Fillable Printable Business Listing Contract

Business Listing Contract

WB-6 BUSINESS LISTING CONTRACT – EXCLUSIVE RIGHT TO SELL

SELLER GIVES BROKER THE EXCLUSIVE RIGHT TO SELL THE ASSETS ON THE FOLLOWING TERMS:

Business Name (include both legal and any trade name): _______________________________________________________________________

____________________________________________________________________________________________________________________

Type of Business Entity (e.g., corporation, LLC, partnership, sole proprietorship, etc.): _________________________________________________

____________________________________________________________________________________________________________________

Business Description and Current Location of Assets: __________________________________________________________________________

____________________________________________________________________________________________________________________

(lines 2-8 hereinafter referred to as the “Business”). Insert additional description, if any, at lines 291-293 or attach as an addendum per line 294.

■ LIST PRICE: ____________________________________________________________ Dollars ($ _________________________________).

■ INCLUDED IN LIST PRICE: Seller shall include in the list price (unless excluded at lines 32-35) and transfer, free and clear of encumbrances, the

Assets of the Business including all goodwill, stock-in-trade, trade fixtures, accounts receivable, Business Personal Property, the interest in Real

Estate (if included on lines 22-31), Fixtures (if interest in Real Estate is included), and the following additional property: _______________________

____________________________________________________________________________________________________________________

__________________________________________________ STRIKE AND COMPLETE AS APPLICABLE (hereinafter collectively the “Assets”).

Seller shall convey Business Personal Property and any other personal property by Bill of Sale or ___________________________________

__________________________________, free and clear of all liens and encumbrances except ________________________________________

___________________________________________________________________________________________________________________.

■ INTEREST IN REAL ESTATE CHECK BOX ON LINE 21 or 22, AS APPLICABLE

 NO INTEREST IN REAL ESTATE INCLUDED IN LIST PRICE

 DESCRIPTION OF INTEREST IN REAL ESTATE INCLUDED IN LIST PRICE:

Street address is: ___________________________________________________________________________________________________

____________________________________ in the ___________________________________ of ___________________________________

________________________________, County of ________________________________________________, Wisconsin (the “Real Estate”).

The Real Estate is owned by: _________________________________________________________________________________________.

The Real Estate is leased to: ____________________________________________________________________________. (see lines 92-96)

The interest in the Real Estate included in the list price is:  ownership  leasehold  assignment of existing lease

 other:_________________________________________________________________________________________________________.

Insert any additional description, including further description of the type of interest in the Real Estate that is included in list price, at lines 291-293

or attach as an addendum per line 294.

■ NOT INCLUDED IN LIST PRICE: _______________________________________________________________________________________

____________________________________________________________________________________________________________________

___________________________________________________________________________________________________________________.

CAUTION: Identify any Fixtures, trade fixtures and Business Personal Property to be excluded by Seller (see lines 230-237and 240-249)

MARKETING Seller authorizes and Broker agrees to use reasonable efforts to procure a buyer for the Assets. Broker’s marketing may include:

____________________________________________________________________________________________________________________

__________________________________________________________________________________________________________. Broker may

advertise the following special financing and incentives offered by Seller: ________________________________________________________

_________________________________________________________________________________. Seller has a duty to cooperate with Broker’s

marketing efforts. See lines 56-61 regarding Broker’s role as marketing agent and Seller’s duty to notify Broker of any potential buyers known to

Seller. Seller agrees that Broker may market other assets and properties during the term of this Listing.

COOPERATION, ACCESS TO PROPERTY OR OFFER PRESENTATION The parties agree that Broker will work and cooperate with other

brokers in marketing the Assets, including brokers from other firms acting as subagents (agents from other companies engaged by Broker - see lines

168-170) and brokers representing buyers. Cooperation includes providing access to the Assets for showing purposes and presenting offers and

other proposals from these brokers to Seller. Note any brokers with whom Broker shall not cooperate, any brokers or buyers who shall not be allowed

to attend showings, and the specific terms of offers which should not be submitted to Seller: ____________________________________________

___________________________________________________________________________________________________________________.

CAUTION: Limiting Broker's cooperation with other brokers may reduce the marketability of the Assets.

