NAR - National Associations of Realtors - Written Buyer Agreements 101

Written Buyer Agreements 101 Written buyer agreements benefit consumers because they clearly and transparently outline the services an MLS Participant will provide and how they will be compensated. Beginning August 17, 2024, an MLS Participant “working with” a buyer will be required to enter into a written agreement with the buyer prior to touring a home, including both in-person and live virtual tours. This resource provides information about what provisions must be included in the written agreement pursuant to the NAR settlement as well as other provisions that, while not required by the settlement, MLS Participants may consider addressing with their clients. As you develop or refresh your agreement forms, keep in mind: Agreement forms should account for the choice and optionality consumers and real estate professionals have when negotiating the terms of their relationship permissible under state law. Agreement forms should give the real estate professional and consumer the ability to efficiently memorialize the relationship based on the transparent and clear conversation they have when deciding to work together. Mandatory Provisions Pursuant to paragraph 58(vi) of the NAR proposed settlement agreement, written buyer agreements must: Specify and conspicuously disclose the amount or rate of any compensation the MLS Participant will receive from any source, or how this amount will be determined; The amount of compensation must be objectively ascertainable and may not be open-ended (e.g., “buyer broker compensation shall be whatever amount the seller is offering to the buyer”); Include a statement that MLS Participants may not receive compensation from any source that exceeds the amount or rate agreed to with the buyer; Disclose in conspicuous language that broker commissions are not set by law and are fully negotiable; and Include any provisions required by law. Other Considerations When Entering Into a Buyer Agreement: While not required by NAR policy changes, there are several other considerations and contractual provisions for MLS Participants, associations, MLSs and other forms providers to consider when creating or updating written buyer agreements: Format: Agreements should be organized, written in understandable terms for all parties, and use a clear, readable font size. MLS Participants are cautioned to avoid pre-filling key terms like length of the agreement and compensation, and to avoid changing provisions without legal advice. Types of Representation: To maximize broker and buyer choice, consider all types of written buyer agreements permitted by state law, including short form, limited service, agency, non-agency, transactional, customer, among others. Broker Services: Agreements should clearly articulate the services the MLS Participant will provide buyer. Consumer Protection: Agreements should clearly disclose all contractual obligations of the buyer, duties of confidentiality owed to the buyer, the Equal Housing Opportunity statement. Consider including warnings regarding wire fraud as well as video and audio recording by sellers while touring a home for sale. MLS Participants may also notify consumers that they are providing real estate brokerage services and advise buyers to seek appropriate professional services from inspectors, lenders, attorneys, tax advisors and title agents, among others. Term and Termination: MLS Participants and buyers can negotiate and agree to the duration of the agreement, including whether the term is automatically extended until closing upon purchase contract ratification. Buyer agreements may include provisions addressing termination with cause and without cause by both the buyer and the MLS Participant. Termination by the buyer may also address whether there is a carryover period, where compensation may be owed to the MLS Participant if the buyer terminates the written buyer agreement and subsequently executes a purchase agreement within an agreed upon time following termination of the buyer agreement. Compensation and Fees: In addition to the mandatory provisions above, MLS Participants and buyers may agree to a retainer fee and address whether any retainer is included in total compensation, credited against compensation and/or refundable. Conflicts of Interest: Consider addressing how MLS Participants resolve potential conflicts of interest during the term of the agreement, including disclosure and consent for representing other buyers submitting offers on the same property, dual agency, designated agency, or transaction brokerage. Dispute Resolution: Written buyer agreements may include mandatory or optional alternative dispute resolution, such as mediation or arbitration. The parties may also agree to waive trial by jury and class actions in the event of litigation relating to the agreement. NAR Policy Will Not Dictate: Type of relationship the professional has with the potential buyer (e.g., agency, non- agency, exclusive, non-exclusive, subagency, transactional, customer); Term of the agreement (e.g., one day, one month, one house, one zip code); Services to be provided (e.g., ministerial acts, a certain number of showings, negotiations, presenting offers); or Type or amount of compensation charged (e.g., $0, X flat fee, X percent, X hourly rate). © 2024 National Association of REALTORS®. All Rights Reserved.

Nocatee Certified Agent - Let's take a NocaTour together!

