Blue Heron Yachts and Charters located in Bellingham Washington.
BLUE HERON INTERNATIONAL YACHT SALES
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Blue Heron International, LLC, hereafter referred to as BROKER, and the undersigned OWNER of the vessel identified herein, hereby mutually agree as follows:
On This Date
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MM/DD/YEAR
Your Name
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First
Last
(hereafter referred to as OWNER) grants Blue Heron Yacht Sales (hereafter referred to as BROKER) the exclusive right to sell
Boat Make/Model/Year/Name
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(hereafter referred to as VESSEL) and its equipment for the listing price or such other price as may be accepted by the OWNER. The equipment to be included with the sale of the vessel is set forth in the attached specification sheet. VESSEL shall be listed for a total asking price of
$
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USD
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and shall not be advertised at any other price unless OWNER notifies BROKER of a price change.
The OWNER hereby grants the EXCLUSIVE RIGHT OF SALE to the BROKER, and agrees not to list the VESSEL for sale with any other party. The OWNER further agrees:
i) And warrants having good title and lawful right to convey such title to VESSEL.
ii) To furnish BROKER with
specifications
, an inventory of equipment to be included in the sale, a copy of VESSEL’s Registration and/or Documentation, and a copy of current VESSEL insurance.
iii) To notify all prospective purchasers or brokers who contact the OWNER directly that negotiations must be conducted through BROKER.
iv) To allow BROKER to place a “For Sale” sign on the VESSEL, and NOT to place any other “For Sale” sign on the VESSEL.
v) To allow BROKER to board VESSEL with prospective buyers for the purpose of showing the VESSEL.
vi) To pay broker a commission of 10% or $4500.00 whichever is greater
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10% or $4,500.00
of the selling price if the VESSEL is in any way sold, donated, traded, leased, or chartered (for more than one month) during the term of this agreement, including any such transfer by OWNER. The commission shall be based on the contract price accepted by the OWNER prior to any adjustments made to compensate a buyer for defects or discrepancies revealed subsequent to OWNER’s acceptance of an offer.
vii) If the OWNER enters into any agreement for the sale, donation, trade, lease, or charter within one year of the termination of this agreement, the OWNER shall supply the name of the acquiring party to the BROKER. If the BROKER does not, within fourteen days of receiving such notice, claim his commission because the acquiring party was introduced to the VESSEL as a result of BROKER’s efforts, the BROKER’s right to a commission shall cease.
3. The BROKER agrees: To seek prospective purchasers for the VESSEL through direct promotion of the VESSEL.
i) To prepare information describing the VESSEL and to distribute said information through its multiple listing system to select yacht brokerage companies, hereafter referred to as “CORRESPONDING BROKERS”.
ii) To keep CORRESPONDING BROKERS informed as to the price, location and availability of the VESSEL.
iii) To pay any CORRESPONDING BROKER who sells the VESSEL a percentage of the commission received from the OWNER.
iv) To promptly transmit ALL offers to the OWNER.
v) To waive any claim to a commission should the VESSEL become obliged to pay a commission to another broker with whom the VESSEL is listed subsequent to legitimate cancellation of this agreement.
4. Responsibility for the care, custody and control of the VESSEL remains entirely with the OWNER. Although the BROKER may recommend storage, maintenance and other providers of service, the final decision to employ such measures remains with the OWNER. The BROKER shall not be held responsible for any damages suffered by the OWNER as a result of employing such services.
5. This agreement shall remain in effect for a minimum of 120 days, and may be cancelled by the OWNER with written notice, including notice by e-mail. Broker will have a 20 day period following the written notice to follow up and finish developing any prospective buyers the broker had garnered.
6. In the event legal action is necessary to enforce this agreement, the prevailing party is entitled to reasonable attorney fees and court costs, together with twelve percent (12%) interest per annum, or any damage sustained by the prevailing party. This agreement shall be governed by the laws of the State of Washington. The venue for any suit shall be Whatcom County.
IN WITNESS WHEREOF, both parties have hereto placed their signature on this agreement.
Phone:
360-544-9940
Fax:
360-544-9941
E-mail:
blueheronys@gmail.com
Address:
718 Coho Way
Bellingham, WA 98225
Date: ____/____/_______
J.R. Johnson
BROKER Electronic Signature
Boat Location: ________________________________
Access: ______________________________________
HIN #: ________________________________________
Documentation #: ______________________________
State Registration #: ____________________________
Typing your name in the box will be your electronic signature
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Boat Specs Form