Fillable Form LC57-6-19 exclusive right-to-lease listing contract

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Form LC57-6-19 exclusive right-to-lease listing contract

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BROWSE CITY OF OAKLAND (CA) FORMS

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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 1 of 8
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
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(LC57-6-19) (Mandatory 1-20)
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THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES
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SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
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Compensation charged by brokerage firms is not set by law. Such charges are established by each real estate brokerage firm.
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DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE LANDLORD AGENCY, TENANT
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AGENCY, SELLER AGENCY, BUYER AGENCY OR TRANSACTION-BROKERAGE.
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EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT
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LANDLORD AGENCY TRANSACTION-BROKERAGE
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Date:
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1. AGREEMENT. Landlord and Brokerage Firm enter into this exclusive, irrevocable contract (Landlord Listing Contract) and
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agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to Landlord. Landlord agrees to
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pay Brokerage Firm as set forth in this Landlord Listing Contract.
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2. BROKER AND BROKERAGE FIRM.
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2.1. Multiple-Person Firm. If this box is checked, Broker (as defined below) is the individual designated by Brokerage Firm
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to serve as the broker of Landlord and to perform the services for Landlord required by this Landlord Listing Contract. If more than
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one individual is so designated, then references in this Landlord Listing Contract to Broker include all persons so designated,
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including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing
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broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.
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2.2. One-Person Firm. If this box is checked, Broker (as defined below) is a brokerage firm with only one licensed person.
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References in this Landlord Listing Contract to Broker or Brokerage Firm mean both the licensed person and brokerage firm who
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serve as the Broker of Landlord and perform the services for Landlord required by this Landlord Listing Contract.
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3. DEFINED TERMS.
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3.1. Landlord:
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3.2. Brokerage Firm:
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3.3. Broker:
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3.4. Premises. The Premises is the following legally described real estate in the County of , Colorado:
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known as No. ,
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Street Address City State Zip
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together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of
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the owner of the Premises (Owner) in vacated streets and alleys adjacent thereto, if applicable, except as herein excluded.
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3.5. Lease; Sale.
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3.5.1. A “Lease” of the Premises or Lease means any agreement between the Landlord and a tenant to create a tenancy
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or leasehold interest in the Premises.
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3.5.2. If this box is checked, Landlord represents to Broker that Landlord has the right and authority from Owner,
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authorizes Broker to negotiate the “Sale” of the Premises. A “Sale” of the Premises means the voluntary transfer or exchange of any
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interest in the Premises or the voluntary creation of the obligation to convey any interest in the Premises, including a contract or
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lease. It also includes an agreement to transfer any ownership interest in an entity which owns the Premises.
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3.6. Listing Period. The Listing Period of this Landlord Listing Contract begins on and
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continues through the earlier of (1) completion of the Lease of the Premises or (2) ,
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and any written extensions (Listing Period). Broker must continue to assist in the completion of any Lease or Sale of the Premises
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for which compensation is payable to Brokerage Firm under § 7 of this Landlord Listing Contract.
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3.7. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation “N/A”
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or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon which
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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 2 of 8
both parties have signed this Landlord Listing Contract. For purposes of this agreement, Landlord includes sublandlord and tenant
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includes subtenant.
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3.8. Day; Computation of Period of Days, Deadline.
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3.8.1. Day. As used in this Landlord Listing Contract, the term “day” means the entire day ending at 11:59 p.m.,
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United States Mountain Time (Standard or Daylight Savings as applicable).
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3.8.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not
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specified, e.g., three days after MEC, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday
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or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a Saturday,
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Sunday or Holiday. Should neither box be checked, the deadline will not be extended.
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4. BROKERAGE RELATIONSHIP.
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4.1. If the Landlord Agency box at the top of page 1 is checked, Broker represents Landlord as Landlord’s limited agent
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(Landlord’s Agent). If the Transaction-Brokerage box at the top of page 1 is checked, Broker acts as a Transaction-Broker.
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4.2. In-Company Transaction – Different Brokers. When Landlord and tenant in a transaction are working with different
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brokers in the Brokerage Firm, those brokers continue to conduct themselves consistent with the brokerage relationships they have
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established. Landlord acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage Firm
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working with a tenant.
