EXCLUSIVE REAL ESTATE BROKERAGE AGREEMENT

(1) AGREEMENT EFFECTIVE DATE: 
(2) PROPERTY ADDRESS: 
(3) PARTIES:

Seller Name: 
Seller Email: 
Seller Phone: 
Seller Mailing Address: 

Broker Name: The Flat Rate
Broker Email: info@theflatrate.com
Broker Phone: 443-550-9200
Broker Mailing Address: 201 International Circle Suite 230, Hunt Valley, MD. 21030

(4) AGREEMENT DETAILS:

(A) Listing Price: ($ooo,ooo)
(B) Property is being conveyed (fee simple / subject to an annual ground rent)
(C) Property Age: (Built after 1978 .. )

(D) Ground Rent Semi-Annual Amount: ($ ___)
(E) Initial Listing Status: (Active / Coming Soon)
(F) Buyer Agency Co-op Amount: ($$ or %)
(G) Conservation Easements: If the Property is encumbered by one or more conservation easements or other restrictions limiting or affecting uses of the Property, Maryland law requires that Seller deliver to the buyer the required notice and copies of the easement(s). A buyer who does not receive the notice and copies of the easement(s) on or before entering into the contract for sale has the unconditional right upon written notice to the Seller or Seller’s agent to rescind the contract of sale at any time before the receipt of the notice and copies of the easement(s) or within five (5) days following receipt of the notice and copies of the easement(s) and to the immediate return of any deposit. Seller acknowledges that it is Seller’s sole obligation to obtain and deliver copies of any conservation easement(s) to buyer.

(5) The Flat Rate (“Broker”) is hereby authorized by the undersigned Seller(s) or by the authorized representative of Seller(s) (“Seller”) to sell, as the exclusive real estate broker, the property identified in Section (2) above.

Seller acknowledges that the undertakings of Broker under this Agreement are limited to those specifically agreed to by Seller and Broker in writing in this Agreement, and that Broker has no responsibility to Seller for any act or activity not specifically set forth and agreed to in writing in this Agreement.

(6) TERM/RIGHTS OF PARTIES FOLLOWING EXPIRATION OR TERMINATION OF AGREEMENT: This Agreement shall be effective on the Effective Date identified in Section (1) and shall continue until midnight on the one hundred eightieth (180th) day following the Effective Date (the “Listing Term”), unless sooner terminated in accordance with the provisions of this section. Per Section 14-903 of the Real Property Article of the Annotated Code of Maryland, the Listing Term may not be longer than one year in duration.

Per Section 17-534(b )(5) of the Maryland Real Estate Brokers Act, Seller and Broker agree to the following for termination other than by expiration on its recited terms: Either party may terminated this agreement in writing with 48 hours written notice to the other party. Termination of this agreement does not relieve Seller of any obligations, financial or otherwise, that were agreed to during the term of the Agreement.

Any expiration or termination of this Agreement by Seller or Broker shall be subject to the provisions of Section 13 of this Agreement, and said Paragraph 13 shall survive the expiration or termination of this Agreement. Notwithstanding the rights of the parties to terminate this Agreement as provided herein, Broker, in Broker’s sole and absolute discretion, may terminate this Agreement at any time effective immediately in the event Seller provides any false information or, misrepresents any fact to Broker or third-party, or violates or indicates any intention to violate of any applicable federal, state or local fair housing law(s). If a contract of sale is entered into by Seller during the Listing Term, which provides for settlement to occur after the expiration of the Listing Term, this Agreement shall be automatically extended until settlement has occurred or until the contract of sale is released in writing by the parties, but in no event shall the Listing Term, including any extension, extend beyond one year in duration. [LET’S TALK ABOUT THIS]

(7) LISTING PRICE: The listing price of the Property authorized by Seller in Section (4) (A) above shall be the price advertised by Broker. If Seller desires to change the listing price, Seller shall immediately inform Broker in writing of the changed listing price, and such changed listing price shall thereafter be the price advertised by Broker.

