|
EXCLUSIVE RIGHT TO REPRESENT
BUYER AGREEMENT (VA)
This Agreement is made on _________________________, 20_________ between ___________________________________________
__________________________________(“Buyer”) CENTURY 21 NEW MILLENNIUM (“Broker’).
In consideration of services and facilities, the Broker is hereby granted the right to represent the Buyer in the acquisition of real property. (As
used in this Agreement, “acquisition of real property” shall include any purchase, option, exchange or lease of property or an agreement to
do so.)
1. BUYER’S REPRESENTATIONS. The Buyer represents that as of the commencement date of this Agreement, the Buyer is not a party
to a buyer representation agreement with any other brokerage firm. The Buyer further represents that the Buyer has disclosed to the Sales
Associate information about any properties that the Buyer has previously visited at any new home communities or resale “open house”, or
that the buyer has been shown by any other real estate sales associate(s) in any area where the Buyer seeks to acquire property under this
Agreement.
The Buyer q does, OR q does not hold an active or inactive Virginia real estate license.
2. TERM. This Agreement commences when signed and, subject to Paragraph 7, terminates at ______a.m./p.m. on _____________
20__________.
3. RETAINER FEE. The Broker, CENTURY 21 NEW MILLENNIUM , acknowledges receipt
of a retainer fee in the amount of _______________________________________________, which q shall, OR q shall not be subtracted
from any compensation due the Broker under this Agreement. The retainer is non-refundable and is earned when paid.
4. BROKER’S DUTIES. The Broker and the Sales Associate shall promote the interests of the Buyer by: (a) performing the terms of this
Agreement; (b) seeking property at a price and terms acceptable to the Buyer; (c) presenting in a timely manner all written offers or
counteroffers to and from the Buyer; (d) disclosing to the Buyer all material facts related to the property or concerning the transaction of
which they have actual knowledge; (e) accounting for in a timely manner all money and property received in which the Buyer has or may
have interest. Unless otherwise provided by law or the Buyer consents in writing to the release of the information, the Broker shall maintain
the confidentiality of all personal and financial information and other matters identified as confidential by the Buyer, if that information is
received from the Buyer during the brokerage relationship. In satisfying these duties, the Broker shall exercise ordinary care, comply with
all applicable laws and regulations, treat all prospective sellers honestly and not knowingly give them false information, and disclose
whether or not the Buyer’s intent is to occupy the property as a principal residence. In addition, the Broker may show the same property to
other buyers, represent other buyers, represent sellers relative to other properties, or provide assistance to a seller or prospective seller by
performing ministerial acts that are not inconsistent with the Broker’s duties under this Agreement.
5. BUYER’S DUTIES. The Buyer shall: (a) work exclusively with the Broker during the term of this Agreement; (b) pay the Broker,
directly or indirectly, the compensation set forth below; (c) comply with the reasonable requests of the Broker to supply any pertinent
financial or personal data needed to fulfill the terms of this Agreement; (d) be available during the Broker’s regular working hours to view
properties.
6. PURPOSE. The Buyer is retaining the Broker to acquire real property.
7. COMPENSATION. In consideration of the time and effort expanded by the Broker on behalf of the Buyer, and in further consideration
of the advice and counsel provided to the Buyer, the Buyer shall pay compensation (“Broker’s Fee”) to the Broker as described below. The
Broker’s Fee shall be earned, due and payable under any of these circumstances whether the transaction is consummated through the
services of the Broker or otherwise.
(a) If the Buyer enters into a contract to acquire real property during the term of this Agreement and goes to settlement on that contract
any time thereafter; OR
(b) If, within 90 / 120 / 180 (circle one) days of expiration of this Agreement, the Buyer enters into a contract to acquire real property
that has been described to or shown to the Buyer by the Broker during the term of this Agreement, unless the Buyer has entered into a
subsequent “Exclusive Right to Represent Buyer” agreement with another real estate broker; OR
(c) If, having entered into an enforceable contract to acquire real property during the term of this Agreement, the Buyer defaults under
the terms of that contract.
The Broker’s Fee shall be 3% of the sales price, or compensation being offered by seller (whichever is greater), plus an administrative
fee of $395. If the seller’s representative offers compensation to the Buyer’s Broker, then the Buyer authorizes the Broker to receive such
compensation and the amount of such compensation shall be credited against the Buyer’s obligation to pay the Broker’s Fee.
