Exclusive Buyer Brokerage Agreement

1. PARTIES: __________________________________________________________________________________ ( Buyer ) grants

____________________________________________________________________________________________________ ( Broker )
Real Estate Broker
/
Office
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 interest in real property.
2. TERM: This Agreement will begin on the _____ day of _____________________, _______ and will terminate at 11:59 p.m. on the
_____ day of _____________________, _______ (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 follows or as otherwise acceptable to Buyer (Property):

(a) Type of property: _____________________________________________________________________________________

(b) Location: _____________________________________________________________________________________________
(c) Price range: $____________________________ to $________________________________.
Buyer has been

pre-qualified

pre-approved by _________________________________________________________

for (amount and terms, if any) _______________________________________________________________________________

(d) Preferred terms and conditions: _________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
__________________________________________________________________________________________________________
4. BROKERS OBLIGATIONS:
(a) Broker Assistance. Broker will
* use Brokers professional knowledge and skills;
* assist Buyer in determining Buyers financial capability and financing options;
* discuss property requirements and assist Buyer in locating and viewing suitable properties;
* assist Buyer to contract for property, monitor deadlines and close any resulting transaction;
* 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 Brokers duties 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 offers 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 Buyers prior 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 Buyers request, refers or recommends to Buyer in connection with property acquisition.

Buyer (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 1 of 3 Pages.

EBBA-5

Rev. 11/09

2009

Serial#: 060426-200143-7673856

Florida Association of REALTORS

All Rights Reserved

5.

BUYERS OBLIGATIONS: Buyer agrees to cooperate with Broker in accomplishing the objectives of this Agreement, including:
(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
Buyers ability to acquire property. Buyer authorizes Broker to run a credit check to verify Buyers 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
attorneys fees, and from liability to any person, that Broker incurs because of acting on Buyers 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: Upon final execution of this Agreement, Buyer will pay to Broker a non-refundable retainer fee of
$________________________ for Brokers services (Retainer). This fee is not refundable and will will not be credited to
Buyer if compensation is earned by Broker as specified in this Agreement.
7. COMPENSATION: Brokers 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. Buyer will be
responsible for paying Broker the amount specified below plus any applicable taxes but will be credited with any amount which
Broker receives from a seller or a real estate licensee who is working with a seller.
(a) Purchase or exchange: $_________________ or _________% (select only one); or $_________________ or _________% plus
$_________________ (select only one) of the total pur chase price or other consideration for the acquired property, to be paid at
closing.
(b) Lease: $_________________ or _________% (select only one) of the gross lease value, to be paid when Buyer enters into
the lease. If Buyer enters into a lease-purchase agreement, the amount of the leasing fee which Broker receives will be
credited toward the amount due Broker for the purchase.
(c) Option: Broker will be paid $_________________ or _________% of the option amount (select only one), to be paid when
Buyer enters into the option agreement. If Buyer enters into a lease with option to purchase, Broker will be compensated for
both the lease and the option. If Buyer subsequently exercises the option, the amounts received by Broker for the lease and
option will be credited toward the amount due Broker for the purchase.
(d) Other: Broker will be compensated for all other types of acquisitions as if such acquisition were a purchase or exchange.
(e) Buyer Default: Buyer will pay Brokers compensation immediately upon Buyers default on any contract to acquire
property.
8. PROTECTION PERIOD: Buyer will pay Brokers compensation if, within ___________ days after Termination Date, Buyer
contracts to acquire any property which was called to Buyers attention by Broker or any other person or found by Buyer during
the term of this Agreement. Buyers obligation to pay Brokers 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 paying Brokers 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 Buyers
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 unresolveable 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. ASSIGNMENT; PERSONS BOUND: Broker may assign this Agreement to another broker. This Agreement will bind and inure to
Brokers and Buyers heirs, personal representatives, successors and assigns.
12. BROKERAGE RELATIONSHIP: Buyer authorizes Broker to operate as (check which is applicable):
single agent of Buyer.
transaction broker.
single agent of Buyer with consent to transition into a transaction broker.
nonrepresentative of Buyer.
Buyer (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 2 of 3 Pages.
EBBA-5

Rev. 11/09

2009

Serial#: 060426-200143-7673856

Florida Association of REALTORS

All Rights Reserved

13. SPECIAL CLAUSES: _______________________________________________________________________________________

______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
14. ACKNOWLEDGMENT; MODIFICATIONS: Buyer has read this Agreement and understands its contents. This Agreement
cannot be changed except by written agreement signed by both parties.
Date: ________________

Buyer : ________________________________

Tax ID No: __ __ __ - __ __ - __ __ __ __

Address: ________________________________________________________________________
Zip: ______________ Telephone: ____________________ Facsimile: _____________________
Date: ________________

Buyer : ________________________________

Tax ID No: __ __ __ - __ __ - __ __ __ __

Address: ________________________________________________________________________
Zip: ______________ Telephone: ____________________ Facsimile: _____________________
Date: ________________

Real Estate Associate: ___________________________________________________________

Date: ________________

Real Estate Broker: ______________________________________________________________

The Florida Association of REALTORS and local Board/Association of REALTORS specific transaction. This form is available for use by the entire real estate industry and is not
intended to identify the user as a make no representation as to the legal validity or adequacy of any provision of this form in any REALTOR. REALTOR is a registered collective
membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics.
The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms.

Buyer (_____) (_____) and Broker/Sales Associate (_____) (_____) acknowledge receipt of a copy of this page, which is Page 3 of 3 Pages.
EBBA-5

Rev. 11/09

2009

Serial#: 060426-200143-7673856

Florida Association of REALTORS

All Rights Reserved