4119 Attachment - Sell Customer Service AgreementOMOntario Heal Estate Seller Customer Service Agreement - CommercialAssociation
Form 535 Commission Agreement For Property Not Listed
for use in the Province of Onlarla
This Is A Non -Exclusive Seller Customer Service Agreement
BETWEEN:
BROKERAGE: SUTTON GROUP -SECURITY REAL ESTATE INC.
2700 DUFFERIN STREET UNIT 47 TORONTO (416) 654-1010theBrokerage") TeI.No.
AND:
SELLER(S): ,THE CORPORATION OF THE TOWN OF TILLSONBURG
t"Seller") e
for the real property known as: Part of Lot 2 Concession 6 NTR Middleton on the east side of earyCliew ........... Dr (the "Property")
and for the following Buyer:.ELMER..EX .. Inc. . . ..................................... (the "Buyer")
The Brokerage agrees to provide customer service to the Seller for the sale of the above described Property to the Buyer and the Seller acknowledges and
agrees to the terms as stated in this Agreement.
This non-exclusive Seller Customer Service Agreement:
commencesat AQ--- on the 21....................... day of .May................. ........ .............................................. 207 ..........
and expires at 11:59 p.m. on the . 1 ......................... day of .September 20.17............. (Expiry Date)
Seller acknowledges that the time period for this Agreement is negotiable between the Seller and the Brokerage,
however, in accordance with the Real Estate and Business Brokers Act of Ontario (2002);
If the time period for this Agreement exceeds six months, the Brokerage must obtain the Seller's initials. (Seller's Initials)
The Seller hereby represents and warrants that the Property is rat listed for sale with any other registered real esiate brokerage
and that the Seller has the sole and exclusive authority to execute this Agreement and to offer the Property for sale.
1. DEFINITIONS AND INTERPRETATIONS: For the purposes of this Agreement:
Seller" includes Vendor and "Buyer" includes a purchaser, or a prospective purchaser. "Real property" includes real estate as defined in the Real
Estate and Business Brokers Act (2002). A purchase shall be deemed to include the entering into of any agreement to exchange, or the obtaining of
an option to purchase which is subsequently exercised. For purposes of this Agreement, anyone introduced to or shown the Property shall be deemed
to include any spouse, heirs, executors, administrators, successors, assigns, related corporations and affiliated corporations. Related corporations or
affiliated corporations shall include any corporation where one half or a majority of the shareholders, directors or officers of the related or affiliated
corporation are the same person(s) as the shareholders, directors, or officers of the corporation introduced to or shown the Property. Commission shall
be deemed to include other remuneration. This Agreement shall be read with all changes of gender or number required by the context.
2. COMMISSION: In consideration of the Brokerage showing the Property to the Buyer and/or introducing the Buyer to the Seller for the purpose
of discussing the sale of the Property, the Seller agrees to pay the Brokerage a commission of.5........................... % of the sale price of the
Propertyor...............................................................................................................................................................................................
for any valid offer to purchase the Property entered into between the Seller and the Buyer during the term of this Agreement.
Seller acknowledges that the commission as described above is payable to the Brokerage even if the Seller enters into an
agreement to pay commission to another registered real estate brokerage during the currency of this Agreement or anyextensionthereof.
The Seller agrees to pay such commission as calculated above if an agreement with the Buyer to purchase the Property is agreed to or accepted
by the Seller or anyone on the Seller's behalf within .3Q_ .. ........... ................... - days after the expiration of this Agreement.
INITIALS OF BROKERAGE INITIALS OF SELLER(S):
The trademarks REALTOR®, REALTORSO and the REALTOR® logo ore controlled byy he anodlon Real EstateAssociationICREAIandidentifyrealestateproFessionolswhoatamembersofCREA. sed under license.
2017.
me
O tarso Real Estate A,soonly
nt
0 f OREA"1. All fights reserved. This form was developed by OREA for the use and reproductionhasmembersandlicenseesonly. Any other use or reproduction ' prohibited exceppt with pr or wnnen consent of OREA. Do not alterhenprimingorreproducingthestandardprcsetportion, OREA bears no liability for your use of this form. Porro 535 Revised 2017 Page 1 of ',t
WEBFormsO Dec/2016
if, however, the offer from the Buyer for the purchase of the Property is pursuant to a new agreement in writing to pay commission to another registeredrealestatebrokerage, and if the new agreement was entered into after the expiration of this Agreement, the Seller's liability for commission shall be
reduced by the amount. paid by the Seller under the new agreement. The Seller agrees to pay such commission as described above even if the transaction contemplated by an agreement to purchase agreed to oracceptedbytheSelleroranyoneontheSeder's behalf is not completed, if such non -completion is owing or attributable to the Seller's default orneglect. The commission as described above shall be payable on the date set for completion of the purchase of the Property. Any deposit in respect of
any agreement where the transaction has been completed shall first be applied to reduce the commission payable. Should such amounts paid to theBrokeragefromthedepositorbytheSeller's solicitor not be sufficient, the Seder shall be liable to pay to the Brokerage on demand, any deficiency
in commission and taxes owing on such commission. All amounts set out as commission are to be paid plus applicable taxes on such commission.
