THIS DENVER COLORADO FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

Compensation charged by real estate brokers is not set by law.  Such charges are established by each real estate broker.

DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY, SUBAGENCY OR TRANSACTION-BROKER

EXCLUSIVE RIGHT-TO-BUY CONTRACT

(BUYER AGENCY)

__________________,Colorado,________________,20____

NAME/NAMES OF BUYER/BUYERS_____________________________________________________________________________

("Buyer") appoints_____________________________________________________________________________________________

("Broker") as Buyer's exclusive agent for the purpose of representing Buyer to acquire interests in real property as indicated in Section 3 ("Property") and under the terms specified herein.

1. EFFECT OF EXCLUSIVE BUYER AGENCY CONTRACT. Broker is the limited agent of Buyer and will represent only Buyer. By engaging Broker as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for Property through Broker and to refer to Broker all inquiries received from real estate brokers, salespersons, prospective sellers, or any other source during the time this contract is in effect. Buyer agrees that any compensation to Broker which is conditioned upon the acquisition by Buyer of interests are acquired by Buyer directly or indirectly, without any discount or allowance for any efforts made by Buyer or any other person in connection with the acquisition of such interests by Buyer.

2. PURCHASE. "Purchase of the Property" or "Purchase" means the voluntary acquisition in the Property or the voluntary creation of the right to acquire any interest in the Property (including a contact or lease).

3. PROPERTY. The Property shall substantially meet the following requirements or be otherwise acceptable to Buyer.

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4. DURATION OF AGENCY. Broker's authority as Buyer's exclusive agent shall begin __________________________.19_______, and shall continue until the earlier of ___________________________,20__________, or completion of the acquisition of the Property.

5. BROKER'S SERVICES. Broker will exercise reasonable skill and care for Buyer, or completion of the acquisition of the Property.

..........(A) Broker will promote the interests of Buyer with the utmost good faith, loyalty, and fidelity, including but not limited to:

1. seeking a price and terms which are acceptable to Buyer, except that Broker shall not be obligated to seek other properties while Buyer is a party to a contract to purchase Property.

2. procuring acceptance of any offer to purchase and to assist in the completion of the transaction;

3. presenting all offers to and from Buyer in a timely manner, regardless of whether Buyer is already a party to a contract to purchase property;

4. disclosing to Buyer adverse material facts actually known to Broker;

5. counseling Buyer as to any material benefits or risks of the transaction which are actually known to Broker;

6. advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker;

7. accounting in a timely manner for all money and properly received, and

8. informing Buyer that Buyer may be vicariously liable for the acts of Broker when Broker is acting within the scope of the agency relationship.

..........(B) Broker shall NOT disclose to the seller or any other third party, without the informed consent of Buyer:

1. that Buyer is willing to pay more than the purchase price for Property;

2. what Buyer's motivating factor(s) are;

3. that Buyer will agree to financing terms other than those offered;

4. any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud of dishonest dealing; and

5. any acts or suspicions regarding circumstances which would psychologically impact or stigmatize Property.

..........(C) Broker shall disclose to any prospective seller all adverse material facts actually known by Broker, including but not limited to adverse material facts concerning Buyer's financial ability to perform the terms of the transaction and whether Buyer intends to occupy Property as a principal residence.

..........(D) Broker shall make submissions to Buyer describing and identifying properties appearing to substantially meet the criteria set forth in Section 3

6. COSTS OF SERVICES OR PRODUCTS OBTAINED FROM OUTSIDE SOURCES. Broker will not obtain or order products or service from outside sources unless Buyer has agreed to pay for them promptly when due. (Examples: surveys, soil tests, radon tests, title reports, property inspections.)

7. COMPENSATION TO BROKER. In consideration of the services to be performed by Broker, Buyer shall pay Broker as follows: [Instruction: If any of the forms of compensation set forth in subsections (b), (c), or (d) will NOT be used, write "N/A" in the blank(s) of such subsection(s).]

..........(A) Success Fee. Broker shall be paid a fee equal to the greater of $_____________or___________% of the purchase price. The success fee is conditioned upon the Purchase of the Property or the acquisition by Buyer of property not in compliance with the requirements specified in Section 3 but within the purview of this contract. This fee is payable upon closing of the transaction(s), subject to the provisions of Section 8.  This fee shall apply to Property contracted for during the original term of this contract or any extensions(s) and shall also apply to Property contracted for within__________________days after this contract expires or is terminated (Holdover Period) if the Property was shown or specifically presented in writing to Buyer by Broker during the original term or any extension(s) of the term of this contract; provided, however, that Buyer shall owe no commission to Broker under this subsection if a commission is earned by another licensed real estate broker acting pursuant to an exclusive right-to-buy contract or an exclusive agency listing contract entered into during the Holdover Period.

