Common use of Compensation to Broker Clause in Contracts

Compensation to Broker. a. BUYER/▇▇▇▇▇▇ agrees to pay BROKER compensation in the following manner: For assisting and negotiating in the procurement of property acceptable to BUYER/TENANT, or serving in disclosed dual agency (Missouri only) or transaction broker situations) BROKER’s fee shall be in the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % of the purchase/lease price. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing service, the BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT agrees to either pay any and all of the balance on the agreed fee at the closing of the transaction, or forego the purchase/lease of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation is to be paid from the transaction by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept same. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent (Missouri only) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within days after termination of this Contract, which property the BROKER, BROKER’S Agent or cooperating brokers presented or submitted to BUYER/TENANT during the term hereof and the description of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen (14) days after termination of this Contract. e. The fee shall also be deemed earned if the property was presented to BUYER/TENANT by someone other than BROKER or was actually seen by the BUYER/TENANT without the services or assistance of any broker, during the term of this Contract and BUYER/TENANT shall have failed to disclose to BROKER the description of such property or to refer the presentation or submission to BROKER. f. The BUYTER/TENANT shall be released and relieved of any obligation to pay the fee described herein, if through no fault on the part of the BUYER/TENANT, the SELLER/LANDLORD fails to close the transaction. This provision shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by the BUYER/TENANT immediately.

Compensation to Broker. a. BUYER/▇▇▇▇▇▇ SELLER/LANDLORD agrees to pay BROKER compensation a commission of: a. If a sale:   percent ( %) of the final sale price of the Property (the “Commission”). Closing agents hereby have the authority to pay such commission in the following manner: For assisting and negotiating in the procurement form of property cash, a cashier’s check or other forms acceptable to BUYER/TENANT, or serving in disclosed dual agency (Missouri only) or transaction broker situations) BROKER’s fee shall be in Broker at the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % Closing of the purchase/lease pricesale. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing service, the BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT SELLER further agrees to either pay any and all of BROKER the balance on above described commission if the agreed fee at the closing of the transaction, or forego the purchase/lease of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation Property is to be paid from the transaction sold by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept same. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent (Missouri only) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT SELLER or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein other party during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within   ( ) days after termination the expiration date of this Contract to any party to whom the Property was submitted and whose name was disclosed to SELLER by BROKER, in writing, within   ( ) days after the expiration of this Contract, which property . SELLER further agrees to exclude such buyers from any subsequent “Right To Sell/Lease Agreements” with any other broker for a period of   days from the BROKER, BROKER’S Agent or cooperating brokers presented or submitted to BUYER/TENANT during date of the term hereof and the description of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen (14) days after termination expiration of this Contract. e. The fee shall also be deemed earned b. If a lease:   percent ( %) of the total value of the lease (the “Commission”) upon  . LANDLORD further agrees to pay BROKER the above described commission if the property was presented to BUYER/TENANT Property is leased by someone LANDLORD or any other than BROKER or was actually seen by the BUYER/TENANT without the services or assistance of any broker, party during the term of this Contract, or if the Property is leased within   days after the expiration of this Contract to any party to whom the Property was submitted and BUYER/TENANT whose name was disclosed to LANDLORD by BROKER, in writing, within   ( ) days after the expiration of this Contract, or if the Property is transferred by reason of condemnation or threat thereof during the term of this Contract. In the event the Property is sold during the term of any lease for which commissions are payable hereunder, LANDLORD agrees that the terms of such sale shall have failed include the assumption by the purchaser of LANDLORD’S obligation to disclose pay commissions hereunder. LANDLORD further agrees to exclude such tenants from any subsequent “Right To Sell /Lease Agreements” with any other broker for a period of   ( ) days from the date of the expiration of this Contract. Commission shall also be paid by LANDLORD to BROKER on all amounts paid to LANDLORD under any extensions and/or renewals of the description lease term and for enlargement or substitution of the leased premises, when such property occurs. If the Property is sold to tenant or related party during the tenant’s occupancy or within   ( ) days after termination, LANDLORD shall pay to refer BROKER an additional commission of   percent ( %)of the presentation or submission sale price, but will credit against such additional commission the amount of lease commissions previously paid, but unamortized, to BROKER. f. The BUYTER/TENANT shall be released and relieved of any BROKER by LANDLORD. LANDLORD’S obligation to pay the fee above described hereincommission shall survive the expiration of this Contract. In the event a deposit is made on a sale or lease contract and is then forfeited, if through no fault on the part one-half of the BUYER/TENANTdeposit shall be paid to BROKER, the SELLER/LANDLORD fails to close the transaction. This provision but said payment shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by in excess of the BUYER/TENANT immediatelyfee to which BROKER otherwise would have been entitled to receive.

