Registration: Terms of Use & Broker Services Agreement NORTHEAST CLOVIS TERMS OF USE AGREEMENT By clicking the checkbox preceding the statement, "I agree to the Terms of Use," I agree, as consideration for access to and use of the services available to me at this website, to make the representations and warranties, and abide by the terms and conditions set forth in the following Terms of Use agreement: 1. I represent and warrant that I am over the age of majority, legally competent to make this Agreement, and a bona fide buyer or seller of real estate who is not a party to an exclusive brokerage services agreement with any other real estate broker or firm and that I am not an active real estate licensee; 2. I hereby grant the independently owned and operated Prudential Real Estate franchisee ("Prudential Real Estate") my express written consent to engage in unsolicited communications with me for a period of up to 18 months from the latest to occur of one of the following events: (1) the last day I accessed my Prudential Real Estate account created by me pursuant to this TOU, (2) the day any listing agreement, buyer's agency agreement, or transaction brokerage agreement between me and Prudential Real Estate expires, is cancelled or otherwise terminates, (3) the day I abandon my use of the services of any specific Prudential Real Estate agent to acquire one or more parcels of real property, or (4) the closing occurs of any sale or purchase of property in which I received brokerage services from Prudential Real Estate. Such unsolicited communications may take place by email at the email address I used for registration, or at any alternative email address that I may provide to Prudential Real Estate in the future; 3. When conducting a search for available properties for sale or rent, I agree to enter property search criteria (such as price range, location, and other features) that are a good faith representation of the types of properties that I am interested in, and financially capable of acquiring or leasing, or that represent properties similar to the property I have available for sale or lease. I understand that Prudential Real Estate will limit the number of properties displayed to me in response to my search requests based upon Prudential Real Estate's sole determination of the reasonable number of properties appropriate to be displayed in response to a single search request, given existing market conditions, total number of matching listings in the MLS database compilation, and other "reasonable use" restrictions deemed appropriate by Prudential Real Estate, which may vary from market to market and from time to time; 4. I agree that, as between Prudential Real Estate and me, any electronic or printed real estate listing data, or other content derived from the Prudential Real Estate website ("Site Materials"), constitute the copyrighted and proprietary property of Prudential Real Estate or third parties from whom Prudential Real Estate has secured permission to display such Materials on Prudential Real Estate's website. I will use these Site Materials solely for my private and non-commercial use in conjunction with my evaluation of a potential real estate transaction to which I may, in good faith, become a party. I will not copy, commercialize, sell, license, swap, or otherwise make the Site Materials available to any third party, nor will I assist others in doing so; 5. I will use my best efforts to cooperate with Prudential Real Estate on reasonable terms and conditions in the event Prudential Real Estate deems it necessary to seek to enjoin or otherwise prohibit the unauthorized use of the Site Materials by a third party, which use may have resulted from my access to the Prudential Real Estate website; 6. PRUDENTIAL REAL ESTATE EXPRESSLY DISCLAIMS ANY WARRANTIES WHATSOEVER CONCERNING THE ACCURACY OR RELIABILITY OF THE LISTING DATA OR ANY OTHER SITE MATERIALS ACCESSIBLE FROM THE PRUDENTIAL REAL ESTATE WEBSITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I AGREE THAT ANY AND ALL SITE MATERIALS, INCLUDING ANY LISTING DATA IS PROVIDED TO ME IN AN "AS IS" CONDITION; 7. I AGREE THAT PRUDENTIAL REAL ESTATE SHALL NOT BE LIABLE TO ME FOR ANY DAMAGES OF ANY KIND WHATSOEVER BY REASON OF MY RELIANCE UPON, OR USE OF, THE SITE MATERIALS, INCLUDING ANY COMPENSATORY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FINES OR ASSESSMENTS; 8. I agree to defend, indemnify, and hold harmless Prudential Real Estate from any damages, costs, and expenses, including attorneys fees and litigation costs and expenses at trial or on appeal, arising from any claim by a third party based upon my use or display of the Site Materials; 9. I agree that my unauthorized use of the Site Materials will cause injury to Prudential Real Estate that cannot adequately be remedied by money damages, and that Prudential Real Estate shall be entitled to preliminary or permanent injunctive relief to enjoin my unauthorized use of the Site Materials, which injunctive relief shall be in addition to any other remedies available to Prudential Real Estate at law. If Prudential Real Estate is successful in securing a preliminary injunction order against me, I waive any obligation of Prudential Real Estate to post a