(8) SHOWING INSTRUCTIONS: Seller shall be responsible for coordinating all showings of the property. In the event that Seller engages Broker to provide showing services on an as needed or when desired basis. There shall be a separate showing fee paid in advance to Broker by Seller for each such showing.

(9) MARKETING/MLS/INTERNET ADVERTISEMENT: In the event Broker (and only in the event) Broker in engaged by Seller to market the Property under its Listing Distribution Service, Broker shall, in accordance with the terms and conditions thereof enter the Property into the applicable multiple listing service(s) (“MLS”), and if contracted to do so, install a sign and/or a lockbox on the property. Seller acknowledges that Broker is bound by the bylaws, policies and procedures, and rules and regulations governing the MLS and the lock box system owner. Seller grants to Broker the right to report to the MLS for dissemination, in accordance with the MLS rules and policies, any contract of sale and sales price (including the other terms upon which any sale of the Property is made). Broker, upon election by Broker and in Broker’s sole and absolute discretion, is authorized by Seller to submit and market the Property (including street name and house number) by and through:

(A) Broker’s internet website;
(B) The Internet websites of licensed real estate salespersons or associate real estate brokers affiliated with Broker;
(C) Any other Internet website in accordance with applicable MLS rules and regulations; and/or
(D) Any available MLS program(s) that enable participants to display aggregated MLS active listing information on participants’ public websites. Seller further consents to and authorizes Broker, in accordance with the MLS rules and regulations, to allow other MLS participants and authorized users to market the Property by and through the internet websites of other such MLS participants and authorized users.

(10) COMING SOON LISTING STATUS: The “Coming Soon” listing status is an option for properties listed in the MLS that are not yet available but will be soon. Sellers who choose this option must have executed a listing agreement. Listings under the “Coming Soon” status are given an MLS number, and all MLS subscribers may view listings under this status. However, properties listed under the “Coming Soon” status may not be shown and may not be syndicated to public real estate websites. If Seller selects this status, Broker must enter an expected on-market date in the MLS that can be no later than 21 days from when the listing was submitted to the MLS. The “Coming Soon” status will automatically update to “active” on the expected on-market date if not made “active” sooner. “Coming Soon” status, if selected by Seller, is included in Broker’s Listing Distribution Service. I’m thinking about removing this entirely ????

Broker’s responsibility to market the Property is suspended upon Seller’s acceptance of a written offer to purchase the Property, unless otherwise agreed by Broker.

(11) BROKER’S COMPENSATION: The amount of Broker compensation is not prescribed by law or established by any membership organization with which the Broker is affiliated.

Compensation to be paid by Seller to Broker shall be per service on a prepaid basis? as follows:

1. Initial Consultation: $31.25 per 15 minute increment
2. Comparative Market Analysis:a. Remote CMA: $99.00
   b. On-site Evaluation; $199.00 c. Licensed Appraisal: $399.00
3. Property Disclosures:
   a. Virtual: $39.00
   b. Licensed Agent: $139.00
4. Listing Distribution: $299.00
   a. For Sale sign on post: $39.00
   b. For Sale sign on handrail: $29.00
5. Photography and Media:
   a. For properties under 3000 sq ft: $199.00
   b. For properties at or over 3000 sq ft: $299.00 c. Virtual Furniture: $40 per photo
6. Showing Assistance: $99.00 per property tour
7. Contract Documents:a. Virtual Contract Creation: $99.00 per contract creation ??
   b. Licensed Agent Assisted Contract Creation: $349.00 per contract creation ??
   c. Contract Negotiations: $200.00 per property ??
   d. Inspection Repair Request Negotiations: $149.00 per property / per inspection request. ??
8. Settlement Statement Review: $99.00

