SC Buyer Handbook Vicky Mitchener and Ducie Stark

About Us

Who

We’re the people you want at your side. Friends at heart. Professionals in practice and mind. We train our agents to be the best. Then we back them up with a world-class team.

Every agent of ours must meet a certain experience level and criteria to join us.

Where

Charlotte. The Queen City. Our first love. Our home.

2330 Randolph Road Charlotte, NC 28207

dickensmitchener.com 704.342.1000

As agents, we know this city’s neighborhoods like our closest circle of friends. We tend to this relationship as much as we do our connections to you. Place matters. Knowledge counts.

How

Agents who help more people end up better at their jobs. It’s like going to the gym — the more you go, the better your results. This is why we only have full-time, fully committed agents. We train them constantly on the changing market, new tech, negotiation strategies and people skills.

We get to work with top-of-the-line agents. You get what you want, wrapped in the best possible experience.

Vicky Mitchener

OWNER/BROKER

704-517-0177

vmitchener@dickensmitchener.com Milestones & Memberships

• CEO Global

• World Presidents Organization (YPO Southern 7 Gold)

• International Women’s Forum Carolinas Member

• GRI Certification

• Founder of the Homeowners Impact Fund

• Former Charlotte Chamber of Commerce Board Member

• Canopy Multiple Listing Services

• Canopy REALTOR® Association

• North Carolina Association of REALTORS®

• National Association of REALTORS®

hello neighbor!

About Me

• North Carolina native Vicky Mitchener is the high-energy driving force behind the Dickens Mitchener team of real estate professionals.

• After graduating from Wake Forest University with a degree in political science, Mitchener began an award-winning career as an executive with Xerox.

• After five fulfilling years of travel, promotions, and intense corporate sales, this executive-turned-sales rep was ready for yet another career change and challenge.

• In 1988, Mitchener became a licensed REALTOR® and eagerly entered the competitive Charlotte real estate market where she quickly established herself as one of the city’s top agents.

• Mitchener was not entirely satisfied with the inside operations of the local real estate industry. It was apparent to her that technology and marketing were exactly what the real estate industry was lacking.

• Her vision was to create a forward-thinking, innovative, and strategic real estate firm based on the latest technologies and shared information. The goal was to simplify the entire process of real estate for both the agents and more importantly for the clients.

• She brings more than 30 years of experience to the table and impressive sales of more than $30 million per year.

Fun Facts

• One of seven children, she grew up in the small town of Morganton, N.C.

• She and her husband Bill live in Charlotte’s Eastover neighborhood and are the proud parents of three daughters.

• Entrepreneur of the Year by the Charlotte Chamber of Commerce in 1997

• Women in Business Award from the Charlotte Business Journal in 1998

• Two-time recipient of the Fast 50 Business Journal Award

• She is a member of Christ Episcopal Church

• Enthusiastic community volunteer, a former pilot, and an avid snow skier

• CEO Global

• Former Mint Museum Board of Trustees

• Former Charlotte Country Day School Board of Trustees

• Wake Forest University Advisory Board

Ducie Stark

REALTOR®/BROKER

704-641-5398

dstark@dickensmitchener.com

hello neighbor!

About Me

• Prior to selling real estate, she was a litigation attorney. She practiced in both North Carolina and South Carolina and continues to hold an active law license in North Carolina. Her legal background provides a thorough understanding of the contracts and negotiation processes involved in purchasing and selling homes.

• Ducie brings over 19 years of experience as a full-time REALTOR® and has continually excelled at representing her clients’ best interests.

• Ducie is originally from South Carolina but has lived in Charlotte for more than 24 years.

• After graduating from Ashley Hall in Charleston, S.C., she attended Vanderbilt University in Nashville, TN, and graduated from the College of Charleston in Charleston, SC.

Milestones & Memberships

• Dickens Mitchener 2022 & 2023 Top Agent

• Dickens Mitchener Top Producer since 2009

• Canopy Multiple Listing Services

• Canopy REALTOR® Association

• National Association of REALTORS®

• North Carolina Association of REALTORS®

• South Carolina Association of REALTORS®

• North Carolina & South Carolina Bar Associations

• Real Estate Section of the Mecklenburg County Bar

• Christ Church Member

• Upon graduation, she lived in Washington, D.C. for four years where she worked as a writer and editor for the Executive Office for U.S. Attorneys for the Department of Justice.

• Following her time in D.C., she returned to South Carolina to attend the University of South Carolina School of Law.

Fun Facts

• During college, she also spent a semester abroad in Seville, Spain.

• She has two daughters and enjoys traveling and sports.

• Licensed Attorney in North Carolina (Active) and South Carolina (Inactive)

• Christ Church Member

• Active supporter of Let Me Run, Furnish for Good, Juvenile Diabetes Research Foundation, Roof Above & 24 Hours of Booty

• Homeowners Impact Fund Patron 2020-2024

THE IMPORTANCE OF BUYER REPRESENTATION

YOUR HOME BUYING ADVOCATE AND TRUSTED ADVISOR

Having representation from a Buyer’s Agent is the only way that you can be confident that you have someone looking out for your best interests and allowing you to make informed real estate decisions.

ALIGNMENT WITH A PROFESSIONAL

Our high quality reputation is backed by its membership in Leading Real Estate Companies of the World® an invitation only global community in over 70 countries. Membership is awarded to firms based on rigorous standards for service and performance.

UNPARALLELED MARKET KNOWLEDGE

Our brokerage is rooted in the communities we serve. We possess deep local knowledge, an understanding of local housing regulations and trends to help you make smarter, informed decisions. We bring an authentic “Main Street” perspective to real estate that many of our competitors cannot claim.

NEGOTIATION WITH MARKET EXPERTISE

Understanding your goals, desires and concerns Is fundamental to skillful negotiation, coupled with strong market knowledge and financial acumen. Your Buyer’s Agent will work on your behalf and negotiate the best possible price and terms for your home purchase.

SERVICES TAILORED TO YOUR NEEDS

Our services are distinctive, extensive, and personalized for you, as our longstanding reputation was built on consistently delivering high performance to every client. Our strong local culture is well-aligned with your market-specific needs.

A STREAMLINED PROCESS

Your Buyer’s Agent will simplify the process and guide you through the necessary steps making the most efficient use of your time. From your home search and negotiation to contract and closing. These are just some of the steps where your Buyer’s Agent will facilitate.

✓ Market Analysis

✓ Lender Pre-Approval

✓ Offer

✓ Negotiation

✓ Contract Review and Approval

✓ Purchase Agreement Finalized

✓ Home Loan Approval

✓ Inspection/Due Diligence

✓ Apply for Home Insurance

✓ Title Exam

✓ Loan Approval

✓ Prepare Finances and Documents for Closing

The Home Buying Process

Meet With A Real Estate Salesperson

Discuss the type of home you’re looking for, including style, price and location.

The Real Estate Salesperson will review the SC Disclosure of Real Estate Brokerage Relationship and the Exclusive Right to Buy Buyer Agency Agreement with you. You will be asked to sign these agreements to hire our firm to represent you.

Get Pre-Approved

You will need pay stubs, W2s and bank statements. Knowing what you can afford is critical to a succesful home buying experience.

Search For Homes

The fun part! Your agent will schedule showings and help you find the perfect home.

ADVANCED SEARCH: not all real estate websites are the same. Your real estate professional has tools and systems to ensure you see every available home that meets your criteria.

Make An Offer

Your agent will prepare the offer based on the price and terms you choose. At this time we will determine who is paying the buyer agency fee: you the Buyer, the Seller, or a combination of the two.

Negotiating & Contract

Your agent will offer advice on best strategies and negotiate.

Under Contract

You and the seller have agreed to the price and terms.

Due Diligence

You will hire an attorney and inspector. You will order a survey and appraisal.

Preparing For Closing

You will be finalizing your loan, reviewing documents and securing your homeowners insurance policy.

Closing

The transfer of funds and ownership. An attorney typically acts as an independent third party to facilitate the CLOSING.

CONSUMER GUIDE TO WRITTEN BUYER AGREEMENTS

Why am I being asked to sign this?

If you’re a homebuyer working with an agent who is a REALTOR®, it means you are working with a professional ethically obligated to work in your best interest As of August 17, 2024, you will be asked to sign a written buyer agreement after you’ve chosen the professional you want to work with. Here’s what you should know about these agreements:

What is a “written buyer agreement?” What does it do? A written buyer agreement is an agreement between you and your real estate professional outlining the services your real estate professional will provide you, and what they will be paid for those services.

Why am I being asked to sign an agreement? Written buyer agreements became a nationwide requirement for many real estate professionals as a part of the National Association of REALTORS®’ proposed settlement of litigation related to broker commissions. The requirement went into effect on August 17, 2024.

