BROKER PARTICIPATION INFORMATION Purchase of Land and Design and Construction of Custom Home Orientation: A broker office interested in entering into a Referring Broker relationship with Pinehills LLC and the Cooperating Builders should contact the Sales Representatives at The Pinehills (508-209-2000) to arrange for a site visit and orientation concerning The Pinehills. At least one representative of the broker office should complete the orientation. Following completion of the orientation, a Pinehills Sales Representative will provide a broker office with the Broker Referral Agreement for signature. The terms of this Broker Referral Agreement apply exclusively to sales to third party home buyers who are purchasing land and simultaneously entering into an agreement with a Cooperating Builder to build a custom home at The Pinehills, including land listed for sale through the multiple listings service (MLS). Referral Fee: Provided that the conditions set forth in the Broker Referral Agreement are satisfied, including without limitation Section 2 thereof, a Referral Fee in the amount of 2.5% of the purchase price of the land plus $20,000 will be paid to the Referring Broker within ten (10) business days following the actual closing on the sale of the land to a prospective buyer, provided that the contract to design and construct the custom home is entered into by the buyer and the Pinehills Cooperating Builder simultaneously with the closing on the sale of land. In the case of any land that is listed for sale through the multiple listings service (MLS), broker compensation shall be in accordance with said listing and not subject to or under the terms of the Broker Referral Agreement. The Referral: Referring Brokers must have on file with Pinehills LLC a fully executed Broker Referral Agreement. To register a prospective buyer for consideration as a referral under the terms of the Broker Referral Agreement, the Referring Broker or their Agent must personally introduce and present each such prospective buyer to The Pinehills, including to the Sales Representatives for Pinehills LLC and each Cooperating Builder(s). To be eligible for compensation under the Pinehills Broker Referral Program and Broker Referral Agreement, the Referring Broker must be the original and exclusive source by which the prospective buyer was introduced to The Pinehills and the Cooperating Builders. Each time a Referring Broker (or its Agent) accompanies a prospective buyer to The Pinehills for their initial, introductory visit, we will register the broker s office and prospective buyer s name(s) to confirm the contact. Following the visit, generally within five (5) business days, we will then review the registration to determine whether or not a Referral Fee is due upon the sale of land in accordance with the terms of the Broker Referral Agreement. Workshops and Information: Once registered, Sales Representatives for Pinehills LLC may invite the prospective buyer to workshops and events, and maintain up to date communication on the community of The Pinehills. Cooperating Builder(s) may also provide the prospective buyer with information concerning homes for sale or invitations to events sponsored or undertaken by a Cooperating Builder. A member of the Pinehills LLC sales team or the Cooperating Builders may tour the prospective buyer through the available home sites and neighborhoods, and review floor plans and home designs. The Referring Broker (or its Agent) is welcome to join the prospect buyer, but is not required to do so. Reservations and Purchase and Sale Agreements: Pinehills LLC (or, if applicable, the Cooperating Builder(s)) will prepare all Reservation Agreements and Land Purchase and Sale Agreements. A copy of the signed Reservation Agreement and Land Purchase and Sale Agreement and Construction Agreement will be forwarded to the referring broker upon execution. We look forward to working with you! PINK
PINEHILLS LLC BROKER REFERRAL AGREEMENT PURCHASE OF LAND AND DESIGN AND CONSTRUCTION OF CUSTOM HOME Pinehills LLC, with an address of 33 Summerhouse Drive, Plymouth, MA, as a developer/builder, is presently marketing The Pinehills in Plymouth. Pinehills LLC (and a Cooperating Builder(s)) will accept referrals of prospective buyers of land from the referring broker ( Referring Broker ) hereinafter named who has signed this agreement ( Agreement ), on the following terms and conditions: 1. The Referring Broker shall be an active and registered member of the Massachusetts Association of Realtors and shall make an appointment and then personally bring each prospective buyer to a member of The Pinehills sales team at The Summerhouse, and to a sales representative at the sales office, or model home of a Cooperating Builder. Pinehills LLC will register each such prospect in its marketing database and maintain a flow of communication on the progress of the community. As land is available for sale, The Pinehills sales team shall take charge of and carry forward all other aspects of each land sale transaction, including but not limited to, i) showing the community and any land available for sale, ii) introduction of the prospective buyer to home builders who have been prequalified by Pinehills LLC and who are under agreement with Pinehills LLC to design and build homes in various neighborhoods that are identified and listed on Exhibit A attached hereto, within The PInehills, iii) preparation of Land Purchase and Sale Agreement and all other documents related to the sale of the land, and iv.) coordination of the closing on the sale of the land. For the purposes of this Agreement, Cooperating Builder or Cooperating Builders shall mean any builder who has entered into an agreement with Pinehills LLC to sell land at The Pinehills, including any officer, principal, employee, agent or contractor thereof, or who may do so after the date of this Agreement. 