Exclusive Agency Agreement - Chicago Apartment Finders

Exclusive Agency Agreement - Chicago Apartment Finders
LISTING AGENT
PHONE NUMBER
FAX NUMBER
EMAIL ADDRESS
EXCLUSIVE
AGENCY
AGREEMENT
TO LEASE
EXCLUSIVE
LISTING
AGREEMENT
In consideration of both ________________ (“Owner”) granting to Apartment
Finders, LLC d/b/a
Chicago Apartment
List Date
Expiration Date
Finders (“Broker”) the exclusive agency to lease the property described below (“Property”) and Broker’s agreement
OWNER
/
COOPERATING
to use
its
best effortsBROKER
to leaseINFORMATION:
the Property, the receipt and sufficiency of such consideration is hereby acknowledged,
Owner
Owner
Name and Broker agree as follows:
Cell Phone
This Agreement is entered into between __________________ (“Owner”) and Broker to lease the property located at
Owner Address
Work Phone
_____________________________________________ as attached and described in greater detail on the Exclusive
City Agreement Fact Sheet (“ELAFS”)
Home Phone
State
ZIP
Listing
attached hereto.
How did you hear about us?
Email Address
Fax Number
1. EXCLUSIVE AGENCY For definition purposes established by Midwest Real Estate Data LLC (“MRED”), the Chicago
CONDO
ASSOCIATION
MANAGEMENT
Association
of /Realtors
(“CAR”),COMPANY
and the INFORMATION:
Multiple Listing Service (“MLS”), this Agreement is hereby determined as
Name
Work
Phone
Exclusive
Agency. The Broker is the Exclusive Agent for the Owner. At no
time
during the term hereof may the Owner
have
another
Agreement
(either
Exclusive,
Open,
or
Non-Exclusive)
with
any
other
Broker for the Property.
Contact Name
Fax Number
2. DESIGNATED
Email
Address
AGENCY Owner and Broker hereby designate the individual real estate licensee(s) listed below as the
Designated Agent(s) of Owner to the exclusion of all other licensees sponsored by Broker, who shall be referred to
individually or collectively as Designated Agent(s). Owner acknowledges that Broker is a real estate brokerage firm
PROPERTY INFORMATION:
and that in some cases, Broker, either through Designated Agent or through other licensees affiliated with Broker may
Property Address
Neighborhood
represent prospective tenants. Owner specifically requests that the Property
be submitted to all prospective tenants
Building Styleby Broker and/or Designated Agent(s),
City
State those prospective
ZIP
specifically
including, without limitation,
tenants represented
and
Owner consents to any dual agency which may be created thereby,
if such
tenant is represented by
no
Contact
Name
Built before
1978? prospective
yes
Designated
Agent.
Further,
Broker
agrees
that
it
shall
not
disclose
the
confidential
information
of one principal to
Contact Phone
another. Designated Agent(s) are:______________________________________________
3. # TERMRent
The
termSecurity
of thisDeposit
listing agreement
Beds
Price
Date Avail. #(“Agreement”)
Unit
# Baths
midnight
on the$90th full day thereafter (“Term”).
$
shall
commence
on the
date
indicated
on the
ELAFS
and endVACANT
at
SQ FT
Tenant
Contact
Information
(Name,
Phone
& Email)
4. BROKER
Broker$ shall provide, at a minimum, the following services: (1) Accept delivery of and present to Owner
$
offers
and
counteroffers
to lease Owner’s property; (2) Assist Owner in developing, communicating, negotiating, and
$
$
presenting offers, counteroffers until a lease is signed and all contingencies are satisfied or waived; and (3) Answer
$
$
Owner’s
questions
relating to the offers, counteroffer, notices, and contingencies; all in addition to specific services
described
in this Agreement.
(PLEASE CHECK
ALL THATelsewhere
APPLY)
Prop
Condition
5.Type
COMMISSION
Kitchen
Laundry
Bathroom rent
Fireplace
Heat
Pets as:
Parking
Owner
shall payFloors
Broker a commission
including
on deeded
parking (ifA/C
any) computed
Gut Rehab
Modern
Condo
Gourmet
Hardwood
In Build Pay
Wood Burn
GFA
Central
Cats
Uncovered
Lease
TermCommission
Dogs
Garage
Gas
Private
Modern
Carpet
In Build Free
Radiator
Pay Blower
Modern 9-18 months
1 month’s
rent Standard
Wt Lmt
Electric
Window Unit
Tandem
Decorative
Rental
New Const
In Unit
19-24New
months Parquet 1.5 month’s
rent New
lbs ______
None
Pay Blower
Wall Unit
None
Linoleum
Hookup
Part Rehab
Standard
if:
None
Gas Space
None
Vintage
HW/Cpt
None
Deeded
A. The Property is leased to a tenant procured by Broker, or anyone else, provided, however, if Owner
procures a tenant
Negotiable
yes
no
Tile
Radiant Flr
or otherwise leases the Property without the assistance, services, or other involvement of any real estate broker,
Pet Deposit
Inc. in Rent?
