For Buyer
Accredited Buyer's Representative
Jack was one of the first agents in the Local
Association of Realtors to obtain the Accredited Buyer's Representative
Designation as recognized by the National Association of Realtors.
Today, many real estate agents and companies are
offering to represent the buyer in the real estate transaction. From the initial
selection of properties, all the way through contract negotiations and
settlement, you can now have Jack an award-winning agent specifically committed
to representing YOUR Best Interests when buying a home.
LOCATING PROPERTY
As your Buyer Representative, Jack will evaluate your specific needs
and wants and search out properties that fit those specifications. As new
listings become available, Jack, your Buyer Representative will set up
appointments for showings.
PROVIDING MARKET INFORMATION
Market value is determined by many factors,
including the availability of similar properties at competitive prices,
location, condition -- and, most of all the PRICE that a knowledgeable buyer is
willing to pay. As your Buyer Representative, Jack will provide market
information to help you establish Your Offing Price.
STRUCTURING YOUR PURCHASE OFFER
Price may not be the only consideration
in structuring a purchase offer that is best for You. Other things may be
equally important to you, such as the terms and conditions of the offer, amount
of deposit and possession versus closing date. As your Buyer Representative,
Jack will help you to closely evaluate your needs and desires therefore enabling
her to assist you in structuring the best possible offer for you.
NEGOTIATING WITH SELLERS
Sellers are concerned about many things when reviewing a purchase
offer, including the ability of the purchasers to fulfill their agreement, the
terms and conditions of the offer, what items are to convey, breakdown of
closing costs between buyer and seller--and even the motivations and lifestyle
of the prospective new owners! As Your Buyer's Representative, Jack will help
structure a negotiating strategy to create a winning scenario and best of all
obtain the Lowest Price and the Best Terms!.
HANDLING ALL THE DETAILS
A lot has to happen between signing the purchase offer and moving into the
home! As your Buyer Representative, Jack will attend to the details and keep
you in touch with the transaction each step of the way. Yes, I Want Jack to
Represent Me!
Exclusive Buyer Representation Agreement
1. Parties: ______________________________________________("Buyer")
grants Charles Rutenberg Realty, Inc and Jack Barry (Broker) the exclusive right to work with
and assist Buyer in locating and negotiating the acquisition of suitable real
property as described below. The term "acquire" or "acquisition" includes
any purchase, option, exchange, lease or other acquisition of an ownership or
equity in real property.
2. Term: This Agreement will begin on the ______________ day of
________ 200__ and will terminate at 11:59 p.m. on the ______________ day of
_________ 200__ ("Termination Date"). However, if Buyer enters into
an agreement to acquire property that is pending on the Termination Date, this
Agreement will continue in effect until that transaction has closed or otherwise
terminated.
3. Property: Buyer is interested in acquiring real property as
follo9ws or as otherwise acceptable to Buyer ("Property"):
(a) Type of property:
__________________________________________________________________
(b) Location: ________________________________________________________________________
(c) Price Range: $ ____________________ to $
_____________________
(d) Buyer has been _____ pre-qualified _____ pre-approved by
________________________________
for (amount and
terms, if any)
________________________________________________________
(d) Preferred terms and conditions:
_____________________________________________________________
__________________________________________________________________________________________________
_________________________________________________________________________________________
_______________________________________________________________________________________
4. Broker's Obligations:
(a) Broker Assistance. Broker will
* use Broker's
professional knowledge and skills;
* assist Buyer in
determining Buyer's financial capability and financing options;
* discuss property
requirements and assist Buyer in locating and viewing suitable properties;
* cooperate with
real estate licensees working with the seller, if any, to effect a transaction.
Buyer understands that even if Broker is compensated by a seller or a real estate licensee who is working with a
seller, such compensation does not compromise Broker's duty to
Buyer
.
(b)
Other Buyers. Buyer understands that Broker may work with other
prospective buyers who want to acquire the same property as Buyer. If
Broker submits offers by competing buyers, Broker will notify Buyer that a
competing offer has been made, but will not disclose any of the offer's material
terms or conditions. Buyer agrees that Broker may make competing buyers
aware of the existence of any offer Buyer makes, so long as Broker does not
reveal any material terms or conditions of the offer without Buyer's written
consent.
(c) Fair Housing. Broker adheres to the principles expressed in the Fair
Housing Act and will not participate in any act that unlawfully discriminates on
the basis of race, color, religion, sex, handicap, familial status, country of
national origin or any other category protected under federal, state or local
law.
(d) Service
Providers. Broker does not warrant or guarantee products or services
provided by any third party whom Broker, at buyer's request , refers or
recommends to Buyer in connection with property acquisition.
(e) Brokerage Relationship. Buyer acknowledges that this agreement does
not create an agency or transaction brokerage relationship with Broker; however,
Buyer and Broker may create such a relationship by separate document.