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4.3. In-Company Transaction – One Broker. If Landlord and tenant are both working with the same Broker, Broker must
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function as:
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4.3.1. Landlord’s Agent. If the Landlord Agency box at the top of page 1 is checked, the parties agree the following
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applies:
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4.3.1.1. Landlord Agency Unless Brokerage Relationship with Both. Broker represents Landlord as
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Landlord’s Agent and must treat the tenant as a customer. However, if Broker delivers to Landlord a written Change of Status that
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Broker has a brokerage relationship with the tenant then Broker is working with both Landlord and tenant as a Transaction Broker.
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If the box in § 4.3.1.2 (Landlord Agency Only) is checked, § 4.3.1.2 (Landlord Agency Only) applies instead.
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4.3.1.2. Landlord Agency Only. If this box is checked, Broker represents Landlord as Landlord’s Agent and
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must treat the tenant as a customer. A customer is a party to a transaction with whom Broker has no brokerage relationship. Broker
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must disclose to such customer Broker’s relationship with Landlord.
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4.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the event neither
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box is checked, Broker must work with Landlord as a Transaction-Broker. A Transaction-Broker must perform the duties described
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in § 5 and facilitate lease transactions without being an advocate or agent for either party. If Landlord and tenant are working with
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the same broker, Broker must continue to function as a Transaction-Broker.
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5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Landlord’s Agent, must
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perform the following “Uniform Duties” when working with Landlord:
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5.1. Broker must exercise reasonable skill and care for Landlord, including, but not limited to the following:
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5.1.1. Performing the terms of any written or oral agreement with Landlord;
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5.1.2. Presenting all offers to and from Landlord in a timely manner regardless of whether the Premises is subject to a
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Lease or letter of intent to Lease;
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5.1.3. Disclosing to Landlord adverse material facts actually known by Broker;
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5.1.4. Advising Landlord regarding the transaction and advising Landlord to obtain expert advice as to material matters
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about which Broker knows but the specifics of which are beyond the expertise of Broker;
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5.1.5. Accounting in a timely manner for all money and property received; and
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5.1.6. Keeping Landlord fully informed regarding the transaction.
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5.2. Broker must not disclose the following information without the informed consent of Landlord:
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5.2.1. That Landlord is willing to accept less than the asking lease rate for the Premises;
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5.2.2. What the motivating factors are for Landlord to lease the Premises;
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5.2.3. That Landlord will agree to Lease terms other than those offered;
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5.2.4. Any material information about Landlord unless disclosure is required by law or failure to disclose such
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information would constitute fraud or dishonest dealing; or
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5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Premises.
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5.3. Landlord consents to Broker’s disclosure of Landlord’s confidential information to the supervising broker or designee
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for the purpose of proper supervision, provided such supervising broker or designee does not further disclose such information
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without consent of Landlord, or use such information to the detriment of Landlord.
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5.4. Brokerage Firm may have agreements with other landlords to market and lease their premises. Broker may show
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alternative premises not owned by Landlord to other prospective tenants and list competing premises for lease.
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5.5. Broker is not obligated to seek additional offers to Lease the Premises while the Premises is subject to a Lease.
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5.6. Broker has no duty to conduct an independent inspection of the Premises for the benefit of a tenant and has no duty to
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independently verify the accuracy or completeness of statements made by Landlord or independent inspectors. Broker has no duty
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to conduct an independent investigation of a tenant’s financial condition or to verify the accuracy or completeness of any statement
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made by a tenant.
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5.7. Landlord understands that Landlord is not liable for Broker’s acts or omissions that have not been approved, directed, or
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ratified by Landlord.
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5.8. When asked, Broker Will Will Not disclose to prospective tenants and cooperating brokers the existence of offers
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on the Premises and whether the offers were obtained by Broker, a broker within Brokerage Firm or by another broker.
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6. ADDITIONAL DUTIES OF LANDLORD’S AGENT. If the Landlord Agency box at the top of page 1 is checked, Broker
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is Landlord’s Agent, with the following additional duties:
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6.1. Promoting the interests of Landlord with the utmost good faith, loyalty and fidelity;
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6.2. Seeking lease rates and terms that are set forth in this Landlord Listing Contract; and
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6.3. Counseling Landlord as to any material benefits or risks of a transaction that are actually known by Broker.
