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The Following is a
Copy of our standard Buyer Brokerage Agreement which we use when a Buyer chooses to have
us represent them a a Buyers Agent. Remember, the choice of buyer Representation is
totally that of the buyer.
BUYER AgentAGE AGREEMENT
In consideration of the fees and conditions stated below,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Client) contracts with Steve Levine, RE/MAX First Choice to locate and
negotiate acceptable terms for real property suitable for purchase by Client as described
as follows:
_ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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TERM OF AGREEMENT
This Agreement shall be in effect from _ _ _ _ _ _ _ _ _ _ _ , 19_ _ until
_ _ _ _ _ _ _ _ _ _ , 19_ _ .
SERVICES/PAYMENT
As used in this Agreement, the terms:
Agent, or his assignee, will act as
Client's agent to:
- Use professional knowledge and skills as well as services of any
appropriate cooperating agencies toward the location and presentation of real property
which is available for purchase and suitable for Client's needs as stated above;
- Assist Client through the entire process of property acquisition; and
Negotiate for and act in the Client's
interest in all Buyer Agency transactions.
In acceptance of this Agreement, Client will:
Work exclusively with Agent during
the term of this Agreement.
Furnish Agent with necessary
financial information to reasonably establish Client's ability to purchase property.
Pay to Agent a Fee based on a Fee of
Three percent (3%) of the purchase price, of any real property of the nature described
above purchased by the Client, or by any entity in which Client has an interest, during
the term of this Agreement.
Agent agrees to the following terms and
conditions:
- Agent will provide the clients with
appropriate contact phone numbers with which agent can be reached 7 days a week.
Agent will return phone calls from Client in a timely fashion.
- Agent will provide the Client, as requested,
with all MLS available information, property addresses etc.. to facilitate the Clients
house search
- Agent will identify for the Client when
permitted, homes which agent knows to be coming on the market, in advance of said
information being made available to the general public
- Agent will express to the Client an honest
and professional opinion of the suitability and value of a particular property.
Client likewise agrees to the following terms and conditions.
These terms are designed to enable the Agent to provide maximum service to the Client,
while ensuring that no additional fees are paid by the Client for this service.
- Client agrees to contact Agent with respect to all inquiries
of a Real Estate nature. Since Client will have multiple phone numbers to reach Agent 7
days a week, this should be a simple proces.
- Client acknowledges that calling other agents on
advertisements, popping into open houses, or stopping into new construction sites is not
recommended. This can inadvertently result in the refusal of the Seller to
acknowledge the Agent as being entitled to a fee, thereby obligating the Client to pay out
of pocket.
- If the Client does come into contact, in person or by phone
with other Agents, Client shall properly express to them that they "...already have a
Clients Agent."
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The Client shall
pay Agent the fee as specified in Paragraph above if at any time during this
Agreement or in the Ninety (90) days following expiration or termination of this
Agreement, Client enters into a purchase, exchange, option or rental agreement on any
property which Agent
or Client has located. Fees as set forth in Paragraphs 3 shall be earned, and deemed to be
due and payable when a property is located that is owned by a seller who is ready, willing
and able to sell, or otherwise convey an interest in the property upon terms which are
acceptable to Client as evidenced by Client entering into a purchase, option, exchange,
lease or trade agreement with such Seller. However, upon execution of such contract, Steve Levine,
REMAX First Choice agrees to defer the Agentage fee as set forth in Paragraph 3 until the settlement date stated in
the contract with Seller. Deferral is agreed to solely as an accommodation to the Client
and in no way shall be construed as a waiver or release of Client's obligation to pay the
Agentage fee.
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Disclosed
Dual Agency
In the event that the client wishes to purchase
a property listed by RE/MAX First Choice, the Agent enters into an area of practice called
Disclosed Dual Agency. In this relationship, the Agency is essentially representing
both parties in the transaction with the consent of all parties involved.
The agent will deal with the Client and the
seller impartially.
The Agent will have the duty of full disclosure to all parties except that:
1.The agent will not disclose that the Client is willing to pay a price or agree to terms
other than contained in the offer,or that the seller is willing to accept a price or terms
other than is stated in the listing.
2.The agent will not disclose the motivation of the Client to buy or the seller to sell
unless authorized buy the Client or the seller.
3.The agent will not disclose personal information about either the Client or the seller
unless authorized in writing.
4.The agent will disclose to the Client defects about the physical condition of the
property known to the agent.
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Agent
_ _ _ is _ _ _ is not authorized to receive compensation either as a portion of commission
offered by the Listing Agent to a Client's Agent or paid by the Seller. The amount of said
compensation shall be credited against the obligations of Client to Agent. The amount of
any such payment made by the Listing Agent shall be made with the Seller's and Client's
prior knowledge and consent and shall in no way affect the obligation of the Agent to act
as the sole and exclusive agent and fiduciary of the Client in the transaction.
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INITIAL
HERE _ _ _ _
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Agent shall be entitled to show any and all properties to other clients.
DISCLAIMER
Client acknowledges that Agent is being retained solely as a Real Estate
Agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural or
mechanical engineer, certified home inspector, termite inspector, environmental inspector
or environmental surveyor (including but not limited to, inspections for radon, and the
presence of lead in the interior and exterior of any structures and in the soil) or other
professional service provider. Client is hereby advised to seek separate professional
advice for all legal and tax matters and for all of the items listed above. |
INITIAL
HERE _ _ _ _
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FAIR
DEALING
Client understands that Agent must
at all times be fair and honest in dealings with a Seller and a Listing Agent and must
adhere to the Code of Ethics promulgated by the National Association of Realtors. Client
must disclose all material facts that in fairness should be disclosed to Agent, Seller and
Listing Agent. The parties
agree not to discriminate against any prospective Seller or Lessor because of race, color,
national origin, religion, ancestry, sex, age, marital status, sexual orientation,
presence of children, family status or physical or mental disabilities.
TERMINATION
This contract may be declared null and void by either party at any time, as long as 7 days
notice is given in writing by the rescinding party and subject to the following clause:
"The Client shall pay Agent
the fee as stated in Paragraph 3 above if at any time in the Ninety (90) days following
termination of this Agreement Client enters into a purchase, exchange, option or rental
agreement on any property which has been located during the term of this agreement." |
INITIAL
HERE _ _ _ _
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AGREEMENT
AND RECEIPT
This document contains the full and entire Agreement between Client and Agent. Each
acknowledges receipt of a copy of this Agreement.
AMENDMENT
This Agreement may not be amended or modified except in a writing that is signed by the
parties hereto.
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Purchaser
Print Purchaser's Name
Co-Purchaser
Print Purchaser's Name
Purchaser's Address
Phone
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REMAX
First Choice
date
Agent Signature
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