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Real Estate Broker Agreement

AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Owner", and [Name] of [Address], hereinafter referred to as "Broker", do hereby agree as follows:

Whereas, the Owner is the owner of real estate property with a post office address of [Address] of the "Property".

Whereas, the Owner desires to employ the Broker for, and the Broker is willing to act for the Owner in, selling the Property. Now therefore, in consideration of the mutual covenants and promises contained herein, it is agreed as follows:

(a) The Owner shall employ the Broker as his exclusive agent to sell the Property for [$------] and upon the other terms and conditions contained herein.

(b) The Broker accepts the appointment and shall use his best efforts to procure a ready, willing and able buyer of the Property in accordance with the terms of this Agreement.

(c) The Owner shall refer all prospective purchasers of the Property to the Broker.

The Owner shall pay the Broker a fee of [--%] percentage of the purchase price accepted by the Owner if

(a) the Broker procures a buyer ready, willing and able to purchase the Property upon the terms contained in this Agreement or upon other terms acceptable to the Owner; or

(b) If the Property is purchased by anyone who was introduced to the Property by the Broker during the time of this Agreement, or any extension thereof, is in full force and effect; or

(c) during the term of this Agreement, the Property is sold.

No modification of this Agreement will be effective unless it is in writing and is signed by both parties.

This Agreement binds and benefits both parties and any successors. This document,

Arbitration. Any disputes pertaining to 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 Agreementual 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.

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 including any attachments is the entire agreement between 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.

No Assignment. Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.

Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.

Applicable Law. This Agreement shall be governed by the laws of the State of [State].

Time of The Essence. Time is the essence of this agreement.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].


[Name], the Owner


[Name], the Broker

Witnessed by:

This Section for Notary:


STATE OF -------)

) ss: [date]

COUNTY OF ------)

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.


[Name of Notary Public]

My commission expires: [date]