Posted by Lor on July 03, 2001 at 18:38:43:
The California Real Estate Board, which is made up of agents I think, has a standard contract. It’s poorly written but since agents represent both buyers and sellers it’s fairly even handed. that may be the way to go. Of course, if you have the option it’s better to use a custom agreement, or at least put your own spin on the standard one.
I don’t think you can depend on the one sidedness of the agreement to make it unenforceable. Usually it will be held unenforceable only if the favored side also has much more power. Otherwise it may be held that that’s what you agreed to, on an equal bargaining position.
If it’s so one sided that there really is essentially no consideration ($), or they can get out of it very easily and the other side cannot, then that may be held unenforceable.