■ EXCLUSIONS: All persons who may acquire an interest in the Assets as a Protected Buyer under a prior listing contract are excluded from this

Listing to the extent of the prior broker's legal rights, unless otherwise agreed to in writing. Within seven days of the date of this Listing, Seller agrees

to deliver to Broker a written list of all such prospective buyers. The following other buyers are excluded from this Listing until

____________________________ [INSERT DATE]: _________________________________________________________________________.

These other buyers are no longer excluded from this Listing after the specified date unless, on or before the specified date, Seller has either

accepted an offer from the buyer or sold the Assets to the buyer.

Approved by the Wisconsin Real Estate Examining Board Page 1 of 6, WB-6

11-1-14 (Optional Use Date) 1-1-15 (Mandatory Use Date)

Page 2 of 6, WB-6

SELLER COOPERATION WITH MARKETING EFFORTS Seller agrees to cooperate with Broker in Broker’s marketing efforts and to provide

Broker with all records, documents and other material in Seller's possession or control which are required in connection with the sale. Seller

authorizes Broker to do those acts reasonably necessary to effect a sale and Seller agrees to cooperate fully with these efforts which may include

Internet advertising or a lockbox system on the Real Estate. Seller shall promptly notify Broker in writing of the names and contact information of any

potential buyers known to Seller, who contact Seller or with whom Seller negotiates during the term of this Listing and shall promptly refer all such

potential buyers and all persons making inquiries concerning the Assets to Broker.

SELLER AUTHORITY TO SELL Seller represents that Seller has authority to convey the Assets. If the owner is an entity, Seller agrees, within ten

days of the execution of this Listing, to provide Broker with a copy of documents evidencing that the sale of the Assets has been properly authorized.

DOCUMENTS AND RECORDS Seller agrees to promptly deliver all financial, business or other records, documents or materials related to the

Assets or transaction which are required in connection with the marketing or sale. Seller warrants that all written documents and records given

to Broker in conjunction with the marketing or sale of the Assets shall be true and accurate. Seller agrees to hold Broker harmless from loss

or liability resulting from Broker’s use of these documents and records, including but not limited to, the payment of costs and reasonable attorney

fees in the event of any suit against Broker arising out of the use of these documents and records. Seller authorizes Broker to distribute any or all of

the documents and records given to Broker to prospective buyers and their business, legal or tax counsel.

SELLER RESPONSIBILITIES Seller agrees to hold Broker harmless as to any losses suffered by Broker because of any breach of contract by

Seller where Broker has acted as agent for Seller according to terms and conditions set forth in this Listing, including but not limited to, the payment

of costs and reasonable attorney fees required to defend Broker from claims by a buyer of the Assets. Seller is aware that there is a potential risk of

injury, damage, loss or theft involving persons attending a showing of the Assets. Seller accepts responsibility for preparing the Assets to minimize

the likelihood of personal injury, property damage, loss or theft. Seller agrees to hold Broker harmless for any losses or liability resulting from

personal injury, property damage, loss or theft occurring during the term of this listing, other than those caused by Broker’s negligence or intentional

wrongdoing. Seller acknowledges that showings may be conducted by licensees other than Broker, that appraisers and inspectors may conduct

appraisals and inspections without being accompanied by Broker or other licensees, and that buyers or licensees may be present at all inspections

and testing and may photograph or videotape the Assets unless otherwise provided for in additional provisions at lines 291-293 or in an addendum

per line 294.

SELLER’S DISCLOSURE REPORT(S) Wis. Admin. Code Chapter REEB 24 requires listing brokers to make inquiries of the seller on the condition

of real estate and request that the Seller provide a written response to the broker’s inquiry. If there is an interest in Real Estate included in the list

price, Seller agrees to complete and provide the Broker with a written property condition report or vacant land disclosure report as applicable or

required by law. Broker may also request that Seller complete disclosure report(s) pertaining to Assets other than Real Estate and Seller agrees to

complete and provide such written report(s). Seller agrees to complete all reports to the best of Seller’s knowledge. Seller agrees to promptly amend

the report(s) to include any information that would change a response if Seller learns of such information after completion of the report(s), but before

acceptance of a buyer’s offer to purchase. Seller authorizes Broker to distribute any report(s) completed by Seller regarding the Real Estate or

Assets other than Real Estate to all interested parties and their agents inquiring about the Assets. Seller acknowledges that Broker has a duty to

disclose all Material Adverse Facts, as required by law.

