Fill and Sign the Non Exclusive Agreement 497330720 Form

Non-Exclusive Buyer-Broker Agreement & Agency Disclosure This Non - Exclusive Buyer - Broker Agreement & Agency Disclosure is entered into on this _____day of ______________________, 20____, by and between ___________________________ (Name of Broker/Realtor) of _________________________________________________________ ____________________________ (street address, city, county, state, zip code) , the Company , and _________________________________ (Name of Buyer) , of _______________________________ _____________________________________________ (street address, city, county, state, zip code) , the Buyer . 1. Term of Agreement. The Buyer hereby retains the Company , including __________________________________ (Name of particular agent with the Company) (the Buyer’s Agent ) as the authorized agent for the Company , starting on the date listed above, and ending at 5:00 P.M. ( e.g., CDT) or the day of the closing of the acquisition of a property, which ever occurs first (the Initial Term) , to act as the Non- Exclusive Buyer’s Agent in locating and/or negotiating for the acquisition of a property in __________________________________ (Name of County and State) . 2. Broker age Fee. If the property acquired by the Buyer is listed with a Broker age, the selling commission paid to the Company by the listing Broker age shall satisfy the Buyer's obligation for the Broker age fee shown below. If, during the Initial Term, or any extension of the Initial Term, the Buyer , or any other person acting in the Buyer 's behalf, acquires an interest in any real property on which: (a) the Buyer 's Agent; (b) the Principal/Branch Broker for the Company (the Broker ); or (c) another real estate agent Affiliate d with the Company (appointed to temporarily represent the Buyer as provided in Section 5, and referred to below as an Affiliate ) negotiates a transaction on the Buyer 's behalf, the Buyer agrees to pay to the Company a Broker age fee in the amount of $______________ or ______ % of the acquisition price of the property. If the property is not listed with a Broker age, in the absence of a commission agreement with the owner of the selected property, the Broker age fee shown above shall be paid by the Buyer . Unless otherwise agreed to in writing by the Buyer and the Company , the Broker age fee shown above shall be due and payable on: (i) if a purchase, the date of recording of the closing documents; (ii) if a lease, the effective date of the lease, or (iii) if an option, the date the option agreement is signed. If the transaction is prevented by default of Buyer , the compensation shall be immediately payable to the Company . 3. Protection Period If within months after the termination or expiration of this Non-Exclusive Buyer-Broker Agreement, the Buyer or any person acting on the Buyer's behalf, enters into an agreement to purchase, exchange for, obtain an option on, or lease any property on which, during the Initial Term : (a) the Buyer's Agent; (b) the Broker; or (c) an Affiliate , was negotiating a transaction on the Buyer's behalf, the Buyer agrees to pay to the Company the Brokerage fee referenced in Section 2. 4. Buyer Representations and Disclosures The Buyer will: (a) furnish the Buyer's Agent with relevant personal and financial information to facilitate the Buyer's ability to acquire a property; (b) exercise care and diligence in evaluating the physical and legal condition of the property selected by the Buyer; (c) upon signing of this Non-Exclusive Buyer-Broker Agreement , personally review and sign the Property Checklist form; and (d) disclose to the Buyer's Agent all properties in which the Buyer, as of the date of this N on- Exclusive Buyer-Broker Agreement, is either negotiating to acquire or has a present interest in acquiring. 5. Agency Relationships By signing this Non-Exclusive Buyer-Broker Agreement , the Buyer designates the Buyer's Agent and the Principal/Branch Broker for the Company (the Broker ), as non-exclusive agents for the Buyer to locate properties for the Buyer's consideration and review. The Buyer also authorizes the Buyer's Agent or the Broker to appoint another agent in the Company to represent the Buyer in the event the Buyer's Agent or the Broker will be temporarily unavailable to service the Buyer. As agents for the Buyer, the Buyer's Agent and the Broker have fiduciary duties to the Buyer that include loyalty, full disclosure, confidentiality, and reasonable care. The Buyer understands, however, that the Buyer's Agent and the Broker may now, or in the future, be agents for a Seller who may have a property that the Buyer may wish to acquire. Then the Buyer's Agent and the Broker would be acting as Limited Agents representing both the Buyer and seller at the same time. A Limited Agent has fiduciary duties to both the Buyer and the seller. However, those duties are limited because the agent cannot provide to both parties undivided loyalty, full confidentiality and full disclosure of all information known to the