Common use of Firm’s Role as Dual Agent Clause in Contracts

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller and a buyer in a transaction involving the Property, Firm shall make every reasonable effort to represent Seller and buyer in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller and buyer. Seller understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s exclusive agent; (2) In its separate representation of Seller and buyer, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller and buyer any known or reasonably ascertainable material facts. Seller agrees Firm shall not be liable to Seller for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s bargaining position but could benefit the other party.

Appears in 13 contracts

Samples: Exclusive Right to Sell Listing Agreement, Exclusive Right to Sell Listing Agreement, Exclusive Right to Sell Listing Agreement

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Firm’s Role as Dual Agent. If Firm serves as agent for both Seller Client and a buyer buyer/tenant in a transaction involving the Property, Firm shall make every reasonable effort to represent Seller Client and buyer buyer/tenant in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller Client and buyer/tenant. Seller Client understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as SellerClient’s exclusive agent; (2) In its separate representation of Seller Client and buyer/tenant, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller Client and buyer buyer/tenant any known or reasonably ascertainable material facts. Seller Client agrees Firm shall not be liable to Seller Client for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 9 contracts

Samples: Exclusive Right to Lease and/or Sell Listing Agreement, Exclusive Right to Lease and/or Sell Listing Agreement, Exclusive Right to Lease and/or Sell Listing Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller Buyer and a buyer seller in a transaction involving the Propertytransaction, Firm shall make every reasonable effort to represent Seller Buyer and buyer seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller Buyer and buyerseller. Seller Buyer understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as SellerBuyer’s exclusive agent; (2) In its separate representation of Seller Buyer and buyerseller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller Buyer and buyer seller any known or reasonably ascertainable material facts. Seller Buyer agrees Firm shall not be liable to Seller Buyer for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 4 contracts

Samples: Exclusive Buyer Agency Agreement, Exclusive Buyer Agency Agreement, Exclusive Buyer Agency Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller and a buyer in a transaction involving the Property, Firm shall make every reasonable effort to represent Seller and buyer in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller and buyer. Seller understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s Seller‟s exclusive agent; (2) In its separate representation of Seller and buyer, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller and buyer any known or reasonably ascertainable material facts. Seller agrees Firm shall not be liable to Seller for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 3 contracts

Samples: Exclusive Right to Sell Listing Agreement, Exclusive Right to Sell Listing Agreement, Exclusive Right to Sell Listing Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller and a buyer in a transaction involving the Property, Firm shall make every reasonable effort to represent Seller and buyer in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller and buyer. Seller understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s exclusive agent; (2) In its separate representation of Seller and buyer, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller and buyer any known or reasonably ascertainable material facts. Seller agrees Firm shall not be liable to Seller for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 2 contracts

Samples: Exclusive Right to Sell Listing Agreement, Exclusive Right to Sell Listing Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller Buyer and a buyer seller in a transaction involving the Propertytransaction, Firm shall make every reasonable effort to represent Seller Buyer and buyer seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller Xxxxx and buyerseller. Seller Xxxxx understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as SellerXxxxx’s exclusive agent; (2) In its separate representation of Seller Buyer and buyerseller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller Buyer and buyer seller any known or reasonably ascertainable material facts. Seller Xxxxx agrees Firm shall not be liable to Seller Buyer for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 2 contracts

Samples: Exclusive Buyer Agency Agreement, Exclusive Buyer Agency Agreement

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Firm’s Role as Dual Agent. If Firm serves as agent for both Seller Buyer and a buyer seller in a transaction involving the Propertytransaction, Firm shall make every reasonable effort to represent Seller Buyer and buyer seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller Buyer and buyerseller. Seller Buyer understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s Buyer‟s exclusive agent; (2) In its separate representation of Seller Buyer and buyerseller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller Buyer and buyer seller any known or reasonably ascertainable material facts. Seller Buyer agrees Firm shall not be liable to Seller Buyer for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 2 contracts

Samples: Exclusive Buyer Agency Agreement, Exclusive Buyer Agency Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller Buyer and a buyer seller in a transaction involving the Propertytransaction, Firm shall make every reasonable effort to represent Seller Buyer and buyer seller in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller Buyer and buyerseller. Seller Buyer understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s Buyer's exclusive agent; (2) In its separate representation of Seller Buyer and buyerseller, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller Buyer and buyer seller any known or reasonably ascertainable material facts. Seller Buyer agrees Firm shall not be liable to Seller Buyer for (i) disclosing material facts required by law to be disclosed, and (ii) refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could benefit the other party.

Appears in 1 contract

Samples: Buyer Agency Agreement

Firm’s Role as Dual Agent. If Firm serves as agent for both Seller and a buyer Buyer/tenant in a transaction involving the Property, Firm shall make every reasonable effort to represent Seller and buyer buyer/tenant in a balanced and fair manner. Firm shall also make every reasonable effort to encourage and effect communication and negotiation between Seller and buyer/tenant. Seller understands and acknowledges that: (1) Prior to the time dual agency occurs, Firm will act as Seller’s exclusive agent; (2) In its separate representation of Seller and buyer/tenant, Firm may obtain information which, if disclosed, could harm the bargaining position of the party providing such information to Firm; (3) Firm is required by law to disclose to Seller and buyer buyer/tenant any known or reasonably ascertainable material facts. Seller agrees Firm shall not be liable to Seller for (i) disclosing for: i. Disclosing material facts required by law to be disclosed, and (and ii) refusing . Refusing or failing to disclose other information the law does not require to be disclosed which could harm or compromise one party’s 's bargaining position but could may benefit the other party.

Appears in 1 contract

Samples: Exclusive Right to Sell Listing Agreement

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