There are several choices to use something short and simple.
Here’s the standard provision:
“NOTICES: The Seller hereby appoints the Listing Brokerage as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s Brokerage) has entered into a representation agreement with the Buyer, the Buyer hereby appoints the Buyer’s Brokerage as agent for the purpose of giving and receiving notices pursuant to this Agreement.
Amendment 1
You really only need to focus on the first two sentences, Change them. Sentence three is simply a warning. You don’t even need that.
So, include: “Delete sentences one and two in Paragraph 3 and substitute the following:
3. NOTICES: The Seller hereby appoints the Listing Brokerage or the Designated Representative as agent for the Seller for the purpose of giving and receiving notices pursuant to this Agreement. Where a Brokerage (Buyer’s Brokerage) or a Designated Representative has entered into a representation agreement with the Buyer, the Buyer hereby appoints the Buyer’s Brokerage or the Designated Representative as agent for the purpose of giving and receiving notices pursuant to this Agreement.”
Amendment 2
Add the following to the Notices provision in Paragrapth 3:
In sentence one: after Listing Brokerage “or the Designated Representative”.
In sentence two, after (Buyer’s Brokerage) “or the Designated Representative”.
Amendment 3
Add “or the Designated Representative”. after listing Brokerage in sentence one and after (Buyer’s Brokerage) in sentence two.
While sentence three deals with a warning and really there’s now one more warning, such a comment really does not need to form part of the Paragraph at all. You can just leave it out completely.
Naturally, you could fully remove and reinsert all of Paragraph 3. However, that uses up a lot of space.
So, it’s better to move over to something quite shorter. The example above all work. Your choice! Select whatever you like best.
Where do you place the change:
- Schedule A (if you are the Buyer’s agent,
- Schedule B (if you are the Seller’s agent.
Brian Madigan LL.B., Broker