Be a Better Buyer packet

COLDWELL BANKER HOWARD PERRY AND WALSTON EXCLUSIVE BUYER AGENCY AGREEMENT [Consult the Guidelines for guidance in completing this form]

This EXCLUSIVE BUYER AGENCY AGREEMENT (“Agreement”) is entered into this _______________________(date), between_________________________________________________________________________________as Buyer(s) (“Buyer”) and COLDWELL BANKER HOWARD PERRY AND WALSTON, who Buyer hereby employs as its Buyer’s Agent Firm (“Firm”) to serve as the Buyer's exclusive agent to assist the Buyer in the acquisition of real property which may include any purchase, option and/or exchange on terms and conditions acceptable to Buyer. The Individual Buyer Agent, ______________________________________________, who signs this Agreement on behalf of the Firm, shall on behalf of the Firm, be primarily responsible for ensuring that the Firm’s duties hereunder are fulfilled; however, it is understood and agreed that other agents of the Firm may be assigned to fulfill such duties if deemed appropriate by the Firm. For purposes of this Agreement, the term “Firm,” as the context may require, shall be deemed to include the Individual Buyer Agent who signs this Agreement and any other agents of the Firm. NOTE: If the Buyer is a corporation, limited liability company, trust or other legal entity, the entity should be named as Buyer and a duly authorized officer, manager, trustee or other legal representative of the entity should sign this Agreement on the entity's behalf. Buyer represents that, as of the commencement date of this Agreement, the Buyer is not a party to a buyer representation agreement with any other real estate firm. Buyer has received a copy of the “WORKING WITH REAL ESTATE AGENTS” disclosure and has reviewed it with Firm. Buyer further represents that Buyer has disclosed to Firm information about any properties of the type described below that Buyer has visited at any open houses or that Buyer has been shown by any other real estate firm. 1. TYPE OF PROPERTY:  Residential (improved and unimproved)  Commercial (improved and unimproved)  Other _________________________________________________________________________ (a) General Location:_________________________________________________________________________________________ (b) Other:__________________________________________________________________________________________________ 2. EFFECT OF AGREEMENT. Buyer intends to acquire real property of the type described in Paragraph 1. By employing Firm as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for such property exclusively through Firm, and to refer to Firm all inquiries received in any form from other real estate firms, prospective sellers or any other source, during the time this Agreement is in effect. 3. TERM OF AGREEMENT. The term of this Agreement (“Term”) shall begin on _________________________ and shall terminate as follows (check appropriate box):  (For buyers who intend to purchase a single property): This Agreement shall terminate when Buyer acquires real property of the type described in paragraph 1, or 11:59 pm on ______________________________, whichever occurs sooner.  (For buyers who may purchase more than one property): This Agreement shall terminate at 11:59 pm on _____________________. NOTE: Buyer should consult with Individual Agent or Firm before visiting any resale property or new homes neighborhood or contacting any sellers or other real estate firm representing sellers, to avoid the possibility of confusion over the exclusive brokerage relationship created here and misunderstandings about liability for compensation to Firm for its services rendered to Buyer. 4. COMPENSATION TO FIRM: (a) Buyer acknowledges and understands that Firm expects to receive total compensation for Firm’s real estate brokerage services hereunder (“Fee”) made up of two parts as follows: Brokerage Commission: A fee calculated from the purchase price of the property and frequently paid by the Listing Firm or Seller determined as follows: [ Insert percentage of purchase price or other method of determining Firm’s compensation for each type of property the Buyer may purchase. Do not insert N/A or a zero (0)] . ______% of the purchase price for resale properties purchased by Buyer ______% of the purchase price for new construction properties purchased by Buyer ______% of the purchase price for lots or land purchased by Buyer Other, if any: ______________________________________________________________________________________ AND Brokerage Fee: A fee in the amount of Two Hundred Forty-Nine and 00/100 Dollars ($249.00) paid by Buyer at closing.

Page 1 of 6 Individual agent initials _______ Buyer initials _______ _______

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