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1. Parties: Identifies the builder and broker, including full legal names, addresses, and business details
2. Background: States the context of the agreement, including the builder's development projects and broker's qualifications
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Details the broker's responsibilities and services to be provided
5. Term and Termination: Specifies duration of agreement and conditions for termination
6. Compensation: Details commission structure and payment terms
7. Representations and Warranties: States parties' assurances regarding licenses, capabilities, and compliance
8. Governing Law: Specifies applicable jurisdiction and dispute resolution
1. Marketing Requirements: Details specific marketing obligations and strategies required by the builder
2. Exclusivity Provisions: Terms defining exclusive representation rights and limitations
3. Performance Metrics: Specific sales targets, requirements, and measurement criteria
4. Technology Requirements: Specific systems or platforms to be used in the course of representation
1. Schedule A - Property Details: List of properties or developments covered by agreement
2. Schedule B - Commission Structure: Detailed breakdown of commission rates and calculations
3. Schedule C - Marketing Materials: Approved marketing content and guidelines
4. Schedule D - Required Disclosures: State-specific required disclosures and forms
5. Schedule E - Performance Metrics: Detailed performance requirements and measurement criteria
Broker
Builder
Commission
Commencement Date
Confidential Information
Development
Development Property
Effective Date
Exclusive Period
Force Majeure
Gross Sales Price
Intellectual Property Rights
Licensed Activities
Marketing Materials
Marketing Plan
Model Home
Net Sales Price
New Home
Properties
Project
Purchase Agreement
Qualified Buyer
Real Estate Services
Sales Office
Specifications
Term
Territory
Units
Scope of Services
Exclusivity
Commission Structure
Payment Terms
Marketing Obligations
Representations and Warranties
Term and Duration
Termination Rights
Confidentiality
Non-Solicitation
Intellectual Property
Insurance Requirements
Indemnification
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Performance Standards
Reporting Requirements
Compliance with Laws
Record Keeping
Amendment and Modification
Entire Agreement
Severability
Waiver
Third-Party Rights
Counterparts
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