REPUBLIC OF TRINIDAD AND TOBAGO:


LISTING AGREEMENT




AN AGREEMENT made on {{date}} Between {{Your Name}} of {{Your Address}} in the Island of Trinidad (hereinafter called “the Client”) of the One Part And JASERV LIMITED of #83 St. Vincent Street, Tunpauna in the Island of Trinidad (hereinafter called “the Agent”) of the Other Part.


WHEREAS the Client is the owner of and entitled to sell the premises contained in / known as Deed/Filo # {{deed or Filo Number}} (hereinafter called “the property”).


AND WHEREAS the Client (as Principal) is desirous of engaging with the Agent with a view to appointing the Agent as their true and lawful real estate agent, for the purpose of procuring a sale for the property.


WHEREBY IT IS AGREED as follows:



1. The Client hereby appoints the Agent on an/a  Exclusive/Non-Exclusive basis, with the intention that the Agent shall locate or procure a buyer for the property.



2. This agreement shall remain in force until the property is sold (hereinafter called “the engagement period”). Alternatively, either party may terminate this agreement by SEVEN (7) DAYS Notice in Writing to the other party.



3. Should this agreement be exclusive, the Client shall not engage directly or indirectly the services of any other person or entity with a view to locating or procuring a buyer for the property during the engagement period. Should this agreement be non-exclusive, the Client may engage in such activities as described in this paragraph, provided that the Client discloses to the Agent the name or identity of any other person or entity with whom they are engaged for this purpose.



4. The Client agrees to furnish the Agent with all documents (title documents, statutory approvals, clearances etc.) in respect of the property which would be required by a prospective purchaser. The Agent shall be allowed to furnish copies of such documents to serious prospective purchasers of the property.



5. The Agent is authorized by the Client to advertise, market, conduct viewings, accept offers, and otherwise to take all other necessary steps within the purview of a real estate agent or practitioner in respect of the property with a view to locating or procuring a sale thereof.



6. The Client agrees and undertakes to fully indemnify, hold harmless, and exonerate the Agent against and with respect to any and all claims, suits, actions, proceedings, investigations, judgments, deficiencies, damages, settlements, liabilities, and other expenses, arising out of or in connection with any defect in title or encumbrances in respect of the property or any part thereof which are now known or may hereafter be discovered.



7. In consideration of the Agent’s efforts, expertise, and services provided to the Client in acquiring a sale for the property, the Agent shall be entitled to a commission and/or other compensation; namely: 3% of the Property’s selling price.



8.Any deposit from a Purchaser procured by the Agent in respect of the property which is subsequently forfeited by the said Purchaser due to default on their part shall be divided equally between the Client and the Agent. Same shall not be construed as being payment or part payment of any commission or compensation in respect of a future sale of the property.



9.Should the Agent acquire a Purchaser who makes a deposit towards the property, and it is thereafter discovered that title to the property is defective or that the property is encumbered or the Client is otherwise in default, the Agent shall remain entitled to fair and reasonable compensation from the Client for having acquired that Purchaser. Such compensation shall be separate and apart from any commission in respect of a future sale of the property procured by the Agent.



10. The Client shall not object to and shall concur with any arrangements made by the Agent to receive its payments directly from the Stakeholder or escrow agent in any sale of the property (with the concurrence of the Purchaser). Where applicable, the Client shall join with any Purchaser for the purpose of instructing the Stakeholder or escrow agent to make such disbursements of payment to the Agent as are required by this Agreement, in lieu and instead of such payments first passing through the Client’s hands, and then unto the Agent.



11. The Client shall make himself available at all reasonable times during the period of engagement to enter into such written agreements or to sign or perfect any related documents for the purpose of giving effect to a sale of the said lands to any third party and/or their respective financial institutions.




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