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7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Landlord agrees that
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any Brokerage Firm compensation that is conditioned upon the Lease of the Premises will be earned by Brokerage Firm as set forth
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herein without any discount or allowance for any efforts made by Landlord or by any other person in connection with the Lease of
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the Premises.
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7.1. Amount. In consideration of the services to be performed by Broker, Landlord agrees to pay Brokerage Firm as follows:
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7.1.1. Lease Commission. (1) % of the gross rent under the lease, or (2) , in U.S. dollars, payable
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as follows: .
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Brokerage Firm agrees to contribute from the Lease Commission to outside brokerage firms’ commissions as follows:
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Tenant Agents: % of the gross rent or , in U.S. dollars.
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Transaction-Brokers: % of the gross rent or , in U.S. dollars.
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7.1.2. Sale Commission. If the box in § 3.5.2 is checked, Brokerage Firm will be paid a fee equal to (1)
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% of the gross purchase price or (2) , in U.S. dollars. Brokerage Firm agrees to contribute from the Sale
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Commission to outside brokerage firms’ commission as follows:
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Buyer Agents: % of the gross sales price or , in U.S. dollars.
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Transaction-Brokers: % of the gross sales price or , in U.S. dollars.
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7.1.3. Other Compensation.
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7.2. When Earned. Such commission is earned upon the occurrence of any of the following:
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7.2.1. Any Lease of the Premises within the Listing Period by Landlord, by Broker or by any other person;
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7.2.2. Broker finding a tenant who is ready, willing and able to complete the Lease or Sale as specified in this Landlord
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Listing Contract; or
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7.2.3. Any Lease (or Sale if § 3.5.2 is checked) of the Premises within calendar days after the Listing Period
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expires (Holdover Period) (1) to anyone with whom Broker negotiated and (2) whose name was submitted, in writing, to Landlord
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by Broker during the Listing Period (Submitted Prospect). Provided, however, Landlord Will Will Not owe the commission
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to Brokerage Firm under this § 7.2.3 if a commission is earned by another licensed brokerage firm acting pursuant to an exclusive
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agreement entered into during the Holdover Period and a Lease or Sale to a Submitted Prospect is consummated. If no box is checked
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in this § 7.2.3, then Landlord does not owe the commission to Brokerage Firm.
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7.3. When Applicable and Payable. The commission obligation applies to a Lease made during the Listing Period or any
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extension of such original or extended term. The commission described in § 7.1.1 is payable upon mutual execution of the Lease or
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possession, whichever occurs first, or , as
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contemplated by § 7.2.1 or § 7.2.3, or upon fulfillment of § 7.2.2 where either the offer made by such tenant is not accepted by
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Landlord or by the refusal or neglect of Landlord to consummate the Lease as agreed upon.
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7.4. Extensions/Renewals/Expansion. Broker Will Will Not be paid a fee in the event:
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Tenant exercises an option to Extend or Renew under the lease;
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Tenant expands into additional space within the building or complex where the Premises is located.
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If Brokerage Firm is to be paid a fee for such extension, renewal or expansion, such fee is in the amount of $ , and
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is due and payable upon the Exercise by tenant of such right to extend or renew the Lease or upon the exercise by tenant to
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expand the Premises, Upon the Commencement of any such extended, renewed or expansion term of the Lease, or
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.
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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 4 of 8
8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in § 7, will
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accept compensation from any other person or entity in connection with the Premises without the written consent of Landlord.
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Additionally, neither Broker nor Brokerage Firm is permitted to assess or receive mark-ups or other compensation for services
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performed by any third party or affiliated business entity unless Landlord signs a separate written consent for such services.
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9. OTHER BROKERS’ ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Landlord has been
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advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and the use of multiple
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listing services (MLS) and various methods of making the Premises accessible by other brokerage firms (e.g., using lock boxes, by-
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appointment-only showings, etc.) and whether some methods may limit the ability of another broker to show the Premises. After
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having been so advised, Landlord has chosen the following:
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9.1. MLS/Information Exchange.
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9.1.1. The Premises Will Will Not be submitted to one or more MLS and Will Will Not be submitted
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to one or more property information exchanges. If submitted, Landlord authorizes Broker to provide timely notice of any status
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change to such MLS and information exchanges. Upon consummation of a transaction, Landlord authorizes Broker to provide lease
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information to such MLS and information exchanges.
