Common use of Cooperating Agent Compensation Clause in Contracts

Cooperating Agent Compensation. 5.1. The Seller(s) grants to Be Happy! Realty the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to ▇▇▇▇▇’s Agents and Facilitators. 5.2. In order to protect the Seller(s) from “Vicarious Liability” (the potential for a seller to be held liable for a misrepresentation or an act or omission of a “Seller’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), Be Happy! Realty, under the Seller(s) authorization, will not offer a commission to a “Seller’s Agent” (aka Subagent). 5.3. In an amount chosen by the Seller(s), the Seller(s) individually and/or jointly hereby agree to pay to a Buyer’s Agent or Facilitator (excludes Be Happy! Realty) a “percentage of the sale price” or a “flat dollar amount”, as noted below, to be paid to the Buyer’s Agent’s or Facilitator’s office, (not to Be Happy! Realty), only if a Buyer is procured by the Buyer’s Agent or Facilitator, and is ready, willing and able to 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 Seller(s). (check applicable or provide “Other Amount”): 5.3.1. By law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.3.2. 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 the Deed is recorded and considerations paid to the Seller(s). A commission will never be due and paid to Be Happy! Realty. 5.5. Be Happy! Realty will not be liable for any compensation due a cooperating agent (▇▇▇▇▇’s Agent or Facilitator). 5.6. 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.

Cooperating Agent Compensation. 5.1. The Seller(sLandlord(s) grants to Be HappyMLS ASAP! 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 Seller(sLandlord(s) from “Vicarious Liability” (the potential for a seller landlord to be held liable for a misrepresentation or an act or omission of a “SellerLandlord’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), Be Happy! RealtyMLS ASAP!, under the Seller(sLandlord(s) authorization, will not offer a commission to a “SellerLandlord’s Agent” (aka Subagent). 5.3. In an amount chosen by the Seller(sLandlord(s), the Seller(sLandlord(s) individually and/or jointly hereby agree to pay to a BuyerTenant’s Agent or Facilitator (excludes Be Happy! RealtyMLS ASAP!) a “percentage of the sale pricefirst, full month lease rate” or a “flat dollar amount”, as noted below, to be paid to the BuyerTenant’s Agent’s or Facilitator’s office, (not to Be Happy! RealtyMLS ASAP!), only if a Buyer Tenant is procured by the BuyerTenant’s Agent or Facilitator, and is ready, willing and able to buy 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 Seller(sLandlord(s). (check applicable or provide “Other Amount”):. 5.3.1. By 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. 5.3.2. 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). 5.45.5. Cooperating Agent compensation is only due when a Lease Agreement is executed by all parties and payment of the Deed “first, full month lease rate” is recorded and considerations paid to received by the Seller(sLandlord(s). A commission will never be due and paid to Be Happy! RealtyMLS ASAP!. 5.55.6. Be HappyMLS ASAP! Realty will not be liable for any compensation due a cooperating agent (▇▇▇▇▇Tenant’s Agent or Facilitator). 5.65.7. 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. Cooperating agent compensation should 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 paid by due and payable, if the closing attorneysubject real property or any part thereof, at time is leased, within thirty (30) days after the term of closingthis 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 listed on under the Settlement Statementterms 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 Seller(sLandlord(s) grants to Be 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 Seller(sLandlord(s) from “Vicarious Liability” (the potential for a seller landlord to be held liable for a misrepresentation or an act or omission of a “SellerLandlord’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), Be Happy! Realty, under the Seller(sLandlord(s) authorization, will not offer a commission to a “SellerLandlord’s Agent” (aka Subagent). 5.3. In an amount chosen by the Seller(sLandlord(s), the Seller(sLandlord(s) individually and/or jointly hereby agree to pay to a BuyerTenant’s Agent or Facilitator (excludes Be Happy! Realty) a “percentage of the sale pricefirst, full month lease rate” or a “flat dollar amount”, as noted below, to be paid to the BuyerTenant’s Agent’s or Facilitator’s office, (not to Be Happy! Realty), only if a Buyer Tenant is procured by the BuyerTenant’s Agent or Facilitator, and is ready, willing and able to buy 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 Seller(sLandlord(s). (check applicable or provide “Other Amount”): 5.3.1. By law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.3.2. As a business decision, Be Happy! Realty elects not to contract with a sellerlandlord, who elects to offer cooperating agent compensation, which is lower than 125%. 5.3.3. The Seller(sLandlord(s) may elect to offer cooperating agent compensation, in the form of a “flat dollar amount” rather than a “percentage of the sale pricefirst, full month lease rate”. Be Happy! Realty recommends the Seller(sLandlord(s) elect a “percentage of the sale pricefirst, full month lease rate” because a “flat dollar amount” is a rarity with residential real estate (more common with commercial real estate). 5.3.4. If the Seller(sLandlord(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 125% of the subject real property List Price“Monthly Lease Rate”; or, as a business decision, Be Happy! Realty will elect not to contract with the Seller(sLandlord(s). 5.4. Cooperating Agent compensation is only due when the Deed is recorded and considerations paid to the Seller(s). A commission will never be due and paid to Be Happy! Realty. 5.5. Be Happy! Realty will not be liable for any compensation due a cooperating agent (▇▇▇▇▇’s Agent or Facilitator). 5.6. 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.

