Common use of BROKERAGE DUTIES Clause in Contracts

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, 79 shall perform the following Uniform Duties when working with Landlord: 80 5.1. Broker shall exercise reasonable skill and care for Landlord, including, but not limited to the following: 81 5.1.1. Performing the terms of any written or oral agreement with Landlord; 82 5.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to 83 a lease or letter of intent to lease; 84 5.1.3. Disclosing to Landlord adverse material facts actually known by Xxxxxx; 85 5.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of Xxxxxx; 87 5.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.6. Keeping Landlord fully informed regarding the transaction. 89 5.2. Broker shall not disclose the following information without the informed consent of Landlord: 90 5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises; 91 5.2.2. What the motivating factors are for Landlord to lease the Premises; 92 5.2.3. That Landlord will agree to Lease terms other than those offered; 93 5.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. 96 5.3. Landlord consents to Xxxxxx’s disclosure of Landlord’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information 98 without consent of Landlord, or use such information to the detriment of Landlord. 99 5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show 100 alternative properties not owned by Landlord to other prospective tenants and list competing properties for lease. 101 5.5. Broker shall not be obligated to seek additional offers to lease the Premises while the Premises is subject to a lease or 102 letter of intent to lease.

Appears in 1 contract

Samples: Exclusive Right to Lease Listing Contract

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BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, 79 shall perform the following Uniform Duties when working with Landlord: 80 5.14.1. Broker shall will exercise reasonable skill and care for Landlord, including, but not limited to the following: 81 5.1.14.1.1. Performing the terms of or any written or oral agreement with Landlordlandlord; 82 5.1.24.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises Property is subject to 83 a lease or letter of intent to lease; 84 5.1.34.1.3. Disclosing to Landlord adverse material facts actually known know by Xxxxxx; 85 5.1.44.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.54.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.64.1.6. Keeping Landlord fully informed regarding the transaction. 89 5.24.2. Broker shall not disclose the following information without the informed consent of Landlord: 90 5.2.14.2.1. That Landlord is willing to accept less than the asking lease rate for the PremisesProperty; 91 5.2.24.2.2. What the Landlord’s motivating factors are for Landlord to lease the PremisesProperty; 92 5.2.34.2.3. That Landlord will agree to Lease lease terms other than those offered; 93 5.2.44.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.54.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premisesproperty. 96 5.34.3. Landlord consents to Xxxxxx’s disclosure of Landlord’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information 98 without consent of Landlord, or use such information to the detriment of Landlord. 99 5.44.4. Brokerage Firm may have agreements with other landlords to market and lease their premisesproperty. Broker may show 100 alternative properties not owned by Landlord to other prospective tenants and list competing properties for lease. 4.5. 101 5.5. If all or a portion of the Property is subject to a lease, or letter of intent to lease obtained by Broker, Broker shall not be obligated to seek additional offers to lease such portion of the Premises while Property. 4.6. Xxxxxx has no duty to conduct an independent inspection of the Premises is subject Property for the benefit of tenant and has no duty to a lease independently verify the accuracy or 102 letter completeness of intent to leasestatements made by Landlord or independent inspectors. 4.7. Landlord understands that Landlord shall not be liable for Broker’s acts or omissions that have not been approved, directed, or ratified by Landlord.

Appears in 1 contract

Samples: Property Management Agreement

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, 79 shall must perform the following Uniform Duties when working with Landlord: 80 5.1. Broker shall must exercise reasonable skill and care for Landlord, including, but not limited to the following:the 81 5.1.1. Performing the terms of any written or oral agreement with Landlord; 82 5.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to 83 a lease or letter of intent to lease;the 84 5.1.3. Disclosing to Landlord adverse material facts actually known by Xxxxxx; 85 5.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.6. Keeping Landlord fully informed regarding the transaction. 89 5.2. Broker shall Xxxxxx must not disclose the following information without the informed consent of Landlord: 90 5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises; 91 5.2.2. What the motivating factors are for Landlord to lease the Premises; 92 5.2.3. That Landlord will agree to Lease terms other than those offered; 93 5.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. 96 5.3. Landlord consents to Xxxxxx’s disclosure of Landlord’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall does not further disclose such information 98 without consent of Landlord, or use such information to the detriment of Landlord. 99 5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show 100 alternative properties premises not owned by Landlord to other prospective tenants and list competing properties premises for lease. 101 . 5.5. Broker shall is not be obligated to seek additional offers to lease Lease the Premises while the Premises is subject to a lease or 102 letter of intent to lease. 5.6. Xxxxxx has no duty to conduct an independent inspection of the Premises for the benefit of a tenant and has no duty to independently verify the accuracy or completeness of statements made by Landlord or independent inspectors. Broker has no duty to conduct an independent investigation of a tenant’s financial condition or to verify the accuracy or completeness of any statement made by a tenant. 5.7. Landlord understands that Landlord is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified by Landlord. 5.8. When asked, Broker Will Will Not disclose to prospective tenants and cooperating brokers the existence of offers on the Premises and whether the offers were obtained by Xxxxxx, a broker within Brokerage Firm or by another broker.

