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EXCLUSIVE RIGHT to REPRESENT TENANT AGREEMENT Page 1 of 2 Eastern Connecticut Association of REALTORS®, Inc. EXCLUSIVE RIGHT TO REPRESENT TENANT AGREEMENT Page 1 of 2 NOTICE: CONNECTICUT LAW PROHIBITS A REAL ESTATE BROKER OR SALESPERSON FROM REPRESENTING OR NEGOTIATING ON BEHALF OF A TENANT UNLESS A TENANT SIGNS A WRITTEN AGREEMENT TO ALLOW THE BROKER OR SALESPERSON TO ACT ON THE TENANT'S BEHALF. Appointment TENANT(S) ________________________________________________________________________________________ grants and BROKER ___________________________________________________________________________ accepts an exclusive right of representation as provided in this Agreement. Property and Area This Agreement covers Residential Multi-Family Land Commercial Other_________________ properties in the following areas: ___________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________. Term of Agreement This Agreement is in effect from ________________, 20___ to ________________, 20___, inclusive. In the event that TENANT enters into a rental agreement during the term of this Agreement and the occupancy occurs after the expiration date of this Agreement, this Agreement is automatically extended to the date of occupancy. BROKER's Duties 1. BROKER shall use reasonable efforts to locate property as described herein and shall submit to TENANT properties appearing to substantially meet the criteria set forth herein. 2. Prior to the TENANT making an offer, BROKER shall disclose any material fact known by the BROKER regarding the property. 3. BROKER shall act in TENANT’s best interest in locating and renting a property. 4. BROKER shall assist TENANT in renting a property. 5. BROKER shall not disclose TENANT’s confidential information. 6. BROKER shall negotiate any offer to rent property. TENANT's Duties 1. TENANT shall tell the BROKER about all past and current contacts with any real property or any other real estate agents. 2. TENANT represents to BROKER that TENANT has employed no other broker to assist in acquiring an interest in the property within the scope of this Agreement. TENANT agrees to protect, defend, indemnify and hold BROKER harmless from the claims, liability and expenses, including reasonable attorney’s fees, arising from a claim of any other broker for compensation. 3. TENANT shall cooperate with BROKER and be reasonably available to examine real property. 4. Upon request, TENANT shall provide BROKER with evidence of the ability to rent a property. 5. TENANT acknowledges that BROKER is being retained solely as a real estate agent. TENANT shall seek professional advice from an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home inspector, appropriate governmental agency, or other professional service provider concerning the property. Other Terms and Conditions 1. TENANT agrees that BROKER may represent other tenants. 2. TENANT agrees that BROKER may disclose non-confidential information about TENANT with other agents and landlords who offer real property to BROKER. 3. TENANT authorizes the BROKER to deliver Credit Report, Criminal History/Police Record Check, Eviction Record, and/or Reference Check as requested by the landlord or the landlord's agent. TENANT may be required to pay for these reports. 4. This Agreement is binding upon and shall inure to the benefit of TENANT and BROKER, and each of our heirs, administrators, executors, successors and assigns. TENANT may not assign this Agreement. 5. TENANT agrees to pay any costs and attorney's fees which BROKER may incur to collect any monies due the BROKER under this Agreement. 6. This Agreement may be modified, waived or discharged only by a written agreement signed by all parties. 7. TENANT will advise BROKER immediately if TENANT executes an exclusive tenant representation authorization or agreement with any other firm. 8. TENANT understands and agrees that BROKER may represent both a tenant and the Landlord in the rental of a property. Prior to making an offer TENANT agrees to sign either a dual agent consent agreement or designated agency agreement. With dual agency representation the BROKER will not disclose any personal, financial or motivational information of a confidential nature to either party without express written consent. © 2015 Eastern Connecticut Association of REALTORS® Revised 5/21/15 Eastern Connecticut Association of REALTORS®, Inc. EXCLUSIVE RIGHT TO REPRESENT TENANT Page 2 of 2 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 TENANT AND BROKER. Professional Service Fee 1. The professional service fee will be $ __________ or __________% of the annual monthly rental price of the Property rented by TENANT during the term of this Agreement. 2. Any compensation offered by landlord or landlord's listing broker will be applied to the professional service fee. 3. If the compensation offered by landlord or landlord's listing broker is less than the professional service fee, TENANT is obligated to pay the difference. However, TENANT may request that the landlord pay the difference at the time of TENANT’s initial offer. 4. If the landlord or landlord’s listing broker offers a professional service fee in excess of the amount stated in this Section, TENANT agrees that BROKER may accept that amount as the professional service fee. 5. Payment of our professional service fee shall be no later than the date of occupancy. 6. If within ______ months after the expiration of this Agreement, TENANT takes occupancy to any real property covered by this Agreement, TENANT is obligated to pay the professional service fee, unless the TENANT has entered into an exclusive right to represent tenant agreement with another broker after the expiration of this Agreement. Additional Provisions ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ Fair Housing This Agreement is subject to the Connecticut General Statutes prohibiting discrimination in commercial and residential real estate transactions (C.G.S. Title 46A, Chapter 814c). IT IS UNLAWFUL UNDER FEDERAL AND/OR STATE LAW TO DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, ANCESTRY, RELIGION, FAMILIAL STATUS, DISABILITY (MENTAL OR PHYSICAL), MARITAL STATUS, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, AND LEGAL SOURCE OF INCOME. Use of Electronic Record. The parties agree that they may use an electronic record, including fax or e-mail, to make and keep this Agreement. Either party has the right to withdraw consent to have a record of this Agreement provided or made available to them in electronic form, but that does not permit that party to withdraw consent to the Agreement itself once it has been signed. A party’s agreement to use an electronic record applies only to this particular real estate transaction and not to all real estate transactions. For access to and retention of faxed records, there are no special hardware or software requirements beyond access to a fax machine or fax modem and accompanying software connected to a personal or laptop computer. For access to and retention of e-mail records, TENANT will need a personal or laptop computer, Internet account and e-mail software. The TENANT's Agent wishes to use Fax machine. fax number is: E-mail. E-mail address is: The TENANT wishes to use Fax machine. fax number is: E-mail. E-mail address is: Each party will promptly inform the other of any change in E-mail address or fax number in writing. REALTOR® FIRM NAME _________________________________________ TENANT By: _____________________________________ TENANT Street Address ____________________________ Street Address City, State, Zip ____________________________ City, State, Zip (_____)__________________________________ (_____) Telephone Telephone ________________________________________ _____________________________________________ Date Date © 2015 Eastern Connecticut Association of REALTORS® Revised 5/21/15 .
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