Real Estate Brokerage Agreement

REAL ESTATE BROKERAGE AGREEMENT

This Real Estate Brokerage Agreement (the Agreement) is made and entered into as of by and between Broker Name: , License No.: , Principal Address: (Broker), and Client Name: , Client Address: (Client). Broker and Client are each a Party and collectively the Parties.

RECITALS

WHEREAS, Broker is duly licensed to provide real estate brokerage services within the jurisdiction specified below and possesses experience and resources to market, negotiate and facilitate the sale or lease of real property; and

WHEREAS, Client is the owner or authorized representative of the Property described below and desires to engage Broker to act as Client's exclusive or non-exclusive agent for the marketing and disposition of the Property on the terms and conditions set forth herein; and

WHEREAS, Broker is willing to provide such brokerage services subject to the terms, covenants and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

1. APPOINTMENT AND SCOPE OF SERVICES

1.1 Appointment. Client hereby appoints Broker, and Broker accepts such appointment, to act as Client's real estate broker with respect to the property described as:

1.2 Scope of Services. Broker shall perform customary brokerage services, including marketing the Property, advising on pricing, qualifying prospective purchasers or lessees, coordinating showings, receiving offers, negotiating terms on Client's behalf, and assisting with closing procedures. Broker shall use commercially reasonable efforts to identify and procure prospective buyers or tenants and shall keep Client reasonably informed of material developments.

1.3 Exclusivity. Select one: Exclusive Right to Sell Exclusive Agency Open Listing The Parties acknowledge that selection of the Exclusive Right to Sell entitles Broker to the Commission described in Section 5 if the Property is sold or leased during the Term to any party.

2. TERM

2.1 Term. The Agreement shall commence on and shall continue until (the Term), unless earlier terminated pursuant to Section 10.

3. BROKER DUTIES

3.1 Standards of Performance. Broker shall perform services in a commercially reasonable manner, consistent with industry standards and applicable law. Broker shall promptly present all offers to Client and shall follow Client's lawful directions concerning acceptance, rejection or counteroffer.

3.2 Subagents and Cooperation. Broker may engage subagents, co-brokers or cooperating brokers and may authorize them to act on Broker's behalf. Broker shall remain responsible for compliance with this Agreement by any such authorized party.

4. CLIENT DUTIES

4.1 Cooperation. Client shall provide Broker with complete and accurate information regarding the Property, including all material facts, existing leases, encumbrances, defects and legal descriptions. Client authorizes Broker to install signage, advertise the Property, schedule showings and disclose to prospective purchasers information customary in a sale or lease transaction unless expressly prohibited below.

5. COMMISSION

5.1 Commission Rate. Client agrees to pay Broker a commission equal to % of the gross sale price (Commission) or, for leases, a fee equal to months' rent, unless otherwise agreed in writing.

5.2 Earning and Payment. Commission shall be earned when: (a) a binding contract for the sale or lease of the Property is executed by the Parties; or (b) a ready, willing and able buyer or tenant procures contract terms acceptable to Client during the Term. Commission shall be paid at closing from sale proceeds or within five (5) business days of lease execution by wire transfer to Broker, unless the Parties agree otherwise in writing. If the transaction fails to close due to Client's breach, Commission shall nonetheless be due and collectible.

5.3 Commission Split and Cooperation. If a cooperating broker procures a purchaser or tenant, Broker may divide the Commission as agreed with such cooperating broker. Client shall not be responsible for any compensation to a cooperating broker except as included in the Commission set forth herein.

6. DUAL AGENCY AND CONFLICTS

6.1 Disclosure. Broker may act as agent for both Client and a purchaser or tenant (dual agency) only with Client's informed written consent. Client acknowledges receipt of any required disclosures and provides consent to dual agency as indicated below.

Client consents to dual agency Client does not consent to dual agency

7. CONFIDENTIALITY

7.1 Confidential Information. During the Term and for two (2) years thereafter, Broker and Client shall each maintain in confidence all non-public information obtained from the other Party that is marked or reasonably understood to be confidential, including pricing strategies, financial statements, and negotiations, except as required by law or as necessary to perform the duties under this Agreement.

8. REPRESENTATIONS AND WARRANTIES

8.1 Client Representations. Client represents and warrants that: (a) Client is the lawful owner or authorized representative of the Property; (b) Client has full power and authority to enter into this Agreement and to consummate transactions contemplated hereby; and (c) all material information provided to Broker concerning the Property is true and complete to Client's knowledge.

8.2 Broker Representations. Broker represents and warrants that Broker is duly licensed, will perform services in accordance with applicable law, and will use good faith efforts to procure qualified buyers or tenants.

9. INDEMNIFICATION

9.1 Indemnity by Client. Client shall indemnify, defend and hold Broker and its agents harmless from and against any losses, liabilities, claims, damages, costs and expenses (including reasonable attorneys' fees) arising out of Client's breach of its representations, warranties or covenants, or from undisclosed defects or encumbrances affecting the Property, except to the extent caused by Broker's gross negligence or willful misconduct.

9.2 Indemnity by Broker. Broker shall indemnify Client for losses resulting from Broker's gross negligence or willful misconduct in performing Brokerage services under this Agreement.

10. TERMINATION

10.1 Termination for Convenience. Either Party may terminate this Agreement upon written notice to the other Party. Termination shall not relieve Client of liability for Commission earned or otherwise accruing prior to termination.

10.2 Termination for Cause. Either Party may terminate for material breach if the breaching Party fails to cure the breach within fifteen (15) business days after written notice. Remedies for breach include injunctive relief and recovery of damages, including reasonable attorneys' fees, as permitted by law.

11. NOTICES

11.1 Method. All notices and communications required or permitted under this Agreement shall be in writing and delivered by personal delivery, registered or certified mail (return receipt requested), nationally recognized overnight courier, or email with confirmation to the addresses set forth below or such other address as a Party may designate by written notice.

12. MISCELLANEOUS PROVISIONS

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles.

12.2 Entire Agreement. This Agreement, together with any attached exhibits and written addenda executed by the Parties, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

12.3 Amendments. Any amendment or modification of this Agreement must be in writing and signed by both Parties to be effective.

12.4 Waiver. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. A waiver must be in writing and signed by the waiving Party.

12.5 Severability. If any provision of this Agreement is held invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

12.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signature pages delivered by electronic means shall be deemed original signatures.

13. ADDITIONAL TERMS

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