  Joanie McCutcheon is a Nocatee Certified Agent, having completed the certification process each of the past 5 years. By being a Nocatee Certified Agent, I will have access to all the information I need to provide the Nocatee Lifestyle vision to potential buyers, as well as represent sellers at a higher level. The Nocatee community and lifestyle is unparalled due to the location on the western bank of the Intracoastal Waterway, and only a 15 minute drive to Mickler's Landing Beach on the Atlantic Ocean. Being a Nocatee Certified Agent, I have access to all the Nocatee information and “Realtor Tool Kit” that features all of the latest guides, photos, videos and more. Also, I can schedule a NocaTour with the Nocatee Welcome Center to go on a golf cart trip throughout the community so my customers can experience the Nocatee Lifestyle. On the NocaTour, the golf cart can hold up to 6 people and you will experience Nocatee’s amazing outdoor amenities and trails. Many residents of Nocatee use their golf cart instead of their vehicle to travel throughout the community on designated golf cart paths which have stop lights at major intersections! Whether you are a buyer interested in the Nocatee community, or a homeowner looking to sell your Nocatee home, contact Joanie and George McCutcheon at 904-325-5222 so we can discuss all the services we have to offer you.

St Johns County Community Information - History, Schools, Restaurants, Beaches and More!

In 1821, St. Johns County was one of the two original counties established after Florida was surrendered to the United States. The St Johns River runs along the western border of the county and the Atl antic Ocean is on the eastern border, making for amazing sunrises and sunsets, depending on where you are located. The St Johns River flows north from the Orlando area to Jacksonville and exits in to the Atlantic Ocean in north Jacksonville by the Mayport Naval Station (NAS Mayport). Manatee are known to be seen up and down the river and during winter months, they are located in the warmer waters close to the springs that feed the river. (Blue Springs State Park south of DeLand does a “snout count” daily on how many manatee are in their springs. January is a great time to visit Blue Springs State Park!) St Johns County’s largest city is St. Augustine, established in 1565 and is the oldest city in America. Aviles Street, just west of A1A Ale House, is the oldest street in the US. The intra-coastal waterway flows through St Augustine allowing for beautiful views and waterside dining.   St Johns County Schools Currently, the St Johns County school district is comprised of: 18 elementary schools (K–5) 7 K-8 school (K–8) 7 middle schools (6–8) 9 high schools (9–12) 2 alternative center (K-12) 3 charter schools (including a vocational-technical college) 1 virtual school 2 state colleges (Flagler College & St Johns River Community) For more information regarding St Johns County schools, please click the following links: http://www.stjohns.k12.fl.us/ http://www.flagler.edu/ http://www.sjrstate.edu/   The Florida School for the Deaf and Blind The Florida School for the Deaf & Blind is a state run school located on 82 acres overlooking the Intracoastal in St Augustine. Founded in 1885, the school has grown to the largest Deaf & Blind school in the United States, offering 47 buildings where students live in dormitories during the week and then transported back to their homes all over Florida for the weekend. The current state budget is $30M which currently serves about 600 students on the St Augustine campus and another estimated 400 toddlers and infants statewide, along with their parents through the Parent Infant Program. The Florida School for the Deaf and Blind offers their students 11 team sports: football, flag football, goalball, volleyball, wrestling, swimming, basketball, cheerleading, soccer, track & field, and cross country running. The school is a member of the FHSAA – Florida High School Athletic Association and competes with both private and public schools throughout Florida and the country.   Dining Delicious places to eat: Metro Diner (Featured in Guy Fieri's Diners, Drive-Ins, and Dives ) The Reef Restaurant Caps on the Water Aunt Kates on the Water Hurricanes A1A Ale Works Restaurant and Taproom Taps Bar and Grill Woodpeckers BBQ Parlor Donuts Starbucks Dunkin Donuts PDQ Kingfish Grill on the Water Beaches at Vilano Columbia Restaurant Salt Life Food Shack Harry’s Seafood, Bar & Grill Georgie’s Diner The Conch House Restaurant Sunset Grill Beachcomber Restaurant Crave The Tide’s Oyster Co. & Grill A1A Burito Works Black Molly Grill Ned’s Southside Kitchen Hurricane Patty’s Ice Plant Bar – Farm to Table Fare Catch 27 Prohibition Kitchen Pizza Time Barnacle Bills   Shopping Our favorite places to shop: City of St Augustine Specialty Shops on St George Street St Augustine Premium Outlet Mall Pink Nickel Makk Fashion Faux Paws Red Pineapple Blue Sky Surf Shop Surf Station Cottonways Aqua East Surf Shop Publix Walmart Neighborhood Market St