PhiladelphiaHouse.Com Complaint Policy
Our goal at PhiladelphiaHouse.Com is to provide exceptional service to our clients. While every effort is taken to ensure we treat our clients in a fair, courteous, and honest manner, we may occasionally make a mistake.
We believe that our clients have the right to complain and the right to have their complaints addressed. We also believe that a successful organization must be willing to evolve in an effort to meet the needs of its clients. Therefore, we have established a complaint process for clients who are unsatisfied with the service or treatment they receive.
How to Complain
In the event you are unsatisfied with our service, please initially direct your comment or complaint to the employee or team responsible. If the individual employee cannot resolve the matter, we will engage the relevant manager or Director to try and resolve matters.
We always attempt to resolve your concerns at the first point of contact. However, if you are not satisfied with the resolution, or feel your phone calls are not being returned, please notify our Compliance Officer in writing with proof of writing via email or certified mail to either:
- Natasha@PhiladelphiaHouse.Com or
- PhiladelphiaHouse.Com
ATTN: Compliance Officer
4731 Frankford Ave
Philadelphia, Pa 19124
Please include the following in your written correspondence:
- A clear description of the complaint and any suggestions you may have that would resolve your grievance.
- Details of any relevant information relating to any contacts you may previously have had with PhiladelphiaHouse.Com on this subject.
- Whether it is an original complaint, or a follow-up to a reply you were not satisfied with.
- Your complete contact information (including full postal address, telephone number, and email address) and your date of birth (for verification purposes).
What to Expect
We strive to resolve all complaints as quickly and efficiently as possible. You can expect to receive a response from us in the next 5 days scheduling a time for you to come in and meet with the owner or appointed manager to review and resolve your complaint. If your case is particularly complex and cannot be resolved in that meeting, we will provide you with an estimated time in which you should expect to receive a response.
Agreement to the above
By signing below, the client is agreeing to follow the above steps prior to taking any other action. The client also agrees that if PhiladelphiaHouse.Com contacts them to schedule a meeting to try and resolve a complaint they filed with PhiladelphiaHouse.Com’s Compliance Officer, they will attend that meeting.
_____ _____
Signature Date
Affiliated Business Arrangement Disclosure**
To : Property : To Be Determined
From : Robbie Mahallati Date :
This is to inform you that PhiladelphiaHouse.Com has a business relationship with the following companies: Matrix Company Solutions Corp; Down 2 Shop; Open Sky. The nature of this relationship is one of a referral. This means that the owners of PhiladelphiaHouse.Com will receive a substantial referral fee. Because of this relationship, this referral will provide the owners of PhiladelphiaHouse.Com a financial or other benefit.
Set forth below is the estimated charge or range of charges for the services listed. You are NOT required to use the listed provider(s) as a condition for the purchase or the above property. THERE ARE FREQUENTLY OTHER CONTRACTORS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Company Name Description Amount
Matrix Company Solutions Corp Construction Fee $29,000 to $90,000
Down 2 Shop Referral fee nature $15 to $30
Open Sky Referral fee nature $25 to $50
Even though these services may not be considered as settlement services, as a matter of policy, PhiladelphiaHouse.Com requires this form to be completed for purposes of full disclosure.
I/we have read this disclosure form, and understand that PhiladelphiaHouse.Com is referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral.
_______
Signature
Real Estate Service Contract
This Real Estate Service Contract is made and effective on ____________ (date) by PhiladelphiaHouse.Com (“Company”) and __________________ (“Client”). In consideration for mutual promises contained herein, the parties agree as follows:
- Terms and Conditions – See Exhibit A.
- Conflict of Interest – Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products. This includes but is not limited to the company’s proprietary “Mortgage Ready Program” ©.
- Indemnification by Client. Client shall indemnify and hold Company free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of the negligence of Client.
- Indemnification by Company. Company shall indemnify and hold Client free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of the failure of Company to provide a reasonable credit score increase within the allotted term.
- Product Availability – Under no circumstances shall Company be responsible to Client or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems, or any cause beyond Company’s reasonable control.
- Affiliate Service Provider – PhiladelphiaHouse.Com services has the option of fulfilling certain services through a service processor or affiliate to best serve you.
- Term – The term of this contract is month to month.
- Cancellation – If either side wants to cancel this Real Estate Service Contract, they may do so in writing to the other party. If the client cancels by writing to the company, then upon receipt of such written notice, the company will stop charging the client’s credit card/debit card or ACH. If the company cancels by writing to the client, then the company will no longer charge the client’s credit card/debit card or ACH once the letter is sent.
- Confidentiality – Client acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company’s business plans, clients, technology, and products that are confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
- Governing Law and Jurisdiction – This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania.
- Notices – Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested, or by recognized overnight delivery service: If to Company; at its principal place of business or if to Client, at the aforementioned address.
- Severability – If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
- Legal Expenses – The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
- Copyright Notice – At the bottom of each page of the Real Estate Service Contract, there is a copyright notice that reserves all rights in the document to PhiladelphiaHouse.Com.
- Headings – Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- Client Obligations –
- Client will sign up and maintain a credit monitoring service throughout the home buying process.
- Client will provide documentation requested by the company within 2 business days. If the client is unable to provide the documentation, the client agrees to email the company stating they need more time.
- Client agrees to complete all the modules that they receive under their customized “Mortgage Ready Program”.
- Client agrees to follow all the steps required under their customized “Mortgage Ready Program”.
- Client will complete the budget that the company sends them to determine how much they are able to save towards their down payment as well as reduce payment shock each month.
- Client agrees not to receive any insufficient funds fees or returned checks while this agreement is in effect.
- Client agrees to maintain on-time monthly payments of their current credit obligations (i.e., car loan, rent, credit cards, student loans, etc.). Failure to maintain those payments on time will result in severe damage and delay to the progress of obtaining approval from the lender.
- Client understands that they will not incur any new collections during the term of this contract. Client also understands that new collections will damage and delay the progress made on obtaining a mortgage approval.
- Client agrees to cooperate with the Company in obtaining documentation and information for the client. This may include giving the company usernames and passwords to gain access to information needed. The client also agrees to change the passwords to all accounts given to the company once they are completed with the program.
- Client agrees that when the company gets the client approved for a mortgage with one of its cooperating lenders, the client will use that lender.
- Client agrees to payment terms and conditions as chosen in Exhibit A, which is incorporated into this agreement.
- Client understands that in a purchase transaction with a seller represented by a real estate broker, the seller will pay the buyer’s agent a commission. The client understands that this is in addition to the terms in Exhibit A of this contract.
- Scope of Work – PhiladelphiaHouse.Com will do some or all of the following real estate services for the client:
- Company will help the client gather and organize documentation such as paystubs, bank and savings statements, tax returns and W-2’s, financial statements, pension statements, 401(k), SSA award letters, and SSI award letters in a timely manner.
- Company will review all documentation to ensure compliance with lenders’ requirements.
- If documentation does not meet lender requirements, the company will work with the client on a plan to obtain alternative documentation.
- Company will audit the client’s bank statements, savings statements, and 401(k) to evaluate if the client has enough for their down payment and reserves. They will further determine if there are large deposits that need to be sourced or if money needs to be seasoned.
- Company will have the client complete a budget to determine how much they are able to save towards their down payment as well as reduce payment shock each month.
- Company will initiate conference calls to assist the client in obtaining particular documentation from the client’s vendors needed for mortgage approval.
