EXCLUSIVE AGENCY RENTAL LISTING AGREEMENT
[Owner’s Mailing Address]
[City, State and Zip Code]
Re: Exclusive Agency to Lease
[Full Address of Rental Property]
Dear [Owner Name]:
This will confirm that you have engaged Mont Sky Real Estate LLC (“Broker”) as your exclusive agent with the exclusive agency to lease (including sublease) the above Premises.
1. You represent (select one):
___ You are the owner of the Premises and authorized to rent the Premises without the consent of any other person.
___ You are the tenant of the Premises, have received approval from the Owner of the building to sublease or assign your lease and will cooperate with Broker and any prospective tenant in obtaining the con sent of the Owner.
___ The Premises is a condominium unit, you are the owner, and you will cooperate with Broker and any prospective tenant in obtaining the Waiver of Right of First Refusal of the Condominium.
___ The Premises is a cooperative unit, you are the holder of the proprietary lease for the Premises, and you will cooperate with Broker and any prospective tenant in obtaining the consent of the Cooperative.
Any rental or sale is subject to approval of the Landlord, Condominium, or Cooperative, as applicable, as well as your approval. You authorize Broker to contact the foregoing, or their managing agents, to verify the status of the Premises and all necessary approvals.
2. You authorize Broker to offer the Premises at a monthly rent of $TBD for a minimum term of 1 year. This price can be updated at any time with seller’s approval.
3. The Term of this Exclusive Agency shall be 90 days from the date you sign this Agreement. Thereafter the Term may be extended by mutual agreement of the parties, in writing or it shall become an open listing.
4. You authorize Broker to advertise, photograph and show the Premises. Broker may host open houses for potential tenants and brokers. You authorize Broker to direct all marketing and agree that no other advertising or marketing, including listings on the Internet, shall be permitted unless Broker specifically authorizes them. Broker will advertise the Premises, including listing it on its web site, at its discretion.
5. You hereby authorize Broker, unless otherwise specified by you in this Agreement, to solicit the cooperation of other licensed real estate brokers who are members of The Real Estate Board of New York who will act as agents for the prospective tenants.
6. An Exclusive Agency to Lease means that during the Term of this Agreement only you and the Broker can rent the Premises. During the Term of this Agreement you agree to refer to Broker all inquiries, proposals and offers received by you from other brokers, and you agree to conduct all such negotiations solely and exclusively through Broker. Nothing in this Agreement shall preclude you from leasing the Premises on your own. You agree that when and if a lease of the property is fully executed, we will seek and be paid our commission and compensation for services rendered only from the tenant, at a rate of ____% of the first year’s rent.
7. Within three (3) business days after the expiration or termination of this Agreement, Broker will give you a list of no more than 6 people who were introduced to the Premises by Broker during the Term. If a lease or contract of sale for the Premises is entered into with anyone on that list within 90 days of the Term, you will owe us a commission as provided in this Agreement.
8. You acknowledge that Broker has informed you of your obligations under the Federal Lead Paint Disclosure Law and that you are aware of your responsibility to ensure compliance therewith.
9. This Agreement represents and embodies the entire agreement between the parties and supersedes any previous oral or written agreements, discussions or understandings. This Agreement may only be amended or modified by a written document signed by the parties. This Agreement is binding upon both parties’ successors and assigns.
10. In the event the property does not rent during the term of this agreement or any extension hereof or during the protection period set forth above, you shall nonetheless be obligated to reimburse Broker for expenses in the amount of $400. If you pre-pay this in advance this provision will be waived.
Please sign below as confirmation of your agreement, retain a copy, and return a signed copy to Broker.
Mont Sky Real Estate LLC
AGREED AND ACCEPTED TO:
Executed by Broker:
Broker: Chris Zhou
Firm: Mont Sky Real Estate LLC
Executed by Owner(s):