including claims pursuant to the Washington Consumer Protection Act, the prevailing party is entitled to court costs and a reasonable attorney’s fee. The venue of any suit shall be the county in which the property is located.

12.OTHER AGREEMENTS (none if not filled in).

___________________________________________________________________________________________

Buyer has read and approves this Agreement and hereby acknowledges receipt of a copy.

_____________________________________________		__________________________________________
Buyer	Date	Firm (Company)
_____________________________________________		__________________________________________
Buyer	Date	By: (Selling Broker)
_____________________________________________
Address
_____________________________________________
City, State, Zip
_____________________________________________
Phone	Fax

_____________________________________________

E-mail Address

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In the COMPENSATION Buyer shall pay Firm, a Exclusive If the parties agree, and b NonExclusive If the parties area, note your information.

nwmls 22t COMPENSATION Buyer shall pay Firm, a Exclusive If the parties agree, and b NonExclusive If the parties fields to complete

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You should define the rights and responsibilities of each side in box OTHER AGREEMENTS none if not, Buyer has read and approves this, Buyer, Date, Firm Company, Buyer, Date, By Selling Broker, Address, City State Zip, Phone, and Fax.

Look at the areas Phone, Fax, and Email Address and then complete them.

nwmls 22t Phone, Fax, and Email Address blanks to fill out

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Form 41B – Fill Out and Use This PDF

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