non-exclusive listing agreement for lease dsl 2015.pdf · non-exclusive listing agreement rev....

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2116 E. 71st • 5846 W. Madison 2735 W. 63rd P: (877) 23-D5E$M F: (773) 337-142 Non-Exclusive Listing Agreement Rev. 03/29/2011 Page 1 of 2 Initials ____/____ NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE Referring Agent List Date Landlord Information Owner of Record Authorized Agent of Owner Landlord Name Phone # Landlord Address Fax # City State Zip E-mail Address Property Information Condominium Rental Management Co. Private Property Address Neighborhood City State Zip Building Type Contact Name Built Prior to 1978? Yes No Contact Phone Showing Instructions Unit # Bedroom(s) Den Bathroom(s) Monthly Rent Security Deposit Date Available Sq. Feet Current Tenant(s) Courtesy Call Information $ $ $ $ $ $ $ $ AMENITIES (PLEASE CHECK ALL THAT APPLY) Heat A/C Pets Condition Utilities Included in Monthly Rent Parking Laundry Floors Kitchen None GFA Electric Radiator Baseboard Pay Blower Gas Space None Central Window Unit(s) Sleeve Pay Blower None Cats OK Dogs OK Negotiable Wt. Limit: __________ New Construction Modern Gut Rehab Part Rehab Vintage Heat A/C Electric Cooking Gas Internet Cable Other: ___________ On-Site Off-Site Covered Uncovered Street Included Fee: _________ None In Unit On Site Coin Card Free Hardwood Carpet Tile Concrete Linoleum Marble Other: _________ Gas Stove Electric Stove Microwave Dishwasher Granite Stainless Steel Other: ____________ Unit Fireplace Balcony Loft Property Fitness Center Business Center Party Room Doorman Elevator Intercom Dry Cleaners Convenience Store On-site Management Bike Storage Storage Pool Roof Deck Porch/Patio Yard Move-In Fee $ Move-Out Fee $ Elevator Deposit $ Additional Notes/Remarks: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Application Fee $ Pet Fee $ Pet Deposit $ Other:___________ $ TERMS AND CONDITIONS 1. Broker will present and promote the Property to interested parties (“Prospective Tenants”), provide Prospective Tenants with information and materials pertaining to the Property, and refer Prospective Tenants to Landlord to view the Property. 2. Nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Broker does not and will not act in a dual agency role or capacity without written disclosure to all parties involved. 3. Landlord acknowledges that it has not entered into any exclusive listing agreement with any other licensed broker. If Landlord enters into an exclusive listing agreement with another broker, Broker shall remain entitled to a brokerage fee according to the terms of this Agreement. 4. Landlord and Broker acknowledge that the Illinois Real Estate Act of 2000, as amended, allows Broker to enter into an agreement with Landlord that specifically designates one or more licensees affiliated with or employed by Broker as Landlord’s legal agent. This appointment of one or more licensees as the Landlord’s designated legal agent is to the exclusion of all other licensees affiliated with the Broker. Landlord acknowledges and agrees that the fiduciary duties owed by an agent to his/her principal will only be owed to Landlord by licensee that is designated as the Landlord’s legal agent. Broker and other licensees affiliated with or employed by Broker will not be the legal agent(s) of the Landlord or have any fiduciary relationship with the Landlord. Broker and Landlord hereby agree that __________________________, the Landlord’s Designated Agent affiliated with Broker, is being named as the Landlord’s exclusive designated legal agent under Landlord’s Non-Exclusive Listing Agreement with Broker. Landlord understands and agrees that the Landlord’s Designated Agent will be Landlord’s exclusive legal agent pursuant to the Non-Exclusive Listing Agreement with Broker and Broker will be free to enter into agreements with prospective tenants as legal agents of those tenants. Landlord also understands and agrees that neither Broker nor other licensees affiliated with Broker will be acting as legal agents of the Landlord. Other licensees affiliated with Broker may contact Landlord to arrange showings of the Property to Prospective Tenants and present applications for Prospective Tenants to Landlord. However, other licensees are the legal agents of their client(s) and have no fiduciary duty to Landlord. Landlord can confidentially discuss its listing with Broker by contacting Landlord’s Designated Agent. Landlord agrees to the establishment of this agency. 5. Landlord shall pay and Broker shall be entitled to brokerage fee equal to the sum of one hundred percent (100%) of one month’s rent, including monthly parking fee if any, as stated in a standard signed lease agreement between Landlord and Prospective Tenant, when the Landlord and any Prospective Tenant enter into a lease agreement, up to and including seventeen (17) months in duration, as a result of Broker’s efforts to market the Property, including as a result of any inquiry from any Prospective

