Common use of MULTIPLE REPRESENTATION Clause in Contracts

MULTIPLE REPRESENTATION. The Seller hereby acknowledges that the Listing Brokerage may be entering into buyer representation agreements with buyers who may be interested in purchasing the Seller's Property. In the event that the Listing Brokerage has entered into or enters into a buyer representation agreement with a prospective buyer for the Seller's Property, the Listing Brokerage will obtain the Seller's written consent to represent both the Seller and the buyer for the transaction at the earliest practicable opportunity and in all cases prior to any offer to purchase being submitted or presented. The Seller understands and acknowledges that the Listing Brokerage must be impartial when representing both the Seller and the buyer and equally protect the interests of the Seller and buyer. The Seller understands and acknowledges that when representing both the Seller and the buyer, the Listing Brokerage shall have a duty of full disclosure to both the Seller and the buyer, including a requirement to disclose all factual information about the Property known to the Listing Brokerage. However, the Seller further understands and acknowledges that the Listing Brokerage shall not disclose: • that the Seller may or will accept less than the listed price, unless otherwise instructed in writing by the Seller; • that the buyer may or will pay more than the offered price, unless otherwise instructed in writing by the buyer; • the motivation of or personal information about the Seller or buyer, unless otherwise instructed in writing by the party to which the information applies or unless failure to disclose would constitute fraudulent, unlawful or unethical practice; • the price the buyer should offer or the price the Seller should accept; and

Appears in 2 contracts

Sources: Listing Agreement, Listing Agreement

MULTIPLE REPRESENTATION. The Seller Buyer hereby acknowledges that the Listing Brokerage [in most cases] may already have entered into or will be entering into buyer representation agreements a listing agreement with buyers who may be interested in purchasing the Seller's PropertySellers of the property indicated above. In the event that the Listing Brokerage has entered into or enters into a buyer representation listing agreement with a prospective buyer the Seller of the property indicated above, the Buyer hereby consents for the Seller's Property, the Listing Brokerage will obtain the Seller's written consent to represent both the Buyer and Seller and the buyer for the transaction at the earliest practicable opportunity and in all cases prior to any offer to purchase being submitted or presentedtransaction. The Seller Buyer understands and acknowledges that in a multiple representation situation the Listing Brokerage must be impartial when representing both the Seller and the buyer and equally protect the interests of the Buyer and Seller and buyerin the transaction. The Seller Buyer understands and acknowledges that when representing both in a Multiple Representation situation the Seller and the buyer, the Listing Brokerage shall have a duty of full disclosure to both the Seller Buyer and the buyerSeller, including a requirement to disclose all factual information or otherwise about the Property property known to the Listing Brokerage. HoweverThe Buyer agrees to indemnify the Brokerage and save the Brokerage harmless from any financial loss that the Buyer may incur. The Brokerage agrees to prepare and submit an offer to the Seller on terms and conditions satisfactory to the Buyer provided such offer that is asked of the Brokerage to be prepared is not considered in the sole and absolute discretion of the Brokerage to be an offer significantly below the asking price or terms or an offer that would be unacceptable to the Seller. In such event, the Seller further understands Buyer may prepare and acknowledges submit to the Brokerage a letter of intent or have an offer prepared by their solicitors for presentation to the Brokerage. In the event the Brokerage prepares or receives an offer or letter of intent from the Buyer and there are no other competing offers for the property, the Brokerage shall negotiate such offer in good faith, provided that if the Buyer advises the Brokerage during the negotiations to give more that offering price or terms, the Buyer consents that the Listing Brokerage shall not disclose: • that may disclose such financial terms to the Seller may however, notwithstanding such disclosure if any, the Buyer does not need to accept such price or will accept less than terms on any offer presented to the listed price, unless otherwise instructed in writing by the Seller; • that the buyer may or will pay more than the offered price, unless otherwise instructed in writing by the buyer; • the motivation of or personal information about the Seller or buyer, unless otherwise instructed in writing by the party to which the information applies or unless failure to disclose would constitute fraudulent, unlawful or unethical practice; • the price the buyer should offer or the price the Seller should accept; andBuyer.

Appears in 1 contract

Sources: Buyer Representation Agreement

MULTIPLE REPRESENTATION. The Seller Buyer hereby acknowledges that the Listing Brokerage may be entering into buyer representation listing agreements with buyers who sellers of properties the Buyer may be interested in purchasing the Seller's Propertybuying or leasing. In the event that the Listing Brokerage has entered into or enters into a buyer representation listing agreement with the seller of a prospective buyer for property the Seller's PropertyBuyer may be interested in buying or leasing, the Listing Brokerage will obtain the SellerBuyer's written consent to represent both the Seller Buyer and the buyer seller for the transaction at the earliest practicable opportunity and in all cases prior to any offer to purchase or lease being submitted or presented. The Seller Buyer understands and acknowledges that the Listing Brokerage must be impartial when representing both the Seller Buyer and the buyer seller and equally protect the interests of the Seller Buyer and buyerthe seller in the transaction. The Seller Buyer understands and acknowledges that when representing both the Seller Buyer and the buyerseller, the Listing Brokerage shall have a duty of full disclosure to both the Seller Buyer and the buyerseller, including a requirement to disclose all factual information about the Property property known to the Listing Brokerage. However, the Seller The Buyer further understands and acknowledges that the Listing Brokerage shall not disclose: • that the Seller seller may or will accept less than the listed price, unless otherwise instructed in writing by the Sellerseller; • that the buyer Buyer may or will pay more than the offered price, unless otherwise instructed in writing by the buyerBuyer; • the motivation of or personal information about the Seller Buyer or buyerseller, unless otherwise instructed in writing by the party to which the information applies or unless failure to disclose would constitute fraudulent, unlawful or unethical practice; • the price the buyer Buyer should offer or the price the Seller seller should accept; andand • the Brokerage shall not disclose to the Buyer the terms of any other offer. However, it is understood that factual market information about comparable properties and information known to the Brokerage concerning potential uses for the property will be disclosed to both Buyer and seller to assist them to come to their own conclusions. Where a Brokerage represents both the Seller and the Buyer (multiple representation), the Brokerage shall not be entitled or authorized to be agent for either the Buyer or the Seller for the purpose of giving and receiving notices.

Appears in 1 contract

Sources: Buyer Representation Agreement Authority for Purchase or Lease