5. Buyer's Obligations:
(a) Conducting all negotiations and efforts to locate
suitable property only through Broker and referring to Broker all inquiries of
any kind from real estate licensees, property owners or any other source.
If Buyer contacts or is contacted by a seller or a real estate licensee who is
working with a seller or views a property unaccompanied by Broker, Buyer will,
at first opportunity, advise the seller or real estate licensee that Buyer is
working with and represented exclusively by Broker.
(b) Providing
Broker with accurate personal and financial information requested by Broker in
connection with ensuring Buyer's ability to acquire property. Buyer
authorizes Broker to run a credit check to verify Buyer's credit information.
(c) Being available to meet with Broker at reasonable
times for consultations and to view properties.
(d) Indemnifying and holding Broker harmless from and
against all losses, damages, costs and expenses of any kind, including
attorney's fees and from liability to any person, that Broker incurs because of
acting on Buyer's behalf.
(e) Not asking or expecting to restrict the acquisition
of a property according to race, color, religion, sex, handicap, familial
status, country of national origin or any other category protected under federal
, state or local law.
(f) Consulting an appropriate professional for legal,
tax, environmental, engineering, foreign reporting requirements and other
specialized advice.
6. Retainer:
No Retainer Is To Be Paid Or Due Broker
7.
Compensation:
Broker's compensation is earned when, during the term of
this Agreement or any renewal or extension, Buyer or any person acting for or on
behalf of Buyer contracts to acquire real property as specified in this
Agreement. Broker's compensation will be paid by the Seller's Listing Real
Estate Company. However, Buyer will be responsible for paying Broker the
amount specified below plus any applicable taxes if Buyer purchases real estate
directly from the owner.
(a) Purchase or exchange: $ __________ or __3__%
(select only one) of the total purchase price or other consideration for the
acquired property, to be paid at closing.
(b) Other: Broker will be compensated for all
other types of acquisitions as if such acquisition were a purchase or exchange.
(c) Buyer Default: Buyer will pay Broker's
compensation immediately upon Buyer's default on any contract to acquire
property.
8. Protection
Period: Buyer will pay Broker's compensation if, within _90_ days
after Termination Date. Buyer contracts to acquire any property which was
called to buyer's attention by Broker or any other person or found by Buyer
during the term of this Agreement. Buyer's obligation to pay Broker's fee
ceases upon Buyer entering into a good faith exclusive buyer brokerage agreement
with another broker after Termination Date.
9. Early Termination: Buyer may terminate this Agreement at any time by
written notice to Broker but will remain responsible for for paying Broker's
compensation if, from the early termination date to Termination Date plus
Protection Period, if applicable, Buyer contracts to acquire any property which,
prior to the early termination date, was found by Buyer or called to Buyer's
Attention by Broker or any other person. Broker may terminate this
Agreement at any time by written notice to Buyer, in which event Buyer will be
released from all further obligations under this Agreement.
10. Dispute Resolution: Any irresolvable dispute between Buyer and Broker
will be mediated. If a settlement is not reached in mediation, the matter
will be submitted to binding arbitration in accordance with the rules of the
American Arbitration Association or other mutually agreeable arbitrator.
11. Assignments: Persons Bound: Broker may assign this Agreement to
another broker. This Agreement will bind and inure to Broker's and Buyer's
heirs, personal representative, successors and assigns.
12. Radon Gas: Radon is a naturally occurring radioactive gas that, when
it has accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed over time. Levels of radiation that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from
y9our county public health unit.
13.Special Clauses:____________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
14. Acknowledgment; Modifications: Buyer has read this Agreement and
understands the contents. This Agreement cannot be changed except by
written agreement signed by both parties.
Date:
_________________
Buyer:
_________________________________
Tax Id No.
_________
Address:
_____________________________
State: _____
Zip:
_______
Telephone:
________________
Fax:
_______________
Date:
_________________ Buyer:
_________________________________ Tax Id No. _________
Address: ______________________________ State: _____ Zip: ________
Telephone: _______________ Fax:
_______________
Date: _______________ Real Estate Consultant: Jack Barry,
MBA:
___________________________
Date: _______________ Real Estate Broker: Charles Rutenberg Realty, Inc.
_______________________________________________________________________________________________
The Florida
Association of REALTORS makes no representation as to the legal validity or
adequacy of any provision of this form in any specific transaction. This
standardized form should not be used in complex transaction or with extensive
rider or additions. This form is available for use by the entire real
estate industry and is not intended to identify the user a REALTOR.
REALTOR is a registered collective membership mark which may be used only by
real estate licensees who are member of the NATIONAL ASSOCIATION OF REALTORS and
who subscribe to its Code of Ethics. The copyright laws of the United States
(17U.SCode) forbid the unauthorized reproduction of this form ay any means
including facsimile or computerized forms.