COOPERATING BROKERAGE AGREEMENT FOR
BUYER REGISTRATION AND CONFIDENTIALITY AGREEMENT
BarkleyFraser.com, LLC d/b/a Grubb & Ellis/Barkley Fraser Real Estate Company
(hereinafter called “GEBF”) has been retained as the Seller’s Exclusive Listing Agent to
market a certain real property and improvements, described as:
The Shops at Wescott: 9730 Dorchester Rd, North Charleston, SC (“the Property”)
The goal of GEBF is to sell this Property for our client (the “Seller”). The best way to
obtain this goal is to market it to as large an audience as possible while at the same time
respecting the Seller’s right and request for confidentiality regarding the availability of
this Property and material related to the operation of this business, including the Seller’s
financial and marketing data.
GEBF therefore extends this conditional offer to other licensed real estate firms and their
agents (hereinafter referenced as “Co-op Broker”) and to share any commission that is
earned by the sale of this Property, as outlined in a separate agreement, subject to the
following terms and conditions:
1. Prior to receiving information about the Property, Co-op Broker and prospective
purchaser (“Prospect”) must execute a Buyer Registration and Confidentiality
Agreement, the form of which is attached hereto as Exhibit “A” Co-op Broker
agrees that all registrations are subject to acceptance by GEBF with GEBF having
the right to refuse registrations.
2. Co-op Broker agrees that all Buyer registrations are valid only for 180 days from
GEBF acceptance of said Buyer registration.
3. Co-op Broker agrees that their firm may not advertise or mass market (telephone,
direct mail, etc.) the availability of the GEBF Exclusive Listing without written
consent of the Listing Agreement.
4. Co-op Broker agrees that the Buyer must acknowledge as part of the contract that
Co-op Broker was Selling Agent.
5. Prior to distribution or disclosure of any information related to this listing,
including disclosure of any material or information which may serve to identify
the Property; the Co-op Broker agrees to submit in writing the names of the
6. Co-op Broker agrees at the time of the acceptance of each Buyer Registration by
GEBF, and prior to the distribution of any information on the Property to secure
from all parties to whom information shall be accessible the GEBF provided
Buyer Registration and Confidentiality Agreement. This shall be submitted to
GEBF for distribution to the Seller.
7. Co-op Broker agrees at the time of the acceptance of each Buyer Registration by
GEBF that the Offering Memorandum detailing information about the Property (
“Offering Memorandum”) and other information provided to the Co-op Broker is
confidential in nature (public record not withstanding). Co-op Broker agrees that
this information is provided solely for use in the review of this offering by the
registrant only and that this information shall not be used in any manner or
fashion detrimental to the interests of the Seller and/or GEBF.
8. Co-op Broker agrees to coordinate all Property showings and submit all questions,
offers and all communications through the GEBF Listing Agent. Co-op Broker
agrees to not contact Seller or their employees without the GEBF Listing Agent’s
9. Co-op Broker agrees that GEBF may withdraw this offer of cooperation at any
time with written notice. Co-op Broker’s outstanding and accepted registrations
shall remain valid per the terms of this Agreement.
10. The Property information provided by GEBF to the Co-op Broker (hereinafter
referred to as “Offering Memorandum”) and any other information provided to
the Co-op Broker contains information pertaining to the Property, which has been
prepared by GEBF, primarily from information supplied by Seller of the Property.
The Offering Memorandum does not purport to be all-inclusive or to contain all
of the information which a Prospect may desire regarding the Property. Neither
Seller nor GEBF, nor any of their officers, employees or agents make any
representation or warranty, expressed or implied, as to the accuracy or
completeness of the Offering Memorandum or any of its contents and no legal
liability is assumed or implied with respect thereto.
11. Co-op Broker certifies that they are properly licensed to conduct real estate sales
activities on this Property.
12. The parties agree that any breach of the confidentiality obligations of this
Agreement will result in irreparable damage to the disclosed party for which it
will have no adequate remedy at law. Thus, it is agreed that the disclosed party
shall be entitled, in addition to any remedy at law, to equitable relief, including an
injunction enjoining any such breach by any court of competent jurisdiction, and
disclosing party agrees to pay all attorneys’ fees and other costs incurred by the
disclosed party to secure such injunction. Such injunction shall be without
prejudice to any other right or remedy to which the disclosing party may be
13. This Agreement shall not be modified or changed in any manner except in writing
and signed by both parties.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties.