Augustine Amphitheater Farmers Market Home Depot Lowes Dollar Tree Barnes and Noble Staples Marshalls ULTA Office Max Goodwill CVS Walgreens   Hospital Facilities to help you heal: Baptist Medical Center South – Emergency Room Flagler Hospital, St Augustine Brooks Rehabilitation, St Augustine   Historic Sites Amazing historical sites to visit: Fort Matanzas National Monument, St Augustine Flagler College, St Augustine Old Jail and Paranormal Investigations, St Augustine Old City, St Augustine Cathedral Basilica of St Augustine Memorial Presbyterian Church, St Augustine St Augustine Lighthouse and Maritime Museum, St Augustine Mission of Nombre de Dios, St Augustine St Photios Greek Orthodox National Shrine, St Augustine St George Street, St Augustine Colonial Quarter, St Augustine Villa Zorayda Museum, St Augustine Fountain of Youth Archaeological Park, St Augustine Oldest House Museum Complex, St Augustine Fort Mose, St Augustine Pena-Peck House and Woman’s Exchange of St Augustine Oldest Wooden Schoolhouse, St Augustine Black Raven Pirate Ship, St Augustine Bridge of Lions, St Augustine Old Senator 600+ Year Old Live Oak Tree at the Villa 1565 Hotel Parking Lot   Parks and Beaches Surf, Sand and Serenity: Alpine Grove Park, Switzerland/Fruit Cove Guana Tolomato Matanzas National Estuarine Research Reserve Vilano Beach and Pier St Johns County Ocean Pier St Augustine Beach Micklers Beach, Ponte Vedra Mills Field, Fruit Cove Veterans Park, St Johns Anastasia State Park, St Augustine Durbin Park, St Johns Palencia Park, St Augustine RiverTown Park, Fruit Cove Davis Park, Ponte Vedra Frank Butler County Park West, St Augustine   Bed and Breakfast Comfy places to rest your head and fill your tummy: Beachfront Bed and Breakfast, St Augustine Beach Peace and Plenty Inn, St Augustine Bayfront Marin House, St Augustine Victorian House, St Augustine St Francis, St Augustine Casa de Solana Bed and Breakfast, St Augustine At Journeys End Bed and Breakfast, St Augustine The Kenwood Inn, St Augustine Old City House Inn & Restaurant, St Augustine St George Inn, St Augustine Carriage Way Bed & Breakfast, St Augustine   Golf Hit the links on these public and private courses: TPC Sawgrass Country Club, Ponte Vedra Beach Ponte Vedra Inn and Club, Ponte Vedra Beach Julington Creek Golf Club, Fruit Cove Cimarrone Golf Club, St Johns St Johns Golf & Country Club, St Johns The Golf Club at South Hampton, St Johns Stillwater Golf and Country Club, St Johns Marsh Landing Country Club The PGA Tour Golf Academy, St Augustine First Tee – Non-Profit Youth Golf Based Personal Growth Programs, St Augustine Slammer & Squire Golf Course, St Augustine King & Bear Golf Course, St Augustine The Palencia Club, St Augustine Marsh Creek Country Club, St Augustine Beach Royal St Augustine Golf & Country Club, St Augustine Palm Valley Golf Club & Practice Range, Ponte Vedra   Water Activities Fun in the sun: Freedom Boat Club - Mandarin, Jacksonville Beach & St Augustine Julington Creek Marina, Mandarin Mandarin Holiday Marina, Mandarin Mandarin Park Boat Ramp Hagan Coastal Outfitters (Hagen Ace Hardware), Mandarin Surf Station, Anastasia Island/St Augustine Anastasia Watersports, Anastasia Island/St Augustine Florida Water Tours, St Augustine St Augustine ECO Tours, St Augustine Extreme Water Adventures for Flyboarding Hydro Flying, St Augustine Bluewater Adventure, St Augustine St Augustine Paddle Sports, St Augustine Pit Surf Shop, St Augustine Beach   Boating and Fishing Relax on the water: Freedom Boat Club - Julington Creek, Jax Beach & St Augustine Devils Elbow Fishing Resort & Boat Rental, St Augustine Emory King Charter Boat, St Augustine St Augustine Boat Rentals, St Augustine Game On Fishing Charters, St Augustine St Augustine Fishing Charters, St Augustine Drop Down Sport Fish Charters, Camachee Cove Marina, St Augustine Ancient City Sport Fishing, Camachee Cove Marina, St Augustine Brian Walker Fishing Charters, Camachee Cove Marina, St Augustine The Legend Fishing Adventures, Camachee Cove Marina, St Augustine Florida Water Tours, Camachee Cove, St Augustine

Explore St. Augustine Florida

Founded in 1565 by Spanish explorers, St Augustine is the oldest city in America, as well as St Johns County’s largest city. The St Augustine Inlet provides access for commercial ships and pleasure boats from the Atlantic Ocean to the Intracoastal Waterway (ICW). Local attractions such as three historical forts including Matanzas Fort, Fort Mose and Castillo de San Marcos- a 17th century Spanish coquina fortress overlooking the St Augustine Inlet, The Fountain of Youth, Ripley’s Believe It or Not!, the Alligator Farm, Marineland and the St Augustine Lighthouse continue to bring tourists to this historical city. The Anastasia State Park is across the Bridge of Lions from the City of St Augustine and is a protected wildlife santuary. During the holidays, St Augustine hosts the Night of Lights where about three million twinkling lights adorn the city over a two months when thousands of people visit to enjoy this magical experience.