Common use of BROKERAGE RELATIONSHIP DISCLOSURE Clause in Contracts

BROKERAGE RELATIONSHIP DISCLOSURE. BROKER is duly licensed under the laws of the state(s) of Kansas and/or Missouri as a real estate licensee and agrees to use BROKER’S best efforts as BUYER’S/TENANT’S agent to locate property as described in this Agreement and (except where Disclosed Dual Agency in Missouri or Transaction Brokerage in Kansas or Missouri arises) to negotiate the terms and conditions for the procurement of said property. BUYER/TENANT understands and agrees that BROKER can show any property which is available for sale/lease, including properties which are listed with sellers/landlords with whom XXXXXX has a brokerage relationship. BROKER shall notify BUYER/TENANT and seller/landlord of BROKER’S intention to represent both of them (Disclosed Dual Agency is available only in Missouri), to represent neither but to assist both BUYER/TENANT and seller/landlord (Transaction Broker in both Kansas and Missouri), or designate an agent for the BUYER/TENANT and another to represent seller/landlord (Designated Agency in both Kansas and Missouri). BUYER understands that BROKER may show alternative properties not listed by BROKER to BUYER/TENANT and may show all such properties for sale to other buyers/tenants without breaching any duty or obligation to BUYER. • Transaction Broker. ( Kansas and Missouri). BUYER/TENANT acknowledges that BROKER may have clients who have retained BROKER to represent them in the sale/lease of property. If the property owned by one of these clients is one in which BUYER/TENANT becomes interested in making an offer, BROKER would be in the position of representing BUYER/TENANT and the seller/landlord in the same transaction. Unless designated agents have been appointed as provided below, this representation would constitute a dual agency (Missouri only). With the informed consent of both BUYER/TENANT and the seller/landlord, BROKER may act as a Transaction Broker. As a Transaction Broker, BROKER would assist the parties with the real estate transaction without being an agent or advocate for the interests of either party. A Transaction Broker has the duty to perform the terms of any written or oral agreement made with any party to the transaction; to exercise reasonable skill, care and diligence as a Transaction Broker, including but not limited to: presenting all offers and counteroffers in a timely manner regardless of whether the Property is subject to a Contract for sale or lease or a letter of intent; keeping the parties fully informed regarding the transaction and suggesting that such parties obtain expert advice as to material matters about which the Transaction Broker knows but the specifics of which are beyond the expertise of such broker; accounting in a timely manner for all money and property received; disclosing to each party to the transaction any adverse material facts of which the Transaction Broker has actual notice or knowledge; and assisting the parties in complying with the terms and conditions of any Contract. The parties to a transaction brokerage transaction shall not be liable for any acts of the Transaction Broker. The following information shall not be disclosed by a Transaction Broker without the informed consent of the party or parties disclosing such information to the Transaction Broker: that BUYER/TENANT is willing to pay more than the Purchase/Lease Price offered for the Property; that a seller/landlord is willing to accept less than the asking price for the Property; what the motivating factors are for any party buying, selling or leasing the property; that a seller or buyer will agree to financing terms other than those offered; any confidential information about the other party, unless disclosure of such information is required by law, statute, rules or regulations or failure to disclose such information would constitute fraud or dishonest dealing. A separate Transaction Broker Addendum must be signed by all parties when this arrangement is used.

