Sales Commissions. Purchaser represents that he/she did not use any broker other than Seller’s broker and _ (co-broker). Co Broker, if any, shall receive a percent commission based upon the Purchase Price less any credits or adjustments to the Purchase Price, and/or Seller closing credit contribution, which Seller provides to Purchaser as an incentive or otherwise. Seller will pay all sales commissions due its in-house sales personnel and the co-broker, if any, identified above (if such space is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Purchaser represents that there is no co-broker who can claim by, through or under Purchaser), provided that such co-broker has properly registered in writing and received approval from Seller as a participating co-broker. To properly register a prospective purchaser, the broker must, among other things, be present with the prospective purchaser the first time that the purchaser visits the Condominium. No broker’s registration of a prospective purchaser after the prospective purchaser has visited the Condominium will be accepted by Seller. Seller has no responsibility to pay any sales commissions to any other broker or sales agent with whom Xxxxxxxxx has dealt (except as specifically named herein and then only as Seller has agreed in writing). Purchaser will be solely responsible to pay any such brokers. Purchaser represents and warrants to Seller that Purchaser has not dealt with, nor has the sale been procured by, any real estate broker, salesperson or finder, other than Seller’s in-house staff and the co-broker, if any, named on the second page hereof. Purchaser will indemnify Seller against all claims made against Seller by any other brokers or sales agents (and agrees also to pay all costs and attorneys’ fees actually incurred by Seller because of these claims). This paragraph will survive (and continue to be effective after) Closing.
Appears in 2 contracts
Samples: primelandusa.com, primelandusa.com
Sales Commissions. Purchaser represents that he/she did not use any broker other than Seller’s broker and _ (co-broker). Co Broker, if any, shall receive a percent commission based upon the Purchase Price less any credits or adjustments to the Purchase Price, and/or Seller closing credit contribution, which Seller provides to Purchaser as an incentive or otherwise. Seller will pay all sales commissions due its in-house sales personnel and/or exclusive listing agent and the co-broker, if any, identified above below (if such space is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Purchaser Buyer represents that there is no co-broker who can claim by, through or under PurchaserBuyer), provided that such co-broker has properly registered in writing and received approval from with Seller as a participating co-broker. To properly register a prospective purchaserBy signing this Agreement, the broker must, among other things, be present with the prospective purchaser the first time that the purchaser visits the Condominium. No broker’s registration of a prospective purchaser after the prospective purchaser has visited the Condominium will be accepted by Seller. Seller has no responsibility to pay any sales commissions to any other broker or sales agent with whom Xxxxxxxxx has dealt (except as specifically named herein Buyer is representing and then only as Seller has agreed in writing). Purchaser will be solely responsible to pay any such brokers. Purchaser represents and warrants warranting to Seller that Purchaser Buyer has not consulted or dealt with, nor has the sale been procured by, with any real estate broker, salesperson salesperson, agent or finder, finder other than Seller’s in-house staff sales personnel (and the co-broker, if any, named on below), nor has the second page hereofsale been procured by any real estate broker, salesperson, agent or finder other than Seller’s sales personnel (and the co-broker, if any, named below). Purchaser Buyer will indemnify and hold Seller against all claims made against harmless for and from any such person or company claiming otherwise. Buyer’s indemnity and agreement to hold Seller by any other brokers or sales agents (and agrees also harmless includes, without limitation, Buyer’s obligation to pay or reimburse Seller for all costs commissions, damages and other sums for which Seller may be held liable and all attorneys’ fees and court costs actually incurred by Seller because (including those for appeals), regardless of these claims)whether a lawsuit(s) is actually brought or whether Seller ultimately wins or loses. This paragraph Section 21 will survive (and continue to be effective after) Closing. Co-Broker Information: If the space for co-broker’s name below is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Seller is not liable for any future claims of owed commission. Co-Broker’s Name: Co-Broker’s Sales Agent: Co-Broker’s Address: Phone No. Fax No. E-Mail License No.