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9.1.2. Landlord authorizes the use of electronic and all other marketing methods except: .
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9.1.3. Landlord further authorizes use of the data by MLS and property information exchanges, if any.
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9.1.4. The Premises Address Will Will Not be displayed on the Internet.
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9.1.5. The Premises Listing Will Will Not be displayed on the Internet.
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9.2. Property Access. Access to
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9.2.1. Broker may access the Premises by:
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Electronic Lock Box Manual Lock Box
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Other instructions:
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9.2.2. Other than Broker, Landlord further authorizes the following persons to access the Premises using the method
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described in § 9.2.1.
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Actively Licensed Real Estate Brokers Licensed Appraisers
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Unlicensed Broker Assistants Unlicensed Inspectors
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Other:
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9.3. Broker Marketing.
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9.3.1. The following specific marketing tasks will be performed by Broker:
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9.3.2. Landlord authorizes videos and pictures of both the interior and exterior of the Premises except:
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9.4. Marketing Termination. Broker and Brokerage Firm may discontinue using any marketing materials if, in Brokerage
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Firm’s sole discretion, Broker or Brokerage Firm receives a credible threat of litigation or a complaint regarding the use of such
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marketing material. Upon expiration of the Listing Period and request from Seller, Broker will use reasonable efforts to remove
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information submitted to the MLS and/or information exchanges. Seller understands that information submitted to either the MLS
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or information exchanges may be difficult, if not impossible, to remove from syndicators and the Internet and releases Broker from
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any liability for Broker’s inability to remove the information.
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10. LANDLORD’S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT.
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10.1. Negotiations and Communication. Landlord agrees to conduct all negotiations for the Lease of the Premises only
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through Broker, and to refer to Broker all communications received in any form from real estate brokers, prospective tenants, buyers,
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or any other source during the Listing Period of this Landlord Listing Contract.
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10.2. Advertising. Landlord agrees that any advertising of the Premises by Landlord (e.g., Internet, print and signage) must
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first be approved by Broker.
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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 5 of 8
10.3. No Existing Listing Agreement. Landlord represents that Landlord Is Is Not currently a party to any listing
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agreement with any other broker to Lease Premises. Landlord further represents that Landlord Has Has Not received a list
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of “Submitted Prospects” pursuant to a previous listing agreement to Lease the Premises with any other broker.
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10.4. Ownership of Materials and Consent. Landlord represents that all materials (including all photographs, renderings,
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images, videos or other creative items) supplied to Broker by or on behalf of Landlord are owned by Landlord, except as Landlord
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has disclosed in writing to Broker. Landlord is authorized to and grants to Broker, Brokerage Firm and any MLS (that Broker submits
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the Premises to) a nonexclusive irrevocable, royalty-free license to use such material for marketing of the Premises, reporting as
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required and the publishing, display and reproduction of such material, compilation and data. This license survives the termination
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of this Landlord Listing Contract. Unless agreed to otherwise, all materials provided by Broker (photographs, renderings, images,
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videos, or other creative items) may not be used by Landlord for any reason.
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10.5. Required Information to County Assessor. Landlord consents that Broker may supply certain information to the
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county assessor if the Premises is residential and is furnished.
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11. RENTAL RATE AND TERMS. The following Rental Rate and Terms are acceptable to Landlord:
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11.1. Rental Rate. U.S. $
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11.2. Minimum Amount of Security Deposit. U.S. $ .
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11.3. Other Terms.
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12. DEPOSITS. Brokerage Firm is authorized to accept security deposits received by Broker pursuant to a proposed Lease.
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Brokerage Firm is authorized to deliver the security deposit to the Premises manager, if any, upon the execution of the Lease.
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13. INCLUSIONS AND EXCLUSIONS.
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13.1. Inclusions.
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13.1.1. The Lease includes the following items (Inclusions):
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The Inclusions will be leased by Landlord to tenant, all in their present condition.
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13.1.2. Parking and Storage Facilities. The following parking facilities: ,
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and the following storage facilities: .
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13.2. Exclusions. The following are excluded (Exclusions):
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14. TITLE AND ENCUMBRANCES. Landlord represents to Broker that Landlord has the right and authority to enter into a
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Lease of the Premises. Landlord must deliver to Broker true copies of all relevant title materials, leases, improvement location
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certificates and surveys in Landlord’s possession and must disclose to Broker all easements, liens and other encumbrances, if any,
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on the Premises, of which Landlord has knowledge.
