Real Estate Legal and Home Repair Service Agreement
Page 2
IV.
Conditions:
The Member shall not admit or assume any liability, enter into any
settlement agreement, or stipulate to any Repair Cost without the prior
written consent of RERM Only those Legal Fees and Repair
Costs to which RERM has consented shall be reimbursable under the
terms of this Plan.
In the event that a counter-claim, cross-complaint or similar action is filed
against the Member in a suit, legal proceeding or action originally
brought by the Member, RERM has no obligation to provide
reimbursement for the counter-claim, cross-complaint or similar action,
regardless of whether the allegations of such counter-claim, cross-complaint or
similar action would otherwise constitute a Covered Event.
In the event that an Event is instituted against the Member
and the Member prosecutes a counter-claim, cross-complaint or similar
action in defense of the Event, and Legal Expense incurred shall
be reimbursed, subject to the Maximum Amount Reimbursable.
Any and all appeals shall be considered to be part of the underlying Event
and treated as a single Event. Any and all related lawsuits,
arbitrations or mediation proceedings arising out of the Event shall be
treated as a single Event.
It shall be a condition precedent to any coverage hereunder that the
Member gives written notice to RERM of the institution of any
Event within 10 days from the date of institution of the
Event.
Cancellation – This Plan cannot be cancelled and will continue for 180
days from the close of escrow.
The Real Estate Broker shall provide to RERM a list of
those sellers of homes who entered into Completed Contracts within 30 days of
the close of escrow. Failure to include a seller in a list submitted to
RERM within 60 days of the Completed Contract shall
prevent such seller from thereafter being listed and added as a Member.
If a Member contacts RERM with an Event and that
transaction was not registered with RERM by the Real Estate Broker
the Member will have 30 days to submit verification of the Completed
Contract.
A Home Inspection by a certified home inspector or licensed building
contractor must be completed prior to the close of escrow. There will be
no coverage for an Event when the Buyer has waived his
right to inspect.
QUALIFICATIONS FOR MOLD COVERAGE:
All parties involved in the transaction must sign the RERM
approved Toxic Mold Disclosure.
An RERM approved Certified Environmental Hygienist must complete
a Toxic Mold physical inspection prior to the close of escrow. The Buyer
and Seller must sign a disclaimer if he/she does not wish to have a physical
mold inspection.
Any verbal dispute, written claim or demand must be reported to
RERM within 10 days of receipt and
submitted to the Alternative Dispute
Resolution and Mediation Services Division
of RERM
QUALIFICATIONS FOR ROOF
COVERAGE:
A complete roof
inspection and roof certification must be done by a licensed roof inspector
prior to the close of escrow.
Any verbal dispute, written claim or demand must be reported to
RERM within 10 days of receipt and
submitted to the Alternative Dispute
Resolution and Mediation Services Division
of RERM
 |