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Exclusive Right To Sell Listing Contract (Commercial) Form. This is a Colorado form and can be use in Real Estate Statewide.
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Tags: Exclusive Right To Sell Listing Contract (Commercial), LC11, Colorado Statewide, Real Estate
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Index No.
The printed portions of this form, except differentiated additions, have been approved by the Colorado
:
Calendar No.
Real Estate Commission. (LC11-5-04)
Plaintiff(s)
:
JUDICIAL SUBPOENA
-againstTHIS IS A BINDING CONTRACT.
THIS FORM: HAS IMPORTANT LEGAL
CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
:
COUNSEL BEFORE SIGNING.
Compensation charged by real estate brokerage firms is not set by law. Such charges are established by
:
each real estate brokerage firm.
Defendant(s)
:
....... .............. .................. .... ...
DIFFERENT. . BROKERAGE . . RELATIONSHIPS . .ARE. . AVAILABLE WHICH INCLUDE
BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE.
EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT
THE PEOPLE OF THE STATE OF NEW YORK
(COMMERCIAL)
(SELLER AGENCY)
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid Date: you and each of you attend before
aside,
,
the Honorable
at the
Court
1.
AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract as of
located at
County of
the date set forth above., on the
in room
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
2.
AGENCY RELATIONSHIP.
a.
Multiple-Person Firm. If this box is checked, the individual designated by Brokerage
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
Firm to serve as whose behalfagent of Seller and to perform the services for $50 andrequired by sustained as a
the limited this subpoena was issued for a maximum penalty of Seller all damages this
the party on
contract is called Broker. to comply. one individual is so designated, then references in this contract to
result of your failure If more than
Broker shall include all persons so designated, including substitute or additional brokers. The agency
relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to
Witness, Honorable
, one of the Justices of the
any other brokers employed or engaged by Brokerage Firm who are not so designated.
Court in
County,
day of
, 20
b.
One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with
only one licensed natural person. References in this contract to Broker or Brokerage Firm mean both the
licensed natural person and brokerage firm who shall serve as the(Attorney must signof Sellertype name below) the
limited agent above and and perform
services for Seller required by this contract.
3.
DEFINED TERMS.
a.
Seller:
b.
Brokerage Firm:
c.
Attorney(s) for
Broker:
Office and P.O. Address
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
Page 1 of 10
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COURT
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d.
Index No.
Property. The Property is the following legally described real estate:
:
Calendar No.
in the County of
commonly known as No.
Plaintiff(s)
, Colorado,
-against-
:
JUDICIAL SUBPOENA
:
Street Address
City
State
Zip
: and attached fixtures appurtenant
together with the interests, easements, rights, benefits, improvements
thereto, all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
:
e.
Sale. A Sale is the voluntary transfer or exchange of any interest in the Property or the
Defendant(s)
:
. . . .creation. of .the. obligation . . .convey .any. interest. in .the. Property, including a contract or lease.
. . . . . . . . . . . . . . . . . . . to . . . . . . . . . . . . . . . . . . . .
voluntary
It also includes an agreement to transfer any ownership interest in an entity which owns the Property.
f.
Listing Period. The Listing Period of this contract shall begin on
, and
THE PEOPLE OF THE STATE OF NEW YORK
shall continue through the earlier of (1) completion of the Sale of the Property or (2)
. Broker shall continue to assist in the completion of any transaction for
TO
which compensation is payable to Brokerage Firm under § 13 of this contract.
g.
Applicability of Terms. A check or similar mark in a box means that such provision is
applicable. The abbreviation "N/A" means not applicable. The abbreviation "MEC" (mutual execution
GREETINGS:
of this contract) means the latest date upon which both parties have signed this contract.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at Brokerage Firm, acting through Broker, shall
Court
4.
BROKERAGE SERVICES AND DUTIES. the
located shall exercise reasonable skill and care for Seller.
County of
provide brokerage services to Seller. Broker at
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, as testify and give shall promote the interestsaction on the part of utmost good faith,
to Seller's agent, evidence as a witness in this of Seller with the the
a.
