TERMS OF USE

In order for Investment Realty Advisors LLC (“Broker Subscriber”) to provide you (“Registrant”) with access to the data contained in the Member area, the terms below must be agreed upon. Please read the agreement closely as Registrant is entering into a lawful consumer-broker relationship with the Broker Subscriber.

Registrant agrees and acknowledges that all information obtained by Registrant’s use of www.MultiUtah.com is intended only for the Registrant’s personal, non-commercial use. Furthermore, the Registrant acknowledges a bona fide interest in the purchase, sale, or lease of real estate of investment real estate. Registrant agrees not to copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property. Registrant acknowledges that the Wasatch Front Regional Multiple Listing Service, Inc. ("WFR") is the owner of and copyright holder of MLS property data.

INITIAL BUYER-BROKER AGREEMENT & AGENCY DISCLORURE

Either party can cancel this agreement at any time by providing written notice. THIS INITIAL BUYER-BROKER AGREEMENT & AGENCY DISCLOSURE ("Buyer-Broker Agreement") is entered into between Investment Realty Advisors LLC (the "Company") and you (the "Buyer").

 1. TERM OF AGREEMENT. Either party may cancel this agreement at any time, by providing written notice. The Buyer hereby retains the Company starting on the registration date and ending upon written notice to either party, or upon 30 days of Buyer inactivity on www.MultiUtah.com (the "Initial Term"), to act as the Buyer's Agent in locating and/or negotiating for the acquisition of a property in Utah. During the Initial Term of this Buyer-Broker Agreement, and any extensions thereof, the Buyer agrees not to enter into another buyer-broker agreement with another real estate agent or brokerage, without first cancelling this agreement in writing, or having 30 days of inactivity on the site.

2. BUYER REPRESENTATIONS/DISCLOSURES.  The Buyer warrants that the Buyer has not entered into any other Buyer-Broker Agreement with any other brokerage that is still in force and effect. The Buyer will: (a) In all communications with other real estate agents, notify the agents in advance that the Buyer has entered into this Buyer-Broker Agreement with the Company; (b) Furnish the Buyer's Agent with relevant personal and financial information to facilitate the Buyer's ability to acquire a property; (c) Exercise care and diligence in evaluating the physical and legal condition of the property selected by the Buyer; (d) Hold harmless the Company and the Buyer's Agent against any claims as the result of any injuries incurred while inspecting any property; (e) Upon signing of this Buyer-Broker Agreement, personally review and sign the Buyer Due Diligence Checklist form; and (f) Disclose to the Buyer's Agent all properties in which the Buyer, as of the date of this Buyer-Broker Agreement, is either negotiating to acquire or has a present interest in acquiring.

3. AGENCY RELATIONSHIPS.
    3.1  Duties of a Buyer's Agent.  By signing this Buyer-Broker Agreement, the Buyer designates the Buyer's Agent and the Principal/Branch Broker for the Company (the "Broker"), as agents for the Buyer to locate properties as referenced in Section 1 above for Buyer's consideration and review. The Buyer authorizes the Buyer's Agent or the Broker to appoint another agent in the Company to also represent the Buyer in the event the Buyer's Agent or the Broker will be unavailable to service the Buyer. As agents for the Buyer, the Buyer's Agent and Broker have fiduciary duties to the Buyer that include loyalty, obedience, full disclosure, confidentiality, reasonable care, and any other duties required by law.
     3.2  Duties of a Limited Agent. The Buyer understands that the Buyer's Agent and the Broker may now, or in the future, be agents for a seller who may have a property that the Buyer may wish to acquire. Then the Buyer's Agent and the Broker may be acting as Limited Agents - representing both the Buyer and the seller at the same time. A Limited Agent has fiduciary duties to both the Buyer and the seller as required by law. However, some of those duties are "limited" because the agent cannot provide to both parties undivided loyalty, confidentiality and disclosure. For this reason, the Limited Agent is bound by a further duty of neutrality. Being neutral, the Limited Agent may not disclose to either party information likely to weaken the bargaining position of the other – for example, the highest price the Buyer will offer, or the lowest price the seller will accept. However, the Limited Agent will be required to disclose information given to the agent in confidence by the other party if failure to disclose such information would be a material misrepresentation regarding the Property or regarding the ability of the parties to fulfill their obligations. The Buyer is advised that neither the Buyer nor the seller is required to accept a limited agency situation in the Company, and each party is entitled to be represented by its own agent. In the event a limited agency situation arises, the Buyer's Agent and the Broker, as applicable, may only act as Limited Agents based upon a separate Limited Agency Consent Agreement signed by the seller and Buyer.