WARNING: IF SELLER REPRESENTATIONS ARE INCORRECT OR INCOMPLETE, SELLER MAY BE LIABLE FOR DAMAGES AND COSTS.

OCCUPANCY Unless otherwise provided, Seller agrees to give buyer occupancy of the Real Estate at time of closing and to have the Real Estate

free of all debris and personal property except for personal property belonging to current tenants, sold to buyer or left with buyer's consent.

LEASED PROPERTY If any Assets are currently leased to third parties and the lease(s) will extend beyond closing, Seller shall assign Seller’s

rights under the lease(s) and transfer all security deposits and prepaid rents (subject to agreed-upon prorations) thereunder to buyer at closing.

Seller acknowledges that Seller remains liable under the lease(s) unless released by tenants.

CAUTION: Seller should consider obtaining an indemnification agreement from buyer for liabilities under the lease(s) unless released by

tenants.

NOTICE ABOUT SEX OFFENDER REGISTRY You may obtain information about the sex offender registry and persons registered with the registry

by contacting the Wisconsin Department of Corrections on the Internet at http://www.doc.wi.gov or by telephone at (608) 240-5830.

NON-DISCRIMINATION Seller and Broker agree that they will not discriminate against any prospective buyer on account of race, color,

sex, sexual orientation as defined in Wis. Stat. § 111.32(13m), disability, religion, national origin, marital status, lawful source of income,

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age, ancestry, familial status or in any other unlawful manner.

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EXTENSION OF LISTING The Listing term is extended for a period of one year as to any Protected Buyer. Upon receipt of a written request from

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Seller or a broker who has listed the Assets, Broker agrees to promptly deliver to Seller a written list of those buyers known by Broker to whom the

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extension period applies. Should this Listing be terminated by Seller prior to the expiration of the term stated in this Listing, this Listing shall be

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extended for Protected Buyers, on the same terms, for one year after the Listing is terminated.

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TERMINATION OF LISTING Neither Seller nor Broker have the legal right to unilaterally terminate this Listing absent a material breach of contract

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by the other Party. Seller understands that the Parties to the Listing are Seller and the Broker (firm). Agents (salespersons) for Broker (firm) do not

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have the authority to enter into a mutual agreement to terminate the Listing, amend the commission amount or shorten the term of this Listing,

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without the written consent of the agent’s supervising broker. Seller and Broker agree that any termination of this Listing by either party before the

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date stated on line 296 shall be indicated to the other Party in writing and shall not be effective until delivered to the other Party in accordance with

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lines 271-290.

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CAUTION: Early termination of this Listing may be a breach of contract, causing the terminating party to potentially be liable for

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damages.

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Page 3 of 6, WB-6

EARNEST MONEY If Broker holds trust funds in connection with the transaction, they shall be retained by Broker in Broker’s trust account. Broker

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may refuse to hold earnest money or other trust funds. Should Broker hold the earnest money, Broker shall hold and disburse earnest money funds

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in accordance with Wis. Stat. Ch. 452 and Wis. Admin. Code Ch. REEB 18. If the transaction fails to close and the earnest money is disbursed to

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Seller, then upon disbursement to Seller the earnest money shall be paid first to reimburse Broker for cash advances made by Broker on behalf of

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Seller and one half of the balance, but not in excess of the agreed commission, shall be paid to Broker as Broker’s full commission in connection with

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said purchase transaction and the balance shall belong to Seller. This payment to Broker shall not terminate this Listing.

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BROKER DISCLOSURE TO CLIENTS

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UNDER WISCONSIN LAW, A BROKER OWES CERTAIN DUTIES TO ALL PARTIES TO A TRANSACTION:

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(a) The duty to provide brokerage services to you fairly and honestly.

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(b) The duty to exercise reasonable skill and care in providing brokerage services to you.

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(c) The duty to provide you with accurate information about market conditions within a reasonable time if you request it, unless

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disclosure of the information is prohibited by law.

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(d) The duty to disclose to you in writing certain material adverse facts about a property, unless disclosure of the information is

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prohibited by law (see lines 250-252).

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(e) The duty to protect your confidentiality. Unless the law requires it, the broker will not disclose your confidential information or the

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confidential information of other parties (see lines 175-187).

