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Fill and Sign the Listing Agreement Broker Form

Fill and Sign the Listing Agreement Broker Form

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Listing Agreement with Broker for Leasing of Premises with Commission Agreement Listing Agreement made on the ________________________ (date), between ________________________ (Name of Broker) of _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Broker , and ________________________ (Name of Owner) of _____________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner . I. Employment of Broker. A. In consideration of services to be rendered by Broker, Owner employs Broker as _______ (his/her) exclusive agent to procure tenants for rental units located at _____________________________________________ (street address, city, county, state, zip code) , and more particularly described In Exhibit A attached hereto and made a part hereof. B. A description of each individual rental unit, together with the minimum rents to be charged, appears in Exhibit B attached hereto and made a part hereof. C. Broker is authorized to rent the units at rents equal to or greater than the minimum amounts indicated and only to responsible tenants. II. Commission. As compensation for Broker's acceptance of this listing, advertising of the rental premises, and diligent efforts to procure tenants, Owner agrees that Broker shall have as a commission for each tenant procured by Broker or by any other Broker or agent _______ % of each month's rental receipts attributable to that tenant. III. Term. This Agreement shall continue in force until terminated by either party on _______ (number) days' notice, but in the event of termination by Owner, Broker's rights under this Agreement as to parties with whom Broker may have been negotiating at the time of termination shall continue for a period of _______ (number) days following such termination. IV. Effect of Agreement. Owner agrees that this Agreement shall constitute an exclusive agency to Broker to rent the above-described units. The commissions specified in this Agreement shall be paid with respect to tenants procured by any Broker during the term of this Agreement, but shall not be paid with respect to any tenants procured by Owner without the services of any broker. V. Advertising. Broker is authorized to advertise the rental units in whatever manner _______ (he/she) deems best. Broker may also place _______ (his/her) signs on the premises and remove all other signs. VI. Severability. 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. VII. No Waiver. 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. VIII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________ (name of state). IX. Notices. Unless provided herein to the contrary, 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. X. Mandatory Arbitration . 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. XI. Entire Agreement . 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. XII. Modification of Agreement. 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. XIII. Assignment of Rights. 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. XIV. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XVI. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated. ________________________ _________________________ (Signature of Owner) (Signature of Broker) ________________________ ________________________ (P rinted Name of Owner) (P rinted Name of Broker)

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