Notices

SERVICES, NOTICES, DISCLOSURES AND DISCLAIMERS
(FOR BUYERS AND SELLERS)

SELLER SERVICES

  1. AUTHORIZATION: Broker is hereby authorized by the undersigned Client(s) or by the authorized representative of Client(s) to sell, as the exclusive real estate broker, the property identified in the Proprdiy Brokerage Agreement signed by the parties.

  2. FINANCIAL CONDITION OF PROPERTY: Client acknowledges that Broker and real estate licensees affiliated with Broker are obligated by law to disclose to any potential buyer or licensee cooperating in the sale of the Property, whether as a subagent or agent for a prospective buyer, the following information:
  • Any late payments on loans or mortgages secured by the property,
  • Any defaults under the terms of loans or mortgages secured by the property,
  • Any liens secured against the Property for federal, state, or local income taxes; real property taxes; or unpaid condominium or homeowners association fees,
  • Any judgments filed against Client (including each owner for jointly held property),
  • Any information regarding any owner of the property who has filed for bankruptcy protection under United States law or is contemplating doing so during the term of the Listing Agreement.

    Client acknowledges that under Maryland law, Broker and affiliated real estate licensees must disclose the above information as a material fact to prospective buyers. Client further acknowledges that if they have knowledge of any of the items listed above, they must provide written clarification of the facts to Broker prior to the marketing of the property. Additionally, Client acknowledges that during the term of this Agreement, if any changes occur with respect to the information listed above, Client shall promptly notify Broker and the listing agent in writing of such changes.
  1. LISTING PRICE: The listing price of the Property authorized by Client shall be identified in the MLS input form submitted by Client at https://proprdiy.com/mls/ or other written notification from Seller to Broker and shall be the price advertised by Broker if Client retains Broker’s Listing Distribution services. If Client desires to change the listing price, Client shall immediately inform Broker in writing of the changed listing price, and such changed listing price shall thereafter be the price advertised by Broker.

  2. SHOWING INSTRUCTIONS: Client shall be responsible for coordinating all showings of the Property. In the event that Client engages Broker to provide showing services on an as needed or when desired basis, there shall be a separate non-refundable showing fee paid in advance to Broker by Client for each such showing in the amount set forth in the brokerage agreement.

  3. MARKETING/MLS/INTERNET ADVERTISEMENT: In the event (and only in the event) Broker in engaged by Client to market the Property under its Listing Distribution service, Broker shall, in accordance with the terms and conditions thereof enter the Property into the applicable multiple listing service(s) (“MLS”), and if contracted to do so, install a sign and/or a lockbox on the Property. Client acknowledges that Broker is bound by the bylaws, policies and procedures, and rules and regulations governing the MLS. Client grants to Broker the right to report to the MLS for dissemination, in accordance with MLS rules and policies, any contract of sale and sales price (including the other terms upon which any sale of the Property is made). Broker, upon election by Broker and in Broker’s sole and absolute discretion, is authorized by Client to submit and market the Property (including street name and house number) by and through one or more or all of the following:
         (A) Broker’s internet website;
         (B) Any other Internet website in accordance with applicable MLS rules and regulations; and/or
         (C) Any available MLS program(s) that enable participants to display aggregated MLS active listing information on participants’ public websites. Client further consents to and authorizes Broker, in accordance with the MLS rules and regulations, to allow other MLS participants and authorized users to market the Property by and through the internet websites of other such MLS participants and authorized users. Broker’s responsibility to market the Property is suspended upon Client’s acceptance of a written offer to purchase the Property, unless otherwise agreed by Client and Broker.

  4. OFFERS:

         (A) DISCLOSURE OF EXISTING OFFERS: Prospective buyers or cooperating brokers may inquire of Broker or Broker’s Agents as to whether existing written offer(s) have been received for the purchase of the Property. The disclosure of such offers could be either beneficial or detrimental to Client. Disclosure could result in the interested buyer making the highest and best offer as promptly as possible. Alternatively, such disclosure may dissuade the interested buyer from making any offer. Unless otherwise directed in writing by Client prior to the disclosure of any information regarding the existence of existing offers on the Property, Broker or Broker’s Agents are authorized to disclose the existence of other written offers on the Property in response to inquiries from buyers or cooperating brokers. Additionally, Broker or Broker’s Agents shall also disclose, if asked, whether an offer was obtained by the listing agent, another agent in Broker’s firm, or by a cooperating broker. Such authority does not include the disclosure of the terms and conditions of such offer(s) unless authorized by Client.
     
       (B) SUBMISSION OF OFFERS: Broker shall submit to Client in a timely manner all written offers and counteroffers, even if the Property is subject to an existing contract of sale unless Client has waived this obligation in writing.

  5. HOME WARRANTY: Broker does not offer the opportunity for Client to purchase a home warranty. Client may, at Client’s own discretion and expense, purchase a home warranty from a third party supplier that is in force during the listing period and which will transfer to the buyer upon settlement.

