Commercial Real Estate Commission Agreement

Kentucky Commercial Real Estate Alliance
6300 Dutchmans Parkway, Louisville, KY 40205

This document is copyrighted by the Metro Search, Inc. and is for the use of its Members only.
SALES COMMISSION AGREEMENT

(FOR UNLISTED PROPERTY)
This is a legally binding contract. If not understood seek legal advice.
This Sales Commission Agreement ("Agreement") is made as of ___________________, 20_________

(the “Effective Date”) between _____________________________________________________, Selling Broker
and _____________________________________________________ Seller.
RECITALS:
WHEREAS, Seller is the owner of and desires to offer for sale the property located at
________________________________________________________________________ (the “Property”); and
WHEREAS, Selling Broker is exclusively authorized to represent ______________________________

("Purchaser") in negotiating a purchase agreement (the “Purchase Agreement”) for the purchase of the
Property.
WHEREAS, Seller and Selling Broker desire to set out their agreement with regard to the
commission to be received by Selling Broker if a Purchase Agreement is executed between Seller and
Purchaser and the Property is transferred to Purchaser pursuant to the Purchase Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and
Selling Broker agree as follows:
1. Representations and Warranties. Seller represents and warrants to Selling Broker that Seller has
fee simple title to the Property and has the full power and authority to sell the Property. Selling
Broker represents and warrants to Seller that it has exclusive authority to represent Purchaser in
negotiating a Purchase Agreement for the purchase of the Property.
2. Commission. If a Purchase Agreement for the Property is executed and delivered by Seller and
Purchaser during the Term (as hereinafter defined) of this Agreement, then at closing of the sale
and transfer of the Property by Seller to Purchaser, Seller shall pay to Selling Broker an amount
equal to _____________________________________________ (the “Selling Broker Commission”)
as its sole compensation. All expenses incurred by Selling Broker in connection with negotiating
the Purchase Agreement or otherwise shall be the sole responsibility of Selling Broker. All
expenses incurred by Seller in connection with negotiating the Purchase Agreement or otherwise
shall be the sole responsibility of Seller.
3. Payment. The Selling Broker Commission shall be paid by Seller to Selling Broker at closing of
the sale and transfer of the Property by Seller to Purchaser.
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4. Term. This Agreement shall be effective for a period of ninety (90) days from the Effective Date or
such longer period as Seller and Selling Broker may agree in writing (the “Term”). If a Purchase
Agreement is executed between Seller and Purchaser during the Term of this Agreement, then the
Term of this Agreement shall be extended until such time as (a) the Purchase Agreement has been
terminated by either Purchaser or Seller pursuant to the terms of the Purchase Agreement or (b) the
closing of the sale and transfer of the Property by Seller to Purchase has occurred, whichever date
first occurs.
5. Consent or Waiver. No consent or waiver, expressed or implied, by any party hereto of or to any
breach or default by any other party hereunder shall be deemed or construed to be a consent or
waiver of or to any other breach or default hereunder of the same or any other obligations of such
parties.
6. Entire Agreement. This Agreement contains the entire understanding of the parties and may not
be changed or modified except by written instrument signed by both Seller and Selling Broker.
9. No Partnership. Nothing contained in this Agreement shall constitute or be construed to be, or

create, a partnership or joint venture between Seller and Selling Broker, or their successors and
assigns.
10. Successors and Assigns. This Agreement shall inure to the benefit of and be binding on the parties
hereto and their respective heirs, successors, legal representatives and assigns.
11. Governing Law. This Agreement and the obligations of the parties hereunder shall be interpreted,
construed and enforced in accordance with the laws of the Commonwealth of Kentucky.
The above is accepted and executed this _______ day of _______________________, 20________.
___________________________________________ ____________________________________
SELLER Date/Time
__________________________________________ ___________________________________
LISTING BROKER Date/Time
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Kentucky Commercial Real Estate Alliance

6300 Dutchmans Parkway, Louisville, KY 40205

SALES COMMISSION AGREEMENT

This Sales Commission Agreement ("Agreement") is made as of ___________, 20_

WHEREAS, Selling Broker is exclusively authorized to represent ______________________________

©Copyright January 2007 Page 1 of 2

9. No Partnership. Nothing contained in this Agreement shall constitute or be construed to be, or

©Copyright January 2007 Page 2 of 2

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