MLV-Ingles

CONTRACT FOR THE RENDERING OF EXCLUSIVE REAL ESTATE SERVICES; AS WELL AS TO PROMOTE REAL ESTATE THROUGH THE LOCAL MULTIPLE LISTING SERVICE: MULTI-LIST VALLARTA. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT FOR THE PARTIES, TO BE USED ONLY BY THE ACTIVE MULTI-LIST VALLARTA MEMBERS; PLEASE, READ IT CAREFULLY. THE SPANISH VERSION WILL PREVAIL IN CASE OF CONTROVERSY. 1. EXCLUSIVE CONTRACT TO PROMOTE THE SALE OF THE REAL ESTATE HEREINAFTER SPECIFIED, entered between:_________________________________,hereinafter referred to as “THE SELLER” and:_______________________________, hereinafter referred to as “THE BROKER”, whom state to have the legal and economic capacity that are necessary to enter into the present contract.

“THE SELLER” hereby grants “THE BROKER” the exclusive and irrevocable right commencing on____________________,of________ and expiring at midnight on_______________________,of__________,to promote the sale or exchange of the property situated in the City of __________________________, Mexico, described as follows: PROPERTY:_____________________________FRACC:_________________STREET:____________________ ____________LOT#___________BEDROOMS:___________BATHS:_____________VIEWS:_______________ PARKING:______________AGE:_______FURNISHED:_______________AREASLAND(M2):________________ CONSTRUCTION(M2):__________PRICE:___________________________USDOLLARS FINANCING:_______MAINTENANCE FEE:_______ PROPERTY DESCRIPTION:

2. TERMS OF SALE: The asking price in which the property will be promoted for sale shall be $_______________US.DOLLARS(_______________________________________________________________ ______DOLLARS) or its equivalent in Mexican currency at the “SELL” exchange rate on the date of payment; the down payment or the full price, whichever case applies, will be paid upon transferring the corresponding title, as follows: CASH:______________ FINANCING:___________ In the event of sale, the following items will remain in the subject property:______________________ Or the items listed in the attached inventory:______________________________ or the following personal items will be removed:_____________________________________________________________ 3. MULTIPLE LISTING SERVICE (“MULTI-LIST” VALLARTA): “THE BROKER” declares to be an active member of the Puerto Vallarta chapter of the Professional Association of Mexican Realtors (“AMPI” – Seccion Vallarta) and the local Multiple Listing Service: Multi-List Vallarta; for said reason, “THE SELLER” hereby authorizes “THE BROKER” to publish and distribute the information herein contained among its active members or in promotional material. “THE BROKER” is hereby authorized to appoint sub-agents under his(her) exclusive responsibility and to report the sale of the property either/or the pertaining information for the use of the authorized members of Multi-List Vallarta.

4. REAL ESTATE FEES: For the services of mediation, promotion and real estate advice to be rendered by “THE BROKER”, in order to attempt the sale of the property, “THE SELLER” hereby accepts to pay “THE BROKER” the following fees: (a)8% eight percent of the total selling price, plus I.V.A., (Mexican Added Value Tax) if the property is sold during the term hereof, or any extension of said on the terms herein set forth; or any other price and terms that “THE SELLER” may accept in the corresponding Preliminary Offer to Purchase Contract. Said real estate fee will be paid at the moment of formalizing the corresponding transaction. (b)or else, 8% eight percent of the asking price shown in the paragraph 2 above, if during the term of effect of this contract or any extension of said in the terms of the present, said property is withdrawn from the market, transferred, conveyed, leased, or rented without the consent of “THE BROKER”; or made unmarketable by voluntary acts of “THE SELLER”. The fees will become due and collectable at the moment that any of these events happen. (c) The real estate fee provided for in subparagraph (a) if the property is sold, conveyed or otherwise transferred within 180 calendar days after the termination of this authorization or any extension thereof made in writing between the parties, to any individual or legal entity to whom “THE BROKER” or his(her) sub-agents have shown the property during the term of the present agreement or any extension of same; and/or with whom “THE BROKER” has had negotiations prior to the termination date of the present agreement; provided that “THE SELLER” has received notice in writing by “THE BROKER” , including the names of the prospective purchasers, before or upon termination of this agreement or any extension hereof that may be entered. Said real estate fee will become due and payable at the moment of formalizing the corresponding transaction. (d)“THE SELLER” hereby authorizes “THE BROKER” under the sole responsibility of said Broker to cooperate with other Brokers, to appoint subagents, and to divide with other Brokers such real estate fees in any manner acceptable to said Brokers and in compliance with the Multi-List Vallarta and A.M.P.I. – Section Vallarta Rules and Regulations. (e) In the event of a trade or exchange, “THE SELLER” is in agreement that “THE BROKER” represents both parties and collects real estate fees from both owners upon formalizing the trade or exchange, provided that there is full disclosure to all parties of such Broker mediation. In which case, “THE BROKER” is also authorized to divide with other Brokers such real estate fees in any manner acceptable to the other Brokers. (f) If requested by “THE BROKER”, “THE SELLER” is bound to provide written authorization to “THE BROKER” so