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Page 1: NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE dsl 2015.pdf · Non-Exclusive Listing Agreement Rev. 03/29/2011 Page 1 of 2 Initials ____/____ NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE

2116 E. 71st • 5846 W. Madison • 2735 W. 63rd P: (877) 23-D E M • F: (773) 337- 142

Non-Exclusive Listing Agreement Rev. 03/29/2011 Page 1 of 2 Initials ____/____

NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE Referring Agent List Date Landlord Information � Owner of Record � Authorized Agent of Owner Landlord Name Phone # Landlord Address Fax # City State Zip E-mail Address Property Information � Condominium � Rental � Management Co. � Private Property Address Neighborhood City State Zip Building Type Contact Name Built Prior to 1978? �Yes � No Contact Phone Showing Instructions

Unit # Bedroom(s) Den Bathroom(s) Monthly Rent Security Deposit

Date Available Sq. Feet Current Tenant(s)

Courtesy Call Information

� $ $

� $ $

� $ $

� $ $

AMENITIES (PLEASE CHECK ALL THAT APPLY)

Heat A/C Pets Condition Utilities Included in Monthly Rent Parking Laundry Floors Kitchen

None GFA Electric Radiator Baseboard Pay Blower Gas Space

None Central Window Unit(s) Sleeve Pay Blower

None Cats OK Dogs OK Negotiable Wt. Limit: __________

New Construction Modern Gut Rehab Part Rehab Vintage

Heat A/C Electric Cooking Gas Internet Cable Other: ___________

On-Site Off-Site Covered Uncovered Street Included Fee: _________

None In Unit On Site Coin Card Free

Hardwood Carpet Tile Concrete Linoleum Marble Other: _________

Gas Stove Electric Stove Microwave Dishwasher Granite Stainless Steel Other: ____________

Uni

t Fireplace Balcony Loft Pr

oper

ty

Fitness Center Business Center Party Room

Doorman Elevator Intercom

Dry Cleaners Convenience Store On-site Management

Bike Storage Storage Pool

Roof Deck Porch/Patio Yard

Move-In Fee $

Move-Out Fee $ Elevator Deposit $

Additional Notes/Remarks: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Application Fee $ Pet Fee $ Pet Deposit $ Other:___________ $

TERMS AND CONDITIONS

1. Broker will present and promote the Property to interested parties (“Prospective Tenants”), provide Prospective Tenants with information and materials pertaining to the Property,and refer Prospective Tenants to Landlord to view the Property.

2. Nothing in this Agreement should be construed to create a partnership, joint venture, or employer-employee relationship. Broker does not and will not act in a dual agency role orcapacity without written disclosure to all parties involved.

3. Landlord acknowledges that it has not entered into any exclusive listing agreement with any other licensed broker. If Landlord enters into an exclusive listing agreement withanother broker, Broker shall remain entitled to a brokerage fee according to the terms of this Agreement.