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(f) The duty to safeguard trust funds and other property the broker holds.

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(g) The duty, when negotiating, to present contract proposals in an objective and unbiased manner and disclose the advantages

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and disadvantages of the proposals.

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BECAUSE YOU HAVE ENTERED INTO AN AGENCY AGREEMENT WITH A BROKER, YOU ARE THE BROKER'S CLIENT. A BROKER

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OWES ADDITIONAL DUTIES TO A CLIENT:

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(a) The broker will provide, at your request, information and advice on real estate matters that affect your transaction, unless you

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release the broker from this duty.

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(b) The broker must provide you with all material facts affecting the transaction, not just adverse facts.

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(c) The broker will fulfill the broker's obligations under the agency agreement and fulfill your lawful requests that are within the scope

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of the agency agreement.

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(d) The broker will negotiate for you, unless you release the broker from this duty.

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(e) The broker will not place the broker's interests ahead of your interests. The broker will not, unless required by law, give

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information or advice to other parties who are not the broker's clients, if giving the information or advice is contrary to your interests.

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If you become involved in a transaction in which another party is also the broker's client (a "multiple representation relationship"), different duties may

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apply.

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■ MULTIPLE REPRESENTATION RELATIONSHIPS AND DESIGNATED AGENCY:

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■ A multiple representation relationship exists if a broker has an agency agreement with more than one client who is a party in the same transaction.

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In a multiple representation relationship, if all of the broker's clients in the transaction consent, the broker may provide services to the clients through

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designated agency.

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■ Designated agency means that different salespersons employed by the broker will negotiate on behalf of you and the other client or clients in the

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transaction, and the broker's duties will remain the same. Each salesperson will provide information, opinions, and advice to the client for whom the

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salesperson is negotiating, to assist the client in the negotiations. Each client will be able to receive information, opinions, and advice that will assist

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the client, even if the information, opinions, or advice gives the client advantages in the negotiations over the broker's other clients. A salesperson will

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not reveal any of your confidential information to another party unless required to do so by law.

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■ If a designated agency relationship is not in effect you may authorize or reject a multiple representation relationship. If you authorize a multiple

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representation relationship the broker may provide brokerage services to more than one client in a transaction but neither the broker nor any of the

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broker's salespersons may assist any client with information, opinions, and advice which may favor the interests of one client over any other client. If

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you do not consent to a multiple representation relationship the broker will not be allowed to provide brokerage services to more than one client in the

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transaction.

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Property Address: ________________________________________________________________________________________________________________________________________Page 4 of 6, WB-6

INITIAL ONLY ONE OF THE THREE LINES BELOW:

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_____________________ I consent to designated agency.

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_____________________ I consent to multiple representation relationships, but I do not consent to designated agency.

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_____________________ I reject multiple representation relationships.

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NOTE: YOU MAY WITHDRAW YOUR CONSENT TO DESIGNATED AGENCY OR TO MULTIPLE REPRESENTATION RELATIONSHIPS BY

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WRITTEN NOTICE TO THE BROKER AT ANY TIME. YOUR BROKER IS REQUIRED TO DISCLOSE TO YOU IN YOUR AGENCY

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AGREEMENT THE COMMISSION OR FEES THAT YOU MAY OWE TO YOUR BROKER. IF YOU HAVE ANY QUESTIONS ABOUT THE

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COMMISSION OR FEES THAT YOU MAY OWE BASED UPON THE TYPE OF AGENCY RELATIONSHIP YOU SELECT WITH YOUR BROKER

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YOU SHOULD ASK YOUR BROKER BEFORE SIGNING THE AGENCY AGREEMENT.

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■ SUBAGENCY: The broker may, with your authorization in the agency agreement, engage other brokers who assist your broker by providing

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brokerage services for your benefit. A subagent will not put the subagent's own interests ahead of your interests. A subagent will not, unless required

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by law, provide advice or opinions to other parties if doing so is contrary to your interests.

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PLEASE REVIEW THIS INFORMATION CAREFULLY. A broker or salesperson can answer your questions about brokerage services, but if

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you need legal advice, tax advice, or a professional home inspection, contact an attorney, tax advisor, or home inspector. This disclosure

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is required by section 452.135 of the Wisconsin statutes and is for information only. It is a plain-language summary of a broker's duties to

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you under section 452.133(2) of the Wisconsin statutes.