  6. GRANT/RELEASE OF PROPERTY DATA TO BROKER: If the Property is to be multiple-listed, Client grants to Broker the unlimited right to use, publish, disseminate, sell, and license to others all text, graphics, photos, virtual tours, documents, and any other types of data entered into the MLS, and Client hereby releases to Broker all of the Client’s interests and all intellectual property rights therein. If Client elects to allow dissemination of Property data on the internet, Client understands and agrees that public websites determine their own content and use of data, and therefore Broker has no control over public websites and no obligation to remove any of the above content from public websites at any time.

BUYER SERVICES

  1. CLIENT AUTHORIZATION: Broker is hereby authorized by the undersigned Client(s) or by the authorized representative of Client(s) to represent Client and/or Buyer as the exclusive real estate broker in the acquisition of real property, which shall include cooperatives. Any expiration or termination of this Agreement by Client or Broker shall be subject to the provisions of the Brokerage Agreement signed by the parties and shall survive the expiration or termination of this Agreement.

  2. CLIENT RESPONSIBILITIES AND NOTICE REGARDING COMING SOON” LISTINGS:

         (A) Exclusive Relationship with Broker: Client will work exclusively with Broker during the term of this Agreement.
         (B) Financial Information: Client will furnish Broker with necessary financial and personal information to reasonably establish Buyer’s ability to purchase or lease property.
         (C) Signs or Advertisements for Property: If Client sees any signs or advertisements for properties being offered for sale or lease, Client will not contact the seller or agent of the seller but will first contact Broker, who will provide information about the properties and then make arrangements to see them.
         (D) New Home Builders and Open Houses: In order to avoid the possibility of confusion over the agency relationship and misunderstandings about liability for compensation, Client agrees not to make a first visit to any new home builder’s model nor contact any other agents representing sellers of new homes without being accompanied by Broker. Client agrees not to enter “Open House” properties unless accompanied by Broker or after having had Broker make arrangements with the listing broker.
         (E) Notice Regarding “Coming Soon” Status in the MLS: The “Coming Soon” listing status is an option for properties listed in the MLS that are not available but will be soon. MLS subscribers may view listings under this status. However, properties listed under the “Coming Soon” status may not be shown. The “Coming Soon” status is automatically updated to “active” on the expected on-market date if not made “active” sooner.

  3. BROKER RESPONSIBILITIES: If contracted to do, through à la carte pay as you go services, Broker agrees to:     
         (A) Schedule appointments: Broker, or Broker’s representative shall contact the owner or listing agent depending     on the status of the sale in order to schedule a tour that is acceptable to all parties.
         (B) Assist the Client: Assist Client through the process of property acquisition.
         (C) Represent Client’s Interests: Represent the interests of the Buyer in all negotiations and transactions regarding the acquisition of real property.

GENERAL

  1. CONSERVATION EASEMENT: If the Property is encumbered by one or more conservation easements or other restrictions limiting or affecting uses of the Property (see Section 4.F, above), Maryland law requires that seller’s deliver to buyers the required notice and copies of the easement(s). A buyer who does not receive the notice and copies of the easement(s) on or before entering into the contract for sale has the unconditional right upon written notice to the sellers or seller’s agent to rescind the contract of sale at any time before the receipt of the notice and copies of the easement(s) or within five (5) days following receipt of the notice and copies of the easement(s) and to the immediate return of any deposit. Seller acknowledges that it is the seller’s sole obligation to obtain and deliver copies of any conservation easement(s) to buyer(s)

  2. DISCLAIMER AND LIMITATIONS:

         (A) Limitations of Broker’s Ability: Client acknowledges that Broker is being retained solely as a real estate licensee and not as an attorney, tax advisor, lender, financial advisor, appraiser, surveyor, structural engineer, certified home inspector, home improvement contractor or other professional service provider. Client has been advised to seek professional advice for legal, tax and other matters.
         (B) Representation of Other Buyers and Sellers: Client acknowledges that Broker may represent other buyers and/or sellers and that other potential buyers and/or sellers may consider, make offers on, purchase, or sell properties through Broker. Client consents to Broker’s representation of other buyers and/or sellers before, during, and after the expiration of this Agreement.
         (C) Subsequent Offers: Upon entering into a contract of sale or lease pursuant to this Client Agreement, Broker shall have no further obligation hereunder to procure any subsequent properties for Client.
         (D) Ministerial Acts: Client hereby consents to and authorizes Broker and Broker’s agents to provide ministerial acts as defined by law on behalf of Client to third persons in connection with the purchase, sale or lease of property.
         (E) Confidentiality of Offers: Client acknowledges the possibility that sellers or seller’s representatives may not treat the existence, terms or conditions of the Client’s offer(s) as confidential information.

