|
The
undersigned Owner(s),in
consideration of the mutual covenants contained herein, does
hereby grant BROKER ,the
exclusive right to sell the property known as:
for a
term commencing Year
and ending 11:59 p.m.,
Year
,.
OWNER
WARRANTS THAT THERE ARE NO OTHER LISTINGS OF ANY KIND IN EFFECT
ON THIS PROPERTY AT THIS TIME.
Broker's
Authority: Broker is hereby authorized to advertise the subject
property and promote its sale with the exercise
of reasonable
effort. In that connection, Broker, Broker's prospective
purchasers, and real estate licensees cooperating
in the sale of
the subject property, as subagents of Broker and as agents of
prospective purchasers, are hereby authorized
to enter upon the
premises, or any part thereof, at all reasonable times. broker
is hereby authorized to do all things
reasonably necessary to
effect the purposes of this agreement.
Owner's
Obligations: It is understood that Owner has supplied Broker
with information relevant to the sale of the
subject property
and that an Information Form has been executed by Owner on this
date. It is further understood
that the information supplied
Broker shall be transmitted to other Brokers and the
public-at-large to facilitate the
sale of the subject property.
If any of such information is false, whether known to be such by
Owner or not, Broker
may be subject to claims for the
transmittal of such false information. It is expressly agreed
that Owner shall
indemnify and hold Broker and Broker's
subagents and employees harmless from any claims which arise,
directly
or indirectly from any misstatement on the Information
Form mentioned above. It is further expressly understood
and
agreed that Owner has notified Broker of all matters relevant to
the condition of the subject property or its
sale. In
particular, but not so as to limit the foregoing, Owner has
notified Broker of all structural, electrical,
heating/cooling,
plumbing/sewage disposal, and all other mechanical defects in
the subject real property of which
Owner is aware, as well as
any violation of law relating to the subject property, or
restrictions on the transferability
of title of which Owner is
aware. If Owner shall become aware of defects in the condition
of the property, or the
falsity of any of the facts set forth on
the Information Form, subsequent to the execution of this
agreement,
Owner shall immediately notify Broker of same. PRIOR
TO THE CLOSE OF ESCROW, OWNER WILL COMPLY WITH
THE REGULATIONS
OF THE OREGON FIRE MARSHAL RESPECTING THE INSTALLATION OF SMOKE
DETECTORS.
Commission:
Owner and Broker have agreed upon a commission of % of the
gross sales price if Owner shall
enter into a written or verbal
agreement to sell, exchange, gift, or otherwise transfer or
convey legal or equitable
ownership of the subject real property
during the term of this agreement, or within 45 days of the
termination of
this agreement in the event that the agreement is
made with a person, persons, or corporation who first made
contact
with Owner, concerning the subject real property, during
the term of this agreement; provided, however, the Owner
shall
in no event be liable for two commissions and the foregoing
shall not apply in the event that Owner has a pending
listing
with another Broker. Commission shall be paid in cash upon the
close of escrow. Broker shall be entitled to
share the
commission with an agent of the purchaser.
Following
the execution of an earnest money agreement, Owner shall fully
cooperate in consummating the transaction
and shall execute all
documents, which Owner deems acceptable in form, as they are
presented for signature. If the
sale transaction is not
consummated on the date agreed upon in the earnest money
agreement due to Owner's breach
of the provisions of this
paragraph, Owner shall owe Broker a commission as though the
sale was consummated and
said commission shall be payable on the
date which was set for the closing of the transaction. This
contract is irrevocable
without the concurrence of Broker. In
cam Owner withdraws the authority hereby given prior to
expiration date,
without concurrence of the Broker, Owner agrees
to pay Broker the said commission just the same as if the sale
had
actually been consummated by the Broker. If Broker presents
Owner with an executed offer within the term of this
agreement,
or any extension agreed to by the parties, which conforms to the
price and terms set forth on the
Information Form, and Owner
neglects or refuses to execute same before it is revoked,
Broker's commission shall
be immediately due and payable as
though the offer was accepted by Owner and the sale consummated.
Attorney
Fees: In the event that suit or action is instituted respecting
any of the terms or provisions of this agreement, or
for the
rescission of same, the prevailing party shall be entitled to
any award of reasonable attorney fees incurred at trial
and on
appeal. Successors
Interests: This agreement is binding upon the parties hereto and
their successors and assigns.
I HEREBY AUTHORIZE:
LOCKBOX
- YES NO
-
Yard
SIGNS -YES
-
NO -
In the
event of a forfeiture of the earnest money and any additional
earnest money, the forfeited earnest money,
after payment of
expenses incurred, shall be disbursed
50 % to Owner, and
50 % to Broker to the
extent of
Broker's total commission. (Owner's initials )
THIS IS
A LEGALLY BINDING CONTRACT AND IF OWNER DOES NOT UNDERSTAND ANY
OF THE TERMS OR PROVISIONS
SET FORTH ABOVE, OWNER IS ADVISED TO
SEEK COMPETENT LEGAL ADVICE. OWNER IS ALSO ENCOURAGED TO
SEEK
COMPETENT TAX ADVICE IF OWNER HAS ANY QUESTIONS OF TAX
LIABILITY.
IN
WITNESS WHEREOF, we have executed this agreement on the date of ,Year
Owner's
Digital Signature:
Owner's
Digital Signature:
Broker
Representative & Office
|