CoBrokerageAgmt

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  • 8/3/2019 CoBrokerageAgmt

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    1-800-789-4352 x200 | www.JeffQuintin.comCape May & Atlantic County New Jersey

    2005, An Independently owned and operated member of Prudential Real Estate Af liates, Inc.

    CO-BROKERAGE AGREEMENTThis Co-Brokerage Agreement is entered into this _____ day of ____________, 20____ by andbetween Prudential Fox & Roach and the Jeff Quintin Real Estate Super Team SuperTeam (PFRJ/QST) an_________________________________ (Co-Broker).

    BACKGROUND INFORMATION:

    Co-Broker and ____________________ (Seller) are parties to a certain Exclusive Right to Sell ListingContract entered into on _______________________ regarding the real property located at_____________________________ (the Property). Co-Broker and Seller wish to sell the Property througa public auction, while maintaining their contractual relationship, and have agreed to engage PFR topromote and conduct the auction in cooperation with Co-Broker by and through Lee Freiedberg, licensedauctioneer and real estate agent employed by PFR. Seller, by executing the Auction Addendum which modithe Exclusive Right to Sell Listing Contract, has consented to PRU and Co-Broker entering into this Agreem

    NOW, THEREFORE, in consideration o the Background In ormation and their mutual covenants containherein, and or other good and valuable consideration, the receipt and su fciency o which are hereby ac-knowledged, the parties agree as ollows:

    1. Co-Brokerage Established. PFR and Co-Broker agree to jointly market Sellers Property pursuant to the terms o the sive Right to Sell Listing Contract as modifed by the Progressive Reserve Auction Addendum o event date herewiththis Agreement.

    2.Duration o Agreement. This Agreement shall take e ect upon execution by the parties, and remain in e ect until the ollowing events occurs: (a) the property is sold and the transaction closed; (b) an auction is conducted that ails result in the execution o a contract by Seller and a bona fde buyer or purchase/sale o the Property within 60 days lowing the conclusion o the auction; (c) PFR ails to conduct the auction within 90 days ollowing the execution he(d) upon completion o legal action taken pursuant to paragraph 8, below.

    3. Division o Commission. Co-Broker (Listing Broker) and Buyers Broker shall receive commission payments as stathe existing Listing Agreement. PFR shall be paid a Buyers Premium o 3% o the sale price. Such Buyers Premiube paid by the buyer as part o the winning (accepted) bid and shall be paid rom proceeds at closing.

    4. PFR Duties. PFR and the Licensed Auctioneer shall be identifed in all reasonable aspects o promoting and conducting the real estate auction, including without limitation advertising, promotion, conduct o the auction, execution o purchase agreement by the Seller and winning bidder.

    5. Co-Broker Duties. Co-Broker shall be responsible maintaining communications between the Seller, Co-Broker and PRon all matters related to the auction transaction, but is not expressly required to do so. Co-Broker shall maintain theNORMLS multiple listing service listing and similar listing ormats, and shall modi y the in ormation contained in ings in accordance with Ohio auction rules as directed by PRU.

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    1-800-789-4352 x200 | www.JeffQuintin.comCape May & Atlantic County New Jersey

    2005, An Independently owned and operated member of Prudential Real Estate Af liates, Inc.

    6. Advertising and Promotion Content. Subject to any limitations imposed by Ohio law, and the rules and regulationso the Ohio Department o Agriculture and Ohio Department o Commerce, Division o Real Estate, the names oAuctioneer, Co-Broker, and the responsible agents o each shall be displayed in equal prominence in all advertising promotion where not prohibited by advertisers ormat.

    7. Reversion to Co-Broker upon Termination. Should this Agreement be terminated or any reason, PFR agrees that Selshall be treated at all times as the client o the Co-Broker and its responsible agent, and shall make no e ort to mainan agency relationship with the Seller independent o the relationship previously established by the Co-Broker regarthe sale o the Property, provided that PRUs duties under this paragraph 7 shall expire one year ollowing the termino this Agreement.

    8. De ault by Third Party. Should the transaction envisioned by this Agreement result in a purchase/sale agreement thato close through no ault o PRU or Co-Broker, or should the breach or wrong ul act o any third party cause PFR or Co-Broker to be deprived o their commission or the sale o the Property, the parties agree to cooperate in pursuappropriate legal action.

    9. Restrictions on Assignment. Neither party, without the written consent o the other, may assign this agreement or anyhereunder to any third party, except that either party may assign this agreement to a successor entity. Any purportedassignment contrary to this provision will be void. This Agreement is binding on the successors and permitted assigthe parties

    10. Entire Agreement. This Agreement and the Exclusive Right to Sell Listing Contract as modifed by the Progressive RAuction Addendum together constitute the entire understanding between the parties regarding the subject matter contained therein. Any modifcation shall be made in a writing signed by the parties.

    PRUDENTIAL, FOX & ROACH CO-BROKER [print name] [print name]

    By: By: