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No Risk Strategy
This information has been provided for transparency purposes, when condidering listing a property for sale with the Kirkpatrick Team. This information has been provided for transparency purposes, when considering listing a property for sale with the Kirkpatrick Team in implementing our No Risk Strategy. The information here is to provide a comprehensive understanding of these terms for home sellers. 

Communication Guarantee Clause
We are committed to maintaining regular communication with the seller throughout the listing period, as agreed upon in writing. If we fail to uphold this commitment and do not communicate as promised, we will pay the seller side escrow fee, as a credit reduction from the listing commission on behalf of the seller. This credit is limited to include the escrow fee only, of the seller side and shall be allocated to no more than the base fee, plus the per thousand cost as determined by escrow upon the closing.  

To enforce this clause, the following conditions must be met:
  1. Elevate Real Estate Agency listing agent compensation indicated in the residential listing agreement must be no less than 2.5% and honored at time of such enforcement
  2. Seller must submit a written request to Agent for the credit within 72 hours of the communication lapse.
  3. Transaction escrow must be provided solely by MVP Escrow, an affiliate company of Elevate Real Estate Agency
If these conditions are satisfied, we will honor the payment adjustment as a credit against commission in favor of the seller at the time of closing of escrow.

Easy Exit Guarantee 
Although a Seller can request a listing contract to be put on hold or put into an inactive status at any time, incurring no cost if they are no longer interested in marketing their property for sale, sometimes a cancellation may be more effective, especially in the case of changing brokers. Should the Seller decide to cancel the agreement with the Broker for any reason, they can do so, at any time. However, if it is executed before a specific number of days, agreed by both parties from the original listing date Not counting "coming soon" and as agreed upon by both parties, a cancellation fee of $500 or as otherwise agreed will be charged to the Seller for service rendered. This fee will be used to compensate the Broker for their time and work completed, information provided and resources used in marketing the property for sale. This provision aims to give the seller the option to terminate by cancelation of the listing agreement if needed while also protecting the broker/agent available resources and effort already provided. 

21-Days or Pay Us Nothing
By agreeing to this clause in writing, the seller authorizes the Elevate Real Estate Agency-Kirkpatrick team to list and sell their property at a mutually agreed market price of $[AMOUNT]. This agreement is subject to the following conditions:
The property listing, whether newly created or the remaining term of an existing listing contract with the broker, must be no longer than a total of 21 days. The 21-day term can be adjusted if agreed to in writing by both parties. 

The seller must grant the agent unrestricted access to show the property throughout the entire listing period. The seller must be acceptable to the Kirkpatrick Teams terms and Performance Guarantee Model. This requires at least 15 items of 21 being selected within the model. 

If the seller and listing broker/agent decide to extend the original listing period, relist the property after the 21-day period, or should seller later decide to enter into escrow with a buyer who was procured during the listing period, after the 21 days have passed, then the full commission as agreed upon in the RLA-listing agreement will be applicable and due upon the sale of the property.

Sell High Or Pay Less 
Seller and Broker/Agent agree that a specified number of days within the listing period will be designated as a "fair marketing period" for the Broker/Agent to market the property and present an acceptable offer, as defined by the terms of the listing agreement. If the Broker/Agent is unable to deliver an acceptable offer within this timeframe, the seller may request, in writing, a reduction in the broker/agent’s commission to 1% after the fair marketing period has expired. The 1% compensation fee is exclusive or independent of any agreed buyer agent compensation. 
However, if a pending, present, or submitted offer exists at the time of such a request, the request for a commission reduction will be void until such an offer is deemed unacceptable according to the listing agreement.
To enforce this clause:
  1. The Broker’s compensation at the time of the request must have been at least 3% as specified in Section C (1), 4a of the Residential Listing Agreement (RLA).
  2. The seller must submit a written request for the commission reduction within 72 hours after the expiration of the agreed fair marketing period, provided no pending offers exist at that time.
  3. Any named buyers or offers disclosed or submitted by the Broker/Agent during the fair marketing period will be subject to the full commission as originally agreed upon in Section C (1), 4a of the RLA.
  4. There must be a written and mutually agreed-upon marketing plan in place at the time of the request.
 
Cancellation and Compensation Terms
If the seller decides to cancel the listing contract for any reason during the listing term, or if the broker/agent receives a commission at closing that is less than 3%, the broker/agent will be entitled to:
  1. Any agreed-upon cancellation fee specified and mutually accepted in writing by the parties.
  2. Reimbursement for any upfront costs incurred by the broker/agent on behalf of the seller. This includes, but is not limited to, expenses for home inspections, home warranties, appraisals, professional photos, and other related costs.
  3. The broker/agent will provide a detailed statement of these fees and costs to the seller, either through escrow as a credit or by written documentation upon the seller's request for cancellation. Payment for these amounts must be received by the broker/agent before the cancellation can be executed and enforced. In the event of an escrow closing, such reimbursement will be due from the seller and paid through the closing process.


In order for any of the stipulations mentioned in this disclosure page to hold legal weight, they must be explicitly stated in a valid listing agreement and/or in an attached amendment of agreement and mutually consented to by all involved parties.






 

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Marty had an incredible experience selling her house with Kevin. Despite facing significant challenges, Kevin stepped up and helpe...
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1325 Corona Pointe Ct #102
Corona, CA 92879
951-444-4256
info@kirkpatrickteam.com

DRE# 00886786

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