COMMERCIAL EXCLUSIVE TENANT BROKERAGE AGREEMENT

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Tenant Brokerage Agreement Agreement Number 

COMMERCIAL EXCLUSIVE TENANT BROKERAGE AGREEMENT 

This Commercial Exclusive Tenant Brokerage Agreement (the “Agreement”) is between 

THE TENANT and THE TENANT’S BROKERAGE (the “Brokerage”) 

Name _____________________________________________ Brokerage Name _____________________________________ 

Name _____________________________________________ ___________________________________________________ 

Address ___________________________________________ Address ____________________________________________ 

(postal code) 

__________________________________________________ Phone____________________ Fax_______________________ 

(postal code) 

Phone_____________________ Fax ____________________ Email ______________________________________________ 

Email _____________________________________________ ___________________________________________________ 

Broker, Associate Broker or Associate authorized to represent the Brokerage 

Member of ________________________________ (the “Board”) 

—————————————————————————————————————————— 

In consideration of the Brokerage assisting the Tenant in leasing a ____________________________________ 

(type of property) 

property in the Market Area(s) described as_____________________________________________________ 

_____________________________________________________________________________________________ 

_____________________________________________________________________________________________ 

the Tenant hereby gives the Brokerage the exclusive right to act as the agent for the Tenant on the following terms: 

—————————————————————————————————————————— 

1. TERM OF THE AGREEMENT 

1.1 This Agreement will commence at _____ a.m./p.m. on the ______ day of __________________________, 

20_____, and will expire at _____ a.m./p.m. on the ______ day of ________________________, 20_____ 

(the “Expiry Date”). 

2. BROKERAGE’S MANDATE 

2.1 Obligations 

The Brokerage will: 

(a) use reasonable efforts to seek out and advise the Tenant of properties in the Market Area(s) that 

may meet the Tenant’s material requirements; 

(b) subject to Section 10, act only as the Tenant’s agent and fulfill the duties of loyalty, confidentiality and 

full disclosure of all relevant facts affecting the transaction known to the Brokerage. This includes 

disclosing all conflicts of interest that may arise between the Tenant’s interests and those of the 

Brokerage or landlords; 

(c) use reasonable efforts to discover relevant facts pertaining to any property on which the Tenant is 

considering making an offer to lease; 

(d) assist the Tenant in preparing an offer to lease and negotiating favourable terms and conditions with 

a landlord, resulting in a legally binding Agreement to Lease; 

(e) present in a timely manner all offers to and counter-offers from a landlord, and present offers even 

when a property is already the subject of an Agreement to Lease; 

(f) comply with the provisions of the Real Estate Act and its Regulations, and the Rules and Bylaws of 

the Real Estate Council of Alberta. 

TenBA – ©Alberta Real Estate Association – Mar. 2011 _______________Tenant’s Initials _______________Brokerage Representative’s Initials Page 1 of 5

2.2 Other Services 

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The Tenant requests, and the Brokerage agrees to provide at the Tenant’s expense, where applicable, the 

following additional services: 

(a) to advertise for suitable properties; q Yes q No 

(b) to assist the Tenant in arranging for inspections of a property; q Yes q No 

(c) the services listed below: __________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

______________________________________________________________________________ 

3. BROKERAGE’S REMUNERATION 

3.1 The Brokerage’s fee (the “Fee”) shall be: 

(a) the portion of the real estate commission, if any, paid to the Brokerage by the landlord’s brokerage, or 

(b) _______________________________________________________________________________________ 

________________________________________________________________________ plus GST, 

whichever is greater. 

3.2 If the fee stated in 3.1(b) exceeds the amount received in 3.1(a), the shortfall will be paid by the Tenant to 

the Tenant’s Brokerage. 

3.3 (a) As security for payment of the Fee when this Agreement is signed, the Tenant will deposit with the 

Brokerage, to be held in trust, the sum of $____________________________________________(the 

“Fee Deposit”). 

(b) The Brokerage is authorized to apply the Fee Deposit toward the Fee. 

(c) The Fee Deposit shall be refunded to the Tenant not later than 90 days after the Expiry Date if the Fee 

is not earned according to clause 3.4. If the Tenant has signed an agreement with a new brokerage as 

per clause 3.5, the Fee Deposit shall be refunded forthwith to the Tenant. 

3.4 The Brokerage will be entitled to receive the Fee and the Tenant will be obligated to pay it, if: 

(a) during the term of this Agreement the Tenant enters into a contract for the Lease of a property of the 

type described and in the Market Area(s) specified in this Agreement, the obligations of the parties are 

(have become) unconditional, and at the closing date the landlord is willing and able to complete the 

transaction; or 

(b) within 90 days after this Agreement has ended, the Tenant enters into a contract for the Lease of a 

property of the type described and in the Market Area(s) specified in this Agreement, and during the 

term of this Agreement the property was introduced to the Tenant by the Brokerage or through the 

efforts of the Brokerage. 

