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 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.
(3) 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/ 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.
(4) 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 Section 12.A. below.
(5) 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 internetwebsites 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.
(6) 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.
(7) 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.
(8) 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
(9) 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 Section 1 and Section 4 of the Brokerage Agreement signed by the parties and shall survive the expiration or termination of this Agreement.
(10) 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.
(11) 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.
(12) BROKER’S COMPENSATION: The amount of Broker’s compensation is not prescribed by law or established by any membership organization with which the Broker is affiliated.
(A) Compensation to be Paid by Client: Current à la carte pricing can be found at https://proprdiy.com/shop/ and on each individual service page at Proprdiy.com. The services we provide are subject to change, and any modifications to the pricing shall not render this Agreement invalid. Buyers and sellers have the opportunity to review the current prices before placing an order for services.
(B) Deposit: Select services require a one-time, up front deposit. This deposit will be held by Broker until any of the following occur: settlement has concluded, this Agreement has expired by it’s own terms, or either Seller or Broker elects to cancel this Agreement. At that time, Broker will refund the deposit back to the original payment method used by Client. Client acknowledges the full amount of the deposit will be refunded to the original payment method, subject to any outstanding balances owed to the Broker for services rendered / completed.
(C) Buyer Agency Rebate: In the event that Broker is recognized by any listing broker as the procuring cause of any purchase by Client of any property during the term of this Agreement, AND Client has contracted for AND paid in full for services including but not limited to Contract Creation services (either virtual or licensed agent assisted), AND Contract Negotiation services, only then in that event shall Broker rebate and pay over to Clients any cooperating compensation received from any listing broker. This rebate is subject to and conditioned upon Brokers’ actual receipt of cooperating compensation from any listing broker. In the event Broker does not receive any cooperating compensation from any listing broker, Broker shall have no obligation to Client to pursue payment of any such cooperating compensation irrespective of the reason(s) for Broker not receiving any such cooperating compensation.
GENERAL
(13) 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).
(14) 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.
(15) 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.
(16) 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.
(17) 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.
(18) 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§ion=10-402&enactments=false
(19) 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.
(20) 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.
(21) 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§ion=9-101&enactments=false
(22) 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.
(23) 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.)
(24) 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.
(25) 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.
(26) 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.
(27) 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.
(28) 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.
(29) 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.
(30) 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
(31) MLS AND WEB PORTAL DISTRIBUTION: This service includes the distribution of your property listing to multiple listing services (MLS) and web portals to increase visibility and attract potential buyers.
• The listing information must be provided by the client and reviewed for accuracy before distribution.
• The service covers initial distribution only; any subsequent updates or changes to the listing may incur additional fees.
• This service does not guarantee the sale of the property but aims to increase exposure.
• The client is responsible for ensuring that all provided information complies with local, state, and federal real estate regulations.
• The broker is not liable for any errors or omissions in the listing information provided by the client.
(32) PROPERTY DISCLOSURE REVIEW/CREATION:
(A) Property Disclosure Review: This service involves a thorough review of all property disclosure documents to ensure accuracy and integrity of disclosures.
• The client must provide all necessary disclosure documents for review.
• Our review will focus on identifying any omissions or inaccuracies that could affect the legality and integrity of the disclosures.
• This service does not include drafting or filling out disclosure documents.
• The client is responsible for addressing any issues identified during the review.
• The broker’s review is based on the documents provided and does not constitute a guarantee of compliance or completeness.
(B) Agent Assisted Property Disclosure Creation: This service includes assistance in creating property disclosure documents to ensure that all required disclosures are made accurately and comprehensively.
• The client must provide all relevant information about the property, including known issues, repairs, and any other material facts.
• Our agents will assist in drafting the property disclosure documents based on the information provided by the client.
• The draft disclosure documents will be reviewed with the client to ensure all necessary disclosures have been included.
• The client is responsible for approving the final disclosure documents and ensuring they are accurate and complete before signing.
• This service does not constitute legal advice; clients are encouraged to seek independent legal counsel to review the disclosure documents before signing.
• The broker is not liable for any disputes or issues arising from the disclosures once the documents are signed by the parties.
(C) General Terms and Conditions:
• Both services are provided based on the information and documents supplied by the client. The accuracy and completeness of this information are the client’s responsibility.
• The broker will exercise reasonable care and skill in providing these services but does not guarantee any specific outcomes.
• The broker reserves the right to refuse service if the provided information is incomplete, inaccurate, or deemed insufficient for a thorough review or creation of the disclosure documents.
• All communications and documents related to these services are confidential and will not be shared with third parties without the client’s consent, except as required by law.
• Clients are responsible for complying with all local, state, and federal laws related to real estate transactions.
(33) CONTRACT REVIEW/CREATION:
(A) Contract of Sale Review: This service includes a detailed review of the contract of sale to ensure that all terms and conditions are fair and legally sound.
• The client must submit the contract of sale for review before any agreements are signed.
• The review will cover the contract language, contingencies, timelines, and obligations of both parties.
• Recommendations for amendments or additions will be provided, but the client is responsible for negotiating these changes with the other party.
• This service does not constitute legal advice; clients are encouraged to seek independent legal counsel as needed.
• The broker is not liable for any decisions made by the client based on the review.
(B) Contract of Sale Creation: This service includes the creation of a contract of sale tailored to the specific needs and conditions of the client’s transaction.
• The client must provide all necessary information and documentation required to create the contract, including property details, buyer and seller information, and any specific terms or contingencies.
• The created contract will include standard terms and conditions as well as any specific clauses requested by the client.
• The contract will be delivered in a timely manner, but the client is responsible for reviewing and approving the final document before it is signed.
• This service does not constitute legal advice; clients are encouraged to seek independent legal counsel to review the contract before signing.
• The broker is not liable for any disputes or issues arising from the terms of the contract once it is signed by the parties.
(C) General Terms and Conditions:
• Both services are provided based on the information and documents supplied by the client. The accuracy and completeness of this information are the client’s responsibility.
• The broker will exercise reasonable care and skill in providing these services but does not guarantee any specific outcomes.
• The broker reserves the right to refuse service if the provided information is incomplete, inaccurate, or deemed insufficient for a thorough review or creation of the contract.
• All communications and documents related to these services are confidential and will not be shared with third parties without the client’s consent, except as required by law.
• Clients are responsible for complying with all local, state, and federal laws related to real estate transactions.
(34) ONE ON ONE ADVISING: This service provides personalized advising sessions to assist clients with any aspect of their real estate transaction.
• Advising sessions are scheduled based on availability and may be conducted via phone, video conference, or in person.
• Each session is billed in fifteen (15) or thirty (30) minute increments depending on the order, with a minimum charge for each advising session.
• Advising is based on the information provided by the client; accuracy and completeness of this information are crucial for effective guidance.
• This service does not replace the need for professional legal or financial advice.
• The broker is not liable for any decisions made by the client based on the advising sessions.
(35) CONTRACT NEGOTIATIONS: This service includes professional assistance with negotiating the terms of the contract of sale to achieve the best possible outcome for the client.
• The client must provide a copy of the contract of sale and any counteroffers received.
• Negotiation services will cover price adjustments, contingencies, and other key terms.
• Our role is advisory; the client retains final decision-making authority and responsibility for accepting or rejecting any terms.
• This service does not guarantee a particular outcome and is intended to support the client’s negotiation strategy.
• The broker is not liable for any decisions made by the client based on the negotiation services.
(36) SETTLEMENT REVIEW: This service includes a review of all settlement documents to ensure that the final transaction details are correct and fair.
• The client must provide all relevant settlement documents for review.
• The review will cover the accuracy of financial statements, compliance with agreed terms, and identification of any discrepancies.
• Any identified issues will be communicated to the client, with recommendations for resolution.
• This service does not include the resolution of disputes; clients may need to engage additional professionals for this purpose.
• The broker’s review is based on the documents provided and does not constitute a guarantee of accuracy or completeness.