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(120 days from mutual execution if not filled in)
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1. AGENCY AGREEMENT. Buyer retains the above-named Buyer Agent Firm (“Firm”) and Buyer Agent (“Agent”) to act as Buyer's agent in the purchase of real property. Agent agrees to represent Buyer in accordance with the duties of a buyer's agent as set forth in the "Initial Agency Pamphlet", which Buyer has received and read. Any additional duties must be agreed to in writing.
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2. AGENCY RELATIONSHIP. Firm and Agent’s agency relationship with Buyer shall be (“Exclusive” if neither is checked):
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Agency Relationship *
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3. COMPENSATION DISCLOSURE. Real estate broker compensation is not set by law and is fully negotiable.
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4. COMPENSATION.
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4a. Compensation to Firm - If Buyer purchases real property covered by this Agreement, Buyer shall pay Firm (the "Compensation"): *
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4b. Unrepresented Seller - If a seller is not represented by a real estate broker the Compensation shall be: *
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4c. Non-Exclusive Agency. If the agency relationship between Buyer and Agent is non-exclusive, then buyer shall be obligated to pay the Compensation only if Agent represents Buyer in the purchase as indicated in the Real Estate Sales Agreement.
4d. Due Date. Buyer shall pay the Compensation to Firm at closing of the sale of real property covered by this Agreement.
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5. SELLER OFFER OF COMPENSATION. A seller may offer compensation to Firm for representing Buyer in the purchase of theseller’s property.
5a. Seller’s Offer Equal. If the compensation offered by a seller is equal to the Compensation, Buyer shall have no obligation to pay Firm the Compensation.
5b. Seller’s Offer Less. If a seller does not offer compensation or if the compensation offered by a seller is less than the Compensation, Buyer authorizes Agent to negotiate, on Buyer’s behalf, with the seller for compensation that is equal to the Compensation. If the seller refuses to pay compensation that is equal to the Compensation and Buyer proceeds with a purchase, Buyer will be required to pay the difference between the seller offered compensation and the Compensation at closing.
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5c. Seller’s Offer Greater - If the compensation offered by a seller is greater than the Compensation, Buyer shall have no obligation to pay Firm the Compensation. The amount offered by a seller that is greater than the Compensation shall be: *
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6. TERMINATION. Buyer, Agent, or Firm may terminate this Agreement at any time by giving written notice.
6a. Termination by Firm/Agent. If Firm or Agent terminates this Agreement, Buyer shall be released from all obligations.
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7. Purchase of Covered Property Following Buyer Termination/Expiration
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8. DISCLOSED LIMITED AGENCY. If Buyer is interested in a property in which Agent has an agency relationship with the seller, then Agent shall immediately disclose such in writing to Buyer. If this situation arises, Buyer consents to Agent and Firm’s supervisory agent(s) acting as disclosed limited agents in accordance with the Initial Agency Pamphlet and the parties shall enter into a disclosed limited agency agreement in the form required by ORS 696.815.
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9. COMPENSATION DISPUTES. In the event of a dispute over the Compensation provided herein between Buyer and Agent or Firm that cannot be resolved through formal or informal mediation, the dispute shall be submitted to final and binding arbitration under the rules of the Arbitration Service of Portland. The prevailing party in any arbitration shall, at the discretion of the arbitrator(s), be entitled to recovery of all costs, disbursements and attorney fees allowed by law. Notwithstanding the foregoing, in the event Buyer enters into a Real Estate Sale Agreement for the purchase of real property during the terms of this Agreement, the dispute resolution provisions contained therein shall supersede and replace this Section 8. By consenting to this provision, the parties are agreeing that disputes arising under this Agreement shall be heard and decided by one or more neutral arbitrators and the parties are giving up the right to have the matter tried by a judge and jury. The right to appeal an arbitration decision is limited under Oregon Law.
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10. AGENCY REPRESENTATION.
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Buyer represents that Buyer: *
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11. OTHER TERMS.
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12. ENTIRE AGREEMENT. The terms of this Agreement are the complete and final expression of the agreement between Buyer, Agent, and Firm and cannot be altered, amended, modified, or changed except in writing, signed by both Buyer and Agent and Firm.
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Baker City Realty, Inc.
1933 Court Ave
Baker City, OR 97814
(541) 523-5871
BakerCityRealty.com
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