Common use of BROKERAGE DUTIES Clause in Contracts

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must 80 perform the following Uniform Duties when working with Seller: 81 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 contract for Sale; 85 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx to obtain expert advice as to material matters 87 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 5.1.5. Accounting in a timely manner for all money and property received; and 89 5.1.6. Keeping Seller fully informed regarding the transaction. 90 5.2. Xxxxxx must not disclose the following information without the informed consent of Seller: 91 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 5.2.2. What the motivating factors are for Seller to sell the Property; 93 5.2.3. That Seller will agree to financing terms other than those offered; 94 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 consent of Seller, or use such information to the detriment of Seller.

Appears in 7 contracts

Samples: Listing Addendum, Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract

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BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a SellerBuyer’s Agent, must 80 79 perform the following Uniform Duties when working with SellerBuyer: 81 80 5.1. Broker must exercise reasonable skill and care for SellerBuyer, including, including but not limited to the following: 82 81 5.1.1. Performing the terms of any written or oral agreement with SellerXxxxx; 83 82 5.1.2. Presenting all offers to and from Seller Buyer in a timely manner regardless of whether the Property Xxxxx is subject already a party to a 84 83 contract for Saleto Purchase the Property; 85 84 5.1.3. Disclosing to Seller Buyer adverse material facts actually known by Xxxxxx; 86 85 5.1.4. Advising Seller Buyer regarding the transaction and advising Xxxxxx Xxxxx to obtain expert advice as to material matters 87 86 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 87 5.1.5. Accounting in a timely manner for all money and property received; and 89 88 5.1.6. Keeping Seller Buyer fully informed regarding the transaction. 90 89 5.2. Xxxxxx must not disclose the following information without the informed consent of SellerBuyer: 91 90 5.2.1. That Seller Buyer is willing to accept less pay more than the asking purchase price offered for the Property; 92 91 5.2.2. What the Buyer’s motivating factors are for Seller to sell the Propertyare; 93 92 5.2.3. That Seller Buyer will agree to financing terms other than those offered;; or 94 93 5.2.4. Any material information about Seller Buyer unless disclosure is required by law or failure to disclose such 95 94 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 95 5.3. Seller Buyer consents to Xxxxxx’s disclosure of SellerXxxxx’s confidential information to the supervising broker or designee for the 98 96 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 97 consent of SellerBuyer, or use such information to the detriment of SellerBuyer. 98 5.4. Broker may show properties in which Xxxxx is interested to other prospective buyers without breaching any duty or

Appears in 7 contracts

Samples: Exclusive Right to Buy Listing Contract, Exclusive Right to Buy Listing Contract, Exclusive Right to Buy Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, Broker as either a Transaction-Broker or a SellerTenant’s Agent, must 80 82 perform the following Uniform Duties when working with SellerTenant: 81 83 5.1. Broker must exercise reasonable skill and care for SellerTenant, including, including but not limited to the following: 82 84 5.1.1. Performing the terms of any written or oral agreement with SellerTenant; 83 85 5.1.2. Presenting all offers to and from Seller Tenant in a timely manner regardless of whether Xxxxxx is already a party to 86 a written agreement to Lease the Property is subject to a 84 contract for SalePremises; 85 87 5.1.3. Disclosing to Seller Tenant adverse material facts actually known by Xxxxxx; 86 88 5.1.4. Advising Seller Tenant regarding the transaction and advising Xxxxxx Tenant to obtain expert advice as to material matters 87 89 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 90 5.1.5. Accounting in a timely manner for all money and property received; and 89 91 5.1.6. Keeping Seller Tenant fully informed regarding the transaction. 90 92 5.2. Xxxxxx must not disclose the following information without the informed consent of SellerTenant: 91 93 5.2.1. That Seller Tenant is willing to accept less pay more than the asking price offered lease rate for the PropertyPremises; 92 94 5.2.2. What the Tenant’s motivating factors are for Seller to sell the Propertyare; 93 95 5.2.3. That Seller Tenant will agree to financing Lease terms other than those offered;; or 94 96 5.2.4. Any material information about Seller Tenant unless disclosure is required by law or failure to disclose such 95 97 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 98 5.3. Seller Tenant consents to Xxxxxx’s disclosure of SellerXxxxxx’s confidential information to the supervising broker or designee for 99 the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 100 consent of SellerTenant, or use such information to the detriment of SellerTenant. 101 5.4. Broker may show premises in which Xxxxxx is interested to other prospective tenants without breaching any duty or 102 obligation to Tenant. Broker is not prohibited from showing competing tenants the same premises and from assisting competing 103 tenants in attempting to lease a particular premises. 104 5.5. Xxxxxx is not obligated to seek other premises while Tenant is already a party to a lease. 105 5.6. Xxxxxx has no duty to conduct an independent inspection of the Premises for the benefit of Tenant and has no duty to 106 independently verify the accuracy or completeness of statements made by a landlord or independent inspectors. Broker has no duty 107 to conduct an independent investigation of Xxxxxx’s financial condition or to verify the accuracy or completeness of any statement 108 made by Tenant. 109 5.7. Broker must disclose to any prospective landlord all adverse material facts actually known by Xxxxxx, including but not 110 limited to adverse material facts concerning Xxxxxx’s financial ability to perform the terms of the transaction. 111 5.8. Tenant understands that Tenant is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or 112 ratified by Xxxxxx.