- Company will conduct phone consultations with the client regarding mortgage approval issues.
- Company will maintain notes and remind the client of follow-up issues needed for approval.
- Company will obtain preapproval for the client from one of its participating lenders.
- Once the client is approved, the company will have one of its agents contact the client and discuss the type of properties that the client is eligible to purchase.
- Company will search and identify properties in neighborhoods that the client is eligible for.
- Company will have an agent preview identified houses to see if they meet the client’s expectations prior to showing the house to help save the client’s time.
- Company will have an agent show the client houses that they are eligible for.
- The agent will prepare paperwork on the house that the client chooses.
- Company will have the agent go over the paperwork with the client.
- Company will have the agent submit the agreement of sale and follow up with the seller’s agent.
- Once under agreement, the company will submit the application to the lender.
- Company will have the agent monitor the client to make sure they stay in compliance with the lender’s requirements.
- Company will assist the client with inspections, contractors, and consultants needed.
- Company will follow up with all parties to ensure settlement takes place on time.
- Arbitration of Dispute – In the event of any controversy, claim, or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Philadelphia County, State of Pennsylvania, or in the county in which the consumer resides, in accordance with the Laws of the State of PA for agreements to be made in and to be performed in Pennsylvania. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures, and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of arbitration, including attorneys’ fees, equally. If the consumer’s share of the cost is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumer’s share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination. _____ (Client initial)
- This contract may be executed in one or more counterparts, each of which shall be deemed to be an original and which counterparts together shall constitute one and the same Agreement of the Parties.
- REAL ESTATE RECOVERY FUND – The Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee (or a licensee’s affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-6913658 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
- Consent to do Business Electronically – CLIENT agrees, unless specifically requested otherwise, that by entering into transactions with COMPANY, CLIENT affirms consent to receive, in an electronic format, all information, copies of agreements, and correspondence from COMPANY and to also send information in an electronic format unless previously agreed upon in writing with COMPANY. CLIENT consents and agrees that COMPANY may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and CLIENT intends and agrees that those electronic communications will be given the same legal effect as written and signed paper communications. CLIENT has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. CLIENT’s consent may be withdrawn at any time upon COMPANY’s receipt of such withdrawal. Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information, you may: send an email to: Natasha@PhiladelphiaHouse.Com, call us at: 215-600-1811, or send a letter to the following address: PhiladelphiaHouse.Com, 4731 Frankford Ave, Philadelphia, PA 19124.
YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION AT ANY TIME BEFORE MIDNIGHT OF THE 5TH BUSINESS DAY AFTER THE DATE ON WHICH YOU SIGNED THE CONTRACT.
Customer Signature : ___________________ Date: _______________
Customer Signature : ___________________ Date: _______________
PhiladelphiaHouse : ____________________ Date: _______________
EXHIBIT A
Client understands that all charges are in arrears of completed work provided to the client by Company under this agreement. This means that work is first done for the client, and then the company charges the client’s ACH or Credit Card after this work has been completed. Client further understands that Company will set up an account and charge the client within 3-4 days of the execution of this agreement. Charges include an initial setup fee and a recurring fee as follows:
- Initial Setup Fee – This work will be done fully and completely prior to the client being charged for the following:
- Includes inputting the client’s personal information into the company’s various databases.
- Opening a file on the client and storing their personal information in that file. This may include but is not limited to the client’s identification, paystubs, tax returns, bank statements, contracts, and disclosures.
- Starting the client on sequences to begin receiving instructional videos.
Setup Fee Charge: $149.00 Date to Charge: _____
(Must be 4 day after the signing date of this form)
- Monthly Recurring Fee – Each month, some or all of the work listed below will be done fully and completely prior to the client being charged as shown below.
- Continuation and follow-up of the client’s customized “Mortgage Ready Program” ©.
- Continuation of services as outlined in section 16 of the contract.
- Unlimited support and assistance as needed by the client.
- Maintaining notes and records of the client’s purchasing process.
Choose either Bi-weekly or Monthly below:
Bi-Weekly Recurring Charge: $49.00 Bi-Weekly Starting Date: _____
Monthly Recurring Fee Charge: $99.00 Recurring Date Day: _____ Starting:_____
I agree to be charged the amounts indicated above in this Exhibit A. I also agree that by the first payment, PhiladelphiaHouse.Com will charge a monthly recurring fee as stated above, and it will be withdrawn every month on the recurring date listed above. I will be billed every month on that date until I have purchased a house or until I provide notice of cancellation in writing.
Client Signature: _____ Date: _____
Print Client Name: _____
©PhiladelphiaHouse.Com
Last Revised: 8/5/15
BUYER (TENANT) AGENCY CONTRACT
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of Realtors® (PAR).
Note: The terms “buyer,” “seller,” “agreement of sale,” and “purchase” also will be construed to mean “tenant,” “landlord,” “lease,” and “rent,” respectively, throughout this agreement.
Broker (Company): PhiladelphiaHouse.Com Licensee(s) (Name): ______
Company Address: 4731 Frankford Ave, Philadelphia, PA 19124 Direct Phone(s):______
Cell Phone(s): ______
Company Phone: (215) 533-4355 Licensee Fax: ______
Company Fax: (215) 600-1783 Email: ______
BUYER: ______
BUYER’S MAILING ADDRESS: ______
PHONE: ______ FAX: ______
E-MAIL: ______
Buyer understands that this Buyer Agency Contract is between Broker and Buyer.
Does Buyer have a Buyer Agency Contract with another Broker? ☐ Yes ☑ No
If yes, explain: ______
- STARTING & ENDING DATES OF BUYER AGENCY CONTRACT (ALSO CALLED “TERM”)
(A) No Association of Realtors® has set or recommended the term of this contract. Broker/Licensee and Buyer have discussed and agreed upon the length or term of this Contract. Broker may be paid a fee that is a percentage of the purchase price. Even though Broker’s Fee, or a portion of it, may be paid by the seller or listing broker, Broker will continue to represent the interests of Buyer.
(B) This Contract applies to any property that Buyer chooses to purchase during the term of this Contract. Buyer will not enter into a Buyer Agency Contract with another broker/licensee that begins before the Ending Date of this Contract.
Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: ______.
Ending Date: This Contract ends at 11:59 PM on 1 year from the starting date.
(C) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement.
- BROKER’S FEE
(A) No Association of Realtors® has set or recommended the Broker’s fee. Broker and Buyer have negotiated the fee Broker will receive for performing real estate services for Buyer.
(B) Broker’s Fee, paid by Buyer to Broker, is as follows:
- (a) In a purchase transaction with a seller represented by a real estate broker, the fee is 3.000% of the sales price OR $4,000.00, whichever is greater, AND $550.00.
(b) In a purchase transaction with a seller who is not represented by a real estate broker, the fee is 5.000% of the sales price OR $7,000.00, whichever is greater, AND $550.00.
- Broker’s Fee in the event of a lease transaction is: 1 month rent.
- It is Broker’s policy to accept compensation offered by the listing broker. If the amount received from the listing broker is less than the amount in paragraph 2(B)1, in a purchase transaction, or 2(B)2, in a lease transaction, Buyer will pay Broker the difference, unless the seller agrees to pay the difference as a term in the agreement of sale.
- $2,500.00 of Broker’s Fee is earned and due (non-refundable) at the signing of this Buyer Agency Contract.