Are these agreements new? In some places, yes. Many states have required them for years, while some have not. As a result, it is entirely possible you or others you know have not used them in the recent past. Regardless, they are now a nationwide requirement for many real estate professionals

Are these agreements negotiable? Yes! You should feel empowered to negotiate any aspect of the agreement with your real estate professional, such as the services you want to receive, the length of the agreement, and the compensation, if any. Compensation between you and your real estate professional is negotiable and not set by law. In the written agreement, the compensation must be clearly defined (e.g., $0, X flat fee, X percent, X hourly rate) and not open-ended or a range. Only sign an agreement that reflects what you have agreed to with your real estate professional.

How do I benefit from these agreements? These agreements clearly lay out what services you (as a homebuyer) expect your real estate professional to provide, and what your real estate professional will be paid. These agreements make things clear and reduce any potential confusion at the outset of your relationship with your real estate professional

When do I need to sign an agreement? You will be asked to enter into a written buyer agreement with your real estate professional before “touring” a home with them, either in-person or virtually. If you are simply visiting an open house on your own or asking a real estate professional about their services, you do not need to sign a written buyer agreement.

Does this mean I have to pay my real estate professional out of pocket? Not necessarily. While you are responsible for paying your real estate professional as outlined by your agreement, you can still request, negotiate for, and receive compensation for your real estate professional from the seller or their agent.

Do agreements dictate a specific type of relationship I need to have with my real estate professional? No you are allowed to enter into any type of business relationship with your real estate professional allowed by state law where you live.

Can I change or exit an agreement? Yes. You and your real estate professional can mutually agree to change your agreement. Agreements may have specific conditions under which they can be exited, so read the text of the agreement and speak with your real estate professional if you would like to change or exit your agreement.

Please visit facts.realtor for more information, and consult your real estate professional or attorney for more information about state law where you live.

REALTORS® are members of the National Association of REALTORS®

Options of Buyer Agent Compensation

Options of Buyer Agent Compensation

OPTION 1

Buyer pays the total amount agreed upon in paragraph 5 of SCR Form 130, (Exclusive Right to Buy, Buyer Agency Form).

OPTION 2

Listing Brokerage pays Buyers Broker compensation as negotiated through SCR Form 120 (Compensation Agreement).

There are multiple ways for a buyer side brokerage (e.g., buyer agency brokerage, buyer side transaction brokerage) to properly pay and or receive compensation. Here are a few:

OPTION 3

Buyer brokerage compensation is paid through a combination of negotiated compensation on SCR Form 120 (Compensation Agreement) and the remaining amount in paragraph 5 of SCR Form 130(Exclusive Right to Buy, Buyer Agency Form) is paid for by the buyer.

Applying For A Loan

Lenders require that you complete several forms for your home loan application. Some of the forms need to be entirely filled out, signed and dated. Others only need to be signed and dated in certain sections.

Below is a list of items that your lender will need from you.

Bank statements for the past 2 months

Pay stubs for past 30 days

Address history for the past 2 years

Employment history for the past 2 years

W2’s/1099 for the past 2 years

Past two years’ federal tax returns

Signed copy of offer to purchase & contract

IF APPLICABLE:

Gift letter (If you are having someone help you with the down payment)

Year-to-date profit and loss statement and balance sheet (if self-employed)

List of any other properties owned

Divorce decree (if applicable)

Complete bankruptcy documents (if you have declared bankruptcy in the last 10 years)

Photo I.D.

Under Contract Timeline

CONTRACT

DATE

CLOSING

DATE

Financing

Due Diligence

This is your opportunity to conduct inspections on the property.

Buyer’s Right To Terminate

You may terminate your contract during this period if you aren’t satisfied with the inspection findings. If you terminate, you will be obligated to pay the seller the termination fee agreed to in the contract.

- 100

Due Diligence Ends

After your due diligence ends, you may have several days or weeks before closing (depending on the terms of your contract).

Termite/CL

Apprasial

Under Contract Guide

In order to provide you with the very best service, the following is a guide to let you know what to expect as we move toward closing.

ONCE CONTRACT IS SIGNED & DELIVERED TO YOU

2-3 WEEKS BEFORE CLOSING

Immediately proceed with your loan process & inform me of the lender you’ve chosen

Set file up for closing with an Attorney

Perform inspections & specialized evaluations

Negotiate repairs with Seller

Attorney to perform title search & order a property survey

Lender to order appraisal and other HOA documents

Review any restrictive covenants, bylaws if applicable

Obtain homeowners insurance

Confirm your desire to move forward with the contract

DAY OF CLOSING OR DAY BEFORE CLOSING

Arrange for utilities to be connected or transferred for the day of closing (see Convenience List)

Schedule re-inspection of repair items and obtain proof complete

Determine if you prefer re-inspections or a walk-through and we can schedule those

Schedule final walk-through on the day before closing

Confirm day and time keys will be released to you

Schedule movers & deliveries

Schedule appointment to wire funds to Attorney for closing

Perform a final walk-through of your new home

Receive and review your Closing Disclosure statement

Wire funds to Attorney

All Buyers must bring drivers license to close

AFTER CLOSING

Welcome Home!

Buying Costs & Fees

Below is a list of typical buying costs and definitions. Some charges may not apply to your situation.

Appraisal Fee: $400-$800 varies by loan type and property. Charged by the appraiser for an estimate of the value of the home.

Attorney Fee: $800+ charged by the Closing Attorney providing title search & facilitating closing.

Buyer Agency Fee: The compensation to our firm as outlined in the Exclusive Right to Buy Buyer Agency Agreement.

Credit Report: $15-$75, obtained through a credit reporting agency to ascertain the Buyer’s debts, payment habits, etc.

Discount Points: If desired to reduce the interest rate, one point is 1% of the loan amount. They are charged by the Lender as a yield on a certain interest rate.

General Home Inspections: $450+, professional evaluation of the condition of the home.

Homeowners Insurance: Usually 14+ months required at closing for first years worth of coverage plus extra for escrow account.

Loan Origination Fee: Usually 1% of the loan amount, charged by the Lender for processing the loan documents and the closing documents.

Prepaid Interest: Interest is charged at closing for the day of closing plus any days left in the month of closing.

Private Mortgage Insurance: Fees differ depending on percentage of down payment. Required to offset foreclosures on loans with less than 20% down.

Recording Fees (Deeds): $25+ charged to record the legal documents that transfer title to the property.

Real Property Taxes: Annual tax bill will be pro-rated at closing.

Structural Inspection: $500+ if required, checks potential structural defects of the house.

Survey: $500+. Provides plat with lot dimensions, easements, encroachments, setbacks.

Termite Letter: $85-$120, required by the Lender to be certain the home is free from wood destroying insects & pests.

Title Insurance: $2/$1000 of sales price. Protects Buyer from loss sustained by back taxes, liens or encumbrances.

Love it. Forms

SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIP

Pursuant to South Carolina Real Estate License Law in S.C. Code of Laws Section 40-57-370, a real estate licensee is required to provide you a meaningful explanation of agency relationships offered by the licensee’s brokerage firm. This must be done at the first practical opportunity when you and the licensee have substantive contact.

Before you begin to work with a real estate licensee, including being shown a home (or any property), it is important for you to know the difference between a broker-in-charge and associated licensees. The broker-in- charge is the person in charge of a real estate brokerage firm. Associated licensees may work only through a broker-in-charge. In other words, when you choose to work with any real estate licensee, your business relationship is legally with the brokerage firm and not with the associated licensee.

A real estate brokerage firm and its associated licensees can provide buyers and sellers valuable real estate services, whether in the form of basic customer services, or through client-level agency representation. The services you can expect will depend upon the legal relationship you establish with the brokerage firm. It is important for you to discuss the following information with the real estate licensee and agree on whether in your business relationship you will be a customer or a client.

You Are a Customer of the Brokerage Firm

South Carolina license law defines customers as buyers or sellers who choose NOT to establish an agency relationship. The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose “material adverse facts” about the property or the transaction which are within the licensee’s knowledge.

Unless or until you enter into a written agreement with the brokerage firm for agency representation, you are considered a “customer” of the brokerage firm, and the brokerage firm will not act as your agent. As a customer, you should not expect the brokerage firm or its licensees to promote your best interest.

Customer service does not require a written agreement; therefore, you are not committed to the brokerage firm in any way unless a transaction broker agreement or compensation agreement obligates you otherwise.

Transaction Brokerage

A real estate brokerage firm may offer transaction brokerage in accordance with S.C. Code of Laws Section 40- 57-350. Transaction broker means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. The duties of a brokerage firm offering transaction brokerage relationship to a customer can be found in S.C. Code of Laws Section 40-57-350(L)(2).