4. Landlord and Broker acknowledge that the Illinois Real Estate Act of 2000, as amended, allows Broker to enter into an agreement with Landlord that specifically designates oneor more licensees affiliated with or employed by Broker as Landlord’s legal agent. This appointment of one or more licensees as the Landlord’s designated legal agent is to theexclusion of all other licensees affiliated with the Broker. Landlord acknowledges and agrees that the fiduciary duties owed by an agent to his/her principal will only be owed toLandlord by licensee that is designated as the Landlord’s legal agent. Broker and other licensees affiliated with or employed by Broker will not be the legal agent(s) of theLandlord or have any fiduciary relationship with the Landlord. Broker and Landlord hereby agree that __________________________, the Landlord’s Designated Agentaffiliated with Broker, is being named as the Landlord’s exclusive designated legal agent under Landlord’s Non-Exclusive Listing Agreement with Broker. Landlord understandsand agrees that the Landlord’s Designated Agent will be Landlord’s exclusive legal agent pursuant to the Non-Exclusive Listing Agreement with Broker and Broker will be free toenter into agreements with prospective tenants as legal agents of those tenants. Landlord also understands and agrees that neither Broker nor other licensees affiliated with Brokerwill be acting as legal agents of the Landlord. Other licensees affiliated with Broker may contact Landlord to arrange showings of the Property to Prospective Tenants and present applications for Prospective Tenants to Landlord. However, other licensees are the legal agents of their client(s) and have no fiduciary duty to Landlord. Landlord canconfidentially discuss its listing with Broker by contacting Landlord’s Designated Agent. Landlord agrees to the establishment of this agency.

5. Landlord shall pay and Broker shall be entitled to brokerage fee equal to the sum of one hundred percent (100%) of one month’s rent, including monthly parking fee if any, asstated in a standard signed lease agreement between Landlord and Prospective Tenant, when the Landlord and any Prospective Tenant enter into a lease agreement,up to and including seventeen (17) months in duration, as a result of Broker’s efforts to market the Property, including as a result of any inquiry from any Prospective

Page 2: NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE dsl 2015.pdf · Non-Exclusive Listing Agreement Rev. 03/29/2011 Page 1 of 2 Initials ____/____ NON-EXCLUSIVE LISTING AGREEMENT FOR LEASE

2116 E. 71st • 5846 W. Madison • 2735 W. 63rd (877) 23-D E M • (773) 337- 142

Page 2 of 2 Initials ____/____

Tenant served by Broker that is then made directly to Landlord. Broker will retain the first full month’s rent payment received from the Tenant as its brokerage fee and Landlord will credit the Tenant for the first month’s rent.

6. Landlord shall pay and Broker shall be entitled to brokerage fee equal to the sum of one hundred and fifty percent (150%) of one month’s rent, including monthly parking fee ifany, as stated in a standard signed lease agreement between Landlord and Prospective Tenant, when the Landlord and any Prospective Tenant enter into a lease agreement, greaterthan seventeen (17) months in duration, as a result of Broker’s efforts to market the Property, including as a result of any inquiry from any Prospective Tenant served by Brokerthat is then made directly to Landlord. Broker will retain the first full month’s rent payment received from the Tenant as partial payment of its brokerage fee and Landlord willcredit the Tenant for the first month’s rent. Landlord shall pay Broker the amount of one half month’s rent due upon lease commencement.

7. Landlord may, from time to time, offer additional compensation via special commissions or bonuses to Broker in addition to the amount stated above. Notification of such specialcommissions and/or bonuses in writing via electronic mail, facsimile, etc. shall entitle Broker to same.

8. Landlord agrees to allow Broker to collect (“capture”) images and data concerning the Property (the “information”), at the discretion and approval of Landlord, and understandsthat the information collected by Broker and/or provided by Landlord shall be the sole property of the Broker. Landlord agrees to allow Broker to use the information collectedand/or provided as Broker deems appropriate in marketing materials to promote the Property. Pictures supplied to Broker by Landlord must be returned upon request ofLandlord. Destruction of digital information supplied by Landlord shall be sufficient to comply with such request.

9. Landlord hereby authorizes Broker to obtain projected average monthly cost of utility service from the utility providing the primary source of heat to the Property for disclosure to Prospective Tenants.

10. Landlord agrees not to offer the property at a different price to other Prospective Tenants as this practice would be considered discrimination under Title VIII of the Civil RightsAct of 1968 (Fair Housing Act).

11. Prospective Tenants referred by Broker shall be entitled to any rent concessions or special inducement to rent being offered by Landlord. It is understood that availability andconcessions are subject to change without prior notice.

