Builder/Developer Commissions Indemnity Agreement

Indemnity Agreement for
Pre-Construction Sales
To: Right At Home Realty, Inc. (“RAH”)
From: Salesperson/Broker (the “Agent”) ____________________________________________
Re: Trade Record number _____________________________ (the “Sale”) with
Developer (the “Developer”) _________________________________________________
*********************************************************************************************
Whereas the Developer has paid to RAH all or a portion of the commission to which the Agent is entitled to upon
successful completion of the Sale;
And Whereas RAH has in turn paid to the Agent all or a portion of the commission to which the Agent is entitled to
upon successful completion of the Sale;
And Whereas if the Sale is not completed the Developer will demand a refund of the commission paid to RAH;
And Whereas the Agent has agreed to repay upon demand by RAH any and all commission paid by the Developer to
RAH in respect of which the Developer demands repayment consequent upon the failure of completion of the Sale.
In consideration of the payment by RAH to the Agent of all or any portion of the commission prior to completion of
the Sale, if the Developer demands the repayment by RAH of all or any portion of the commission paid by the
Developer to RAH, the Agent shall, forthwith after demand by RAH refund to RAH the quantum of commission
demanded by the Developer. The Agent shall have no right to set off its obligation herein against any other
obligation that RAH has to the Agent in respect of any other matter or thing whatsoever. RAH shall, at any time
prior to the payment of the sum demanded by RAH hereunder, have the right to set off against any other amount
payable by RAH to the Agent in respect of any matter or thing whatsoever the quantum of commission demanded by
RAH hereunder.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the
undersigned hereby attorn to the jurisdiction of the Courts of the Province of Ontario. This Indemnity shall bind the
undersigned and their respective successors and assigns. This Agreement may be executed and delivered in
counterparts by any electronic means whatsoever and said delivery shall be of the same force and effect as the
delivery of original signatures.
Note: Please be advised that this Agreement is valid only if the Agent is registered with RAH at the time that RAH
receives any portion of the commission from the Developer before closing, and is free of income encumbrances. In
the event that the Agent is not registered with RAH or is not in good credit standing, in the situation as described
above, the Agent will only be paid upon successful completion of the Sale.
Dated as of ________________________________ , 2015.
Right At Home Realty, Inc.
Per:_____________________________
Title_____________________________ Witness_________________________
Salesperson/Broker
Per:_____________________________ Witness__________________________