Appears in 1 contract
Samples: Condominium Purchase Agreement
Sales Commissions. Purchaser represents that he/she did not use any broker other than Seller’s broker and _ (co-broker). Co Broker, if any, shall receive a percent commission based upon the Purchase Price less any credits or adjustments to the Purchase Price, and/or Seller closing credit contribution, which Seller provides to Purchaser as an incentive or otherwise. Seller will pay all sales commissions due its in-house sales personnel persons and to the co-broker, if any, identified above listed on Page 1 of this Agreement, provided that the co-broker has properly registered with the Developer prior to the execution of this Agreement (if such the space on Page 1 for a co-broker is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Purchaser represents that there is no co-broker who can claim by, through or under Purchaserbroker), provided that such co-broker has properly registered in writing and received approval from Seller as a participating co-broker. To properly register a prospective purchaser, the broker must, among other things, be present with the prospective purchaser the first time that the purchaser visits the Condominium. No broker’s registration of a prospective purchaser after the prospective purchaser has visited the Condominium will be accepted by Seller. Seller has no responsibility to pay any sales commissions to any other broker or sales agent with whom Xxxxxxxxx Xxxxx has dealt (except as specifically named herein and then only as Seller has agreed in writing). Purchaser Buyer will be solely responsible to pay any such brokersbroker(s). Purchaser represents By signing this Agreement, Xxxxx is representing and warrants warranting to Seller and Seller is relying on said representation and warranty, that Purchaser Xxxxx has not consulted or dealt with, nor has the sale been procured by, with any real estate other broker, salesperson salesperson, agent or finder, finder other than Seller’s in-house staff sales personnel (and the co-broker, if any, named on the second page hereof. Purchaser Page 1 of this Agreement) and that Buyer will indemnify and hold Seller against all claims made against harmless for and from any such person or company claiming otherwise. Xxxxx’s indemnity and agreement to hold Seller by any other brokers or sales agents (and agrees also harmless includes, without limitation, Xxxxx’s obligation to pay or reimburse Seller for all costs commissions, damages and other sums for which Seller may be held liable and all attorneys’ fees and court costs actually incurred by Seller because (including those for appeals), regardless of these claimswhether a lawsuit(s) is actually brought or whether Seller ultimately wins or loses. Xxxxx understands and agrees that Xxxxxx’s in-house sales personnel are agents of Seller only (and are not Buyer’s agents and/or dual agents). This paragraph As Seller’s agents, they owe the following duties: (i) to Seller, a fiduciary duty to represent the interests of, and use utmost care, integrity, honesty and loyalty to, Seller, and (ii) to both Buyer and Seller, the duty to diligently exercise reasonable skill and care in performance of the agent’s duties, a duty of honesty and fair dealing and good faith, and a duty to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the diligent attention and observation of the parties. Seller’s agents are not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties of the agent(s) set forth in this section, including a cancellation pursuant to the notice appearing immediately above the signature block in this Agreement. The provisions of this section will survive (and continue to be effective after) Closingclosing.
Appears in 1 contract
Samples: Agreement
Sales Commissions. Purchaser represents that he/she did not use any broker other than Seller’s broker and _ (co-broker). Co Broker, if any, shall receive a percent commission based upon the Purchase Price less any credits or adjustments to the Purchase Price, and/or Seller closing credit contribution, which Seller provides to Purchaser as an incentive or otherwise. Seller will pay all sales commissions due its in-house sales personnel persons and to the co-broker, if any, identified above listed on Page 1 of this Agreement, provided that the co-broker has properly registered with the Developer prior to the execution of this Agreement (if such the space on Page 1 for a co-broker is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Purchaser represents that there is no co-broker who can claim by, through or under Purchaserbroker), provided that such co-broker has properly registered in writing and received approval from Seller as a participating co-broker. To properly register a prospective purchaser, the broker must, among other things, be present with the prospective purchaser the first time that the purchaser visits the Condominium. No broker’s registration of a prospective purchaser after the prospective purchaser has visited the Condominium will be accepted by Seller. Seller has no responsibility to pay any sales commissions to any other broker or sales agent with whom Xxxxxxxxx Buyer has dealt (except as specifically named herein and then only as Seller has agreed in writing). Purchaser Buyer will be solely responsible to pay any such brokersbroker(s). Purchaser represents By signing this Agreement, Buyer is representing and warrants warranting to Seller and Seller is relying on said representation and warranty, that Purchaser Buyer has not consulted or dealt with, nor has the sale been procured by, with any real estate other broker, salesperson salesperson, agent or finder, finder other than Seller’s in-house staff sales personnel (and the co-broker, if any, named on the second page hereof. Purchaser Page 1 of this Agreement) and that Buyer will indemnify and hold Seller against all claims made against harmless for and from any such person or company claiming otherwise. Buyer’s indemnity and agreement to hold Seller by any other brokers or sales agents (and agrees also harmless includes, without limitation, Buyer’s obligation to pay or reimburse Seller for all costs commissions, damages and other sums for which Seller may be held liable and all attorneys’ fees and court costs actually incurred by Seller because (including those for appeals), regardless of these claimswhether a lawsuit(s) is actually brought or whether Seller ultimately wins or loses. Buyer understands and agrees that Seller’s in-house sales personnel are agents of Seller only (and are not Buyer’s agents and/or dual agents). This paragraph As Seller’s agents, they owe the following duties: (i) to Seller, a fiduciary duty to represent the interests of, and use utmost care, integrity, honesty and loyalty to, Seller, and (ii) to both Buyer and Seller, the duty to diligently exercise reasonable skill and care in performance of the agent’s duties, a duty of honesty and fair dealing and good faith, and a duty to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the diligent attention and observation of the parties. Seller’s agents are not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties of the agent(s) set forth in this section, including a cancellation pursuant to the notice appearing immediately above the signature block in this Agreement. The provisions of this section will survive (and continue to be effective after) Closingclosing.