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15. POSSESSION. Possession of the Premises will be delivered to tenant as follows: .
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16. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
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16.1. Broker’s Obligations. Colorado law requires a broker to disclose to any prospective tenant all adverse material facts
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actually known by such broker including but not limited to adverse material facts pertaining to the title to the Premises and the physical
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condition of the Premises, any material defects in the Premises, and any environmental hazards affecting the Premises which are
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required by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions, violations of
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health, zoning or building laws, and nonconforming uses and zoning variances. Landlord agrees that any tenant may have the Premises
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and Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Premises.
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16.2. Landlord’s Obligations.
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16.2.1. Landlord’s Premises Disclosure Form. Disclosure of known material latent (not obvious) defects is required
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by law. Landlord Agrees Does Not Agree to provide a written disclosure of adverse matters regarding the Premises completed
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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 6 of 8
to Landlord’s current, actual knowledge. Colorado law may require Landlord to disclose certain facts regardless of whether Landlord
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provides a written disclosure.
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16.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Premises include one or more residential
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dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based Paint Disclosure (Rental) form
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must be signed by Landlord and the real estate licensees, and given to any potential tenant in a timely manner.
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16.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Premises have a fuel-fired heater or appliance, a
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fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (Bedroom), Landlord understands that
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Colorado law requires that Landlord assure the Premises has an operational carbon monoxide alarm installed within fifteen feet of
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the entrance to each Bedroom or in a location as required by the applicable building code, prior to offering the Premises for lease or
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sale.
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16.2.4. Condition of Premises. The Premises will be delivered in the condition existing as of the date of the lease or
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sales contract, ordinary wear and tear excepted, unless Landlord, at Landlord’s sole option, agrees in writing to any repairs or other
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work to be performed by Landlord.
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17. RIGHT OF PARTIES TO CANCEL.
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17.1. Right of Landlord to Cancel. In the event Broker defaults under this Landlord Listing Contract, Landlord has the right
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to cancel this Landlord Listing Contract, including all rights of Brokerage Firm to any compensation if the Landlord Agency box is
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checked. Examples of a Broker default include, but are not limited to (1) abandonment of Landlord, (2) failure to fulfill all material
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obligations of Broker and (3) failure to fulfill all material Uniform Duties (§ 5) or, if the Landlord Agency box at the top of page 1
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is checked, the failure to fulfill all material Additional Duties Of Landlord’s Agent (§ 6). Any rights of Landlord that accrued prior
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to cancellation will survive such cancellation.
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17.2. Right of Broker to Cancel. Brokerage Firm may cancel this Landlord Listing Contract upon written notice to Landlord
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that title is not satisfactory to Brokerage Firm. Although Broker has no obligation to investigate or inspect the Premises, and no duty
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to verify statements made, Brokerage Firm has the right to cancel this Landlord Listing Contract if any of the following are
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unsatisfactory (1) the physical condition of the Premises or Inclusions, (2) any proposed or existing transportation project, road,
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street or highway, (3) any other activity, odor or noise (whether on or off the Premises) and its effect or expected effect on the
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Premises or its occupants, or (4) any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the
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Premises. Additionally, Brokerage Firm has the right to cancel this Landlord Listing Contract if Landlord or occupant of the Premises
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fails to reasonably cooperate with Broker or Landlord defaults under this Landlord Listing Contract. Any rights of Brokerage Firm
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that accrued prior to cancellation will survive such cancellation.
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18. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm must bear all
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expenses incurred by Brokerage Firm, if any, to market the Premises and to compensate cooperating brokerage firms, if any. Neither
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Broker nor Brokerage Firm will obtain or order any other products or services unless Landlord agrees in writing to pay for them
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promptly when due (examples: space planning, drawings, surveys, radon tests, soil tests, title reports, engineering studies, property
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inspections). Unless otherwise agreed, neither Broker nor Brokerage Firm is obligated to advance funds for Landlord. Landlord must
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reimburse Brokerage Firm for payments made by Brokerage Firm for such products or services authorized by Landlord.