(12) MULTIPLE-LISTED PROPERTY – BUYER AGENCY CO-OP: If Broker is engaged to market the Property via the multiple-listing service, Broker hereby is authorized by Seller to cooperate with other brokers retained by prospective buyers to represent buyer’s interests (“Buyer Agents”). Seller agrees to pay to Broker, and Broker shall pay to any Buyer’s Agent who has earned and is entitled to the Buyer Agency Co-op Amount in the amount stated in Section 4(F) above at settlement, provided that Seller has authorized title agent to pay Broker at settlement (from seller proceeds?), or Seller has paid the Buyer Agency Co-op Amount to Broker in advance of settlement and said funds actually are received by Broker in advance of settlement. I think we need something about how seller chooses what amount if any is to be paid to Buyer’s Agent and that once offered – must be paid blah blah blah … MLS rules.

(13) DEPOSIT HELD BY ESCROW AGENT: Broker does not accept any deposits in connection with the marketing and sale of the Property. Seller is advised that an escrow agent, other than a Maryland licensed real estate broker, is not subject to the same legal requirements as Maryland brokers under the Maryland Real Estate Brokers Act concerning the holding and disbursement of deposit monies. If the deposit is going to held by a third party other than by a licensed Maryland broker involved in the transaction, the parties to any contract of sale are required to enter into a separate written escrow agreement, binding upon the parties and the escrow agent, that complies with Section 10-802 of the Real Property Article of the Annotated Code of Maryland.

(14) OFFERS:

(A) DISCLOSURE OF EXISTING OFFERS: Prospective buyers or cooperating brokers may inquire of Broker or Broker’s Agents as to whether existing written offer(s) have been received for the purchase of the Property. The disclosure of such offers could be either beneficial or detrimental to Seller. Disclosure could result in the interested buyer making the highest and best offer as promptly as possible. Alternatively, such disclosure may dissuade the interested buyer from making any offer. Unless otherwise directed in writing prior to the disclosure of any information regarding the existence of existing offers on the Property, Broker or Broker’s Agents are authorized to disclose the existence of other written offers on the Property in response to inquiries from buyers or cooperating brokers. Additionally, Broker or Broker’s Agents shall also disclose, if asked, whether an offer was obtained by the listing agent, another agent in Broker’s firm, or by a cooperating broker. Such authority does not include the disclosure of the terms and conditions of such offer(s).

(B) SUBMISSION OF OFFERS: Broker shall submit to Seller in a timely manner all written offers and counteroffers, even if the Property is subject to an existing contract of sale unless Seller has waived this obligation in writing.

(15) HOME WARRANTY: Broker does not offer the opportunity for Seller to purchase a home warranty. Seller may, at their own discretion and expense, purchase a home warranty from a third party supplier that is in force during the listing period and which will transfer to the buyer upon settlement.

(16) VIOLATION NOTICES: Seller is notified that a contract of sale may require that Seller convey the Property free and clear of all violation notices, requirements noted or issued by any governmental authority (including without limitation, any permit violation notices), and actions in any court, against or affecting the Property.

(17) GRANT/RELEASE OF PROPERTY DATA TO BROKER: If the Property is to be multiple-listed, Seller grants to Broker the unlimited right to use, publish, disseminate, sell, and license to others all text, graphics, photos, virtual tours, documents, and any other types of data entered into the MLS, and Seller hereby releases to Broker all of the Seller’s interests and all intellectual property rights therein. If Seller elects to allow dissemination of Property data on the internet, Seller understands and agrees that public websites determine their own content and use of data, and therefore Broker has no control over public websites and no obligation to remove any of the above content from public websites at any time.

(18) HOME SECURITY SYSTEMS: Maryland law prohibits audio recording of private conversations without the consent of all parties. Seller may view the penalties for violating the law which are contained in Section 10-402 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland at: http:// mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=10-402&enactments=false

(19) FAIR HOUSING: Federal, state, and local Fair Housing Laws grant protections from discrimination in housing. It is unlawful to discriminate based upon certain criteria, which include without limitation race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, gender identity, and source of income. Seller agrees to comply with all federal, state, and local Fair Housing Laws. Occasionally, buyers attempt to stand out to a seller by submitting letters, photos, or videos to explain a the seller should select their offer. This may raise Fair Housing Laws concerns, and potentially expose Seller and Broker to Fair Housing Laws violations. Seller instructs and directs Broker to remove from any offer, counter- offer, or any other communication exchanged during the transaction, any letters, photographs, videos or similar items from the contract documents submitted by any buyer or buyer’s agent.

