NOTE : When dual agency arises, an individual agent shall not practice designated agency and shall remain a dual agent if the individual agent has actually received confidential information concerning a seller client of the Firm in connection with the transaction or if designated agency is otherwise prohibited by law. 17. MEDIATION: If a dispute arises out of or related to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If the need for mediation arises, the parties will choose a mutually acceptable mediator and will share the cost of mediation equally. 18. CONSENT TO ELECTRONIC SIGNATURES AND DOCUMENTS. Buyer hereby consents to use of electronic means for conducting the transactions contemplated by this Agreement, including electronic documents, email delivery and electronic signatures. Email delivery of documents and written notices shall be effective upon the electronic transmission of the document or notice to the email address specified in this Agreement below for each Buyer and Individual Agent. Buyer shall have the following rights: • Right to Receive Paper Document: You have the right to have any document provided in paper form. If you want a paper copy of any document sent to you by mail, send your request to the Individual Agent at the mail or e-mail address provided below. Paper copies will be provided at no charge. • Right to Withdraw Consent. You have the right to withdraw your consent to receive electronic documents by e-mail by contacting the Individual Agent by mail or e-mail at the address provided below. The legal validity and enforceability of the electronic documents, signatures and deliveries used prior to withdrawal of consent will not be affected. • Changes to Your E-Mail Address. You should keep the Individual Agent informed of any change in your electronic or e-mailing address. Please notify the Agent as promptly as possible by mail or e-mail at the address provided below of any such changes. 19. SURVEILLANCE: Buyer is advised to be mindful of the fact that there could be video/audio/surveillance device(s) located on any property examined by Buyer and that Buyer or Buyer’s representatives may be under surveillance during any such examination. Federal and State laws prohibit the interception of an oral communication through the use of any electronic, mechanical, or other device, whether or not recorded, without the consent of a party to that communication. However, video surveillance without consent is not illegal and audio surveillance sometimes occurs, despite illegality. 20. PHOTOGRAPHS AND VIDEO: Unless a property owner has notified the public that photography and video recording is prohibited, it is permissible to photograph or video the interior of private property since the owner's permission to enter the property implies permission to do so. However, under no circumstances may Buyer take photographs or videos that intrude on a property owner's reasonable expectations of privacy. Buyer should only photograph or video things that are in "plain view". For example, taking a photo or video of the contents of a medicine cabinet or of financial records in a desk drawer would be impermissible. In addition, any permitted photography or video should be used only in a manner related directly to Buyer’s examination and purchase of a property. TAKING IMPERMISSIBLE PHOTOGRAPHS OR VIDEOS OR USING THEM FOR AN IMPERMISSIBLE PURPOSE COULD SUBJECT BUYER TO CIVIL LIABILITY. Buyer acknowledges and understands that neither Firm nor its agents have control over information about any property Buyer may purchase that has been placed on the Internet in connection with the marketing of any such property for sale, whether by or through a listing service or otherwise, including but not limited to photographs, and that any such information will not be removed following Buyer's purchase of any such property. 21. ENTIRE AGREEMENT/CHANGES/TERMINATION. This Agreement constitutes the entire agreement between Buyer and Firm relating to the subject thereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Agreement. This Agreement may be signed in multiple originals or counterparts, all of which together constitute one and the same instrument. No modification of any of the terms of this Agreement shall be valid, binding upon the parties, or entitled to enforcement unless such modification has first been reduced to writing and signed by both Buyer and Firm. Buyer acknowledges and understands that this Agreement constitutes a binding contract between Buyer and Firm. Although Buyer may at any time withdraw from the fiduciary relationship existing between Buyer and Firm, the contract created by this Agreement may not be terminated by Buyer or Firm prior to its Expiration Date without legally sufficient cause. Any such termination shall be by mutually-acceptable written agreement signed by both Buyer and Firm. 22. REFERRAL ASSISTANCE. Coldwell Banker Howard Perry and Walston is a proud partner of the Cartus Broker Network, a performance based network, with strict measurements and standards for its members. Your individual Coldwell Banker Howard Perry and Walston agent can assist you in the sale of your property with referral to other professional Realtors from where you may be moving, with the assistance of our referral managers and our Cartus Broker Network. We will be compensated for this service, but it will cost you nothing extra. The success of and your satisfaction with your move is very important to us and we will be your partner in that process if you would like some help. ____________ (Initial here) Yes, I am aware of Coldwell Banker Howard Perry and Walston Relocation Services and I am interested in referral assistance for a Broker in another area. ____________ (Initial here) No, I have no need for referral assistance at this time.
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