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Buyer
Brokerage Agreement
(Georgia
law prohibits a broker from representing a buyer as a client without
first entering into
a written agreement with that buyer.)
For and in consideration of the mutual
promises contained here and other good and valuable consideration
,
Buyer
First Name:
Buyer
Last Name:
E-mail
Address:
as buyer (hereinafter referred to as
Buyer), and RE/MAX Around Atlanta Partners, Inc. and its licensees
(hereinafter collectively referred to as Broker) do hereby enter into
this Agreement, this
day of
, 2008.
1. Exclusive
Brokerage Agreement. Buyer hereby hires Broker to act as
Buyer's exclusive real estate broker to assist Buyer in locating and
negotiating the purchase, exchange, lease or lease-purchase of real
property. Buyer has not entered into a Buyer Brokerage Agreement with
any broker or has terminated any previous Buyer Brokerage Agreement.
The term of this Agreement shall begin on the date specified above
and shall continue for a period of ninety (90) days. Such term shall
be automatically extended for successive thirty (30) day periods unless
written notice to terminate is given by either party. Such term shall
automatically terminate upon the closing of the purchase of any property
by Buyer. Broker or Buyer shall have the right to terminate this Brokerage
Agreement at any time by giving the other party written notice; however,
this shall not limit Broker's remedies under the compensation paragraph.
2. Broker's Duties
To Buyer. Broker's sole duties
to Buyer shall be to: (a) perform the terms of this Agreement; (b)
attempt to locate property suitable for Buyer to purchase, exchange,
lease or lease-purchase; (c) assist to the extent requested by Buyer
in negotiating the terms of and filling out a pre-printed purchase
and sale agreement, lease or lease-purchase agreement; (d) to comply
with all applicable laws in performing its duties hereunder, including
Georgia's Brokerage Relationships in Real Estate Transactions Act.
Properties shall be shown and made available to Buyer without regard
to race, color, religion, sex, handicap, familial status or national
origin.
3. Limits
on Broker's Authority and Responsibility. Buyer acknowledges
and agrees that Broker: (a) may show property in which Buyer is interested
to other prospective buyers; (b) is not an expert with regard to matters
which could have been revealed through a survey, title search or inspection
of the property, the condition of the property, and portion thereof,
or any item therein; building products and construction techniques;
the necessity or cost of any repairs to property; hazardous or toxic
materials; termites and other wood destroying organisms; the tax and
legal consequences of any real estate transaction; the availability
and cost of utilities and community amenities; the appraised or future
value of the property; conditions existing off the property which
may affect the property; and the uses and zoning of property and matters
relating to financing (if these matters are of concern to Buyer, Buyer
is hereby advised to seek independent expert advice relative thereto);
(c) shall owe no duties to Buyer or have any authority on behalf of
Buyer other than what is set forth in this Agreement; and (d) shall,
under no circumstances, have any liability greater than the amount
of the real estate commission paid to Broker in any transaction in
which Buyer purchases or exchanges, lease-purchases or leases property
(excluding any commission amount retained by the listing broker, if
any).
4. Required
Georgia Law Disclosures. Unless otherwise required by law
or Buyer permits disclosure of the information by subsequent word
or conduct, Broker agrees to maintain the confidentiality of all personal
and financial information and other matters identified as confidential
by Buyer, if that information is received by Broker from Buyer during
the term of this Agreement, as required by the Brokerage Relationships
in Real Estate Transactions Act. Broker may not knowingly give customers
false information. In the event of a conflict between Broker's duty
not to give customers false information and the duty to keep the confidences
of Buyer, the duty not to give customers false information shall prevail.
Broker has no other known agency relationships with other parties
which would conflict with any interests of Buyer (with the exception
that Broker may represent other buyers, sellers, tenants, and landlords
in buying, selling or leasing property) except as follows:
5. Buyer's
Duties. Buyer agrees to:
(a) work with only Broker (and not
with any other real estate broker or licensee) in identifying, previewing,
and seeing property for purchase, exchange, lease or lease-purchase
by Buyer; (b) be available to meet with Broker to see the property;
(c) provide Broker with accurate information as requested by Broker
(including financial information about BuyerÕs financial ability to
complete the transaction and written authorization to obtain verification
of funds); and (d) inspect and otherwise become familiar with any
potentially adverse conditions relating to the physical condition
of any property in which Buyer becomes interested, any improvements
located on such property and the neighborhood surrounding such property.
