想换buyer agent，请教有关条款。# Living
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想换buyer agent，请教大家有关条款。
几个月前，想买房子，去了一家open house，碰见了这个agent，之后他就开始带我们看房子。其
间也感觉到他不是太能干，提不出什么建设性建议。临到make an offer时，也担心他的
negotiation 能力，但是感觉他还是很卖力的带我们看房子，也挺辛苦的，于是希望让他能挣些
钱。虽然有些心理准备，可是negotiate过程中，真的感觉他太不能干，而且太偏向seller，几乎
就是seller agent的传声筒。从没有见过什么counter offer。最可恨的是后来竟告诉我们
seller的要价竟然高于以前希望的。终于受不了了，决定换agent。
从本版以前的讨论看到，说不能随便换，又保护条款。像不能卖前一个agent带你看过的房子，协议
过期后六个月还有效，等等。我现在就是想请教各位：
1。是不是我的协议过期了？（实际上这里有个小插曲，11/21/2010 实际上是我们递offer 的日
期，这应该是agent的失误）
2。 是不是我马上就可以找另一个agent了？
3。是不是我们不需要付任何违约金？
非常感谢！
1. TERM OF AGREEMENT. The Buyer hereby retains the Company, including
xxx (the "Buyer's Agent") as the authorized agent for the Company,
starting on the Effective Date as defined in section 15 below, and
ending at 5:00 P.M. (Mountain Time) on the 24th day of November, 2010,
or the Closing of the acquisition of a property, whichever occurs first
(the "Initial Term"), to act as the exclusive Buyer's Agent in locating
and/or negotiating for the acquisition of a property: (a) In xxx County,
xx State; or (b) Located at xxx (property address). During the Initial
Term of this Exclusive Buyer-Broker Agreement, and any extensions
thereof, the Buyer agrees not to enter into another buyer-broker
agreement with another real estate agent or brokerage.
2. BROKERAGE FEE. If, during the Initial Term, or any extension of the
Initial Term, the Buyer, or any other person acting in the Buyer's
behalf, acquires an interest in any real property as referenced in
Section 1 above, the Buyer agrees to pay to the Company a brokerage fee
in the amount of $0 or 0 % of the acquisition price of the property (the
"Brokerage Fee"). If the property acquired by the Buyer is listed with a
brokerage, the buyer agent commission ("BAC") paid to the Company by the
listing brokerage shall satisfy the Buyer's obligation for the Brokerage
Fee shown above provided that the BAC is not less than the amount shown
above. If the BAC is less than the amount shown above, Buyer will pay
the difference at Closing. If the property is not listed with a
brokerage, in the absence of a commission agreement with the owner of
the selected property, the Brokerage Fee shown above shall be paid by
the Buyer. Unless otherwise agreed to in writing by the Buyer and the
Company, the Brokerage Fee shown above shall be due and payable on: (a)
If a purchase, the date of recording of the Closing documents; (b) If a
lease, the effective date of the lease; or (c) If an option, the date
the option agreement is signed. If the transaction is prevented by
default of Buyer, the compensation shall be immediately payable to the
Company.
3. PROTECTION PERIOD. If within 0 months after the termination or
expiration of this Exclusive Buyer-Broker Agreement, Buyer or any person
acting on the Buyer's behalf, enters into an agreement to purchase,
exchange, obtain an option on, or lease any property, as referenced in
Section 1 above, located for Buyer by Buyer's Agent or the Company, or
on which Buyer's Agent negotiates in Buyer's behalf during the Initial
Term, Buyer agrees to pay to the Company the Brokerage Fee referenced in
Section 2.
几个月前，想买房子，去了一家open house，碰见了这个agent，之后他就开始带我们看房子。其
间也感觉到他不是太能干，提不出什么建设性建议。临到make an offer时，也担心他的
negotiation 能力，但是感觉他还是很卖力的带我们看房子，也挺辛苦的，于是希望让他能挣些
钱。虽然有些心理准备，可是negotiate过程中，真的感觉他太不能干，而且太偏向seller，几乎
就是seller agent的传声筒。从没有见过什么counter offer。最可恨的是后来竟告诉我们
seller的要价竟然高于以前希望的。终于受不了了，决定换agent。
从本版以前的讨论看到，说不能随便换，又保护条款。像不能卖前一个agent带你看过的房子，协议
过期后六个月还有效，等等。我现在就是想请教各位：
1。是不是我的协议过期了？（实际上这里有个小插曲，11/21/2010 实际上是我们递offer 的日
期，这应该是agent的失误）
2。 是不是我马上就可以找另一个agent了？
3。是不是我们不需要付任何违约金？
非常感谢！
1. TERM OF AGREEMENT. The Buyer hereby retains the Company, including
xxx (the "Buyer's Agent") as the authorized agent for the Company,
starting on the Effective Date as defined in section 15 below, and
ending at 5:00 P.M. (Mountain Time) on the 24th day of November, 2010,
or the Closing of the acquisition of a property, whichever occurs first
(the "Initial Term"), to act as the exclusive Buyer's Agent in locating
and/or negotiating for the acquisition of a property: (a) In xxx County,
xx State; or (b) Located at xxx (property address). During the Initial
Term of this Exclusive Buyer-Broker Agreement, and any extensions
thereof, the Buyer agrees not to enter into another buyer-broker
agreement with another real estate agent or brokerage.
2. BROKERAGE FEE. If, during the Initial Term, or any extension of the
Initial Term, the Buyer, or any other person acting in the Buyer's
behalf, acquires an interest in any real property as referenced in
Section 1 above, the Buyer agrees to pay to the Company a brokerage fee
in the amount of $0 or 0 % of the acquisition price of the property (the
"Brokerage Fee"). If the property acquired by the Buyer is listed with a
brokerage, the buyer agent commission ("BAC") paid to the Company by the
listing brokerage shall satisfy the Buyer's obligation for the Brokerage
Fee shown above provided that the BAC is not less than the amount shown
above. If the BAC is less than the amount shown above, Buyer will pay
the difference at Closing. If the property is not listed with a
brokerage, in the absence of a commission agreement with the owner of
the selected property, the Brokerage Fee shown above shall be paid by
the Buyer. Unless otherwise agreed to in writing by the Buyer and the
Company, the Brokerage Fee shown above shall be due and payable on: (a)
If a purchase, the date of recording of the Closing documents; (b) If a
lease, the effective date of the lease; or (c) If an option, the date
the option agreement is signed. If the transaction is prevented by
default of Buyer, the compensation shall be immediately payable to the
Company.
3. PROTECTION PERIOD. If within 0 months after the termination or
expiration of this Exclusive Buyer-Broker Agreement, Buyer or any person
acting on the Buyer's behalf, enters into an agreement to purchase,
exchange, obtain an option on, or lease any property, as referenced in
Section 1 above, located for Buyer by Buyer's Agent or the Company, or
on which Buyer's Agent negotiates in Buyer's behalf during the Initial
Term, Buyer agrees to pay to the Company the Brokerage Fee referenced in
Section 2.