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■ CONFIDENTIALITY NOTICE TO CLIENTS: Broker will keep confidential any information given to Broker in confidence, or any information

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obtained by Broker that he or she knows a reasonable person would want to be kept confidential, unless the information must be disclosed by law or

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you authorize the broker to disclose particular information. A Broker shall continue to keep the information confidential after the Broker is no longer

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providing brokerage services to you. The following information is required to be disclosed by law:

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1) Material adverse facts, as defined in section 452.01(5g) of the Wisconsin statutes (see lines 250-252).

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2) Any facts known by the broker that contradict any information included in a written inspection report on the property or real estate that is the

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subject of the transaction.

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To ensure that Broker is aware of what specific information you consider confidential, you may list that information below (see lines 184-185). At a

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later time, you may also provide Broker with other information you consider to be confidential.

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CONFIDENTIAL INFORMATION: ________________________________________________________________________________________

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____________________________________________________________________________________________________________________

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NON-CONFIDENTIAL INFORMATION (The following may be disclosed by Broker): __________________________________________________

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____________________________________________________________________________________________________________________

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COMMISSION Broker’s commission shall be ________________% or _________________________________ whichever is greater

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____________________________________________________________________________________________________________________

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___________________________________________________________________________________________________________________.

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Seller shall pay Broker’s commission, which shall be earned if, during the term of this Listing:

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1) Seller sells or accepts an offer which creates an enforceable contract for the sale of all or any part of the Assets;

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2) Seller grants an option to purchase all or any part of the Assets which is subsequently exercised;

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3) Seller exchanges or enters into a binding exchange agreement on all or any part of the Assets;

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4) A transaction occurs which causes an effective change of ownership, management or control of all or any part of the Assets from Seller to a third

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party, other than in the ordinary course of business;

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5) A transfer or sale of any stock, shares, membership or partnership interest of the Business Entity occurs which results in an effective change of

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ownership, management or control of the Business;

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6) A buyer is Procured for the Assets by Broker, by Seller, or by any other person, at no less than the price and on substantially the same terms set

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forth in this Listing and the standard provisions of the current WB-16 OFFER TO PURCHASE - BUSINESS WITH REAL ESTATE (if real property

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is included in the list price) or WB-17 OFFER TO PURCHASE - BUSINESS WITHOUT REAL ESTATE, even if Seller does not accept this buyer’s

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offer;

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7) Seller enters into a management contract involving all or any part of the Assets during the term of this Listing;

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8) Seller enters into lease(s) involving all or any part of the Assets during the term of this Listing, other than in the ordinary course of business.

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NOTE: Each item on lines 192-204 is a commissionable event and the commission due shall be the aggregate of the amounts earned for

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all commissionable events. This may require allocation of list price or fair market value among Assets.

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A percentage commission, if applicable, shall be calculated based on the purchase price if commission is earned under 1) or 2) above, or calculated

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based on the list price under 3) (if an exchange of all Assets), 4), 5), 6), 7) or 8). A percentage commission shall be calculated on the fair market value

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of the Assets exchanged under 3) if the exchange does not involve all Assets. “Purchase price” shall include all consideration received by Seller

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including, but not limited to, buyer assumptions of debt, any Seller provided financing and all consideration received by other selling or transferring

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parties, as the case may be. Once earned, Broker’s commission is due and payable in full at the earlier of closing or the date set for closing, unless

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otherwise agreed in writing. Broker’s commission shall be earned if, during the term of the Listing, one owner of the Assets sells, conveys, exchanges

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or options an interest in all or any part of the Assets to another owner, except by divorce judgment.

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NOTE: A sale, option, exchange or Procurement of a buyer for a portion of the Assets does not terminate the Listing of remaining Assets.

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■ COMPENSATION TO OTHERS: Broker offers the following commission to cooperating brokers: ______________________________________

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________________________________. (Exceptions if any): ___________________________________________________________________.

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Page 5 of 6, WB-6

NOTICE: Broker has the authority under section 779.32 of the Wisconsin Statutes to file a broker lien for commissions or compensation

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earned but not paid when due against the commercial real estate, or the interest in the commercial real estate, if any, that is the subject of

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this Listing. “Commercial real estate” includes all real estate except (a) real property containing 8 or fewer dwelling units, (b) real

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property that is zoned for residential purposes and that does not contain any buildings or structures, and (c) real property that is zoned

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for agricultural purposes.

