Exclusive Tenant Brokerage Agreement Template

Business-in-a-Box's Exclusive Tenant Brokerage Agreement Template

Document content

This exclusive tenant brokerage agreement template has 7 pages and is a MS Word file type listed under our real estate documents.

Sample of our exclusive tenant brokerage agreement template:

EXCLUSIVE TENANT BROKERAGE AGREEMENT This Exclusive Tenant Brokerage Agreement (the Agreement) is made and effective [DATE], BETWEEN: [TENANT NAME] (the "Tenant"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [BROKER NAME] (the "Broker"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Tenant is desirous of locating and negotiating a lease of real property; WHEREAS the Broker was formed for the purpose of locating and negotiating leases of real properties for clients; WHEREAS the Tenant is willing to hire an Exclusive Broker to act as his/her real estate broker to assist him in locating and negotiating a lease of real property; Now therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto intending to be legally bound agree as follows: EXCLUSIVE AGREEMENT 1.1 The Tenant hereby agrees to hire the Broker to act as the Tenant's exclusive real estate broker to assist the Tenant in locating and to the extent authorized elsewhere herein, negotiating the lease of real property on behalf of the Tenant. The Tenant warrants that s/he is not a party to any other current exclusive tenant brokerage engagement agreement and that all previous exclusive tenant brokerage engagement agreements entered into between the Tenant and any other real estate brokerage have either been terminated or have expired and not been renewed. TERM 2.1 The term of this Agreement shall begin on the date of [SPECIFY] and shall continue through the date of [SPECIFY], unless otherwise terminated in accordance with this Agreement. BROKER'S DUTIES TO THE TENANT The Broker's sole duties to the Tenant shall be to: Make all disclosures required by law; Attempt to locate property suitable to the Tenant for lease; 3.1.3 Assist to the extent requested by the Tenant in negotiating the terms of and filling out a pre-printed real estate lease agreement; Comply with all applicable laws in performing its duties hereunder. TENANT'S DUTIES The Tenant agrees to: 4.1.1 Be reasonably available to see property with the Broker or property for which the Broker has arranged the Tenant to see; timely respond to communications from the Broker; provide the Broker with accurate and complete information; 4.1.4 inspect and become familiar with any potentially adverse conditions and conditions of special concern to the Tenant relating to the physical condition of any property in which the Tenant becomes interested, any improvements located thereon and the neighborhood surrounding such property; become familiar with the terms of any lease agreement and other documents which the Tenant may sign and comply with the duties and deadlines contained therein; work exclusively with the Broker (and not with any other real estate broker or licensee) in identifying, previewing, and seeing property for lease by the Tenant (since if the Tenant identifies, previews or sees property with another broker or fails to disclose to the listing broker that the Tenant is working with the Broker), a commission will likely not be paid to the Broker by the listing broker and the Tenant shall be responsible for the same; and disclose to the Broker at the commencement of this Agreement whether the Tenant previously worked with any other real estate broker and the addresses of the properties, if any, the Tenant made an offer to lease or for which the Tenant may owe a commission to another broker if the Tenant now purchases. FAIR HOUSING DISCLOSURE 5.1 The Tenant acknowledges that the Broker is committed to providing equal housing opportunities to all persons. While the Broker may