Appears in 4 contracts

Samples: Exclusive Tenant Listing Contract, Exclusive Tenant Listing Contract, Exclusive Tenant Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a SellerBuyer’s Agent, must 80 77 perform the following Uniform Duties when working with SellerBuyer: 81 78 5.1. Broker must exercise reasonable skill and care for SellerBuyer, including, including but not limited to the following: 82 79 5.1.1. Performing the terms of any written or oral agreement with SellerXxxxx; 83 80 5.1.2. Presenting all offers to and from Seller Buyer in a timely manner regardless of whether the Property Xxxxx is subject already a party to a 84 81 contract for Salethe Purchase of Property; 85 82 5.1.3. Disclosing to Seller Buyer adverse material facts actually known by Xxxxxx; 86 83 5.1.4. Advising Seller Buyer regarding the transaction and advising Xxxxxx Xxxxx to obtain expert advice as to material matters 87 about 84 which Xxxxxx knows but the specifics of which are beyond the expertise of BrokerXxxxxx; 88 85 5.1.5. Accounting in a timely manner for all money and property received; and 89 86 5.1.6. Keeping Seller Buyer fully informed regarding the transaction. 90 87 5.2. Xxxxxx must not disclose the following information without the informed consent of SellerBuyer: 91 88 5.2.1. That Seller Buyer is willing to accept less pay more than the asking purchase price offered for the Property; 92 89 5.2.2. What the Buyer’s motivating factors are for Seller to sell the Propertyare; 93 90 5.2.3. That Seller Buyer will agree to financing terms other than those offered;; or 94 91 5.2.4. Any material information about Seller Buyer unless disclosure is required by law or failure to disclose such 95 information 92 would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 93 5.3. Seller Buyer consents to Xxxxxx’s disclosure of SellerXxxxx’s confidential information to the supervising broker or designee for the 98 94 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 95 consent of SellerBuyer, or use such information to the detriment of SellerBuyer. 96 5.4. Broker may show properties in which Xxxxx is interested to other prospective buyers without breaching any duty or

Appears in 3 contracts

Samples: Exclusive Right to Buy Listing Contract, Exclusive Right to Buy Listing Contract, Exclusive Right to Buy Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must 80 83 perform the following Uniform Duties Duties” when working with Seller: 81 84 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 85 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 86 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 87 contract for Sale; 85 88 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 89 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx Seller to obtain expert advice as to material matters 87 about 90 which Xxxxxx knows but the specifics of which are beyond the expertise of BrokerXxxxxx; 88 91 5.1.5. Accounting in a timely manner for all money and property received; and 89 92 5.1.6. Keeping Seller fully informed regarding the transaction. 90 93 5.2. Xxxxxx must not disclose the following information without the informed consent of Seller: 91 94 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 95 5.2.2. What the motivating factors are for Seller to sell the Property; 93 96 5.2.3. That Seller will agree to financing terms other than those offered; 94 97 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 information 98 would constitute fraud or dishonest dealing; or 96 99 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 . 100 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 101 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 102 consent of Seller, or use such information to the detriment of Seller.