Appears in 1 contract

Samples: Exclusive Right to Lease Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, 79 shall must perform the following Uniform Duties when working with Landlord: 80 5.1. Broker shall must exercise reasonable skill and care for Landlord, including, but not limited to the following: 81 5.1.1. Performing the terms of any written or oral agreement with Landlord; 82 5.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to 83 a lease or letter of intent to lease; 84 5.1.3. Disclosing to Landlord adverse material facts actually known by Xxxxxx; 85 5.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.6. Keeping Landlord fully informed regarding the transaction. 89 5.2. Broker shall Xxxxxx must not disclose the following information without the informed consent of Landlord: 90 5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises; 91 5.2.2. What the motivating factors are for Landlord to lease the Premises; 92 5.2.3. That Landlord will agree to Lease terms other than those offered; 93 5.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. 96 5.3. Landlord consents to Xxxxxx’s disclosure of Landlord’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall does not further disclose such information 98 without consent of Landlord, or use such information to the detriment of Landlord. 99 5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show 100 alternative properties premises not owned by Landlord to other prospective tenants and list competing properties premises for lease. 101 . 5.5. Broker shall is not be obligated to seek additional offers to lease Lease the Premises while the Premises is subject to a lease or 102 letter of intent to lease. 5.6. Xxxxxx has no duty to conduct an independent inspection of the Premises for the benefit of a tenant and has no duty to independently verify the accuracy or completeness of statements made by Landlord or independent inspectors. Broker has no duty to conduct an independent investigation of a tenant’s financial condition or to verify the accuracy or completeness of any statement made by a tenant. 5.7. Landlord understands that Landlord is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified by Landlord. 5.8. When asked, Broker Will Will Not disclose to prospective tenants and cooperating brokers the existence of offers on the Premises and whether the offers were obtained by Xxxxxx, a broker within Brokerage Firm or by another broker.

Appears in 1 contract

Samples: Exclusive Right to Lease Listing Contract

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a LandlordBuyer’s Agent, 79 shall must perform the following Uniform Duties when working with LandlordBuyer: 80 5.1. Broker shall must exercise reasonable skill and care for LandlordBuyer, including, including but not limited to the following: 81 5.1.1. Performing the terms of any written or oral agreement with LandlordXxxxx; 82 5.1.2. Presenting all offers to and from Landlord Buyer in a timely manner regardless of whether Xxxxx is already a party to a contract for the Premises is subject to 83 a lease or letter Purchase of intent to leaseProperty; 84 5.1.3. Disclosing to Landlord Buyer adverse material facts actually known by Xxxxxx; 85 5.1.4. Advising Landlord Buyer regarding the transaction and advising Landlord Xxxxx to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.6. Keeping Landlord Buyer fully informed regarding the transaction. 89 5.2. Broker shall not disclose the following information without the informed consent of Landlord: 90 5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises; 91 5.2.2. What the Buyer’s motivating factors are for Landlord to lease the Premisesare; 92 5.2.3. That Landlord Buyer will agree to Lease financing terms other than those offered;; or 93 5.2.4. Any material information about Landlord Buyer unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises. 96 5.3. Landlord Buyer consents to Xxxxxx’s disclosure of LandlordXxxxx’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall does not further disclose such information 98 without consent of LandlordBuyer, or use such information to the detriment of LandlordBuyer. 99 5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show 100 alternative properties not owned by Landlord in which Xxxxx is interested to other prospective tenants buyers without breaching any duty or obligation to Buyer. Xxxxxx is not prohibited from showing competing buyers the same property and list from assisting competing properties for lease. 101 buyers in attempting to purchase a particular property. 5.5. Broker shall Xxxxxx is not be obligated to seek additional offers to lease the Premises other properties while the Premises Xxxxx is subject already a party to a lease contract for the Purchase of Property. 5.6. Xxxxxx has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty to independently verify the accuracy or 102 letter completeness of intent statements made by a seller or independent inspectors. Broker has no duty to leaseconduct an independent investigation of Xxxxx’s financial condition or to verify the accuracy or completeness of any statement made by Xxxxx. 5.7. Broker must disclose to any prospective seller all adverse material facts actually known by Xxxxxx, including but not limited to adverse material facts concerning Xxxxx’s financial ability to perform the terms of the transaction and whether Xxxxx intends to occupy the Property as a principal residence. 5.8. Buyer understands that Buyer is not liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified by Xxxxx.

