[NAME], referred to as OWNER, in consideration for the services performed to date and to be performed, herewith appoints [NAME], referred to as BROKER, as the non-exclusive agent for the sale of the following described business, on the terms and conditions set forth below:
BROKER agrees to diligently seek to find a buyer for the property. This listing shall expire 180 days after commencement.
The minimum selling price of the property shall be:
Upon the following terms:
BROKER shall require all prospects receiving disclosures concerning the business to execute a non-disclosure and confidentiality agreement.
Without the prior permission of OWNER, BROKER may not advertise the business for sale in a fashion so that its directly revealed, except to qualified prospects.
OWNER agrees to pay a commission as set forth below of the based on the sales price, if (1) BROKER procures a buyer who is ready, willing and able to purchase the premises upon the terms stated above; or (2) BROKER procures a buyer to whom OWNER in fact sells or trades the property. A commission as provided shall be due if BROKER procures a buyer that purchases the property on other terms acceptable to the OWNER.
[--%] of the first $------ (dollars) and [--%] on the balance
If the property is sold or otherwise conveyed to a prospect first submitted by BROKER within 4 months of the expiration of the listing period, the commission provided for herein shall be due and payable.
Should a purchaser procured by BROKER default, and if any deposit, escrow or earnest money is forfeited or received by OWNER, OWNER shall pay fifty percent (50%) of the same to the BROKER as compensation, but in no event an amount in excess of the commission earned on the transaction had it closed.
OWNER represents and warrants that it has disclosed all defects in the business to the BROKER and BROKER acknowledges an opportunity to fully inspect the premises.
This is the entire agreement between the parties and the same may only be varied in writing executed by the parties hereto.
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