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Form Simplicity
<br />7/3/19, 2:38 PM
<br />272 (b) Buyer Default: If Buyer fails, neglects, or refuses to perform Buyer's obligations under this contract,
<br />273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the
<br />274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages,
<br />275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer
<br />276 will be relieved from all further obligations under this contract; or Seller, at Seller's option, may proceed in
<br />277 equity to enforce Seller's rights under this contract.
<br />278 16. Attorney's Fees; Costs: In any litigation permitted by this Contract, the prevailing party shall be entitled to
<br />279 recover from the non -prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting
<br />280 the litigation. This Paragraph 16 shall survive Closing or termination of this Contract.
<br />281 17. Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively
<br />282 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them
<br />283 upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing
<br />284 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and
<br />285 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any
<br />286 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful
<br />287 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay
<br />288 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the
<br />289 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
<br />290 18. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations
<br />291 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting
<br />292 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor
<br />293 reporting requirements, the effect of property lying partially or totally seaward of the CCCL, etc.) and for tax,
<br />294 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside
<br />295 in the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller
<br />296 representations or public records. Buyer agrees to rely solely on Seller, professional inspectors, and
<br />297 government agencies for verification of the Property condition and facts that materially affect Property
<br />298 value. Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all
<br />299 levels, incurred by Broker and Broker's officers, directors, agents, and employees in connection with or arising
<br />300 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold
<br />301 harmless and release Broker and Broker's officers, directors, agents, and employees from all liability for loss or
<br />302 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (ii) the use or
<br />303 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video
<br />304 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's
<br />305 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475,
<br />306 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv)
<br />307 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each
<br />308 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve
<br />309 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract.
<br />310 This Paragraph will survive closing.
<br />311 19. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
<br />312 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales
<br />313 Commission Lien Act provides that when a broker has earned a commission by performing licensed services
<br />314 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the
<br />315 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned.
<br />316 20. Brokers: The brokers named below are collectively referred to as "Broker." Instruction to closing agent:
<br />317 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in
<br />318 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the
<br />319 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any
<br />320 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker.
<br />321- (a) NONE (Seller's Broker)
<br />322 will be compensated by ❑Seller ❑ Buyer ❑ both parties pursuant to ❑a listing agreement ❑other
<br />323- (specify):
<br />324- (b) The Triece Company (Buyer's Broker)
<br />325- will be compensated by ❑Seller O Buyer ❑ both parties ❑ Seller's Broker pursuant to ❑ a MLS offer of
<br />326• compensation rx-1 other (specify): Agreement for Real Estate Broker Services
<br />Buyer (' ) O and Seller ) O acknowledge receipt of a copy of this page, which is 6 of 7 pages.
<br />VAC -11 R 6/17 02017 Florida Realtors
<br />Serial#: 015649-200156-2179010
<br />.,:.,.Form
<br />Simplicity
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