Broker,
loyalty and fidelity, including, but not limited to:
(1)
Seeking a price and terms that are acceptable to Seller; except that Broker shall
not to obligated this subpoena is punishable to contempt the Property while you
Your failure be comply withto seek additional offers as apurchase of court and will make the liable to
Property is subject to was issued for a maximum penalty of $50 and all damages sustained as a
the party on whose behalf this subpoena a contract for Sale;
(2)
Presenting all
result of your failure to comply. offers to and from Seller in a timely manner regardless of whether
the Property is subject to a contract for Sale;
(3)
Disclosing to Seller adverse material facts actually known by Broker;
Witness, Honorable
, one of the Justices of the
(4)
Counseling Seller as of any material benefits or risks of a transaction that are
to
Court in
County,
day
, 20
actually known by Broker;
(5)
Advising Seller to obtain expert advice as to material matters about which Broker
knows but the specifics of which are beyond the expertise above and type and below)
of Broker; name
(Attorney must sign
(6)
Accounting in a timely manner for all money and property received.
b.
Broker shall not disclose the following information without the informed consent of
Attorney(s) for
Seller:
(1)
That Seller is willing to accept less than the asking price for the Property;
(2)
What the motivating factors are for Seller to sell the Property;
(3)
That Seller will agree to financing terms other than those offered;
Office and P.O. Address
(4)
Any material information about Seller unless disclosure is required by law or
failure to disclose such information would constitute fraud or dishonest dealing;
or
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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(5)
Index No.
Any facts or suspicions regarding circumstances that could psychologically
:
Calendar No.
impact or stigmatize the Property.
:
JUDICIAL SUBPOENA
Plaintiff(s)
c.
Seller consents to Broker’s disclosure of Seller’s confidential information to the
supervising broker or designee -againstfor the purpose of proper supervision, provided such supervising broker
:
or designee shall not further disclose such information without consent of Seller, or use such information
:
to the detriment of Seller.
:
d.
Seller shall not be vicariously liable for the acts of Broker that are not approved, directed
or ratified by Seller.
Defendant(s)
:
......................................................
e.
Broker has no duty to conduct an independent inspection of the Property for the benefit
of a buyer and has no duty to independently verify the accuracy or completeness of statements made by
Seller THE PEOPLE OFinspectors. Broker has no duty to conduct an independent investigation of a
or independent THE STATE OF NEW YORK
buyer's financial condition or to verify the accuracy or completeness of any statement made by a buyer.
TO
f.
In-Company Transaction – Different Brokers. When Seller and buyer in a transaction
are working with different brokers, those brokers continue to conduct themselves consistent with the
brokerage relationships they have established. Seller acknowledges that Brokerage Firm is allowed to
GREETINGS:
offer and pay compensation to brokers within Brokerage Firm working with a buyer.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
g.
In-Company Transaction – One Broker. If Seller and buyer are both working with the
,
the Honorable
at the
Court
same broker the following applies: located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
Checkor adjourned date, to testify and give evidence as a witness in this action on the part of the
One Box Only
(1) Seller’s Agent. If this box is checked, Broker shall represent Seller as Seller’s Agent
and shall treat the buyer as a customer. A customer is a party to a transaction with whom Broker has no
Your failure to comply disclose to such customer Broker's relationship with Seller.
brokerage relationship. Broker shall with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
(2) Seller’s Agent Unless Brokerage Relationship with Both. If this box is checked,
Broker shall represent Seller as Seller’s Agent and shall treat the buyer as a customer, unless Broker
Witness, Honorable
, with the buyer, in which
currently has or enters into an agency or Transaction-Brokerage relationshipone of the Justices of the
Court shall act as a Transaction-Broker.
County,
day of
, 20
case Broker in
(3) Transaction-Broker. If this box is checked, Broker shall (if also permitted by
(Attorney must a above and type name below)
buyer) act as a Transaction-Broker. When acting as a Transaction-Broker,signbroker assists the parties
throughout a contemplated real estate transaction with communication, interposition, advisement,
negotiation, contract terms and the closing of the transaction without being an agent or advocate for the
interests of either party to the transaction. Broker, when acting Attorney(s) for
as a Transaction-Broker, may disclose
any information to one party that Broker gains from the other party if the information is relevant to the
transaction or party, except Broker shall not disclose the following information without prior consent:
(a)
That buyer is willing to pay more than the purchase price offered for the Property;
(b)
That Seller is willing to accept less than the asking price for the Property;
Office and P.O. Address
(c)
What the motivating factors are for any party buying or selling the Property;
(d)
That Seller or buyer will agree to financing terms other than those offered;
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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(e)
Index No.
Any material information about the other party unless:
:
Calendar No.
(1)
the disclosure is required by law,
:
(2)
the disclosure pertains to adverse material facts about SUBPOENA
JUDICIAL buyer's financial
Plaintiff(s)
ability to perform the terms of the transaction,
-against(3)
failure to disclose such information :would constitute fraud or dishonest
dealing.