Appears in 1 contract

Samples: Exclusive Right to Buy Listing Contract

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BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, 79 shall perform the following Uniform Duties when working with Landlord: 80 5.14.1. Broker shall will exercise reasonable skill and care for Landlord, including, but not limited to the following: 81 5.1.14.1.1. Performing the terms of or any written or oral agreement with Landlordlandlord; 82 5.1.24.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises Property is subject to 83 a lease or letter of intent to lease; 84 5.1.34.1.3. Disclosing to Landlord adverse material facts actually known know by XxxxxxBroker; 85 5.1.44.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material 86 matters about which Xxxxxx Broker knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.54.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.64.1.6. Keeping Landlord fully informed regarding the transaction. 89 5.24.2. Broker shall not disclose the following information without the informed consent of Landlord: 90 5.2.14.2.1. That Landlord is willing to accept less than the asking lease rate for the PremisesProperty; 91 5.2.24.2.2. What the Landlord’s motivating factors are for Landlord to lease the PremisesProperty; 92 5.2.34.2.3. That Landlord will agree to Lease lease terms other than those offered; 93 5.2.44.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.54.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premisesproperty. 96 5.34.3. Landlord consents to XxxxxxBroker’s disclosure of Landlord’s confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information 98 without consent of Landlord, or use such information to the detriment of Landlord. 99 5.44.4. Brokerage Firm may have agreements with other landlords to market and lease their premisesproperty. Broker may show 100 alternative properties not owned by Landlord to other prospective tenants and list competing properties for lease. 4.5. 101 5.5. If all or a portion of the Property is subject to a lease, or letter of intent to lease obtained by Broker, Broker shall not be obligated to seek additional offers to lease such portion of the Premises while Property. 4.6. Broker has no duty to conduct an independent inspection of the Premises is subject Property for the benefit of tenant and has no duty to a lease independently verify the accuracy or 102 letter completeness of intent to leasestatements made by Landlord or independent inspectors. 4.7. Landlord understands that Landlord shall not be liable for Broker’s acts or omissions that have not been approved, directed, or ratified by Landlord.

Appears in 1 contract

Samples: Property Management Agreement

BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a LandlordBuyer’s Agent, 79 shall perform the following Uniform Duties when working with LandlordBuyer: 80 5.1. Broker shall exercise reasonable skill and care for LandlordBuyer, including, including but not limited to the following: 81 5.1.1. Performing the terms of any written or oral agreement with LandlordXxxxx; 82 5.1.2. Presenting all offers to and from Landlord Buyer in a timely manner regardless of whether Xxxxx is already a party to a contract to Purchase the Premises is subject to 83 a lease or letter of intent to leaseProperty; 84 5.1.3. Disclosing to Landlord Buyer adverse material facts actually known by Xxxxxx; 85 5.1.4. Advising Landlord Buyer regarding the transaction and advising Landlord Xxxxx to obtain expert advice as to material 86 matters about which Xxxxxx knows but the specifics of which are beyond the expertise of XxxxxxBroker; 87 5.1.5. Accounting in a timely manner for all money and property received; and 88 5.1.6. Keeping Landlord Buyer fully informed regarding the transaction. 89 5.2. Broker shall not disclose the following information without the informed consent of LandlordXxxxx: 90 5.2.1. That Landlord Buyer is willing to accept less pay more than the asking lease rate purchase price offered for the PremisesProperty; 91 5.2.2. What the Buyer's motivating factors are for Landlord to lease the Premisesare; 92 5.2.3. That Landlord Buyer will agree to Lease financing terms other than those offered; 93 5.2.4. Any material information about Landlord Buyer unless disclosure is required by law or failure to disclose such 94 information would constitute fraud or dishonest dealing; or 95 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the PremisesProperty. 96 5.3. Landlord Buyer consents to Xxxxxx’s 's disclosure of Landlord’s Xxxxx's confidential information to the supervising broker or designee 97 for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information 98 without consent of LandlordBuyer, or use such information to the detriment of LandlordBuyer. 99 5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show 100 alternative properties not owned by Landlord in which Buyer is interested to other prospective tenants buyers without breaching any duty or obligation to such Buyer. Broker shall not be prohibited from showing competing buyers the same property and list from assisting competing properties for lease. 101 buyers in attempting to purchase a particular property. 5.5. Broker shall not be obligated to seek additional offers to lease the Premises other properties while the Premises Buyer is subject already a party to a lease contract to purchase property. 5.6. Xxxxxx has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty to independently verify the accuracy or 102 letter completeness of intent statements made by a seller or independent inspectors. Broker has no duty to leaseconduct an independent investigation of Xxxxx's financial condition or to verify the accuracy or completeness of any statement made by Xxxxx. 5.7. Broker shall disclose to any prospective seller all adverse material facts actually known by Xxxxxx, including but not limited to adverse material facts concerning Xxxxx's financial ability to perform the terms of the transaction and whether Xxxxx intends to occupy the Property as a principal residence. 5.8. Buyer understands that Buyer shall not be liable for Xxxxxx’s acts or omissions that have not been approved, directed, or ratified by Buyer.

Appears in 1 contract

Samples: Exclusive Right to Buy Listing Contract

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