show the Tenant properties of a type or in any specific geographical area requested by the Tenant, the Broker may not steer tenants to a particular area as based upon race, color, religion, national origin, sex, familial status, disability, sexual orientation, or gender identity. COMMISSION 6.1 The Broker shall seek to be paid a commission from the listing broker under a co-operative brokerage arrangement or from the owner if there is no listing broker. In the event that the owner or listing broker does not pay the Broker a Commission of at least [SPECIFY] Percent (%) of the total contract rent (including renewals and rent paid month to month) of all real property which the Tenant leases during the term of this Agreement (whether or not the property has been identified to the Tenant by the Broker), then the Tenant shall pay the Broker the shortfall at the commencement of the Lease so that the Broker receives a total leasing commission equal to the above-referenced commission amount. 6.2 If the Tenant enters into a lease/purchase contractor purchase and sale agreement to purchase all or any part of the leased property (including through an option contract) during this Agreement, and the Owner does not agree to pay the Broker at closing a real estate sales commission of at least [SPECIFY] percent(%) of the sales price of such property, the Tenant shall pay the Broker at closing the shortfall so that the Broker is paid a total sales commission equal to the above-referenced amount. 6.3 In the event that during the [SPECIFY] day period following termination of this Brokerage Agreement, the Tenant purchases, contracts to purchase, leases or lease purchases any property identified to the Tenant by the Broker during the term of this Brokerage Agreement, then the Tenant shall pay the Broker at closing or the commencement of any lease, if applicable, the commission or commissions set forth above. 6.4 The commission obligations set forth above shall survive the termination of this Agreement. LIMITS ON BROKER'S AUTHORITY AND RESPONSIBILITY 7.1 The Tenant acknowledges and agrees that the Broker: 7.1.1 May show property in which the Tenant is interested to other prospective tenants; 7.1.2 shall not be responsible to advise the Tenant on any matters including but not limited to the following: any matter which could have been revealed through a survey, title search or inspection of the property; the condition of the property, any portion thereof, or any item therein ;building products and construction techniques; the necessity or cost of any repairs to the property; mold; hazardous or toxic materials or substances; termites and other wood destroying organisms; the tax or legal consequences of this transaction; the availability and cost of utilities or community amenities; the appraised or future value of the property; any condition(s) existing off the property which may affect the property; the terms, conditions and availability of financing; and the uses and zoning of the property whether permitted or proposed. 7.1.3 The Tenant acknowledges that the Brokers are not experts with respect to the above matters and that, if any of these matters or any other matters are of concern to them, they should seek independent expert advice relative thereto. The Tenant acknowledges that the Broker shall not be responsible to monitor or supervise any portion of any construction or repairs to the property and that such tasks clearly fall outside the scope of real estate brokerage services; 7.1.4 shall owe no duties to the Tenant nor have any authority on behalf of the Tenant other than what is set forth in this Agreement; 7.1.5 shall not be responsible for ensuring that the Tenant complies with the duties and deadlines contained in any lease agreement entered into by the Tenant and that the Tenant shall be solely responsible for the same; 7.1

