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2015-08-12 CC Set Agenda w-Handouts
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2015-08-12 CC Set Agenda w-Handouts
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10. FORFEITURE OF EARNEST MONEY: If a Buyer of the Property defaults <br /> and, as a result,forfeits the earnest money, Seller will receive Eighty(80%)and <br /> Broker will receive Twenty(20%)of the earnest money. <br /> 11. DUAL AGENCY DISCLOSURE: If a Buyer represented by Broker becomes <br /> interested in the Property,a dual agency will be created. This means that Broker <br /> will represent both Seller and the Buyer and owes the same duties to the Buyer <br /> that Broker owes to Seller. This conflict of interest will prohibit Broker from <br /> advocating exclusively on Seller's behalf. Dual agency will limit the level of <br /> representation which Broker can provide. <br /> If a dual agency should arise, Seller will need to agree that confidential <br /> information about price,terms and motivation will still be kept confidential unless <br /> Seller instructs Broker in writing to disclose specific information about Seller. <br /> All other information will be shared. Broker cannot act as a dual agent unless <br /> both Seller and the Buyer agree to it. By agreeing to a possible dual agency, <br /> Seller will be giving up the right to exclusive representation in an in-house <br /> transaction. However, if Seller should decide not to agree to a possible dual <br /> agency,and Seller wants Broker to represent Seller, Seller may give up the <br /> opportunity to lease the Property to purchasers or Buyers represented by Broker. <br /> SELLER'S INSTRUCTIONS TO BROKER <br /> Having read and understood this information about dual agency, Seller now instructs Broker as <br /> follows: <br /> X Seller will agree to a dual agency representation and will consider offers made by tenants <br /> represented by Broker. <br /> Seller will not agree to a dual agency representation and will not consider offers made by <br /> tenants represented by Broker. <br /> Seller: (signature) Broker: (signature) <br /> 12. MISCELLANEOUS: <br /> A. Seller understands that Broker may list other properties during the term of this <br /> Listing Agreement which may compete with Seller's property for potential <br /> buyers. <br /> B. This Agreement is binding upon the heirs,successors,and assigns of the <br /> parties. <br /> C All the representations and covenants of this Agreement shall survive and be <br /> enforceable after termination of the Agreement. <br /> D. This Agreement constitutes the complete agreement between the parties and <br /> supersedes any prior oral or written agreements between the parties relative to <br /> 4 <br />
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