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97a Garden Street, Cambridge MA 02138 (617) 661-4046 Exclusive Buyer Agency Contract By mutual agreement, the prospective Client: ______________________________________________________________________________ (hereinafter called the "Client") enters into this contract with The Real Estate Café (hereinafter called "TREC"), and authorizes them to act as their EXCLUSIVE AGENT, to purchase a desired property. I. TERMS OF AGREEMENT A. Broker Duties
B. Client Duties
II. EXCLUSIVITY The Client and TREC shall work together to acquire the desired property. This agreement is mutually binding and shall exclude all other licensed real estate agents. However, when appropriate, TREC may add the services of other real estate professionals to the home buying team by mutual consent. TREC encourages and supports any Client efforts to buy properties directly from sellers, i.e., For Sale By Owner (FSBO) properties.
III. COMPENSATION A. Authorization to request compensation The Client shall authorize TREC to request payment of the buyer agent fee (typically 2 - 3.5% of sale price) in the purchase price negotiated with the seller. TREC shall insert the appropriate contingencies into the Client’s offer to insure that TREC shall receive its compensation out of the proceeds of the real estate transaction. The Payment Option section of the Contract chosen by the Client shall determine the fee amount. Each Payment Option entitles Client to varying degrees of access to TREC’s professional services as described below and in any attached scope of work. B. Payment Options The Client must choose one of the following payment option plans: SEE ADDENDUM: NEW BUYER AGENCY FEES EFFECTIVE MARCH 1, 2007 Payment Option Chosen: _________ Client Initials: _________ C. Residual Contract Time Based on Property Purchased Occasionally, a Client will attempt to avoid compensating TREC and/or its Agents by purchasing or acquiring an interest in properties after their contractual relationship with TREC expires. To protect itself against this practice, the Client agrees to pay TREC the appropriate fee as determined by the Option chosen above, if: 1. The Client or Client’s nominee and/or agent acquires the property, rights to the property or any other legal interest in that property, within 60 days after this contract with TREC expires, and; 2. The Client received information about that property from TREC, its Agents, Venture Partners, or from others associated, in any way, with TREC. D. Client default If the Client is able to purchase a property and has signed a Purchase and Sales Agreement and chooses not to, even though all terms of the purchase contract have been satisfied, the Client will be required to pay TREC the agreed upon fee. IV. TERMINATION RIGHTS The Client or TREC may terminate this agreement in writing at any time up to 10 days from the date of the signing this contract for any reason. If the agreement is terminated during this period, all retainers shall be refunded to the Client. After the 10th day, either party may terminate the agreement in writing at any time during the balance of the contract for any reason, but Client shall not receive a return of any retainers. V. SERVICE LIMITATIONS TREC services shall not include Commercial/Industrial Developments as these require new terms of service and fee schedules.
Except for clearly foreseeable and negligent acts by TREC, and its Agents, or the failure of TREC or its Agents to meet its duties detailed in Section 1, A of this agreement, the Client agrees to hold TREC harmless for injuries suffered, monetary or otherwise, from the purchase of real property using TREC’s real estate purchasing services.
The Client and TREC understand that this is legally binding agreement. For the Clients convenience and peace of mind, TREC urges Client to review this document with their attorney. VIII. TERM OF CONTRACT The term of this agreement shall commence on _________ and terminate on ___________. Signatures __________________________ __________________________ Client Date __________________________ TREC Buyer Agent __________________________ __________________________ Date __________________________
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