AGREEMENT TO MANAGE AND LEASE REAL ESTATE SAMPLE
(This is a legally binding contract. If you do not understand it, seek legal advice.)
This agreement to manage and lease real estate is made and entered into as of this _______ ______________________ day of________________, _________ by and between________________________________________________________, hereinafter called the Owner
and RE/MAX Plus, 16581 Airline Hwy, Prairieville, La 70769 & 1406 S Range Ave, Denham Springs, LA 70726 ,hereinafter called the Broker.
Whereas, Owner is the owner of the property known as (Address): ______________________
_ No Home Warranty Plan
_Home Warranty Plan #
Owner hereby employs Broker exclusively to rent, lease, operate and manage said property subject to the terms and conditions of this agreement. In consideration of the management and leasing functions to be performed by Broker under this agreement, Owner agrees to pay Broker a fee or fees for services rendered at the rates hereinafter set forth. Owner recognizes Broker as agent in any negotiations relative to said property or any part thereof, which may have been initiated during the term hereof, and if consummated, shall compensate Broker in accordance with the rates hereinafter set forth. Such compensation is due and payable on demand and may be deducted by Broker from gross receipts.
Commission to Lease: _____% of first month rent OR $___________ Flat Fee.
_No Smoking Allowed
Management Fee: _____% of full monthly rent (min $100) & (begins month #1 if tenant already in place)
_ No Pets Allowed
*Pet Deposit: $_______
______ Security deposit to be held by RE/MAX PLUS in an escrow account for term of lease.
______ Security deposit to be held by OWNER (Tenant to make check payable to owner).
The term of this agreement shall commence on the _______day of_______________________, ___________and expire on
____________ , _____ . This agreement is automatically renewable, upon expiration, for annual periods unless terminated by either party giving 30-days' written notice to the other party in advance of such termination date. However, the termination of this agreement shall not affect the right of Broker to receive leasing commissions or fees which have accrued on the date specified in such notice and have not been paid.
As agent for Owner, Broker owes Owner the duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and full accounting. Broker must disclose all known material facts about the property which could affect a tenant's use or enjoyment of the property, disclose information which could have a material impact on either party's ability to fulfill their obligations under the lease agreement, respond honestly and accurately to questions concerning said property, and deal honestly and fairly with all parties.
The duties and responsibilities of Broker in connection with the management of said property are as follows:
Owner agrees to maintain a minimum balance of $___________in Broker's trust account and in the event the amount falls below
such minimum balance, Owner hereby agrees to pay such excess promptly upon the request of Broker.
Owner agrees to make available to Broker all data, records and documents pertaining to the property which Broker may require to properly exercise Broker's duties hereunder.
Owner shall complete and submit a lead-based paint disclosure if it is residential and built prior to 1978 as required by federal regulation.
Owner authorizes Broker to:
Owner agrees to hold Broker harmless from all damage suits in connection with the management of said property and from liability from injury suffered by any employee or other person whomsoever and to carry, at Owner's expense, adequate public liability insurance and to name Broker as co-insured. Broker also shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which Broker may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. If suit is brought to collect Broker's compensation or if Broker successfully defends any action brought against Broker by Owner, relating to said property, or Broker's management thereof, Owner agrees to pay all costs incurred by Broker in connection with such action, including reasonable attorney fees.
This agreement may be later amended or modified at any time by a written mutual agreement signed by Owner and Broker.
Broker will not discriminate based on race, color, creed, religion, sex, national origin, age, handicap or familial status and will comply with all federal, state and local fair housing and civil rights laws and with all equal opportunity requirements.
Broker accepts this exclusive employment and agrees to use due diligence in the exercise of the duties, authority and powers conferred upon Broker under the terms hereof.
Receipt of a copy of the contract by the owner has been acknowledged.
Owner Date Owner Date
Social Security Number or Tax Identification Number Social Security Number or Tax Identification Number
Address Phone Number
Pat Anderson Broker/Owner RE/MAX PLUS Date RE/MAX PLUS Designated Agent Date