Appears in 3 contracts

Samples: Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a SellerTenant’s Agent, must 80 79 perform the following Uniform Duties when working with SellerTenant: 81 80 5.1. Broker must exercise reasonable skill and care for SellerTenant, including, including but not limited to the following: 82 81 5.1.1. Performing the terms of any written or oral agreement with SellerTenant; 83 82 5.1.2. Presenting all offers to and from Seller Tenant in a timely manner regardless of whether the Property Xxxxxx is subject already a party to a 84 contract for Sale83 written agreement to Lease the Premises; 85 84 5.1.3. Disclosing to Seller Tenant adverse material facts actually known by Xxxxxx; 86 85 5.1.4. Advising Seller Tenant regarding the transaction and advising Xxxxxx Tenant to obtain expert advice as to material matters 87 86 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 87 5.1.5. Accounting in a timely manner for all money and property received; and 89 88 5.1.6. Keeping Seller Tenant fully informed regarding the transaction. 90 89 5.2. Xxxxxx must not disclose the following information without the informed consent of SellerTenant: 91 90 5.2.1. That Seller Tenant is willing to accept less pay more than the asking price offered lease rate for the PropertyPremises; 91 5.2.2. What Tenant’s motivating factors are; 92 5.2.2. What the motivating factors are for Seller to sell the Property; 93 5.2.3. That Seller Tenant will agree to financing Lease terms other than those offered;; or 94 93 5.2.4. Any material information about Seller Tenant unless disclosure is required by law or failure to disclose such 95 94 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 95 5.3. Seller Tenant consents to Xxxxxx’s disclosure of SellerXxxxxx’s confidential information to the supervising broker or designee for the 98 96 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 97 consent of SellerTenant, or use such information to the detriment of SellerTenant. 98 5.4. Broker may show premises in which Xxxxxx is interested to other prospective tenants without breaching any duty or 99 obligation to Tenant. Broker is not prohibited from showing competing tenants the same premises and from assisting competing 100 tenants in attempting to lease a particular premises. 101 5.5. Xxxxxx is not obligated to seek other premises while Tenant is already a party to a Lease. 102 5.6. Xxxxxx has no duty to conduct an independent inspection of the Premises for the benefit of Tenant and has no duty to 103 independently verify the accuracy or completeness of statements made by a landlord or independent inspectors. Broker has no duty 104 to conduct an independent investigation of Xxxxxx’s financial condition or to verify the accuracy or completeness of any statement 105 made by Tenant.

