Dear Cooperative Broker:
We understand that you are interested in presenting to a prospective
buyer (the “Prospective Buyer”) a property that has been listed by
Knipe Land Company and/or Knipe Land of Oregon, LLC (“Knipe Land”)
or you are interested in referring a Prospective Buyer for representation by
Knipe Land. We have set forth below our policies with respect to compensating
another broker (a “Cooperating Broker”) in those situations.
A. Commission Splits. The terms
on which we will split commissions vary from property to property, because the
terms of listing agreements vary from property to property. Please ask
the Knipe Land associate that listed the specific property in question (the “Property”)
for details. We will not split commissions with you unless you engage fully
in the total transaction process and unless you are present for each showing
or inspection involving the Prospective Buyer and at the closing of the sale
of the Property to the Prospective Buyer.
B. Referrals Fees. We will not
split commissions with a Cooperating Broker who is not properly licensed in the
state where the property is located or who is unwilling or unable to engage fully
in the total transaction process or who is not present for each showing or inspection
involving the Prospective Buyer. Nevertheless, if you register the Prospective
Buyer with us, you may be eligible for a referral fee if you otherwise comply
with the requirements set forth herein and if it is lawful to pay you a referral
fee. Our standard referral fee is 20% of the buyer's side of a commission
(i.e., the split of the commission, if any, that would have been paid to the
selling broker if the selling broker was not Knipe Land) if such commission is
received within one year from date of registration of the referral. The percentage
adjusts to 10% for commissions received after one year and 0% for commissions
received after two years. Circumstances may vary and we reserve the right
to modify this as necessary to reflect each situation.
To be eligible to receive a commission split or a referral fee from Knipe Land
(“compensation”) upon the successful closing of a sale to a Prospective
Buyer, you are required to adhere to the rules and procedures that follow. Knipe
Land may withhold compensation if any of these requirements is not satisfied.
1. In presenting the Property to a Prospective Buyer, you are required
to use our brochure with its cover, narrative, maps, and photographs. Other
information about the Property, including copies you make of our brochures or
our web site pages may not be used.
2. No direct or indirect contact with the Property owner is permitted. Any
direct or indirect contact with the owner of a Property or their employees, agents
or familiy members must be channeled through our office and communicated through
us. Keep in mind that employees, agents and family members may not be aware
the property is listed for sale. This requirement also applies to the Prospective
Buyer and any violation of this requirement by the Prospective Buyer shall be
deemed a violation by you.
3. Any offer you write for a Prospective Buyer must provide that all earnest
monies shall be placed in Knipe Land’s real estate trust accounts or held
by a licensed escrow agent.
4. A Knipe Land associate must be present at all showings and during any
and all contacts with the owner or his employees, agents, or family members. You
must provide us with sufficient advance notice of any showing so that a Knipe
Land associate can make arrangements to be present.
5. We will not split commissions with any Cooperating Broker who does not
provide us a complete and accurate copy of a current, written compensation or
representation agreement between the Cooperating Broker and the Prospective Buyer. We
reserve the right to reduce your share of any commission split by any amount
the Prospective Buyer has agreed to pay you under your compensation or representation
agreement with the Prospective Buyer.
6. You are required to compensate additional brokers out of your share
of any compensation if you involve additional brokers.
7. You must not advertise a property that is the subject of a Knipe Land
exclusive listing.
8. The Prospective Buyer must not be one who has contacted Knipe Land about
representation or who has had prior direct contact with Knipe Land concerning
any specific property prior to completion of the registration process, unless
you have a written compensation or representation agreement with the Prospective
Buyer.
9. Please note that some states do not allow out-of-state brokers to come
into that state or to inspect the property located in that state or to be involved
in negotiations related to the sale of property in that state. If such
laws are violated, it may be unlawful to pay any compensation to you. In
that event, we shall not be required to do so.
10. If a Cooperating Broker offers less favorable terms with respect to
commission splits or referral fees, we reserve the right to compensate the Cooperating
Broker under its own less favorable terms.
11. Knipe Land shall not be required to pay any compensation with respect
to a commission that has not been actually received by Knipe Land or that is
in dispute in any way. No Cooperating Party shall be entitled to receive
both a commission split and a referral fee on a single transaction.
12. No compensation shall be paid with respect to a Prospective Buyer who
has not been registered with Knipe Land and no registration shall be considered
complete until you have completed the following form, signed the same and sent
a copy to Knipe Land and until the form has been accepted in writing by the principal
broker of Knipe Land.
Registration: Please complete,
sign and return.
Property: ____________________________________________________________
Prosptective Buyer: ____________________________________________________
Address: _______________________________________________________
Registering Broker: ____________________________________________________
Authorized Signature: _________________________________ Date_______
Registration Accepted By Knipe Land __________________________ Date_______