3.5 Clause 3.4(b) will not apply if after this Agreement has ended the Tenant has signed an agreement with a 

new brokerage and the Tenant is obligated to pay a fee to the new brokerage as a result of the Lease of 

a property specified in this Agreement. 

3.6 The Fee earned by the Brokerage, and any shortfall payable by the Tenant under clause 3.2, less any 

Fee Deposit shall be payable upon completion of the transaction as agreed in clause 3.7. In the event the 

Tenant refuses to complete the transaction, the Fee less any Fee Deposit is due and payable within seven 

(7) days of demand by the Brokerage. 

3.7 The Tenant and the Brokerage agree that completion of the transaction will occur when _______________ 

__________________________________________________________________________________ 

___________________________________________________________________________________________. 


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3.8 The Brokerage agrees not to accept any other remuneration, whatever its form (including a finder’s 

fee, referral fee or gift) and from whatever source (including the landlord, another brokerage or a 

contractor), directly or indirectly related to its agency under this Agreement unless, before accepting such 

remuneration, the Brokerage has fully disclosed in writing to the Tenant all relevant facts relating to the 

offer of remuneration, including the maximum amount to be received, and obtained the Tenant’s written 

consent to the Brokerage receiving such remuneration. 

4. DUTIES OF THE TENANT 

4.1 The Tenant agrees to provide the Brokerage with sufficient personal and financial information to enable 

the Brokerage to determine the Tenant’s ability to lease a property as specified in this Agreement. 

4.2 The Tenant will: 

(a) make reasonable efforts to communicate and cooperate with the Brokerage in a timely manner; 

(b) provide the Brokerage with all information necessary to identify properties in the Market Area(s) in 

which the Tenant may be interested; and, 

(c) immediately advise the Brokerage of any material change in information provided to the Brokerage. 

4.3 The Tenant will immediately advise the Brokerage: 

(a) during the term of the Agreement, of all inquiries and offers to lease received by the Tenant from 

interested landlords or their representatives and will deliver all such offers to the Brokerage; 

(b) during the Hold-Over Period, of all inquiries, offers to lease or counter-offers received by the Tenant 

from a landlord or the landlord’s representative introduced to the Tenant during the term of the 

Agreement. 

5. TENANT’S WARRANTY 

5.1 The Tenant warrants that the Tenant: 

(a) is not currently represented by any other brokerage and will not enter into another Tenant Brokerage 

Agreement with another brokerage during the term of this Agreement with respect to the same 

Market Area(s); and, 

(b) has disclosed to the Brokerage all of the material requirements that the Tenant is seeking in a 

property. 

6. TENANT’S CONFIDENTIAL INFORMATION WILL BE PROTECTED 

6.1 The Brokerage undertakes that it will not use confidential information received from the Tenant, or obtained 

as a result of providing services under this Agreement, for its own gain or the gain of employees or to the 

prejudice of the Tenant’s interests. 

7. USE AND DISTRIBUTION OF TENANT’S INFORMATION 

7.1 The Tenant consents to the collection, use and disclosure of personal information by the Brokerage for 

purposes of this Agreement and such other use as is consistent with the lease or prospective lease of a 

property. 

7.2 The Tenant agrees that information regarding any real estate leased by the Tenant through the Brokerage 

may be retained and disclosed by the Brokerage and the Board for reporting, appraisal and statistical 

purposes. 

8. ADDITIONAL TERMS 

8.1 The Tenant agrees that: 

(a) the brokerage is being retained as a real estate brokerage, not as a lawyer, tax advisor, lender, 

appraiser, surveyor, structural engineer, property inspector, or other professional service provider; 

(b) subject to clause 10, the Brokerage may represent landlords and other tenants; 

(c) the Brokerage cannot disclose to the Tenant confidential information obtained through any other 

agency relationships to which the Brokerage is or has been a party; and 


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(d) the Brokerage will not be obligated to seek additional properties of interest to the Tenant once the 

Tenant is a party to an unconditional Agreement to Lease. 

8.2 This Agreement: 

(a) will constitute the entire agreement between the Tenant and Brokerage and there are no representations, 

warranties, collateral agreements or conditions which affect this Agreement other than as expressed 

herein. 

(b) will be governed by the laws of the Province of Alberta and the Tenant and the Brokerage will submit 

to the jurisdiction of the Courts of the Province of Alberta for the resolution of any disputes that may 

arise out of this Agreement. 

