OFF-MARKET REGISTRATION
To access materials you must complete the form below to acknowledge acceptance of the three (3) separate agreements below. The first is an Agency Disclosure, the second is a Confidentiality Agreement and the third is a Transaction Broker Agreement. Do not execute this if you are not authorized to bind your firm to legally-binding agreements.
Review the Agency Disclosure and Fee Agreement below and complete the form to acknowledge acceptance of each..
This is opportunity is off-market and access is limited only to Principals.
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By clicking on the “I Accept” button, completing the registration process, browsing the Website, or otherwise accessing or using any of the Services, you represent that (a) you have read, understand, and agree to be bound by the Agreement, (b) you are of legal age to form a binding contract with EastGate Multifamily LLC, and (c) you have the authority to enter into the Agreement personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to the Agreement. The term “you” refers to the individual or such legal entity, as applicable. If you, or if applicable, such legal entity, do not agree to be bound by the Agreement, you, and if applicable, such legal entity, may not access or use any of the Services.
Scroll to review the Agency Disclosure that you will be acknowledging and agreeing to.
Agency Disclosure
EASTGATE MULTIFAMILY LLC WILL BE OPERATING AS A TRANSACTION BROKER.
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The following Agency Form can be found at:
https://llr.sc.gov/re/recpdf/Doc170%20SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf
SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIP
Pursuant to South Carolina Real Estate License Law in S.C. Code of Laws Section 40-57-370, a real estate licensee is required to provide you a meaningful explanation of agency relationships offered by the licensee’s brokerage firm. This must be done at the first practical opportunity when you and the licensee have substantive contact.
Before you begin to work with a real estate licensee, including being shown a home (or any property), it is important for you to know the difference between a broker-in-charge and associated licensees. The broker-in- charge is the person in charge of a real estate brokerage firm. Associated licensees may work only through a broker-in-charge. In other words, when you choose to work with any real estate licensee, your business relationship is legally with the brokerage firm and not with the associated licensee.
A real estate brokerage firm and its associated licensees can provide buyers and sellers valuable real estate services, whether in the form of basic customer services, or through client-level agency representation. The services you can expect will depend upon the legal relationship you establish with the brokerage firm. It is important for you to discuss the following information with the real estate licensee and agree on whether in your business relationship you will be a customer or a client.
You Are a Customer of the Brokerage Firm
South Carolina license law defines customers as buyers or sellers who choose NOT to establish an agency relationship. The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose “material adverse facts” about the property or the transaction which are within the licensee’s knowledge.
Unless or until you enter into a written agreement with the brokerage firm for agency representation, you are considered a “customer” of the brokerage firm, and the brokerage firm will not act as your agent. As a customer, you should not expect the brokerage firm or its licensees to promote your best interest.
Customer service does not require a written agreement; therefore, you are not committed to the brokerage firm in any way unless a transaction broker agreement or compensation agreement obligates you otherwise.
Transaction Brokerage
A real estate brokerage firm may offer transaction brokerage in accordance with S.C. Code of Laws Section 40- 57-350. Transaction broker means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. The duties of a brokerage firm offering transaction brokerage relationship to a customer can be found in S.C. Code of Laws Section 40-57-350(L)(2).
You Can Become a Client of the Brokerage Firm
Clients receive more services than customers. If client status is offered by the real estate brokerage firm, you can become a client by entering into a written agency agreement requiring the brokerage firm and its associated licensees to act as an agent on your behalf and promote your best interests. If you choose to become a client, you will be asked to confirm in your written representation agreement that you received this agency relationships disclosure document in a timely manner.
A seller becomes a client of a real estate brokerage firm by signing a formal listing agreement with the brokerage firm. For a seller to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the seller and the brokerage firm which becomes the agent for the seller.
A buyer becomes a client of a real estate brokerage firm by signing a formal buyer agency agreement with the brokerage firm. For a buyer to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the buyer and the brokerage firm which becomes the agent for the buyer.
If you enter into a written agency agreement, as a client, the real estate brokerage has the following client-level duties: obedience, loyalty, disclosure, confidentiality, accounting, and reasonable skill and care. Client-level services also include advice, counsel and assistance in negotiations.
Single Agency
When the brokerage firm represents only one client in the same transaction (the seller or the buyer), it is called single agency.
Dual Agency
Dual agency exists when the real estate brokerage firm has two clients in one transaction – a seller client and a buyer client. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to represent both you and the other client in a disclosed dual agency relationship.
Disclosed Dual Agency
In a disclosed dual agency, the brokerage firm’s representation duties are limited because the buyer and seller have recognized conflicts of interest. Both clients’ interests are represented by the brokerage firm. As a disclosed dual agent, the brokerage firm and its associated licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning the price negotiations, terms, or factors motivating the buyer/client to buy or the seller/client to sell. Each Dual Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.
Designated Agency
In designated agency, a broker-in-charge may designate individual associated licensees to act solely on behalf of each client. Designated agents are not limited by the brokerage firm’s agency relationship with the other client, but instead have a duty to promote the best interest of their clients, including negotiating a price. The broker-in- charge remains a disclosed dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other client in a designated agency. Each Designated Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.
