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3. Compensation: NOTICE: The amount or rate of real estate commissions is not fixed by law
and is subject to negotiation. Broker’s compensation will be paid by Seller and/or Seller’s
agent pursuant to Multiple Listing Service rules. Broker shall be paid out of escrow or by
Seller and Buyer agrees to sign all documents necessary to accomplish such payment. Broker is
deemed to be the procuring cause of Buyer leasing or buying any property identified or shown by
Broker to Buyer even if lease or sale occurs after expiration of this Agreement, including but not
limited to those properties listed on back of this Agreement, and Buyer agrees not to take a
contrary position.
4. Duties: Buyer agrees to timely view and consider properties selected by Broker and to act in
good faith in considering, negotiating and completing a property lease or acquisition. Broker
agrees to act in good faith to locate and present potential properties, and to present, negotiate for
and assist Buyer completing a transaction. Buyer agrees that Broker does not decide what rent or
price Buyer should pay or accept, and does not warrant or guarantee the title, status, dimensions
or physical condition of any property. Buyer acknowledges that they will consult with other
professionals if they need legal, tax, financial or accounting advice.
5. Attorneys’ Fees and Dispute Resolution: Attorneys fees shall be awarded the prevailing party
only if the dispute relates to the obligation to pay compensation under this Agreement. Buyer and
Broker agree to mediate any dispute or claim arising out of this Agreement before commencing
legal action and to share the costs of such mediation. A party failing or refusing to so mediate
shall not be entitled to recover attorneys’ fees even if otherwise entitled to recover the same.
Buyer and Broker agree to submit all claims and disputes to binding arbitration with the arbitrator
to award prevailing party attorneys’ fees and costs, including the costs of mediation and
arbitration. The arbitrator shall follow the substantive law of the State of California and shall
render a reasoned award. The parties waive their right to a jury trial and any appeal from the
arbitration award. (Binding Arbitration is Voluntary): Initial if agreed: _____ (Buyer); _____
(Broker).