Real Estate Agent Declaration

REAL ESTATE AGENT DECLARATION

This Real Estate Agent Declaration ("Declaration") is made and entered into as of Effective Date: , by and between Agent Name: , License Number: , State of License: , Brokerage Firm: , Brokerage Address: (collectively "Agent"), and Client Name: , Client Address: ("Client").

RECITALS

WHEREAS, Client is the owner or authorized representative of property commonly described as: (the "Property"); and

WHEREAS, Client desires to engage Agent to provide real estate brokerage services in connection with the marketing, negotiation, and sale or lease of the Property, and Agent represents that Agent is duly licensed, authorized, and qualified to provide such services under applicable law; and

WHEREAS, the parties wish to set forth certain declarations, disclosures and acknowledgments that will govern their relationship and the Agent's authority, duties and liabilities.

NOW, THEREFORE, in consideration of the mutual covenants contained herein 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 Declaration, the following definitions apply: "Agent" means the individual and brokerage identified above; "Client" means the person or entity identified above; "Confidential Information" means non-public information obtained by Agent from Client in connection with the Agent's engagement, including pricing strategy, financial qualifications, and non-public property condition information.

2. APPOINTMENT; SCOPE OF AUTHORITY

Client hereby appoints Agent, and Agent accepts such appointment, to act as Client's real estate agent with respect to the Property. Agent's authority is limited to performing brokerage services customary in the sale or lease of real property, including marketing, showing, negotiating terms and procuring potential buyers or lessees, subject to express limitations set forth in this Declaration or in any separate written listing or buyer agreement.

Single Agent Dual Agent (if permitted) Transaction Broker

3. AGENT REPRESENTATIONS AND WARRANTIES

Agent represents and warrants to Client that: (a) Agent is duly licensed in the jurisdiction where the Property is located and will maintain such license for the duration of this engagement; (b) Agent will comply with all applicable federal, state and local laws, regulations and professional standards; and (c) Agent will disclose to Client any material relationship, compensation arrangement, or interest that could reasonably be expected to affect Agent's duties or the transaction.

4. CLIENT REPRESENTATIONS

Client represents that Client has authority to engage Agent with respect to the Property, that Client will cooperate with Agent in the performance of Agent's duties, and that all information provided to Agent concerning ownership and condition of the Property is true and complete to Client's knowledge.

5. DUTIES, STANDARD OF CARE, AND CONFIDENTIALITY

Agent shall exercise reasonable skill, care and diligence in performing services and shall use commercially reasonable efforts to market and promote the Property. Agent shall keep Confidential Information confidential and not disclose same to third parties except as necessary to perform services, as required by law, or pursuant to Client's prior written consent.

6. CONFLICTS OF INTEREST; DUAL AGENCY

Agent shall promptly disclose to Client any actual or potential conflicts of interest, including relationships with prospective purchasers, lessees, or other parties. If Agent proposes to act as a dual agent, Agent shall obtain Client's informed written consent in a separate document prior to undertaking duties that would create conflicting loyalties.

Client consents to potential dual agency under the terms disclosed above

7. COMPENSATION AND COMMISSION

Client acknowledges and agrees that Agent's compensation, if any, shall be set forth in a separate written fee, listing or buyer agreement. Absent a separate agreement, the parties acknowledge that a commission equal to or a fee of shall be due and payable as provided in the controlling agreement. Commission arrangements disclosed to Agent by third parties shall be disclosed to Client when known.

8. DISCLOSURE OF MATERIAL FACTS

Agent shall disclose to Client all material information known to Agent that is reasonably related to the transaction, including known defects in the Property, pending litigation affecting title, zoning or use restrictions, and any other fact that would materially affect Client's decisions with respect to marketing or accepting offers.

9. INDEMNIFICATION

Each party agrees to indemnify, defend and hold harmless the other party from and against any claims, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) arising from that party's breach of this Declaration, negligence, willful misconduct, or violation of law in connection with the performance of this Declaration.

10. TERM AND TERMINATION

This Declaration shall commence on the Effective Date and shall continue until terminated by either party upon written notice to the other party, subject to any obligations that by their nature survive termination (including confidentiality and indemnification). Termination shall not relieve Client of any obligation to pay commissions or fees earned prior to termination pursuant to a separate written agreement.

11. NOTICES

All notices required or permitted under this Declaration must be delivered in writing to the addresses set forth below or such other address as a party may designate in writing. Notices shall be deemed given when personally delivered, sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, postage prepaid.

12. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or modification of this Declaration shall be effective unless in writing and signed by both parties. The failure of either party to enforce any provision of this Declaration shall not constitute a waiver of that provision or any other provision. This Declaration may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

13. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Declaration shall be governed by and construed in accordance with the laws of the state in which the Property is located without regard to choice of law rules. This Declaration, together with any separate written listing, buyer or fee agreement expressly incorporated herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings. If any provision of this Declaration is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. MISCELLANEOUS

The parties acknowledge that they have read this Declaration, understand its terms, and enter into it voluntarily. Headings are for convenience only and shall not affect interpretation. The parties shall cooperate in good faith to execute any further documents necessary to effectuate the purposes of this Declaration.

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