Property Sale Retainer Agreement

PROPERTY SALE RETAINER AGREEMENT

Parties and Property

This Property Sale Retainer Agreement (the Agreement) is entered into by and between:

Engagement; Scope of Services

Representative is retained to perform professional services in connection with the marketing, negotiation, and sale of the Property identified above, which may include: marketing and listing the Property, advising Client on offers, negotiating terms, preparing or reviewing sale contracts, coordinating inspections and disclosures, coordinating closing, and such other services as the parties may agree in writing (the Services). Representative shall act as an agent or counsel as separately indicated and shall perform the Services in accordance with applicable law and professional standards.

Retainer Fee; Billing and Expenses

Client agrees to pay Representative a non-refundable retainer in the amount of , due upon execution of this Agreement. The retainer shall be applied against fees and costs as set forth below.

Client shall also reimburse Representative for reasonable out-of-pocket expenses incurred in performing the Services, including title reports, courier fees, filings, and other third-party costs. Representative will provide periodic invoices showing fees, expenses, credits of the retainer, and the balance due. Payment is due within days of invoice.

Commission; Success Fee

In the event of a sale of the Property during the term of this Agreement, Client agrees to pay Representative a success fee or commission equal to % of the gross sales price, or a flat fee of , as applicable. Commission shall be earned upon the closing of escrow or transfer of title and is payable from sale proceeds at closing unless otherwise agreed in writing.

Trust Accounting and Handling of Funds

Any deposits, earnest money, or client funds received by Representative in connection with the sale shall be deposited into Representative's trust account and held in accordance with applicable fiduciary rules. Representative shall not disburse funds except as authorized by Client or by operation of a sale contract and closing instructions.

Client Representations and Disclosures

Client represents that the information provided to Representative regarding ownership, liens, encumbrances, and material facts affecting the Property is complete and truthful. Client agrees to provide all required disclosures and to notify Representative promptly of any material change.

Lead-based paint present: Yes No

Mold or water intrusion known: Yes No

Prior material damage or structural repairs: Yes No

Term; Termination

This Agreement shall commence on the Effective Date and shall continue until completion of the Services or earlier termination as provided herein. Either party may terminate this Agreement upon written notice to the other party. If Representative is terminated without cause, Representative shall be entitled to fees for Services performed and costs incurred through the date of termination and any non-refunded portion of the retainer.

Effective Date:

Default; Remedies

A material breach by either party shall entitle the non-breaching party to pursue all available remedies at law or in equity. In the event of a dispute regarding fees or interpretation of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

Confidentiality

Representative shall maintain the confidentiality of Client's non-public information in accordance with professional obligations, except as necessary to perform the Services or as required by law. Client authorizes disclosure of information to escrow, title, cooperating brokers, and other parties as reasonably necessary to effectuate a sale.

Limitation of Liability; Indemnity

Representative's liability for any claim arising from this Agreement shall be limited to direct damages not exceeding the total fees actually paid to Representative under this Agreement, except where prohibited by law. Client agrees to indemnify and hold Representative harmless from claims arising out of Client's breach of representations, failure to disclose material facts, or actions contrary to Representative's advice.

Notices; Governing Law; Entire Agreement

All notices under this Agreement shall be in writing and delivered to the addresses listed above. 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 or contemporaneous agreements, whether written or oral.

Acknowledgment

By signing below, Client acknowledges that Client has read and understands this Agreement, has had an opportunity to ask questions, and agrees to be bound by its terms. Representative confirms authority to provide the Services described herein and to bill as stated.

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