8.3 No amendment to the terms of this Agreement shall be effective unless it is in writing and signed by the 

Tenant and the Brokerage. 

8.4 _____________________________________________________________________________________ 

_____________________________________________________________________________________ 

_____________________________________________________________________________________ 

_____________________________________________________________________________________ 

9. ENDING THIS AGREEMENT 

9.1 Without prejudice to the acquired rights of the Tenant or the Brokerage, this Agreement will end upon: 

(a) the completion of a transaction as agreed in clause 3.7; 

(b) the expiration of the term of the Agreement as specified in clause 1.1 or an earlier date if mutually 

agreed to by the Tenant and the Brokerage in writing; 

(c) the suspension or cancellation of the Brokerage’s licence to trade in real estate; 

(d) the Brokerage ceasing to be a member of a real estate board; 

(e) the bankruptcy or insolvency of the Brokerage or if it is in receivership. 

9.2 Where one party to this Agreement has materially breached this Agreement, the other party may, at its 

option, end this Agreement by notice in writing to the party in breach. 

9.3 When this Agreement ends, the Brokerage will immediately: 

(a) cease efforts to seek out and advise the tenant of properties for lease in the Market Area(s); 

(b) return documents and other materials, if any, provided by the Tenant. 

9.4 Ending this Agreement for whatever reason does not relieve the Brokerage of it’s duty of confidentiality to 

the Tenant and the duty to account for all monies received by the Brokerage. 

10. AGENCY DISCLOSURE AND TRANSACTION BROKERAGE 

10.1 The Tenant has entered into an agency relationship with the Brokerage. The Brokerage is obligated to 

protect and promote the interests of the Tenant. Specifically, the Brokerage owes the Tenant the duties of 

loyalty, obedience, confidentiality, reasonable care and skill, full disclosure and full accounting. 

10.2 The Tenant and potential landlords may be represented by different brokerages. Each owes its client 

the full agency duties listed in 10.1. Brokerages representing such landlords will not have an agency 

relationship with the Tenant. 

10.3 If the Brokerage is the agent of a landlord in whose property the Tenant is interested, the duties owed 

to each party are in conflict and would by necessity be limited. Prior to writing the offer the Brokerage 

will review with the Tenant all relevant facts and implications of dual representation and then seek the 

Tenant’s written consent to transaction brokerage on the terms specified in the Transaction Brokerage 

Agreement. The Brokerage will seek the landlord’s consent to transaction brokerage prior to presenting 

the Tenant’s offer to the landlord. 


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10.4 Should the Brokerage deem transaction brokerage to be inappropriate for a particular transaction, the 

parties will seek alternate representation. Should either the Tenant or the landlord not consent to transaction 

brokerage, the Brokerage will give the Tenant and the landlord an opportunity to seek independent advice 

and, unless otherwise agreed by the two parties, the non-consenting party will seek alternate representation 

and the Brokerage will continue to represent the consenting party. 

11. DEFINITIONS 

11.1 For the purposes of this Agreement: 

(a) an “Agreement to Lease” is a landlord’s acceptance of an offer to lease property under specified 

terms and conditions; 

(b) “Lease” means a contract between a landlord and a tenant that transfers to the tenant the right to use 

a piece of property for a specified length of time under specified conditions; 

(c) “Leasing Price” means the total consideration to be paid to the landlord by the Tenant either at the 

closing date or at some future described time. 

12. TENANT’S ACKNOWLEDGMENT 

12.1 The Tenant, having read and understood this Agreement and the Agency Relationships guide, acknowledges 

that this Agreement accurately sets out the terms agreed to by the Tenant and the Brokerage. 

13. SIGNATURES 

13.1 This Agreement may be signed by the parties and transmitted by fax. This procedure will be as effective 

as if the parties had signed and delivered an original copy. 

This Agreement was signed on_____________________________________________________, 20______. 

__________________________________________________ _________________________________________________ 

Signature of Tenant Signature of Witness 

__________________________________________________ _________________________________________________ 

Print Name of Tenant Print Name of Witness 

__________________________________________________ _________________________________________________ 

Signature of Authorized Signing Officer Signature of Witness 

__________________________________________________ _________________________________________________ 

Print Name of Authorized Signing Officer Print Name of Witness 

__________________________________________________ _________________________________________________ 

Signature of Broker, Associate Broker or Associate Print Name of Broker, Associate Broker or Associate 

(authorized to sign on behalf of the Brokerage) (authorized to sign on behalf of the Brokerage) 

Tenant: Initial here to show you have received a copy of this Agreement. ______________________________ 

______________________________ 

Date

COMMERCIAL EXCLUSIVE TENANT BROKERAGE AGREEMENT

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