  3. WIRE FRAUD NOTICE: Client is advised to NEVER trust wiring instructions sent via email. Cyber criminals are hacking email accounts and sending emails with fake wiring instructions. These emails are increasingly convincing and sophisticated. Client should ALWAYS independently confirm wiring instructions in person or via a telephone call to a trusted and verified phone number. Client should NEVER wire money without double-checking that the wiring instructions are legitimate and correct.

  4. DEPOSIT HELD BY ESCROW AGENT: Broker does not accept any deposits in connection with sales transactions. Client is advised that an escrow agent, other than a Maryland licensed real estate broker, is not subject to the same legal requirements as Maryland brokers under the Maryland Real Estate Brokers Act concerning the holding and disbursement of deposit monies. If the deposit is going to held by a third party other than by a licensed Maryland broker involved in the transaction, the parties to any contract of sale are required to enter into a separate written escrow agreement, binding upon the parties and the escrow agent, that complies with Section 10-802 of the Real Property Article of the Annotated Code of Maryland.

  5. VIOLATION NOTICES: Client is notified that a contract of sale may require that the seller convey the Property free and clear of all violation notices, requirements noted or issued by any governmental authority (including without limitation, any permit violation notices), and actions in any court, against or affecting the Property.

  6. HOME SECURITY SYSTEMS: Maryland law prohibits audio recording of private conversations without the consent of all parties. Client may view the penalties for violating the law which are contained in Section 10-402 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland at: http://mgaleg.maryland.gov/mgawebsite/Laws/ StatuteText?article=gcj&section=10-402&enactments=false

  7. FAIR HOUSING: Federal, state, and local Fair Housing Laws grant protections from discrimination in housing. It is unlawful to discriminate based upon certain criteria, which include without limitation race, color, religion, sex, national origin, disability, familial status, marital status, sexual orientation, gender identity, and source of income. Client agrees to comply with all federal, state, and local Fair Housing Laws. Occasionally, buyers attempt to stand out by submitting letters, photos, or videos to explain why the recipient should select their offer. This may raise Fair Housing Laws concerns, and potentially expose sellers and brokers to Fair Housing Laws violations. As such, Client acknowledges that Broker will remove from any offer, counter-offer, or any other communication exchanged during a transaction or contemplated transaction, any letters, photographs, videos or similar items from the contract documents submitted by any buyer or buyer’s agent.

  8. INSURANCE AND MAINTENANCE: Broker is not responsible for the care or physical condition of the Property. Sellers shall remain solely responsible for the care and physical condition of seller’s properties, including the cost of all utilities, maintenance, the physical security of the premises and all personal property, and maintaining adequate property and personal injury insurance during the term of this Agreement. Any repairs of the Property may require that the individuals engaged to perform such repairs be duly licensed. Broker shall have no liability for such matters.

  9. SMOKE ALARMS: Maryland law regarding smoke alarms and smoke detectors (Section 9-101, et seq. of the Public Safety Article of the Annotated Code of Maryland) has changed. The type of smoke alarm required in a dwelling depends upon the age of the property. As of January 1, 2018, among other changes, no alarm-battery powered or hard-wired-may be older than 10 years from the date of manufacture, and if battery powered, be sealed, tamper resistant units incorporating a silence/hush button, which use long-life batteries. There are penalties for non- compliance. Additionally, some jurisdictions have more stringent rules for new construction or for rentals. Client is advised to verify compliance with the city or county in which the Property is located. Client carefully should review the smoke alarm requirements at: http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gps&section=9-101&enactments=false

  10. LEAD-BASED PAINT:

         (A) LEAD-BASED PAINT HAZARD: Client acknowledges that the Property, if constructed before 1978, is subject to Federal law (Title X) as to the presence of lead-based paint and/or lead-based paint hazards. If Client is uncertain as to the date the Property was constructed, Client agrees that, for the purpose of the sale contemplated by this Agreement, the Property will be treated as though it had been constructed prior to 1978. If Title X applies to the Property, Client agrees to comply fully with the requirements as set forth in the EPA and HUD Real Estate Notification and Disclosure Rule. Accordingly, if applicable, seller is required to disclose to prospective buyers, based upon seller’s actual knowledge, all known lead-based paint hazards in the Property and provide buyer with any available reports in seller’s possession relating to lead-based paint or lead based paint hazards applicable to the Property. Additionally, the federally required Disclosure of Information on Lead- Based Paint and/or Lead-Based Paint Hazards must be attached and made a part of any contract of sale. For detailed information regarding the EPA and HUD Real Estate Notification and Disclosure Rule, Client should visit and carefully review: https://www.epa.gov/lead/epa-and-hud-real-estate-notification-and-disclosure-rule-questions-and-answers

         (B) RENOVATION, REPAIR AND PAINTING OF PROPERTY: In accordance with the Lead Renovation, Repair and Painting Rule (“RRP”) as adopted by the Environmental Protection Agency (“the EPA”), effective April 22, 2010, if the improvements on the Property were built before 1978, contractor(s) engaged by seller to renovate, repair or paint properties must be certified by the EPA where such work will disturb more than six square feet of paint per room for interior projects; more than 20 square feet of paint for any exterior project; or which includes window replacement or demolition (“Covered Work”). Before and during any Covered Work project, contractor(s) must comply with all requirements of the RRP.