(20) INSURANCE AND MAINTENANCE: Broker is not responsible for the care or physical condition of the Property. Seller shall remain solely responsible for the care and physical condition of the Property, including the cost of all utilities, maintenance, the physical security of the premises and all personal property, and maintaining adequate property and personal injury insurance during the term of this Agreement. Any repairs of the Property may require that the individuals engaged to perform such repairs be duly licensed. Broker shall have no liability for such matters.

(21) SMOKE ALARMS: Seller is hereby notified of changes in Maryland law regarding smoke alarms and smoke detectors (Section 9-101, et seq. of the Public Safety Article of the Annotated Code of Maryland). The type of smoke alarm required in a dwelling depends upon the age of the property. As of January 1, 2018, among other changes, no alarm-battery powered or hard-wired-may be older than 10 years from the date of manufacture, and if battery powered, be sealed, tamper resistant units incorporating a silence/hush button, which use long-life batteries. There are penalties for non- compliance. Additionally, some jurisdictions have more stringent rules for new construction or for rentals. Seller is advised to verify compliance with the city or county in which the Property is located. Seller carefully should review the smoke alarm requirements at: http:// mgaleg.maryland.gov/

(22) LEAD-BASED PAINT:

(A) LEAD-BASED PAINT HAZARD: Seller acknowledges that the Property, if constructed before 1978, is subject to Federal law (Title X) as to the presence of lead-based paint and/or lead-based paint hazards. If Seller is uncertain as to the date the Property was constructed, Seller agrees that, for the purpose of the sale contemplated by this Agreement, the Property will be treated as though it had been constructed prior to 1978. If Title X applies to the Property, Seller agrees to comply fully with the requirements as set forth in the EPA and HUD Real Estate Notification and Disclosure Rule. Accordingly, if applicable, Seller is required to disclose to prospective buyers, based upon Seller’s actual knowledge, all known lead-based paint hazards in the Property and provide buyer with any available reports in Seller’s possession relating to lead-based paint or lead based paint hazards applicable to the Property. Additionally, the federally required Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards must be attached and made a part of any contract of sale. For detailed information regarding the EPA and HUD Real Estate Notification and Disclosure Rule, Seller should visit and carefully review: https://www.epa.gov/lead/epa-and-hud-real-estate-notification-and-disclosure-rule-questions-and- answers

(B) RENOVATION, REPAIR AND PAINTING OF PROPERTY: In accordance with the Lead Renovation, Repair and Painting Rule (“RRP”) as adopted by the Environmental Protection Agency (“the EPA”), effective April 22, 2010, if the improvements on the Property were built before 1978, contractor(s) engaged by Seller to renovate, repair or paint the Property must be certified by the EPA where such work will disturb more than six square feet of paint per room for interior projects; more than 20 square feet of paint for any exterior project; or which includes window replacement or demolition (“Covered Work”). Before and during any Covered Work project, contractor(s) must comply with all requirements of the RRP.

A Seller who personally performs any Covered Work on a rental property is required to be certified by the EPA prior to performing such Covered Work. No certification is required for a Seller who personally performs Covered Work on the Seller’s principal residence. However, Seller has the ultimate responsibility for the safety of Seller’s family or children while performing such Covered Work. For detailed information regarding the RRP, Seller should visit https://www.epa.gov/lead/lead-renovation- repair-and-paintinq-program.

