Aircraft Listing Agreement
, whose principal place of business is (hereinafter called “Owner”), and (BROKER NAME), (BROKER ADDRESS) (hereinafter called “Broker”), hereby agree as follows:
- Owner hereby employs and appoints Broker as its sole agent to sell the aircraft described herein, and the exclusive right to list and solicit offers of purchase for a period of 90 days with extensions by mutual agreement of Owner and Broker. This Agreement shall be effective as of this date, (Month)__ , 202_. This Agreement will automatically continue with term extensions as defined above until such time as subject aircraft is sold or Aircraft Brokerage Agreement is terminated by either Owner or Broker. Termination must be in writing within thirty (30) days of expiration of this Agreement or any extensions of this Agreement.
- The Aircraft subject hereto is described as follows (the “Aircraft”):
Manufacture Year / Model Serial Number / Registration
- In the event the Aircraft is sold by Broker within the period stated above, regardless if the sale is negotiated by Broker or directly by Owner, Owner agrees and promises to pay Broker a commission of percent ( %) of the gross selling price. Commission shall be based on the total selling price of the Aircraft including the value on any trade accepted. Commission shall be paid to Broker in US dollars in immediately available funds at time of closing of the transaction wired from escrow.
- Any applicable taxes are not to be considered part of the selling price; it is expressly agreed that the Broker is not responsible or liable to any extent for any taxes involved in the sale or purchase of the Aircraft.
- Owner agrees if this Listing Agreement is terminated by Owner for any reason prior to expiration date of this Agreement and sale of the Aircraft, Owner shall reimburse Broker for reasonably incurred documented expenses directly involved in the sales and marketing of the Aircraft.
- It is further agreed Owner will pay Broker the aforementioned commission in the event of: (a) Any sale of the Aircraft during the listed period hereof; or (b) any Owner-rejected bona fide offer in the amount of $ ___ or greater; or (c) any sale of the Aircraft within ninety (90) days after termination of this Agreement to anyone with whom Broker his agent or representative of the undersigned have communicated, demonstrated and / or negotiated with during the period of this Agreement.
- The Aircraft listing price shall be US dollars ($ _____ USD).
- Owner specifically agrees Broker may work with other such brokers if warranted, and Owner promises to cooperate fully with Broker and with any broker with whom Broker works under this Exclusive Listing Agreement.
- Owner expressly and specifically agrees as follows:
(a) That Owner will allow the inspection and demonstration flight of the Aircraft, to be conducted by Owners crew, by all prospective purchasers at reasonable times and places, providing purchaser pays all expenses associated with such inspection and demonstration flight.
(b) That Broker may use pictures and descriptions of the Aircraft in advertising or other contacts with prospective purchasers.
- This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings, either written or oral, between the parties concerning the subject matter of this Agreement. Further, this Agreement shall not be modified or amended except by written instrument dated after the date hereof and executed by all parties hereto.
- All notices provided to be given under this Agreement shall be given by certified or registered mail addressed to the proper party at the address herein above set out, or electronic mail. Either party may change such address by written notice to the other.
- Indemnification. Owner agrees to protect, indemnify and save Broker harmless from any and all liability, loss or damage it may suffer as a result of claims, demands, costs, attorney’s fees or judgments against it arising out of any acts, omissions, breach of covenants, warranties or representations of and made by Owner.
- This Agreement shall be construed to have been executed under and subject to the laws of the state of Texas.
Signature Page to Follow
EXECUTED THIS __ day of ___________, 2020.
By: _______________________________ By: _______________________________
Name and Title Name and Title
Date: _____________________________ Date: _____________________________