- Other
(C) 1. The balance of Broker’s Fee is earned if Buyer enters into an agreement of sale during the term of this Contract, whether brought about by Broker, Broker’s Licensee(s), or by any other person, including Buyer. If Buyer defaults on the terms of an agreement of sale, Broker’s Fee will be paid by Buyer to Broker at that time.
- If Buyer enters into an agreement of sale for a property after the Ending Date of this Contract, Buyer will pay Broker’s Fee if:
(a) The agreement of sale is a result of Broker’s actions during the term of this Contract, OR
(b) The property was seen during the term of this Contract, AND
(c) Buyer is not under an exclusive buyer agency contract with another broker at the time Buyer enters into an agreement of sale.
(D) Buyer is advised that contacting a listing broker or seller directly may compromise Broker’s ability to earn compensation from a listing broker and could result in Buyer’s obligation to pay a fee to Broker.
- DUAL AGENCY
Buyer agrees that Broker and Broker’s Licensee(s) stated above may also represent the seller(s) of the property Buyer might buy. A Broker is a Dual Agent when a Broker represents both Buyer and a seller in the same transaction. A Licensee is a Dual Agent when a Licensee represents Buyer and a seller in the same transaction. All of Broker’s licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and a seller. If the same Licensee is designated for Buyer and a seller, the Licensee is a Dual Agent. Buyer understands that Broker is a Dual Agent when Buyer is viewing properties listed by Broker.
Buyer Initials: ______ Broker/Licensee Initials: ______
- DESIGNATED AGENCY
Designated Agency is applicable, unless checked below. Broker designates the Licensee(s) stated above to exclusively represent the interests of Buyer. If Licensee is also the Seller’s Agent, then Licensee is a DUAL AGENT.
- Designated Agency is not applicable.
- CONFLICT OF INTEREST
It is a conflict of interest when Broker or Licensee has a financial or personal interest in the property and/or cannot put Buyer’s interests before any other. If Broker, or any of Broker’s licensees, has a conflict of interest, Broker will notify Buyer in a timely manner.
- BROKER’S SERVICES TO SELLER
Broker may provide services to a seller for which Broker may accept a fee. Such services may include, but are not limited to, listing property for sale; representing the Seller as Seller Agent; deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, construction, repair, or inspection services.
- OTHER BUYERS
Broker/Licensee may show the same properties to other buyers and may represent those buyers in attempts to purchase the same property.
- NO OTHER CONTRACTS
Buyer will not enter into another buyer agency contract with another broker that begins before the Ending Date of this Contract.
- ENTIRE CONTRACT
This Contract is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not a part of this Contract.
- CHANGES TO THIS CONTRACT
All changes to this Contract must be in writing and signed by Broker and Buyer.
- TRANSFER OF THIS CONTRACT
Buyer agrees that Broker may transfer this Contract to another broker when:
(1) Broker stops doing business, OR
(2) Broker forms a new real estate business, OR
(3) Broker joins his business with another.
Broker will notify Buyer immediately in writing if Broker transfers this Contract to another broker. Buyer will follow all requirements of this Contract with the new broker.
- CONFIDENTIALITY
Buyer understands that sellers or sellers’ representatives might not treat the existence, terms, or conditions of any offer as confidential unless there is a confidentiality agreement between Buyer and the seller.
- EXPERTISE OF REAL ESTATE AGENTS
Pennsylvania real estate agents are required to be licensed by the Commonwealth of Pennsylvania and are obligated to disclose adverse factors about a property that are reasonably apparent to someone with expertise in the marketing of real property.
(A) If Buyer wants information regarding specific conditions or components of the property which are outside the Agent’s expertise, Buyer is encouraged to seek the advice of an appropriate professional.
(B) If Buyer wants financial, legal, or any other advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other appropriate professional.
- DEPOSIT MONEY
(A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Licensee receives in an escrow account as required by the real estate licensing laws and regulations until the sale is completed or an agreement of sale is terminated, or the terms of a prior written agreement between the Buyer and a seller have been met. Buyer and Seller may name a non-licensee as the escrow holder, in which case the escrow holder will be bound by the terms of the escrow agreement, not by the Real Estate Licensing and Registration Act. Buyer agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is provided as deposit money until Seller has accepted an offer.
(B) Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies:
- If an agreement of sale is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
- If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing Broker how to distribute some or all of the deposit monies.
- According to the terms of a final order of court.
- According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the deposit monies if there is a dispute between the parties that is not resolved.
(C) Buyer agrees that if Buyer names Broker or Broker’s licensee(s) in litigation regarding deposit monies, the attorneys’ fees and costs of the Broker(s) and licensee(s) will be paid by Buyer.
- CIVIL RIGHTS ACTS
Federal and state laws make it illegal for a seller, broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS CREED, SEX, DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), NATIONAL…
Buyer Initials: ______ Broker/Licensee Initials: ______
ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELATIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN TO HAVE A DISABILITY as reasons for refusing to sell, show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale or rental of property.
- NOTICE REGARDING CONVICTED SEX OFFENDERS (MEGAN’S LAW)
The Pennsylvania General Assembly has passed legislation (often referred to as “Megan’s Law,” 42 Pa.C.S. §9791 et seq.) providing for community notification of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police Web site at www.pameganslaw.state.pa.us.
- BUYER INSPECTIONS
(A) Unless Buyer and a seller agree otherwise, real estate is sold IN ITS PRESENT CONDITION. It is Buyer’s responsibility to determine whether the condition of the property is satisfactory. Buyer is advised to carry out an inspection, at Buyer’s expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are not limited to: electrical; plumbing; heating, ventilating and air conditioning; appliances and fixtures; water infiltration; basement; roof; property boundaries; asbestos, mold and indoor air quality, carbon monoxide, radon, and environmental hazards or substances; wood-destroying insect infestation; on-site water service and/or sewage system; property insurance; deeds, restrictions and zoning; and lead-based paint. Buyer should discuss inspections and any special needs with Licensee.
(B) Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by a seller or a seller’s broker. Such information may include, but is not limited to, the information on the Seller’s Property Disclosure Statement, including environmental conditions; MLS information, including information regarding restrictions, taxes, assessments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy.
- RECOVERY FUND
Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transaction. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For complete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
- SPECIAL CLAUSES
- The following are part of this Buyer Agency Contract if checked:
☐ Single Agency Addendum (PAR Form SA)
☐ ______
- Additional Terms: In addition to signing this form, the buyer is also signing a separate Real Estate Service Contract with the broker that is for services that help the buyer get qualified for a mortgage. The buyer understands they are paying a separate and additional fee for those services.
Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
Buyer has read the entire Contract before signing. Buyer must sign this Contract.**
Buyer gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) listed.
Return of this Agreement, and any addenda and amendments, including return by electronic transmission, bearing the signatures of all parties, constitutes acceptance by the parties.
This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original and which counterparts together shall constitute one and the same Agreement of the Parties.
NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT A PENNSYLVANIA REAL ESTATE ATTORNEY.
BUYER: _______________________ DATE: ______
BUYER: _______________________ DATE: ______
BUYER: _______________________ DATE: ______
BROKER (COMPANY): PhiladelphiaHouse.Com
ACCEPTED ON BEHAF OF BROKER BY: ________________________ DATE: ______
CONSUMER NOTICE
THIS IS NOT A CONTRACT
In an effort to enable consumers of real estate services to make informed decisions about the business relationships they may have with real estate brokers and salespersons (licensees), the Real Estate Licensing and Registration Act (RELRA) requires that consumers be provided with this Notice at the initial interview.