It’s Your Choice
As a real estate consumer in South Carolina, it is your choice as to the type and nature of services you receive.
You can choose to remain a customer and represent yourself, with or without a transaction broker agreement.
You can choose to hire the brokerage firm for representation through a written agency agreement.
If represented by the brokerage firm, you can decide whether to go forward under the shared services of dual agency or designated agency or to remain in single agency.
If you plan to become a client of a brokerage firm, the licensee will explain the agreement to you fully and answer questions you may have about the agreement. Until you enter into a representation agreement with the brokerage firm, you are considered a customer and the brokerage firm cannot be your advocate, cannot advise you on price or terms, and only provides limited confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise.
By signing this disclosure, you do not agree to pay a commission or any other compensation to a brokerage firm. The amount, rate, and source of any compensation for brokerage service will be contained in a separate agreement. Commissions are fully negotiable and not set by law.
The choice of service belongs to you – the South Carolina real estate consumer.
Acknowledgement of Receipt by Consumer:
Signature: Date:
Signature: Date:
Acknowledgement of Receipt by
(Brokerage Firm Name)
Signature:
Date:
EastGate Multifamily, LLC
Chris Yeagle, Managing Partner
183 Brady Street, Daniel Island, SC 29492
843-860-6908
chris@eastgatemultifamily.com
www.eastgatemultifamily.com
Licensing: FL: 3010970, GA: 220941, SC: 68049, NC: 299692
Disclosure of Real Estate Brokerage (Rev.10/2024)
https://llr.sc.gov/re/recpdf/Doc170%20SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf
Scroll to review the Confidentiality Agreement that you are agreeing to.
Confidentiality Agreement
CONFIDENTIALITY, DISCLOSURES & DISCLAIMERS
EastGate Multifamily, LLC (“EastGate”) has been retained as the exclusive advisor and broker for the sale of Parks At Lanier (210 Lanier Dr, Statesboro, GA) and exclusively represents Parks At Lanier Property Owner LLC (“Owner”) in this transaction. All Offering Materials are of a confidential nature, intended for use by a limited number of parties, and furnished solely for the purpose of considering the acquisition of the Property described herein. You agree that you will hold and treat all Offering Materials in the strictest confidence.
No representation is made by Owner or EastGate as to the accuracy or completeness of the information contained herein and nothing contained herein is, or shall be relied on as, a promise or representation as to the future performance of the Property. The information contained within has been obtained from sources that we deem reliable, and we have no reason to doubt its accuracy; however, no warranty or representation, expressed or implied, is made by EastGate or any related entity as to the accuracy or completeness of the information contained herein. The accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals. Offering Materials may describe certain documents, including leases, in summary form and may not be complete or accurate descriptions of the full agreements referenced. Prospective purchasers are expected to exercise independent due diligence in verifying all such information. We include projections, opinions, assumptions or estimates for example only, and they may not represent current or future performance of the property. You and your tax and legal advisors should conduct your own investigation of the property and transaction. Regarding Square Footage: Materials and analysis provided will reflect the square footage that is provided by the owner and/or management.
Owner reserves the right, at its sole discretion, to reject any or all expressions of interest or offers regarding the Property and/or terminate discussions with any entity at any time with or without notice.
Broker represents the Seller and does not represent your interests in this transaction. You agree that you have reviewed the SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIP form which can be found at the link below. https://llr.sc.gov/re/recpdf/Doc170%20SC_Disclosure_of_Real_Estate_Brokerage_Relationships.pdf
Notice to Buyer(s): Receipt of these marketing materials required the execution of a Confidentiality Agreement and acknowledgment of Buyer(s) receipt, review and acceptance of the corresponding state’s disclosure agreements regarding brokerage relationships. ©2024, EastGate Multifamily, LLC
BROKERAGE INFORMATION
EastGate Multifamily, LLC
Chris Yeagle, Managing Partner
183 Brady Street, Daniel Island, SC 29492
843-860-6908
chris@eastgatemultifamily.com
www.eastgatemultifamily.com
Licensing: FL: 3010970, GA: 220941, SC: 68049, NC: 299692
Scroll to review the Transaction Broker Agreement that you are agreeing to.
TRANSACTION BROKER AGREEMENT (NON-AGENCY AGREEMENT)
TRANSACTION BROKER AGREEMENT
(NON-AGENCY AGREEEMENT)
You represent that (a) you have read, understand, and agree to be bound by the Contract, (b) you are of legal age to form a binding contract with EastGate Multifamily, LLC, and (c) you have the authority to enter into the Contract personally or on behalf of the legal entity identified during the account registration process, and to bind that legal entity to the Contract. The term “you” refers to the individual or such legal entity, as applicable.
1. PARTIES: This legally binding Agreement (“Contract”) is entered into by Customer(s), _______________ (“Customer”) and EastGate Multifamily, LLC (“Broker”) as a transaction broker, subject to the terms and conditions stated in this Contract. In accordance with the terms of this agreement, Customer agrees to compensate Broker for facilitating the purchase or sale of real estate as described below. “Broker” is defined as a licensed South Carolina real estate broker-in-charge which includes the broker’s associated real estate licensees.
