Coldwell Banker The Brokers
Buyer Agency Agreement

Please print and read this form
This is a legal instrument. If not understood, legal, tax or other counsel should be consulted before signing.

________________,____________________. 19_____

__________________________________________________________("Buyer")

appoints ____________________________________________ of the Coldwell Banker The Brokers   ("Broker") as Buyer's exclusive agent for the purpose of assisting Buyer in the acquisition of interests in real property ("Property") as indicated in Section 2, under the terms specified herein.

  1. Effect of Exclusive Buyer Agency Agreement. Buyer shall conduct all negotiations through Broker, and indicate to Broker all properties Buyer is interested in during thc time this Agreement is in effect. Buyer agrees (that any Broker compensation which is conditioned upon the acquisition by Buyer of Properly, whether they lease or purchase (collectively "purchase"), shall he earned by Broker whenever such interests are acquired by Buyer directly or indirectly pursuant to thc terms of this Agreement.

  2. Property.. The Property shall substantially meet the following requirements or be otherwise acceptable to Buyer. i.e.. Buyer enters into a contract to buy such Property:

  3. Duration of Agency Agreement. Broker’s authority as Buyer’s agent shall begin___________,l9__, and shall continue until_________________ , l9___ or acquisition of the property.

  1. Broker's Representations and Services. Broker shall provide Buyer with information regarding property listed in thc Multiple Listing Service ("ML’S") and additional property of which the salesperson assisting the Buyer has actual knowledge. Broker shall attempt to procure a prospective seller’s acceptance of any offer to purchase a prospective seller’s property and to assist in the completion of the transaction.

  2. Costs of Services or Products. Unless otherwise agreed, in writing, Broker shall not obtain or order products or services in the Broker name, (i.e., surveys, soil tests, radon tests, title reports, property inspections). Broker shall not be obligated to advance funds for the Buyer.

  3. Compensation of Broker, In consideration of thc services to be performed by Broker, Buyer agrees to pay the Broker in thc following manner at the time of closing of thc transaction:

  1. On purchase of Multiple listed property or other listed property where a cooperating fee is offered to the Broker by a listing broker, thc fee offered shall bc thc entire compensation except that such fee shall not bc less than three percent (3%) of the sales price or the buyer agrees to pay thc difference if the property is purchased.

  2. b. On purchase of unlisted property, thc buyer shall instruct the seller to pay the buyer’s Broker live percent (5%) of thc sale price as a Term of the buyer's offer to the seller. If thc buyer elects to negotiate a purchase which provides no payment or only partial payment of thc Broker, the Buyer will pay the balance directly to the Broker. The fees indicated in this section shall apply to purchase agreements executed during the original term of this contract or any extension(s) and shall also apply to purchase agreements executed within 180 days after this contract expires or is terminated if this property was shown or specifically presented in writing to Buyer by Broker during the original term or extension(s) of term of this contract.

  1. Failure to Close. If a seller fails to close through no fault of the Buyer, the fee provided shall be waived. If Buyer fails to close after meeting financing provisions of Buy/Sell such fee shall not be waived, hut shall be due and payable immediately.

  2. Disclosure of Broker's Role. At the time of initial contact 13roker shall inform all prospective sellers or their agents with whom Broker negotiates pursuant to this Agreement that Broker is acting on behalf of the Buyer.

  3. Disclosures. Broker does have Buyer’s permission to disclose Buyer’s identity to third parties without prior written consent of Buyer unless otherwise specified in Provision 14. Broker agrees not to disclose information obtained in confidence from Buyer except as authorized in writing by Buyer or as required by law.

  4. Conflicting Interests. In the event Broker has an ownership interest in any property Buyer selects, said fact shall bc immediately disclosed to Buyer. Broker may show any property to other prospective competing buyers. Broker may assist Buyer in the purchase of property listed for sale by a seller with Broker pursuant to the terms of the separate agreement attached hereto.

  5. Fair Housing, The parties agree not to discriminate against any prospective seller on the basis of the race, creed, color, sex, national origin, familial status, handicap, religion or as may be provided by local, state or federal law or regulation.

  6. Attorneys’ Fees. In case obligation or arbitration concerning this Agreement, the parties agree that costs and reasonable attorneys’ fees shall be awarded to the prevailing party.

  7. Modification. This Agreement constitutes the entire agreement between the parties and any prior agreements, whether oral or written, have been merged and integrated into this Agreement. No modification of any of the terms of this Agreement shall be valid, binding upon the parties, or enforceable unless in writing and signed by the parties.

  8. Additional Provisions. _______________________________________________________________________________
    _____________________________________________________________________________________

  9. Counterparts and Copies. If more than one person is named as a Buyer herein, this agreement may be executed by each Buyer, individually, and when so executed, such copies taken together shall be deemed to be a full and complete Agreement between the parties. Buyer acknowledges receipt of a copy of this agreement signed by the Broker

 

Buyer: __________________________________ Date: ______________________________

Buyer: _________________________________ Date: ______________________________

Sales Associate: ____________________________ Date: _____________________________

Broker Approval: ____________________________ Date: ____________________________