- Licensees may enter into the following agency relationships with consumers:
Seller Agent
As a seller agent, the licensee and the licensee’s company work exclusively for the seller/landlord and must act in the seller’s/landlord’s best interest, including making a continuous and good faith effort to find a buyer/tenant except while the property is subject to an existing agreement. All confidential information relayed by the seller/landlord must be kept confidential except that a licensee must reveal known material defects about the property. A subagent has the same duties and obligations as the seller agent.
Buyer Agent
As a buyer agent, the licensee and the licensee’s company work exclusively for the buyer/tenant even if paid by the seller/landlord. The buyer agent must act in the buyer/tenant’s best interest, including making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer is subject to an existing contract, and must keep all confidential information, other than known material defects about the property, confidential.
Dual Agent
As a dual agent, the licensee works for both the seller/landlord and the buyer/tenant. A dual agent may not take any action that is adverse or detrimental to either party but must disclose known material defects about the property. A licensee must have the written consent of both parties before acting as a dual agent.
Designated Agent
As a designated agent, the broker of the selected real estate company designates certain licensees within the company to act exclusively as the seller/landlord agent and other licensees within the company to act exclusively as the buyer/tenant agent in the transaction. Because the broker supervises all of the licensees, the broker automatically serves as a dual agent. Each of the designated licensees is required to act in the applicable capacity explained previously. Additionally, the broker has the duty to take reasonable steps to assure that confidential information is not disclosed within the company.
- In addition, a licensee may serve as a Transaction Licensee.**
A transaction licensee provides real estate services without having any agency relationship with a consumer. Although a transaction licensee has no duty of loyalty or confidentiality, a transaction licensee is prohibited from disclosing that:
- The seller will accept a price less than the asking/listing price,
- The buyer will pay a price greater than the price submitted in the written offer, and
- The seller or buyer will agree to financing terms other than those offered.
Like licensees in agency relationships, transaction licensees must disclose known material defects about the property.
12/08
PhiladelphiaHouse.com, 4731 Frankford Avenue, Philadelphia, PA 19124
Phone: (215) 533-4355
Fax: 215-689-3986
Robbie Mahallati
- Regardless of the business relationship selected, all licensees owe consumers the duty to:
- Exercise reasonable professional skill and care which meets the practice standards required by the RELRA.
- Deal honestly and in good faith.
- Present, as soon as practicable, all written offers, counteroffers, notices, and communications to and from the parties. This duty may be waived by the seller where the seller’s property is under contract and the waiver is in writing.
- Comply with the Real Estate Seller Disclosure Law.
- Account for escrow and deposit funds.
- Disclose, as soon as practicable, all conflicts of interest and financial interests.
- Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
- Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee’s expertise.
- Keep the consumer informed about the transaction and the tasks to be completed.
- Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair, or inspection, at the time the service is recommended or the first time the licensee learns that the service will be used.
- The following contractual terms are negotiable between the licensee and the consumer and must be addressed in an agreement/disclosure statement:
- The duration of the licensee’s employment, listing agreement, or contract.
- The licensee’s fees or commission.
- The scope of the licensee’s activities or practices.
- The broker’s cooperation with and sharing of fees with other brokers.
- All sales agreements must contain the property’s zoning classification except where the property is zoned solely or primarily to permit single-family dwellings.
- The Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud, misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-3658.
Before you disclose any financial information to a licensee, be advised that unless you select a business relationship by signing a written agreement, the licensee is NOT representing you. A business relationship is NOT presumed.
ACKNOWLEDGMENT
I acknowledge that I have received this disclosure.
Date: _____________ ________________________ _______________________
(Consumer’s Printed Name) (Consumer’s Signature)
Date: _____________ ________________________ _______________________
(Consumer’s Printed Name) (Consumer’s Signature)
I certify that I have provided this document to the above consumer during the initial interview.
Date: _____
Robbie Mahallati ___________________ __________________
(Licensee’s Printed Name) (Licensee’s Signature) (License #)
Adopted by the State Real Estate Commission at 49 Pa. Code §35.336.
Electronic Debit Authorization & Agreement
PhiladelphiaHouse.Com, hereinafter known as PHC, and the individual(s) listed below, hereinafter known as Client, agree to the terms and conditions listed in this Agreement.
Client Name:
Client Address:
Client City, State, Zip:
Client authorizes and directs PHC to collect from their checking or savings account that is identified below under the “Designated Account Information” the amounts that are identified below under the “Electronic Debit Date and Amounts” section:
Financial Institution:_______________ Routing #:__________________
Financial Institution City:___________ Account #:_________________
Financial Institution State:__________ Account Type:______________
Name on Account:________________ Retype Account #:___________
:
Electronic Debit Date and Amounts
First Debit Date:_______________ Recurring Debit Start Date:______________
First Debit Amount: $149.00 Recurring Debit Amount: $49.00 bi-weekly or $99.00 monthly
Frequency of Recurring Amount will be charged:
If any collection date falls on a holiday, I authorize PHC to collect the amounts specified on the first following business day that is not a holiday.
ENTIRE AGREEMENT – By signing below, Client (i) acknowledges that they read and signed this Agreement on the date specified below, and (ii) agrees to all of the terms of this Agreement. This agreement shall be deemed effective after it has been signed by the Applicant. You, the buyer, may cancel this transaction at any time prior to midnight of the fifth business day after the date of signing this agreement.
ACCURACY OF INFORMATION/AVAILABILITY OF FUNDS – Client understands that PhiladelphiaHouse.Com’s ability to collect funds from the Designated Account, above, is dependent upon (i) the accuracy of the information Client has provided under the “Designated Account Information” section above, (ii) Client maintaining sufficient funds in the Designated Account to cover the collections authorized above under the “Electronic Debit Date and Amounts” section. In that regard, Client represents to PHC that Client has carefully reviewed and is comfortable with the accuracy of all such information. Client agrees to pay a fee of $20.00 each time PHC is unable to complete a transaction due to the fact that insufficient funds are contained in the Designated Account or information above is inaccurate or changed without notifying PHC in writing. In each such instance, Client authorizes PHC to collect the $20.00 fee by electronically debiting the Designated Account.
CLIENT TO REPORT CHANGES IN DESIGNATED ACCOUNT AND RELATED MATTERS – To enable PHC to collect funds hereunder, Client also must advise PHC concerning any changes that occur with respect to the Designated Account and, to the extent required by law, provide PHC with appropriate written authorizations concerning future debits of the new Designated Account. Client agrees to pay a $20 fee for Failing to notify PHC in writing of changes in designated account two days prior to the scheduled debit date.
REVERSAL OF REVOCATION OF AUTHORIZED COLLECTIONS FROM DESIGNATED ACCOUNT – Client agrees that it will not at any time attempt to reverse, revoke, or otherwise cancel any electronic debit collection that PHC makes from the Designated Account in accordance with the charges in the “Electronic Debit Date & Amounts” Section or in other sections of this Agreement. In the event that Client at any time reverses, revokes, or otherwise cancels any such electronic debit collection, Client shall be liable for, and agrees to pay PHC $200.00 for costs, expenses, and damages in addition to any loss it incurs. Client agrees that they will handle any concerns with their account with PHC’s accounting department at 215-600-1811 or email at Natasha@PhiladelphiaHouse.Com. If PHC issues a credit, the client will allow 5 days for that credit to show up in their account.
