Real Estate Buyers Broker Agreement

REAL ESTATE BUYER'S BROKER AGREEMENT

Parties and Effective Date

Buyer Name:

Broker (Agency) Name:

Effective Date:

Property Identification

Appointment, Term, and Exclusivity

Buyer appoints Broker to act as Buyer's exclusive agent for acquisition of real property described above for a term commencing on and ending on unless earlier terminated in accordance with this Agreement.

Exclusivity: Exclusive representation granted to Broker    Non-exclusive engagement

Compensation and Expenses

Commission Rate (if percentage): %    Flat Fee (if applicable): $

Minimum Commission: $

Source of Commission Payment: Seller Buyer Other:

Commission shall be earned and due at the earlier of closing, acceptance of an offer procured by Broker, or as otherwise set forth:

Retainer/Advance Fee (if any): $ Refundable: Yes   No

Broker Duties and Authority

Broker agrees to use reasonable professional efforts to locate and present properties meeting Buyer's criteria, to advise Buyer concerning terms and negotiation, to prepare and present offers and counteroffers, and to coordinate inspections and closing logistics. Broker is authorized to act as Buyer's agent for purposes set forth in this Agreement and to obtain information reasonably necessary to perform its duties.

Property showings    Offer preparation and negotiation    Inspection and contingency coordination

Buyer Obligations

Buyer shall act in good faith, provide accurate financial information reasonably requested by Broker, make timely decisions, and notify Broker of any contact with sellers or other brokers regarding properties under consideration. Buyer shall promptly provide proof of funds or pre-approval when requested.

Agency Disclosure and Conflicts

Buyer acknowledges receipt of any required agency disclosure and understands that Broker may cooperate with other brokers and may represent multiple buyers. Dual agency/limited agency may occur only with Buyer’s informed written consent.

Dual Agency Consent: Yes    No

Disclosures and Acknowledgements

Lead-Based Paint (if applicable) Disclosure Received: Yes    No    Not Applicable

Buyer acknowledges that Broker makes no warranty as to the physical condition of any property and that inspections and investigations are Buyer's responsibility.

Termination; Default; Remedies

This Agreement may be terminated by mutual written consent or by either party upon days' written notice, except when obligations have already arisen under a pending purchase contract. If Buyer breaches this Agreement, Broker shall be entitled to pursue available remedies including recovery of incurred expenses and, if applicable, commission as specified herein.

If Broker procures a ready, willing and able seller and contract for the purchase of property during the term of this Agreement, Buyer remains obligated to pay the agreed compensation irrespective of subsequent termination, unless otherwise agreed in writing.

Indemnification; Liability Limitation

Buyer shall indemnify, defend, and hold Broker harmless from claims, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from Buyer's breach of this Agreement or Buyer's negligence. Broker's liability for any claim arising out of this Agreement shall be limited to direct damages and shall not exceed the total compensation paid or payable to Broker under this Agreement, except for willful misconduct or fraud.

Dispute Resolution; Governing Law

The parties agree to negotiate in good faith to resolve disputes. If unresolved, disputes shall be submitted to mediation followed by binding arbitration if mediation fails, unless parties agree otherwise in writing. This Agreement shall be governed by the laws of the state where the Property is located.

General Provisions

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, understandings, and representations. Any amendment or modification must be in writing and signed by both parties.

Notices shall be in writing and delivered to the contact information provided in this Agreement. The invalidity of any provision shall not affect the remaining provisions.

Acknowledgment and Certification

By signing below, Buyer certifies that Buyer has read and understands this Agreement, has had the opportunity to ask questions, and authorizes Broker to act as Buyer's agent under the terms herein.

Sign Now