You Can Become a Client of the Brokerage Firm

Clients receive more services than customers. If client status is offered by the real estate brokerage firm, you can become a client by entering into a written agency agreement requiring the brokerage firm and its associated licensees to act as an agent on your behalf and promote your best interests. If you choose to become a client, you will be asked to confirm in your written representation agreement that you received this agency relationships disclosure document in a timely manner.

A seller becomes a client of a real estate brokerage firm by signing a formal listing agreement with the brokerage firm. For a seller to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the seller and the brokerage firm which becomes the agent for the seller.

A buyer becomes a client of a real estate brokerage firm by signing a formal buyer agency agreement with the brokerage firm. For a buyer to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the buyer and the brokerage firm which becomes the agent for the buyer.

If you enter into a written agency agreement, as a client, the real estate brokerage has the following clientlevel duties: obedience, loyalty, disclosure, confidentiality, accounting, and reasonable skill and care. Client-level services also include advice, counsel and assistance in negotiations.

Single Agency

When the brokerage firm represents only one client in the same transaction (the seller or the buyer), it is called single agency.

Dual Agency

Dual agency exists when the real estate brokerage firm has two clients in one transaction – a seller client and a buyer client. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to represent both you and the other client in a disclosed dual agency relationship.

Disclosed Dual Agency

SAMPLE

In a disclosed dual agency, the brokerage firm’s representation duties are limited because the buyer and seller have recognized conflicts of interest. Both clients’ interests are represented by the brokerage firm. As a disclosed dual agent, the brokerage firm and its associated licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning the price negotiations, terms, or factors motivating the buyer/client to buy or the seller/client to sell. Each Dual Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.

Designated Agency

In designated agency, a broker-in-charge may designate individual associated licensees to act solely on behalf of each client. Designated agents are not limited by the brokerage firm’s agency relationship with the other client, but instead have a duty to promote the best interest of their clients, including negotiating a price. The broker-in- charge remains a disclosed dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other client in a designated agency. Each Designated Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.

It’s Your Choice

As a real estate consumer in South Carolina, it is your choice as to the type and nature of services you receive.

• You can choose to remain a customer and represent yourself, with or without a transaction broker agreement.

• You can choose to hire the brokerage firm for representation through a written agency agreement.

• If represented by the brokerage firm, you can decide whether to go forward under the shared services of dual agency or designated agency or to remain in single agency.

If you plan to become a client of a brokerage firm, the licensee will explain the agreement to you fully and answer questions you may have about the agreement. Until you enter into a representation agreement with the brokerage firm, you are considered a customer and the brokerage firm cannot be your advocate, cannot advise you on price or terms, and only provides limited confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise.

By signing this disclosure, you do not agree to pay a commission or any other compensation to a brokerage firm. The brokerage firm will not receive compensation from any source for showing homes or property to you as a customer without a separate written agreement. The amount, rate, and source of any compensation paid to a brokerage firm will be contained in a separate written agreement. The brokerage firm may not receive compensation from any source that exceeds the amount or rate agreed to in their agreement with a buyer or seller, except with full knowledge and written consent to all parties. Commissions are fully negotiable and not set by law.

The choice of service belongs to you the South Carolina Consumer.

Acknowledgement of Receipt:

Signature: Date:

Brokerage Firm Name:

Signature: Date:

This form has been approved by the South Carolina Real Estate Commission for use in explaining representation and compensation in real estate transactions and consumer rights as a buyer or seller. Reprinting without permission is permitted provided no changes or modifications are made.

PARTIES:

BUYER(S):

BROKERAGE FIRM:

EXCLUSIVE RIGHT TO BUY BUYER AGENCY CONTRACT

1. APPOINTMENT OF BROKER: The undersigned buyer (“Buyer”) engages the undersigned brokerage firm through its Broker in Charge and its associated licensees (“Broker”) to represent Buyer concerning purchase of the below-selected real property type(s) situated in the following locations (“Geographic Area”). By appointing Broker as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for the types of property described in Section 2 below through Broker, and refer to Broker all inquiries made to Buyer about such properties from other brokers, salespersons, sellers and others during the term of this contract. "Negotiation" as used in this agreement shall mean property shown, negotiated, or information requested by Buyer through Broker.

2. PURPOSE OF AGENCY: Buyer desires to purchase or lease real property (which may include items of personal property) described as follows:

Type: ☐ Residential ☐ Commercial ☐ Industrial ☐ Vacant Land ☐ Other

General Description:

Approximate Price Range: $

General Location:

Preferred Terms:

Other:

3. LENGTH OF AGREEMENT: This agreement shall begin on the date signed by Buyer and Broker, and will automatically end on (date) at 11:59 p.m., or upon the closing or termination of any then-pending transaction, whichever is later (“Term”). This agreement can only be terminated before this date if both Broker and Buyer sign a Release from this Agreement (Form 255). There is no unilateral right to terminate by either party.

4. BROKER’S EFFORTS: Broker will exercise good faith efforts to: (a) locate and present suitable Properties to Buyer; (b) at Buyer’s request, tour and prepare an analysis of specific Properties; (c) help Buyer negotiate and secure a contract to purchase Property; (d) cooperate with any real estate licensee working with a seller to facilitate Buyer’s purchase of a Property; (e) at the request of the Buyer, perform other services reasonably necessary to select and purchase Properties; (f) Broker shall not inform Buyer that Broker’s services are free or at no cost unless Buyer is not required to make any payment under this Contract and Broker will not receive any compensation from the seller, seller’s broker or any other source related to Buyer’s purchase.

5. CONSENT TO DISCLOSED DUAL AGENCY/DESIGNATED AGENCY: (INITIAL APPLICABLE CHOICES)

Buyer acknowledges receiving an explanation of the types of agency relationships that are offered by brokerage and a South Carolina Disclosure of Real Estate Brokerage Relationships form at the first practical opportunity at which substantive contact occurred between the Broker and Buyer.

Buyer acknowledges that after entering into this written agency contract, agent might request a modification in order to act as a dual agent or a designated agent in a specific transaction. If asked:

Permission to act as a dual agent will not be considered.

Permission to act as a dual agent may be considered at the time I am provided with information about the other party to a transaction. If Buyer agrees, Buyer will execute a separate written Dual Agency Agreement.

Permission to act as a designated agent will not be considered.

Permission to act as a designated agent may be considered at the time I am provided with information about the other party to a transaction. If Buyer agrees, Buyer will execute a separate written Designated Agency Agreement.

6. BUYER DUTIES: Buyer will view, tour, and/or conduct any real estate activity ONLY with Broker which includes all negotiations for the Property in good faith, and exclusively through Broker. Buyer understands that signing more than one buyer-broker representation agreement for any overlapping period of time could expose Buyer to paying additional fees. Buyer is not a party to any active, exclusive buyer-broker representation agreement that has the same terms or scope as Section 2 and/or 3 of this agreement. Buyer agrees to allow Broker to provide a copy of this agreement to the Closing Attorney.

SAMPLE

7. BROKER FEE: Buyer agrees to pay Broker, as provided below (the “Broker Fee”) for any Properties involving Broker’s efforts (Section 4). Brokers fees will be deemed earned when Buyer is under contract to purchase any property presented by Broker or negotiated by Buyer. This fee will be due and payable at closing or upon Buyer’s default. If Buyer defaults, the total compensation that would have been due to Broker will be due and payable immediately in cash from the Buyer. Broker Fees are not set by law and are fully negotiable between Broker and Buyer. This Section survives the expiration or earlier cancellation of this

Compensation:

Broker Fee: (initial only one)

______(initials) % of the gross purchase price of the Property (as reflected on the final settlement statement); or

______(initials) Exactly $ ; or

______(initials) Other: _______________________________.

Bonuses (In Addition to Broker Fee):

______(initials) Buyer agrees to allow the Broker to accept in addition to the Broker Fee above a bonus offered and paid by Seller or Listing Brokerage of _____% of the gross purchase price of the Property or $_______________. If no bonus is offered this selection will not apply.

______(initials) Retainer Fee:

A retainer fee $ due and payable upon the signing of this contract. This fee ☐ shall or ☐ shall not be credited against the Brokerage fee.

______(initials) Administrative Fee:

Buyer shall pay Broker an Administrative Fee of $_____________to be paid ☐ no later than calendar days of the signing of this contract at closing regardless of whether or not Buyer purchases any property or ☐ at closing. (Check applicable subsection.)

☐ This Administrative Fee shall be the only fee due Broker from Buyer under the terms of this Contract.

☐ This Administrative Fee shall be credited against the Brokerage Fee described above and shall be kept by Broker whether or not a Brokerage Fee is earned.