    A seller who personally performs any Covered Work on a rental property is required to be certified by the EPA prior to performing such Covered Work. No certification is required for a seller who personally performs Covered Work on the Client’s principal residence. However, seller has the ultimate responsibility for the safety of seller’s family or children while performing such Covered Work. For detailed information regarding the RRP, Client should visit https://www.epa.gov/lead/lead-renovation-repair-and-paintinq-program.

  11. NOTICE REGARDING DISCLOSURE OF DEFERRED WATER AND SEWER ASSESSMENTS: Pursuant to Section 14-117(a)(5) of the Real Property Article of the Annotated Code of Maryland, a contract for the resale of residential real property that is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration shall contain a notice disclosing information about the deferred water and sewer charges. If a seller subject to this law fails to comply:

         (A) Prior to settlement, the buyer is entitled to rescind in writing the sales contract without penalty or liability. On rescission, the buyer is also entitled to the full return of any deposits made on account of the sales contract. If any deposits are held in trust by a licensed real estate broker, the return of the deposits to a the buyer under this law shall comply with the procedures under§ 17-505 of the Business Occupations and Professions Article of the Annotated Code of Maryland. The right of rescission shall terminate five days after seller provides to the buyer written notice in accordance with this requirement; and

         (B) After settlement, seller shall be liable to the buyer for the full amount of any fee or assessment not disclosed, unless seller was never charged a fee or assessment to defray the costs of public water or wastewater facilities by the developer, a successor of the developer. or a subsequent assignee.
    This law does not apply in a county that has adopted a disclosure requirement that is substantially similar to this law. (If the Property is served by public water or wastewater facilities for which deferred water and sewer charges have been established by a recorded covenant or declaration, Client to complete Notice & Disclosure of Deferred Water and Sewer Charges.

  12. PROPERTY CONDITION DISCLOSURE/DISCLAIMER: Per Section 10-702 of the Real Property Article of the Annotated Code of Maryland, a buyer is entitled to receive a Maryland Residential Property Disclosure And Disclaimer Statement (“Disclosure/Disclaimer Statement”), a form provided by the Maryland Real Estate Commission, from the seller. The seller must deliver the completed Disclosure/Disclaimer Statement to the buyer on or before the buyer’s entering into a contract of sale (offer to purchase) (with the exception of a land installment contract, an option to purchase agreement and a lease agreement containing an option to purchase provision, in which case the disclosure/ disclaimer statement must be delivered to the buyer before the execution of the contract by the buyer). A buyer who does not receive the Disclosure/Disclaimer Statement on or before the execution of the offer by the buyer has the unconditional right upon written notice to the seller or seller’s agent, to rescind the contract of sale at any time before the receipt of the disclosure/disclaimer statement or within five (5) days following receipt of the Disclosure/Disclaimer Statement and to the immediate return of any deposit. A buyer’s right to rescind the contract terminates if not exercised (A) before making a written application to a lender for a loan, if the lender discloses in writing at or before the time application is made that the right to rescind terminates upon submission of the application, or (B) within five (5) days following receipt of a written disclosure from a lender who has received the buyer’s application for a mortgage loan, if the lender’s disclosure states that the buyer’s right to rescind terminates at the end of that five (5) day period. Article 10-702 exempts certain transfers or sales from its application: A) the initial sale of a new home: (1) that has never been occupied; or (2) for which a certificate of occupancy has been issued within one year before the buyer and seller enter into a contract of sale; B) certain transfers that are exempt from the state transfer tax; C) a sale by a lender acquiring real property by a foreclosure or deed- in-lieu of foreclosure; D) a sheriff sale, tax sale or sale by foreclosure, partition or by court-appointed trustee; E) a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship or trust; F) a transfer of single family residential real estate to be converted by the buyer into a use other than residential use or to be demolished; or G) a sale of unimproved property.

  13. FLOOD DISCLOSURE NOTICE: Client is advised that the Property or part of the Property may be located in an area established by the government as a “flood plain” or otherwise in an area where flood insurance could be required. The National Flood Insurance Program (“NFIP”) establishes flood insurance policy premiums based on the risk of flooding in the area where properties are located. NFIP premiums are increasing, and in some cases will rise by a substantial amount over the premiums previously charged for flood insurance. As a result, premiums paid for flood insurance on the Property may not be indicative of premiums that will apply after the Property is purchased. Maryland in conjunction with the Federal Emergency Management Agency has been systematically updating flood insurance rate maps. The Property may be affected.

