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South Dakota Contract to be Exclusive Agent or Realtor for Buyer and to Charge Fixed Rate of Commission in a Real Estate Transaction

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US-01918BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A South Dakota Contract to be an Exclusive Agent or Realtor for a Buyer and to Charge a Fixed Rate of Commission in a Real Estate Transaction is a legally binding agreement between a real estate agent (the exclusive agent or realtor) and a buyer. This contract establishes the terms and conditions under which the agent will represent the buyer in finding and purchasing a property, and outlines the fixed rate of commission that the agent will charge upon successful completion of the transaction. In South Dakota, there may be different types of contracts to be an exclusive agent or realtor for a buyer, depending on the specific services and terms agreed upon between the parties. Some common variations include: 1. Exclusive Right-to-Buy Agreement: This type of contract grants exclusive representation rights to the agent, meaning the buyer is prohibited from working with other agents during the contract period. The buyer agrees to compensate the agent with a fixed rate of commission if they purchase a property that was shown or introduced to them by the agent during the contract term. 2. Exclusive Agency Agreement: Similar to the exclusive right-to-buy agreement, this contract grants the agent exclusive representation rights. However, the buyer retains the right to find a property without the agent's assistance and is not obligated to pay a commission if they purchase a property without the agent's involvement. 3. Buyer-Broker Agreement: This type of contract establishes a fiduciary relationship between the agent and the buyer, where the agent is obligated to act in the buyer's best interests. The agent is granted exclusive representation rights during the contract period and receives a fixed rate of commission if the buyer purchases a property as a result of their efforts. In each type of South Dakota Contract to be an Exclusive Agent or Realtor for a Buyer and to Charge a Fixed Rate of Commission in a Real Estate Transaction, it is crucial to clearly specify the terms, duration, and conditions under which the commission will be earned, as well as any additional services the agent will provide. It is recommended that buyers thoroughly review the contract and seek legal counsel if needed to ensure all terms are fair and understood before entering into this agreement.

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The three main types of buyer agency agreements are exclusive buyer agency, exclusive agency, and open agency agreements. In an exclusive buyer agency agreement, the agent solely represents the buyer, while an exclusive agency agreement allows the buyer to find properties themselves but still pays the agent a commission when they help. Open agency agreements allow buyers to work with multiple agents, resulting in less commitment and control over the buying process.

An exclusive agency listing agreement is a contract where a real estate agent represents the seller but allows the seller to find a buyer independently. If the seller secures a buyer without the agent's assistance, they do not owe a commission. This type of agreement can be beneficial if you desire flexibility while still receiving professional guidance during your sale.

An exclusive buyer agreement in real estate is a contract that guarantees a specific agent will represent you as the buyer. This agreement establishes the agent's commitment to finding properties that match your needs while charging a fixed rate of commission. By signing this agreement, you benefit from dedicated support and expertise throughout your property search.

To write a simple contract agreement, start by clearly defining the parties involved and the purpose of the contract. Include specific terms, such as the duties of each party and any payment information. Finally, ensure both parties sign the agreement, creating a legally enforceable document that protects everyone's interests.

When you hold an exclusive contract with a real estate agent, you authorize them to represent you solely in a property transaction. This agreement limits your ability to work with other agents, which can enhance your focus and streamline communication. Additionally, this contract often establishes a fixed rate of commission, which can provide clarity and predictability in your budget during the buying process.

Both the buyer and the seller will incur closing costs. Remember, some fees are negotiable and some are favorable to one side, if you have a specific question you can contact us.

Clever is available to sellers nationwide. With a listing fee of $3,000 or 1%, Clever Real Estate offers some of the lowest real estate commission rates of any full service brokerage. Clever is a free service that matches you with top-rated local agents and pre-negotiates savings on your behalf.

Dual agency is illegal in eight states: Alaska, Colorado, Florida, Kansas, Maryland, Oklahoma, Texas and Vermont. The other states have different laws governing the disclosure of dual agency and the behavior of dual agents.

DUAL AGENCY DISCLOSURE A limited agent acts as agent for both buyer and seller in a transaction. An individual may act as a limited agent only with the express written consent of all parties to the transaction (SDCL 36-21A-140).

To protect your finances and ensure you are selling or buying at the best possible price, it is probably best to avoid dual agency. Buyers or sellers may be inclined to work with a dual agent because they want to obtain confidential information about the person buying or selling the home.

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South Dakota Contract to be Exclusive Agent or Realtor for Buyer and to Charge Fixed Rate of Commission in a Real Estate Transaction