security bond in conjunction therewith; 10. I understand that Prudential Real Estate is entering into a brokerage relationship with me as evidenced by a Northeast Clovis Broker Services Agreement included and following this Terms of Use agreement and I agree to abide by the terms and conditions of said Broker Services Agreement as Buyer; 11. Notwithstanding Paragraphs 10 and 11, I agree that by reason of my accessing the Site Materials available on the Prudential Real Estate website, I have become a bona fide customer of Prudential Real Estate who is seeking information about real estate brokerage services relating to my potential purchase, lease, or sale of real estate of the type, location, and price range specified in any searches I have performed, or will perform, using the Site Materials and the functionality available to me at the Prudential Real Estate website; 12. I agree that this Terms Of Use Agreement shall be governed by the laws of the State of New Jersey applicable to contracts made and performed entirely in the State. Any suit brought by either Party to enforce the terms and conditions of this Terms Of Use Agreement shall be brought in the state or federal courts that have jurisdiction over the City of Newark, New Jersey. I agree not to contest the personal jurisdiction of such courts. If Prudential Real Estate prevails in any suit against me to enforce its rights under this Terms of Use Agreement, I agree that the Court may enter an award on behalf of Prudential Real Estate and against me for Prudential Real Estate's reasonable attorney's fees, costs, and litigation expenses associated with such suit, or the appeal of any judgment or award rendered on behalf of Prudential Real Estate; 13. I agree that I will not attempt to contact the seller of any property that I have identified by using Prudential Real Estate's website and that I will not attempt to enter onto any such property except through an appointment arranged by an agent or employee of Prudential Real Estate; and, 14. In the event this Agreement is terminated for any reason, other than its extension, renewal, or replacement by a subsequent agreement between the parties, the following paragraphs shall survive: 1, 2, 4, 5, 6, 7, 8, 9, 10, 12, 13, and 14. USER Name: <insert name> Signed Electronically On: <insert date and time> Address: <insert address> City, State, Zip: <insert city, state, zip> Phone: <insert phone> E-Mail: <insert e-mail> NORTHEAST CLOVIS BROKER SERVICES AGREEMENT BROKER WILL PROVIDE THE FOLLOWING: (A) Community Profile booklet with over 110 pages about Clovis and surrounding area; (B) Access to exclusive Northeast Clovis Web Site; (C) Access to a team of REALTORS® knowledgeable in the Northeast Clovis community working to locate your home; (D) Assistance in locating private-inventory, new-construction homes in Northeast Clovis not on MLS; (E) Access to lenders with most competitive rates specializing in Northeast Clovis; (F) New listing notices of homes entering the market in Northeast Clovis; and, (G) Access to quality builders in Northeast Clovis. BROKER DUTIES: Each Broker is obligated to disclose Broker Duties. Please acknowledge receipt of this information by signing, initialing at the bottom of the page, or accepting electronically. Prior to the time a Broker generates or presents any written document that has the potential to become an Express Written agreement, the Broker shall disclose in writing or electronically to a prospective buyer, seller, landlord or tenant, the following list of Broker Duties that are owed to all Customers and Clients by all Brokers: (A) Honesty and reasonable care; as set forth in the provisions of this section; (B) Compliance with local, state, and federal fair housing and anti-discrimination laws, the New Mexico Real Estate License Law and the Real Estate Commission Rules and Regulations, and other applicable local, state, and federal laws and regulations; (C) Performance of any and all oral or written agreements made with the Broker's Customer or Client; (D) Assistance to the Broker's Customer or Client in completing the Transaction, unless otherwise agreed to in writing by the Customer or Client, including (1) Presentation of all offers or counter-offers in a timely manner, and (2) Assistance in complying with the terms and conditions of the contract and with the closing of the Transaction. If the Broker in a Transaction is not providing the service, advice or assistance described in paragraphs (D)(1) and (2), the Customer or Client must agree in writing that the Broker is not expected to provide such service, advice or assistance, and the Broker shall disclose such agreement in writing to the other Brokers involved in the Transaction; (E) Acknowledgment by the Broker that there may be matters related to the Transaction that are outside the Broker's knowledge or expertise and that the Broker will suggest that the Customer or Client seek expert advice on these matters; (F) Prompt accounting for all monies or property received by the Broker; (G) Prior to the time a Broker generates or presents any written document that has the potential to become an Express Written Agreement, written disclosure of (1) any written Brokerage Relationship the Broker has