Appears in 1 contract
Samples: Agreement
Sales Commissions. Purchaser represents that he/she did not use any broker other than Seller’s broker and _ (co-broker). Co Broker, if any, shall receive a percent commission based upon the Purchase Price less any credits or adjustments to the Purchase Price, and/or Seller closing credit contribution, which Seller provides to Purchaser as an incentive or otherwise. Seller will pay all sales commissions due its in-house sales personnel and the co-broker, if any, identified above (if such space is left blank, it shall mean that Seller has not agreed to pay any co-broker and that Purchaser hereby represents that there is no colicensed real estate salesperson or broker representing Seller in any way in connection with this purchase and sale, and Seller agrees to hold Buyer harmless and defend Buyer from any claim to commission in connection with this purchase and sale. UNCONSCIONABILITY. Seller hereby represents that all negotiations and dealings with Buyer have been and are at arm’s length and that no duress or undue influence has been exerted by Buyer over Seller or Seller’s family in connection with this purchase. Seller is aware that the Buyer may be purchasing Property for immediate resale. SELLER’S ACKNOWLEDGMENTS. xxxxx is aware and understands that the present fair market value of the Property probably is higher than the purchase price set forth herein. Seller hereby expressly waives any and all claim to any potential or actual income, profits, or other sums in excess of the above-broker who can claim bycited purchase price, through which may be realized by Buyer or under Purchaser), provided that such co-broker has properly registered in writing and received approval from Seller others as a participating co-brokerresult of any transaction involving the Property. To properly register a prospective purchaser, the broker must, among other things, be present with the prospective purchaser the first time Seller acknowledges that the purchaser visits purchase price stated herein is fair and equitable and is in the CondominiumSeller’s best interests, and that Seller’s decision to sell was not made in reliance on any representations of Buyer which are not expressly contained herein. No broker’s registration of a prospective purchaser after the prospective purchaser NOTICE REQUIRED BY CALIFORNIA LAW Until your right to cancel this contract has visited the Condominium will be accepted by Seller. Seller has no responsibility ended, (Buyer) or anyone working for (Buyer) CANNOT ask you to pay sign or have you sign any sales commissions to deed or any other broker document. You may cancel this contract for the sale of your house without any penalty or sales agent with whom Xxxxxxxxx has dealt obligation at any time before (except as specifically named herein Date and then only as Seller has agreed in writingtime of day). Purchaser will be solely responsible to pay any such brokersSee attached NOTICE OF CANCELLATION form for an explanation of this right. Purchaser represents and warrants to ✓ ✓ Seller that Purchaser has not dealt with, nor has the sale been procured by, any real estate broker, salesperson or finder, other than Seller’s in-house staff and the co-broker, if any, named on the second page hereof. Purchaser will indemnify Date Seller against all claims made against Seller by any other brokers or sales agents (and agrees also to pay all costs and attorneys’ fees actually incurred by Seller because of these claims). This paragraph will survive (and continue to be effective after) Closing.Date ✓ ✓
Appears in 1 contract
Samples: Agreement