TERMINATION – Client may terminate this Agreement and its participation in the Program at any time upon thirty (5) days prior written notice to PHC. Upon termination by Client, PHC will discontinue collections from the Designated Account. PHC may terminate this Agreement at any time for cause if Client fails to perform Client’s obligations under this Agreement, including, without limitation, the obligation to maintain sufficient funds in the Designated Account to enable the collections of fees described in the “Electronic Debit Dates & Amounts” section.
NOTICES – Any notices that are required to be delivered or are otherwise delivered hereunder shall be delivered (i) to Client at the mailing address specified in this Agreement or to such other address as Client hereafter specifies by written notice to PHC, (ii) to PHC at 4731 Frankford Ave, Philadelphia, PA 19124, or to such other address as PHC hereafter specifies by written notice to Client. If Client believes a mistake has occurred, Client agrees to contact PHC’s Customer Service Department at (215) 600-1811 or email at Natasha@PhiladelphiaHouse.Com, so that PHC may take the steps necessary to correct the situation in a timely manner.
GOVERNING LAW – It is PHC’s company policy to always attempt to resolve any issues a Client may have internally. If for some reason, this Agreement shall be governed and construed in accordance with the local laws of the State of Pennsylvania, without regard to conflict of laws principles.
© Copyright 2015 PhiladelphiaHouse.Com
Authorized Signature:
Print Name:
Date Signed:
Credit Repair Service Contract
This Real Estate Service Contract is made and effective on _____ (date) by PhiladelphiaHouse.Com (“Company”) and _____ (“Client”). In consideration for mutual promises contained herein, the parties agree as follows:
- Definitions – In addition to the terms defined elsewhere in this Agreement or in any Exhibit or Schedule hereto, when used in this Agreement, the following terms shall have the following meanings (such meanings shall be equally applicable to the singular and plural forms of the terms used, as the context requires):
Challenge or Challenging shall include the drafting and mailing of Dispute Letters to Credit Bureaus or Client’s Creditors to dispute information which Client identifies as inaccurate, technically accurate but misleading, incomplete, outdated, or unverifiable.
Credit Bureaus shall mean agencies that collect and report consumer credit information to creditors. This shall include: Experian, Equifax, and TransUnion.
Creditor shall mean a person, company, or entity which Client owes money to and whose name appears in Client’s Credit Report.
Credit Report is a report containing detailed information on a person’s credit history, including identifying information, credit accounts and loans, bankruptcies and late payments, and recent inquiries.
Dispute Correspondence is correspondence sent to Client by PLE displaying the results of the Dispute Letters.
Disputed Item includes any item which the Client identifies as inaccurate, technically accurate but misleading, incomplete, outdated, or unverifiable on the date of the execution of this Agreement.
Dispute Letters are letters developed and created by PLE to be sent on behalf of the Client to the Credit Bureaus. Each letter will be in Client’s own name, signed on behalf of the client by PLE.
Inaccurate Information is that information which Client identifies as incorrect, untrue, or erroneous.
Incomplete Information is that information which the Client identifies as not complete. This can mean information that is missing dates, amounts, or character of the debt.
Identity Verification Documents shall include a Copy of Client’s driver’s license, utility bill, W-2, Tax returns, ID Card, US Passport, proof of Client’s residence, or social security card.
Mail or Mailing or Sending shall mean the use of first-class US mail to send Dispute Letters to the Credit Bureaus and/or Client’s Creditors.
Outdated Information is that information which Client identifies as being old and not reportable.
Technically Accurate but Misleading is that information which Client identifies as correct but which contains questionable information about the date, amount, or character of the debt.
Unverifiable Information is that information whose source or origin is not verifiable by the creditor.
- Purpose – The purpose of this Agreement is for the client to engage the Company in the challenging of disputed items on the client’s credit report in an attempt to achieve a better credit rating for lending purposes. Client acknowledges that the client has engaged the services of the company’s “Mortgage Ready Program” © to provide credit dispute services. In an effort to obtain a Mortgage, the client is taking steps to better their credit rating.
- Terms and Conditions – This agreement is for 1 year from the date listed above. During that time, the company will provide services listed above. The client will pay $5 per item removed from each credit…
- Conflict of Interest – Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products. This includes but is not limited to the company’s proprietary “Mortgage Ready Program” ®.
- Indemnification
- A. Indemnification by Client. Client shall indemnify and hold Company free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of the negligence of Client.
- Indemnification by Company. Company shall indemnify and hold Client free and harmless from any and all claims, damages, or lawsuits (including reasonable attorneys’ fees) arising out of the failure of Company to provide a reasonable credit score increase within the allotted term.
- Product Availability – Under no circumstances shall Company be responsible to Client or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, war, civil disturbance, vendor problems, or any cause beyond Company’s reasonable control.
- Affiliate Service Provider – PhiladelphiaHouse.Com services has the option of fulfilling certain services through a service processor or affiliate to best serve you.
- Term and Cancellation – The term of this contract is month to month. If either side wants to cancel this Real Estate Service Contract, they may do so in writing to the other party. If the client cancels by writing to the company, then upon receipt of such written notice, the company will stop disputing the client’s credit. At that time, the company will calculate how many items were deleted from the client’s credit report and will bill the client for services performed. If the company cancels in writing, the company will no longer perform dispute services on the client’s credit. The company will then calculate how many items were deleted from the client’s credit report and will bill the client for services performed.
- Confidentiality – Client acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company’s business plans, clients, technology, and products that are confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
- Governing Law and Jurisdiction – This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania.
- Notices – Any notices required or permitted by this Agreement shall be deemed given if sent by Certified mail, postage prepaid, e-mail, fax, return receipt requested, or by recognized overnight delivery service: If to Company; at its principal place of business or if to Client, at the aforementioned address.
- Severability – If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect.
- Legal Expenses – The prevailing party in any legal action brought by one party against the other and arising out of this Agreement shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its expenses, including court costs and reasonable attorneys’ fees.
- Copyright Notice – At the bottom of each page of the Mortgage Ready Program Contract, there is a copyright notice that reserves all rights in the document to PhiladelphiaHouse.Com.
- Headings – Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- Client Obligations – Client understands that they must cooperate and abide by the terms in this agreement in order to obtain favorable results.
- Client agrees to watch the videos that the company sends them and complete the tasks assigned to that video if applicable.
- Client agrees to provide the company with identity verification documents within 3 business days of requesting it.
- Client further agrees they will respond to any telephone, text, email, or letter within 3 business days of being delivered by the company.
- Client agrees they will forward to the company any and all communications sent to the client by any of the credit bureaus and/or creditors within 2 business days.
- Client will respond to any telephone or written inquiries by credit bureaus and/or creditors as directed by the company.
- Client understands that they must continue to pay all their debt obligations on time, and this agreement does not in any way authorize or encourage the client to stop paying their creditors.
- Client agrees to purchase and maintain a subscription for one year of a credit monitoring service referred by the company.
- Client agrees to cooperate with the Company in obtaining documentation and information for the client. This may include giving the company usernames and passwords to gain access to information needed. The client also agrees to change the passwords to all accounts given to the company once they are completed with the program.
- Scope of Work – Client will engage Company to do some or all of the following real estate services for the client to manage, send, and maintain dispute letters to the credit bureaus or client’s creditors based on information provided to the company by the client. To this end, the company will create, manage, send, and maintain dispute letters on the client’s behalf.