Cooperating Agent Compensation. 5.1. The Seller(s) grants to Be HappyMLS ASAP! Realty the authority to list the subject real property in the MLS and in doing so, offers cooperating agent compensation to ▇▇▇▇▇Buyer’s Agents and Facilitators. 5.2. In order to protect the Seller(s) from “Vicarious Liability” (the potential for a seller to be held liable for a misrepresentation or an act or omission of a “Seller’s Agent” (aka “Subagent”), as described in the “Massachusetts Mandatory Consumer Licensee Disclosure Form”), Be Happy! RealtyMLS ASAP!, under the Seller(s) authorization, will not offer a commission to a “Seller’s Agent” (aka Subagent). 5.3. In an amount chosen by the Seller(s), the Seller(s) individually and/or jointly hereby agree to pay to a Buyer’s Agent or Facilitator (excludes Be Happy! RealtyMLS ASAP!) a “percentage of the net sale price” or a “flat dollar amount”, as noted below, to be paid to the Buyer’s Agent’s or Facilitator’s office, (not to Be Happy! RealtyMLS ASAP!), only if a Buyer is procured by the Buyer’s Agent or Facilitator, and is ready, willing and able to 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 Seller(s). (check applicable or provide “Other Amount”):. 5.3.1. By Amount to be paid to Buyer’s Agent: % of the net sale price or flat dollar amount. 5.3.2. Amount to be paid to Facilitator: % of the net sale price or flat dollar amount. 5.4. The Seller(s) understands that by law cooperating agent compensation (commission) is negotiable and not fixed by any state or federal law. 5.3.2. 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). 5.45.5. Cooperating Agent compensation is only due when the Deed is recorded and considerations paid to the Seller(s). A commission will never be due and paid to Be Happy! RealtyMLS ASAP!. 5.55.6. Be HappyMLS ASAP! Realty will not be liable for any compensation due a cooperating agent (▇▇▇▇▇Buyer’s Agent or Facilitator). 5.65.7. 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 Seller(s) understands that regardless of how compensated, a Buyer’s Agent represents the interests of the Buyer; not the Seller(s). 5.9. It is the Seller(s) sole responsibility to verify, confirm and ensure that the real estate commission (“percentage of the sale price” or “flat dollar amount”), which is due and payable to a Buyer’s Agent or Facilitator, is included (written) within the Purchase and Sale Agreement. 5.10. The commission, which the Seller(s) has indicated within this Listing Agreement, will still be due and payable, if the subject real property or any part thereof, is sold, within thirty (30) days after the term of this agreement to a Buyer, who was introduced to the subject real property through the efforts of a Buyer’s Agent or Facilitator (excluding MLS ASAP!) during the term of this agreement. 5.10.1. In the event, the Seller(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 Seller(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.