(23) NOTICE REGARDING DISCLOSURE OF DEFERRED WATER AND SEWER ASSESSMENTS: Pursuant to Section 14-117(a)(5) of the Real Property Article of the Annotated Code of Maryland, a contract for the resale of residential real property that is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration shall contain a notice disclosing information about the deferred water and sewer charges. If a Seller subject to this law fails to comply:

(A) Prior to settlement, the buyer is entitled to rescind in writing the sales contract without penalty or liability. On rescission, the buyer is also entitled to the full return of any deposits made on account of the sales contract. If any deposits are held in trust by a licensed real estate broker, the return of the deposits to a the buyer under this law shall comply with the procedures under§ 17-505 of the Business Occupations and Professions Article of the Annotated Code of Maryland. The right of rescission shall terminate five days after Seller provides to the buyer written notice in accordance with this requirement; and

(B) After settlement, Seller shall be liable to the buyer for the full amount of any fee or assessment not disclosed, unless Seller was never charged a tee or assessment to defray the costs of public water or wastewater facilities by the developer, a successor of the developer. or a subsequent assignee.

This law does not apply in a county that has adopted a disclosure requirement that is substantially similar to this law. (If the Property is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration, Seller to complete Notice & Disclosure of Deferred Water and Sewer Charges.)

(24) PROPERTY CONDITION DISCLOSURE/DISCLAIMER: Per Section 10-702 of the Real Property Article of the Annotated Code of Maryland, a buyer is entitled to receive a Maryland Residential Property Disclosure And Disclaimer Statement (“Disclosure/Disclaimer Statement”), a form provided by the Maryland Real Estate Commission, from the Seller. Seller must deliver the completed Disclosure/Disclaimer Statement to the buyer on or before the buyer’s entering into a contract of sale (offer to purchase) (with the exception of a land installment contract, an option to purchase agreement and a lease agreement containing an option to purchase provision, in which case the disclosure/disclaimer statement must be delivered to the buyer before the execution of the contract by the buyer). A buyer who does not receive the Disclosure/Disclaimer Statement on or before the execution of the offer by the buyer has the unconditional right upon written notice to the Seller or Seller’s agent, to rescind the contract of sale at any time before the receipt of the disclosure/ disclaimer statement or within five (5) days following receipt of the Disclosure/Disclaimer Statement and to the immediate return of any deposit. A buyer’s right to rescind the contract terminates if not exercised (A) before making a written application to a lender for a loan, if the lender discloses in writing at or before the time application is made that the right to rescind terminates upon submission of the application, or (B) within five (5) days following receipt of a written disclosure from a lender who has received the buyer’s application for a mortgage loan, if the lender’s disclosure states that the buyer’s right to rescind terminates at the end of that five (5) day period. Article 10-702 exempts certain transfers or sales from its application: A) the initial sale of a new home: (1) that has never been occupied; or (2) for which a certificate of occupancy has been issued within one year before the buyer and Seller enter into a contract of sale; B) certain transfers that are exempt from the state transfer tax; C) a sale by a lender acquiring real property by a foreclosure or deed- in-lieu of foreclosure; D) a sheriff sale, tax sale or sale by foreclosure, partition or by court-appointed trustee; E) a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship or trust; F) a transfer of single family residential real estate to be converted by the buyer into a use other than residential use or to be demolished; or G) a sale of unimproved property.

(25) FLOOD DISCLOSURE NOTICE: Seller is advised that the Property or part of the Property may be located in an area established by the government as a “flood plain” or otherwise in an area where flood insurance could be required. The National Flood Insurance Program (“NFIP”) establishes flood insurance policy premiums based on the risk of flooding in the area where properties are located. NFIP premiums are increasing, and in some cases will rise by a substantial amount over the premiums previously charged for flood insurance. As a result, premiums paid for flood insurance on the Property may not be indicative of premiums that will apply after the Property is purchased. Maryland in conjunction with the Federal Emergency Management Agency has been systematically updating flood insurance rate maps. The Property may be affected. Why is this in listing agreement? I can understand if it is in Buyer Agency agreement.