:
:
5.
SELLER’S OBLIGATIONS TO BROKER. Seller agrees to conduct all negotiations for the
Sale of the Property only through Broker, and to refer to Broker all communications received in any
Defendant(s)
:
form from .real. . . . . . . brokers, .prospective. buyers,. tenants. or .any. other source during the Listing Period
. . . . . . estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
of this contract. Seller represents that Seller
Is Is Not currently a party to any listing agreement
with any other broker to sell the Property.
6.
THE PEOPLE OF THE STATE OF NEW YORK
PRICE AND TERMS.
TO
a.
Price. U.S. $ ______________________________
b.
Terms.
Cash
Other:
GREETINGS:
Conventional
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
c.
Loan
,
the Honorable Discount Points.
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
d.
the form of
Earnest Money. Minimum amount of earnest money deposit U.S. $
.
in
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
e.
the party Seller Proceeds. Seller will receive net for a maximum penalty of $50 and all damages sustained as a
on whose behalf this subpoena was issued proceeds of closing as indicated:
Cashier's Check at Seller's expense; Funds Electronically Transferred (Wire Transfer) to
result of your failure to comply.
an account specified by Seller, at Seller's expense; or
Check.
Witness, Honorable
Court in
County,
day of
Closing Company's Trust Account
, one of the Justices of the
, 20
f.
Advisory-Tax Withholding. The Internal Revenue Service and the Colorado
Department of Revenue may require closing company to withhold a substantial portion of the
proceeds of this Sale when Seller either (1) is a foreign person or (2) will not be a Colorado resident
(Attorney
after closing. Seller should inquire of Seller's tax advisor to determine ifmust sign above and type name below)
withholding applies or if an
exemption exists.
Attorney(s) for
7.
DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by
Broker pursuant to a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest
money deposit to the closing agent, if any, at or before the closing of the Sale contract.
8.
INCLUSIONS AND EXCLUSIONS.
a.
Office and P.O. Address
Purchase Price. The Purchase Price includes the following items (Inclusions):
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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......... ..
:
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Index No.
(1)
Fixtures. If attached to the Property on the date of this contract, lighting, heating,
:
Calendar No.
plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting
blocks/jacks, plants, mirrors, floor coverings, intercom systems, sprinkler systems and controls; and
:
JUDICIAL SUBPOENA
Plaintiff(s)
(2)
-againstExclusions. The following attached fixtures :are excluded:
.
:
(3)
Personal Property. If on the Property whether attached or not on the date of this
:
contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window
coverings, curtain rods, drapery rods, storage Defendant(s) all keys. If checked, the following are
sheds, and
:
. . . . . .Smoke/Fire. Detectors . . . .Security .Systems; and. . . . .
.......... .........
....... ...........
included:
.
(4)
Transfer of Personal Property. The Personal Property to be conveyed at
THE PEOPLE OF THE STATE OF NEW YORK
closing shall be conveyed, by Seller, free and clear of all taxes (except personal property taxes for the
year of closing), liens and encumbrances, except
TO
.
Conveyance shall be by bill of sale or other applicable legal instrument.
(5)
GREETINGS:
Trade Fixtures. The following trade fixtures:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located
County of AND ENCUMBRANCES. at Seller represents to Broker that title to the Property is
9.
TITLE
in room
, on the shallday of to Broker20 copies of all relevant title materials, leases,recessed
, true , at
o'clock in the
noon, and at any
solely in Seller's name. Seller
deliver
or adjourned date, certificates and surveys in Seller's possession and shall disclose to Broker all
to testify and give evidence as a witness in this action on the part of the
improvement location
easements, liens and other encumbrances, if any, on the Property, of which Seller has knowledge. Seller
authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker
the amount owing on said encumbrance and the terms is punishable casecontempt of court and will make you liable to
Your failure to comply with this subpoena thereof. In as a of Sale, Seller agrees to convey,
by a the party on whose behalfdeed, only that title Seller has maximum penalty Property shall damages sustained as a
this subpoena was issued for a in the Property. of $50 and all be conveyed
free and clear of allfailure to comply. general taxes for the year of closing.
result of your taxes, except the
All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall
be paid by Seller and Honorableexcept as Seller and buyer may otherwiseone of the Existingofmonetary
Witness, released
, agree. Justices the
encumbrances are as follows:
Court in
County,
day of
, 20
.
The Property is subject to the following leases and tenancies:
.