- Company will interview the client in reference to all personal and negative items that are on the client’s credit report.
- Based on the information provided during the interview, the company will draft and mail dispute letters on the client’s behalf. The company will mail the client’s dispute letters along with the client’s identity verification documents to the credit bureaus or client’s creditors. Each dispute letter will be sent in the client’s name and on the client’s behalf.
- Company will send dispute letters at monthly intervals to the credit bureaus or client’s creditors. This will continue for one year or until the client provides written notice to the company to cancel the mailing of dispute letters. The client understands and acknowledges that mailings and costs related thereto will continue for the year unless the client expressly requests in writing for such action to be discontinued.
Here is the text extracted from the provided PDF:
- Company will provide client dispute correspondence updates through the company’s online tracking system.
- Company will provide credit setup videos that help the client apply and get approved for credit that reports to credit bureaus from vendors and affiliates that the company has researched.
- Company will help the client manage new and existing credit lines to help maximize their credit score.
- Arbitration Clause – In the event of any controversy, claim, or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Philadelphia County, State of PA, or in the county in which the consumer resides, in accordance with the Laws of the State of PA for agreements to be made in and to be performed in PA. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures, and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of arbitration, including attorneys’ fees, equally. If the consumer’s share of the cost is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumer’s share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration shall survive any termination.
- Consent to do Business Electronically – CLIENT agrees, unless specifically requested otherwise, that by entering into transactions with COMPANY, CLIENT affirms consent to receive, in an electronic format, all information, copies of agreements, and correspondence from COMPANY and to also send information in an electronic format unless previously agreed upon in writing with COMPANY. CLIENT consents and agrees that COMPANY may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and CLIENT intends and agrees that those electronic communications will be given the same legal effect as written and signed paper communications. CLIENT has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. CLIENT’s consent may be withdrawn at any time upon COMPANY’s receipt of such withdrawal. Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information you may: send an e-mail to: Natasha@PhiladelphiaHouse.Com, call us at: 215-600-1811, or send a letter to the following address: PhiladelphiaHouse.Com, 4731 Frankford Ave, Philadelphia, PA 19124.
- YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION AT ANY TIME BEFORE MIDNIGHT OF THE 5TH BUSINESS DAY AFTER THE DATE ON WHICH YOU SIGNED THE CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
Customer Signature: ___________ Date: ________
Customer Signature: ___________ Date: ________
PhiladelphiaHouse: ____________ Date: ________
**©PhiladelphiaHouse.Com**
**Last Revised: 7/12/14**
EXHIBIT B SEC. 405. DISCLOSURES
Consumer Credit File Rights Under State and Federal Law
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any “credit repair” company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or if you receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580
(b) Separate Statement Requirement – The written statement required under this section shall be provided as a document that is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
(c) Retention of Compliance Records
(1) In general – The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement.
(2) Maintenance for 2 years – The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.
I acknowledge receipt of The Consumer Credit File Rights under State and Federal Law.
Signature: ___________ Date: __________
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE MIDNIGHT OF THE 5TH DAY WHICH BEGINS AFTER THE DATE YOU AUTHORIZE SERVICES.
TO CANCEL THIS CONTRACT, EMAIL, MAIL, OR DELIVER A SIGNED, DATED COPY OF THIS CANCELLATION NOTICE, OR ANY OTHER WRITTEN NOTICE TO:
PhiladelphiaHouse.Com LLC
4731 Frankford Ave
Philadelphia, PA 19124
Natasha@PhiladelphiaHouse.Com
I HEREBY CANCEL THIS TRANSACTION,
DATE: ______ BY: ______
PURCHASER’S SIGNATURE
DATE: ______ NAME: ______
BY SIGNING ABOVE I ACKNOWLEDGE THAT I HAVE RECEIVED THE NOTICE OF CANCELLATION PROVIDED TO ME BY PHILADELPHIAHOUSE.COM
LIMITED POWER OF ATTORNEY
I, __________________ hereby constitute and appoint Prime Law Experts, Inc. as a true and lawful Attorney-In-Fact/agent to execute and/or deliver for and on behalf of the undersigned all correspondence addressed to credit bureaus, including TransUnion, Equifax, Experian, correspondence addressed to creditors of the undersigned and collection agencies retained by such creditors, and to receive all related correspondence from such parties. I further appoint Prime Law Experts, Inc. to file disputes with the credit bureaus online, by fax, or mail and to obtain information and documents as Prime Law Experts, Inc. may deem necessary in its discretion to file disputes with the Credit Bureaus.
This Power of Attorney shall be governed by the laws of the State of California in all respects, including its validity, construction, interpretation, and termination. If any provisions are held invalid, such invalidity shall not affect the other provisions which shall remain in full force and effect.
This Power of Attorney shall become effective immediately upon its execution and shall remain in full force and effect until rescinded by written notice to:
PhiladelphiaHouse.Com LLC
4731 Frankford Ave
Philadelphia, PA 19124
Client: __________
Date: ___________
**©PhiladelphiaHouse.Com**
**Last Revised: 7/13/2014** Mortgage Ready Program Contract
This agreement is made on _____ (date) between PhiladelphiaHouse.Com, hereafter referred to as the (Company), and _____, hereafter referred to as the (Client).
- Whereas Client desires to become a homeowner and is faced with numerous requirements needed in the home purchasing process. Client, as a home buyer with less than 20% down payment and below a certain credit score, may be regarded as a higher-risk borrower.
- Whereas Company has a proprietary “Mortgage Ready Program” © MRP that helps higher-risk borrowers become homeowners.
- Client understands that the Company has worked with lenders in understanding their risk of a mortgage going into foreclosure in the first three years. Client understands that the following are some of the major reasons why properties go into foreclosure:
- Purchaser did not have any reserves/savings after they purchased the house.
- House purchased has problems that a home inspection did not reveal and as a result put the purchaser in a financial hardship.
- Purchaser is not used to a monthly payment equal to their new mortgage payment and experiences payment shock.
- Client understands that due to the reputation and success of its Mortgage Ready Program, the company has been able to build relationships with certain lenders that look favorably on clients who participate and complete the MRP. Client agrees that it is in everyone’s best interest for a property not to go into foreclosure. Client understands that the Mortgage Ready Program © simultaneously reduces the risk to lenders by addressing the default issues lenders commonly face with higher-risk borrowers as well as preventing the purchasing of properties with possible hidden problems that tend to end up in foreclosure.
- Client further understands that the company has been able to keep the success of the program by controlling several separate services. The company has bundled these services together under the Mortgage Ready Program.
- MAJOR REQUIREMENTS – To complete the MRP, the client agrees to the following 4 major requirements. Each requirement is one part of the process and may occur at various times. By signing this agreement, Client understands they are agreeing to all 4 requirements along with the terms that are in this agreement.
REQUIREMENT 1 – At the time of signing this contract, Client will sign the following two other separate contracts with separate services and fee structures:
- Real Estate Service Contract – Separate Agreement with a separate fee structure. This fee can only be paid through ACH or Credit/Debit card and is paid only after work is completed.
- Credit Repair Service Contract: Separate agreement with a separate fee. This fee can only be paid in person by check or money order after services have been completed in full.
REASON FOR THIS REQUIREMENT – In order to help you get approved for a mortgage, we have to provide you with several different services. To keep in compliance with various laws, we need to have separate contracts and disclosures for these services. We bundle these services together to provide you with the Mortgage Ready Program © to help you purchase a house and lower your risk of going into foreclosure.
