Terms and Conditions
Prospective Purchaser hereby accepts the Terms and Conditions of Vera Realty by submitting the Contact
/Appointment form presented on the current website.
Prospective Purchaser warrants that Prospective Purchaser has not consulted or dealt with
any
other
broker,
salesperson, agent or finder other than Vera Realty LLC nor has the Prospective Purchaser's expression
of
interest herein been procured by any real estate broker, salesperson, agent or finder other than Vera
Realty
LLC.
Prospective Purchaser enters into an Exclusive Buyer Brokerage Agreement where the:
- PARTIES: ("Buyer") Current Prospective purchaser, who signed up
to
receive more
information grants ("Broker") Nick Polyushkin Vera Realty LLC Real Estate
Broker
/
Office the
exclusive right to work with and assist Buyer in locating and negotiating the acquisition of
suitable
real
property as described below. The term "acquire" or "acquisition" includes
any
purchase,
option,
exchange, lease or other acquisition of an ownership or equity interest in real property.
- TERM: This Agreement will begin on the day of filling out the contact form by
Prospective
purchaser which will be time logged by our system and will terminate at 11:59 p.m.on the same
day
on the next year (after 365 days) ("Termination Date"). However, if Buyer enters into
an
agreement
to
acquire property that is pending on the Termination Date, this Agreement will continue in effect
until
that transaction has closed or otherwise terminated.
- PROPERTY: Buyer is interested in acquiring real property as follows or as otherwise
acceptable to
Buyer ("Property"): (a) Type of property: (b) Location: (c) Price range: $ 100 to $
100,000,000
Buyer
has been ᴑ pre-qualified ᴑ pre-approved by for (amount and terms, if any) (d) Preferred terms
and
conditions.
- BROKER’S OBLIGATIONS: (a) Broker Assistance. Broker will * use Broker’s
professional
knowledge
and skills; * assist Buyer in determining Buyer’s financial capability and financing options; *
discuss
property requirements and assist Buyer in locating and viewing suitable properties; * assist
Buyer
to
contract for property, monitor deadlines and close any resulting transaction; * cooperate with
real
estate licensees working with the seller, if any, to affect a transaction. Buyer understands
that
even
if Broker is compensated by a seller or a real estate licensee who is working with a seller,
such
compensation does not compromise Broker’s duties to Buyer. (b) Other Buyers. Buyer understands
that Broker may work with other prospective buyers who want to acquire the same property as
Buyer. If Broker submits offers by competing buyers, Broker will notify Buyer that a competing
offer
has been made, but will not disclose any of the offer’s material terms or conditions. Buyer
agrees
that Broker may make competing buyers aware of the existence of any offer Buyer makes, so long
as
Broker does not reveal any material terms or conditions of the offer without Buyer’s prior
written
consent. (c) Fair Housing. Broker adheres to the principles expressed in the Fair Housing Act
and
will
not participate in any act that unlawfully discriminates on the basis of race, color, religion,
sex,
handicap, familial status, country of national origin or any other category protected under
federal,
state or local law. (d) Service Providers. Broker does not warrant or guarantee products or
services
provided by any third party whom Broker, at Buyer’s request, refers or recommends to Buyer in
connection with property acquisition.
- BUYER’S OBLIGATIONS: Buyer agrees to cooperate with Broker in accomplishing the
objectives
of
this Agreement, including: (a) Conducting all negotiations and efforts to locate suitable
property
only
through Broker and referring to Broker all inquiries of any kind from real estate licensees,
property
owners or any other source. If Buyer contacts or is contacted by a seller or a real estate
licensee
who
is working with a seller or views a property unaccompanied by Broker, Buyer, will, at first
opportunity, advise the seller or real estate licensee that Buyer is working with and
represented
exclusively by Broker. (b) Providing Broker with accurate personal and financial information
requested by Broker in connection with ensuring Buyer’s ability to acquire property. Buyer
authorizes Broker to run a credit check to verify Buyer’s credit information. (c) Being
available to
meet with Broker at reasonable times for consultations and to view properties. (d) Indemnifying
and
holding Broker harmless from and against all losses, damages, costs and expenses of any kind,
including attorney’s fees, and from liability to any person, that Broker incurs because of
acting on
Buyer’s behalf. (e) Not asking or expecting to restrict the acquisition of a property according
to
race,
color, religion, sex, handicap, familial status, country of national origin or any other
category
protected under federal, state or local law. (f) Consulting an appropriate professional for
legal,
tax,
environmental, engineering, foreign reporting requirements and other specialized advice.
