EXCLUSIVE RIGHT TO REPRESENT BUYER AGREEMENT (the "Agreement")

1.
EXCLUSIVE RIGHT: Buyer(s)
appoints
Coldwell Banker Residential Brokerage (hereinafter "Coldwell" or "Broker")) as Buyer's exclusive agent for the purpose
of assisting Buyer to find and/or acquire an interest in suitable real property acceptable to Buyer.
2.

PROPERTY: Property means residential property.

3.
TERM OF AGREEMENT: This agreement shall begin on
and expire at
midnight on
unless the Buyer client is in a pending negotiation or has entered into a
fully signed purchase agreement, (either situation hereinafter referred to as a "Pending Transaction") then this Agreement
will extend through the closing date of that Pending Transaction.
4.

BROKER'S DUTIES: Coldwell agrees:

(a)

To attempt to locate a property acceptable to Buyer;

(b)

To negotiate on Buyer's behalf terms and conditions agreeable to Buyer; and,

(c)

To act in Buyer's interest regarding the location, purchase or exchange of a property.

(d) Coldwell has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty
to independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Coldwell
has no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy or
completeness of any statement made by Buyer.
5.

BUYER'S DUTIES: Buyer agrees:

(a)

To tell Coldwell about all past and current contacts with any real property or any other real estate agents;

(b) To utilize Coldwell exclusively in following up leads or information about a property no matter what the source of
such lead or information;
(c)

To cooperate with Coldwell and be reasonably available to examine real property;

(d)

Upon request, to give Coldwell financial and personal info regarding Buyer's needs and ability to purchase; and,

(e)

To schedule all appointments to see a property exclusively through Coldwell..

6.

OTHER TERMS AND CONDITIONS:

(a) Buyer understands that Coldwell may represent other buyers and show and sell other buyers the same properties.
Buyer understands and acknowledges that if any of Coldwell's clients have interest in a particular property, that
information is considered to be confidential and will not be disclosed to any other clients.
(b) Coldwell may share and disclose non-confidential information about Buyer with other agents who offer real
property for sale.
(c) Buyer understands that this Agreement is an exclusive appointment and represents and warrants that it does not
have a similar agreement with any other broker. Buyer acknowledges and understands that if the aforesaid representation
and warranty is incorrect, Buyer maybe be liable for the payment of more than one brokerage fee. Buyer agrees not to
enter into another exclusive agreement with any other real estate broker unless this Agreement has terminated.
(d)

This Agreement may be terminated if the following conditions are met;

1)

The Agreement expires; or buyer and broker mutually agree to terminate this Agreement, in writing, prior
to expiration.

2) Broker reserves the right to re-assign you to another agent within the firm or to refer you to another agency
for representation should the parties mutually decide that is best.
1
CBRB - Ronkonkoma, 2395 Ocean Ave. Suite 1 Ronkonkoma, NY 11779
Phillip King
Phone: (631)542-5345
Fax: (631)236-1839
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7.

BROKERS FEE:

(a) Coldwell's commission is

% of the purchase price (hereinafter "Fee").Coldwell is authorized and
instructed by the Buyer to request payment of its Fee from the listing broker or seller. Buyer shall be obligated to pay
any portion of the commission which is less than
% of the purchase price. Coldwell shall be entitled to
receive additional compensation or bonuses and incentives paid by the listing broker or seller. Even though Coldwell's
Fee may be paid by a seller or listing broker, Coldwell will continue to represent the interests of the Buyer.
(b) If Buyer buys a property within
days after the ending date of this contract, Buyer will pay Coldwell's
Fee if Buyer learned of the property during the term of this contract.
Buyer Initials / Date
(c)

Buyer Initials / Date

Coldwell Initials / Date

Coldwell's Fee is due no later than the date on which title to the real property transfers to Buyer.

The obligation to pay Coldwell's Fee will automatically extend through the date of the actual closing and transfer of title,
even though this date occurs after the term of this Agreement or any extension expires.
9.
FAIR HOUSING: IT IS UNLAWFUL UNDER FEDERAL AND/OR STATE LAW TO DISCRIMINATE ON
THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, SEX, SEXUAL ORIENTATION,
MARITAL STATUS, AGE, LEARNING DISABILITY, MENTAL DISABILITY, FAMILIAL STATUS AND/OR
PHYSICAL DISABILITY.
10.

DUAL AGENCY:

(a) Buyer understands that Broker represents sellers in addition to buyers and Buyer agrees that Broker may represent
both Buyer and Seller in the purchase and sale of a property and that Broker may be the agent of both the Buyer and a
seller. In that event, Buyer consents to and confirms this consent to a possible dual representation.
(b) In the event of a dual representation, Buyer agrees Broker shall not be required to and shall not disclose to either
party any personal, financial or other confidential information without the express written consent of the party whose
information is disclosed, other than information related to material property defects which are known to Broker and any
other information Broker is required to disclose by law.
(c)

Broker may not disclose;

(i) To the Buyer that a Seller will accept less than the asking price, or to the Seller that the Buyer can or will pay
more than what is stated in a written offer unless instructed by that client in writing;
(ii)

The motivation of either client, unless otherwise instructed to do so by the respective client;

(iii) That the Buyer or the Seller will agree to financing terms other than those offered, unless instructed in
writing by the respective client.
(d) Property information available through the Multiple Listing Service or other sources, including listed and sold
properties, which has been requested by either client, will be disclosed to both clients.
(e)

Broker shall remain impartial to each client and shall facilitate a mutually agreed upon sale.

(f)

Broker agrees to immediately inform Buyer when Broker is showing Buyer a Seller client's property.

(g)

Broker shall be able to perform in a dual capacity with the written and informed consent of both clients.

11.

DESIGNATED AGENCY:

In the event the Brokerage Firm represents the Buyer and the Seller in the same transaction and there are two different
agents involved, the Firm can designate one agent to represent the sole interests of the Buyer and designate another agent
to represent the sole interests of the Seller with the client's written authorization and informed consent. This document
shall serve as written authorization from the Buyer.
2

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12. GENERAL CONSIDERATIONS: Buyer and Broker both understand that this is a binding agreement and
either party may enforce their rights under this Agreement in a court of law. If Buyer or Broker commences litigation to
enforce their rights under this Agreement, the prevailing party shall be entitled to be paid as part of the award, its costs
and expenses, including attorney's fees. If Buyer has questions concerning this transaction and/or any documents
executed in connection with this transaction, the legal title to property, tax considerations, property inspections,
engineering, or the uses of neighboring properties, Buyer should consult with an attorney, a tax advisor, a building
inspector or appropriate governmental agencies.
Execution by Facsimile, The parties agree that this Agreement and any attached addenda may be transmitted between
them by facsimile machine and the parties intend that a faxed Agreement containing either the original and/or copies of
the signature of all parties shall constitute a binding Agreement.

Buyer

Coldwell Banker Residential Brokerage

Date

Date
Street

Authorized Agent
Zip

City/State
Date
Buyer

Authorized Agent

Date

Street
Zip
City/State

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