Appears in 2 contracts

Samples: Exclusive Tenant Listing Contract, Exclusive Tenant Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a SellerBuyer’s Agent, must 80 shall 78 perform the following Uniform Duties when working with SellerBuyer: 81 79 5.1. Broker must shall exercise reasonable skill and care for SellerBuyer, including, including but not limited to the following: 82 80 5.1.1. Performing the terms of any written or oral agreement with SellerXxxxx; 83 81 5.1.2. Presenting all offers to and from Seller Buyer in a timely manner regardless of whether the Property Xxxxx is subject already a party to a 84 82 contract for Saleto Purchase the Property; 85 83 5.1.3. Disclosing to Seller Buyer adverse material facts actually known by Xxxxxx; 86 84 5.1.4. Advising Seller Buyer regarding the transaction and advising Xxxxxx Xxxxx to obtain expert advice as to material matters 87 85 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 86 5.1.5. Accounting in a timely manner for all money and property received; and 89 87 5.1.6. Keeping Seller Buyer fully informed regarding the transaction. 90 88 5.2. Xxxxxx must Broker shall not disclose the following information without the informed consent of SellerXxxxx: 91 89 5.2.1. That Seller Buyer is willing to accept less pay more than the asking purchase price offered for the Property; 92 90 5.2.2. What the Buyer’s motivating factors are for Seller to sell the Propertyare; 93 91 5.2.3. That Seller Buyer will agree to financing terms other than those offered; 94 92 5.2.4. Any material information about Seller Buyer unless disclosure is required by law or failure to disclose such 95 93 information would constitute fraud or dishonest dealing; or 96 94 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 95 5.3. Seller Buyer consents to Xxxxxx’s disclosure of SellerXxxxx’s confidential information to the supervising broker or designee for the 98 96 purpose of proper supervision, provided such supervising broker or designee does shall not further disclose such information without 99 97 consent of SellerBuyer, or use such information to the detriment of SellerBuyer. 98 5.4. Broker may show properties in which the Buyer is interested to other prospective buyers without breaching any duty or 99 obligation to such Buyer. Broker shall not be prohibited from showing competing buyers the same property and from assisting 100 competing buyers in attempting to purchase a particular property. 101 5.5. Broker shall not be obligated to seek other properties while Buyer is already a party to a contract to purchase property. 102 5.6. Xxxxxx has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty to 103 independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Broker has no duty to 104 conduct an independent investigation of Xxxxx’s financial condition or to verify the accuracy or completeness of any statement 105 made by Buyer.

Appears in 2 contracts

Samples: Exclusive Right to Buy Listing Contract, Exclusive Right to Buy Listing Contract

BROKERAGE DUTIES. Xxxxxx, on behalf of Brokerage Firm, acting through Broker, Firm as either a Transaction-Broker or a Seller’s Agent, must 80 83 perform the following Uniform Duties Duties” when working with Seller: 81 84 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 85 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 86 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 87 contract for Sale; 85 88 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 89 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx to obtain expert advice as to material matters 87 90 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 91 5.1.5. Accounting in a timely manner for all money and property received; and 89 92 5.1.6. Keeping Seller fully informed regarding the transaction. 90 93 5.2. Xxxxxx must not disclose the following information without the informed consent of Seller: 91 94 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 95 5.2.2. What the motivating factors are for Seller to sell the Property; 93 96 5.2.3. That Seller will agree to financing terms other than those offered; 94 97 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 98 information would constitute fraud or dishonest dealing; or 96 99 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 . 100 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 101 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 102 consent of Seller, or use such information to the detriment of Seller.

Appears in 2 contracts

Samples: Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must shall 80 perform the following Uniform Duties when working with Seller: 81 5.1. Broker must shall exercise reasonable skill and care for Seller, including, but not limited to the following: 82 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 contract for Sale; 85 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx to obtain expert advice as to material matters 87 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 5.1.5. Accounting in a timely manner for all money and property received; and 89 5.1.6. Keeping Seller fully informed regarding the transaction. 90 5.2. Xxxxxx must Broker shall not disclose the following information without the informed consent of Seller: 91 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 5.2.2. What the motivating factors are for Seller to sell the Property; 93 5.2.3. That Seller will agree to financing terms other than those offered; 94 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does shall not further disclose such information without 99 consent of Seller, or use such information to the detriment of Seller.

Appears in 2 contracts

Samples: Exclusive Right to Sell Listing Contract, Seller Listing Contract

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BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must 80 perform the following Uniform Duties when working with Seller: 81 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 contract for Sale; 85 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx Seller to obtain expert advice as to material matters 87 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 5.1.5. Accounting in a timely manner for all money and property received; and 89 5.1.6. Keeping Seller fully informed regarding the transaction. 90 5.2. Xxxxxx must not disclose the following information without the informed consent of Seller: 91 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 5.2.2. What the motivating factors are for Seller to sell the Property; 93 5.2.3. That Seller will agree to financing terms other than those offered; 94 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 consent of Seller, or use such information to the detriment of Seller. 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale. 5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is subject to a contract for Sale. 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to conduct an independent investigation of a buyer’s financial condition or to verify the accuracy or completeness of any statement made by a buyer. 5.7. Seller understands that Seller is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified by Seller. 5.8. When asked, Xxxxxx Will Will Not disclose to prospective buyers and cooperating brokers the existence of offers on the Property and whether the offers were obtained by Xxxxxx, a broker within Brokerage Firm or by another broker.

