Common use of Cooperating Agent Compensation Clause in Contracts

Cooperating Agent Compensation. 5.1. The Landlord(s) grants to MLS ASAP! the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to Tenant’s Agents and Facilitators. 5.2. In order to protect the Landlord(s) from “Vicarious Liability” (the potential for a landlord to be held liable for a misrepresentation or an act or omission of a “Landlord’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), MLS ASAP!, under the Landlord(s) authorization, will not offer a commission to a “Landlord’s Agent” (aka Subagent). 5.3. In an amount chosen by the Landlord(s), the Landlord(s) individually and/or jointly hereby agree to pay to a Tenant’s Agent or Facilitator (excludes MLS ASAP!) a “percentage of the first, full month lease rate” or a “flat dollar amount”, as noted below, to be paid to the Tenant’s Agent’s or Facilitator’s office, (not to MLS ASAP!), only if a Tenant is procured by the Tenant’s Agent or Facilitator, and is ready, willing and able to lease said property, or any part, thereof, in accordance with the price, terms and conditions of this agreement, or other such price, terms and conditions acceptable to the Landlord(s). 5.3.1. Amount to be paid to Tenant’s Agent: % of the first, full month lease rate or flat dollar amount. 5.3.2. Amount to be paid to Facilitator: % of the first, full month lease rate or flat dollar amount. 5.4. The Landlord(s) understands that by law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.5. Cooperating Agent compensation is only due when a Lease Agreement is executed by all parties and payment of the “first, full month lease rate” is received by the Landlord(s). A commission will never be due and paid to MLS ASAP!. 5.6. MLS ASAP! will not be liable for any compensation due a cooperating agent (Tenant’s Agent or Facilitator). 5.7. Under applicable law, compensation due to a cooperating agent must be paid to the agent’s office and not to the agent personally. 5.8. The Landlord(s) understands that regardless of how compensated, a Tenant’s Agent represents the interests of the Tenant; not the Landlord(s). 5.9. It is the Landlord(s) sole responsibility to verify, confirm and ensure that the real estate commission (“percentage of the first, full month lease rate” or “flat dollar amount”), which is due and payable to a Tenant’s Agent or Facilitator, is included (written) within the Lease Agreement. 5.10. The commission, which the Landlord(s) has indicated within this Listing Agreement, will still be due and payable, if the subject real property or any part thereof, is leased, within thirty (30) days after the term of this agreement to a Tenant, who was introduced to the subject real property through the efforts of a Tenant’s Agent or Facilitator (excluding MLS ASAP!) during the term of this agreement. 5.10.1. In the event, the Landlord(s) enters into another Listing Agreement, with MLS ASAP! or another licensed real estate broker, and under the terms and conditions of that Listing Agreement, the Landlord(s) is obligated to pay cooperation agent compensation, this provision will become null and void and the terms and conditions of that Listing Agreement shall supersede.

Cooperating Agent Compensation. 5.1. The Landlord(s) grants to MLS ASAPBe Happy! Realty the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to Tenant’s Agents and Facilitators. 5.2. In order to protect the Landlord(s) from “Vicarious Liability” (the potential for a landlord to be held liable for a misrepresentation or an act or omission of a “Landlord’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), MLS ASAP!Be Happy! Realty, under the Landlord(s) authorization, will not offer a commission to a “Landlord’s Agent” (aka Subagent). 5.3. In an amount chosen by the Landlord(s), the Landlord(s) individually and/or jointly hereby agree to pay to a Tenant’s Agent or Facilitator (excludes MLS ASAP!Be Happy! Realty) a “percentage of the first, full month lease rate” or a “flat dollar amount”, as noted below, to be paid to the Tenant’s Agent’s or Facilitator’s office, (not to MLS ASAP!Be Happy! Realty), only if a Tenant is procured by the Tenant’s Agent or Facilitator, and is ready, willing and able to lease said property, or any part, thereof, in accordance with the price, terms and conditions of this agreement, or other such price, terms and conditions acceptable to the Landlord(s).. (check applicable or provide “Other Amount”): 5.3.1. Amount to be paid to Tenant’s Agent: % of the first, full month lease rate or flat dollar amount. 5.3.2. Amount to be paid to Facilitator: % of the first, full month lease rate or flat dollar amount. 5.4. The Landlord(s) understands that by By law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.55.3.2. Cooperating Agent compensation As a business decision, Be Happy! Realty elects not to contract with a landlord, who elects to offer cooperating agent compensation, which is only due when lower than 25%. 5.3.3. The Landlord(s) may elect to offer cooperating agent compensation, in the form of a Lease Agreement is executed by all parties and payment “flat dollar amount” rather than a “percentage of the “first, full month lease rate” is received by the Landlord(s)”. A commission will never be due and paid to MLS ASAP!. 5.6. MLS ASAPBe Happy! will not be liable for any compensation due a cooperating agent (Tenant’s Agent or Facilitator). 5.7. Under applicable law, compensation due to a cooperating agent must be paid to the agent’s office and not to the agent personally. 5.8. The Landlord(s) understands that regardless of how compensated, a Tenant’s Agent represents the interests of the Tenant; not the Landlord(s). 