with any other Parties to the Transaction and/or (2) any material interest or relationship of a business, personal, or family nature that the Broker has in the Transaction; (H) Disclosure of any adverse material facts actually known by the Broker about the property or the Transaction, or about the financial ability of the Parties to the Transaction to complete the Transaction. Adverse material facts do not include data from a sex offender registry or the existence of group homes; (I) Maintenance of any confidential information learned in the course of any prior Agency relationship unless the disclosure is with the former Client's consent or is required by law; (J) Unless otherwise authorized in writing, a Broker shall not disclose to their Customer or Client during the transaction that their seller client or customer has previously indicated they will accept a sales price less than the asking or listed price of a property; that their buyer client or customer has previously indicated they will pay a sales price greater than the price submitted in a written offer; the motivation of their client or customer for selling or buying property; that their seller client or customer or their buyer client or customer will agree to financing terms other than those offered; or any other information requested in writing by the Broker's Customer or Client to remain confidential, unless disclosure is required by law. 1. BROKERAGE RELATIONSHIP. The Brokerage and Buyer agree that Broker is providing services to Buyer as a Transaction Broker without creating an agency relationship. Broker and Buyer will owe each other loyalty. It is the parties' intention to minimize the likelihood that Buyer will be held liable for the acts and omissions of the Broker and to eliminate the possibility that Broker is held liable to Buyer under agency law. 2. BUYER COMMITMENT. Buyer grants to the Brokerage the exclusive right to assist Buyer in locating and purchasing real property in New Mexico, unless otherwise agreed to in writing by Brokerage. Buyer will not work with any other real estate licensee or without Broker to locate, view, negotiate, or purchase any type of property described in this Paragraph. 3. TERM. The term of this Agreement will begin on the date this agreement is accepted electronically or otherwise by Buyer and terminate at 11:59 p.m. one year later, or if a property is under contract on the date the Agreement would otherwise terminate, the term will automatically be extended through closing or other final disposition of that property. The word "Term" will include all extensions. 4. DUTIES OF BROKER. During the term of this Agreement Broker will: A. Become familiar with Buyer's property requirements; B. Assist Buyer to locate suitable properties; C. Assist Buyer to locate financing; D. Assist Buyer to prepare offers (including providing information concerning comparable properties); E. Assist Buyer in negotiating acquisition terms; F. Assist Buyer in monitoring pre-closing and closing procedures; G. Act solely for Buyer in any transaction and renounce all express or implied offers of subagency from Seller or Seller's Broker, unless otherwise specifically and expressly agreed to by Buyer in writing; and H. Notify Buyer electronically when new properties enter the market, prices change to existing properties, or new photographs of properties become available. 5. BUYER'S OBLIGATIONS. Buyer will: A. Provide accurate, up to date, complete information about Buyer's property requirements, financial qualifications, and relevant personal situation and hold Broker harmless from any liability resulting from inaccurate or incomplete information supplied by Buyer. B. Refer to Broker all inquiries from any source. C. Act in good faith with Broker and in all negotiations for property subject to this Agreement. D. Buyer agrees to provide an e-mail address to Broker and permits Broker to communicate to Buyer as much as Broker deems necessary. 6. COMPENSATION. A. Buyer will pay Broker firm 6% (Six Percent) of selling price as compensation plus applicable gross receipts tax. Broker will use Broker's best efforts to collect compensation from the seller or the listing broker. Any amount collected will be credited against any amount due from Buyer. In the event Seller's offer of compensation is other than the above amount, Broker will notify Buyer in writing before Buyer signs a Purchase Agreement. B. Buyer agrees that Broker has no duty to inform Buyer of, or show Buyer, any properties with respect to which compensation is less than $6,000.00 (Six Thousand Dollars) plus applicable gross receipts tax, unless Buyer agrees in writing to pay the difference between what is offered and the amount stated herein. C. Compensation must be paid upon the occurrence of any of the following: (1) Buyer or any other person acting on behalf of Buyer enters into an agreement to acquire, or does acquire, any property subject to this Agreement during the term of this Agreement, whether or not Buyer sought the assistance of Broker. If any such transaction fails to close because of a default of the Seller, compensation otherwise due will be waived; if because of a default of Buyer, compensation due under this Agreement will not be waived. (2) Within 180 days after termination of this Agreement, if Buyer or anyone acting on behalf of Buyer acquires any real property subject to this Agreement which Broker submitted to Buyer during the term of this Agreement or within ten (10) days after the term of this Agreement. However, this provision will not apply if Buyer enters into another exclusive agreement covering the same property or type of property covered by this Agreement with another licensed real estate Broker which is effective during the period set forth in the first sentence of this subparagraph. 