Sample Exclusive Buyer Agency Agreement
As a buyer, you have the right to seek the services of a real estate agent who will represent your interests exclusively. Real estate agents who work under an exclusive buyer agency agreement will focus on finding you the perfect property and negotiate on your behalf.
Here’s a sample exclusive buyer agency agreement to guide you in creating your own.
1. Representation: The real estate agent agrees to represent the buyer exclusively and to work solely on the buyer`s behalf.
2. Duties and Obligations: The agent`s duties will include locating properties that meet the buyer`s criteria, scheduling showings, and negotiating with the seller or the seller`s agent on the buyer`s behalf.
3. Commission: The commission fee will be paid by the seller unless there is a separate agreement between the parties. This fee will be set out in writing in the agreement.
4. Termination of Agreement: Either party may terminate this agreement if the other party breaches the terms of the agreement or by mutual consent.
5. Non-Exclusive Agreement: The buyer has the right to work with other agents during the term of this agreement. However, if the buyer enters into a contract to purchase a property, the commission will be paid to an agent whose efforts substantially contributed to the sale.
6. Confidentiality: The real estate agent will maintain the confidentiality of all information learned during the course of the representation.
7. Indemnification: The buyer will indemnify the real estate agent for any claims arising from the buyer`s breach of this agreement.
8. Miscellaneous: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements. This agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns.
When entering an exclusive buyer agency agreement, it’s important to read the terms and conditions carefully so that you understand your obligations and those of your agent. Consult with a real estate attorney or experienced real estate agent before signing the agreement.