Common use of Broker’s and Seller’s Duties Clause in Contracts

Broker’s and Seller’s Duties. a. Broker’s Duties to Seller. Broker shall promote the interests of the Seller by: (1) seeking a sale price at the price and terms stated in this Agreement or at a price and terms acceptable to Seller; provided, however, Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a Contract to Sell, unless brokerage engagement so provides; (2) timely presenting all offers to and from the Seller, even when Property is subject to a Contract to Sell; (3) disclosing to the Seller material facts which the Broker has actual knowledge concerning the transaction; (4) advising Seller to obtain expert advice as to material matters which are beyond the expertise of Broker; and (5) timely accounting for all money and property received in which the Seller has or may have an interest. b. Broker shall keep confidential all information received by Broker during the course of the engagement which is made confidential by an express request or instruction from Seller unless Seller permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between Broker and any of Broker’s affiliated licensees assisting Broker in representing Seller shall not be deemed to breach the duty of confidentiality described above.

Appears in 2 contracts

Samples: Exclusive Seller Brokerage Engagement Agreement, Exclusive Seller Brokerage Engagement Agreement

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Broker’s and Seller’s Duties. a. Broker’s Duties to Seller. Broker shall promote the interests of the Seller by: (1) seeking a sale price at the price and terms stated state in this Agreement or at a price and terms acceptable to Seller; provided, however, Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a Contract to Sell, unless brokerage engagement so provides; (2) timely presenting all offers to and from the Seller, even when Property Prope ty is subject to a Contract to Sell; (3) disclosing to the Seller material facts which the Broker has actual knowledge concerning the transaction; (4) advising Seller to obtain expert advice as to material matters which are beyond the expertise of Broker; and (5) timely accounting for all money and property received in which the Seller has or may have an interest. b. Broker shall keep confidential all information received by Broker during the course of the engagement which is made confidential by an express request or instruction from Seller unless Seller permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between Broker and any of Broker’s affiliated licensees licensee assisting Broker in representing Seller shall not be deemed to breach the duty of confidentiality described above.

Appears in 1 contract

Samples: Non Exclusive Seller Brokerage Engagement Agreement

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Broker’s and Seller’s Duties. a. Broker’s Duties to Seller. Broker shall promote the interests of the Seller by: (1) seeking a sale price at the price and terms stated state in this Agreement or at a price and terms acceptable to Seller; provided, however, Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a Contract to Sell, unless brokerage engagement so provides; (2) timely presenting all offers to and from the Seller, even when Property is subject to a Contract to Sell; (3) disclosing to the Seller material facts which the Broker has actual knowledge concerning the transaction; (4) advising Seller to obtain expert advice as to material matters which are beyond the expertise of Broker; and (5) timely accounting accountin for all money and property received in which the Seller has or may have an interest.. FO b. Broker shall keep confidential all information received by Broker during the course of the engagement which is made confidential by an express request or instruction from Seller unless Seller permits such disclosure by subsequent word or conduct, or such disclosure is required by law; provided, however, that disclosures between Broker and any of Broker’s affiliated licensees licensee assisting Broker in representing Seller shall not be deemed to breach the duty of confidentiality described above.

Appears in 1 contract

Samples: Exclusive Seller Brokerage Engagement Agreement

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