(26) MARYLAND NON-RESIDENT SELLER: Seller acknowledges, pursuant to Section 10-912 of the TaxGeneral Article of the Annotated Code of Maryland, that if Seller is:

1. (A)  a non-resident individual of the State of Maryland or is
2. (B)  a non-resident entity which is not formed under the laws of the State of Maryland and is not qualifiedby or registered with the Maryland SDAT to do business in the State of Maryland, the deed or other instrument of writing that effects a change of ownership to the Property may not be recorded with the clerk of the court for a county or filed with the Maryland SDAT unless payment is first made by the Seller in an amount equal to1) 8% of the total payment to a non-resident Seller; OR 2) 8.25% of the total payment to a non-resident entity;

(NOTE: The amount of the payment for a non-resident individual is subject to adjustment on a recurring basis by the Comptroller of Maryland. The amount of the payment for a non-resident entity is subject, from time to time, to change by an act of the Maryland General Assembly. Seller acknowledges that the amount(s) as set forth in a) and b) above may be greater or lesser than the actual amount(s) due by Seller at time of settlement. UNLESS each Seller:

(A) Certifies, in writing, under the penalties of perjury, that the Seller is a resident of the State of Maryland or is a resident entity of the State of Maryland; OR

2. (B)  Presents to the clerk of the circuit court for a county or the Maryland SDAT a certificate issued by the Comptroller of the State of Maryland stating that: i) there is no tax due in connection with the sale or exchange of the Property; or ii) a reduced amount of tax is due from the Seller and the reduced amount is collected by the clerk of the circuit court for a county or the Maryland SDAT before recording or filing; (NOTE: If Seller intends to obtain a certificate from the Comptroller’s office, Seller should immediately contact the Comptroller at 1-800-MDTAXES. Obtaining the certificate requires a MINIMUM of three (3) weeks); OR
3. (C)  Has satisfied the tax liability or has provided adequate security to cover such liability; OR
4. (D)  Certifies, in writing, under the penalties of perjury, that the Property being transferred is the Seller’sprincipal residence. As defined under Maryland law and as used in a) and b) above, the term “total payment” means the net proceeds paid to the Seller for the Property and associated tangible personal property, less: 1) debts owed by the Seller and secured by a mortgage or other lien against the Property being paid upon the sale or exchange of the Property and 2) other expenses of the Seller arising out of the sale or exchange of the Property and disclosed on a settlement statement prepared in connection with the sale or exchange of the Property. “Total payment” includes the fair market value of any property transferred to the Seller.

(27) FOREIGN INVESTMENT TAXES – FIRPTA (Foreign Investment in Real Property Tax Act): Section 1445 of the IRS Code and applicable Treasury Department regulations adopted thereunder (the “Act”) provide that a buyer of residential real property located in the United States must withhold federal income taxes from the payment of the purchase price under certain circumstances. Seller agrees to comply with any IRS reporting requirements. If applicable, Seller agrees to complete, sign, and deliver to the appropriate party a certificate indicating whether Seller is a foreign person or non-resident alien under the Act.

(28) FHA LOAN NOTICE: If the current loan on the property is insured by the Federal Housing Administration, the loan shall be paid in full at settlement in accordance with FHA rules and regulations.

(29) MINISTERIAL ACTS: Seller hereby consents to and authorizes Broker and Broker’s agents, whether acting as subagents or Buyer’s Agents, to provide ministerial acts as defined by law on behalf of Seller to third persons in connection with the sale of the Property.

(30) LEGAL CONSTRUCTION: This Agreement is binding upon the parties hereto, and their personal representatives, successors, heirs, and assigns. If this Agreement is signed by more than one person, it shall constitute the joint and several obligations of each. This Agreement contains the entire Agreement of the parties and cannot be changed except by the written agreement of the parties hereto. Seller warrants that there are no other existing agreements or conditions other than as set forth herein. This is a legally binding Agreement; if not understood, seek competent legal, tax or other professional advice. Seller has not relied upon any statement or representation of Broker except as set forth in this Agreement. This Agreement shall be interpreted and construed in accordance with the laws of the State of Maryland.