12. Broker shall only collect a fee if and when the applicant(s) provided by it is/are approved by Landlord and successfully execute a lease agreement. There is no fee charged ifLandlord rents its apartment(s) on its own or through other means.

13. Broker will assist Landlord in the approval process by providing employment verification, landlord verification, and a complete credit analysis of each applicant if so desired.Applicable fee(s) shall be paid to Broker by Prospective Tenant(s).

14. The term of this Agreement is for one (1) year unless terminated by either party prior to the end of the term. 15. Landlord agrees to indemnify, defend and hold Broker harmless against all claims, causes of actions, suits, threats of legal action, including all costs, expenses (including attorneys

fees) and liabilities, brought against and/or incurred by Broker which arise out of or result from (a) any misstatement by Landlord in the information above, (b) for injuries(including death) to persons or loss or damage to property, including theft, resulting in whole or in part from the acts or omissions of Landlord, including injuries or damagesincurred by any person or because Broker acts or fails to act based upon the instruction and/or direction of Landlord, (c) the condition of the Property, and (d) the Landlord’sviolation of any local, state or federal ordinance, statute, rule or regulation. Upon receiving written notice from Broker, Landlord will then defend Broker against any such claimand Broker at its option shall have the right to select its own legal counsel and control the defense and all related settlement negotiations, and then Landlord shall indemnifyBroker from and against any losses, damages, penalties, fees awarded or agreed to be paid for such claim.

16. Landlord acknowledges that any building code violations at the Property must be made known to any Prospective Tenants in writing prior to the execution of a lease agreement.17. Broker’s liability to the Landlord and any other party for any losses, injury or damages to persons or properties or work performed or arising out of or in connection with this

Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited to the amount of the brokerage fee due or paid to Broker fromLandlord for the lease which gives rise to the claim.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BROKER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. 18. Landlord’s exclusive remedy for any claim arising out of or relating to this Agreement will be for Broker, at its sole option and upon receipt of written notice, either (i) to use

commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Broker is at fault, or (ii) return to Landlord the brokerage fee paid byLandlord to Broker for the particular lease that gives rise to the claim, subject to the limitation contained in this section. Landlord agrees that it will not allege that this remedyfails its essential purpose.

19. In the event that Broker shall successfully bring an action against the Landlord with respect to the enforcement, interpretation, or breach of any provision of this Agreement,Landlord shall pay the amounts incurred by Broker with respect to such action, specifically including court costs, expenses and reasonable attorneys’ fees.

20. Landlord acknowledges that it is the owner or agent of the owner of the Property, and, has the full power and authority to enter into this Agreement. 21. The Agreement is binding upon the parties hereto, their heirs, assigns, successors, and other legal representatives and may be cancelled at any time with thirty (30) days written

notice of intent to do so by either party. 22. This Agreement, together with all other documents executed by the parties related to the Property, is the final, complete and exclusive agreement of the parties with respect to the

subject matter hereof and supersedes and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged. The terms of this Agreement, together with all other documents executed by the partiesrelated to the Property, will govern all services undertaken by Broker for Landlord.

IT IS ILLEGAL FOR EITHER LANDLORD OR BROKER TO REFUSE TO RENT TO ANY PERSON BECAUSE OF ONE’S MEMBERSHIP IN A PROTECTED CLASS, E.G.: RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, ANCESTRY, AGE, MARITAL STATUS, PHYSICAL OR MENTAL HANDICAP, FAMILIAL STATUS, OR ANY OTHER CLASS PROTECTED BY ARTICLE 3 OF THE ILLINOIS HUMAN RIGHTS ACT OR TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (FAIR HOUSING ACT). LANDLORD AND BROKER ACKNOWLEDGE THAT THEY SHALL ALSO BE BOUND BY THE PROVISIONS OF FEDERAL, STATE AND LOCAL (CITY AND/OR COUNTY) HUMAN RIGHTS OR FAIR HOUSING ORDINANCES IF ANY AND AGREE TO COMPLY WITH SAME.

Please sign below and fax to Dream Spots at (773) 337-9142. A facsimile copy shall be deemed an original.

Landlord / Authorized Agent Date

Broker Date