Appears in 2 contracts

Samples: Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, 88 must 80 perform the following Uniform Duties when working with Seller: 81 89 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 90 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 91 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to 92 a 84 contract for Sale; 85 93 5.1.3. Disclosing to Seller adverse material facts actually known by Xxxxxx; 86 94 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx Seller to obtain expert advice as to material 95 matters 87 about which Xxxxxx knows but the specifics of which are beyond the expertise of BrokerXxxxxx; 88 96 5.1.5. Accounting in a timely manner for all money and property received; and 89 97 5.1.6. Keeping Seller fully informed regarding the transaction. 90 98 5.2. Xxxxxx must Broker shall not disclose the following information without the informed consent of Seller: 91 99 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 100 5.2.2. What the motivating factors are for Seller to sell the Property; 93 101 5.2.3. That Seller will agree to financing terms other than those offered; 94 102 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 103 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller consents to Xxxxxx’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 consent of Seller, or use such information to the detriment of Seller.

Appears in 2 contracts

Samples: Exclusive Right to Sell Listing Contract, Exclusive Right to Sell Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a SellerBuyer’s Agent, must 80 81 perform the following Uniform Duties when working with SellerBuyer: 81 82 5.1. Broker must exercise reasonable skill and care for SellerBuyer, including, including but not limited to the following: 82 83 5.1.1. Performing the terms of any written or oral agreement with SellerXxxxx; 83 84 5.1.2. Presenting all offers to and from Seller Buyer in a timely manner regardless of whether the Property Xxxxx is subject already a party to a 84 85 contract for Saletofor the Purchase theof Property; 85 86 5.1.3. Disclosing to Seller Buyer adverse material facts actually known by Xxxxxx; 86 87 5.1.4. Advising Seller Buyer regarding the transaction and advising Xxxxxx Xxxxx to obtain expert advice as to material matters 87 about 88 which Xxxxxx knows but the specifics of which are beyond the expertise of BrokerXxxxxx; 88 89 5.1.5. Accounting in a timely manner for all money and property received; and 89 90 5.1.6. Keeping Seller Buyer fully informed regarding the transaction. 90 91 5.2. Xxxxxx must not disclose the following information without the informed consent of SellerBuyer: 91 92 5.2.1. That Seller Buyer is willing to accept less pay more than the asking purchase price offered for the Property; 92 93 5.2.2. What the Buyer’s motivating factors are for Seller to sell the Propertyare; 93 94 5.2.3. That Seller Buyer will agree to financing terms other than those offered;; or 94 95 5.2.4. Any material information about Seller Buyer unless disclosure is required by law or failure to disclose such 95 information 96 would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller Buyer consents to Xxxxxx’s disclosure of SellerXxxxx’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 consent of SellerBuyer, or use such information to the detriment of SellerBuyer. 100 5.4. Broker may show properties in which Xxxxx is interested to other prospective buyers without breaching any duty or 101 obligation to Buyer. Broker is not prohibited from showing competing buyers the same property and from assisting competing buyers 102 in attempting to purchase a particular property. 103 5.5. Xxxxxx is not obligated to seek other properties while Xxxxx is already a party to a contract to purchase propertyfor the 104 Purchase of Property. 105 5.6. Xxxxxx has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty to 106 independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Broker has no duty to 107 conduct an independent investigation of Xxxxx’s financial condition or to verify the accuracy or completeness of any statement made 108 by Buyer. 109 5.7. Broker must disclose to any prospective seller all adverse material facts actually known by Xxxxxx, including but not 110 limited to adverse material facts concerning Xxxxx’s financial ability to perform the terms of the transaction and whether Buyer 111 intends to occupy the Property as a principal residence. 112 5.8. Buyer understands that Buyer is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified 113 by Buyer.

