July 2024

Posted by: Shelley Devanney on Thursday, July 18, 2024
Form # Form Name Replaces Revision Date Brief description of how the form was revised
S-2 Amendment to Exclusive Right to Represent Buyer Contract 7/23

The following options have been added to this form:
#2 – Allows for changes to the name(s) of the buyer(s).
#3 – Allows for changes to the geographical areas and/or properties.
#4 – Allows for changes to the service fee or other compensation.


1. 1. The Contract shall be effective through and including _____________________ (date). (Applicable only if filled in).
2. The name(s) of the Buyer(s) are amended as followsfollowing amendments are made to the Buyer(s) (change, remove or add):
___________________________________________________
___________________________________________________
3. The following geographical areas and/or properties are added to the Contract:
___________________________________________________
___________________________________________________

NOTICE: THE AMOUNT OR RATE OF REAL ESTATE BROKER COMPENSATION IS NOT FIXED BY LAW. IT IS SET BY EACH BROKER INDIVIDUALLY AND MAY BE NEGOTIABLE BETWEEN YOU AND THE BROKER.
4. The service fee or other compensation is changed to:
___________________________________________________
___________________________________________________

NC-11 Amendment to Exclusive Right to Represent Tenant Contract New form

This new form was created to mirror the Amendment to Exclusive Right to Represent Buyer Contract.

G-1 Exclusive Right to Represent Buyer Contract 12/23

In order to comply with the NAR Settlement, Section 12 has been modified to add a statement that says: You may not receive compensation from any source that exceeds the amount or rate agreed to herein.
Additionally, any references to the use of fax machines have been removed.


12. For a purchase or exchange of real property, your service fee is ___________________________ of the agreed upon purchase price or exchange value, or [APPLIES ONLY IF FILLED IN] ________________________________. Your service fee applies to any real property which is purchased or exchanged, whether or not such real property is listed, for sale or lease by owner, or located by me/us. You agree to request all or any part of your service fee from the seller or listing agency. You may not receive compensation from any source that exceeds the amount or rate agreed to herein. I/We will pay all or any part of your service fee that is not paid by the seller or listing agency if and when:


Execution by Electronic Methods. The parties agree that they may enter into this Contract (including any amendments hereto) via facsimile (fax) machine and/or email. This consent applies only to this transaction, and either party may withdraw such consent by fax or email or in writing, but such withdrawal will not affect the validity or enforceability of this Contract (or any amendments hereto) after it has been entered into. Faxing, and retention of and access to fax records, requires a fax machine or other appropriate fax technology. Email, and retention of and access to email records, requires a computer, internet account and email software. Broker elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
Buyer elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
If any party changes its email address or fax number it will promptly notify the other party of the new email address and/or fax number.

C-4 Exclusive Agency Right to Represent Buyer Contract 12/23

In order to comply with the NAR Settlement, Section 12 has been modified to add a statement that says: You may not receive compensation from any source that exceeds the amount or rate agreed to herein.
Additionally, any references to the use of fax machines have been removed.


12. Your service fee is ___ of the agreed upon purchase price or exchange value, or [APPLIES ONLY IF FILLED IN] ______________________. You agree to request all or any part of your service fee from the seller or listing agency. You may not receive compensation from any source that exceeds the amount or rate agreed to herein. I/We will pay all or any part of your service fee that is not paid by the seller or listing agency if and when:


Execution by Electronic Methods. The parties agree that they may enter into this Contract (including any amendments hereto) via facsimile (fax) machine and/or email. This consent applies only to this transaction, and either party may withdraw such consent by fax or email or in writing, but such withdrawal will not affect the validity or enforceability of this Contract (or any amendments hereto) after it has been entered into. Faxing, and retention of and access to fax records, requires a fax machine or other appropriate fax technology. Email, and retention of and access to email records, requires a computer, internet account and email software. Broker elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
Buyer elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
If any party changes its email address or fax number it will promptly notify the other party of the new email address and/or fax number.

G-2 Exclusive Right to Represent Tenant Contract 12/23

In order to comply with the NAR Settlement, Section 11 has been modified to add a statement that says: You may not receive compensation from any source that exceeds the amount or rate agreed to herein.
Additionally, any references to the use of fax machines have been removed.


11. Your service fee is ___________________________ . The service fee is due and payable in full when you enter into the lease. If I/we purchase said real property during the term of the lease or within _______ months after the termination of such lease or pursuant to an option to purchase contained in such lease, I/we appoint you as my/our exclusive agent in such purchase, and your service fee is _____________ of the purchase price. Your service fee applies to any real property which is leased, whether or not such real property is listed, for sale or lease by owner, or located by me/us. You agree to request all or any part of your service fee from the landlord or listing agency. You may not receive compensation from any source that exceeds the amount or rate agreed to herein. I/We will pay all or any part of your service fee that is not paid by the seller/landlord or listing agency if and when:


Execution by Electronic Methods. The parties agree that they may enter into this Contract (including any amendments hereto) via facsimile (fax) machine and/or email. This consent applies only to this transaction, and either party may withdraw such consent by fax or email or in writing, but such withdrawal will not affect the validity or enforceability of this Contract (or any amendments hereto) after it has been entered into. Faxing, and retention of and access to fax records, requires a fax machine or other appropriate fax technology. Email, and retention of and access to email records, requires a computer, internet account and email software. Broker elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
Buyer elects to use:
__ Fax: Fax number is: ___________________________________
__ Email: Email address is: ___________________________________
If any party changes its email address or fax number it will promptly notify the other party of the new email address and/or fax number.

NC-10 Seller Agreement to Pay Buyer Representation Fee ©2024

Section 4 of this form has been updated to add “and all material conditions have been satisfied under such agreement”.


4. Seller hereby agrees to pay Buyer’s Brokerage a fee of $____________or _____% of the purchase price if Buyer purchases the property or Buyer enters into an agreement with Seller to exchange, lease, or trade the property, or for an option to purchase the property and all material conditions have been satisfied under such agreement.

 

These forms are now available to members through the Member Portal and will be available ASAP on DocuSign, dotloop, Glide, Skyslope, Transaction Desk and zipForm.

If you have a question or comment about our forms, please email Shelley Devanney. Remember, the CTR legal hotline is the number to call for specific legal issues: 860-566-8333.

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