☐ This Administrative Fee shall be credited against the Brokerage Fee described above and shall be kept by Broker whether or not a Brokerage Fee is earned, unless Buyer enters into a purchase and sale agreement. In the event that Buyer enters into a purchase and sale agreement, Buyer and Broker agree that the above Administrative Fee will be credited against the Brokerage Fee in subsection (a) above.

☐ This Administrative Fee will be kept by the Broker and will not be credited against any Brokerage Fee described above.

Credit to Buyer at Closing: Buyer may choose to negotiate that the Broker Fee be paid, in whole or in part, by the seller, through a seller credit to Buyer, at closing. At Buyer’s instructions, Broker will make this request in the Buyer’s offer to purchase the property.

Direct Seller/Listing Broker to Buyer Broker Compensation: Buyer ☐ does ☐ does not authorize Broker to request that the Broker Fee be paid, in whole or in part, by the seller/listing broker, to Broker, at closing. Any such arrangement will be in writing in a separate compensation agreement between the seller/listing broker and Broker. Buyer understands that Broker cannot communicate directly with the Seller, if Seller is represented by another Broker.

Any amounts paid by the Seller/Listing Broker, towards the Broker Fee, shall reduce the amount of the Broker Fee to be paid by Buyer. In no event will Broker retain a Broker Fee that exceeds what is specified in this Section 7.

Protection Period: If within ______days after the expiration of this Contract Buyer purchases or leases any property that Broker has shown him during the term of this Contract, Buyer will pay Broker the Brokerage Fee stated in Section 7 of this agreement

8. OTHER BUYERS: Buyer understands that other potential buyers have entered into similar agency contracts with Broker which may involve the purchase or lease, through Broker of the same or similar property or properties as Buyer is attempting to purchase or lease. Buyer consents to Broker's representation of such other buyers. Broker agrees not to give Buyer's confidential information to such other buyers and not to give such other buyers' confidential information to Buyer unless otherwise agreed. Broker will provide Buyer with the Multiple Buyer Disclosure (SCR Form 140) should they become aware of a multiple buyer situation.

SAMPLE

9. FAIR HOUSING: Broker and Buyer agree that all actions carried out under this contract shall be in full compliance with the REALTOR® Code of Ethics and with local, state, and federal fair housing laws against discrimination on the basis of race, color,

10. SEX OFFENDER REGISTRY: Consumer may obtain information about the sex offender registry and persons registered with the registry by contacting the local County Sherriff’s Office and South Carolina Law Enforcement Division on the Internet at: https://scor.sled.sc.gov

11. DUTIES: Broker has provided Consumer both a copy of the “South Carolina Disclosure of Brokerage Relationships” form and a meaningful explanation of brokerage relationships provided by Broker in accordance with South Carolina Real Estate License Law.

12. BROKER LIABILITY LIMITATION: Buyer and Seller acknowledge that Broker(s) will not, under any circumstances except for gross negligence, have any liability greater than the total compensation amount paid to Broker(s) by the Buyer and/or Seller. Broker(s) will not, under any circumstances except for gross negligence, have any liability for any loss of funds in the transaction due to wire or other cyber or electronic fraud.

13. SURVEILLANCE: Buyer is advised that properties they enter may have both audio and video surveillance. Broker advises buyer to be aware of possible surveillance and conduct any and all communications about the potential property offsite.

14. PROFESSIONAL COUNSEL: Buyer acknowledges that Broker is being retained solely as a real estate agent and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider. Buyer agrees to seek professional advice concerning the condition of the property, legal, tax and other professi onal service matters.

15. CONTINGENCIES:

16. ENTIRE BINDING AGREEMENT: This written instrument, including the additional terms and conditions set forth on the reverse, expresses the entire agreement and all promises, covenants, and warranties between the Buyer and Broker. It can be changed only by a subsequently written instrument signed by both parties.

17. AMENDMENT: Any amendment to this agreement must be in writing and signed by Broker and Buyer.

THIS IS A LEGALLY BINDING AGREEMENT. BUYER SHALL SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. BUYER AND BROKER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND COPY OF THE SC DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS FORM. BUYER AGREES TO RECEIVE COMMUNICATIONS FROM BROKER AT THE EMAIL ADDRESS, AND PHONE NUMBER LISTED BELOW.

Buyer

Buyer

Buyer

Email:

Date Time Phone: Fax:

Email:

Date Time Phone: Fax:

Email:

Date Time Phone: Fax:

Email:

Buyer Date Time Phone: Fax:

Buyer Address:

COMPENSATION AGREEMENT - SELLER TO BUYER’S BROKER

1. PARTIES: This Seller to Buyer’s Broker Compensation Agreement is between:

Seller: (“Seller”) and Buyer’s Broker: (“Buyer’s Broker”)

2. PROPERTY ADDRESS: (“Property”) listed by (“Listing Broker”).

3. BUYER’S NAME , including any affiliates, successors, or assigns (“Buyer”).

4. TERM: THE OFFER OF COMPENSATION MADE IN THE SECTION 5 IS BINDING ON THE PARTIES TO THIS AGREEEMENT ONLY IF THE SELLER AND THE BUYER NAMED IN SECTION 3 ARE UNDER AN EXECUTED AND RATIFIED CONTRACT WITHIN 30 DAYS OF THIS AGREEMENT BEING SIGNED.

IF THE SELLER AND THE BUYER NAMED IN SECTION 3 ARE NOT UNDER A SIGNED SALES AGREEMENT WITHIN 30 DAYS OF THIS AGREEMENT’S EFFECTIVE DATE THEN THIS AGREEMENT IS CONSIDERED NULL AND VOID

PAYMENT WILL ONLY BE MADE AT CLOSING UNLESS OTHERWISE AGREED UPON IN WRITING.

5. BUYER’S BROKER COMPENSATION: If Buyer’s Broker is the procuring cause of the sale of Property during the Term, Seller will compensate Buyer’s Broker as stated below at closing of Property.

Seller agrees to compensate Buyer’s Broker (CHECK ONE):

Exactly $ (US Dollars)

Other :

% of the gross purchase price as reflected on the final settlement statement

Seller acknowledges that compensation paid to Buyer’s Broker is for services Buyer’s Broker provided to Buyer. Buyer Broker certifies that they have informed their Buyer of the possibility of being paid by more than one party and has obtained Buyer’s written permission to do so. If Seller defaults by failing to pay Buyer’s Broker Compensation at closing or defaults by preventing closing in violation of the Contract of Sale, Seller must pay Buyer’s Broker Compensation.

6. DISPUTE RESOLUTION: All controversies, claims, and other matters in question between the parties arising out of or relating to this Agreement or the breach thereof will be settled by first attempting mediation with a mediator agreed upon by the parties. If litigation arises out of this Agreement, the prevailing party will be entitled to recover reasonable attorney's fees and costs.

7. MISC. CLAUSES: This Agreement will be construed under South Carolina law. This Agreement represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements whether written or oral. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in writing and signed by the parties hereto. Electronic signatures will be acceptable and binding. Broker’s commissions are not set by law and are fully negotiable.

Seller (printed name) (signature) (date)

Seller (printed name) (signature) (date)

Buyer’s Broker in Charge or Authorized Associate (printed name) (signature) (date)

SAMPLE

Dickens Mitchener & Assoc. Inc

PARTIES ARE SOLELY RESPONSIBLE FOR OBTAINING LEGAL ADVICE PRIOR TO SIGNING THIS CONTRACT AND DURING THE TRANSACTION. REAL ESTATE LICENSEES RECOMMEND OBTAINING LEGAL COUNSEL.

1. PARTIES: This legally binding Agreement (“Contract”) To Buy and Sell Real Estate is entered into by: Buyer(s), (“Buyer”), and Seller(s), (“Seller”).

(A) “Party” - defined as either Buyer or Seller, “Parties” defined as both Buyer and Seller.

(B) “Brokers” are licensed South Carolina brokers-in-charge, their associated real estate licensees, and their subagents.

(C) “Closing Attorney” - is the licensed South Carolina attorney selected by Buyer to coordinate the transaction and Closing.

(D) “Effective Date” - the final date upon which a Party to the negotiation places the final and required signatures and/or initials and date on this Contract and Delivers Notice to initially cause this primary Contract to be binding on all Parties.

(E) “Good Funds” - is the transfer of the required amount of United States Dollars (USD) within any required timeframe.

(F) “Time” - all time stated shall be South Carolina local time. Time is of the essence with respect to all provisions of this Contract stipulating time, deadline, or performance periods.

☐ BUYER ☐ SELLER IS A SOUTH CAROLINA REAL ESTATE LICENSEE

(initials) BUYER(s) acknowledges receipt of the SC Disclosure of Brokerage Relationships form and is receiving ☐ Client ☐ Customer service in this transaction.

(initials) SELLER(s) acknowledges receipt of the SC Disclosure of Brokerage Relationships form and is receiving ☐ Client ☐ Customer service in this transaction.

