Accommodation Services, additional Terms & Conditions
- DEFINITIONS AND INTERPRETATIONS: The following section one (1) defines who will be referred to as the Client and agency for the remainder of the document.
- DEFINITIONS AND INTERPRETATIONS: For the purposes of this client Representation Agreement (“Authority” or “Agreement”), “client” includes renter and tenant, a “seller” includes a vendor, a landlord or a prospective seller, vendor or landlord and a “real estate board” includes a real estate association or agency. A purchase or rental agreement shall be deemed to include the entering into of any agreement to exchange, or the obtaining of an option to purchase or rent which is subsequently exercised, and a lease includes any rental agreement, sub-lease or renewal of a lease. This Agreement shall be read with all changes of gender or number required by the context. For purposes of this Agreement, anyone shown or introduced or shown the property shall be deemed to include any spouse, heirs, executors, administrators, successors, assigns, related corporations and affiliated corporations. Related corporations or affiliated corporations shall include any corporation where one half or a majority of the shareholders, directors or officers of the related or affiliated corporation are the same person(s) as the shareholders, directors, or officers of the corporation introduced to or shown the property.
- COMMISSION: In consideration of the Brokerage undertaking to assist the client, the client agrees to pay commission to the Brokerage as follows: If, during the currency of this Agreement, the client enters into an agreement to purchase or lease a real property of the general description indicated above, the client agrees the Brokerage is entitled to receive and retain any commission offered by a listing brokerage or by the seller. The client understands that the amount of commission offered by a listing brokerage or by the seller may be greater or less than the commission stated below. The client understands that the Brokerage will inform the client of the amount of commission to be paid to the Brokerage by the listing brokerage or the seller at the earliest practical opportunity. The client acknowledges that the payment of any commission by the listing brokerage or the seller will not make the Brokerage either the agent or sub-agent of the listing brokerage or the seller. If, during the currency of this Agreement, the client enters into an agreement to purchase or lease any property of the general description indicated above, the client agrees that the Brokerage is entitled to be paid a commission of 3-7% of the sale price of the property. The client agrees to pay directly to the Brokerage any deficiency between this amount and the amount, if any, to be paid to the Brokerage by a listing brokerage or by the seller. The client understands that if the Brokerage is not to be paid any commission by a listing brokerage or by the seller, the client will pay the Brokerage the full amount of commission indicated above. The client agrees to pay the Brokerage such commission if the client enters into an agreement within 60 days after the expiration of this Agreement (Holdover Period) to purchase or lease any real property shown or introduced to the client from any source whatsoever during the term of this Agreement, provided, however, that if the client enters into a new representation agreement with another registered real estate brokerage after the expiration of this Agreement, the client’s liability to pay commission to the Brokerage shall be reduced by the amount paid to the other brokerage under the new agreement. The client agrees to pay such commission as described above even if a transaction contemplated by an agreement to purchase or lease agreed to or accepted by the client or anyone on the client’s behalf is not completed, if such non-completion is owing or attributable to the client’s default or neglect. Said commission, plus any applicable taxes, shall be payable on the date set for completion of the purchase of the property or, in the case of a lease or tenancy, the earlier of the date of occupancy by the tenant or the date set for commencement of the lease or tenancy. All amounts set out as commission are to be paid plus applicable federal Goods and Services Tax (GST) on such commission.
- REFERRAL OF PROPERTIES: The client agrees that the service will include the showing of up to six (6) properties or assets, matching as closely as possible the requirements stated by the client in the Accommodations entry form. The company may, at it’s discursion, offer more showings at an amount and time of it’s choosing. During the currency of this client Representation Agreement the client will act in good faith and work with the Brokerage for the purchase or lease of a real property of the general description indicated above. The client agrees that they shall have no further claim towards the Brokerage after receiving said showings and/or the expiry of some or all available assets should they be taken off-market. During the currency of this Agreement, the client shall advise the Brokerage immediately of any property of interest to the client that came to the client’s attention from any source whatsoever, and all offers to purchase or lease submitted by the Buyer shall be submitted through the Brokerage to the seller. If the Buyer fails to advise the Brokerage of any property of interest to the client that came to the client’s attention during the currency of this Agreement and the client arranges a valid offer to purchase or lease the property during the currency of this Agreement or within the Holdover Period after expiration of this agreement, the client agrees to pay the Brokerage the amount of commission set out above, payable within (5) days following the Brokerage’s written demand therefor.
- INDEMNIFICATION: The Brokerage and representatives of the Brokerage are trained in dealing in real estate but are not qualified in determining the physical condition of the land or any improvements thereon. The client agrees that the Brokerage will not be liable for any defects, whether latent or patent, to the land or improvements thereon. All information supplied by the seller or landlord or the listing brokerage may not have been verified and is not warranted by the Brokerage as being accurate and will be relied on by the client at the client’s own risk. The client acknowledges having been advised to make their own enquiries to confirm the condition of the property. The client also understands and accepts that the assets shown are available on the market, and may be acted on by other interested parties. The Brokerage cannot guarantee the asset’s long-term availability, and swift action on the client’s part is recommended.
- USE AND DISTRIBUTION OF INFORMATION: The client consents to the collection, use and disclosure of personal information by the Brokerage for such purposes that relate to the real estate services provided by the Brokerage to the client including, but not limited to: locating, assessing and qualifying properties for the client; advertising on behalf of the client; providing information as needed to third parties retained by the client to assist in a transaction (e.g. financial institutions, building inspectors, etc…); and such other use of the client’s information as is consistent with the services provided by the Brokerage in connection with the purchase or prospective purchase of the property. The client agrees that the sale and related information regarding any property purchased by the client through the Brokerage may be retained and disclosed by the Brokerage and/or real estate board(s) (if the property is an MLS® Listing) for reporting, appraisal and statistical purposes and for such other use of the information as the Brokerage and/or board deems appropriate in connection with the listing, marketing and selling of real estate, including conducting comparative market analyses.