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19. DISCLOSURE OF SETTLEMENT COSTS. Landlord acknowledges that costs, quality, and extent of service vary between
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different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
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20. WIRE AND OTHER FRAUDS. Wire and other frauds occur in real estate transactions. Any time Landlord is supplying
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confidential information such as social security numbers or bank account numbers, Landlord should provide the information in person or in another
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secure manner.
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21. MAINTENANCE OF THE PREMISES. Neither Broker nor Brokerage Firm is responsible for maintenance of the Premises
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nor are they liable for damage of any kind occurring to the Premises, unless such damage is caused by their negligence or intentional
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misconduct.
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22. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective tenant because of their
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inclusion in a “protected class” as defined by federal, state or local law. “Protected classes” include, but are not limited to, race,
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creed, color, sex, sexual orientation, gender identity, marital status, familial status, physical or mental disability, handicap, religion,
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national origin, or ancestry of such person. Landlord authorizes Broker to withhold any supplemental information about the
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prospective tenant if such information would disclose a tenant’s protected class(es). However, any financial, employment or credit
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worthiness information about the tenant received by the Broker will be submitted to the Landlord.
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23. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Landlord acknowledges that Broker
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has advised that this document has important legal consequences and has recommended consultation with legal and tax or other
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counsel before signing this Landlord Listing Contract.
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24. MEDIATION. If a dispute arises relating to this Landlord Listing Contract, prior to or after possession of the Premises, and is
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not resolved, the parties must first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties
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meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding
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decisions. The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an
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acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, will terminate in
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the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by
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one party to the other at the other party’s last known address.
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25. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Landlord Listing Contract, the arbitrator or
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court must award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
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26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
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Commission.)
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27. ATTACHMENTS. The following are a part of this Landlord Listing Contract:
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28. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Landlord Listing Contract is deemed to inure to
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the benefit of any person other than Landlord, Broker and Brokerage Firm.
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29. NOTICE, DELIVERY AND CHOICE OF LAW.
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29.1. Physical Delivery and Notice. Any document or notice to Brokerage Firm or Landlord must be in writing, except as
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provided in § 29.2 and is effective when physically received by such party, or any individual named in this Landlord Listing Contract
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to receive documents or notices for such party.
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29.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Brokerage
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Firm or Landlord, or any individual named in this Landlord Listing Contract to receive documents or notices for such party at the
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electronic address of the recipient by facsimile, email or ______________________________________.
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29.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address
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of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the
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documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient.
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29.4. Choice of Law. This Landlord Listing Contract and all disputes arising hereunder are governed by and construed in
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accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado
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for real property located in Colorado.
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30. MODIFICATION OF THIS LANDLORD LISTING CONTRACT. No subsequent modification of any of the terms of this
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Landlord Listing Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties.
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31. COUNTERPARTS. This Landlord Listing Contract may be executed by each of the parties, separately, and when so executed
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by all the parties, such copies taken together are deemed to be a full and complete contract between the parties.
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32. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior agreements,
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whether oral or written, have been merged and integrated into this Landlord Listing Contract.
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33. COPY OF CONTRACT. Landlord acknowledges receipt of a copy of this Landlord Listing Contract signed by Broker,
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including all attachments.
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No. LC57-6-19. EXCLUSIVE RIGHT-TO-LEASE LISTING CONTRACT Page 8 of 8
Brokerage Firm authorizes Broker to execute this Landlord Listing Contract on behalf of Brokerage Firm.
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Landlord: Brokerage Firm:
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_______________________________________________ ________________________________________________
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Landlord’s Signature Date Broker’s Signature Date
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_______________________________________________ ________________________________________________
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Street Address Brokerage Firm Street Address
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_______________________________________________ ________________________________________________
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City, State, Zip Brokerage Firm City, State, Zip
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_______________________________________________ ________________________________________________
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Phone No. Broker Phone No.
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_______________________________________________ ________________________________________________
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Fax No. Broker Fax No.
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_______________________________________________ ________________________________________________
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Email Address Broker Email Address
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_______________________________________________
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Landlord’s Signature Date
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_______________________________________________
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Street Address
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_______________________________________________
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City, State, Zip
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_______________________________________________
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Phone No.
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_______________________________________________
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Fax No.
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_______________________________________________
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Email Address
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Form LC57-6-19 exclusive right-to-lease listing contract

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Completed 14 January 2020

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