Any obligation incurred under this Agreement on the part of the Buyer to pay the Broker’s Fee shall survive the term of this Agreement.
Initials: Buyer ________/_________
CENTURY 21 New Millennium – 03/2003 Page 1 of 2
8. DISCLOSED DUAL REPRESENTATION. The Buyer acknowledges that in the normal course of business the Broker may represent
seller of properties in which the Buyer is interested. If the Buyer wishes to acquire any property listed with the Broker, then the Buyer will be
represented in one of the two ways that are permitted under Virginia law in this situation. The written consent required from the parties in
each case will be accomplished via execution of the appropriate disclosure form at the time of the contract offer.
Dual representation occurs when a buyer and seller in one transaction are represented by the same Broker and the same Sales
Associate. When the parties agree to dual representation, the ability of the Broker and the Sales Associate to represent either party fully
and exclusively is limited. The confidentiality of all clients shall be maintained as in paragraph 4 above.
Designated representation occurs when a buyer and seller in one transaction are represented by different Sales Associates affiliated
with the same Broker. Each of these Sales Associates, known as a Designated Representative, represents fully the interest of a different
client in the same transaction. Designated Representatives are not dual representatives if each represents only the buyer or only the seller
in a specific real estate transaction. Except for disclosure of confidential information to the Broker, each Designated Representative is
bound by the confidentiality requirements in paragraph 4 above. The Broker remains a dual representative.
CHECK ONE CHOICE IN EACH SECTION:
Dual Representation: The Buyer q does OR q does not consent to be shown and to consider acquiring properties listed with the
Broker through the Sales Associate.
Designated Representation: The Buyer q does OR q does not consent to be shown and to consider acquiring properties listed with
the Broker through another Designated Representative associated with the firm.
9. DISCLAIMER. The Buyer acknowledges that the Broker is being retained solely as a real estate agent and not an attorney, tax advisor,
lender, appraiser, surveyor, structural engineer, mold or air quality expert, home inspector or other professional service provider. The Buyer
is advised to seek professional advice concerning the condition of the property or concerning legal and tax matters. The Buyer should
exercise whatever due diligence the Buyer deems necessary with respect to information on any sexual offenders registered under Chapter
23 (§19.2-387 et seq.) of Title 19.2. Such information may be obtained by contacting your local police department or the Department of
State Police, Central Criminal Records Exchange, at (804) 674-2000 or www.vsp.state.va.us.
10. EQUAL OPPORTUNITY. Properties shall be shown and made available to the Buyer without regard to race, color, religion, sex,
handicap, familial status or national origin as well as all classes protected by the laws of the United States, the Commonwealth of Virginia
and applicable local jurisdictions.
11. OTHER PROVISIONS. ________________________________________________________________________________________
______________________________________________________________________________________________________________
12. MISCELLANEOUS. This Agreement, any exhibits and any addenda signed by the parties constitute the entire agreement between the
parties and supersede any other written or oral agreements between the parties. This agreement can only be modified in writing when
signed by both parties. In any action or proceeding involving the Buyer, the seller and/or the Broker, arising out of this Agreement, or to
collect the Broker’s Fee, the prevailing party shall be entitled to receive from the other party reasonable attorney’s fees to be determined by
the court or arbitrator(s).
(NOTE: The Buyer should consult with the Sales Associate before visiting any resale or new homes or contacting any other
REALTORS ® representing sellers, to avoid the possibility of confusion over the brokerage relationship and misunderstandings
about liability for compensation.)
Century 21 New Millennium
Brokerage Firm (Broker)
X ____________________________________ (SEAL) _____________________________________________________
Buyer’s Signature Address
X ____________________________________ (SEAL) _____________________________________________________
Buyer’s Signature City, State, Zip Code
__________________________________________________ ______________________________________________ (SEAL)
Address Managing Broker’s Signature
__________________________________________________ _____________________________________________________
City, State, Zip Code Sales Associate’s/Designated Representative’s Printed Name
Phone (H): ______________ Phone (W): ________________ Phone (H): ________________ Phone (W): _________________
Email1 __________________ Email2 ___________________ Email1 ___________________ Email2 _____________________
CENTURY 21 New Millennium – 03/2003 Page 2 of 2 |