3. REPRESENTATION AND CUSTOMER SERVICE: The Seller acknowledges that the Brokerage has provided the Seller with written information
explaining agency relationships, including information on Seller Representation, Sub -Agency, Buyer Representation, Multiple Representation and
Customer Service.
The Seller acknowledges that the Brokerage will be providing customer service to the Seller and will not be representing the interests of the Seller in
a transaction.
The Brokerage may be representing the interests of the Buyer for the transaction. When the Brokerage is representing the Buyer, the Buyer is
considered to be the Brokerage's client, and the Brokerage's primary duties are to protect and promote the interests of the Buyer/client. The Brokerage
will disclose all pertinent information to a Buyer/client obtained from or about the Seller.
Even though the Brokerage's primary duties may be to the Buyer, the Brokerage may provide many valuable customer services to the Seller.
When providing customer service to the Seller, the Brokerage's duties to the Seller include:
the Ethical duty to deal fairly, honestly and with integrity;
the Legal duty to exercise due care when answering questions and providing information; and
the Legal duty to avoid misrepresentation.
The Seiler further acknowledges and agrees that the payment of commission by the Seller to the Brokerage will not create or constitute representation
by the Brokerage of the Seller as a client.
The Seller understands and agrees that the Brokerage also provides representation and customer service to other sellers and buyers. If the Brokerage
represents or provides customer service to more than one seller or buyer for the same trade, the Brokerage shall, in writing, at the earliest practicable
opportunity and before any offer is made, inform all sellers and buyers of the nature of the Brokerage's relationship to each seller and buyer.
4, DEPOSIT: The Seller and Brokerage agree that the deposit for a transaction shall be held in trust by the Brokerage. Any deposit in respect of any
agreement where the transaction has been completed shall be first applied to reduce the commission payable. Should such amounts paid to the
Brokerage from the deposit or by the Seller's solicitor not be sufficient, the Seller shall be liable to pay the Brokerage on demand, any deficiency in
commission and taxes owing on such commission.
5. FINDERS FEES: The Seller acknowledges that the Brokerage may be receiving a finder's fee, reward and/or referral incentive, and the Seller
consents to any such benefit being received and retained by the Brokerage in addition to the commission as described above.
6. INSURANCE: The Seller warrants the Property is insured, including personal liability insurance against any claims or lawsuits resulting from bodily
injury or property damage to others caused in any way on or at the Property and the Seller indemnifies the Brokerage and all of its employees,
representatives, salespersons and brokers for and against any claims against the Brokerage made by anyone who attends or visits the Property.
7. VERIFICATION OF INFORMATION: The Seller authorizes the Brokerage to obtain any information from any regulatory authorities,
governments, mortgagees or others affecting the Property and the Seller agrees to execute and deliver such further authorizations in this regard as
may be reasonably required.
8. ENVIRONMENTAL INDEMNIFICATION: The Seller agrees to indemnify and save harmless the Listing Brokerage and any cooperating brokerage
from any liability, claim, loss, cost, damage or injury as a result of the Property being affected by any contaminants or environmental problems.
9. USE AND DISTRIBUTION OF INFORMATION: The Seller consents to the collection, use and disclosure of personal information by the Brokerage
for the purpose of compiling, retaining and publishing any statistics including data which may be used by the Brokerage to conduct comparative
market analyses; and make such other use of information as the Brokerage deems appropriate in connection with the listing, marketing, selling of real
estate.
14. FAMILY LAW ACT: The Seller hereby warrants that spousal consent is not necessary under the provisions of the Family Low Act, R.S.O. 1990, unlessThespouseoftheSellerhasexecutedtheconsenthereinafterprovided.