2. Any presentation of a prospective buyer by the Referring Broker (or its authorized Agent) herein named shall be effective as an introduction for purposes of this Agreement only if: (a) made to a member of the Pinehills LLC sales team and to a member of the sales team(s) of the Cooperating Builder(s) at The Pinehills in person by such Referring Broker, who shall then identify himself or herself and the company which he or she represents, and (b) is made before such prospective buyer is introduced to The Pinehills by his or her own action including visiting in person, or multiple contacts through The Pinehills web site, internet search, electronic mail, or social media, or by an employee of a Cooperating Builder or Pinehills LLC or by any other referring broker or by any other person including family members or friends of said prospective buyer or by another person, or lead source (such as, event marketing, print media, etc.) and (c) if following registration of the prospective buyer, Pinehills LLC delivers to the Referring Broker an acknowledgment thereof in the form of Exhibit A attached hereto. Only referrals of a prospective buyer which are found by Pinehills LLC and/or a Cooperating Builder(s) to be in strict compliance with the provisions of this Section 2 shall be eligible for compensation in accordance with the terms of this Agreement. 3. No representation shall be made with respect to The Pinehills or any land available for sale within neighborhoods of The Pinehills, and no descriptive materials shall be used other than the materials prepared by us. No advertising, publication or any other use of The Pinehills name or logo by any Referring Broker or its Agent(s) or representatives is permitted without prior written approval of Pinehills LLC. 4. An acknowledged and confirmed Broker Referral of a prospective buyer shall continue for a period of 180 days from the date of the initial introduction by the Referring Broker (the Referral Period ). In each case in which a Referring Broker has introduced a prospective buyer to The Pinehills in full accordance with the provisions of Section 2 of this Agreement, and thereafter said buyer has within the Referral Period: i) executed a Land Purchase and Sale Agreement (in the form provided by Pinehills LLC or the Cooperating Builder) with a binding deposit of at least ten (10) percent of the purchase price of the land, ii) executed a design and construction agreement with a Cooperating Builder with a binding deposit of at least ten (10) percent, and, iii) a closing on the purchase of the land by said prospective buyer has in fact occurred, then Pinehills LLC (or the Cooperating Builder) will pay to said Referring Broker a sum equal to 2.5% of the purchase price of
the land plus $20,000. Payment will be made within ten business days following the actual closing on the sale of land. In case of Buyer default such that above referenced closing does not occur, no payment will be due or made to the Referring Broker and Pinehills LLC (and the Cooperating Builder) shall have no other or further obligation to said Referring Broker. In the event of any dispute with you or any other broker as to who first introduced any prospective buyer to The Pinehills, Pinehills LLC (in consultation with the Cooperating Builder) shall be the sole and conclusive arbiter of said dispute. 5. A Referring Broker may extend the Referral Period by completing a Broker Referral Extension in the form attached hereto as Exhibit B prior to the expiration of the Broker Referral Period, and must do so in order to extend any broker referral period for an additional 180 day period. Neither Pinehills LLC nor any Cooperating Builder shall have any obligation to notify a Referring Broker concerning the expiration of any 180-day referral period. If the Referring Broker does not extend the Referral Period as provided for hereinabove, then the Referral Period shall terminate and the Referring Broker shall no longer be entitled to compensation under the terms of this Agreement with respect to said prospective buyer, even if said prospective buyer were to proceed with the purchase of land at The Pinehills at a later date. 6. Pinehills LLC and the Cooperating Builders shall have the right to sell land at The Pinehills at any time, at any price and to any person, and to deal with purchasers directly on its own account and through any other referring broker or brokers. This Agreement may be terminated at any time by Pinehills LLC with or without cause by notice in writing to the Referring Broker herein named sent by first class mail to the address specified below. Termination shall be effective upon delivery of notice in accordance herewith. Termination of this Agreement shall not affect the Referring Broker s rights under any valid and confirmed Registration of Broker Referral which predates the effective date of termination of this Agreement. 7. This Agreement shall take effect only when signed by a representative of the Pinehills LLC and the Referring Broker named below and represents the full and complete agreement between the parties with respect to the subject matter hereof. Agreed to: Referring Broker: (Office Name) By: (Authorized Signatory) Address: Authorized: Pinehills LLC By: Hereunto duly Authorized