2. PURCHASE PRICE:

$

Payable by transfer of Good Funds via ☐ Finance or ☐ a combination of Finance and Cash USD or ☐ Cash USD.

Verification of Cash available for Closing is ☐attached ☐ not attached ☐ to be Delivered before This Contract ☐ is ☐ is not contingent upon the sale and closing of Buyer's real property and SCR504 ☐is ☐ is not attached.

3. PROPERTY: Hereby acknowledging sufficient good Contract consideration (e.g. mutual promises herein), Seller will sell and convey and Buyer will buy for the Purchase Price any and all lot or parcel of land, appurtenant interests, improvements, landscape, systems, and fixtures if any thereon and further described below ("Property"). Seller agrees to maintain in operable condition the Property and any personal property conveying in same operable condition, including any landscaping, grounds and any agreed upon repairs or replacements, from the Effective Date through Closing subject to normal operable wear and tear. Buyer acknowledges opportunity to inquire about owners association issues, common area issues, condominium master deed issues, assigned parking/storage areas, memberships, lease issues and financed equipment prior to signing Contract. Leasing issues and items and financed equipment see Adjustments (e.g. tenants, leases, future vacation renters, SC vacation rental act reservations, rents, deposits, documents, solar panels, fuel tanks with fuel, alarm systems, satellite equipment, roll carts).

Address

City

Zip County of

Lot Block Section/Phase

Subdivision

Other Tax Map

Unit #

State of South Carolina

Parties agree that no personal property will transfer as part of this sale, except described below and/or ☐ in attachment(s):

4. CONVEYANCE/CLOSING/POSSESSION:

“Closing” occurs when Seller conveys Property to Buyer and occurs no later than 5 PM on or before (“Closing Date”). Conveyance shall be fee simple made subject to all easements, reservations, rights of way, restrictive covenants of record (provided they do not make the title unmarketable or adversely affect the use/value of the Property in a material way) and to all government statutes, ordinances, rules, permits, and regulations. Seller agrees to convey marketable title with a properly recorded general warranty deed free of encumbrances and liens except as herein stated; and in name(s): and ownership type determined by Buyer. The deed shall be delivered to the Closing Attorney's designated place on or before the Closing Date no later than 10 AM. Seller agrees to pay all statutory deed recording fees. Parties agree the Brokers shall have access to the closing and relevant documents; and the Brokers shall be given copies of the settlement statement prior to Closing for review. Parties agree to hire/use licensed Attorney(s). Seller shall convey possession of a vacant and reasonably clean Property, free of debris, along with all keys, codes, any remote controls, available documents (e.g. manuals, equipment warranties, service information) and

5. EARNEST MONEY: Total $ (USD) Earnest Money is paid as follows: $ accompanies this offer and $ will be paid by 6 P.M. on (date) and Earnest Money is in the form of ☐ check ☐ cash ☐other (e.g. wire) to be a Credit to Buyer at Closing or disbursed only as Parties agree in writing or by court order or by Contract or as required for Closing by Closing Attorney. Buyer and seller authorize as Escrow Agent to deposit and hold and disburse earnest money according to the terms of any separate escrow agreement, the law, and any regulations. Broker does not guarantee payment of a check or checks accepted as earnest money. Parties direct escrow agent to communicate reasonable information confirming receipt and status of earnest money upon a Broker request. If Earnest Money is not delivered by the agreed upon date above Seller may terminate the contract by delivering Notice of Termination to the Buyer.

EARNEST MONEY IF BEING HELD BY REAL ESTATE BROKERAGE FIRM:

THE PARTIES UNDERSTAND AND AGREE THAT UNDER ALL CIRCUMSTANCES INCLUDING DEFAULT, EITHER BROKER IF ALSO SERVING AS ESCROW AGENT WILL NOT DISBURSE EARNEST MONEY DEPOSIT TO EITHER PARTY UNTIL BOTH PARTIES HAVE EXECUTED AN AGREEMENT AUTHORIZING THE DISBURSEMENT (SCR Form 517 or 518), MEDIATION AGREEMENT OR UNTIL A COURT OF COMPETENT JURISDICTION HAS DIRECTED A DISBURSEMENT. EARNEST MONEY WILL NOT BE DISBURSED UNTIL DETERMINED TO BE GOOD FUNDS. IF LEGAL ACTIONS OCCUR RELATED TO EARNEST MONEY, PARTY RECEIVING THE LEAST AMOUNT OF EARNEST MONEY IN THE COURT'S DISBURSEMENT ORDER AGREES TO INDEMNIFY ESCROW AGENT'S FEES, COURT COSTS AND ATTORNEY FEES. IF INTERPLEADER IS TO BE UTILIZED, PARTIES AGREE THAT $____ SHALL BE PAID TO THE BROKER ESCROW AGENT BY THE PARTIES AS COMPENSATION BEFORE ESCROW AGENT INITIATES COURT OF COMPETENT JURISDICTION PROCEEDINGS ON EARNEST MONEY.

EARNEST MONEY IF BEING HELD BY LAW FIRM:

IF PARTIES AGREE TO A LAW FIRM SERVING AS ESCROW AGENT THEN EARNEST MONEY DEPOSIT CAN BE DISBURSED IN ACCORDANCE TO AN ESCROW AGREEMENT (SCR Form 517 or 518) OR A FORM DRAFTED BY THE LAW FIRM AND SIGNED BY BOTH BUYER AND SELLER. BROKERS WILL BE PROVIDED A COPY OF THE SIGNED AGREEMENT FOR THEIR FILE. ANY FEES CHARGED BY THE LAW FIRM IN SETTLING AN EARNEST MONEY DISPUTE WILL BE INCLUDED IN THE ESCROW AGREEMENT SIGNED BY THE PARTIES.

6. TRANSACTION COSTS:

A. TRANSACTION COSTS

Unless otherwise agreed upon in writing, Buyer will pay Buyer's transaction costs and Seller pay Seller's transaction costs.

1) Buyer's transaction costs include all costs and closing costs resulting from selected financing, pre-paid recurring items, insurance (including but not limited to mortgage insurance, title insurance lender/owner, flood, insurance, and hazard insurance) discount points, interest, non-recurring closing costs, title exam, FHA/VA allowable costs, fees and expenses of Buyer's attorney, contractually required real estate broker compensation(the amount of compensation the Buyer owes their Broker), and the cost of any inspector, appraiser, or surveyor.

2) Seller's transaction costs include deed preparation, deed recording costs, deed stamps/tax/recording costs calculated based on the value of the Property, all costs necessary to deliver marketable title and payoffs, satisfactions of mortgages/liens and recording, property taxes prorated at Closing, contractually required real estate broker compensation (the amount of compensation the Seller owes their Broker), and fees and expenses of Seller's attorney.

3) The following costs in addition to the costs above will be the considered ☐ Seller's or ☐ Buyer's transaction costs. If no box is checked these costs will be added to Seller's transaction costs.

a) All costs to obtain information from or pertaining to owners' association (e.g. printing or document fees charged to requesting party by the HOA)

b) Private and/or Public Transfer Fees

c) Any costs similar to transfer fees (e.g. certificate of assessment, capital contributions, working capital, estoppel fees or otherwise named but similar fees)

SAMPLE

4) At Closing, Seller will pay Buyer's transaction costs not to exceed $ , which includes non-allowable costs first and then allowable costs (FHA/VA). This amount should not include any funds that have been negotiated between the Brokers of the Seller and the Buyer Broker in a separate Compensation Agreement.

Option A: _________(Buyer Initials)______(Seller Initials) Seller agrees to allow up to $ of Buyer’s transaction costs paid by Seller to go towards Buyer Broker Compensation(see number 1 above). This concession cannot

go solely to pay brokerage compensation if the concession was advertised on the Multiple Listing Service.

Option B: _________(Buyer Initials)______(Seller Initials) Seller does not allow any of the amount agreed to in Paragraph 6 Section 4 above to go towards Buyer Broker Compensation (see number 1 above)

Buyer is responsible for any Buyer's transaction costs exceeding this amount. If the amount exceeds the actual amount of those costs or amount allowed by Lender, then any excess funds will revert to Seller. If no Closing, Buyer is responsible for Buyer's transaction costs and Seller is responsible for Seller's transaction costs.

HOA dues and assessments are not considered transactions costs and are addressed by the closing attorney as needed per paragraph 21. A transfer fee is a nonrecurring fee that is being assessed solely because of a transfer in property ownership.

B. HOA Assessments (Special, Nonrecurring, Unexpected, Non-Budgeted, Etc.)

This does not apply to HOA Dues or Membership Fees. Select only one of the Following Options

☐Option 1: Special assessments approved prior to Closing shall be the responsibility of the Seller. Special Assessments approved after Closing shall be the responsibility of the Buyer. Any remainder of the balance due on a Special Assessment approved prior to closing will be paid in full by the Seller at Closing.