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■ DEFINITIONS:

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ADVERSE FACT: "Adverse Fact" means any of the following:

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(a) A condition or occurrence that is generally recognized by a competent licensee as doing any of the following:

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1) Significantly and adversely affecting the value of the property;

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2) Significantly reducing the structural integrity of improvements to real estate; or

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3) Presenting a significant health risk to occupants of the property.

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(b) Information that indicates that a party to a transaction is not able to or does not intend to meet his or her obligations under a contract or

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agreement made concerning the transaction.

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BUSINESS PERSONAL PROPERTY: “Business Personal Property” is defined as all tangible and intangible personal property and rights in personal

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property owned by Seller and used in the Business, including, but not limited to, furniture, trade fixtures and equipment, tools used in business,

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telephone numbers and listings if transferable, customer lists, trade names, intellectual property, Internet domain names, digital media, digital

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marketing, databases, business records, supplies, leases, advance lease deposits, customer deposits, signs, all other personal property used in the

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Business, and if transferable, all permits, special licenses and franchises, except those assets disposed of in the ordinary course of business or as

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permitted by the offer.

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CAUTION: Identify on lines 32-34 Business Personal Property not included in the list price or not exclusively owned by Seller, such as

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licensed or rented personal property, tenants’ personal property and tenants’ trade fixtures.

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DEADLINES – DAYS: Deadlines expressed as a number of "days" from an event are calculated by excluding the day the event occurred and by

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counting subsequent calendar days.

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FIXTURES: “Fixture” is an item of property which is physically attached to or so closely associated with land or buildings so as to be treated as part

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of the real estate, including, without limitation, physically attached items not easily removable without damage to the premises, items specifically

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adapted to the premises, and items customarily treated as fixtures, including, but not limited to, all: garden bulbs; plants; shrubs and trees; screen

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and storm doors and windows; electric lighting fixtures; window shades; curtain and traverse rods; blinds and shutters; central heating and cooling

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units and attached equipment; water heaters and treatment systems; sump pumps; attached or fitted floor coverings; awnings; attached antennas,

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garage door openers and remote controls; installed security systems; central vacuum systems and accessories; in-ground sprinkler systems and

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component parts; built-in appliances; ceiling fans; fences; storage buildings on permanent foundations and docks/piers on permanent foundations. A

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Fixture does not include trade fixtures owned by tenants of the Real Estate.

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CAUTION: If an interest in real estate is included in the list price, identify on lines 32-34 Fixtures not included in the list price or not

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exclusively owned by Seller, such as rented Fixtures.

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MATERIAL ADVERSE FACT: "Material Adverse Fact" means an Adverse Fact that a party indicates is of such significance, or that is generally

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recognized by a competent licensee as being of such significance to a reasonable party, that it affects or would affect the party's decision to enter into

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a contract or agreement concerning a transaction or affects or would affect the party's decision about the terms of such a contract or agreement.

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PERSON ACTING ON BEHALF OF BUYER: "Person Acting on Behalf of Buyer" shall mean any person joined in interest with buyer, or otherwise

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acting on behalf of buyer, including but not limited to buyer's immediate family, agents, servants, employees, directors, managers, members, officers,

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owners, partners, incorporators and organizers, as well as any and all corporations, partnerships, limited liability companies, trusts or other entities

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created or controlled by, affiliated with or owned by buyer, in whole or in part whether created before or after expiration of this Listing.

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PROCURE: A buyer is procured when during the term of the Listing, an enforceable contract of sale is entered into between the Seller and the buyer

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or when a ready, willing and able buyer submits to the Seller or the Listing Broker a written offer at the price and on substantially the terms specified

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in this Listing. A buyer is ready, willing and able when the buyer submitting the written offer has the ability to complete the buyer's obligations under

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the written offer. See lines 199-202.

