Last updated: October 7th, 2024

Homes & Zones: Sell it for Top Dollar Real Estate Agent Participation

AGREEMENT BETWEEN HOMES & ZONES AND PARTICIPATING REAL ESTATE AGENT
By agreeing to participate in Homes & Zones: Sell for Top Dollar (“the Show”), or by engaging with any related services provided in connection with the Show (collectively, the “Services”), you acknowledge and agree that you have entered into a legally binding agreement with Homes & Zones, 825 Church Street, Suite 1901, Toronto, ON, M4W 3Z4 (“we,” “us,” “our,” and “Homes & Zones”). This agreement consists of these Terms of Participation and Privacy Policy, all of which are hereby incorporated by reference (collectively referred to as the “Agreement”).

This Agreement (“Agreement”) is entered into by and between Homes & Zones ("H&Z"), a company providing real estate marketing and sponsorship services, and a licensed real estate agent ("Agent").

The parties agree as follows:

1. Pre-qualification of Home-Seller
H&Z agrees to pre-qualify potential home-sellers based on their genuine intent to sell their property within the next six (6) months. H&Z will schedule an appointment for the Agent to attend at the home-seller’s property.

2. Agent’s Responsibilities
At the appointment, the Agent agrees to:

(i) Evaluate the property and provide Homes & Zones with an accurate market analysis, including a suggested listing price.
(ii) Identify any deficiencies, minor improvements, preparations, and repairs necessary to make the home market-ready.
(iii) Provide H&Z with a report outlining the property's condition and required adjustments, along with three (3) direct comparables that have sold for less than the subject property.

In the event the Agent lists a home, or if a home-seller is selected for consideration of participating in the pilot, the Agent agrees to:

(iv) Use best efforts to sell the home to an arm’s length buyer before H&Z is required to purchase the property. 
(v) Continue marketing the property for sale to a third-party buyer until the property sells or H&Z closes on the purchase. 
(vi) Update H&Z on all market activity, including offers, expressions of interest, and potential third-party buyers.

3. Commitment and Fiduciary Duty to Home-Seller
(i) The Agent acknowledges that while H&Z may be contractually obligated to purchase the home for a Guaranteed price if it does not sell within 30 days, H&Z’s primary objective is to avoid such a purchase. Selling the home to an arm’s length buyer as soon as possible is the goal.
(ii) The Agent acknowledges that their primary fiduciary duty is to the home-seller. This duty requires the Agent to prioritize the home-seller’s best interests, irrespective of the property’s potential participation in the show pilot.

4. Third-Party Offers
(i) In the event the home-seller is selected for the pilot, the Agent agrees to cooperate fully with H&Z in relation to any third-party offers, including permitting H&Z with an opportunity to "top up" a third party purchaser’s offer in order to match the guaranteed price, if necessary, to avoid H&Z having to purchase the home.
(ii) The Agent will provide timely updates regarding offers and expressions of interest.

5. Pilot Episode & Future Series
The Agent understands that the show, Homes & Zones: Sell for Top Dollar, has not been green-lit and that the pilot episode is being produced as part of a sizzle reel to potentially secure network commitment for future seasonal episodes.

6. Guaranteed Purchase Structure
In the event H&Z or its representative must purchase a home:

(i) The agent acknowledges that they will not be entitled to any compensation from either the home seller or H&Z.
(ii) However, any commission or sponsorship fee will remain payable if the home seller engages the agent to purchase a property.

7. Sponsorship Fee
In consideration for being provided exclusive access to pre-qualified home-seller introductions, the Agent agrees to pay H&Z an agreed upon sponsorship or marketing fee based on an agreed upon formula.

8. Confidentiality
The Agent agrees to maintain the confidentiality of all proprietary information shared by H&Z, including marketing strategies, and any information related to the production of the pilot episode. This obligation shall survive the termination of this Agreement.
 

9. Mutual Non-Disparagement

Both the Agent and Homes & Zones agree not to make any disparaging or negative statements about each other, including any of Homes & Zones’ sponsors, or the Homes & Zones: Sell for Top Dollar program.

10. Arbitration
Any disputes arising from or related to this Agreement shall be settled through binding arbitration under the rules of the ADR Institute of Ontario. Both parties agree that arbitration shall be the exclusive method of resolving disputes, and the decision of the arbitrator shall be final and binding.

11. General Provisions
Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements or understandings.

12. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.

13. Modification:
No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

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If you have any questions about this Agreement, please contact us by email: tvshow@homesandzones.com

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