his(her) real estate fee is paid from the initial deposit. (g) In the event that a Preliminary Purchase Contract with earnest money deposit is entered between “THE SELLER” and a prospective purchaser, and that due to causes imputable to the prospective purchaser the definitive transaction does not take place; the BROKER” will be entitled to collect half of said deposit as payment of expenses and real estate fees, without exceeding 50% fifty percent of the real estate fees stipulated in the subparagraph (a) plus the corresponding I.V.A. Said fees will be collected when the deposit is released to “THE SELLER”.

5. EARNEST MONEY OR GOOD FAITH DEPOSIT: “THE SELLER” hereby authorizes “THE BROKER” to accept and hold on “THE SELLER” behalf any earnest money or good faith deposit rendered by a prospective purchaser; notwithstanding, said earnest money or good faith deposit shall be held in a Conditional Deposit Account with a Trustee Institution or an Escrow account with a Title Insurance Company; and under no circumstances in “THE BROKER”s company or personal account; unless a written agreement to the contrary is entered by the parties herein.

6. SIGNAGE & MARKETING: “THE SELLER” hereby authorizes “THE BROKER” to install a FOR SALE /SE VENDE sign on the property in compliance with the regulations in effect and to include property in any printed advertising that ”THE BROKER” deems necessary.

7. CAPITAL GAINS TAX AND SELLING EXPENSES: “The SELLER” hereby acknowledges by means of his initials placed in the paragraph hereinafter, that he(she) has been informed by “THE BROKER” of the selling expenses that he(she) agrees to pay prior or at closing of the sale, whichever case applies, including but not limited to: Capital Gains Tax:________________Employeesʼ severance pay:______________ Bank Trust Fees and Notice to SECOFI:_________________ 8. DISCLOSURE OF ENCUMBRANCES, CONTRACTS, LEGAL ACTIONS, HIDDEN PROBLEMS OR DEFECTS: “THE SELLER” hereby states under oath, which he(she) ratifies by placing his(her) initials, that the property is free of contracts, legal actions or legal impediments that prevent or may jeopardize the sale of the subject property:___________ ; that said property does not have any hidden defects o problems that affect or may affect the condition of said:___________; that said property is free of any tenants or occupants:__________; that the property is free of any Liens or Encumbrances:___________; and, that he(she) has not entered any other real estate and/or marketing contract regarding the subject property that is presently in effect:___________; and, that the property has the following services:__________ . “THE SELLER” hereby releases “THE BROKER” from any responsibility or liability regarding claims, disputes, litigation and/or controversy that may arise as a result of omissions or incorrect information provided by “THE SELLER”; as well as regarding any hidden defect or problem known to “THE SELLER”, which “THE SELLER” fails to disclose.

9. In consideration to the above, “THE BROKER” agrees to use diligence and professionalism in procuring a purchaser.

10.ADDITIONAL CONDITIONS:

11. ENTIRE AGREEMENT: “THE SELLER” hereby warranties that he/she has the necessary legal faculties to promote the sale of the subject real estate as well as to transfer the title to said; for said reason, he(she) is delivering herein to “THE BROKER” a copy of the corresponding Public Deed# ______________________, as well as the General Power of Attorney or Administration and Ownership Acts (if it applies)___________________.

“THE SELLER” and “THE BROKER” also state that this contract represents the entire and sole declaration of its terms and conditions and that no other external evidence could be introduced in the event of legal or arbitration procedures as additional conditions to this contract; unless the parties herein expressly and as such, include additional clauses to said.

12. FACSIMILE OR FAX COMMUNICATIONS: Fax communications among the parties herein will be considered as written documents provided that those contain the number, date, name and signature of the remitter.

Notwithstanding, the contracts shall be provided to the parties herein with original signature before two witnesses within a maximum term of 15 fifteen calendar days from the date that these were entered via fax.

13.JURISDICTION: For the interpretation or execution of the present agreement, the parties herein agree to expressly submit themselves to the Jurisdiction and Competence of the Courts and Tribunals of the City of:____________________________,Mexico.

The parties herein acknowledge that they have read and understood this contract and have received a copy of same and that they are aware of the legal extent and legal consequences of said.

Dated:_____________ of:_________ in the City of Puerto Vallarta, Jalisco, Mexico.

“THESELLER”:_____________________________________________SIGNATURE:_______________________ ADDRESS : ______________________________________________PHONE:____________________________ “THE BROKER”:___________________________________________SIGNATURE:_______________________ ADDRESS:________________________________________________PHONE:______________________

WITNESS : _______________________________________________WITNESS:_________________________