Real Estate Broker Packet

REAL ESTATE BROKER PACKET

Parties and Identification

Broker Name:

Recitals

WHEREAS, Broker is duly licensed to provide brokerage, marketing, negotiation, and transaction coordination services in connection with real property transactions and maintains professional staff and resources necessary to perform such services; and

WHEREAS, Client desires to engage Broker to provide brokerage services for the properties identified in this Packet and to authorize Broker to act on Client's behalf as set forth herein; and

WHEREAS, the parties intend by this Packet to set forth the scope of services, compensation, obligations, and other terms that will govern Broker's relationship with Client for the listed matters.

Scope of Services

Broker will provide the following services in connection with Client's real estate matters. Services may include marketing, property valuation, showings, negotiation, drafting and delivery of offers, coordination of inspections, escrow coordination, and post-closing follow-up. Additional services, if any, will be set forth in writing.

Property Information

Payment Terms

Compensation to Broker shall be as described below. Unless otherwise agreed in writing, compensation is earned upon performance of the services specified and is payable according to the schedule below.

Late Payments: If Client fails to make any payment when due, Client shall pay interest at the rate of on the unpaid balance, plus any collection costs and reasonable attorneys' fees incurred to collect amounts due.

Term and Termination

This Packet becomes effective on and will continue until unless earlier terminated as provided below.

Either party may terminate this Packet for convenience upon written notice to the other party delivered at least days prior to the effective termination date. Termination shall not relieve Client of obligations to pay for services rendered or expenses incurred prior to termination.

Termination for Cause: Either party may terminate for material breach that remains uncured for a period of thirty (30) days after written notice, provided that certain obligations (including indemnity and confidentiality) shall survive termination as set forth below.

Confidentiality

Each party acknowledges that in the course of performance it may receive Confidential Information of the other party. "Confidential Information" means non-public information disclosed by one party to the other that is designated confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Broker shall use Confidential Information solely to perform the services under this Packet and shall not disclose it to any third party except as required to perform services, as required by law, or with Client's prior written consent. Confidentiality obligations shall survive termination for a period of five (5) years.

Representations; Authorization

Client represents and warrants that Client is the authorized party to engage Broker and that Broker's performance will not violate any agreement or law. Client authorizes Broker to: (a) list, market and show properties; (b) obtain and deliver documents and reports reasonably necessary to effectuate transactions; and (c) cooperate with other brokers and agents as appropriate. Client agrees to promptly provide accurate information and to disclose any material facts affecting the properties or transactions.

Dual Agency Disclosure: Broker shall disclose any dual representation and obtain Client's written consent prior to engaging in any transaction in which Broker represents both buyer and seller or has a conflicting interest.

Indemnification and Limitation of Liability

Client shall indemnify, defend and hold Broker harmless from and against any claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of Client's misrepresentations, failure to disclose material facts, or acts or omissions in connection with the transaction, except to the extent such claims result from Broker's gross negligence or willful misconduct. Broker's liability to Client for any claim arising under this Packet shall be limited to direct damages and shall not include consequential, punitive, or incidental damages.

Governing Law; Dispute Resolution

This Packet shall be governed by and construed in accordance with the laws of the State of , without regard to choice-of-law principles. The parties shall attempt in good faith to resolve disputes by negotiation. If unresolved, disputes shall be submitted to mediation and, if still unresolved, resolved by binding arbitration conducted in the governing state pursuant to applicable arbitration rules agreed by the parties.

Records, Compliance and Retention

Broker shall maintain transaction records in accordance with applicable professional standards and legal requirements. Client may request copies of records reasonably necessary to complete or audit a transaction. Broker may retain copies of materials and records and shall retain confidentiality as provided herein.

Insurance

Broker warrants that it maintains commercially reasonable errors and omissions insurance applicable to brokerage services. Client is encouraged to maintain appropriate property and liability insurance for Client's interests.

Entire Agreement; Amendments

This Packet, together with any written exhibits or addenda signed by the parties, constitutes the entire agreement between Broker and Client with respect to the subject matter and supersedes all prior negotiations, understandings and agreements. Any amendment must be in writing and signed by both parties to be effective.

Acknowledgments and Certifications

By signing below, Client authorizes Broker to act as described in this Packet, confirms that Client has provided accurate information, and acknowledges receipt of disclosures required by applicable law. Broker certifies that the Broker has the authority and license to provide the services described.

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