(Attorney must sign above and type name below)
If the Property has been or will be subject to any governmental liens for special improvements
installed at the time of signing a Sale contract, Seller shall be responsible for payment of same unless
otherwise agreed. Brokerage Firm may terminate this Listing Contract upon written notice to Seller that
Attorney(s) for
title is not satisfactory to Brokerage Firm.
10.
EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, a current
commitment and an owner's title insurance policy in an amount equal to the Purchase Price in the form
specified in the Sale contract, or if this box is checked,
An Office and of Title certified to a current
Abstract P.O. Address
date.
11.
Telephone No.:
POSSESSION. Possession of the Property shall be delivered to buyer as follows:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Page 5 of 10
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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:
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280
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282
Index No.
_________________________________________________________________________________,
:
Calendar No.
subject to leases and tenancies as described in § 9.
12.
:
JUDICIAL SUBPOENA
Plaintiff(s)
MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
-against-
:
a.
Broker's Obligations. Colorado law requires a broker to disclose to any prospective
:
buyer all adverse material facts actually known by such broker including but not limited to adverse
material facts pertaining to the title to the Property and the physical condition of the Property, any
:
material defects in the Property, and any environmental hazards affecting the Property which are
required by law to be disclosed. These types Defendant(s)
of disclosures may include such matters as structural
:
. . . . . . .conditions, . violations. .of. . . . . . . . zoning . or .building . laws, and nonconforming uses and
. . . . . . . . . . . . . . . . . . health, . . . . . . . . . . . . . . .
defects, soil
zoning variances. Seller agrees that any buyer may have the Property and Inclusions inspected and
authorizes Broker to disclose any facts actually known by Broker about the Property.
THE PEOPLE OF THE STATE OF NEW YORK
b.
Seller’s Obligations.
TO
(1)
Property Disclosure. A seller is not required by law to provide a written
disclosure of adverse matters regarding the Property. However, disclosure of known material latent (not
obvious) defects is required by law. Seller
Agrees
Does Not Agree to provide a written
disclosure of adverse matters regarding the Property completed to the best of Seller's current, actual
GREETINGS:
knowledge.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable Lead-Based Paint. Unless exempt, if the improvements on the Property include
at the
Court
(2)
located
one orCounty residential dwellings for whichata building permit was issued prior to January 1, 1978, a
more of
in room
,Paint Disclosureof
on the
day (Sales) form, must beat
20
, signed by Seller, the real noon, and at any recessed
o'clock in the
completed Lead-Based
estate licensees
or adjourned date, to testify andagive evidence as a witness in this action on the part of the
and given to any potential buyer in timely manner.
13.
COMPENSATION TO BROKERAGE FIRM. Seller agrees that any Brokerage Firm
compensation that isfailure to comply with this subpoena Property shall becontempt of Brokerage Firm as set liable to
Your conditioned upon the Sale of the is punishable as a earned by court and will make you
forth herein without any behalf thisor allowance for any for a maximum penalty of $50 and all damages sustained as a
the party on whose discount subpoena was issued efforts made by Seller or by any other person in
connection with thefailureof the Property.
result of your Sale to comply.
a.
Amount.Honorable
Witness, In consideration of the services to be performed by Broker, Justices agrees to
, one of the Seller of the
pay Brokerage Firm as follows:
Court in
County,
day of
, 20
(1)
Sale Commission. (a)
(b)
(Attorney must sign above and type name below)
(2)
or (b)
b.
following:
% of the gross sales price in U.S. dollars, or
Lease Commission. (a)
.
% of the gross rent under the lease in U.S. dollars,
.
Attorney(s) for
When Earned. Such commission shall be earned upon the happening of any of the
(1)
Office and P.O. Address
Any Sale of the Property within the Listing Period by Seller, by Broker or by any
other person;
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
283
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285
286
287
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292
293
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296
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298
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311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
Index No.
(2)
Broker finding a buyer who is ready, willing: and able to complete the transaction
Calendar No.
as specified herein by Seller; or
:
JUDICIAL SUBPOENA
Plaintiff(s)
(3)
Any Sale of the Property within
calendar days subsequent to the
expiration of the Listing Period-against(Holdover Period) to anyone with :whom Broker negotiated and whose
name was submitted, in writing, to Seller by Broker during the Listing Period (including any extensions
thereof). However, Seller shall owe no commission to Brokerage: Firm under this subsection (3) if a
commission is earned by another licensed real estate brokerage firm acting pursuant to an exclusive
:
agreement entered into during the Holdover Period.