BROKERAGE RELATIONSHIP DISCLOSURE. BROKER is duly licensed under the laws of the state(s) of Kansas and/or Missouri as a real estate licensee and agrees to use BROKER’S best efforts as BUYER’SSELLER/TENANT’S agent to locate property as described in this Agreement and (except where Disclosed Dual Agency in Missouri or Transaction Brokerage in Kansas or Missouri arises) to negotiate the terms and conditions for the procurement of said property. BUYER/TENANT LANDLORD understands and agrees that BROKER can show any property which is available for sale/leasethe Property and obtain offers from all prospective Buyers, including properties which are listed with sellers/landlords Buyers with whom XXXXXX BROKER has a brokerage relationship. BROKER shall notify BUYERSELLER/TENANT LANDLORD and seller/landlord Buyer of BROKER’S intention to represent both of them (Disclosed Dual Agency is available only in Missouri), to represent neither but to assist both BUYERthe Buyer and SELLER/TENANT and seller/landlord LANDLORD (Transaction Broker Brokerage is available in both Kansas and Missouri), or designate an agent for the BUYER/TENANT Buyer and another to represent sellerSELLER/landlord LANDLORD (Designated Agency is available in both Kansas and Missouri). BUYER SELLER/LANDLORD also understands and agrees that as part of the marketing of the Property, BROKER will be showing Buyers properties other than the Property and providing Buyers with information on selling prices in the area. SELLER/LANDLORD understands that BROKER may show alternative properties not listed owned by BROKER SELLER/LANDLORD to BUYER/TENANT prospects and may show all such list competing properties for sale to other buyers/tenants without breaching any duty or obligation to BUYERSELLER. • Transaction Broker. ( (Kansas and Missouri). BUYERSELLER/TENANT LANDLORD acknowledges that BROKER may have Buyer clients who have retained BROKER to represent them in the sale/lease acquisition of property. If the property owned by one of these clients is one in which BUYER/TENANT becomes interested in making an offeroffer on the Property, BROKER would be in the position of representing BUYERthe Buyer and SELLER/TENANT and the seller/landlord LANDLORD in the same transaction. Unless designated agents have been appointed as provided below, this representation would constitute a dual agency (Missouri only). With the informed consent of both BUYERSELLER/TENANT LANDLORD and the seller/landlordBuyer, BROKER may act as a Transaction Broker. As a Transaction Broker, BROKER would assist the parties with the real estate transaction without being an agent or advocate for the interests of either party. A Transaction Broker has the duty to perform the terms of any written or oral agreement made with any party to the transaction; to exercise reasonable skill, care and diligence as a Transaction Broker, including but not limited to: presenting all offers and counteroffers in a timely manner regardless of whether the Property is subject to a Contract for sale or lease or a letter of intent; keeping the parties fully informed regarding the transaction and suggesting that such parties obtain expert advice as to material matters about which the Transaction Broker knows but the specifics of which are beyond the expertise of such broker; accounting in a timely manner for all money and property received; disclosing to each party to the transaction any adverse material facts of which the Transaction Broker has actual notice or knowledge; and assisting the parties in complying with the terms and conditions of any Contract. The parties to a transaction brokerage transaction shall not be liable for any acts of the Transaction Broker. The following information shall not be disclosed by a Transaction Broker without the informed consent of the party or parties disclosing such information to the Transaction BrokerBROKER: that BUYER/TENANT a Buyer is willing to pay more than the Purchase/Lease Purchase Price offered for the Property; that a sellerSELLER/landlord LANDLORD is willing to accept less than the asking price for the Property; what the motivating factors are for any party buying, selling or leasing the property; that the SELLER/LANDLORD or a seller or buyer Buyer will agree to financing terms other than those offered; any confidential information about the other party, unless disclosure of such information is required by law, statute, rules or regulations or failure to disclose such information would constitute fraud or dishonest dealing. (A separate Transaction Broker Addendum Amendment must be signed by all parties when this arrangement is used.)

BROKERAGE RELATIONSHIP DISCLOSURE. BROKER is duly licensed under the laws of the state(s) of Kansas and/or Missouri as a real estate licensee and agrees to use BROKER’S best efforts as BUYER’S/TENANT’S agent to locate property as described in this Agreement and (except where Disclosed Dual Agency in Missouri or Transaction Brokerage in Kansas or Missouri arises) to negotiate the terms and conditions for the procurement of said property. BUYER/TENANT understands and agrees that BROKER can show any property which is available for sale/lease, including properties which are listed with sellers/landlords with whom XXXXXX BROKER has a brokerage relationship. BROKER shall notify BUYER/TENANT and seller/landlord of BROKER’S intention to represent both of them (Disclosed Dual Agency is available only in Missouri), to represent neither but to assist both BUYER/TENANT and seller/landlord (Transaction Broker in both Kansas and Missouri), or designate an agent for the BUYER/TENANT and another to represent seller/landlord (Designated Agency in both Kansas and Missouri). BUYER understands that BROKER may show alternative properties not listed by BROKER to BUYER/TENANT and may show all such properties for sale to other buyers/tenants without breaching any duty or obligation to BUYER. • Transaction Broker. ( Kansas and Missouri). BUYER/TENANT acknowledges that BROKER may have clients who have retained BROKER to represent them in the sale/lease of property. If the property owned by one of these clients is one in which BUYER/TENANT becomes interested in making an offer, BROKER would be in the position of representing BUYER/TENANT and the seller/landlord in the same transaction. Unless designated agents have been appointed as provided below, this representation would constitute a dual agency (Missouri only). With the informed consent of both BUYER/TENANT and the seller/landlord, BROKER may act as a Transaction Broker. As a Transaction Broker, BROKER would assist the parties with the real estate transaction without being an agent or advocate for the interests of either party. A Transaction Broker has the duty to perform the terms of any written or oral agreement made with any party to the transaction; to exercise reasonable skill, care and diligence as a Transaction Broker, including but not limited to: presenting all offers and counteroffers in a timely manner regardless of whether the Property is subject to a Contract for sale or lease or a letter of intent; keeping the parties fully informed regarding the transaction and suggesting that such parties obtain expert advice as to material matters about which the Transaction Broker knows but the specifics of which are beyond the expertise of such broker; accounting in a timely manner for all money and property received; disclosing to each party to the transaction any adverse material facts of which the Transaction Broker has actual notice or knowledge; and assisting the parties in complying with the terms and conditions of any Contract. The parties to a transaction brokerage transaction shall not be liable for any acts of the Transaction Broker. The following information shall not be disclosed by a Transaction Broker without the informed consent of the party or parties disclosing such information to the Transaction Broker: that BUYER/TENANT is willing to pay more than the Purchase/Lease Price offered for the Property; that a seller/landlord is willing to accept less than the asking price for the Property; what the motivating factors are for any party buying, selling or leasing the property; that a seller or buyer will agree to financing terms other than those offered; any confidential information about the other party, unless disclosure of such information is required by law, statute, rules or regulations or failure to disclose such information would constitute fraud or dishonest 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 dealing. A separate Transaction Broker Addendum must be signed by all parties when this arrangement is used.