  14. MARYLAND NON-RESIDENT SELLER: Client acknowledges, pursuant to Section 10-912 of the Tax General Article of the Annotated Code of Maryland, that if a seller is:
         
         (A) a non-resident individual of the State of Maryland or is
         (B) a non-resident entity which is not formed under the laws of the State of Maryland and is not qualified by or registered with the Maryland SDAT to do business in the State of Maryland, the deed or other instrument of writing that effects a change of ownership to the Property may not be recorded with the clerk of the court for a county or filed with the Maryland SDAT unless payment is first made by the seller in an amount equal to
                1. 8% of the total payment to a non-resident seller; OR
                2. 8.25% of the total payment to a non-resident entity;
    (NOTE: The amount of the payment for a non-resident individual is subject to adjustment on a recurring basis by the Comptroller of Maryland. The amount of the payment for a non-resident entity is subject, from time to time, to change by an act of the Maryland General Assembly. Client acknowledges that the amount(s) as set forth in a) and b) above may be greater or lesser than the actual amount(s) due by Client at time of settlement.
    UNLESS each Client:

         (A) Certifies, in writing, under the penalties of perjury, that the Client is a resident of the State of Maryland or is a resident entity of the State of Maryland; OR
         (B) Presents to the clerk of the circuit court for a county or the Maryland SDAT a certificate issued by the Comptroller of the State of Maryland stating that: i) there is no tax due in connection with the sale or exchange of the Property; or ii) a reduced amount of tax is due from the seller and the reduced amount is collected by the clerk of the circuit court for a county or the Maryland SDAT before recording or filing; (NOTE: If Client intends to obtain a certificate from the Comptroller’s office, Client should immediately contact the Comptroller at 1-800- MDTAXES. Obtaining the certificate requires a MINIMUM of three (3) weeks); OR
         (C) Has satisfied the tax liability or has provided adequate security to cover such liability; OR
         (D) Certifies, in writing, under the penalties of perjury, that the Property being transferred is the seller’s principal residence. As defined under Maryland law and as used in a) and b) above, the term “total payment” means the net proceeds paid to the seller’s for the Property and associated tangible personal property, less: 1) debts owed by the seller’s and secured by a mortgage or other lien against the Property being paid upon the sale or exchange of the Property and 2) other expenses of the seller’s arising out of the sale or exchange of the Property and disclosed on a settlement statement prepared in connection with the sale or exchange of the Property. “Total payment” includes the fair market value of any property transferred to the Client.

  15. FOREIGN INVESTMENT TAXES – FIRPTA (the Foreign Investment in Real Property Tax Act), Section 1445 of the IRS Code and applicable Treasury Department regulations adopted thereunder (the “Act”) provide that a buyer of residential real property located in the United States must withhold federal income taxes from the payment of the purchase price under certain circumstances. Client agrees to comply with any IRS reporting requirements. If applicable, Client agrees to complete, sign, and deliver to the appropriate party a certificate indicating whether Client is a foreign person or non-resident alien under the Act.

  16. FHA LOAN NOTICE: If the current loan on the property is insured by the Federal Housing Administration, the loan shall be paid in full at settlement in accordance with FHA rules and regulations.

  17. LEGAL CONSTRUCTION: This Agreement is binding upon the parties hereto, and their personal representatives, successors, heirs, and assigns. If this Agreement is signed by more than one person, it shall constitute the joint and several obligations of each. This Agreement contains the entire Agreement of the parties and cannot be changed except by the written agreement of the parties hereto. Client warrants that there are no other existing agreements or conditions other than as set forth herein. By his/her/their signature(s) below, Client represents to Broker that: all information provided by Client to Broker in connection with this Agreement is true and correct, and Broker has the right to rely upon this representation; and that Client hereby indemnifies, holds harmless and will fully compensate Broker for any sums incurred by Broker arising from any claim(s) made against Broker (including Broker’s agents, employees and contractors) arising from any act or omission of Client, including without limitation Client’s failure or refusal to pay any Buyer Agency Co-op Amount under Section 10, above. This is a legally binding Agreement; if not understood, seek competent legal, tax or other professional advice. Client has not relied upon any statement or representation of Broker except as set forth in this Agreement. This Agreement shall be interpreted and construed in accordance with the laws of the State of Maryland.

