SERVICES FEE AGREEMENT
This is a legal agreement (“Agreement”) between you as agent/agency of seller or buyer in connection with a sale or purchase of real estate (hereinafter "Agent/Agency", “you” or “your”) and Choice Home Warranty (“CHW”). BY YOUR SUBMISSION OF A HOME WARRANTY CONTRACT ON BEHALF OF YOUR CLIENT AND/OR BY CLICKING ON THE “I Agree” BUTTON ASSOCIATED WITH THIS ELECTRONIC AGREEMENT, YOU ARE CONSENTING TO BE BOUND BY ITS TERMS. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THE TERMS IN THIS AGREEMENT, DO NOT CLICK THE “I Agree” BUTTON.
In consideration for the services to be performed by Agent as described in the Agreement and the CHW Home Warranty Worksheet, CHW agrees to remit to the Agent a warranty services fee for each fully funded CHW Warranty for which Agent performs the services listed. CHW agrees to pay a services fee of $75, which at your election can be applied against the contract price. Payment shall be made by the 1st of each month for all funded warranties placed in production in the prior month.
I. PAYMENT OF SERVCIES FEE.  The fee payable hereunder is to remunerate Agent for such services rendered by Agent to CHW in compliance with applicable federal and state laws and regulations, including but not limited to the Real Estate Settlement Procedures Act of 1974 (“RESPA”). CHW will only be obligated to pay fees for services rendered by you as Agent, and CHW will not pay any fees for the referral of a contract. CHW may adjust such fee (including to zero) if in its sole and reasonable discretion concludes that the services rendered hereunder are not fully or adequately performed by Agent.
II. SERVICES TO BE PROVIDED
A. As needed, assist the CHW Home Warranty purchaser (“Purchaser”) to complete the Home Warranty Application Form, including seller/buyer and property information and coverage options, and transmit the application to CHW.
B. Complete the CHW Home Warranty Worksheet and transmit it to CHW per the instructions on the worksheet. Please retain the worksheet and all applicable documents and provide a copy to CHW as requested.
C. Provide CHW with the home buyer information and name of settlement provider so that CHW can invoice for the collection of funds at closing.
D. Assist in the collection of the appropriate home warranty payment or, if not collected, verify that the proper amount is reflected on HUD1 settlement statement.
E. As requested by CHW, provide contact information for the new Purchaser (i.e. phone number, email address, etc.) if this was not provided prior to or at closing.
F. As requested by CHW, validate that customer has received contract terms and conditions after closing.
G. As requested by CHW, assist in resolving disputes between CHW and seller/buyer during the initial coverage period and thereafter upon reasonable request.
H. Disclose to the purchaser the relationship with CHW and Agent under this Agreement.
III. LIMITATIONS OF LIABILITY. In no event will Agent, Agency or CHW and/or its administrators, be liable hereunder or in connection with: (A) The CHW Home Warranty contract submitted hereunder or (B) the purchase or sale of any real estate, for any indirect, special, incidental, consequential, exemplary or punitive damages, however caused and under any theory of liability, including but not limited to contract, tort, statutory or otherwise, and whether or not an entity was or should have been aware or advised of the possibility of such damage. IN NO EVENT WILL AGENT'S, AGENCY’S OR CHW'S AND/OR ITS ADMINISTRATOR'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT OF SERVICE FEES PAID HEREUNDER.
IV. TERMINATION.  The term of this Agreement (the “Term”) will start on the date that you complete the registration page(s) and accept the terms and conditions of this Agreement and shall continue thereafter for a period of one (1) year. Thereafter, the Term will automatically renew for one (1) year extensions until terminated as provided herein. Either party may terminate this Agreement for such party’s convenience, upon prior written or email notice to the other party. In addition, this Agreement will terminate immediately upon written notice to you if you fail to comply with any of its terms. Upon any termination, all rights granted to you under this Agreement shall immediately terminate. This Agreement shall supersede and replace any previous agreement related to the provision of these similar warranty services by and between Agent and CHW.
V. MISCELLANEOUS. This Agreement shall be interpreted under and governed by the laws of the State of New Jersey. Any controversy or claim arising out of or relating to this Agreement, or to the breach thereof, shall be settled by binding arbitration, in the State of New Jersey, administered by the American Arbitration Association in accordance with its Commercial Mediation Rules and judgment on having jurisdiction thereof. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability. Any and all disputes, claims and causes of action arising out of or connected with this Agreement shall be resolved individually, without resort to any form of class action.

 

Homeowners Family