Fill and Sign the Exclusive Sale Form

Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers Agreement made on the _______________ (date) , between _____________________ (Name of Broker) , a corporation organized and existing under the laws of the state of __________________, with its principal office located at _______________________________ ________________________________________________ (street address, city, county, state, zip code) , referred to herein as Broker , and ____________________ (Name of Owner) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ________________________________________________________ ________________________ (street address, city, county, state, zip code) , referred to herein as Owner . For and in consideration of services to be performed by Broker, Owner employs Broker as Owner's sole and exclusive agent to sell a certain parcel of Property (the Property ) located at ____________________________________________________________________________ (street address, city, county, state, zip code) , and more specifically described in Exhibit A attached hereto and made a part hereof by reference, subject to the following terms and conditions: 1. Owner has this date listed with the Broker for the purposes of procuring a buyer deemed satisfactory in the Owner's sole discretion, upon terms set forth in this Agreement, the real property (the Property ) located at _________________________________________________ ______________________________ (street address, city, county, state, zip code) , and being more particularly described in Exhibit A attached hereto and made a part hereof. 2. The price shall be $___________ or less for the Property at the Owner's sole discretion. 3. The Owner grants to the Broker an exclusive right to sell and co-broker for a period of _______ ( number) months beginning this date __________________ (the exclusive period) . The Broker will solicit co-Brokers upon signing of this Agreement. For a period of _______ (number) months after the expiration of the exclusive period, if the Owner enters into a contract of sale with anyone whom the Broker has brought through the Property during the exclusive period, and which results in a sale, the Owner agrees to pay the Broker as commission of ______ % of the gross purchase price, provided, however, that any such commission shall not be deemed to be earned, due or payable unless and until title actually closes or until willful failure to close on the part of the Owner. 4. In consideration of the above, the Broker agrees to use its best efforts to procure a purchaser subject to the above conditions. Broker shall: A. Include the Property with the other listings maintained by it; B. Place a suitable sign on the Property; C. Notify Owner promptly of prospective buyers; and D. Show the Property to prospective buyers. 5. Broker shall screen prospective purchasers and their Brokers. 6. Owner shall provide access to the Property by the Broker. 7. Broker shall be present at each showing of the Property. 8. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 9. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 11. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ____________________________ ___________________________ (Name of Broker) (Name of Owner) By:______________________________ By:_____________________________ _________________________ _________________________ (P rinted name & Office in Corporation) (P rinted name & Office in Corporation _________________________ _________________________ (Signature of Officer) (Signature of Office [Signatures and date(s) of signing]