11. SUCCESSORS AND ASSIGNS: The heirs, executors, administrators, successors and assigns of the undersigned are bound by the terms of thisAgreement. A
INITIALS OF BROKERAGE. INITIALS OF SELLER(S): =
The trademarks REALTORO, REALTORSO and the REALTORe logo ae controlled bb.. gedmderticense. n Real EstateAssociation (CREA) and identify tool ester professionals who are members ofCREA. us
2017, OntarioReal Estate AssOclOhOn OREA`I. All rights reserved. This form was developed by OREA for the use and ug intonmembersandlicenseesonly. An r use or reproda filar is prohibited except with prior -neon consent of OREA. Do not alterwhenprintingorreproducingthestandardpre-set portion. OREA bears no liability for your use of this lam. Form 535 Revised 2417 Page 2 of 3
WEBForms4D DerJ2016
12. CONFLICT OR DISCREPANCY: If there is any conflict or discrepancy between any provision added to this Agreement (including any Schedule
attached hereto) and any provision in the standard presel portion hereof, the added provision shall supersede the standard preset provision totheextentofsuchconflictordiscrepancy. This Agreement, including any Schedule attoched hereto, shall constitute the entire Agreement between
the Seller and the Brokerage. There is no representation, worronty, collateral agreement or condition, which offects this Agreement other than as
expressed herein.
13. ELECTRONIC COMMUNICATION: This Agreement and any agreements, notices or other communications contemplated thereby may be transmitted
by means ofelectronic systems, in which case signatures shall be deemed to be original. The transmission ofthis Agreement by the Seller by electronic
means shall be deemed to confirm the Seller has retained a true copy of the Agreement.
14. ELECTRONIC SIGNATURES: If this Agreement has been signed with an electronic signature the parties hereto consent and agree to the use of such
electronic signature with respect to this Agreement pursuant to the Electronic Commerce Act 2000, S.O. 2000, c }T as amended from time to time.
15. SOLD SIGN: The Seller hereby agrees and consents by the Seller initialling this term of the Agreement that, upon
the Seller entering into a binding Agreement to sell the Property with the Buyer, the Brokerage is authorized to
place the Brokerage's Sold sign on the Property. (Sellei s initials)
16. SCHEDULES) .A .. ................................................................................................................ attached hereto forms) part of this Agreement.
THE BROKERAGE R S TO PROVIDL-CUSTOME ySERVICE IO THE SELLER IN AN ENDEAVOUR TO OBTAIN THE ACCEPTANCE OF
AN )MEEMENT O."RCHASE BETWEEN THE SELLER AND THE BUYER.
DATE ;tune.4, 2417 Ivana Maric .............I............
to biryA t Br pel (Name of Person Signing)
THIS AC>AWMENT HAS BEEN READ AND FULLY UNDERSTOOD BY ME AND I ACKNOWLEDGE THIS DATE I HAVE SIGNED UNDER SEAL.
SIGNED, SEALED DELIVERED I have hereunto set my hand and seal:
THE COR ON OF THETOWN OF Tltr:
Nome of Sets
tt
DA ............ `...........,...
Signa Authorized Signing Officer} (Seat)
r: _
I...... .................... D ? . t1....1. -.
Signature of Seller/Authorized Signing Officer) (Sea))
SPOUSAL CONSENT: The undersigned spouse of the Seller hereby consents to the sale of the Property pursuant to the provisions of the Family Low Act,
R.S.Q. 1440 and hereby agrees to execute all necessary or incidental documents to further any transaction provided for herein.
i DATE ....................................
spouse) (S-11
DECLARATION OF INSURANCE
IvanaManic............................................................................. The broker/solesperson.............................................
ome of Broker/Salesperson)
hereby declares that he/she is insured as required by I Estate usiness kers Act (REBBA) and Regulations.
ig of Bra rson)
ACKNOWLEDGEMENT
The Setterjs) hereby gckn ed that Seller(s) fatly understand the terms of this Agreement and have received q true
e .- 1
COPY o r g me th ...........C...... day of ............:..lV:::r :.........1.1.: :............ ...... «, 20 ... ......,..
Date:...
jSt nature of S /
Date:.1. L /...(.1...t.....,.... Sigtmture_af Seller}
The trademarks REALTOR®, REAErO%!Toed the REALTORa toga are coneolled bythe Canadian Real EstateAssociation (CR and identify red estate professtands who ore members ofCR A. Used under kense.
Q 2017, Ontano, Red Estate Association ('CRWj. AN rights reserved. This form was developed by AREA for thqquse and reproductionhitmembersandlicenseesonly, Any Whey use or reproduction is prohibited except with prior wntten consent c OREA. Do not alterprintingorreproducingthenorlardpresetpotion. OREA bean no liabitiy for your use of this farm. Form 53S Revised 2017 Page 3 of 3
WE$FormsV Dect?Dtti