Defendant(s)
:
. c. . . . . .When. Applicable .and .Payable.. . The. commission. obligation shall apply to a Sale made
..
..... .......... ... ....... ... .......... .
during the Listing Period or any extension of such original or extended term. The commission described
in subsection 13a(1) shall be payable at the time of the closing of the Sale as contemplated by subsection
13b(1) or 13b(3), or upon fulfillment of subsection 13b(2) where either the offer made by such buyer is
THE PEOPLE OF THE STATE OF NEW YORK
defeated by Seller or by the refusal or neglect of Seller to consummate the Sale as agreed upon.
TO
d.
Lease and Lease Option Commissions. If the transaction consists of a lease or a lease
and right to purchase the Property, the commission relating to the lease shall be as provided in
subsection 13a(2), payable as follows:
GREETINGS:
e.
Other Compensation.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
14. County of
LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor the Brokerage
located at
Firm, in room as set forth the § 13,day of accept compensation fromo'clock other person orand at any recessed
except
shall
any in the
, on in
, 20
, at
noon, entity in
connection with the Property without the written consent of Seller. Additionally, neither Broker nor
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Brokerage Firm shall assess or receive mark-ups or other compensation for services performed by any
third party or affiliated business entity unless Seller signs a separate written consent.
Your failure to comply with this subpoena MULTIPLE LISTING SERVICE AND
15.
OTHER BROKERS' ASSISTANCE, is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoenaby Broker for the advantages andof $50 and all damages sustained as a
MARKETING. Seller has been advised was issued of a maximum penalty disadvantages of various
result of your failure to
marketing methods, the usecomply.
of multiple listing services and various methods of making the Property
accessible by other brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and
Witness, Honorable
, one of the Justices of the
whether some methods may limit the ability of another broker to show the Property. After having been
Court in
County,
day of
20
so advised, Seller has chosen the following (check all that,apply):
a.
The Property
(Attorney must sign above and type
Shall
Shall Not be submitted to one or more multiple listing services. name below)
Shall
Shall Not be submitted to one or more property information exchanges.
Seller authorizes the use of electronic and all other marketing methods except:
Attorney(s) for
Seller further authorizes use of the data by multiple listing services and property
information exchanges, if any.
Access to the Property by other brokerage firms may be by:
Lock Box
Office and P.O. Address
Other instructions:
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
Page 7 of 10
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......... ..
:
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Index No.
b.
Broker shall seek assistance from, and Brokerage Firm offers compensation to, the
:
Calendar No.
following brokers outside of Brokerage Firm:
Buyer Agents:
% of the gross sales price in U.S. dollars.
:
JUDICIAL SUBPOENA
Plaintiff(s) gross sales price in U.S. dollars.
Transaction-Brokers:
% of the
-against-
:
16.
FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer,
:
the sums received shall be divided between Brokerage Firm and Seller, one-half thereof to Brokerage
Firm but not to exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller.
:
Any forfeiture of payment under this section shall not reduce any Brokerage Firm compensation under §
13.
Defendant(s)
:
......................................................
17.
COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing,
Brokerage Firm shall bear all expenses incurred by Brokerage Firm, if any, to market the Property and
to compensate cooperating brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or
THE PEOPLE OF THE STATE OF NEW YORK
order any other products or services unless Seller agrees in writing to pay for them promptly when due
(examples: surveys, radon tests, soil tests, title reports, engineering studies). Unless otherwise agreed,
TO
neither Broker nor Brokerage Firm shall be obligated to advance funds for the benefit of Seller in order
to complete a closing. Seller shall reimburse Brokerage Firm for payments made by Brokerage Firm for
such products or services authorized by Seller.
GREETINGS:
18.
MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm shall be
responsible for WE COMMANDthe Property nor shall and excuses being laid aside, of any kind occurring to before
maintenance of YOU, that all business they be liable for damage you and each of you attend
,
the Honorable such damage shall be caused by their negligence orCourt
at the
the Property, unless
intentional misconduct.
located at
County of
in room
, on theSeller day of
, 20
, Colorado law, Brokerage noon, and athaverecessed
o'clock in the
19.
OTHER SELLERS.
acknowledges that, underat
Firm may any
or adjourned date,sellers to and giveand sell their properties. action on the part of the
to testify market evidence as a witness in this
agreements with other
20.
NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any
prospective buyer because to comply with this subpoenasex, marital status, national origin, familial status, liable to
Your failure of the race, creed, color, is punishable as a contempt of court and will make you
physical or mentalwhose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
the party on handicap, religion or ancestry of such person.
result of your failure to comply.
