Kingstree Commons - Broker

Co-Brokerage Buyer Registration & Confidentiality Agreement

This Confidentiality Agreement (“Agreement”) will serve to memorialize the relationship between the Buy-Side Broker, Buyer, Exclusive Listing Agent (Florida Realty Investments) and Owner of Kingstree Commons in Kingstree, South Carolina (“Property”). The obligation of this Agreement shall survive the terms of the Exclusive Listing Agents agreement with the Owner and shall be in full force and effect for eighteen (18) months from the date of signature below. Buy-Side Broker (and/or Buyer) has requested certain information not limited to the Offering Memorandum and other items (“Materials”) from the Exclusive Listing Agent for the express purpose of assessing the viability of potential purchase of the Property. ALL PARTIES AGREE TO THE FOLLOWING, in consideration of the covenants and agreements contained herein:

  1. Buy-Side Broker fee is One Hundred Thousand ($100,000) Dollars should the Buyer consummate the transaction at the contractually agreed purchase price at the effective date of the contract between Buyer and Owner.
  2. In the event that multiple Buy-Side Broker registers the same Buyer, Co-Brokerage representation will be decided by Buyer.
  3. Buy-Side Broker and Buyer will not disclose, release, permit the disclosure of, or transfer any documents provided to any other persons, parties or entities that have not been approved and agreed upon in writing by the Exclusive Listing Agent. Both Buy-Side Broker and Buyer acknowledge that unauthorized disclosure, even without intent to harm could cause substantial and irreparable harm to the Owner and Exclusive Listing Agent.
  4. Buy-Side Broker and Buyer shall not contact directly or indirectly any persons concerning the Property other than Exclusive Listing Agent. Such Persons shall include without limitation: all tenants, tenant employees, Owner, Owner’s employees, lenders, suppliers, contractors, leasing brokers or property managers affiliated with the property.
  5. Buy-Side Broker acknowledges the Exclusive Listing Agent’s right to directly contact the Buyer to verify contact information, verify receipt of Materials and to inquire about the Buyer’s interest and qualifications in consummating the transaction of Property.
  6. All prospective Buyers that Buy-Side Broker wishes to show Materials regarding the purchase of Property must be registered and approved by Exclusive Listing Agent individually & separately prior to dissemination of said Materials.
  7. Should Buyer enter into a Purchase and Sale Agreement (“Contract”) with Owner for the expressed purpose of purchasing the Property, Buyer must consummate the transaction at the proposed Contract purchase price agreed to by Owner at the effective date of the Contract in order for Buy-Side Broker to collect any portion of the Buy-Side Broker Co-Brokerage fee. Should Buyer or Buy-Side Broker suggest, request or demand lowering of Contract price in order to consummate said transaction, Buy-Side Broker waives all rights to Co-Brokerage fee from any and all parties including and not limited to Exclusive Listing Agent and Owner.
  8. Buy-Side Broker and Buyer understand that Owner and Exclusive Listing Agent make no representations or warranties, expressed or implied as to the accuracy or completeness of any Materials provided. Buy-Side Broker assumes full and complete responsibility for confirming, reconfirming and verification of all Materials received and expressly waives all rights of recourse against Owner and Exclusive Listing Broker with respect to the same.
  9. Buy-Side Broker acknowledges Agreement applies only to aforementioned Property and has no implication, bearing or relevance to any other property, parcel or Agreement.
  10. This Agreement shall be governed and construed in accordance with the laws of the State of Florida.


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Signature Certificate
Document name: Kingstree Commons - Broker
Unique Document ID: 78fc2db4e011adf011bf0dcb4cfb38c8d4c50f74
February 14, 2017 3:26 pm EDTKingstree Commons - Broker Uploaded by Craig Katterfield - IP