4. PROFESSIONAL ADVICE. The Company and the Buyer's agent are trained in the marketing of real estate. Neither the Company nor the Buyer's Agent are trained or licensed to provide the Buyer with professional advice regarding the physical condition of any property or regarding legal or tax matters. The Buyer is advised not to rely on the Company, or any agents of the Company, for a determination regarding the physical or legal condition of the property, including, but not limited to: past or present compliance with zoning and building code requirements; the condition of any appliances; the condition of heating/cooling, plumbing, and electrical fixtures and equipment; sewer problems; moisture or other problems in the roof or foundation; the availability and location of utilities; the location of property lines; and the exact square footage or acreage of the property. As part of any written offer to purchase a property, the Company strongly recommends that the Buyer engage the services of appropriate professionals to conduct inspections, investigations, tests, surveys, and other evaluations of the property at the Buyer's expense. If the Buyer fails to do so, the Buyer is acting contrary to the advice of the Company.  

5. DISPUTE RESOLUTION. The parties agree that any dispute related to this Buyer-Broker Agreement, arising prior to or after the acquisition of a property, shall first be submitted to mediation through a mediation provider mutually agreed upon by the Buyer and the Company. Each party agrees to bear its own costs of mediation. If mediation fails, the other remedies available under this Buyer-Broker Agreement shall apply.  

6. ATTORNEY FEES/GOVERNING LAW. Except as provided in Section 5, in case of the employment of an attorney in any matter arising out of this Buyer-Broker Agreement, the prevailing party shall be entitled to receive from the other party all costs and attorney fees, whether the matter is resolved through court action or otherwise. If, through no fault of the Company, any litigation arises out of the Buyer's employment of the Company under this Buyer-Broker Agreement (whether before or after the acquisition of a property), the Buyer agrees to indemnify the Company and the Buyer's Agent from all costs and attorney fees incurred by the Company and/or the Buyer's Agent in pursuing and/or defending such action. This Buyer-Broker Agreement shall be governed and construed in accordance with the laws of the State of Utah.  

7. BUYER AUTHORIZATIONS. The Buyer authorizes the Company and/or Buyer's Agent to: (a) Disclose after Closing to each MLS in which the Company participates (consistent with the requirements of each such MLS), the final terms and sales price of the property acquired by Buyer under the terms of this Agreement; and (b) Communicate with the Buyer for the purpose of soliciting real estate related goods and services during and after the term of this Buyer-Broker Agreement. The Buyer further agrees that in any transaction for the acquisition of any property, as referenced in Section 1 above, the Earnest Money Deposit may be placed into an interest-bearing trust account with interest paid to the Utah Association of Realtors® Housing Opportunity Fund (UARHOF) to assist in creating affordable housing throughout the state.  

8. EQUAL HOUSING OPPORTUNITY. The Buyer and the Company will comply with Federal, State, and local fair housing laws.  

9. ELECTRONIC TRANSMISSION & COUNTERPARTS. Electronic transmission (including email and fax) of a signed copy of this Buyer Broker-Agreement and any addenda, and the retransmission of any signed electronic transmission, shall be the same as delivery of an original. This Buyer-Broker Agreement and any addenda may be executed in counterparts.  

 10. DUE-ON-SALE. Certain types of transactions may trigger what is commonly referred to as a "due-on-sale" clause. A "due-on-sale" clause typically states that the seller's lender or mortgagee may call the loan due and payable in full if the seller participates in certain types of transactions. These types of transactions may include, but are not limited to, transactions where: (a) The sale of the property does not result in the underlying debt being paid in full; (b) The parties enter into a seller-financed transaction; (c) A lease option agreement is entered into; or (d) Any other unauthorized transfer of title to the Property has occurred without the lender's consent. The Buyer understands that if any underlying encumbrances or mortgages on the Property contain a "due-on-sale clause," and the "due-on-sale" clause is triggered, the lender may call the entire unpaid balance of the loan immediately due.  

11. ENTIRE AGREEMENT. This Buyer-Broker Agreement, including the Buyer Due Diligence Checklist form, contains the entire agreement between the parties relating to the subject matter of this Buyer-Broker Agreement. This Buyer-Broker Agreement shall not be modified or amended except in writing signed by the parties hereto.  

12. EFFECTIVE DATE. This Buyer-Broker Agreement is entered into and is effective as of the date: (a) The Buyer successfully registers on www.multiutah.com and the authorized Buyer's Agent or Broker have signed this Buyer-Broker Agreement; and (b) The authorized Buyer's Agent or Broker has received a mutually signed copy of this Buyer-Broker Agreement (the "Effective Date").  

THE UNDERSIGNED hereby accept the terms of this Buyer-Broker Agreement.

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