7. Declarations and obligations of the buyer
In section 7.1 of the Exclusive brokerage contract – Purchase, the buyer undertakes, during the term of the contract, not to take steps toward a purchase or not to contract without the intermediary of his broker, with the owner of any immovable. It must be clear in the buyer’s mind that he cannot communicate directly, or through a person other than his broker, with the owner of any immovable matching the description made in section 3 of the contract. This also means that he must abstain from communicating with any other broker or agency entrusted with the sale of such an immovable.
Despite the prohibition against taking steps on his own, clause 7.2 allows the buyer to participate in open houses without his broker. The exclusivity of the contract is thus modulated with regard to one particular aspect, namely visits not requiring an appointment. However, the buyer is required, during such visits, to inform the seller or the seller’s broker that he is bound by an exclusive brokerage contract to purchase. He must also let his broker know about any interest he may have in a property as a result of such a visit.
The declaration required of the buyer in clause 7.3 of the form is actually a way for the broker to fulfill his obligation to take the necessary steps, before entering into a brokerage contract, to ascertain that the proposed transaction is not already covered by an exclusive brokerage contract.