5.9. It is Realty recommends the Landlord(s) sole responsibility to verify, confirm and ensure that the real estate commission (elect a “percentage of the first, full month lease rate” or because a “flat dollar amount” is a rarity with residential real estate (more common with commercial real estate). 5.3.4. If the Landlord(s) elects to offer cooperating agent compensation, in the form of a “flat dollar amount”), which is due and payable the “flat dollar amount" must be equal to a Tenant’s Agent or Facilitator, is included (written) within the Lease Agreement. 5.10. The commission, which the Landlord(s) has indicated within this Listing Agreement, will still be due and payable, if greater than 25% of the subject real property or any part thereof“Monthly Lease Rate”; or, is leasedas a business decision, within thirty (30) days after the term of this agreement Be Happy! Realty will elect not to a Tenant, who was introduced to the subject real property through the efforts of a Tenant’s Agent or Facilitator (excluding MLS ASAP!) during the term of this agreement. 5.10.1. In the event, contract with the Landlord(s) enters into another Listing Agreement, with MLS ASAP! or another licensed real estate broker, and under the terms and conditions of that Listing Agreement, the Landlord(s) is obligated to pay cooperation agent compensation, this provision will become null and void and the terms and conditions of that Listing Agreement shall supersede).

Cooperating Agent Compensation. 5.1. The Landlord(sSeller(s) grants to MLS ASAPBe Happy! Realty the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to TenantXxxxx’s Agents and Facilitators. 5.2. In order to protect the Landlord(sSeller(s) from “Vicarious Liability” (the potential for a landlord seller to be held liable for a misrepresentation or an act or omission of a “LandlordSeller’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), MLS ASAP!Be Happy! Realty, under the Landlord(sSeller(s) authorization, will not offer a commission to a “LandlordSeller’s Agent” (aka Subagent). 5.3. In an amount chosen by the Landlord(sSeller(s), the Landlord(sSeller(s) individually and/or jointly hereby agree to pay to a TenantBuyer’s Agent or Facilitator (excludes MLS ASAP!Be Happy! Realty) a “percentage of the first, full month lease ratesale price” or a “flat dollar amount”, as noted below, to be paid to the TenantBuyer’s Agent’s or Facilitator’s office, (not to MLS ASAP!Be Happy! Realty), only if a Tenant Buyer is procured by the TenantBuyer’s Agent or Facilitator, and is ready, willing and able to lease buy said property, or any part, thereof, in accordance with the price, terms and conditions of this agreement, or other such price, terms and conditions acceptable to the Landlord(sSeller(s).. (check applicable or provide “Other Amount”): 5.3.1. Amount to be paid to Tenant’s Agent: % of the first, full month lease rate or flat dollar amount. 5.3.2. Amount to be paid to Facilitator: % of the first, full month lease rate or flat dollar amount. 5.4. The Landlord(s) understands that by By law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.55.3.2. As a business decision, Be Happy! Realty elects not to contract with a seller, who elects to offer cooperating agent compensation, which is lower than 1%. 5.3.3. The Seller(s) may elect to offer cooperating agent compensation, in the form of a “flat dollar amount” rather than a “percentage of the sale price”. Be Happy! Realty recommends the Seller(s) elect a “percentage of the sale price” because a “flat dollar amount” is a rarity with residential real estate (more common with commercial real estate). 5.3.4. If the Seller(s) elects to offer cooperating agent compensation, in the form of a “flat dollar amount”, the “flat dollar amount" must be equal to or greater than 1% of the subject real property List Price; or, as a business decision, Be Happy! Realty will elect not to contract with the Seller(s). 5.4. Cooperating Agent compensation is only due when a Lease Agreement the Deed is executed by all parties recorded and payment of considerations paid to the “first, full month lease rate” is received by the Landlord(sSeller(s). A commission will never be due and paid to MLS ASAP!Be Happy! Realty. 5.65.5. MLS ASAPBe Happy! Realty will not be liable for any compensation due a cooperating agent (TenantXxxxx’s Agent or Facilitator). 5.75.6. Under applicable law, compensation due to a cooperating agent must be paid to the agent’s office and not to the agent personally. 5.8. The Landlord(s) understands that regardless Cooperating agent compensation should be paid by the closing attorney, at time of how compensated, a Tenant’s Agent represents the interests of the Tenant; not the Landlord(s). 5.9. It is the Landlord(s) sole responsibility to verify, confirm and ensure that the real estate commission (“percentage of the first, full month lease rate” or “flat dollar amount”), which is due and payable to a Tenant’s Agent or Facilitator, is included (written) within the Lease Agreement. 5.10. The commission, which the Landlord(s) has indicated within this Listing Agreement, will still be due and payable, if the subject real property or any part thereof, is leased, within thirty (30) days after the term of this agreement to a Tenant, who was introduced to the subject real property through the efforts of a Tenant’s Agent or Facilitator (excluding MLS ASAP!) during the term of this agreement. 5.10.1. In the event, the Landlord(s) enters into another Listing Agreement, with MLS ASAP! or another licensed real estate brokerclosing, and under listed on the terms and conditions of that Listing Agreement, the Landlord(s) is obligated to pay cooperation agent compensation, this provision will become null and void and the terms and conditions of that Listing Agreement shall supersedeSettlement Statement.