Concrete
Non
then no commission
Dishwashershall be due to Broker.
Marble
$_____________
yes
no
Smoking
B. Owner grantsMicrowave
an option to lease the Property and subsequently
leases the Property to the optionee
whether pursuant
Pet Fee /month
Monthly Price
Jacuzzi Tub
to the terms of such option or otherwise (in which case the commission shall be due and payable
upon execution
of
$_____________
$____________
the lease of the Property).
C. In the event the
Property
is purchased
optionIncluded
to purchase
and the Tenant
Building
Amenities
& Features by the Lessee, or anUtilities
in Rent is granted to Tenant
Fees
Deposits
y
e
s
n
o
$
Heat
y
e
s
n
o
Move
In
$
should
the Property,
whether
pursuant
to
such
option
or
otherwise,
then
in
addition
to
a
rental
commission,
Balcony
Pool
(outdoor)
Walk-In
Closet
Internet
DeckpurchaseFreight
Elev
Gas sales price
yes
nshall
o Cablebe paid
yes tonBroker
o Move Outby Owner.
$
$
Intercom
Bike Storage
Roofhalf
Deck percent
Workout
Rm.gross
a sales
commission
of two and
of the
Doorman
Dry Cleaner
CookingGas
yes such
no funds to payment
$
$at lease
Bus. Center
Party Room
Svc.
Entrance rent
Yard
Elevator
D. Broker
is authorized
to collect
prepaid
from Tenant
and apply
of the commission
Elevator
___________
$
$
Storageprepaid rent does not
Ceiling Fan execution.
Electricity
s
no Broker’s commission,
In thePatio
event that such
equal oryeexceed
Owner
shall promptly
Pool (indoor)
Tennis
Enc. Porch
Conv. Store
A/C
yes
no
___________ $
$
pay the unpaid balance of Broker’s commission.
E. Owner authorizes Broker to accept and to timely deposit in Broker’s escrow account any prepaid rent paid by any
TELL US ABOUT YOUR PLACE:
prospective tenant, and to deduct from or apply such prepaid rent toward Broker’s commission when and if such
commission is earned, due, and payable. Owner hereby irrevocably assigns said funds to Broker to the extent
necessary to pay such commission.
REV 6/1/2011 VC
PAGE
Page
1 of2 2OF 4
6. EXPIRATION/TERMINATION Owner agrees to pay Broker a commission computed in accordance with this Agreement
if within 5 days of the expiration or termination of the Term, either Owner leases the Property to, or Owner executes a
contract for the lease of the Property with, or negotiations for such a transaction either continue, resume, or commence
and thereafter continue and lead to a lease of the Property to a Registered Prospect as defined below. A Registered
Prospect is any party whose name appears on a list of Registered Prospects provided by Broker to Owner within 5 days
of expiration of the Term of or termination of this Agreement, provided however, that such Registered Prospect has
during the Term either: (A) toured the Property; or (B) expressed interest in the Property in writing; or (C) offered to
lease the Property. If Broker fails to provide Owner a list of Registered Prospects within 5 days of the expiration of or
termination of the Term, Broker shall have no further right to commission under the terms of this Section.
7. SHOWINGS/MLS Owner hereby authorizes Broker and its agent any suitable means possible to all show the Property.
This shall be arranged primarily with Owner keeping keys with the Property Doorman, or allowing the agent to place
an electronic or combination lock box on the Property for the purpose of keeping a key to the Property for access by
cooperating real estate agents. Owner shall hold Broker, its agents, and any Multiple Listing Service of which Broker
is a participant harmless from any and all liability, claims, judgments, obligations, or demands against Broker and/or
agent as a result of Owner’s authorization to use a Lock Box, including, but not limited to, any and all liabilities and costs,
including reasonable attorney fees incurred by Broker and/or agents as a result of this authorization, except for criminal
or gross negligence on the part of the Broker and/or agents. Owner has been advised by the Broker on the safeguarding
or removal of valuables now located within the Property and the need to obtain personal property insurance through
Owner’s insurance company. When the Property is leased, Owner acknowledges that he/she has in fact notified and
advised the tenant/occupant of the foregoing and that the tenant/occupant agrees to the foregoing terms and provisions.
The apartment listing shall be posted to the MLS within 7 days of CAF receiving this signed Exclusive Agreement.