☐Option 2: Seller shall be responsible for the portion of any Special Assessments approved prior to Closing that are due in the calendar year of Closing. Any remaining Special Assessment payments in subsequent years are the responsibility of the Buyer. Parties direct Closing Attorney to make the appropriate adjustments per Paragraph 21 of this agreement. Special Assessments approved after Closing shall be the responsibility of the Buyer.

7. FINANCE: Buyer's obligation under this Contract ☐ is ☐ is not contingent upon obtaining financing of a ☐ 30 year ☐15 year or

☐other purchase money loan at reasonable prevailing market terms with loan(s) equal in amounts to a maximum % of the Purchase Price or Appraised Value whichever is lower. ("Financing Contingency"). Financing Contingency expires at Closing ("Financing Period"). Buyer must make timely good faith efforts to apply for and obtain financing while refraining from contrary actions ("Financing Effort"). In a timely manner, Buyer shall inform Seller and Brokers of pertinent financing issues and authorize Buyer's Lender to disclose pertinent loan information to Seller and Brokers ("Financing Disclosure"). Buyer shall apply for financing by (date) and shall Deliver Notice to Seller of reasonable pre-final loan approval (e.g. pre-approval letter, initial approval letter) that contains no unreasonable credit, income, or asset conditions by (date) (no repairs required prior to this Notice). Final loan approval occurs when Lender funds loan(s). If the Buyer changes their Lender during the Financing Period they must notify the seller in writing within calendar days. Absent written approval by the Seller, Buyer cannot change lender if the closing date agreed upon in Paragraph 4 will change as a direct result. If a Lender subsequently declines or fails to approve financing, the Buyer shall notify the Seller and Brokers as soon as possible. If the Seller and Brokers are notified of inability to obtain financing during the Financing Period, either Party may terminate this Contract by Notice. Lender (may change): ☐ FHA

☐ VA ☐Conventional ☐ Seller ☐ Other . An FHA VA Financing Addendum ☐ is ☐ is not attached.

Additional financing terms ☐ are ☐ are not attached.

8. DUE DILIGENCE:

The DUE DILIGENCE PERIOD begins upon the Effective Date and shall expire at 6 P.M. on (date) (“Due Diligence Deadline”). Any extension to this date must be made in writing and agreed to by both Parties.

During the Due Diligence Period the Buyer may conduct any and all inspections that they wish and may timely terminate for any reason or no reason at all.

TERMINATION FEE: SHOULD THE BUYER TERMINATE DURING THE DUE DILIGENCE PERIOD FOR DUE DILIGENCE REASONS THEY WILL PAY A TERMINATION FEE OF $__________________________.

Should the Buyer terminate under a different contractual contingency (Financing, Appraisal, CL-100, Sale of Buyer Property, etc.) the Termination Fee will not be owed. A Termination Fee is only owed if the Buyer terminates during the Due Diligence Period for Due Diligence Reasons.

By the end of the Due Diligence Period the Buyer must either:

1) Accept the Property as AS-IS; or

2) Negotiate for Repairs using SCR Form 525 and having both Buyer and Seller agreeing to the terms of the Repair Request Prior to Due Diligence Deadline or

3) Parties agree to other remedies via attorney drafted and approved verbiage in Form 390; or

4) Terminate By Delivering Notice using SCR Form 313 and the Termination Fee of to the Seller’s Notice Address by the Due Diligence Deadline.

Failure of the Buyer to do Options 2, 3, or 4 above by the Due Diligence Deadline will result in an AS-IS contract in regards to repairs. Parties agree "AS IS" means Buyer buys the Property for the Purchase Price while Seller maintains the Property

from the Effective Date through Closing subject to normal wear otherwise without repair or replacement and sells the Property for the Purchase Price unless otherwise agreed in writing by the Parties in this Contract.

9. INSPECTION/REINSPECTION RIGHTS: Buyer and SC licensed and insured inspectors (“Inspectors”) reasonably perform any reasonable ultimately non-destructive examination and make reasonable record of the Property with reasonable Notice to Seller through Closing including investigations of off-site conditions and any issues related to the Property at Buyer Expense (“Inspections”). Buyer and persons they choose may make reasonable visual observations of Property.

Sellers will make the Property accessible for Inspection and not unreasonably withhold access, unless otherwise agreed in writing by the Parties. Seller will grant the Buyer the right to perform a final walkthrough inspection of the property within 48 hours prior to the closing date. Seller will keep all utilities operational through Closing unless otherwise agreed:

☐ Seller grants Buyer permission to connect utilities, pay for utilities, and hire professionals (e.g. electricians, plumbers) to safely connect and operate the utilities during the Inspections.

Other . ☐see attached.

Buyer will hold harmless, indemnify, pay damages and attorneys fees to Seller and Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Seller will hold harmless, indemnify, pay damages and attorneys fees to Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Brokers recommend that Parties obtain all inspections as soon as possible. Brokers recommend that Parties and Inspectors use insurance to manage risk.

10. APPRAISED VALUE:

☐ This Contract is contingent upon the Property being valued according to the Lender's appraisal or other appraisal as agreed upon by the Parties (“Appraised Value”) for the Purchase Price or higher. If the Parties are made aware that the Appraised Value is less than the Purchase Price and the Seller Delivers Notice to the Buyer within 5 Calendar Days or Closing (whichever earliest) of an amendment to reduce the Purchase Price to the Appraised Value, the Parties agree to proceed to Closing under terms of this Contract with the Purchase Price amended to be the Appraised Value. If Seller is aware and refuses to reduce as stated above, Buyer may proceed to Closing or terminate this Contract by Delivering Notice of Termination to the Seller.

☐This Contract is not contingent upon the Property being valued at an Appraised Value according to the Lender's appraisal or other appraisal as agreed upon by the Parties for the Purchase Price or more.

11. WOOD INFESTATION REPORT: If the Property to be sold has been previously occupied, this Contract ☐ is contingent ☐not contingent upon the ☐Buyer ☐Seller having the Property inspected at their expense by a qualified/licensed/bonded pest control operator selected by the ☐ Buyer ☐ Seller. ☐ Buyer ☐ Seller shall deliver timely Notice of and shall deliver to Closing a CL100 Wood Infestation Report dated no earlier than 30 calendar days prior to Closing and no later than calendar days prior to Closing. If the Buyer is responsible for having the Property inspected as indicated above, but does not have the Property timely inspected for the report's required Delivery time frame, the Buyer waives any and all rights under the terms of this section. The Seller makes no warranties with regard to matters covered by such infestation report or any other improvement unless specifically stated in this Contract.

If the wood infestation report reveals the presence or indication of or damages by termite infestation or other wood destroying organisms, Seller shall remedy such deficiencies and shall furnish the Buyer with a CL100 wood infestation report by a qualified/licensed/bonded pest control operator (dated no earlier than 30 calendar days prior to Closing) that the Property is free from infestation or any damage herein mentioned; or documentation that the infestation has been treated and damage has been repaired as appropriate in a workmanlike manner on or before closing and reported by an appropriate licensee. State law and regulations control CL100 issues. If the Seller does not make the repairs and treatment, the Buyer shall have the option to (1) accept the Property in its present condition, (2) negotiate with the Seller for the payment of these repairs and treatment, or (3) terminate this Contract by Delivering Notice of Termination to the Seller. If the Property to be sold has not been previously occupied, Seller shall certify that the Dwelling has been treated by soil poisoning for the prevention of termites and other wood destroying organisms and shall provide at Closing to the Buyer a written certification from a qualified/licensed/bonded pest control operator. The obligations of the Seller under this Section terminate after the Closing.

12. SURVEY, TITLE EXAMINATION, ELEVATION, INSURANCE: Brokers recommend Buyer have Property surveyed, title examined, elevation/wetlands/beachfront determined, and appropriate insurance (e.g. flood, flood contents, hazard, liability, owner's title) effective at Closing. Unless otherwise agreed upon in writing by Parties, Buyer to obtain new insurance policies by Closing and Seller may cancel existing insurance after Closing. Flood Insurance, if required by Lender or at Buyer's option, shall be assigned to Buyer with permission of carrier and premium prorated to Closing. Buyers are solely responsible to investigate pricing, availability, coverage, and requirements of insurance (e.g. flood, flood contents, hazard, liability) for the property prior to signing Contract.

13. SURVIVAL: If any provision herein contained which by its nature or effect is required to be observed, kept, or performed after Closing, it will survive the Closing and remain binding upon for the parties hereto until fully observed, kept or performed.