Appears in 1 contract

Samples: Exclusive Right to Buy Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must 80 perform the following Uniform Duties when working with Seller: 81 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following: 82 5.1.1. Performing the terms of any written or oral agreement with Seller; 83 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a 84 contract for Sale;the 85 5.1.3. Disclosing to Seller adverse material facts actually known by XxxxxxBroker; 86 5.1.4. Advising Seller regarding the transaction and advising Xxxxxx Seller to obtain expert advice as to material matters 87 about which Xxxxxx Broker knows but the specifics of which are beyond the expertise of Broker; 88 5.1.5. Accounting in a timely manner for all money and property received; and 89 5.1.6. Keeping Seller fully informed regarding the transaction. 90 5.2. Xxxxxx Broker must not disclose the following information without the informed consent of Seller: 91 5.2.1. That Seller is willing to accept less than the asking price for the Property; 92 5.2.2. What the motivating factors are for Seller to sell the Property; 93 5.2.3. That Seller will agree to financing terms other than those offered; 94 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such 95 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 97 5.3. Seller consents to XxxxxxBroker’s disclosure of Seller’s confidential information to the supervising broker or designee for the 98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without 99 consent of Seller, or use such information to the detriment of Seller. 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale. 5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is subject to a contract for Sale. 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to conduct an independent investigation of a buyer’s financial condition or to verify the accuracy or completeness of any statement made by a buyer. 5.7. Seller understands that Seller is not liable for Broker’s acts or omissions that have not been approved, directed, or ratified by Seller. 5.8. When asked, Broker Will Will Not disclose to prospective buyers and cooperating brokers the existence of offers on the Property and whether the offers were obtained by Broker, a broker within Brokerage Firm or by another broker.

Appears in 1 contract

Samples: Exclusive Right to Sell Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, acting as either a Transaction-Broker or a SellerTenant’s Agent, must 80 shall perform the following Uniform Duties when working with SellerTenant: 81 5.1. Broker must shall exercise reasonable skill and care for SellerTenant, including, including but not limited to the following: 82 5.1.1. Performing the terms of any written or oral agreement with SellerTenant; 83 5.1.2. Presenting all offers to and from Seller Tenant in a timely manner regardless of whether Xxxxxx is already a party to 84 a written agreement to Lease the Property is subject to a 84 contract for SalePremises; 85 5.1.3. Disclosing to Seller Tenant adverse material facts actually known by Xxxxxx; 86 5.1.4. Advising Seller Tenant regarding the transaction and advising Xxxxxx Tenant to obtain expert advice as to material matters 87 about which Xxxxxx knows but the specifics of which are beyond the expertise of Broker; 88 5.1.5. Accounting in a timely manner for all money and property received; and 89 5.1.6. Keeping Seller Tenant fully informed regarding the transaction. 90 5.2. Xxxxxx must Broker shall not disclose the following information without the informed consent of SellerTenant: 91 5.2.1. That Seller Tenant is willing to accept less pay more than the asking price offered lease rate for the PropertyPremises; 92 5.2.2. What the Tenant’s motivating factors are for Seller to sell the Propertyare; 93 5.2.3. That Seller Tenant will agree to financing Lease terms other than those offered; 94 5.2.4. Any material information about Seller Tenant unless disclosure is required by law or failure to disclose such 95 information would constitute fraud or dishonest dealing; or 96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the PropertyPremises. 97 5.3. Seller Tenant consents to Xxxxxx’s disclosure of SellerXxxxxx’s confidential information to the supervising broker or designee for 98 the 98 purpose of proper supervision, provided such supervising broker or designee does shall not further disclose such information 99 without 99 consent of SellerTenant, or use such information to the detriment of SellerTenant.

Appears in 1 contract

Samples: Exclusive Tenant Listing Contract

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