  18. COMPLIANCE WITH BRIGHTMLS RULES AND REGULATIONS: In entering into this real estate brokerage agreement, both parties acknowledge that the Broker relies solely on the information provided by the seller for the accurate representation of properties within the MLS (Multiple Listing Service) system. The Client acknowledges the rules, regulations, and penalties outlined by BrightMLS and agrees to comply accordingly, as set forth in the link below. It is expressly agreed that should the Client provide false information or violate BrightMLS regulations, they shall be solely responsible for any resulting consequences, which may include expulsion from the system and fines levied against the Broker. Client should familiarize themselves with the rules and regulations associated with multiple listing a property for sale. Furthermore, in the event that the Broker incurs fines from BrightMLS due to false, misleading, or untimely statements or actions by the Client, the Client agrees to promptly reimburse the Broker for any fines imposed by BrightMLS related to such statements or actions. If the seller has any questions or concerns regarding statements or actions that may violate BrightMLS rules, the seller should contact the Broker prior to making any statement or taking any action. Bright rules and regulations can be viewed at this link: https://www.brightmls.com/rules-and-regulations. Client further acknowledges that it is their responsible to promptly informing Broker of any temporary or extended showing restrictions that may require listing changes to accommodate BrightMLS rules and regulations.

SERVICE SPECIFIC DESCRIPTION, TERMS AND CONDITIONS

  1. INITIAL STRATEGY SESSION: Client acknowledges and agrees that any information or guidance provided by Broker during an Initial Strategy Session shall be construed as general real estate consultation and not legal, financial, or tax advice. The session is intended solely to assist Client in understanding the procedural framework and strategic considerations pertinent to the acquisition or disposition of real property. Broker assumes no liability for outcomes arising from Client’s reliance upon such consultation. It is expressly understood that no attorney-client relationship is created through participation in this session.
  1. STANDARD PROPERTY TOURS: This service entails scheduling and facilitating physical or virtual access to properties identified by Client. Broker shall not be held liable for any inability to gain access due to third-party refusal, scheduling conflicts, or limitations imposed by listing brokers or property owners. Broker makes no representations or warranties regarding the condition, value, or legal compliance of any property shown. No fiduciary obligation or agency relationship shall be implied or created absent an executed brokerage agreement expressly defining such terms.

  2. PREMIUM PROPERTY TOURS: Client understands and agrees that Premium Property Tour services may involve direct communication by Broker with listing agents or property owners for the purpose of obtaining disclosures, offer instructions, or clarifying material facts related to the subject property. Any verbal or written statements made by third parties shall not be deemed verified or endorsed by Broker. Broker provides no assurances as to the accuracy, completeness, or legal significance of information relayed by listing-side representatives. This service does not constitute a buyer agency relationship unless expressly defined and executed in a separate agreement.

  3. VIRTUAL CONTRACT CREATION: Client acknowledges that the Virtual Contract Creator operates via automated logic-based prompts and requires the accurate and complete input of data by the Client. Broker neither reviews nor validates the contents of any generated contract. The Client bears sole responsibility for the legal sufficiency, enforceability, and appropriateness of all provisions. Broker makes no representation that such documents will be accepted or honored by the opposing party or any third party involved in the transaction. No communication or negotiation with any counterparty shall occur under this service.

  4. STANDARD CONTRACT CREATION: Client agrees to furnish Broker with all pertinent terms and factual details necessary to prepare a contract for the purchase or sale of real property. Broker shall prepare said contract in accordance with state-sanctioned forms and the instructions of Client. Broker disclaims any responsibility for the negotiation or outcome of said contract, and shall not engage in direct communication with the opposing party or their representative. Client retains full legal responsibility for verifying the accuracy, enforceability, and completeness of the final document.

  5. PREMIUM CONTRACT CREATION: Client understands that this level of service includes Broker’s participation in the formulation, drafting, and strategic negotiation of the terms of a real estate contract. Broker may communicate directly with the opposing party or their representative, subject to the parameters established by Client. All communications shall be documented in accordance with Maryland real estate law. Broker shall not be deemed to provide legal representation, and Client is strongly encouraged to seek independent legal review prior to execution of any binding contract.

  6. STANDARD CONTRACT REVIEW: Under this service, Broker shall review the contract of sale solely for the purpose of identifying internal inconsistencies, missing terms, or areas lacking clarity. Broker shall not interpret legal provisions, assess risk, or provide strategic advice beyond factual clarifications. This service does not include communication with the counterparty or the provision of negotiation services. Client acknowledges that Broker’s review is not a substitute for a legal review and accepts all responsibility for final decisions made in reliance thereon.

  7. PREMIUM CONTRACT REVIEW: Broker shall undertake a comprehensive review of the proposed real estate contract and may communicate directly with the opposing party’s representative for the purpose of clarification or negotiation, at the direction of Client. Broker may offer strategic insight based on professional experience, but shall not provide legal advice. All substantive modifications shall be presented to Client for approval. Client acknowledges that Broker’s role does not extend to legal enforcement, interpretation of non-standard provisions, or representation in any dispute.

  8. VIRTUAL PROPERTY INSPECTION NOTICE (PIN) CREATION: Client acknowledges and affirms that any Property Inspection Notice generated through the automated online tool is based exclusively upon the Client’s responses and data entry. Broker does not verify inspection findings, interpret reports, or participate in the selection or phrasing of requests. The document produced is intended as a structural template and does not carry legal validation. Client assumes full responsibility for ensuring the resulting document accurately reflects their intent, complies with contractual terms, and is delivered in accordance with all applicable deadlines.

  9. STANDARD PROPERTY INSPECTION NOTICE (PIN) CREATION: Broker shall draft a Property Inspection Notice pursuant to Client’s instructions and based solely on the submitted inspection report and specified repair or credit requests. Broker does not interpret the significance of inspection findings, verify the scope of requested remedies, or provide legal advice regarding the document’s contents. Communication with the opposing party is not included in this service. Client bears sole responsibility for reviewing the document and ensuring it aligns with their intended negotiation strategy.

  10. PREMIUM PROPERTY INSPECTION NOTICE (PIN) CREATION: Client authorizes Broker to review the inspection report, formulate recommendations concerning potential remedies, and prepare and submit a Property Inspection Notice to the opposing party. Broker may engage in negotiation on Client’s behalf regarding the proposed terms. Client acknowledges that Broker is not a licensed inspector or attorney, and therefore does not guarantee the sufficiency of any proposed remedy or legal enforceability of the notice. All final decisions remain at the sole discretion of Client.

  11. STANDARD PROPERTY INSPECTION NOTICE (PIN) REVIEW: Broker shall review the Property Inspection Notice and/or response documents for completeness, proper execution, and consistency with contractual formatting standards. No analysis of inspection findings or strategic input will be provided. Broker shall not engage in communication with the counterparty. Client is responsible for addressing substantive content or negotiation points independently or through legal counsel.

  12. PREMIUM PROPERTY INSPECTION NOTICE (PIN) REVIEW: Broker may analyze the inspection findings in conjunction with submitted documentation and advise Client regarding potential remedies or counteroffers. Broker is authorized to communicate with the opposing party’s representative for purposes of negotiation, subject to Client’s direction. Broker does not warrant the legal enforceability of any resulting agreement and shall not be liable for the opposing party’s failure to perform or comply.

  13. STANDARD TRANSACTION MANAGEMENT: Broker shall monitor contract deadlines, coordinate communications among transaction participants, and provide ongoing updates to Client from contract ratification through settlement. Broker’s role is administrative in nature and does not include legal review, warranty of third-party performance, or responsibility for actions outside the scope of Broker’s engagement. Client shall retain final responsibility for fulfilling contractual obligations, providing timely documentation, and verifying settlement readiness.

  14. PREMIUM TRANSACTION MANAGEMENT: In addition to the services provided under the Standard package, Broker shall assist with coordination of post-contract items such as repair access, HOA documentation retrieval, utility setup support, and post-closing concerns. Broker may act as Client’s liaison with third parties, but shall not be deemed liable for their acts or omissions. Client understands that Broker’s involvement does not relieve Client of responsibility for compliance with legal or contractual obligations, and no fiduciary duty shall be deemed to exist except where expressly established through a fully executed brokerage agreement in conjunction with the selection and payment for the associated a la carte service.

  15. CONCIERGE SERVICES: Client acknowledges that Concierge Services are provided to facilitate logistical and administrative tasks incidental to the purchase or sale of real property, including but not limited to coordination of appointments, vendor communication, municipal contact, or document handling. Broker shall act only at the instruction of Client and does not assume responsibility for any third-party services, timeliness of delivery, or accuracy of information. Client agrees that Broker’s performance of these tasks does not constitute legal, financial, or contractual advice and that no agency or fiduciary duty arises unless otherwise expressly agreed in writing.

  16. VIRTUAL PROPERTY DISCLOSURE CREATION: Client affirms that all information entered into the Virtual Property Disclosure tool is accurate, complete, and provided in good faith. Broker does not verify, revise, or certify the information submitted and shall not be held responsible for any claims, omissions, or inaccuracies contained within the final disclosure document. Client is solely responsible for compliance with all applicable laws requiring disclosure of material facts related to the property. No legal review is provided; however, an agency relationship is deemed to exist in accordance with Maryland law upon execution of a valid brokerage agreement and payment for this specific a la carte service granting access to the document creation platform.

  17. PROPERTY ACCESS: Broker may provide supervised access to the subject property for the purpose of facilitating showings, inspections, appraisals, or walk-throughs. Broker shall make reasonable efforts to secure the premises before and after access, but shall not be liable for theft, loss, damage, or injury caused by any third party. Client agrees to indemnify and hold Broker harmless from any and all claims arising from or related to property access provided under this service. This service does not constitute ongoing representation unless separately contracted.

  18. COMPARATIVE MARKET ANALYSIS – FREE AVM: Client acknowledges that the Free Automated Valuation is based on publicly available data, algorithmic estimates, and market trend extrapolations. It does not constitute an appraisal and shall not be used for legal, lending, or valuation purposes. Broker provides no assurance as to the accuracy or applicability of any estimated figures generated by this tool.

  19. COMPARATIVE MARKET ANALYSIS – REMOTE ONLY: Remote CMA services involve Broker’s review of Client-submitted property data, photographs, and available market sales to formulate a pricing recommendation. Broker does not physically inspect the property and relies solely on Client’s representations and publicly available information. No warranty is made as to the completeness or reliability of the result, and Client remains solely responsible for final pricing decisions.

  20. COMPARATIVE MARKET ANALYSIS – ON-SITE: Broker shall visit the subject property to assess visible condition, features, and market readiness, and shall prepare a written analysis of comparable sales and pricing recommendations. Client understands that such analysis is not a certified appraisal and may differ from lender or appraiser valuations. Broker disclaims liability for decisions made in reliance upon any suggested price range or marketing strategy.

  21. STANDARD PROPERTY EVALUATION: Broker shall conduct a site visit to assess the general condition of the property and provide guidance related to market readiness, presentation, and pricing strategy. All commentary and recommendations are based on professional judgment and public data, and are not intended as legal, structural, or environmental assessments. Broker does not guarantee sale price or time on market. Client accepts responsibility for implementing or disregarding any advice given.

  22. PREMIUM PROPERTY EVALUATION: In addition to the elements of the Standard Property Evaluation, Broker may input listing information into MLS (if combined with a listing package), obtain utility data, create public and agent-facing descriptions, and coordinate initial listing setup. Client acknowledges that all recommendations are advisory and that Broker does not assume responsibility for MLS compliance unless separately contracted for ongoing listing management. Final pricing and marketing decisions rest exclusively with the Client.

  23. MLS AND WEB PORTAL DISTRIBUTION: Broker shall submit Client’s listing information to one or more regional multiple listing services (MLS) and third-party web portals to promote exposure of the subject property. Client is solely responsible for furnishing complete and accurate listing data prior to publication. Broker disclaims liability for inaccuracies or omissions in content provided by Client. This service includes initial submission only; any subsequent revisions or updates may incur additional fees. Broker makes no representation or warranty regarding the visibility, engagement, or success of the marketing process. Client is responsible for ensuring that all submitted content complies with local, state, and federal disclosure laws and advertising regulations.

  24. STANDARD PROPERTY DISCLOSURE REVIEW: Client shall submit all disclosure forms intended for buyer review, and Broker shall conduct a good faith assessment to identify any facially apparent errors, omissions, or inconsistencies. Broker’s review is confined to the materials presented and does not include drafting, supplementation, or legal interpretation. Client remains responsible for correcting and ratifying all final documents. Broker does not certify compliance or legal sufficiency, and encourages Client to seek legal counsel if questions regarding compliance arise
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  25. AGENT ASSISTED PROPERTY DISCLOSURE CREATION: Broker shall assist Client in compiling and preparing required disclosure documents based solely upon information provided by the Client. Broker shall not be held liable for inaccuracies, omissions, or nondisclosures, whether known or unknown, at the time of drafting. Client is solely responsible for confirming the accuracy and completeness of all submitted data. All disclosure documents must be reviewed and approved by Client prior to execution. This service does not constitute legal advice or guarantee regulatory compliance. Broker disclaims liability for any post-disclosure claims or disputes.

  26. STANDARD CONTRACT REVIEW: Client shall submit a proposed contract of sale for review. Broker will evaluate the document for internal consistency, standard provisions, and contract structure. Broker does not provide legal advice, risk assessment, or representation. Recommendations regarding potential amendments shall be provided to Client; however, negotiation is not included. Client retains final responsibility for the legal and contractual consequences of all accepted or rejected terms.

  27. STANDARD CONTRACT CREATION: Broker shall prepare a draft contract of sale based solely upon the terms and factual circumstances provided by Client. Document drafting shall follow customary formats and statutory standards but shall not constitute legal representation. Client is responsible for final review, approval, and execution of the contract. Broker disclaims any liability for post-execution disputes or interpretive issues related to contractual language or enforceability.

  28. ONE-ON-ONE ADVISING: Broker shall provide real-time advisory services to assist Client with practical or procedural questions related to a residential real estate transaction. Services are billed in minimum fifteen (15) minute increments. Advice is rendered based on information presented by Client and is not a substitute for independent legal or financial counsel. Broker assumes no liability for decisions made by Client in reliance on these sessions.

  29. SETTLEMENT REVIEW: Client may submit final settlement documentation for Broker’s review to identify clerical discrepancies or compliance concerns. Broker shall not participate in dispute resolution or closing-related legal interpretations. Observations and recommendations shall be conveyed to Client for consideration. Broker disclaims responsibility for final figures, allocation of charges, or completeness of third-party documentation. Clients are advised to consult closing agents or legal professionals for binding advice.