SAMPLE

14. FIRE OR CASUALTY OR INJURY: In case the Property is damaged wholly or partially by fire or other casualty prior to Closing, Parties will have the right for 14 Calendar Days after Notice of damage to Deliver Notice of Termination to other Party. If Party does not Deliver Notice of Termination, the Parties proceed according to the Contract and Seller is to be responsible to (1) repair all damage, (2)

remit to Buyer an amount sufficient for repairs, or (3) assign to Buyer the right to all proceeds of insurance and remit any deductible amount applicable to such casualty. If Buyer or Inspections caused the damage, Buyer is responsible for indemnifying Seller for damages. Brokers and Parties should ensure that they are protected by appropriate risk management strategies such as insurance.

15. SC RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT (“CDS”) [check one]:

☐ Buyer and Seller agree that Seller has Delivered prior to this Contract, a CDS to Buyer, as required by SC Code of Laws Section 2750-10 et seq. If after delivery, Seller discovers a CDS material inaccuracy or the CDS becomes materially inaccurate due to an occurrence or circumstance; the Seller shall promptly correct this inaccuracy (e.g. delivering a corrected CDS to the Buyer/making reasonable repairs prior to Closing). Buyer understands the CDS does not replace Inspections. Buyer understands and agrees the CDS contains only statements made by the Seller. Parties agree the Brokers have met requirements of SC Code 27-50-70 and Brokers are not responsible or liable for any information in the CDS. CDS is not a substitute for the Buyers and Inspectors inspecting the Property (related issues/onsite/offsite) "Property issues" for all needs.

☐ Buyer and Seller agree that Seller will NOT complete nor provide a CDS to Buyer in accordance with SC Code of Law, as amended, Section 27-50-30, Paragraph (13). Buyers have sole responsibility to inspect Property Issues for all their needs.

16. LEAD BASED PAINT/LEAD HAZARDS: If Property was built or contains items created prior to 1978, it may contain lead based hazards and Parties agree to sign "Disclosure of Information of Lead Based Paint and/or Lead Hazards" forms (e.g. SCR315) and give copies to Brokers. Parties acknowledge receiving and understanding the EPA pamphlet "Protect Your Family From Lead in Your Home." For their protection, Buyers should conduct/obtain Inspections of all Property issues per their needs.

17. SEX OFFENDER/CRIMINAL INFORMATION: Parties agree that Brokers are not responsible for obtaining or disclosing information in the SC Sex Offender Registry and no course of action may be brought against the Brokers for failure to obtain or disclose sex offender or criminal information. Parties may obtain information about the sex offender registry by contacting the County Sheriff and the South Carolina Law Enforcement Division on the Internet at: https://scor.sled.sc.gov

18. TRUST ACCOUNT INTEREST/CHARITABLE CONTRIBUTION: According to the South Carolina Real Estate Commission regulations and South Carolina laws, any interest earned from deposit to Closing on Buyer's earnest money deposit belongs to Buyer. It is understood that Broker ☐ may ☐ may not place deposited earnest monies into an interest bearing trust account. If Buyer's earnest money deposit is deposited into an interest bearing trust account, Parties agree that Broker will retain all interest earned in said account and may contribute some or all to a charitable enterprise.

19. SC INCOME TAX ON NON-RESIDENT GAIN AND COMPLIANCE AND USA FEDERAL INCOME TAX: Seller and Buyer will comply with the provisions of South Carolina laws [e.g. 12-8-580 (as amended)] regarding state income tax withholding requirements if the Seller is not a resident or has not filed South Carolina state income tax returns. Seller and Buyer will comply with United States of America federal income tax laws. Seller and Buyer should discuss tax laws and minimization actions with their qualified tax advisor. Parties will comply with all local, state, federal laws, and any rules.

20. ENTIRE AND BINDING AGREEMENT (MERGER CLAUSE): Parties agree that this Contract expresses the entire agreement between the parties, that there is no other agreement, oral/otherwise, modifying the terms; and this Contract is binding on Parties and principals, heirs, personal representatives, successors, and assigns. Illegal provisions are severable.

21. ADJUSTMENTS: Buyer and Seller agree to settle or prorate, annually or as appropriate; as of Closing Date: (A) utilities and waste fees issued after Closing which include service for time Property was owned/occupied by Seller (B) real estate taxes and owner association fees/assessments for the calendar year of Closing (C) any rents, deposits, fees associated with leasing (D) insurance (including any non-special assessments assessed due to increased premiums), EMS service, fuel/consumables, and all other nonspecial assessments. Closing Attorney shall make tax proration based on the available tax information deemed reliable by the Closing Attorney. Should the tax or tax estimate or proration later become inaccurate or change, Buyer and Seller shall make any financial adjustments between themselves once accurate tax information is available and Buyer takes timely reasonable steps to minimize taxes. This section survives Closing. Buyer is solely responsible for timely and reasonably minimizing the Buyer's taxes and obtaining tax minimization procedural information including related legal counsel and financial counsel.

22. DEFAULT:

(A) If Seller defaults in the performance of any of the Seller's obligations under this Contract (“Default”), Buyer may:

(i) Deliver Notice of Default to Seller and terminate Contract; and

(ii) Pursue any remedies available to Buyer at law or equity; and

(iii) Recover attorneys' fees and all other direct costs of litigation if Seller found in default/breach of Contract.

(B) If Buyer defaults in the performance of any of the Buyer's obligations under this Contract ("Default"), Seller may:

(i) Deliver Notice of Default to Buyer and terminate Contract; and

(ii) Pursue any remedies available to Seller at law or equity; and

(iii) Recover attorneys' fees and all other direct costs of litigation if Buyer found in default/breach of Contract.

(C) If either/both Parties default, Parties agree to sign an escrow deposit disbursement agreement or release agreement.

(D) Parties may agree in writing to allow a Cure Period for a default. If within the Cure Period, either Party cures the Default and Delivers Notice, Parties shall proceed under the Contract.

23.

SAMPLE

NON-RELIANCE CLAUSE (NOT A MERGER CLAUSE NOR EXTENSION OF A MERGER CLAUSE):

Parties execute this Contract freely and voluntarily without reliance upon any statements, representations, inducements, promises, or agreements by Brokers or Parties except as expressly stipulated or set forth in this Contract. If not contained herein, such statements, representations, inducements, promises, or agreements shall be of no force or effect. Parties acknowledge that Brokers are being

retained solely as licensed real estate agents and not as any attorney, tax/financial advisor, appraiser, surveyor, engineer, mold or air quality expert, home inspector, or other professional service provider.

24. BROKER DISCLAIMER: Parties acknowledge that Brokers give no warranties or representations of any kind, expressed or implied as to: (1) condition of the Property, including but not limited to termites, radon, mold, asbestos, moisture, environmental issues, water, waste, air quality, HVAC, utilities, plumbing, electrical or structure, etc. (2) condition of the Property, survey or legal matters, square footage (3) off site conditions (4) schools (5) title including but not limited to easements, encroachments, projections, encumbrances, restrictions, covenants, setbacks, and the like (6) fitness for a particular purpose of the Property or the improvements (7) zoning ordinances and restrictions (8) projected income, value, marketability, taxes, insurance, or other possible benefits to Buyer. Parties consent that their Brokers may communicate with them via any means; and use or disclose information not made confidential by written instruction of Parties.

25. BROKERS COMPENSATION: Parties direct Closing Attorney to use settlement funds to collect and disburse compensation to Brokers in accordance with this Agreement or in any separate listing or buyer agreement, as amended, between any Party and a Broker or other affiliated licensees, and document compensation on the settlement statement. [NOTE: If the compensation of any broker is to be included in this Agreement, the parties should attach a Buyer's Broker compensation agreement (Appropriate SCR Form 120 or similar agreement) to this Agreement to reflect the same.] Parties agree that Brokers are third party beneficiaries to this Contract and have standing to seek remedies at law and equity that benefit them or afford them rights and defenses and will have all remedies at law or in equity in the event of a breach of this Agreement. Parties represent that their only enforceable agency and/or non-agency agreements are with the Brokers disclosed in this Contract.

26. ATTACHMENTS, OTHER CONTINGENCIES, TERMS, AND/OR STIPULATIONS: All exhibits and/or addenda attached to this agreement, listed below, or referenced in this Agreement are made a part of this Agreement.

