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Brokerage Agreement Non Exclusive
[Name], referred to as Owner, in consideration for the services performed to date and to be performed, herewith appoints [NAME], referred to as Broker, as the non-exclusive agent for the sale of the following described business, on the terms and conditions set forth below:
Broker agrees to diligently seek to find a buyer for the property. This listing shall expire (--) days after commencement.
The minimum selling price of the property shall be:
Upon the following terms:
Broker shall require all prospects receiving disclosures concerning the business to execute a non-disclosure and confidentiality agreement.
Without the prior permission of Owner, Broker may not advertise the business for sale in a fashion so that its directly revealed, except to qualified prospects.
Owner agrees to pay a commission as set forth below of the based on the sales price, if (1) Broker procures a buyer who is ready, willing and able to purchase the premises upon the terms stated above; or (2) Broker procures a buyer to whom Owner in fact sells or trades the property. A commission as provided shall be due if Broker procures a buyer that purchases the property on other terms acceptable to the Owner.
[--%] of the first $------ (dollars) and [--%] on the balance
If the property is sold or otherwise conveyed to a prospect first submitted by Broker within 4 months of the expiration of the listing period, the commission provided for herein shall be due and payable.
Should a purchaser procured by Broker default, and if any deposit, escrow or earnest money is forfeited or received by Owner, Owner shall pay fifty percent (50%) of the same to the Broker as compensation, but in no event an amount in excess of the commission earned on the transaction had it closed.
Owner represents and warrants that it has disclosed all defects in the business to the Broker and Broker acknowledges an opportunity to fully inspect the premises.
Amendment. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
Arbitration. Any disputes pertaining to the the said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver Of Contractual Right. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.
Interpretation. This Agreement will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Agreement. The headings, captions, and titles in this legal Agreement are merely for reference and do not define, limit, extend, or describe the scope of this Agreement or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Agreement includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
Advice Of Legal Counsel. Each individual party to this Agreement represents and warrants to each other party that such party has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel.
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Agreement will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Agreement, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.
Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
Applicable Law. This Agreement shall be governed by the laws of the State of _____.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at _________ (City), ________ (State).
*** If Required By State Law ***
This Section for Notary:
State of _________
County of ________ [COUNTY]
On [DATE] before me, [NAME OF NOTARY], notary, personally appeared [NAME OF PERSON(S) INVOLVED], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
My commission expires: _____