Multi Offer Agreement

MULTI OFFER AGREEMENT

This Multi Offer Agreement (the Agreement) is entered into as of by and between Seller Name: of Address: (the "Seller") and Broker Name: License No.: of Brokerage: (the "Broker"). The parties agree as follows.

RECITALS

WHEREAS, Seller is the owner or authorized representative of real property located at (the "Property"); and

WHEREAS, Broker is engaged to market the Property and present offers to Seller; and

WHEREAS, multiple prospective purchasers may submit competing offers and the parties desire to set forth the procedures, disclosures and authorities relating to presentation, evaluation and handling of multiple offers.

NOW, THEREFORE

In consideration of the mutual covenants and agreements set forth below, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows.

1. DEFINITIONS

For purposes of this Agreement: (a) "Offer" means any written proposal to purchase the Property submitted to the Broker on terms that, if accepted, would create a binding purchase agreement; (b) "Present" or "Presentation" means delivery of a complete copy of the Offer to Seller or Seller's authorized representative in accordance with Section 9 (Notices).

2. AUTHORITY AND APPOINTMENT

Seller appoints Broker as Seller's exclusive agent for purposes of receiving, reviewing and presenting Offers with respect to the Property, subject to the terms of any existing listing agreement. Broker's authority includes presenting competing Offers, recommending counteroffers, obtaining additional terms from prospective buyers, and coordinating any staged timelines for acceptance as authorized in this Agreement.

3. DUTIES OF BROKER — PRESENTATION OF OFFERS

Broker shall deliver every Offer received in writing to Seller promptly and in its entirety. Broker shall not withhold material terms of any Offer. Broker shall maintain copies of all Offers and related communications and shall provide Seller with a written comparison summarizing price, earnest money, contingencies, closing date and other material terms upon request.

4. MULTIPLE OFFER PROCEDURE

When more than one Offer has been received, Broker shall: (a) present all Offers to Seller concurrently wherever feasible; (b) prepare a written summary that identifies each Offer's material terms; and (c) allow Seller to instruct Broker to pursue one or more of the following actions: accept an Offer, reject all Offers, counter one Offer, or solicit best and final offers.

Seller's selected response deadline to competing bidders is hours from the time Broker delivers written notice that multiple Offers exist, unless Seller gives alternative written instructions.

5. ESCALATION CLAUSES

Escalation clauses contained in Offers shall be disclosed to Seller in full. Broker may solicit clarification from the Offeror regarding the authentic operation of any escalation clause, including maximum cap, base increment and documentation required to support escalation adjustments. Seller authorizes Broker to request verification that an escalation is genuine and to present such verification to Seller.

Broker permitted to obtain escalation verification: Yes

6. CONFIDENTIALITY AND DISCLOSURE

Broker shall keep confidential the terms of each Offer except as necessary for presentation to Seller and performance of Broker's obligations under this Agreement. Broker shall not disclose the identity of any prospective purchaser or the terms of an Offer to any other prospective purchaser without the express written consent of Seller. Notwithstanding the foregoing, Broker may disclose material facts required by law or by the terms of the listing agreement.

7. COMPENSATION

Compensation due to Broker in connection with any Offer accepted by Seller shall be governed by the existing listing or compensation agreement between Seller and Broker. Nothing in this Agreement alters the terms of the listing agreement unless expressly amended in writing and signed by both parties.

8. RECORDS AND RETENTION

Broker shall retain copies of all written Offers and all correspondence concerning multiple Offers for a period of following final disposition of the listing, and shall produce such records to Seller upon reasonable request.

9. NOTICES

All notices required or permitted hereunder shall be in writing and delivered to the addresses below by personal delivery, recognized overnight courier, or certified mail (return receipt requested). Notice is effective upon receipt.

10. INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising from a material breach of this Agreement or from fraudulent or negligent acts or omissions of the indemnifying party, except to the extent caused by the indemnitee's own willful misconduct or gross negligence.

11. AMENDMENT; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver of that right. This Agreement may be executed in counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, agreements and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ADDITIONAL TERMS

CERTIFICATION

Each party represents and warrants that the signatory below has the full power and authority to enter into this Agreement on behalf of the party, and that execution and performance will not violate any other agreement to which the party is bound.

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