This is an agreement between a broker and a potential buyer in a real estate
transaction. This agreement contains optional language that can be modified by the
parties to determine whether this will be an exclusive or nonexclusive broker agreement.
In addition, this agreement provides for the commencement and conclusion date of the
agreement between the parties. This agreement should be used by individuals or
entities that want to enlist a broker and are interested in potentially purchasing real
Real Estate Buyer’s Broker Agreement
This agreement, entered into as of this __ day of ___, 20__ [Instruction: Insert date.] by and
between _____ [Instruction: Insert purchaser name.] as purchaser (“Purchaser”) and _____ of
_____ [Instruction: Insert applicable broker information including company and address.]
as broker (“Broker”) sets forth the terms of agreement between Purchaser and Broker with
respect to Broker’s representation of Purchaser as set forth herein.
1. This Agreement grants Broker the non-exclusive/exclusive [Instruction: Delete
inapplicable.] and irrevocable right (except as otherwise set forth herein) to represent
Buyer in acquiring real property or a manufactured home from _____ to 11:59 p.m. on
______ [Instruction: Insert applicable commencement and termination date.] or the
completion of a resulting transaction, whichever occurs first (the “Representation
Period”). Broker agrees to exercise due diligence and reasonable efforts on Purchaser’s
behalf to fulfill the following authorizations and obligations. Broker will perform its
obligations under this Agreement through the individual signing on Broker’s behalf
below, who is either Broker individually or an associate-licensee. Broker agrees that
Broker’s duties are limited by the terms of this Agreement and applicable law.
2. Broker will comply at all times with all applicable law, including but not limited to those
3. Broker will represent Buyer in any resulting transaction as described in this Agreement.
4. Purchaser hereby understands, acknowledges and agrees that depending on the
circumstances, it may be necessary or appropriate for Broker to act as an agent for both
Purchaser and a seller or other additional party. Broker shall, as soon as practicable,
disclose to Purchaser any election to act as a dual agent representing both Purchaser and a
seller. If Purchaser is shown property listed by Broker, Purchaser shall be deemed to
consent to Broker becoming a dual agent representing both Purchaser and seller with
respect to those properties, without the need for Broker to make any further disclosure.
Purchaser hereby waives any such additional disclosure requirements with respect to any
such property(ies). In the event of dual agency, Purchaser agrees that Broker, without the
prior written consent of Purchaser will not disclose to any such seller that the Purchaser is
willing to pay a price greater than the price offered. Further, Broker, without the prior
written consent of any such seller, shall not disclose to Purchaser that such seller is
willing to sell property at a price less than the listing price. Other than as set forth in this
paragraph, a dual agent is obligated to disclose those known facts materially affecting the
value or desirability of the property to both parties, and as otherwise required by
applicable law. [Comment: If the agreement will be single agency only, or if broker’s
firm does not list property, revise the above to reflect same.]
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5. Purchaser hereby understands, acknowledges and specifically agrees that other potential
buyers may, through Broker, consider, make offers on or acquire the same or similar
properties as that Purchaser is seeking to acquire. Purchaser consents to Broker’s
representation of such other potential buyers before, during and after the Representation
Period, or any extension thereof.
6. Purchaser is advised that seller or any listing agent may disclose the existence, terms or
conditions of Purchaser’s offer unless other parties and their agent have signed a written
confidentiality agreement. Whether any such information is actually disclosed depends
on many factors, such as current market conditions, the prevailing practice in the real
estate community, the listing agent’s marketing strategy and the instructions of any seller.
7. If required by law, Broker shall confirm the agency relationship described above, or as
modified, in writing, prior to or simultaneously with Purchaser’s execution of a sales
8. Purchaser agrees to pay Broker _____ [Instruction: Insert applicable fee schedule.].
Broker shall be entitled to the compensation agreed to pursuant to the following
circumstances: _____ [Instruction: Insert when fee is payable and upon what
conditions.]. Purchaser shall be solely responsible for the payment of Broker’s fees as
set forth herein. Purchaser, for purposes of this paragraph, shall include any person or
entity related to Purchaser or who in any manner acts on Purchaser’s behalf to acquire the
property described herein.
9. Purchaser has not entered into any other representation agreement with any other broker
regarding the property described herein, except as follows: ______ [Instruction: Insert
alternate broker name, if any. If none, write N/A.]. Purchaser warrants that Purchaser
has no obligation to pay compensation to any other broker regarding property described
herein except as follows: _____ [Instruction: Insert other properties for which
Purchaser may owe a commission.]. If Purchaser purchases a property specified above
during the time in which Purchaser is obligated to pay another broker, Purchaser shall not
be required to compensate Broker, nor is Broker obligated to represent Purchaser in said
10. Any purchase, lease or other acquisition of any real property or manufactured home
described as follows: _____________ [Instruction: Insert potential properties.] shall
entitle Broker to the compensation described herein.