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Document content

This exclusive tenant brokerage agreement template has 7 pages and is a MS Word file type listed under our real estate documents.

Sample of our exclusive tenant brokerage agreement template:

EXCLUSIVE TENANT BROKERAGE AGREEMENT This Exclusive Tenant Brokerage Agreement (the Agreement) is made and effective [DATE], BETWEEN: [TENANT NAME] (the "Tenant"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [BROKER NAME] (the "Broker"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS the Tenant is desirous of locating and negotiating a lease of real property; WHEREAS the Broker was formed for the purpose of locating and negotiating leases of real properties for clients; WHEREAS the Tenant is willing to hire an Exclusive Broker to act as his/her real estate broker to assist him in locating and negotiating a lease of real property; Now therefore, in consideration of the mutual covenants and agreements herein contained, the parties hereto intending to be legally bound agree as follows: EXCLUSIVE AGREEMENT 1.1 The Tenant hereby agrees to hire the Broker to act as the Tenant's exclusive real estate broker to assist the Tenant in locating and to the extent authorized elsewhere herein, negotiating the lease of real property on behalf of the Tenant. The Tenant warrants that s/he is not a party to any other current exclusive tenant brokerage engagement agreement and that all previous exclusive tenant brokerage engagement agreements entered into between the Tenant and any other real estate brokerage have either been terminated or have expired and not been renewed. TERM 2.1 The term of this Agreement shall begin on the date of [SPECIFY] and shall continue through the date of [SPECIFY], unless otherwise terminated in accordance with this Agreement. BROKER'S DUTIES TO THE TENANT The Broker's sole duties to the Tenant shall be to: Make all disclosures required by law; Attempt to locate property suitable to the Tenant for lease; 3.1.3 Assist to the extent requested by the Tenant in negotiating the terms of and filling out a pre-printed real estate lease agreement; Comply with all applicable laws in performing its duties hereunder. TENANT'S DUTIES The Tenant agrees to: 4.1.1 Be reasonably available to see property with the Broker or property for which the Broker has arranged the Tenant to see; timely respond to communications from the Broker; provide the Broker with accurate and complete information; 4.1.4 inspect and become familiar with any potentially adverse conditions and conditions of special concern to the Tenant relating to the physical condition of any property in which the Tenant becomes interested, any improvements located thereon and the neighborhood surrounding such property; become familiar with the terms of any lease agreement and other documents which the Tenant may sign and comply with the duties and deadlines contained therein; work exclusively with the Broker (and not with any other real estate broker or licensee) in identifying, previewing, and seeing property for lease by the Tenant (since if the Tenant identifies, previews or sees property with another broker or fails to disclose to the listing broker that the Tenant is working with the Broker), a commission will likely not be paid to the Broker by the listing broker and the Tenant shall be responsible for the same; and disclose to the Broker at the commencement of this Agreement whether the Tenant previously worked with any other real estate broker and the addresses of the properties, if any, the Tenant made an offer to lease or for which the Tenant may owe a commission to another broker if the Tenant now purchases. FAIR HOUSING DISCLOSURE 5.1 The Tenant acknowledges that the Broker is committed to providing equal housing opportunities to all persons. While the Broker may show the Tenant properties of a type or in any specific geographical area requested by the Tenant, the Broker may not steer tenants to a particular area as based upon race, color, religion, national origin, sex, familial status, disability, sexual orientation, or gender identity. COMMISSION 6.1 The Broker shall seek to be paid a commission from the listing broker under a co-operative brokerage arrangement or from the owner if there is no listing broker. In the event that the owner or listing broker does not pay the Broker a Commission of at least [SPECIFY] Percent (%) of the total contract rent (including renewals and rent paid month to month) of all real property which the Tenant leases during the term of this Agreement (whether or not the property has been identified to the Tenant by the Broker), then the Tenant shall pay the Broker the shortfall at the commencement of the Lease so that the Broker receives a total leasing commission equal to the above-referenced commission amount. 6.2 If the Tenant enters into a lease/purchase contractor purchase and sale agreement to purchase all or any part of the leased property (including through an option contract) during this Agreement, and the Owner does not agree to pay the Broker at closing a real estate sales commission of at least [SPECIFY] percent(%) of the sales price of such property, the Tenant shall pay the Broker at closing the shortfall so that the Broker is paid a total sales commission equal to the above-referenced amount. 6.3 In the event that during the [SPECIFY] day period following termination of this Brokerage Agreement, the Tenant purchases, contracts to purchase, leases or lease purchases any property identified to the Tenant by the Broker during the term of this Brokerage Agreement, then the Tenant shall pay the Broker at closing or the commencement of any lease, if applicable, the commission or commissions set forth above. 6.4 The commission obligations set forth above shall survive the termination of this Agreement. LIMITS ON BROKER'S AUTHORITY AND RESPONSIBILITY 7.1 The Tenant acknowledges and agrees that the Broker: 7.1.1 May show property in which the Tenant is interested to other prospective tenants; 7.1.2 shall not be responsible to advise the Tenant on any matters including but not limited to the following: any matter which could have been revealed through a survey, title search or inspection of the property; the condition of the property, any portion thereof, or any item therein ;building products and construction techniques; the necessity or cost of any repairs to the property; mold; hazardous or toxic materials or substances; termites and other wood destroying organisms; the tax or legal consequences of this transaction; the availability and cost of utilities or community amenities; the appraised or future value of the property; any condition(s) existing off the property which may affect the property; the terms, conditions and availability of financing; and the uses and zoning of the property whether permitted or proposed. 7.1.3 The Tenant acknowledges that the Brokers are not experts with respect to the above matters and that, if any of these matters or any other matters are of concern to them, they should seek independent expert advice relative thereto. The Tenant acknowledges that the Broker shall not be responsible to monitor or supervise any portion of any construction or repairs to the property and that such tasks clearly fall outside the scope of real estate brokerage services; 7.1.4 shall owe no duties to the Tenant nor have any authority on behalf of the Tenant other than what is set forth in this Agreement; 7.1.5 shall not be responsible for ensuring that the Tenant complies with the duties and deadlines contained in any lease agreement entered into by the Tenant and that the Tenant shall be solely responsible for the same; 7.1

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