Common use of Agency and Brokerage Clause in Contracts

Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer is aware that Broker is acting as a dual agent in this transaction and hereby consents to the same. Buyer has been advised that: (1) In serving as a dual agent, Broker is representing two parties, Buyer and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer hereby d rects Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l mean any actually known personal, familial, or business relationship between Broker and a party which would impair the a ility 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 not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with Broker, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, Buyer’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer has consented to Broker acting in a dual agency capacity in Section A(3) above.

Appears in 1 contract

Samples: Non Exclusive Buyer Brokerage Engagement Agreement

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Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. : [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer is aware that Broker is acting as a dual agent in this transaction and hereby consents to the same. Buyer has been advised that: (1) In serving as a dual agent, Broker is representing two parties, Buyer and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m from either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer hereby d rects dire ts Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially materia ly and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l shall mean any actually known personal, familial, or business relationship between Broker and a party which would impair the a ility 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 not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with Broker, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, Buyer’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer has consented to accorda Broker acting in a dual agency capacity in Section A(3) above.. ce with state law, provided that Buyer has consented to XX

Appears in 1 contract

Samples: Exclusive Buyer Brokerage Engagement Agreement

Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. : [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer and a prospective seller are both being represented by the same Broker Brok r and the Broker is not acting in a designated agency capacity, Buyer is aware that Broker is acting as a dual agent in this transaction and hereby consents to the same. Buyer has been advised that: (1) In serving as a dual agent, Broker is representing two parties, Buyer and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer hereby d rects Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l mean any actually known personal, familial, or business relationship between Broker and a party which would impair the a ility 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 not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with Broker, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, Buyer’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer has consented to Broker acting in a dual agency capacity in Section A(3) above.

Appears in 1 contract

Samples: Exclusive Buyer Brokerage Engagement Agreement

Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. : [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer Xxxxx and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer Xxxxx is aware that Broker Xxxxxx is acting as a dual agent in this transaction tra saction and hereby consents to the same. Buyer Xxxxx has been advised that: (1) In serving as a dual agent, Broker Xxxxxx is representing two parties, Buyer Xxxxx and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m from either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement.. N N (4) Notwithstanding any provision to the contrary contained herein, Buyer Xxxxx hereby d rects directs Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the th nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l shall mean any actually known personal, familial, or business relationship between Broker Xxxxxx and a party which would impair the a ility ability of Broker to exercise fair and independent judgment relative to another client. The other party whom Broker Xxxxxx may represent in the event of dual agency may not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with BrokerXxxxxx, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, BuyerXxxxx’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer Xxxxx has consented to Broker acting in a dual agency capacity in Section A(3) above.

Appears in 1 contract

Samples: Exclusive Buyer Brokerage Engagement Agreement

Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. : [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer Xxxxx and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer Xxxxx is aware that Broker Xxxxxx is acting as a dual agent in this transaction and hereby consents to the same. Buyer Xxxxx has been advised that: (1) In serving as a dual agent, Broker Xxxxxx is representing two parties, Buyer Xxxxx and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m from either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer hereby d rects dire ts Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially materia ly and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l shall mean any actually known personal, familial, or business relationship between Broker Xxxxxx and a party which would impair the a ility ability of Broker to exercise fair and independent judgment relative to another client. The other party whom Broker Xxxxxx may represent in the event of dual agency may not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with BrokerXxxxxx, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, BuyerXxxxx’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer has consented to accorda Broker acting in a dual agency capacity in Section A(3) above.. ce with state law, provided that Xxxxx has consented to XX

Appears in 1 contract

Samples: Exclusive Buyer Brokerage Engagement Agreement

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Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. : [Applicable only if Broker’s agency policy is to practice dual agency and Buyer has consented to Broker acting in a dual agency capacity.] If Buyer Xxxxx and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer Xxxxx is aware that Broker Xxxxxx is acting as a dual agent in this transaction tra saction and hereby consents to the same. Buyer Xxxxx has been advised that: (1) In serving as a dual agent, Broker Xxxxxx is representing two parties, Buyer Xxxxx and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m from either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer Xxxxx hereby d rects directs Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l shall mean any actually known personal, familial, or business relationship between Broker Xxxxxx and a party which would impair the a ility ability of Broker to exercise fair and independent judgment relative to another client. The other party whom Broker Xxxxxx may represent in the event of dual agency may not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with BrokerXxxxxx, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, BuyerXxxxx’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer Xxxxx has consented to Broker acting in a dual agency capacity in Section A(3) above.

Appears in 1 contract

Samples: Exclusive Buyer Brokerage Engagement Agreement

Agency and Brokerage. a. Broker’s Policy on Agency: Unless Broker has indicated elsewhere herein that Broker is not offering a specific agency relationship, the types of agency relationships offered by Broker are: seller agency, buyer agency, designated agency, dual agency, sub-agency, landlord agency, and tenant agency. b. Dual Agency Disclosure. [Applicable only if Broker’s agency policy is to practice dual agency and Buyer Xxxxx has consented to Broker acting in a dual agency capacity.] If Buyer Xxxxx and a prospective seller are both being represented by the same Broker and the Broker is not acting in a designated agency capacity, Buyer Xxxxx is aware that Broker Xxxxxx is acting as a dual agent in this transaction and hereby consents to the same. Buyer Xxxxx has been advised that: (1) In serving as a dual agent, Broker Xxxxxx is representing two parties, Buyer Xxxxx and the seller, as clients whose interests are or at times could be different or even adverse; (2) Broker will disclose all adverse, material facts relevant to the transaction and actua ly actually known to the dual agent to all parties in the transaction except for information made confidential by request or instructions fr m from either party which is not otherwise required to be disclosed by law; (3) Buyer does not have to consent to dual agency. The consent of the Buyer to dual agency has been given voluntarily in Section A and the Buyer has read and understands this Agreement. (4) Notwithstanding any provision to the contrary contained herein, Buyer Xxxxx hereby d rects directs Broker, while acting as a dual agent, to keep confidential and not reveal to the other party any information which could materially and adversely affect their negotiating position except as required by law. (5) Broker or Broker’s affiliated licensees will timely disclose to each party the nature of any material relationship with other party other than that incidental to the transaction. A material relationship sha l shall mean any actually known personal, familial, or business relationship between Broker Xxxxxx and a party which would impair the a ility ability of Broker to exercise fair and independent judgment relative to another client. The other party whom Broker Xxxxxx may represent in the event of dual agency may not be identified at the time Buyer enters into this Agreement. If any party is identified after the Agreement and has a material relationship with BrokerXxxxxx, then Broker shall timely provide to Buyer a disclosure of the nature of such relationship. (6) Upon signing this brokerage engagement with the dual agency disclosures contained herein, BuyerXxxxx’s consent to dual agency is conclusively deemed to have been given and informed in accordance with state law, provided that Buyer Xxxxx has consented to Broker acting in a dual agency capacity in Section A(3) above.

Appears in 1 contract

Samples: Non Exclusive Buyer Brokerage Engagement Agreement

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