2. PURPOSE OF AGREEMENT: Customer desires to Purchase real property (“Property”) described as follows:
Address: 7645 Northwoods Blvd, North Charleston, SC 29406
County: Charleston County, South Carolina
Tax Plat Number(s): 4841100036_
Customer agrees to compensate Broker $300,000.00. This compensation will be due and payable at closing or should Customer default under the terms of a contract to purchase the property. If Customer defaults, the total compensation that would have been due Broker will be due and payable immediately in cash from the Buyer.
Customer and Broker agree that Broker shall provide the following customer services to Customer. The Broker shall:
A. Use skill, care, and diligence to facilitate the transaction.
B. Disclose known material adverse facts that affect the transaction, or the value or condition of the real property and that are not readily ascertainable.
C. Promptly present all written offers and counteroffers.
D. Provide limited confidentiality, unless waived in writing by a party. This limited confidentiality prohibits disclosing:
i. Information concerning a buyer's motivation to buy or the buyer's willingness to make a higher offer than the price submitted in a written offer;
ii. factors motivating a seller to sell or the seller's willingness to accept an offer less than the list price;
iii. that a seller or buyer will agree to financing terms other than those offered; and
iv. information requested by a party to remain confidential, except information required by law to be disclosed;
E. Any additional duties that are entered into by separate agreement.
Customer agrees to waive all confidentiality except for that information that the Customer requests, in writing, be kept confidential. Customer agrees that Broker is not an agent of the Customer, Customer has not established a client relationship with the Broker, and that the Broker is not acting in a fiduciary capacity. Customer agrees that the Broker is not an advocate for the interests of the Customer.
Customer acknowledges and agrees that no fees, commissions or expenses will be due from the Property Owner nor Broker to Customer, Customer’s Representatives or to any person or entity purporting to represent or act on Customer’s (or its Representative’s) behalf.
3. TERM OF AGREEMENT: This agreement shall begin on the date of acceptance and shall end at 11:59 p.m. local time thirty-six (36) months after. However, if a purchase agreement is entered into by Customer during the term of this agreement, the termination of this agreement shall extend to and include the date of closing under said purchase agreement as to the purchased property only.
4. DISCLOSURE: The parties agree that compensation being paid under this Agreement will be disclosed to all parties of the transaction that generate the compensation payment. The Broker’s compensation from all sources in any transaction subject to this Agreement cannot exceed the maximum calculated above unless an amendment pursuant to this section allows a higher amount.
5. FAIR HOUSING: The Broker shall conduct all brokerage activities in regard to this Agreement without respect to the race, color, religion, sex, national origin, handicap or familial status of any party or prospective party.
6. OTHER POTENTIAL BUYERS: Customer understands that other potential buyers have entered into similar contracts with Broker which may involve the purchase through Broker of the same or similar property or properties as Buyer is attempting to purchase. Customer consents to Broker's representation of such other buyers. Broker agrees not to give Customer's confidential information to such other buyers and not to give such other buyers' confidential information to Customer unless otherwise agreed.
7. No representation is made by Broker as to the accuracy or completeness of the information presented relative to the Property and nothing presented shall be relied on as, a promise or representation as to the future performance of the Property. Information presented has been obtained from sources that Broker deems reliable, and Broker has no reason to doubt its accuracy; however, no warranty or representation, expressed or implied, is made by Broker or any related entity as to the accuracy or completeness of the information. The accuracy of all information, regardless of source, including but not limited to square footages and lot sizes, is deemed reliable but not guaranteed and should be personally verified through personal inspection by and/or with the appropriate professionals. Offering Materials may describe certain documents, including leases, in summary form and may not be complete or accurate descriptions of the full agreements referenced. Prospective purchasers are expected to exercise independent due diligence in verifying all such information. We include projections, opinions, assumptions or estimates for example only, and they may not represent current or future performance of the property. You and your tax and legal advisors should conduct your own investigation of the property and transaction.
8. If legal proceedings are instituted to enforce any provision of this Agreement, the prevailing party in the proceeding shall be entitled to recover from the non-prevailing party reasonable attorney’s fees and court costs incurred in connection with the proceeding. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina.
This is a legally binding agreement. Customer should seek further assistance from legal counsel of Customer’s choosing if the contents are not understood. Receipt of a copy of this agreement as well as a copy of the SC Disclosure of Real Estate Brokerage Relationships Form is acknowledged.
CUSTOMER
Customer:
Date:
BROKER
EastGate Multifamily, LLC
Chris Yeagle, Managing Partner
183 Brady Street, Daniel Island, SC 29492
843-860-6908
chris@eastgatemultifamily.com
www.eastgatemultifamily.com
Licensing: FL: 3010970, GA: 220941, SC: 68049, NC: 299692
Complete the form below to acknowledge your review and acceptance of each of the separate Agreements.