☐ SCR Compensation Agreement, Form 120LB2BB (listing broker to buyer broker)

☐ SCR Compensation Agreement, Form 120S2BB (seller to buyer broker)

☐ SCR Lead Based Paint Addendum, Form 315

☐ SCR Agreement to Buy and Sell Assumption of Mortgage, Form 320

☐ SCR Buyer Agreement to Occupy prior to Closing, Form 370

☐ SCR Possession by Seller after Closing, Form 375

☐ SCR Addendum/Amendment, Form 390

☐ SCR Additional Clauses for Addendum, Form 391

☐ SCR Contingency Addendum Sale of Buyer’s Real Property, Form 504

☐ SCR Personal Property Addendum, Form 530

☐ SCR Backup Contract Addendum, Form 545

☐ SCR Home Warranty Addendum, Form 555

☐ SCR Wire Fraud Warning, Form 610

☐

☐

☐

27. NOTICE AND DELIVERY: Notice is any unilateral communication (e.g. offers, counteroffers, acceptance, termination, unilateral requests for better terms, and associated addenda/amendments) from one Party to the other. Notice to/from a Broker representing a Party is deemed Notice to/from the Party. All Notice, consents, approvals, counterparts, and similar actions required under Contract must be in paper or electronic writing and will only be effective as of delivery to the Notice address/email/fax written below and awareness of receipt by Broker (“Delivered”) unless Parties agree otherwise in writing.

28. Acknowledgements: Due to potential criminal activity, parties are solely responsible to verify all wiring instructions with law firm/bank. Parties are also advised and understand that audio/visual surveillance may occur in the property and parties should plan accordingly and comply with all federal, state, and local laws. Parties acknowledge receiving, reading, reviewing, and understanding: this Contract, the SC Disclosure of Real Estate Brokerage Relationships form, any agency agreements, and copies of these documents. Parties acknowledge having time and opportunity to review all documents and receive legal counsel from their attorneys prior to signing Contract.

29. EXPIRATION OF OFFER: When signed by a Party and intended as an offer or counter offer, this document represents an offer to the other Party that may be rescinded any time prior to or expires at ☐AM ☐PM on unless accepted or counter-offered by the other Party in written form Delivered prior to such deadline. This offer will expire automatically if no action is taken by either party 30 calendar days after the offer's submittal. IN WITNESS WHEREOF, this Contract has been duly executed by the Parties as true to the best of their knowledge/belief. If signee is not a Party, appropriate legal documents (e.g. Power of Attorney, Corporate Authorization) are ☐ attached or ☐ to be Delivered to the other Party within Calendar Days.

SAMPLE

Parties shall initial and date all changes in this Contract and initial all pages.

BOTH PARTIES AGREE TO PROVIDE AN ACCURATE NOTICE ADDRESS AND EMAIL FOR ALL CORRESPONDENCE. THE EMAIL AND ADDRESS OF THE BROKER CAN SERVE AS THE NOTICE ADDRESS.

BUYER: Date: Time:

BUYER: Date: Time:

BUYER: Date: Time:

BUYER: Date: Time:

NOTICE ADDRESS/EMAIL/FAX (Where Buyer wants all contracts and correspondence to be sent):

SAMPLE

SELLER: Date: Time:

SELLER: Date: Time:

SELLER: Date: Time:

SELLER: Date: Time:

NOTICE ADDRESS/EMAIL/FAX (Where Seller wants all contracts, correspondence, and termination fee to be sent): Buyer's Agent/Company

Buyer's Agent's Email Address

Dickens Mitchener

Dickens Mitchener & Assoc. Inc,

Dickens Mitchener

SAMPLE FORMS

Dickens Mitchener

Homebuyer’s Glossary

Appraisal: A written analysis of the estimated value of a property prepared by a qualified Appraiser.

Buyer Agent: Agent who acts solely on the Buyer’s behalf. The Agent has full fudiciary responsibilities, which includes reasonable care, individual loyalty, confidentiality and full disclosure. This means the Agent places the Buyer’s interest above all else.

Buyer Agency Fee: This is compensation to our firm for services outlined in the Exclusive Buyer Agency Agreement.

Private Mortgage Insurance: Fees differ depending on percentage of down payment. Required to offset foreclosures on loans with less than 20% down.

Closing: A meeting at which a sale of a property is finalized by the Buyer signing the mortgage documents paying closing cost and transfer of the deed to the property.

Closing Disclosure: A detailed cash accounting of a real estate transaction showing all cash received, all charges and credits made and all cash paid out in the transaction.

Competitive Market Analysis (CMA): A comparison of the prices of recently sold homes that are similar to the home listed in terms of location, style and amenities.

Contingency: A provision in a contract that requires a certain act to be done or a certain event to occur before the contract becomes binding.

Counteroffer: A new offer made in response to an offer received. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror.

Deed: A document which, when properly executed, conveys title of real property.

Deed of trust: An instrument used to create a mortgage lien by which the Borrower conveys title to a Trustee, who hold it as security for the benefit of the note holder (the Lender).

Disclosure: By law, a Seller of real property must disclose facts that affect the value or desirability of the property. Unless exempt, the Seller completes and signs specific disclosure forms, including the Residential Property Disclosure Statement, to disclose those material facts.

Due Diligence: The due diligence period in a home purchase contract is the time during which the Buyer conducts any and all inspections of the home that she/he chooses.

Due Diligence Fee: This is a non-refundable fee directly to the Seller in order to have time to inspect, appraise and do their due diligence in determining if they will close on the home.

Earnest Money Deposit: A deposit made by the potential Buyer to show that he/she is serious about buying the house.

Fixture: An item of personal property that has been converted to real property by being permanently affixed.

Homebuyer’s Glossary

Foreclosure: The legal process by which a Mortgage Lender (Mortgagee) or other lien holder obtains a termination of a Mortgage Borrower (Mortgagor’s) equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure).

Home Inspection: A thorough inspection that evaluates the structural and mechanical condition of a property.

Homeowners Association (HOA): An organized group of homeowners whose members help to regulate and enforce the rules and standards of their respective communities.

HVAC: An acronym for heating, ventilation and air-conditioning.

Loan-to-Value Ratio: The relationship between the amount of the mortgage loan and the value of the real estate being pledged as collateral.

Listing Agent: The person(s) who represents the Seller in the real estate

Market Value: The most probable price property will bring in an open market under normal conditions.

Multiple Listing Service (MLS): A marketing organization composed of member Brokers who agree to share their listing agreements with one another in the hope of producing ready, willing and able Buyers for their properties more quickly than they could on their own.

Radon: A naturally occurring inert and radioactive gas formed by the decaying chair of uranium in the earth. It is an odorless, colorless gas and hence, undetectable to the human sense. The particular hazardous chemical can only be detected by correct testing by a professional.

Realtor®: A person who acts as an agent for the sale and purchase of buildings and land; a real estate agent.

Recording: The act of entering or recording documents affecting or conveying interest in real estate in the recorder’s office established in each county. Until it is recorded, a deed or mortgage ordinarily is not effective against subsequent purchasers or mortgages.

Short Sale: A sale of real estate in which the proceeds from selling the property will fall short of the balance of debts secured by liens against the property and the property owner cannot afford to repay the lien’s full amounts, whereby the lien holders agree to release their lien on the real estate and accept less than the amount owed on the debt.

Survey: A drawing or map showing the precise legal boundaries of a property, the location of improvements, easements, rights of way, encroachment and other physical features.

Time is of the essence: A phrase in a contract that requires the performance of a certain act within a stated period of time.

Title Insurance: A policy insuring the owner or mortgagee against loss by reason of defects in the title to a parcel real estate, other than encumbrances, defects and matters specifically excluded by the policy.

803-548-4244

Settling In

803-684-2341

803-329-5500

803-323-5321

Internet, Telephone, and Television

Comporium Telecommunication

803-326-6450

803-548-4777

School Districts Fort

803-810-8000

803-548-2527

803-285-2045

803-981-1000

803-684-9916

Water/Sewer & Waste Removal

Suppliers of water service, sewage, and solid waste removal vary with the counties and municipalities. For details about specific providers that serve your community, contact your municipal or county clerk.

Additional Info / Resources

Supporting our Community

Own A Home?

OPEN UP POSSIBILITIES FOR OTHERS

THERE’S STRENGTH IN NUMBERS. Never has that been truer than when coming together in the real estate community to combat homelessness.

THE HOMEOWNERS IMPACT FUND, a designated 501(c)3 nonprofit, invites participants who are in the home closing process to make a small donation that adds up to a substantial gift to local organizations working to lift men, women and children out of homelessness. Because when you harness the power of community, you can weather any storm.

HOW IT WORKS

If you’re fortunate enough to have a roof over your head, please consider supporting the Homeowners Impact Fund to help others in need. Funds raised are distributed directly to reputable nonprofit organizations that support individuals and families in finding a path out of homelessness.

Every day, you experience the joy of a place to call home. Every day, more than 3,000 people in the Charlotte area experience homelessness. Every day, more than 580,000 people across the US experience homelessness. Together, we can make a difference.

MAKE AN IMPACT

Become a supporter by following this link: homeowersimpactfund.org/donate For more information, email info@homeowersimpactfund.org

Proudly Serving

THESE ORGANIZATIONS

ThankYou