7. OTHER POTENTIAL BUYERS. Buyer acknowledges that Broker may make known to other buyer clients or customers the same or similar properties as Buyer is seeking to acquire and Buyer consents to this activity of Broker. 8. AUTHORIZATION. Broker is permitted to disclose the sale price of any property purchased by Buyer under this Agreement to a multiple listing service or listing exchange. 9. NON-DISCRIMINATION. RESIDENTIAL: Buyer understands that federal housing laws, the New Mexico Human Rights Act, and the New Mexico Real Estate Commission Regulations prohibit discrimination in the sale, rental, appraisal, financing, or advertising of housing or other property on the basis of race, age, color, religion, sex, sexual orientation, gender identity, familial status, spousal affiliation, physical or mental handicap, national origin, or ancestry. COMMERCIAL: Seller understands that the New Mexico Human Rights Act prohibits discrimination in the sale or lease of any real property on the basis of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical or mental handicap or spousal affiliation. 10. EXPERT ASSISTANCE. Broker advises Buyer to obtain expert assistance regarding legal, tax, and accounting matters or matters relating to zoning, surveying, inspections, construction, hazardous materials, engineering, or other matters which are not within the expertise of Broker. Broker shall have no liability with respect to such matters. 11. FACSIMILE TRANSMISSION. The facsimile transmission of a signed copy of this or any document in this transaction will constitute delivery of that document. 12. MEDIATION. If a dispute arises between the parties relating to this Agreement, the parties agree to submit the dispute to mediation. The parties will jointly appoint a mediator and will share equally the costs of the mediation. If a mediator cannot be agreed on or mediation is unsuccessful, the parties may enforce their rights and obligations under this Agreement in any manner provided by New Mexico law. 13. EARNEST MONEY. In the event of a controversy, the holder of the earnest money may choose to take no action, or may choose to file an interpleader action. Interpleader is a legal proceeding whereby the holder of the earnest money names the Buyer and the Seller as defendants and deposits the funds in question with an appropriate court. The court holds the funds and distributes the funds only after a legal determination is made by the court. The prevailing party and the holder of the earnest money are entitled to request recovery of all courts costs and reasonable attorneys' fees related to the dispute from the non-prevailing party. 14. FARMS AND RANCHES. The Agricultural Foreign Investment Disclosure Act (AFIDA) requires disclosure of a transfer of interest in certain agricultural land (including farms and ranches) to or from a foreign person to the Agricultural Stabilization and Conservation Service within 90 days of the transaction, on a form provided by the ASCS. AFIDA does not apply to agricultural land if in the aggregate it is not more than 10 acres and if the gross annual receipts from sale of farm, ranch, farming or timber products do not exceed $1000.00. A "foreign person" is certain foreign corporations or a person who is not a citizen of the U.S. or certain of its possessions, who is not a permanent resident and who is not paroled into the U.S. Buyer is not a foreign person as defined in this paragraph. 15. MISCELLANEOUS. This document and any addenda attached and initialed by the parties or incorporated by reference contains the entire agreement of the parties and supersedes all prior agreements or representations. This Agreement may be amended or canceled only by a writing signed by both parties. This Agreement shall be construed in accordance with New Mexico law. If either party uses the services of an attorney to enforce the party's rights or the other's obligations under this Agreement, the damages will include attorneys' fees and costs. Time is of the essence of this Agreement. 16. ADDITIONAL TERMS. BUYER Name: <insert name> Signed Electronically On: <insert date and time> Address: <insert address> City, State, Zip: <insert city, state, zip> Phone: <insert phone> E-Mail: <insert e-mail> BROKER Broker Firm: Prudential Master Properties By: Doug Downs, Associate Broker (Broker is a REALTOR®) Signed Electronically On: <insert date and time> doug@clovis.org (505)760-2319 813 N Norris, Clovis, New Mexico 88101 (505)762-0599 Office (505)762-7624 FAX …END OF AGREEMENT… First/Last Name* Address City State Zip I agree to the Terms of Use I agree to the Brokerage Services Agreement E-Mail* Password Confirm Password Phone#