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PROTECTED BUYER: “Protected Buyer” means a buyer who personally, or through any Person Acting on Behalf of Buyer, during the term of this

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Listing: 1) delivers to Seller or Broker a written offer to purchase, exchange or option on the Assets; 2) negotiates directly with Seller by discussing

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with Seller the potential terms upon which buyer might acquire an interest in the Assets; or 3) attends an individual showing of the Assets or

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discusses with Broker or cooperating brokers the potential terms upon which buyer might acquire an interest in the Assets, but only if Broker delivers

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the buyer’s name to Seller, in writing, no later than three days after the expiration of the Listing. The requirement in 3), to deliver the buyer’s name to

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Seller in writing, may be fulfilled as follows: a) If the Listing is effective only as to certain individuals who are identified in the Listing, by the

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identification of the individuals in the Listing; or b) if a buyer has requested that the buyer’s identity remain confidential, by delivery of a written notice

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identifying the broker with whom the buyer negotiated and the date(s) of any showings or other negotiations. A Protected Buyer also includes any

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Person Acting on Behalf of Buyer joined in interest with or otherwise acting on behalf of a Protected Buyer, who acquires an interest in the Assets

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during the extension of listing period as noted on lines 102-105.

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Property Address: ________________________________________________________________________________________________________________________________________Page 6 of 6, WB-6

DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Listing, delivery of documents and written notices to a

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Party shall be effective only when accomplished by one of the methods specified at lines 273-290.

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(1) Personal Delivery: giving the document or written notice personally to the Party, or the Party's recipient for delivery if named at line 274 or 275.

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Seller’s recipient for delivery (optional): ____________________________________________________________________________________

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Broker’s recipient for delivery (optional): ____________________________________________________________________________________

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(2) Fax: fax transmission of the document or written notice to the following telephone number:

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Seller: (__________) _______________________________________ Broker: (___________) _________________________________________

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(3) Commercial Delivery: depositing the document or written notice fees prepaid or charged to an account with a commercial delivery service,

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addressed either to the Party, or to the Party's recipient for delivery if named at line 274 or 275, for delivery to the Party's delivery address at line 283

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or 284.

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(4) U.S. Mail: depositing the document or written notice postage prepaid in the U.S. Mail, addressed either to the Party, or to the Party's

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recipient for delivery if named at line 274 or 275, for delivery to the Party's delivery address at line 283 or 284.

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Delivery address for Seller: ______________________________________________________________________________________________

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Delivery address for Broker: _____________________________________________________________________________________________

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(5) E-Mail: electronically transmitting the document or written notice to the Party’s e-mail address, if given below at line 289 or 290. If this is a

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consumer transaction where the property being leased or purchased or the proceeds are used primarily for personal, family or household purposes,

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each consumer providing an e-mail address below has first consented electronically to the use of electronic documents, e-mail delivery and

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electronic signatures in the transaction, as required by federal law.

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E-Mail address for Seller: _______________________________________________________________________________________________

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E-Mail address for Broker: ______________________________________________________________________________________________

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ADDITIONAL PROVISIONS ____________________________________________________________________________________________

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____________________________________________________________________________________________________________________

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____________________________________________________________________________________________________________________

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ADDENDA The attached ______________________________________________________________________ is/are made part of this Listing.

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■ TERM OF THE CONTRACT: From the ________________ day of ________________________________________, ________________ up to

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and including midnight of the ________________day of __________________________________________________, ___________________.

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■ READING/RECEIPT: THIS LISTING CONTRACT IS FOR SALE OF BUSINESS ASSETS. CONSULT APPROPRIATE ADVISORS FOR TAX,

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LICENSING, LIABILITY OR RELATED ISSUES. IF SIGNED, THIS LISTING CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BY

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SIGNING BELOW, SELLER ACKNOWLEDGES RECEIPT OF A COPY OF THIS LISTING CONTRACT AND THAT HE/SHE HAS READ ALL 6

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PAGES AS WELL AS ANY ADDENDA AND ANY OTHER DOCUMENTS INCORPORATED INTO THE LISTING.

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All persons signing below on behalf of a Seller Entity represent that they have legal authority to sign for and bind the Entity.

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NOTE: If signing for an entity use an authorized signature line and print your name and title.

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Seller Entity Name (if any): ______________________________________________________________________________________________

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(x)__________________________________________________________________________________________________________________

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Authorized Signature ▲ Print Name & Title Here ► Date ▲

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(x)__________________________________________________________________________________________________________________

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Individual Seller’s Signature ▲ Print Name Here ► Date ▲

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