AGENCY AGREEMENT DISCLOSURES
Compensation above is the Total Compensation to Buyer’s Brokerage in this transaction and is payable to Buyer’s Broker: [a] when Buyer[s] enter[s] into an agreement to purchase, lease, exchange or option any property prior to the Termination Date; [b] within 360 days after the Termination Date when Buyer enters into an agreement to purchase, lease, exchange or option any property introduced to Buyer[s] during the Term. As a courtesy to Buyer[s], Buyer’s Brokerage consents to receive payment at the first to occur of Closing or by the deadline for Closing to occur per the Contract for any sale or exchange and upon the first to occur of payment of rents or the due date for payment of rents per lease for any lease; and [c] if completion of a purchase, lease or other acquisition of real estate is prevented by Buyer’s default, becoming payable upon buyer’s default.
Buyer[s] Acknowledgements. Buyer[s] acknowledge[s] and agree[s] to the following:
[1] Compensation for real estate brokers is not set by law and is fully negotiable and offers of compensation, if made, are not blanket, unconditional or unilateral. By signing this Agreement, Buyer[s] acknowledge[s] that Buyer[s] has/have had ample and sufficient opportunity to negotiate Total Buyer’s Brokerage Compensation in good faith and is in full agreement with the Total Buyer’s Brokerage Compensation set forth in this Agreement.
[2] This is an Exclusive Buyer Agency Agreement. During the Term hereof, Buyer[s] agree[s] that:
[a] Buyer’s Broker will be Buyer’s[s’] exclusive agent relating to all properties presented to Buyer[s], whether by Buyer’s Brokerage or other parties, and whether listed for sale or offered for sale by owner;
[b] Buyer’s Brokerage shall exclusively represent Buyer[s] relating to any offer made relating thereto;
[c] Buyer[s] agree[s] to refer to Buyer’s Brokerage all leads and information about real property that interests Buyer[s]; and
[d] Upon Buyer’s[s’] entry into a binding purchase and sale agreement, lease or option for any property, Buyer’s Brokerage will cease seeking or presenting other properties to Buyer[s].
[3] During the Term of this Agreement, Buyer[s] will:
[a] provide to Buyer’s Brokerage, upon request, the general nature, location, requirements and preferred terms and conditions relevant to property Buyer[s] is/are seeking;
[b] provide to Buyer’s Brokerage relevant personal and financial information regarding Buyer’s[s’] ability to obtain financing and any loan pre-qualification;
[c] refrain from working with any real estate agent other than Buyer’s Brokerage; and
[d] refer to Buyer’s Brokerage any and all inquiries in any form from other real estate agents, owners, sellers, landlords or any other person; and conduct all negotiations in good faith exclusively through Buyer’s Brokerage.
[4] Buyer[s] has/have the option of instructing Buyer’s Brokerage to accept an offer of compensation made by a Listing Brokerage and/or include a request that Seller[s] pay all or a portion of Total Buyer's Brokerage Compensation in any offer presented to
Premises Safety & Liability; Waiver. Buyer[s] acknowledges that Owner, and not Buyer’s Brokerage or any of Buyer’s Brokerage’s salespersons, is solely responsible for safety of any property Buyer[s] may enter or inspect during the Term hereof, and during any Protection Period. For and in consideration of the entry of Buyer’s Brokerage into this Agreement and performance of services hereunder, and excluding only claims pertaining to the gross negligence of Buyer’s Brokerage or Buyer’s Brokerage’s salespersons, Buyer[s] and their heirs, successors, relatives, assigns, employees, employers, executors, administrators, beneficiaries, insurers, reinsurers, subrogees, officers, directors, stockholders, associates, sister companies, affiliated corporations, agents, attorneys, representatives and all other related entities and individuals in privity therewith agree to defend, indemnify and hold harmless Buyer’s Brokerage and their salespersons against and from any losses, damages, claims, suits at law [including court costs and attorney fees] or other costs or expenses relating to or resulting from any actual or alleged injury, harm, loss, damages or claim of any nature asserted by any person whatsoever having to do with or arising out of any injury to any person or property entering or upon any property other than Buyer’s Brokerage’s office[s] during the Term hereof, including any Protection Period. Nothing herein releases or excuses and duties of Buyer’s Brokerage or salespersons under the Mississippi Real Estate Broker License Act of Fair Housing Act; Equal Opportunity. Buyer[s] acknowledge[s] that properties shall be shown and be made available, and all services rendered under this Agreement shall be rendered, to Buyer[s] without regard to age, race, color, religion, sex, disability, familial status, national origin or as may be provided by local, state or federal laws or regulations. REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity. REALTORS® shall not be parties to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity.
Attorney Fees. Should Buyer’s Brokerage hire any attorney to enforce collection of any Compensation due under this Agreement, Buyer’s Brokerage shall be entitled to, and Buyer[s] hereby agree[s] to pay upon demand, all attorney or collection fees incurred by Buyer’s Brokerage in collection of any payment due and not timely paid by Buyer[s]. In any action, proceeding or arbitration to enforce any provisions of this Agreement, or in the event any claim for damages caused by the default of any party is filed relating to this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs and related expenses from the non-prevailing party.
BROKERAGE SERVICE OPTIONS
BUYER’S EXCLUSIVE BROKER. Thank you for choosing us to be your teammate!! That’s right, we are a team…we’re in this together!! In addition to our complete range of Brokerage Services for the purchase of your new property, you now have exclusive access to our customized Buyer’s Portal, which gives you the following:
CLIENT INTRANET We believe in transparency and constant communication, so you now have access to our online communication tools: 24/7 access to home search, links to the Team, all documentation, automated emails at each major task
OFF MARKET LISTING ACCESS Opportunities for off market listings will be presented to you as they come available, as long as they meet your desired parameters
PRO NETWORK Access to our database of vetted professionals including lenders, home inspectors, appraisers, contractors, designers, closing attorneys and more!
SHOWINGS Tours, inspections, walk throughs, etc at times most suitable to your schedule
WEEKEND ASSISTANCE Whether it be simple questions, touring properties, writing or negotiating contracts, you have access to us from 10 AM – 2 PM on Saturdays. Family & Faith come first on Sundays!!
SELLER’S AGENT. The Property being shown to the Buyer is listed by Mississippi Magnolia, LLC, which represents the Seller in securing a Buyer. As an Agent of the Seller only, Mississippi Magnolia, LLC has the duties and obligations of honesty and fair dealing to both the Buyer and Seller. To the Seller, only, Mississippi Magnolia, LLC has the fiduciary duties of loyalty, confidentiality, obedience, disclosure, full accounting, and the duty to use skill, care, and diligence.
ONE TIME SHOWING. Mississippi Magnolia, LLC is only providing brokerage services for property shown on a specific date. Regardless of Agency Relationship, Brokerage Services are offered to Buyer on a limited basis and shall be limited to the following:
Property Searches
Property tours on a specific date, excluding Saturdays & Sundays
Contract Preparation, Negotiation and Facilitation through Closing
**updated 03.27.25 at 10:05am CST