Buyer is obligated to pay Broker's fee. However, Broker is authorized and instructed to request payment of Broker's fee in any of the following indicated methods:

_____BY LISTING BROKER.

_____BY SELLER FROM THE TRANSACTION.

_____OTHER:__________________________________________________________________________________________________.

..........(B) Hourly Fee. Buyer shall pay to Broker at the rate of $____________________per hour for time spent by Broker pursuant to this contract, to be paid to Broker when billed to Buyer.

..........(C) Retainer Fee. Buyer shall pay Broker a nonrefundable retainer fee of $_____________________due and payable upon signing of this contract.  This amount_________shall________shall not, be credited against fees payable to Broker in this Section 7.

..........(D) Other:______________________________________________________________________________________________

8. Failure to Close. If a seller fails to close with no fault on the part of Buyer, the success fee provided in Section (7) shall be waived.  If Buyer is at fault, such success fee will not be waived, but will be due and payable immediately.  Broker shall not be obligated to advance funds for Buyer. 

9. Disclosure of Broker's Role. At the earliest reasonable opportunity, Broker shall inform any prospective sellers or their brokers with whom Broker negotiates pursuant to this contract that Broker is acting on behalf of a Buyer-principal.

10. Disclosure of Broker's Role. Disclosure of Buyer's identity. Broker______does_____does not, have Buyer's permission to disclose Buyer's identity to third parties without prior written consent of Buyer.

11. Dual Agency/Transaction-Broker. If a written Dual Agency or Transactional-Broker Addendum is signed by Buyer, Broker may show Buyer properties listed of Broker.

12. Other Buyers. Broker may show properties in which Buyer is interested to other prospective buyers without breaching any duty or obligation to Buyer.

13. Assignment by Buyer. No assignment of Buyer's rights or obligations under this contract and no assignments or rights or, obligations in property obtained for Buyer under this contract shall operate to defeat any of Broker's rights.

14. Nondiscrimination. The parties agree not to discriminate unlawfully against any prospective seller because of the race, creed, color, sex, martial status, national origin, family status, physical or mental handicap, religion or ancestry of such person.

15. Recommendation of Legal Counsel. By signing this document, Buyer acknowledges that Broker had advised that this document has important legal consequences had has recommended consultation with legal and tax or other counsel, before singing this contract.

16. Alternative Dispute Resolution: Mediation. If a dispute arises relating to this contract, and is not resolved, the parties involved is such dispute ("disputants") shall first proceed in good faith to submit the matter to mediation.  The disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation.  In the event the entire dispute is not resolved within thirty (30) calendar days from the date, written notice requesting mediation is sent by one disputant to the other(s), the mediation, unless otherwise agreed, shall terminate.  This section shall not alter any date in this contract, unless otherwise agreed.

17. Attorney Fees. In case of arbitration or litigation between Buyer and Broker in their respective capacities, the parties agree that costs and reasonable attorney fees shall be awarded to the prevailing party.

18. Additional Provisions: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.)

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.FILL IN THE OTHER REQUIREMENTS

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19. Modification of this Contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless in writing and signed by the parties.

20. Entire Agreement. This contract constitutes the entire agreement between the parties and any prior agreements, whether oral or written, have been merged and integrated into this contract.

21. Counterparts. If more than one person is named as a Buyer herein, this contract may be executed by each Buyer, Individually, and when so executed, such copies taken together shall be deemed to be a full and complete contract between the parties.

22. Copy of Contract. Buyer acknowledges receipt of a copy of this contract signed by Broker.

Accepted:___________________________________________ _______________________________________________

.....Broker.............................................................................Buyer.........................................................................

By:_________________________________________________ _______________________________________________

.....Broker.............................................................................Buyer..........................................................................

Address:_____________________________________________ _______________________________________________

.....Broker..............................................................................Buyer..........................................................................

Phone:______________________________________________ Phone:__________________________________________

.....Broker..............................................................................Buyer..........................................................................

THE ABOVE AGREEMENT IS AN EXAMPLE ONLY, AND SHOULD NOT BE USED AS THE LEGAL INSTRUMENT BETWEEN THE BUYER AND REALTOR OF A PROPERTY.

"Trust, But Always Verify"