- RETAINER: Upon final execution of this Agreement, Buyer will pay to Broker a
non-refundable
retainer fee of $0 for Broker’s services ("Retainer"). This fee is not refundable and
ᴑ
will
be
credited
to Buyer if compensation is earned by Broker as specified in this Agreement.
- COMPENSATION: Broker’s compensation is earned when, during the term of this
Agreement
or
any renewal or extension, Buyer or any person acting for or on behalf of Buyer contracts to
acquire
real property as specified in this Agreement. Buyer will be responsible for paying Broker the
amount
specified below plus any applicable taxes but will be credited with any amount which Broker
receives from a seller or a real estate licensee who is working with a seller. (a) Purchase or
exchange:
6% plus $495 of the total purchase price or other consideration for the acquired property, to be
paid
at closing. (b) Lease: 5 % plus $ 495 of the gross lease value, to be paid when Buyer enters
into
the
lease. If Buyer enters into a leasepurchase agreement, the amount of the leasing fee which
Broker
receives will be credited toward the amount due Broker for the purchase. (c) Option: Broker will
be
paid 6 % of the option amount, to be paid when Buyer enters into the option agreement. If Buyer
enters into a lease with option to purchase, Broker will be compensated for both the lease and
the
option. If Buyer subsequently exercises the option, the amounts received by Broker for the lease
and
option will be credited toward the amount due Broker for the purchase. (d) Other: Broker will be
compensated for all other types of acquisitions as if such acquisition were a purchase or
exchange.
(e) Buyer Default: Buyer will pay Broker’s compensation immediately upon Buyer’s default on any
contract to acquire property.
- PROTECTION PERIOD: Buyer will pay Broker’s compensation if, within 365 days after
Termination
Date, Buyer contracts to acquire any property which was called to Buyer’s attention by Broker or
any
other person or found by Buyer during the term of this Agreement. Buyer’s obligation to pay
Broker’s fee ceases upon Buyer entering into a good faith exclusive buyer brokerage agreement
with
another broker after Termination Date.
- EARLY TERMINATION: Buyer may terminate this Agreement at any time by written notice
to
Broker but will remain responsible for paying Broker’s compensation if, from the early
termination
date to Termination Date plus Protection Period, if applicable, Buyer contracts to acquire any
property which, prior to the early termination date, was found by Buyer or called to Buyer’s
attention by Broker or any other person. Broker may terminate this Agreement at any time by
written notice to Buyer, in which event Buyer will be released from all further obligations
under
this
Agreement.
- DISPUTE RESOLUTION: Any unresolvable dispute between Buyer and Broker will be
mediated.
If
a settlement is not reached in mediation, the matter will be submitted to binding arbitration in
accordance with the rules of the American Arbitration Association or other mutually agreeable
arbitrator.
- ASSIGNMENT; PERSONS BOUND: Broker may assign thisAgreement to another broker. This
Agreement will bind and inure to Broker’s and Buyer’s heirs, personal representatives,
successors
and assigns.
- BROKERAGE RELATIONSHIP: Broker will act as a transaction broker. Broker will deal
honestly
and
fairly; will account for all funds; will use skill, care, and diligence in the transaction; will
disclose
all
known facts that materially affect the value of the residential property which are not readily
observable to buyer; will present all offers and counteroffers in a timely manner unless
directed
otherwise in writing; and will have limited confidentiality with Buyer unless waived in writing.
- ACKNOWLEDGMENT; MODIFICATIONS: Buyer has read this Agreement and understands its
contents. This Agreement cannot be changed except by written agreement signed by both parties.