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Lessee Representation Agreement

  1. EXCLUSIVE RIGHT TO REPRESENT: {user:first_name} {user:last_name} (“Lessee”) grants Rent Ruby (“Broker”) the exclusive and irrevocable right, on the terms specified in this Agreement, to represent Lessee to locate real property to lease (“Property”) that is acceptable to Lessee. Broker will perform its obligations under this Agreement through the individual signing for Broker below, who is either Broker individually or an associate-licensee (an individual licensed as a real estate salesperson or broker who works under Broker’s real estate license).
  2. TERM OF AUTHORIZATION: This authorization is in effect from {date_mdy} until completion of a resulting transaction.
  3. GEOGRAPHICAL AREA: This authorization is limited to properties located in California.
  4. BROKER’S DUTIES: Broker will
    1. Attempt to locate the Property.
    2. Negotiate on Lessee’s behalf, terms and conditions agreeable to Lessee.
    3. Assist Lessee in the lease of the Property.
    4. Not disclose any personal or financial information about Lessee without Lessee’s permission.
  5. LESSEE’S DUTIES: Lessee will
    1. Inform Broker of all past and current contacts with any real property of interest to Lessee and provide appropriate contact information of owners or agents of such property.
    2. Cooperate with Broker and be reasonably available to examine real property available for lease that is potentially acceptable to Lessee.
    3. Upon request, provide Broker financial and personal information required to qualify for the lease of real property.
    4. Guarantee to have not signed any exclusive representation authorizations or agreement with any other broker or brokerage firm covering the same geographical area stated in this Authorization.
    5. Acknowledge that Broker is not responsible for nor guarantees the condition of the Property. Broker is not responsible for verifying the square footage or anything else that accompanies the Property.
    6. Authorizes Broker to share and disclose information about Lessee with other agents who represent real property available for lease.
  6. FEES: Required compensation upon completion of any resulting transaction is payable by landlord in a fee equal to 3% of the entire lease amount for the term of the lease. If landlord doesn’t offer a commission referral to broker, or if transaction is disrupted during the transaction by default of Lessee, Lessee agrees to pay broker an amount equal to Five Hundred Dollars ($500).
    1. If compensation is provided to Broker from anyone other than Lessee for services covered by this Agreement, that amount shall be credited toward Lessee’s obligation to pay compensation. The landlord or listing agency will typically pay for most, if not all, of the compensation as a referral.
  7. DISPUTE RESOLUTION:
    1. MEDIATION: Lessee and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney’s fees, even if they would otherwise be available to that party in any such action.
    2. ARBITRATION: Lessee and Broker agree that any dispute or claim in Law or equity arising between them regarding the obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least five years of residential real estate law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III, of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act.