Exhibit A 1 of 2 PURCHASE OF LAND AND DESIGN AND CONSTRUCTION OF CUSTOM HOME PROSPECTIVE BUYER REGISTRATION Prospective Buyer(s): Address: Phone: Email: Prospective Buyer represents that the above named Prospective Buyer is presented by the Referring Broker, in person in accordance with Section 2 of the Broker Referral Agreement Purchase of Land and Design and Construction of Custom Home entered into by the Referring Broker and Pinehills LLC, and is referred with respect to the Neighborhoods identified and acknowledged on Schedule A attached hereto. Referring Broker Office: Referring Broker Agent: Office Address: Phone: Email: Signed on behalf of Referring Broker: By: Pinehills LLC (and the Cooperating Builder(s) by virtue of the signature of the authorized representative(s) as it appears on Schedule A attached hereto) hereby acknowledges that the abovenamed Prospective Buyer(s) of land and design and construction of a custom home at The Pinehills was/were presented to the undersigned on the date and at the time above specified by the above-named referring broker who has heretofore signed the Broker Referral Agreement Purchase of Land (the Agreement ) for The Pinehills. If Pinehills LLC and the Cooperating Builder(s) determine that the Referring Broker has in fact introduced the above named Prospective Buyer(s) to The Pinehills in strict accordance with the provisions of Section 2 of the Agreement, then this registration and the Referring Broker s rights with respect to payment of a Referral Fee under the Agreement with respect to the referral that is the subject of this registration shall be effective and expire on the date which is six months form the date set forth above and noted below (the Expiration Date ). If Pinehills LLC and/or the Cooperating Builder(s) determine that the Referring Broker did not introduce the named Prospective Buyer(s) to The Pinehills, then the Referring Broker shall not be entitled to any compensation under the terms of the Agreement. Acknowledgement of Registration by Pinehills LLC: By: REFERRAL PERIOD EXPIRATION DATE:. Neither Pinehills LLC nor any Cooperating Builder shall have any responsibility to notify the Referring Broker and Agent named hereinabove concerning the expiration of this acknowledgement.
Exhibit A 2 of 2 Schedule A Neighborhoods Purchase of Land and Design and Construction of a Custom Home Prospective Buyer(s): [name(s)] has been referred by Referring Cooperating broker and/or Referring Cooperating agent with respect to the purchase of land and design and construction of a custom home located within the Neighborhoods listed below. Such referral shall be effective only with respect to these Neighborhoods as acknowledged in the space provided below. The completed form (including the Prospective Buyer Registration and this Schedule A) with original signatures must be returned to the Pinehills LLC at The Summerhouse, 33 Summerhouse Drive, Plymouth, MA, to be reviewed for compliance with the provisions of the Broker Referral Agreement, including without limitation, Section 2 thereof. Following such review, a copy of the form will be provided to the Referring Broker/Agent along with a determination as to whether or not, with respect to the Prospective Buyer named in the Registration to which this Schedule A is attached, the Referring Broker has satisfied the requirements of the Agreement and is eligible to receive a Broker Referral Fee. If approved, the referral shall be effective through and including the Expiration Date set forth on the Registration: Name of Neighborhood 1. 2. 3. 4. 5. 6. 8. 9. 10. Acknowledgement, duly authorized COPIES OF THE FULLY EXECUTED FORM SHALL BE PROVIDED TO THE REFERRING BROKER. PINEHILLS LLC SHALL RETAIN THE ORIGINAL SIGNED FORMS.
Exhibit B Broker Referral Extension Form Purchase of Land and Design and Construction of Custom Home Whereas, Referring Broker/Agent previously entered into a Broker Referral Agreement ( Agreement ) with Pinehills LLC dated ; and Whereas, pursuant to said Agreement, Referring Broker/Agent received from Pinehills LLC an Acknowledgement of Broker Referral ( Acknowledgement ), including acknowledgement of the referral identified on Schedule A thereof, for the Prospective Buyer(s) named below: ; and Whereas, pursuant to said Acknowledgement, the referral period expires effective ; and Whereas the Prospective Buyer and Referring Broker/Agent desire to extend the Referral Period for an additional 180 days in accordance with the terms of said Agreement and said Acknowledgement. Now therefore, the undersigned Referring Broker/Agent requests an extension of the Referral Period for an additional 180 day period as approved by Pinehills LLC. The extension period shall expire on the date set forth below. By: Referring Broker/Agent Approved, Pinehills LLC: By: Expiration of Extension Period:. COPIES OF THE FULLY EXECUTED FORM SHALL BE PROVIDED TO THE REFERRING BROKER. PINEHILLS LLC SHALL RETAIN THE ORIGINAL SIGNED FORM.