Buyer agrees to hold Broker harmless from any and all claims, causes
of action, or damages arising out of or relating to Buyer providing
Broker incomplete and/or inaccurate information or to the handling
of earnest money or other funds by anyone other than Broker.
6. Broker's
Policy on Agency. Except as may be otherwise provided herein,
Broker's agency policy is to represent buyers, sellers, landlords,
tenants, and buyers and sellers and landlords and tenants in the same
transaction with disclosed dual agency. Broker also offers designated
agency by assigning its affiliated licensees to represent solely one
client to the exclusion of all other clients in the same transaction
and to the exclusion of all other licensees affiliated with Broker.
Dual Agency Disclosure : Buyer does hereby consent to Broker acting
in a dual agency capacity in transactions in which Broker is representing
as clients both Buyer and the seller of real property in which Buyer
is interested in purchasing, and Broker is not acting in a designated
agency capacity. By entering into this Agreement, Buyer acknowledges
that Buyer understands that Buyer does not have to consent to dual
agency, is doing so voluntarily, and that this brokerage engagement
has been read and understood. In serving as dual agent, Broker is
representing two parties whose interests are or at times could be
different or even adverse. As a dual agent, Broker will disclose all
adverse material facts relevant to the transaction and actually known
to Broker to all parties in the transaction except for information
made confidential by request or instructions from another client which
is not allowed to be disclosed by Georgia law or required to be disclosed
by Georgia law. Buyer hereby directs Broker, while acting as a dual
agent, to keep confidential and not reveal to the seller any information
which would materially and adversely affect the Buyer's negotiating
position. Broker or Broker's affiliated licensees will timely disclose
to each client in a real estate transaction the nature of any material
relationship Broker and Broker's affiliated licensees have with the
other clients in the transaction other than that incidental to the
transaction. A material relationship shall mean any actually known
personal, familial, or business relationship between Broker and a
client which would impair the ability of Broker to exercise fair and
independent judgment relative to another client. The other party whom
Broker may represent in the event of dual agency may or may not be
identified at the time Buyer enters into this Agreement. If any party
is identified after this Agreement is signed who has a material relationship
with Broker, then Broker shall timely provide to Buyer a disclosure
of the nature of such relationship.
7. Compensation.
Broker shall seek to be paid a commission from the listing broker
under a cooperative brokerage arrangement or from the seller if there
is no listing broker.
8. Entire
Agreement. The Brokerage Agreement constitutes the sole
and entire agreement between the parties hereto, and no modification
of this Brokerage Agreement shall be binding unless signed by all
parties. No representation, promise, or inducement not included in
this Brokerage Agreement shall be binding upon any party hereto.
SPECIAL
STIPULATIONS: The following Special Stipulations, if conflicting
with any exhibit, addendum, or preceding paragraph, shall control.
RECEIPT
OF A COPY OF THIS AGREEMENT IS HEREBY ACKNOWLEDGED BY BUYER.
BY
SIGNING THIS AGREEMENT, BUYER ACKNOWLEDGES THAT: (1) BUYER HAS READ
ALL PROVISIONS AND DISCLOSURES MADE HEREIN; (2) BUYER UNDERSTANDS
ALL SUCH PROVISIONS AND DISCLOSURES AND HAS ENTERED INTO THIS AGREEMENT
VOLUNTARILY; AND (3) BUYER IS NOT SUBJECT TO A CURRENT BUYER BROKERAGE
ENGAGEMENT WITH ANY OTHER BROKER.
For and
in consideration of the mutual promises contained herein and other
good and valuable consideration, as buyer (hereinafter referred to
as "Buyer"), and as broker and its licensees (hereinafter collectively
referred to as "Broker") do hereby enter into and accept this Agreement,
this day of
You
will receive an email confirmation of receipt of this Agreement
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