11. Purchaser acknowledges and agrees that properties presented to them may have been
marketed through a virtual tour on the Internet, permitting potential buyers to view
properties over the Internet, that neither provider nor Broker has control over who will
obtain access to the service or what action such persons might take and Broker has no
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control over how long the information concerning the properties will be available on the
12. Purchaser authorizes Broker to locate and present selected properties to Purchaser;
present authorized Purchaser offers; and assist Purchaser in negotiating for acceptance of
such offers. Broker is also authorized to assist Purchaser with the financing process,
including obtaining loan pre-qualification, and upon request, to provide Purchaser with a
list of professionals or vendors performing services as requested, order reports and
schedule and attend meetings and appointments with Purchaser’s chosen professionals,
and provide Purchaser guidance with the property acquisition and obtain Purchaser’s
13. For property transactions of which Broker is aware and not precluded from participating
in by Purchaser, Broker shall provide and review forms to create a property contract for
the acquisition of a specified property. With respect to such specified property, Broker
shall make a reasonably competent visual on-site inspection of the accessible areas of the
property and disclose to Purchaser all facts materially affecting the value or desirability
of such property revealed by this inspection, all disclosures material or information
received by, in the personal possession of or personally known to broker during the
Representation Period or otherwise required by applicable law. Broker will not be
required to make any independent verification of any such information, unless otherwise
agreed to or required by applicable law.
14. Purchaser understands, acknowledges and agrees that Purchaser should select additional
professionals to inspect the property through inspections, tests, surveys, reports, studies
and other available information throughout the transaction. Purchaser understands,
acknowledges and agrees such inspections, tests, surveys, reports, studies and other
available information are outside the scope of Broker’s expertise and duties as described
15. Purchaser understands, acknowledges and agrees that Broker does not decide the price
Purchaser should pay or seller should accept; and that Broker makes no guarantees
regarding the property condition, performance, adequacy or completeness of inspections,
services, products or repairs provided by seller or others; does not have any obligation to
conduct any inspection of the property except as set forth herein; shall not be responsible
for identifying defects on the property, except as otherwise set forth herein; shall not be
responsible for inspecting public records, permits, boundary lines, verifying square
footage or other information contained in any other material concerning the title or use of
the property; shall not be responsible for providing legal or tax advice or other advice or
information exceeding the knowledge, education and experience required to perform real
estate licensed activity. Further, Purchaser understands, acknowledges and agrees that
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Broker has no duty to inspect for environmental hazards, earthquake weaknesses or other
geologic or seismic hazards.
16. Purchaser agrees to timely vie and consider properties selected by Broker and to
negotiate in good faith to acquire a property and to act in good faith toward the
completion of a property contract. Purchaser will provide Broker within 5 business days
of this Agreement with the relevant personal and financial information to assure
Purchaser’s ability to acquire the property described herein. If Purchaser fails to provide
such information or does not qualify to purchase such property, Broker may cancel this
17. Purchaser shall notify Broker in writing of any material issues to Purchaser.
18. Optional language: Parties may wish to provide for alternative dispute resolution
19. Any notices sent or required to be sent pursuant to this Agreement shall be in writing and
be deemed to be duly served if mailed, postage prepaid, certified mail, return receipt
requested, or delivered by Federal Express or other comparable overnight carrier, or
delivered in hand by a duly appointed constable, to the addresses of the parties stated
below or to such other addresses as either party may notify the other by notice given
pursuant to this paragraph: ______ [Instruction: Insert Broker and Purchaser’s
20. This agreement shall be construed, interpreted and enforced in accordance with the laws
of the State of _____ [Instruction: Insert state.].
21. This agreement constitutes the entire agreement of the parties with respect to its subject
matter, and may not be changed orally, but only by an agreement in writing signed by the
party against whom the enforcement of any waiver, change, modification, extension or
discharge is sought.
22. In the event that any portion of this agreement shall be deemed null and void or
unenforceable by any court of competent jurisdiction, then notwithstanding the same, the
remaining provisions of this agreement shall be full force and effect.
23. This agreement or any subsequent amendment or modification hereto may be executed by
facsimile and/or in one or more counterparts, each of which when so executed and
delivered shall be deemed an original, but all of which taken together shall constitute but
one and the same original. Each party shall accept any such signed faxed counterpart as
full execution of this agreement or any subsequent amendment or modification thereto.
Purchaser acknowledges that Purchaser has read, understands and has received a copy of and
agrees to the terms set forth in this Agreement.
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IN WITNESS WHEREOF, the undersigned have executed this agreement under seals of the date
and year first written above.
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