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Customer Agreement

This Agency Agreement (“Agreement”) dated on this day of , 20 (the “Effective Date”) is made between (the “Buyer”) & and (the “Agent or Agency”) of AK & Associates FLP DBA Diamond Realty Brokers for the purpose of setting forth the exclusive terms and conditions by which the Buyer Principal desires to appoint the Agent to be its representative to perform the Services defined in this Agreement on behalf of the Buyer.

WHEREBY the Principal is the buyer customer. The Agency is a licensed real estate brokerage.

Buyer agrees to work with Agent, Broker or Agency as a customer. The Agency or Broker will perform ministerial tasks on behalf of the buyer. The term customer shall have the same meaning that they have in the Brokerage Relationships in Real Estate Transactions Act O.C.G.A. 10-6A-1 et. seq which is not a client. The Agency does not advise the customers on brokerage matters.

In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:

Scope of Services. The Principal retains the above-named Agent or Agency. The Agent agrees to perform for the Buyer, the services set forth in Brokerage Relationships in Real Estate Transactions Act or Exhibit A to this Agreement (the “Services”). Any Service outside of the scope as defined in Brokerage Relationships in Real Estate Transactions Act to this Agreement will require a new Agreement for other services agreed to by the Parties.

The Buyer appoints the Agent as the Buyer’s Agent to perform the Services detailed in this agreement on behalf of the Buyer.

Agent’s Authority. The Agent’s authority to bind the Buyer is limited to the Services detailed in this Agreement. The Agent is not authorized to bind the buyer in any way whatsoever beyond the scope of the Services defined herein.

Buyer's Responsibility to Agent: Be reasonably available to see property. Provide accurate & complete information. Respond to communication in a timely fashion. Carefully read any purchase agreement, disclosures, amendments & offers before signing. Understand & acknowledge The Agency or Broker are not licensed home inspectors, HVAC certified, electricians or plumbers.

Cyber Fraud: Fraudulent emails are very common in attempting to get buyers and sellers to wire money pretending to be closing Attorney's, lenders, Agents etc.. Always contact the Agency & closing Attorney first by phone before wiring money for any reason. The closing Attorney typically sends wiring instructions to you but again, check the email to make sure it's coming from the true source & still call them because email phising can appear to look like the real email sender but it's not. Buyer is responsible for checking the sender name & emails from all communications. Buyer holds Broker harmless of cyber fraud.

Compensation. Broker shall have the right to share in the commissions and/or bonuses being paid by the listing broker or seller on any property purchased by the buyer per the license law. In the event, the listing Broker or seller does not agree to compensate our selling brokerage fee of 5% the buyer agrees to pay the fee at closing. This is no different than lender closing cost fees paid at closing or rolled into the loan. In addition, the buyer can decide to only view properties in which the seller is willing to pay the buyer Agent commission. The Agency also reserves the right charge a bonus of 1%. The Agency will negotiate that any bonuses be paid by the seller.

Relationship of the Parties. Nothing in this Agency Agreement shall constitute to create an employer-employee relationship between the Buyer and the Agent. The Agency is an independent contractor. The Agent is AK & Associates Family Limited Partnership dba Diamond Realty Brokers.

Term and Termination. This Agency Agreement shall be effective on the date hereof and shall continue for a period of (/year) or until the expressly agree upon date of the completion of the Services, unless it is earlier terminated in accordance with the terms of this Agreement (the “Term”). Either Party may terminate this agreement at any given time upon written notice to the other party.

If either Party subject to his agreement fails to follow through with their obligations under this Agreement, the non-breaching Party can terminate this Agreement by providing day written notice to the breaching Party.

The Buyer understands that the Agent may terminate this Agreement at any time if the Buyer fails to pay for the Services provided under this Agreement or if the Principal breaches any other material provision listed in this Agency Agreement in the manner as defined above. Principal agrees to pay any outstanding balances within days of termination.

Confidentiality. Throughout the duration of this Agreement, it may be necessary for the Agent to have access to the buyers confidential and protected information for the sole purpose of performing the Services subject to this Agreement. The buyer may choose to communicate directly with their residential lender. The buyer is not authorized to share the context of the agreement. The actual agreement is confidential.

The Agent is not permitted to share or disclose such confidential information whatsoever, unless mandated by law, without written permission from the Principal. The Agent’s obligation of confidentiality will survive the termination of this Agency Agreement and stay in place indefinitely.

Warranties and Representations. The Parties to this Agreement fully represent that they are authorized to enter into this Agency Agreement. The obligations and performance of either the Buyer or Agent shall not infringe upon or violate the rights of any third party or violate any other agreement between the Buyer or Agent, any other individual, business entity, or formal organization, or interfere with any law and or governmental regulation.

Indemnification and Release. The Parties both agree to agree to take all necessary precautions to prevent injury to any persons or damage to property during the term of this Agreement, and shall indemnify, defend and hold harmless the other Party, its officers, directors, shareholders, employees, representatives and/or agents from any claim, liability, loss, cost, damage, judgment, settlement or expense (including attorney’s fees) resulting from or arising in any way out of injury (including death) to any person or damage to property arising in any way out of any act, error, omission or negligence on the other Party and the other Party’s employees in the performance or failure to fulfill any Services or obligations under this Agreement. This obligation survives the termination of this contract.

Dispute Resolution Parties to this Agreement shall first attempt to settle any dispute through good-faith negotiation. If the dispute cannot be settled between the parties via negotiation, either party may initiate non public mediation, non court based mediation, through the Atlanta Realtors Association or Georgia Board of Realtors.

However, If the buyer is non responsive to our legal representatives and/or the Atlanta Realtors Association and/or Georgia Board of Realtors, the Agency reserves the right to litigate.

Governing Law. The Atlanta or Georgia Association of Realtors shall govern as to the interpretation, validity, and effect of this Agreement.

Legal Fees. Should a dispute between the named Parties arise lead to legal action, the prevailing Party shall be entitled to any reasonable legal fees, including, but not limited to attorneys’ fees.

Severability. In the event any part or provision of this Agreement is deemed unenforceable or invalid, in part or in whole, that part shall be severed from the remainder of the Agreement, and all other parts or provisions shall continue in full force and effect as valid and enforceable.

Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set out in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

No Assignment. This Agreement shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by either Party without the prior written consent of the other Party.

Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same Agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

Electronic Signatures. This Agreement and related documents entered into in connection with this Agreement are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.

Captions for Convenience. All captions herein are for convenience or reference only and do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.

Entire Agreement. This Agreement constitutes the sole and entire Agreement of the Parties regarding the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto.

IN WITNESS WHEREOF, the Buyer and Agent have executed this Buyer Customer Agreement on the day and year first above written.

Dated:

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Signed by Angel Knight
Signed On: June 7, 2024

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March 27, 2020 7:20 pm EDT

Customer Agreement Uploaded by Angel Knight - ak@angelknight.com IP 99.56.186.82