8. MISCELLANEOUS Owner agrees:
A. To cooperate with Broker and to refer to Broker any and all inquiries of any party interested in the Property;
B. To conduct all negotiations for lease of the Property arising from any outside Broker through his/her designated
Agent;
C. To furnish possession to the Property as required by any lease;
D. If the Property is a condominium, then no later than 15 days from the date hereof, Owner shall further to Broker a
complete set of condominium documents, to include declaration and bylaws. If the Property is a cooperative, then,
no later than 15 days from the date hereof, Owner shall further to Broker a complete set of cooperative documents,
to include the proprietary lease or trust agreement and the bylaws. In the event the Property is a townhouse or
condominium and dependent upon the condominium association’s governing documents, either upon execution
of this multiple listing agreement or upon acceptance of a lease application by Owner, Owner shall promptly
notify the appropriate representative of the condominium association or any other applicable organization of the
contemplated transaction. Owner shall furnish Tenant a statement from an authorized officer or agent of the
condominium association allowing possession of the Property or any other documents required by the declaration
of condominium, cooperative association, or its bylaws as a precondition to the transfer of possession;
E. Broker is exclusively authorized to advertise the Property and to place a sign on the Property if in Broker’s opinion,
a sign would facilitate the lease of the Property;
F. To provide to Broker copies of all transaction documents including without limitation lease application, lease, and
required disclosures;
G. That Broker has no responsibility for the management, condition, or repair of the Property;
H. That Broker shall not be responsible for evaluating the credit or creditworthiness of or the ability of any prospective
tenant to perform the terms of any lease;
I.
That Owner and its counsel (and not Broker) shall be responsible for determining the legal sufficiency of
transactional documents for the lease of the Property;
J. Owner understands and agrees that Broker may from time to time represent or assist other owners who may be
interested in leasing property to renters with whom Broker has an agency relationship or with whom Broker is
working. Owner consents to Broker’s representation of such other owners before, during and after the expiration
of this Agreement and expressly waives any claims, including, but not limited to, breach of fiduciary duty or breach
of contract, based solely upon Broker’s representation or assistance of other owners who may be interested in
leasing property to renter with whom Broker has an agency or with whom Broker is otherwise working.
K. All sums due to Broker from Owner pursuant to this Agreement shall bear interest at 9% per annum from 10
business days after the date due until paid.
9. AUTHORITY Owner warrants to Broker that it is the owner of the Property. Each signatory to this Agreement warrants
that it has the power and authority to sign this Agreement and to bind the party for whom it executes this Agreement.
10. COMPLIANCE Broker agrees to offer the Property in compliance with all applicable anti-discrimination laws, statutes,
and ordinances. Owner and Broker agree to comply with all applicable federal, state, and local, laws, regulations, codes,
ordinances, and administrative orders which pertain the and have jurisdiction over the parties at the Property, including
PAGE 3 OF 4
without limitation, the 1964 Civil Rights Act, FIRPTA, the Comprehensive Environmental Response Compensation Act,
the Americans with Disabilities Act, and all amendments thereto.
11. BINDING NATURE This Agreement shall be binding upon and shall benefit each party hereto, including its heirs,
successors, and assigns.
12. SEVERABILITY In the event that any clause or provision or other portion of this Agreement shall be determined to be
unenforceable or void based on any applicable law, the remainder of this Agreement shall remain in force and continue
in full force and effect.
13. ENTIRE AGREEMENT This Agreement shall, when executed, constitute the entire agreement between Owner and Broker
and supercedes all (both oral and written) prior discussions, negotiations, and agreements. Each party represents and
warrants to the other that in executing this Agreement, it is not relying on any prior or other discussions, negotiations,
or agreements, except for the matters and promises explicitly contained in this Agreement. There shall be no valid or
binding amendment, alteration, cancellation, or withdrawal of this Agreement unless made in writing and executed by
both Owner and Broker.
14. FAIR HOUSING It is illegal for either the landlord or CAF to refuse to display or to lease to any person because of one’s
membership in a protected class, e.g.: race, color, religion, national origin, sex, ancestry, age, martial status, physical
or mental handicap, familial status, or any other class protected by article 3 of the Illinois Human Rights Act. Landlord
and CAF acknowledge that they shall also be bound by the provisions of state and local (city and/or county) human rights
or fair housing ordinances if any and agree to comply with the same.
PLEASE ANSWER THE FOLLOWING QUESTIONS BELOW:
Will you accept Co-Signers? Yes  No
Is your property on the market for sale?
 Yes  No
Is your property in foreclosure or pending foreclosure?
 Yes  No
In the event my tenant renews their lease for an additional term,
I would like CAF to handle the lease renewal process for $99.
 Yes  No
ACCEPTED:
OWNER:
BROKER:
A(N): ___________________________________________
Apartment Finders, LLC d/b/a Chicago Apartment Finders
BY: ____________________________________________
Its Authorized Agent
BY: ____________________________________________
Its Authorized Agent
DATE: __________________________________________
DATE: __________________________________________
ADDRESS: ______________________________________
______________________________________
______________________________________
ADDRESS: Apartment Finders, LLC
1114 W. Bryn Mawr Avenue
Chicago, IL 60660
ELECTRONIC SIGNATURE:
All parties consent to executing or accepting agreements by electronic or digital means and agree (i) documents executed
or accepted in such manner shall be considered as legally binding and shall be treated as an original written, signed
documents, and (ii) agree not to raise, and agree to waive, the use of electronic transmission or electronic signatures as a
defense to the binding nature of such agreements.
 I agree.
________________________________________________________________________________________________________________________________
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