(31) WIRE FRAUD NOTICE: Seller is advised to NEVER trust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are convincing and sophisticated. Seller should always independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Seller should NEVER wire money without double- checking that the wiring instructions are correct.

CONSENT FOR DUAL AGENCY

(In this form, the word “seller” includes “landlord”; “buyer” includes “tenant”; and “purchase” or “sale” includes“lease”)

When Dual Agency May Occur

The possibility of Dual Agency arises when:

1) The buyer is interested in a property listed by a real estate broker; and
2) The seller’s agent and the buyer’s agent are affiliated with the same real estate broker.

Important Considerations Before Making a Decision About Dual Agency

A broker or the broker’s designee, acting as a dual agent does not exclusively represent either the seller or buyer; there may be a conflict of interest because the interests of the seller and buyer may be different or adverse. As a dual agent, the real estate broker does not owe undivided loyalty to either the seller or buyer.

Before the buyer and seller can proceed to be represented by a broker acting as a dual agent, they must both sign Consent for Dual Agency. If the buyer has previously signed this Consent for Dual Agency, the buyer

must affirm the buyer’s consent for the purchase of a particular property before an offer to purchase is presented to the seller. If the seller has previously signed Consent for Dual Agency, the seller must affirm the seller’s consent for the sale of the property to a particular buyer before accepting an offer to purchase the property. The affirmation is contained on Page 2 of this form.

Your Choices Concerning Dual Agency

In a possible dual agency situation, the buyer and seller have the following options:

1. Consent in writing to dual agency. If all parties consent in writing, the real estate broker or the broker’s designee (the “dual agent”) shall assign one real estate agent affiliated with the broker to represent the seller (the seller’s “intra-company agent”) and another agent affiliated with the broker to

represent the buyer (the buyer’s “intra-company agent”). Intra-company agents are required to provide the same services to their clients that agents provide in transactions not involving dual agency, including advising their clients as to price and negotiation strategy.
2. Refuse to consent to dual agency. If either party refuses to consent in writing to dual agency, the real estate broker must terminate the brokerage relationship for that particular property with the buyer, the seller, or both. If the seller terminates the brokerage agreement, the seller must then either represent him or herself or arrange to be represented by another real estate company. If the buyer terminates the brokerage agreement the buyer may choose to be represented but simply receive assistance from the seller’s agent, from another agent in that company ,or from a subagent from another company. Alternatively, the buyer may choose to enter into a written brokerage agreement with a different company.

Duties of a Dual Agent and Intra-Company Agent

Like other agents, unless the client gives consent to disclose the information, dual agents and intra-company

agents must keep confidential information about a client’s bargaining position or motivations. For example, without written consent of the client, a dual agent or intra-company agent may not disclose to the other party,

or the other party’s agent:

1) Anything the client asks to be kept confidential; *
2) That the seller would accept a lower price or other terms;
3) That the buyer would accept a higher price or other terms;
4) The reasons why a party wants to sell or buy, or that a party needs to sell or buy quickly; or 5) Anything that relates to the negotiating strategy of a party.

* Dual agents and intra-company agents must disclose material facts about a property to all parties.

How Dual Agents Are Paid

Only the broker receives compensation on the sale of a property listed by that broker.
If a financial bonus is offered to an agent who sells property that is listed with his/her broker, this fact must be disclosed in writing to both the buyer and seller.

Consent for Dual Agency

I have read the above information, and I understand the terms of the dual agency. I understand that I do not have to consent to a dual agency and that if I refuse to consent, there will not be a dual agency; and that I may withdraw the consent at any time upon notice to the dual agent.

By my/our signature(s) below, I/we as Seller hereby consent to have The Flat Rate act as a Dual Agent for me as the Seller in the sale of the Property identified in Section (2) of this Agreement.

RECEIPT OF COPY: Seller acknowledges receipt of a copy of this Agreement at time of signing hereof.