Cooperating Agent Compensation. 5.1. The Landlord(sSeller(s) grants to MLS ASAP! the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to TenantBuyer’s Agents and Facilitators. 5.2. In order to protect the Landlord(sSeller(s) from “Vicarious Liability” (the potential for a landlord seller to be held liable for a misrepresentation or an act or omission of a “LandlordSeller’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), MLS ASAP!, under the Landlord(sSeller(s) authorization, will not offer a commission to a “LandlordSeller’s Agent” (aka Subagent). 5.3. In an amount chosen by the Landlord(sSeller(s), the Landlord(sSeller(s) individually and/or jointly hereby agree to pay to a TenantBuyer’s Agent or Facilitator (excludes MLS ASAP!) a “percentage of the first, full month lease ratenet sale price” or a “flat dollar amount”, as noted below, to be paid to the TenantBuyer’s Agent’s or Facilitator’s office, (not to MLS ASAP!), only if a Tenant Buyer is procured by the TenantBuyer’s Agent or Facilitator, and is ready, willing and able to lease buy said property, or any part, thereof, in accordance with the price, terms and conditions of this agreement, or other such price, terms and conditions acceptable to the Landlord(sSeller(s). 5.3.1. Amount to be paid to TenantBuyer’s Agent: % of the first, full month lease rate net sale price or flat dollar amount. 5.3.2. Amount to be paid to Facilitator: % of the first, full month lease rate net sale price or flat dollar amount. 5.4. The Landlord(sSeller(s) understands that by law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.5. Cooperating Agent compensation is only due when a Lease Agreement the Deed is executed by all parties recorded and payment of considerations paid to the “first, full month lease rate” is received by the Landlord(sSeller(s). A commission will never be due and paid to MLS ASAP!. 5.6. MLS ASAP! will not be liable for any compensation due a cooperating agent (TenantBuyer’s Agent or Facilitator). 5.7. Under applicable law, compensation due to a cooperating agent must be paid to the agent’s office and not to the agent personally. Cooperating agent compensation should be paid by the closing attorney, at time of closing, and listed on the Settlement Statement. 5.8. The Landlord(sSeller(s) understands that regardless of how compensated, a TenantBuyer’s Agent represents the interests of the TenantBuyer; not the Landlord(sSeller(s). 5.9. It is the Landlord(sSeller(s) sole responsibility to verify, confirm and ensure that the real estate commission (“percentage of the first, full month lease ratesale price” or “flat dollar amount”), which is due and payable to a TenantBuyer’s Agent or Facilitator, is included (written) within the Lease Purchase and Sale Agreement. 5.10. The commission, which the Landlord(sSeller(s) has indicated within this Listing Agreement, will still be due and payable, if the subject real property or any part thereof, is leasedsold, within thirty (30) days after the term of this agreement to a TenantBuyer, who was introduced to the subject real property through the efforts of a TenantBuyer’s Agent or Facilitator (excluding MLS ASAP!) during the term of this agreement. 5.10.1. In the event, the Landlord(sSeller(s) enters into another Listing Agreement, with MLS ASAP! or another licensed real estate broker, and under the terms and conditions of that Listing Agreement, the Landlord(sSeller(s) is obligated to pay cooperation agent compensation, this provision will become null and void and the terms and conditions of that Listing Agreement shall supersede.