Centex Homes
Broker Commission Agreement Sample

Centex Homes, a Nevada general partnership ("Seller"), shall pay to Cooperating Broker listed a commission in the amount as noted in contract. Cooperating Broker represents and warrants to Seller that Cooperating Broker is a duly licensed real estate broker under California law. The commission shall be based upon the total purchase price of the residence (excluding any options or upgrades selected by buyer). Such commission shall be deemed earned by Cooperating Broker only upon, and no commission shall be due to Cooperating Broker unless and until, the closing of the conveyance of the Residence to Buyer. In the event that Buyer fails to close escrow for any reason, no commission shall be due or paid.

The commission payable to Cooperating Broker pursuant hereto (and subject to the conditions herein) represents the only consideration to which Cooperating Broker is entitled from or on behalf of Seller relating to the purchase and sale of the Residence, and Cooperating Broker hereby acknowledges that Broker has no claim or right against Seller for any other compensation or consideration.

Cooperating Broker shall indemnify, defend and hold harmless Seller, its partners, and their respective officers, directors, partners, shareholders, affiliates, employees, agents, successors and assigns, from and against any and all claims, demands, damages, actions, causes of action, losses, judgments, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs incurred as a result of such claims or in enforcing this indemnity provision) arising from or in connection with any act, error or omission (active or passive) or willful misconduct of Cooperating Broker in connection with this Commission Agreement or the
transaction contemplated under the Purchase Agreement and Escrow Instructions by and between Seller and Buyer.

In the event of any action arising out of or in connection with this Commission Agreement, the prevailing party in such action or proceeding shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including, without limitation, taxable costs and reasonable attorneys’ fees. Cooperating Broker may not assign this Commission Agreement without the prior written consent of Seller. Any purported assignment or transfer without the prior written consent of Seller shall be null and void and of no effect. This Commission Agreement shall be governed by, interpreted under and construed in accordance with the internal laws of the State of California.

This Commission Agreement and the Cooperating Broker Policies of Seller (which are incorporated herein) contain all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understanding, oral or written, pertaining to any such matters shall be effective for any purpose. No provision of this Commission Agreement may be modified, waived, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought.

As a condition precedent to the payment of commission hereunder, Cooperating Broker shall complete and submit to Escrow Holder or Seller a completed IRS W-9 Form.


CENTEX HOMES REALTY COMPANY