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Below is a Sample Buyer Broker Agreement or Buyer's Agency Agreement

Please Note that this is only a sample. You should carefully read any contract like this before signing, and consult with the agent or an attorney if you have any questions. Each company will have their own unique written agreement and some agreement language may be influenced by specific state real estate laws, and may be different from state to state.

EXCLUSIVE RIGHT TO LOCATE PROPERTY-BUYERS BROKER AGREEMENT

THIS AGREEMENT, by and between __________hereinafter referred to as CLIENT and COMPANY NAME, hereafer referred to as BROKER, is entered into for the express purpose of Client employing said Broker as an EXCLUSIVE agent to locate and arrange a transaction for the acquiring of acceptable property as briefly described in #2 of conditions below. Condidtions of this agreement are:

1. This is an Exclusibe Right agreement for Broker to Locate and Offer to Purchase real estate, including incidental personal property, on behalf of Client. This agreement shall become effective on ________ and shall terminate at 12:01 pm on __________.

2. The general nature and transaction desired by Client is briefly described as:

____________________________________________________________________

3. Client agrees to pay $_______ setup and retainer fee for services of Broker during the period of this agreement. It is understood that this fee is fully earned upon the execution of this agreement. Broker agrees to credit Client with this amount against any other transaction fee received under this agreement.

4. Client agrees to pay Broker a transaction fee in the amount of ___________dollars, ($______) (note: this language may alternatively quote a comission percentage of the sales price of the property) at the close of a transaction for the acquiring of property described in #2 above. Broker agrees to credit Client with full amount of any other costomery fees/commissions offered and paid into the transaction. If Client enters into agreement to acquire property described herein, during the term of the ageement or extensions thereof, whether arranged by Broker, Client or other person, this condition shall activate this agreement and said amount shall become due and payable immediately upon close of the transaction.

5. Broker, in consideration of this Exclusive Right agreement, shall exercise the utmost diligence in locating a property as described by Client in #2 above. Broker shall negotiate and otherwise act on behalf of and in the best interest of Client throughut the transaction process.

6. Client agrees to furnish, and warrent the accuracy of personal and financial information deemed necessary by Broker to insure the Client's ability to acquire the property described in section 2; agrees to be available for reasonalble periods of consultation and presentation of located properties; and after property presentation, to give Broker the reasons why not acceptable, if rejected.

7. Broker agrees, within 15 days after termination of the agreement, to deliver Client a written list of all properties presented for consideration during the term thereof. If Client makes acquisition of any such property located or negotiated for by Broker within ___ days from termination of this agreement, the fee agreed in #4 above shall be deemed immediately due and payable to the Broker.

8. This agreement may be terminated prior to the expiration date by either party hereto delivering written notice of such intent to the other party. Termination, under this condition, shall become effective upon delivery of the notice to the other party. Certificate of mailing to the address on this agreement shall constitute delivery of said notice. If this condition is initiated by Broker, the setup/retainer fee in condition #3 shall be fully refunded to the client.

9. It is further agreed that should any legl action be required by either party to enforce, interpret, or to obtain restitution from any breach of this contract, the prevailing party shall be entitiled to collect reasonalbe attorney fees in addition to any award the court may grant.

10. Client acknowledges by their signature hereto that Broker has alerted them that there may be tax and/or legal consequences arising out of any real estate transaction entered into, and further, Broker recommends they seek competent tax or legal advice. Client agrees that Broker cannot be a specialist in all fields and therefore agrees to employ other professionals as deemed necessary to perform the due diligence of a prudent buyer.

RECEIPT OF A COPY OF THIS AGREEMENT IS HEREBY ACKNOWLEDGED.

CLIENT________________ADDRESS___________________DATE_____________

BROKER_________________ADDRESS__________________DATE_____________

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Does this agreement have a retainer that is deducted from the broker's comission at closing?

Does this agreement include a clause that tells under what conditions the agreement may be terminated?

Does this agreement specifiy how the buyer agent or broker gets paid?