LISTING BROKER CO-OP BROKER
BarkleyFraser.com, LLC d/b/a
Grubb & Ellis / Barkley Fraser
Real Estate Company ______________________________
_____________________________ BY: ________________________
BY: _______________________ Its: ________________________
BUYER REGISTRATION & CONFIDENTIALITY AGREEMENT
CLIENTS FROM YOUR OFFICE MUST BE REGISTERED WITH
BARKLEYFRASER.COM, LLC D/B/A GRUBB & ELLIS / BARKLEY FRASER
REAL ESTATE COMPANY (“GEBF”) PRIOR TO GEBF SUBMITTING DATA
ON THE BELOW MENTIONED PROPERTY, YOU AND YOUR PROSPECT
MUST EXECUTE A REGISTRATION AND CONFIDENTIALITY
AGREEMENT. THE RIGHT TO APPROVE OR REJECT THE REGISTRATION
OF ANY PROSPECT IS RESERVED BY GEBF, AND SUCH REGISTRATION
SHALL BE DEEMED REJECTED UNLESS THE REGISTRATION AND
CONFIDENTIALITY AGREEMENT IS RECEIVED AND EXECUTED BY
Prospect, as identified below, is interested in the acquisition of the below-named
Property. Prospect has enlisted the assistance of __________________________ of
____________________ to represent the Prospect as the Cooperating Broker (“Co-op
It is further understood and agreed that information on the Property described above has
been or will be delivered and supplied by GEBF to the Co-op Broker and Prospect. Co-op
Broker and Prospect agree not to, at any time, directly or indirectly, use, disclose, deliver
discuss, duplicate, reproduce, share, make aware or in any other fashion divulge any
discussions with GEBF or Confidential Information (as defined below) concerning the
Property to any party or entity other than that mentioned below without the prior and
express written permission of GEBF. Confidential Information shall include, but not be
limited to, any conversations or discussions with GEBF, the Seller’s agents or employees,
and any information related to the Property. The use of Confidential Information for any
purpose other than to determine Prospect’s possible acquisition of Property is expressly
prohibited. Any inquiries, negotiations, offers, letters of intent, or correspondence in
connection with the Property shall be communicated to GEBF. PHOTOCOPYING OR
OTHER DUPLICATION OF ANY CONFIDENTIAL INFORMATION IS
Prospect represents that is has or will continue to rely only upon information related to
the Property (written or oral) supplied and delivered by GEBF and that Prospect shall not
rely upon other information supplied by the Co-op Broker unless confirmed in writing by
GEBF. Prospect and Co-op Broker agree that all inspection appointments and contact
with the Seller will be made through GEBF. DO NOT CONTACT OR DISCUSS ANY
POTENTIAL PURCHASE WITH THE ON-SITE STAFF.
Buyer acknowledges that the Confidential Information may contain date regarding
GEBF, which is material to the future business activities of GEBF, Prospect agrees that
the Confidential Information will not be disclosed or used to perform any act detrimental
to GEBF. Promptly upon request by GEBF, Prospect agrees to return all written
It is further agree that any unauthorized disclosure will constitute a material breach. Co-
op Broker and Prospect understands that this Confidentiality Agreement is being entered
into as a condition to the release of the Confidential Information by GEBF and that the
information contained therein, while not guaranteed, is secured from sources deemed
This Agreement, combined with the Cooperating Brokerage Agreement for Buyer
Registration and Confidentiality, expressed the entire Agreement and understanding of
the parties. This Agreement shall not be modified or changed in any manner except in
writing and signed by both parties.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties.
PROSPECT CO-OP BROKER
___________________________ Its: _______________________
ACCEPTANCE OF REGISTRATION
We have received this Registration and Confidentiality Agreement and accept the
Prospect as listed above, and agree that in the event a transaction is consummated with a
Prospect from which a commission is paid to GEBF, that an agreed upon portion of such
commission shall be paid to Co-op Broker as per a separate agreement. This Agreement
will expire 180 days from acceptance date.
BARKLEYFRASER.COM, LLC D/B/A
GRUBB & ELLIS / BARKLEY FRASER
REAL ESTATE COMPANY