Compensation to Broker. a. BUYER/(a) If, during the term of this Agreement, Listing Broker, other real estate licensees, or any other person, including Seller/Landlord, procures a ready, willing, and able Buyer or Tenant who offers to purchase and/or rent Property on the amount and terms stated in this Agreement or that are otherwise acceptable to /Seller/Landlord, Seller/Landlord agrees to pay to Listing Broker compensation as provided below: (1) For a sale, a commission of % of the gross purchase price shall be paid at the time of closing. (2) For a lease, a commission of % of the gross aggregate lease amount, limited to years shall be paid (check one) (check one) in full at the time of lease execution OR % of the total commission due shall be paid at the time of execution of the lease and % to be paid ✔ within months after execution OR at the time of occupancy. (3) Other: (specify) (b) Listing Broker may apply the deposit (s) held in the escrow account to payment of the previously agreed brokerage fee. If the escrow funds are insufficient for the complete payment of the brokerage commission, ▇▇▇▇▇▇▇▇ agrees to pay BROKER compensation in the following manner: For assisting and negotiating in balance due. Compensation to Listing Broker is not refundable if a tenant fails to comply with the procurement terms of property acceptable to BUYER/TENANTthe lease or rental agreement. (c) If within calendar days of the termination of this Agreement, the Property is rented, sold, optioned, conveyed, or serving in disclosed dual agency otherwise transferred to anyone with whom Listing Broker has had contact directly and/or indirectly prior to final termination of this listing, compensation is due upon such default. (Missouri onlyd) or transaction broker situations) BROKERIf Seller/Landlord’s fee shall be in the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % of the purchase/lease price. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing service, the BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT agrees to either pay any and all of the balance on the agreed fee at the closing default prevents completion of the transaction, compensation is due upon such default. (e) If Seller/Landlord withdraws Property from the market, transfers, conveys, leases, rents, loses Property to foreclosure, or, by a voluntary act, makes Property unavailable for sale or forego rent, without the purchase/lease consent of Listing Broker, during the above time period or any extension of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation is time period Listing Broker may elect to be paid from the transaction by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept samefull compensation or reimbursed for expenses relating to marketing Property. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent (Missouri onlyf) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within days after termination of this Contract, which property the BROKER, BROKER’S Agent or cooperating brokers presented or submitted to BUYER/TENANT during the term hereof and the description of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen Other: (14) days after termination of this Contract. e. The fee shall also be deemed earned if the property was presented to BUYER/TENANT by someone other than BROKER or was actually seen by the BUYER/TENANT without the services or assistance of any broker, during the term of this Contract and BUYER/TENANT shall have failed to disclose to BROKER the description of such property or to refer the presentation or submission to BROKER. f. The BUYTER/TENANT shall be released and relieved of any obligation to pay the fee described herein, if through no fault on the part of the BUYER/TENANT, the SELLER/LANDLORD fails to close the transaction. This provision shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by the BUYER/TENANT immediately.specify)

Compensation to Broker. a. BUYER/SELLER/▇▇▇▇▇▇▇▇ agrees to pay BROKER compensation a commission of: a. If a sale: percent ( _ %) of the final sale price of the Property (the “Commission”). Closing agents hereby have the authority to pay such commission in the following manner: For assisting and negotiating in the procurement form of property cash, a cashier’s check or other forms acceptable to BUYER/TENANT, or serving in disclosed dual agency (Missouri only) or transaction broker situations) BROKER’s fee shall be in Broker at the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % Closing of the purchase/lease pricesale. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing service, the BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT SELLER further agrees to either pay any and all of BROKER the balance on above described commission if the agreed fee at the closing of the transaction, or forego the purchase/lease of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation Property is to be paid from the transaction sold by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept same. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent (Missouri only) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT SELLER or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein other party during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within ( ) days after termination the expiration date of this Contract to any party to whom the Property was submitted and whose name was disclosed to SELLER by BROKER, in writing, within ( ) days after the expiration of this Contract, which property the BROKER, BROKER’S Agent or cooperating brokers presented or submitted . SELLER further agrees to BUYERexclude such buyers from any subsequent “Right To Sell/TENANT during the term hereof and the description Lease Agreements” with any other broker for a period of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen (14( ) days after termination from the date of the expiration of this Contract. e. The fee shall also be deemed earned b. If a lease: percent ( _ %) of the total value of the lease (the “Commission”) upon LANDLORD further agrees to pay BROKER the above described commission if the property was presented to BUYER/TENANT Property is leased by someone LANDLORD or any other than BROKER or was actually seen by the BUYER/TENANT without the services or assistance of any broker, party during the term of this Contract, or if the Property is leased within days after the expiration of this Contract to any party to whom the Property was submitted and BUYER/TENANT whose name was disclosed to LANDLORD by ▇▇▇▇▇▇, in writing, within ( ) days after the expiration of this Contract, or if the Property is transferred by reason of condemnation or threat thereof during the term of this Contract. In the event the Property is sold during the term of any lease for which commissions are payable hereunder, LANDLORD agrees that the terms of such sale shall have failed include the assumption by the purchaser of LANDLORD’S obligation to disclose pay commissions hereunder. LANDLORD further agrees to exclude such tenants from any subsequent “Right To Sell /Lease Agreements” with any other broker for a period of ( ) days from the date of the expiration of this Contract. Commission shall also be paid by LANDLORD to BROKER on all amounts paid to LANDLORD under any extensions and/or renewals of the description lease term and for enlargement or substitution of the leased premises, when such property occurs. If the Property is sold to tenant or related party during the tenant’s occupancy or within ( ) days after termination, LANDLORD shall pay to refer BROKER an additional commission of percent ( %)of the presentation or submission sale price, but will credit against such additional commission the amount of lease commissions previously paid, but unamortized, to BROKER. f. The BUYTER/TENANT shall be released and relieved of any BROKER by LANDLORD. LANDLORD’S obligation to pay the fee above described hereincommission shall survive the expiration of this Contract. In the event a deposit is made on a sale or lease contract and is then forfeited, if through no fault on the part one-half of the BUYER/TENANTdeposit shall be paid to BROKER, the SELLER/LANDLORD fails to close the transaction. This provision but said payment shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by in excess of the BUYER/TENANT immediatelyfee to which BROKER otherwise would have been entitled to receive.

Compensation to Broker. I hereby agree to compensate the Broker As follows: a. BUYER/Five percent (5%) of the selling price, if the property is sold during the terms hereof, or any extension thereof, by Broker on the terms herein set forth or any other price and terms I may accept, or through any other person, or by me, or Five percent (5%) of the price. If said property is withdrawn from sale, transferred, conveyed, leased or rented without the consent of Broker, by my voluntary act during the term hereof or any other extension thereof. b. The compensation provided for in subparagraph a. above if property is sold, conveyed, or otherwise transferred or if negotiations have been initiated and are ongoing within 180 calendar days after the termination of this authority or any extension thereof to anyone with whom ▇▇▇▇▇▇ agrees has had negotiations prior to pay BROKER compensation final termination, provided I have received notice in writing, including the following manner: For assisting and negotiating in the procurement of property acceptable to BUYER/TENANT, or serving in disclosed dual agency (Missouri only) or transaction broker situations) BROKER’s fee shall be in the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % names of the purchase/lease price. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing serviceprospective purchasers, the BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT agrees to either pay any and all of the balance on the agreed fee at the closing of the transaction, or forego the purchase/lease of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation is to be paid from the transaction by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept same. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent within ten (Missouri only) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within days after termination of this Contract, which property the BROKER, BROKER’S Agent or cooperating brokers presented or submitted to BUYER/TENANT during the term hereof and the description of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen (1410) days after termination of this ContractAuthorization or any extension hereof. However, I shall not be obligated to pay the compensation provided for in subparagraph a. if sale, lease, or exchange of the property is made during or after the term of said protection period to anyone other than the above names of prospective purchasers provided to me by MID STATE REALTY. c. I authorize Broker to cooperate with other Brokers, to appoint subagents, and to divide with other Brokers such compensation in any manner acceptable to Brokers. In the event of an exchange, permission is hereby given to Broker to represent all parties and collect compensation or commissions from them, provided there is full disclosure to all principles of such agency. Broker is authorized to divide with other Brokers such compensation or commissions in any manner acceptable to Brokers. However, ▇▇▇▇▇▇ may not enter into any commission arrangements with other brokers or others that would be inconsistent with the terms of this Authorization or which would increase the total amount of Seller’s obligation for a commission hereunder, and ▇▇▇▇▇▇’s sole obligation and liability for a commission shall be to Broker as provided in this paragraph 4. d. In the event money intended as consideration for sale of property is received by Seller outside of escrow and/or is not reflected in the sale price, the commission as agreed in paragraph 4.a. above shall apply to such monies. e. The fee A commission that has been earned by ▇▇▇▇▇▇ shall also be deemed earned if payable solely from the proceeds of the sale or the property was presented upon the closing of escrow for the sale. If requested by ▇▇▇▇▇▇, ▇▇▇▇▇▇ shall execute and deliver an escrow instruction irrevocably assigning ▇▇▇▇▇▇’s compensation in an amount equal to BUYER/TENANT by someone other than BROKER or was actually seen by the BUYER/TENANT without compensation provided in subparagraph a. (above) from the services or assistance of any broker, during the term of this Contract and BUYER/TENANT shall have failed to disclose to BROKER the description of such property or to refer the presentation or submission to BROKERSeller’s Proceeds. f. The BUYTER/TENANT shall be released and relieved of any obligation to pay the fee described herein, if through no fault on the part of the BUYER/TENANT, the SELLER/LANDLORD fails to close the transaction. This provision shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by the BUYER/TENANT immediately.

Compensation to Broker. a. BUYER/▇▇▇▇▇▇ agrees to pay BROKER compensation in the following manner: For assisting and negotiating in the procurement of property acceptable to BUYER/TENANT, or serving in disclosed dual agency (Missouri only) or transaction broker situations) BROKER’s fee shall be in the amount shown as the “selling/leasing commission” in a multiple listing service and in all other events the fee shall be % of the purchase/lease price. In the event BUYER/TENANT wishes to purchase/lease a property that is not listed in the multiple listing service, the The BROKER will seek a written fee agreement of $ or % from the SELLER/LANDLORD. BUYER/TENANT and BROKER agree that BROKER shall first seek payment of the fees from the transaction. If said fee cannot be obtained, BUYER/TENANT agrees to either pay any and all of the balance on the agreed fee at the closing of the transaction, or forego the purchase/lease of said property. BROKER shall provide BUYER/TENANT with a written notice that the compensation is to be paid from the transaction by the BUYER/TENANT. If a selling/leasing incentive is offered by SELLER/LANDLORD, BUYER/TENANT agrees that BROKER may accept same. b. Although this Contract primarily provides for the BROKER to serve exclusively as BUYER’S/TENANT’S Agent, it may also authorize the BROKER to serve as a disclosed dual agent (Missouri only) or transaction broker with regard to property listed for sale/lease by BROKER. Read carefully Brokerage Relationship Disclosure concerning this issue. c. The BROKER’S fee shall be deemed earned and shall be due and payable in the event the BUYER/TENANT or any person acting for or on BUYER’S/TENANT’S behalf procures any real property of the general nature described herein during the term of this Contract, whether through the services of the BROKER or otherwise. d. The fee shall also be deemed earned if the BUYER/TENANT or any such person on BUYER’S/TENANT’S behalf procures any real property of the nature described herein within days after termination of this Contract, which property the BROKER, BROKER’S Agent or cooperating brokers presented or submitted to BUYER/TENANT during the term hereof and the description of which BROKER shall have submitted in writing to BUYER/TENANT, either in person or by mail within fourteen (14) days after termination of this Contract. e. The fee shall also be deemed earned if the property was presented to BUYER/TENANT by someone other than BROKER or was actually seen by the BUYER/TENANT without the services or assistance of any broker, during the term of this Contract and BUYER/TENANT shall have failed to disclose to BROKER the description of such property or to refer the presentation or submission to BROKER. f. The BUYTER/TENANT shall be released and relieved of any obligation to pay the fee described herein, if through no fault on the part of the BUYER/TENANT, the SELLER/LANDLORD fails to close the transaction. This provision shall not, however, relieve the SELLER/LANDLORD of any obligation to pay such fee as may be applicable. If, however, such transaction fails to close because of any fault on the part of BUYERS/TENANT, the BROKER’S fee will not be waived, but will be due and payable by the BUYER/TENANT immediately.