Real Estate Customer Agreement Confirmation

REAL ESTATE CUSTOMER AGREEMENT CONFIRMATION

Parties and Contact Information

Client Name:

Brokerage Name:

Agent Name:   License Number:

Property Identification

Agreement Confirmation

This Customer Agreement Confirmation (the "Confirmation") is entered into by and between the Client identified above and the Brokerage identified above. The Client hereby confirms engagement of the Brokerage to provide real estate services for the Property identified herein. Effective Date: .

Term: This Confirmation shall remain in effect until the earlier of closing of a transaction for the Property, termination by mutual written agreement, or .

Scope of Representation and Services

Type of Representation (check all that apply):

Buyer Agency    Seller / Listing Agency    Rental/Leasing Assistance

Dual Agency: Dual agency may be possible where permitted by law. Client consents to dual agency only if Client selects the consent box: Consent to dual agency.

Services to be provided include property marketing (if listing), buyer representation, negotiation of offers, coordination of inspections and repairs, advising on financing options, and facilitation of closing. Specific additional services:

Compensation and Financial Terms

Commission Arrangement: Commission rate payable to Brokerage upon closing is % of the gross purchase price, unless otherwise agreed in writing.

Alternative Fee (if applicable): Flat fee $ .

Payment Responsibility: Commission is customarily paid by the seller at closing and disbursed through escrow; Client acknowledges responsibility for any commission or fee expressly agreed to be paid by Client, including any fee if the transaction closes after termination in circumstances described below.

Earnest Money / Deposit Instructions (if applicable): Amount $ , to be delivered to by .

Inspections, Contingencies and Timelines

Client acknowledges the importance of timely action. Inspection period (if applicable): days from acceptance of offer to complete inspections and deliver any notice of defects.

Financing contingency: Applicable    If checked, financing contingency deadline:

Disclosures and Acknowledgments

Client acknowledges receipt of the following disclosures and confirms truthfulness of representations below:

Lead-based Paint (for properties built before 1978): Yes    No

Known Mold or Water Damage: Yes    No

Prior Material Structural Damage, Fire, or Hazardous Conditions: Yes    No

Client acknowledges that Brokerage may list the Property in regional listing services and employ marketing methods including photographs and virtual tours unless Client indicates objection: Client objects to marketing: .

Confidentiality: Brokerage will maintain confidentiality of Client information to the extent required by law. Client authorizes Brokerage to disclose material facts affecting the Property and to share transaction terms with cooperating brokers and parties to the transaction as necessary to carry out the services herein.

Defaults, Termination and Remedies

Termination: This Confirmation may be terminated by mutual written agreement or by either party upon days' written notice, except that obligations regarding transactions in process and commissions on transactions procured by Brokerage as set forth below shall survive termination.

Procuring Cause and Post-Termination Commission: If, within days after termination, the Property is sold or leased to a party introduced to the Property by Brokerage during the term of this Confirmation, Client agrees Brokerage is entitled to the agreed commission unless the parties otherwise agree in writing.

Remedies: The parties agree that monetary damages may be inadequate and that equitable relief, including injunctive relief and specific performance, may be sought in addition to any other remedies available at law or in equity.

Indemnification; Governing Law; Entire Agreement

Indemnification: Client agrees to indemnify and hold Brokerage harmless from claims, liabilities, losses or expenses arising from Client's misrepresentations, failure to disclose material facts, or breach of this Confirmation, except to the extent caused by Brokerage's gross negligence or willful misconduct.

Governing Law: This Confirmation shall be governed by and construed in accordance with the laws of the state in which the Property is located, without regard to conflict of law principles.

Entire Agreement: This Confirmation, together with any written addenda signed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, discussions and agreements, whether written or oral.

Certifications and Client Acknowledgment

By signing below, Client certifies that all information provided to Brokerage is true and complete to the best of Client's knowledge, that Client has read and understands the terms of this Confirmation, and that Client has received any disclosures required by law. Client further acknowledges receipt of a copy of this Confirmation.

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