E X C L U S I V E M A R K E T I N G A G R E E M E N T
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In consideration of the services of Hursh & Assoc., Realtors, hereinafter termed 'broker' to sell, trade, exchange, lease and/or obtain option to purchase the following real property, commonly known as ________________________________________ Broker is hereby appointed exclusive agent with the exclusive right against all others, including seller, to accept deposits and to present offers upon such real property according to the terms hereof, or any written modification which seller may hereafter submit or accept, in writing, for a period beginning ____________________ and continuing until midnight of _______________________ The real property which is the subject of this contract is situated in Valdez, Alaska and is legally described as follows:
The gross selling price for such property is ____________________________________________ Dollars $ _________________ and upon the following terms: ______________________________________________ Seller further agrees that in the event a purchaser is procured by broker, seller, or by means of any other source, which purchaser is ready, willing and able to purchase upon such terms as herein agreed, or subsequently modified in writing, and a sale is effected, seller agrees to deliver to such purchaser a good and sufficient Deed and a policy of title insurance showing marketable title. Seller agrees to pay broker a brokerage fee of _____________ percent of sales price. Or a flat fee of ________________________ , which fee has been negotiated between the parties. The brokerage fee shall be due, owing and paid to broker at time of closing and/or recording of the transaction, or rescission of sales agreement by seller. Interest, taxes, and rents shall be pro-rated as of such date. In the event of trade or exchange, seller agrees that broker may represent and accept compensation from the other party to this transaction, as well as from seller. Seller further agrees that such agreed brokerage fee shall be paid to broker in the event such property is sold, leased, conveyed, or in any manner otherwise transferred during a ______ day protection period after the expiration date of this instant contract, or any written extension hereof, to any party with whom broker, its agents, or any members of another brokerage company have in any manner introduced for purchase of the real property hereinabove described, prior to final termination. Seller shall not be obligated to pay such brokerage fee in the event a valid listing contract is entered into during the term of the protection period. It is further understood and agreed between the parties that, during the term of this contract, that an offer to purchase the property hereinabove described may fail to close. In such event, the parties hereto agree that this contract, or any written extension hereof, shall be in full force and effect through and until: (a) expiration of this contract; and/or (b) any written extension thereof; and/or (c) such time that any earnest money is forfeited or refunded; and/or (d) any Real Estate Purchase and Sale Agreement, and/or Earnest Money Agreement has expired; and/or (e) Protection Period of this contract has expired. All information in this contract is believed by both parties hereto to be complete and correct. It is understood and agreed, however, that the broker is not in a position to verify all items of information herein, and therefore, broker shall not be liable for errors or omissions in the information in this contract. Property Disclosure filled out by seller(s) is considered a part of this agreement and shall be given to any buyers prior to an offer being made on property.
Seller agrees to notify broker, in writing, of any material changes to the property within 24 hours of such change. Seller further agrees to h old harmless and indemnify broker from any losses or expenses as a result of misrepresentations made by seller: to hold harmless and indemnify broker from any losses or expenses as a result of misrepresentations made by seller. WARNING: Neither seller, listing agent, nor listing broker make any representation concerning suitability of the described property for an intended use nor to the applicability or non-applicability of any county, state or other governmental regulation regarding zoning, platting, subdivision or health department regulations.
It is further agreed and understood that neither buyer nor seller rely upon agent's estimate of acreage or square footage contained in this parcel of the location of boundary lines due to lack of current survey.
In consideration of execution of this contract, and the mutual promises herein contained, broker agrees to use due diligence in effecting a sale of the above-described real property (or personal property: mobile only). Seller authorizes broker to erect appropriate "for Sale" signs; to remove signs belonging to other brokers; to advertise the property in newspapers, TV scanner &/or on the internet thru web pages.
The undersigned seller warrants that he is owner of record of the real property hereinabove described, or such signatory has the authority to so authorize.
This is a legally binding contract. By signing this contract seller has acknowledged that he has read the same, agrees to its terms and fully understands its contents.
A copy is hereby acknowledged by seller. |