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Buyer initials _______ _______ Individual agent initials _______
Revised 7/2022
© 7/2022
before Buyer makes or accepts an offer to buy. (Note: NCAR Form #770 may be used to confirm the disclosure of any such
Additional Compensation)
(c) The compensation shall be deemed earned under any of the following circumstances:
(i) If, during the term of this Agreement, Buyer, any assignee of Buyer or any person/legal entity acting on behalf of Buyer
directly or indirectly enters into an agreement to purchase, option, and/or exchange any property of the type described
above regardless of the manner in which Buyer was introduced to the property; or
(ii) If, within _________ days after expiration of this Agreement (“Protection Period”), Buyer enters into a contract to acquire
property introduced to Buyer during the term of this Agreement by Firm or any third party, unless Buyer has entered into
a valid buyer agency agreement with another real estate firm; or
(iii) If, having entered into an enforceable contract to acquire property during the term of this Agreement, Buyer defaults under
the terms of that contract.
(d) The compensation will be due and payable at distribution of proceeds from sale of the Property by the closing attorney or upon
Buyer’s default of any purchase agreement. If Buyer defaults, the total compensation that would have been due the Firm will
be due and payable immediately in cash from the Buyer. No assignment of rights in real property obtained for Buyer or any
assignee of Buyer or any person/legal entity acting on behalf of Buyer pursuant to this Agreement shall operate to defeat any
of Firm rights under this Agreement.
(e) Attorney Fees and Costs. If Firm is the prevailing party in any legal proceeding brought by Firm against Buyer to recover the
Fee, Firm shall be entitled to recover from Buyer reasonable attorney fees and court costs incurred by Firm in connection with
the proceeding.
(fe) If Buyer purchases unimproved property, Agent may assist Buyer in identifying a contractor to make improvements on the
property, subject to the provisions of paragraph 10. Buyer acknowledges and understands that in such a case, the contractor
may offer to compensate Agent. Agent shall disclose to Buyer the existence of such an offer of compensation before Buyer
enters into a contract with the contractor, and Buyer hereby consents to the receipt by Agent of any such compensation.
5. OTHER POTENTIAL BUYERS. Buyer understands that other prospective purchasers represented by Firm may seek property,
submit offers, and contract to purchase property through Firm, including the same or similar property as Buyer seeks to purchase.
Buyer acknowledges, understands and consents to such representation of other prospective purchasers by Firm through its agents.
6. FIRM’S DUTIES.
(a) General. During the term of this Agreement, Firm shall promote the interests of Buyer by:
(ai) performing the terms of this Agreement;
(bii) seeking property at a price and terms acceptable to Buyer;
(ciii) presenting in a timely manner all written offers or counteroffers to and from Buyer;
(div) disclosing to Buyer all material facts related to the property or concerning the transaction of which Firm has actual
knowledge; and
(ev) accounting for in a timely manner all money and property received in which Buyer has or may have an interest.
(b) Confidentiality. Unless otherwise provided by law or Buyer consents in writing to the release of the information, Firm shall
maintain the confidentiality of all personal and financial information and other matters identified as confidential by Buyer, if that
information is received from Buyer during the brokerage relationship.
(c) Standard of care. In satisfying these Firm’s duties, Firm shall exercise ordinary care, comply with all applicable laws and
regulations, and treat all prospective sellers honestly and not knowingly give them false information.
(d) Representation of others. In addition, Firm may show the same property to other buyers, represent other buyers, represent
sellers relative to other properties, or provide assistance to a seller or prospective seller by performing ministerial acts that are not
inconsistent with Firm’s duties under this Agreement.
(e) Submission of information to listing service. Upon closing of any sale of property not entered in a listing service of which
Firm is a member, Buyer authorizes Firm to submit pertinent information concerning the property, including sales price, to such listing
service.
7. DISCLOSURE OF BUYER'S NAME/MAILING ADDRESS.
(a) Unless otherwise stated in Paragraph 13 below, Firm has Buyer's permission to disclose Buyer's name.
(b) In accordance with NC General Statutes Section 93A-12, if a dispute regarding the return or forfeiture of any earnest money
deposit arises between Buyer and the seller of any real property Buyer may agree to purchase, the escrow agent holding the deposit
NOTE: Buyer understands and acknowledges that there is the potential for a conflict of interest generated by a percentage of
price based fee for representing Buyer. The amount, format or rate of real estate commission is not fixed by law, but is set by
each broker individually, and may be negotiable between Buyer and Firm.