agent. For this reason, the Limited Agent is bound by a further duty of neutrality. Being neutral, the Limited Agent may not disclose to either party information likely to weaken the bargaining position of the other - for example, the highest price the Buyer will offer, or the lowest price the seller will accept. THE BUYER IS ADVISED THAT NEITHER THE BUYER NOR THE SELLER IS REQUIRED TO ACCEPT A LIMITED AGENCY SITUATION IN THE COMPANY, AND EACH PARTY IS ENTITLED TO BE REPRESENTED BY ITS OWN AGENT. If Limited Agency is agreed to below; (a) The Buyer authorizes the Buyer’s Agent and the Broker to represent both the Buyer and the Seller as Limited Agents when the Buyer’s Agent and the Broker also represent the Seller of the Property the Buyer desires to acquire; (b) The Buyer further agrees that when another agent in the Company represents the Seller, that agent will exclusive ly represent the Seller, the Buyer’s Agent will exclusive ly represent the Buyer , and the Broker will act as Limited Broker. IN EITHER EVENT, IF LIMITED AGENCY IS AGREED TO BELOW, THE BUYER AND THE SELLER WILL BE REQUIRED TO SIGN A SEPARATE LIMITED AGENCY CONSENT AGREEMENT AT THE TIME THE LIMITED AGENCY SITUATION ARISES. INITIAL APPLICABLE BOX: ________ [ ] I AGREE TO LIMITED AGENCY; OR ________ [ ] I DO NOT AGREE TO LIMITED AGENCY If initialed above, the Buyer further agrees that when another agent in the Company represents the Seller, that agent will exclusively represent the Seller, the Buyer 's Agent will exclusively represent the Buyer , and the Broker will act as Limited Agent. In either event, if initialed above, the Buyer and the Seller will be asked to sign a separate Limited Agency Consent Agreement at the time the limited agency situation arises. 6. Professional Advice The Company and the Buyer’s Agent are trained in the marketing of real estate. Neither the Company nor the Buyer’s Agent are trained or licensed to provide the Buyer with professional advice regarding the physical condition of any property or regarding legal or tax matters. BUYER IS ADVISED NOT TO RELY ON THE COMPANY , OR ON ANY AGENTS OF THE COMPANY , FOR A DETERMINATION REGARDING THE PHYSICAL OR LEGAL CONDITION OF THE PROPERTY, including, but not limited to: past or present compliance with zoning and building code requirements; the condition of any appliances; the condition of heating/cooling, plumbing, and electrical fixtures and equipment; sewer problems; moisture or other problems in the roof or foundation; the availability and location of utilities; the location of property lines; and the exact square footage or acreage of the property. AS PART OF ANY WRITTEN OFFER TO PURCHASE A PROPERTY, THE COMPANY STRONGLY RECOMMENDS THAT THE BUYER ENGAGE THE SERVICES OF APPROPRIATE PROFESSIONALS TO CONDUCT INSPECTIONS, INVESTIGATIONS, TESTS, SURVEYS, AND OTHER EVALUATIONS OF THE PROPERTY AT THE BUYER 'S EXPENSE. IF THE BUYER FAILS TO DO SO, THE BUYER IS ACTING CONTRARY TO THE ADVICE OF THE COMPANY . 7. Dispute Resolution 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. 8. Buyer Authorizations Buyer authorizes the Company and/or Buyer’s Agent to disclose after closing to each Multiple Listing Service (MLS) in which the Company participates (consistent with the requirements of each such MLS), the final terms and sales price of the property acquired by Buyer under the terms of this Agreement. Buyer also authorizes the Company and/or Buyer’s Agent to communicate with Buyer for the purpose of soliciting real estate related goods and services during and after the term of this Buyer- Broker Agreement, at the following numbers: Home_____________ Work_____________ Cell _____________ Fax _____________ and/or E-mail) _____________. In any transaction for the acquisition of a property, Buyer agrees that the Earnest Money Deposit may be placed in an interest-bearing trust account with interest paid to the _________________________ (Name of Organization or person) . 9. Equal Housing Opportunity The Buyer and the Company will comply with Federal, State, and local fair housing laws. 10. Faxes Facsimile (fax) transmission of a signed copy of this Non-Exclusive Buyer-Broker Agreement, and retransmission of a signed fax, shall be the same as delivery of an original. If this transaction involves multiple Buyer s, this Non-Exclusive Buyer - Broker Agreement may be executed in counterparts. 11. Entire Agreement This Non-Exclusive Buyer-Broker Agreement contains the entire agreement between the parties relating to the subject matter of this Non-Exclusive Buyer - Broker Agreement. This Non- Exclusive Buyer - Broker Agreement shall not be modified or amended except in writing signed by the parties hereto. WITNESS our signatures as of the day and date first above stated. _________________________________ (Name of Broker) By: ______________________________ _____________________________ (P rinted or typed name) _____________________________ (Name and Signature of Buyer) ____________________________________ ____________________________________ (Name and Office in Corporation)