REQUIREMENT 2 – Client agrees that after PhiladelphiaHouse.Com will get the client approved for an FHA 203(k) purchase construction loan or equivalent purchase construction loan where the required renovations will be performed by one of PhiladelphiaHouse’s affiliated contractors. Client is aware that the above options financially benefit PhiladelphiaHouse.Com by being paid a substantial referral fee by the affiliated contractor as well as improving the Company’s control over the quality of renovations.
REASON FOR THIS REQUIREMENT – In addition to the company making a profit, the company is building up its reputation with lenders as far as their client’s success in its Mortgage Ready Program. Knowing how many unqualified contractors are out there and are unable to perform contracts on budget or within cost amounts to them either taking shortcuts or just not showing up anymore to finish the job. This is the reason the Mortgage Ready Program only works with certain affiliated contractors that meet the qualifications when it comes to experience, insurance, ability to finance the job, quality, time completion, and other considerations. These contractors have completed many houses under our program and have stood the test of time when it comes to standing by their work. This is too important a part of the process for PhiladelphiaHouse.Com not to be involved in. An incomplete house or a house with major defects can cause you many problems, which could lead to foreclosure. This is why PhiladelphiaHouse.Com will only enter this program with Clients that agree to use their proven affiliated contractors.
REQUIREMENT 3 – Client agrees to keep two months of mortgage payments (also known as reserves) in the broker’s escrow account for two years after they purchase the house.
REASON FOR THIS REQUIREMENT – Statistics show that clients who have reserves are far less likely to go into foreclosure. By keeping these reserves in the broker’s account, you will have the money to pay your mortgage in case of an emergency or something unexpected happens.
REQUIREMENT 4 – Client agrees to enter the company’s mortgage payment plan for two years after they purchase their house. The mortgage payment plan is where the company will set up an electronic debit agreement and deduct either monthly or biweekly payments from the client’s designated account and then pay the client’s mortgage for them.
Reason for this Requirement – Adjusting to homeownership and a mortgage can be difficult at first. By PHC helping you set this up, we can monitor your progress and stay in touch in case you run into difficulty or experience payment shock. If we notice this, we can have you come in quickly to go over a new budget with you. Also, for those who set up bi-weekly payments, they may reduce their 30-year loan by 6 years. This is due to the fact that you will make 13 payments a year instead of 12. We call the bi-weekly payments our “equity builder program”.
- By signing this agreement, the client agrees they will participate with all 4 requirements throughout the process, which is starting with this agreement.
- Term – The term of this contract is one year from the date the client signs the contract. At the end of that year, the contract will convert to month-to-month, with either side being able to cancel with a 30-day notice.
- Scope of Work
- Company will determine why the Client specifically does not qualify for a mortgage.
- Through the “Mortgage Ready Program” ©, Company will use its proprietary system to evaluate the Client’s financial status and custom design a particular program that will condition the Client and change certain financial habits where needed to assist the Client in getting approved for a mortgage through one of its participating lenders.
- Company will email time-task videos that will both educate and instruct the Client on what they need to do next with regards to changing their financial habits in their particular mortgage plan and will keep reminding them until the task is completed.
- Company will provide phone support during normal business hours if the Client contacts them and states they are having difficulty completing or understanding any particular task assigned to them during normal business hours.
- If the Client contacts the company and explains they still have difficulty completing any particular task in item 3, then the company will arrange a time to set up a virtual meeting where remote access can be established between the Company’s desktop and the Client’s desktop computers, thereby allowing for a more detailed level of support service.
- If the Client is unable to establish a remote access connection with the Company as described in item 5, then the Client can contact the Company to arrange a time to come into the Company’s office at 4731 Frankford Ave, Philadelphia, PA 19124, to work with a Company representative on a Company computer to help complete the task as described in item 3.
- After the Client follows instructions and completes the task assigned to them, the Company will send monthly reminder videos for the Client to maintain those financial habits.
- Company will set up a house savings escrow sub-account under PhiladelphiaHouse.com’s Master Escrow account for the Client to deposit money into, for the down payment, closing costs, and savings/reserves to help them save their money to purchase a house.
- Company will maintain the Client’s house savings/reserve account for two years after they purchase the house.
- Company will simultaneously enter into a real estate service contract and credit repair service contract with the Client. The Client understands that the Company would not enter into these contracts individually with the Client due to their inability to get a mortgage. The combination of these contracts helps create the Mortgage Ready Program ©.
- Company will provide an affiliated contractor who is experienced in 203(k) renovations to renovate the house to the program standards once the client is approved for a 203(k) purchase construction loan.
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- At the time of settlement, the company will provide the client with a separate contract of the Mortgage Payment Plan with the equity builder, which sets up an electronic debit from the client’s account and pays the client’s mortgage for them. This service will be provided free of charge for the first two years.
- Company will send email videos to the Client on seasonal maintenance that should be completed by the Client for the first two years of their ownership.
- Client’s obligations – Client will do the following:
- Client will complete email tasks assigned to them.
- Client agrees to complete all the modules that they receive under their customized “Mortgage Ready Program”.
- If the Client has any difficulty completing or understanding any particular task assigned to them, they will call the Company’s office during normal business hours for support in helping them complete that task.
- If the Client continues to have difficulty completing any particular task in item 3, then the Client will arrange a time to set up a virtual meeting where remote access can be established between the Company’s desktop and the Client’s desktop computers, thereby allowing for a more detailed level of support service.
- If the Client is unable to establish a remote access connection with the Company as described in item 5, then the Client will arrange to come into the Company’s office at 4731 Frankford Ave, Philadelphia, PA 19124, to work with a Company representative on a Company computer to help complete the task as described in item 3.
- Client agrees to purchase a house in need of renovation and use one of the Company’s affiliated contractors to have the house renovated to program standards.
- Client agrees to set up a House Savings Escrow sub-account with PhiladelphiaHouse.com and make monthly deposits in an amount they can afford according to the budget they complete.
- Client agrees to maintain two months of payments in the House Savings Escrow sub-account for two years after they purchase the house.
- Client will not have any checks returned for insufficient funds.
- Client will not incur any new collections or make any late payments on its current accounts from the date of the signing of this contract going forward.
- After the client purchases the house, the client will enter the company’s Mortgage Payment Plan with the biweekly equity builder option, where the Company will withdraw the mortgage payment from the client’s account and pay it for them for the first two years of their mortgage. This is a separate contract and service.
- Client will watch and perform seasonal maintenance videos sent to them by the company for the first two years of their ownership to help maintain their home.
- Client agrees to fulfill their obligations with all three contracts throughout the home purchasing process. The Company agrees to fulfill its obligations with all three contracts throughout the Client’s purchasing process. The Client agrees that when the Company gets the Client approved for a mortgage with one of its cooperating lenders, the Client will use that lender.
- Cancellation Policy – Client agrees to pay a cancellation fee of $2,500. _____ (Client initial)
- The above program has been fully explained to the Client from the beginning to the end, especially the “Affiliated Business Arrangement.” The Client understands the program and the services it provides and wants the Company’s services. Client also understands that they do not have to sign up for this program. They are free to go out into the market and try to find another business that will provide them this level of service. Client understands that by agreeing to this service, they are agreeing to all the terms of this agreement. _____ (Client’s Initial)
- DEPOSIT MONEY
- Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Licensee receives in an escrow account as required by the real estate licensing laws and regulations until the sale is completed or an agreement of sale is terminated, or the terms of a prior written agreement between the Buyer and a seller have been met. Buyer and Seller may name a non-licensee as the escrow holder, in which case the escrow holder will be bound by the terms of the escrow agreement, not by the Real Estate Licensing and Registration Act. Buyer agrees that the person keeping the deposit monies may wait to deposit any uncashed check that is provided as deposit money until Seller has accepted an offer.