21.
RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,
Seller acknowledges that Broker has advised that this document has important legal consequences and
Witness, Honorable
, one of the Justices of the
has recommended consultation with legal and tax or other,counsel before signing this contract.
Court in
County,
day of
20
22.
MEDIATION. If a dispute arises relating to this contract, prior to or after closing, and is not
resolved, the parties shall first proceed in good faith to submit the matter tosign above and type name below)is a
mediation. Mediation
(Attorney must
process in which the parties meet with an impartial person who helps to resolve the dispute informally
and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree
before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share
Attorney(s) for
equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the
event the entire dispute is not resolved within 30 calendar days of the date written notice requesting
mediation is sent by one party to the other at the party’s last known address.
Office and P.O. Address
23.
ATTORNEY FEES. In the event of any arbitration or litigation relating to this contract,
the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,
including attorney and legal fees.
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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......... ..
:
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424
425
Index No.
24.
ADDITIONAL PROVISIONS. (The following additional provisions have not been approved
:
Calendar No.
by the Colorado Real Estate Commission.)
Plaintiff(s)
-against-
25.
:
JUDICIAL SUBPOENA
:
ATTACHMENTS. The following are a part of this contract:
:
:
26.
NOTICE, DELIVERY AND CHOICEDefendant(s)
OF LAW.
:
......................................................
a.
Physical Delivery. Except for the notice requesting mediation described in § 22 and
except as provided in § 26b below, any notice to the other party to this contract must be in writing, and
is effective upon receipt.
THE PEOPLE OF THE STATE OF NEW YORK
b.
Electronic Delivery. As an alternative to physical delivery, any signed document and
TO
written notice may be delivered in electronic form by the following indicated methods only:
Facsimile
E-mail
None. Documents with original signatures shall be provided upon request
of any party.
GREETINGS:
c.
Choice of Law. This contract and all disputes arising hereunder shall be governed by
WE COMMAND YOU, that of the State of Colorado that would be applicable of you attend
and construed in accordance with the lawsall business and excuses being laid aside, you and eachto Colorado before
,
the who sign a contract in this state for property at the in Colorado.
Honorable
Court
residents
located
located at
County of
in room
, on the THIS LISTING CONTRACT. No subsequentthe
day of
, 20
, at
o'clock in modificationand any ofrecessed
noon, of at any
27.
MODIFICATION OF
or adjourned date, to testify and give evidencebinding upon the parties,on the part of the unless made in
as a witness in this action or enforceable
the terms of this Listing Contract shall be valid,
writing and signed by the parties.
28.
COUNTERPARTS. comply with this subpoena is punishable as Seller herein,court Listing Contract liable to
Your failure to If more than one person is named as a a contempt of this and will make you
may be executed by each Seller, separately, was issued so executed, such copies $50 and all damages sustained as a
the party on whose behalf this subpoena and when for a maximum penalty of taken together with one
executed byof your failure to comply.
result Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract
between the parties.
Witness, Honorable
, one of the Justices of the
29. Court in
ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties,
County,
day of
, 20
and any prior agreements, whether oral or written, have been merged and integrated into this contract.
30.
COPY OF CONTRACT. Seller acknowledges receipt of a copysign above and type name below) by
of this contract signed
(Attorney must
Broker, including all attachments.
Attorney(s) of
Brokerage Firm authorizes Broker to execute this Listing Contract on behalf for Brokerage Firm.
Date:
Date:
Office and P.O. Address
Seller
Address:
Seller
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
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COURT
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......... ..
:
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
Phone No.:
Email Address:
Fax No.:
:
Plaintiff(s)
Date:
Index No.
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
Broker
Broker's Name:
Address:
Phone No.:
Email Address:
:
:
Fax No.:
Defendant(s)
:
......................................................
Brokerage Firm's Name:
Address:
Phone No.:
Fax No.:
THE PEOPLE OF THE STATE OF NEW YORK
Email Address:
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
located at
County of
in room
, on the
day of
, 20
, at
o'clock in the
noon, and at any recessed
or adjourned date, to testify and give evidence as a witness in this action on the part of the
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a
result of your failure to comply.
Witness, Honorable
Court in
County,
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Attorney(s) for
Office and P.O. Address
Telephone No.:
Facsimile No.:
No. LC11-5-04 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (Commercial) (Seller Agency)
E-Mail Address:
Mobile Tel. No.:
Page 10 of 10
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