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Real Estate Brokerage Exchange Agreement
(Note: This document establishes an exclusive commission based listing for the exchange of real estate property in lieu of a cash sale.)
AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Broker", and [Name] of [Address], hereinafter referred to as "Seller", do hereby agree as follows:
Seller owns property lot [Number], [Subdivision], described as: [Enumerate]
which Seller desires to exchange for: [Complete Description of property offered for exchange or attach exhibit marked "A"]
Like kind property, with no more than [$------] required to be paid by Seller, and no more than [$------] to be received by Seller.
The transaction procured by Broker shall qualify for a tax free exchange for Seller, subject to the limitations of circumstances described above.
Broker is herewith appointed to act as exclusive agent to negotiate an exchange for a period of [--] days, under the terms and conditions stated above. Should Broker procure an exchange, meeting the criteria stated above Broker shall be entitled to compensation as follows:
A minimum commission of [$------], based of a [--%] pecentage basis.
Amendments of this agreement shall be by mutual consent of the parties only in writing.
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.
Agreement Binding. This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.
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].
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]