- Regardless of the apparent entitlement to deposit monies, Pennsylvania law does not allow a Broker holding deposit monies to determine who is entitled to the deposit monies when settlement does not occur. Broker can only release the deposit monies:
- If an agreement of sale is terminated prior to settlement and there is no dispute over entitlement to the deposit monies. A written agreement signed by both parties is evidence that there is no dispute regarding deposit monies.
- If, after Broker has received deposit monies, Broker receives a written agreement that is signed by Buyer and Seller, directing Broker how to distribute some or all of the deposit monies.
- According to the terms of a final order of court.
- According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the deposit monies if there is a dispute between the parties that is not resolved.
- Buyer agrees that if Buyer names Broker or Broker’s licensee(s) in litigation regarding deposit monies, the attorneys’ fees and costs of the Broker(s) and licensee(s) will be paid by Buyer.
- Severability – If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. If any of the other agreements associated with the “Mortgage Ready Program” © are found to be invalid by a court of competent jurisdiction, then the remaining contracts shall nevertheless remain in full force and effect.
Copyright Notice – At the bottom of each page of the Mortgage Ready Program Contract, there is a copyright notice that reserves all rights in the document to PhiladelphiaHouse.Com.
- Confidentiality – Client acknowledges that by reason of its relationship to Company hereunder, it will have access to certain information and materials concerning Company’s business plans, Clients, technology, and products that are confidential and of substantial value to Company, which value would be impaired if such information were disclosed to third parties. Client agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any such confidential information revealed to it by Company. Company shall advise Client whether or not it considers any particular information or materials to be confidential.
- Conflict of Interest – Client warrants to Company that it does not currently represent or promote any lines or products that compete with the Company’s Products. This includes but is not limited to the company’s proprietary “Mortgage Ready Program” ©.
- Headings – Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
- Governing Law and Jurisdiction – This Agreement shall be governed by and construed according to the laws of the State of Pennsylvania.
- Arbitration of Dispute – In the event of any controversy, claim, or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability, or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Philadelphia County, State of Pennsylvania, or in the county in which the consumer resides, in accordance with the Laws of the State of PA for agreements to be made in and to be performed in Pennsylvania. The parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to its rules and procedures, and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator’s award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of arbitration, including attorneys’ fees, equally. If the consumer’s share of the cost is greater than $2,000.00 (Two-thousand dollars), the Company will pay the consumer’s share of costs in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination. _____ (Client initial)
- REAL ESTATE RECOVERY FUND – The Real Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee (or a licensee’s affiliates) owing to fraud, misrepresentation, or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal and equitable remedies. For complete details about the Fund, call (717) 783-6913 or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside Pennsylvania).
- Consent to do Business Electronically – CLIENT agrees, unless specifically requested otherwise, that by entering into transactions with COMPANY, CLIENT affirms consent to receive, in an electronic format, all information, copies of agreements, and correspondence from COMPANY and to also send information in an electronic format unless previously agreed upon in writing with COMPANY. CLIENT consents and agrees that COMPANY may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically. All electronic communications will be deemed to be valid and authentic, and CLIENT intends and agrees that those electronic communications will be given the same legal effect as written and signed paper communications. CLIENT has a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. CLIENT’s consent may be withdrawn at any time upon COMPANY’s receipt of such withdrawal. Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information, you may: send an email to: Natasha@PhiladelphiaHouse.Com, call us at: 215-600-1811, or send a letter to the following address: PhiladelphiaHouse.Com, 4731 Frankford Ave, Philadelphia, PA 19124.
YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR OBLIGATION AT ANY TIME BEFORE MIDNIGHT OF THE 5TH BUSINESS DAY AFTER THE DATE ON WHICH YOU SIGNED THE CONTRACT.
Client: ______ Date: ______
Client: ______ Date: ______
PhiladelphiaHouse.Com: ______ Date: ______
Call Recording Notice
I, __________________________, understand that PhiladelphiaHouse.com agents, employees, and affiliates record their phone calls for training and administrative purposes. This includes landline calls, VOIP calls, and mobile calls.
__________________ _____________________
Date Print Name
__________________
Signature
**Revised 9/29/18**
Name and Likeness Release Form
I give my consent to and authorize PhiladelphiaHouse.com, and Matrix, and anyone authorized by them to use any and all pictures of me and any reproductions thereof, in any media, with or without my name, for advertising purposes and for purposes of trade, including but not limited to the packaging and marketing of real estate in all forms, and for any other purposes.
I also give my consent to and authorize PhiladelphiaHouse.com, and Matrix, and anyone authorized by them to record my audio-visual performance(s) and to use such recording and any reproductions thereof, in any media, with or without my name, for advertising purposes and for purposes of trade, including but not limited to the packaging and marketing of real estate in all forms, and for any other purposes.
Address: ______
Opt-In Automated Emails & Pre-recorded Messages
I give permission to PhiladelphiaHouse.Com’s agents and affiliates to text, email, and call me with pre-recorded messages, also known as “robocalls.” These messages will be sent to remind me of my appointments and my plan to purchase a new house and of their services. If for any reason I choose not to receive these texts, emails, or calls in the future, I will be given the choice to opt-out at any time.
Date: ______ Signature: ______
Name (Print): ______
**Revised 7/19/2018**
SOCIAL SECURITY NUMBER AUTHORIZATION
This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR).
- CONSUMER NAME: ______
- CONSUMER ADDRESS: ______
- CONSUMER SOCIAL SECURITY NUMBER: ______
- CONSUMER DATE OF BIRTH: ______
- BROKER: PHILADELPHIAHOUSE.COM ______
- A separate authorization form must be completed for each consumer involved in a real estate transaction.
- I agree that Broker(s), his/her agent(s) and/or employee(s) may provide my social security number to lenders, title agencies, credit reporting companies, or others as necessary for obtaining reports or information from a credit reporting agency, determining the existence of domestic liens, obtaining a criminal background report (for prospective tenants only), ordering a mortgage payoff, or for purposes of satisfying requirements of the Patriot Act.
- CONSUMER UNDERSTANDS THAT BROKER HAS NO CONTROL OVER THE USE OF ANY INFORMATION AFTER IT IS DISCLOSED TO A THIRD PARTY. CONSUMER AGREES TO RELEASE AND HOLD BROKER HARMLESS FROM ANY AND ALL LIABILITY FOR ANY MISUSE OR SUBSEQUENT DISCLOSURE BY ANY THIRD PARTY OF THE INFORMATION OR REPORTS DISCLOSED BY BROKER PURSUANT TO THE TERMS OF THIS AUTHORIZATION.
- Consumer’s signature serves as an acknowledgment of receipt of a copy of this authorization.
- WITNESS: ____________ CONSUMER: ___________ DATE: 04/04/2022
PREPARED BY: Robbie Mahallati, Broker
Social Security Number Authorization. Pennsylvania Association of REALTORS®
COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2006 12/06
RealFAST® Software, ©2006, Version 6.16. Software Registered to: Robbie Mahallati, PhiladelphiaHouse.com