Last updated: October 7th, 2024

Home Seller Participation

AGREEMENT BETWEEN MERTON PARK AND HOME SELLER
By agreeing to participate in Home Selling Heroes (“the Show”), or by engaging with any related services provided in connection with the Show (collectively, the “Services”), you acknowledge and agree that you have entered into a legally binding agreement with Merton Park Film Studios, 1055 W Georgia Street, Vancouver, BC V6E 4N7 (“we,” “us,” “our,” and “Merton”). This agreement consists of these Terms of Participation and Privacy Policy, all of which are hereby incorporated by reference (collectively referred to as the “Agreement”). You further acknowledge and agree that by applying for consideration, you accept these terms as the sole and exclusive terms governing your participation and engagement, and that no other terms, conditions, or negotiations will be considered or apply. If you do not agree to these terms, do not apply for consideration.
 

Binding Agreement, Guaranteed Purchase Price, and Terms for Improvements
This Agreement will only become binding upon Merton’s issuance of a certified letter in writing to you, the home seller, confirming your acceptance into the Show. The certified letter will include:
 

1. The guaranteed purchase price for your home.

2. The terms upon which any necessary improvements to the home will be made and paid for by Merton, including the scope of work, timeline, and payment arrangements.
    

Until such a certified letter is issued, neither party shall be bound by this Agreement.
 

If you do not agree to these terms, do not apply for consideration.

This Agreement (“Agreement”) is entered into by and between Merton Park ("Merton"), a company producing and promoting real estate content, subject matter and sponsorship services, and a Home Seller ("Home Seller").

The parties agree as follows:

1. Purpose

The purpose of this Agreement is to help the Home Seller receive top dollar for their property by potentially accepting it for consideration on the Home Selling Heroes Pilot TV show (“Show”). This production also provides an opportunity for members of the sponsor business community, including contractors and real estate agents to promote their services while assisting in the sale of the Property.
 

2. Assessment and Market-Readiness

• Merton will assign a qualified real estate agent from its sponsor community to assess the property’s current market value and identify any necessary repairs or improvements to make it market-ready. The home seller may also choose to use their own real estate agent, provided the agent agrees to enroll in the program and comply with its terms.

• Merton will provide the home seller with a guaranteed purchase price. This is the price Merton or its purchasing partner commits to paying if the property does not sell. The home seller has no obligation to accept the Guaranteed purchase price.
   

3. Listing and Sale Process

• The home seller is under no obligation to proceed. However, if they choose to move forward, they may select their own asking price and list the property for sale as they would in any other transaction, irrespective of participating in the show.

• The home seller agrees to list the property with a real estate agent who is a member of Merton's sponsorship community (“Agent”). The agent’s commission will be negotiated directly between the home seller and the agent.

• The home seller may also choose to use their own real estate agent, provided the agent agrees to enroll in the program and comply with its terms.

• The home seller also agrees to collaborate with the agent to ensure all reasonable efforts are made to sell the property during the listing period.

 

4. Merton Purchase Obligation

• Once we know your home is listed and you have committed to a selling price, our team verifies your market listing. If your listing agreement and price is market-aligned, we’ll provide you with a commitment in writing to complete any needed repairs and enhancements and an upfront written offer for the full amount of your asking price, with the option to accept it if your home has not sold by the expiration of your listing agreement.

• If Merton provides you with an upfront written offer for the full amount of your asking price and the property remains unsold by the end of the seller's listing agreement without receiving an arm's length offer, and this is not due to any fault of the home seller, the seller may notify Merton of their intent to sell the property to Merton or its purchasing partner at the home seller's asking price. This option remains valid until the end of the listing agreement between the agent and the home seller.

• It is understood that Merton’s primary goal is for the property to sell to a third-party purchaser, as purchasing it would indicate a failure to sell, potentially impacting the show’s production and promotion.

• If Merton guarantees to purchase the seller’s home at an agreed-upon asking price, and if, before the listing agreement expires, the home seller receives a bona fide arm’s length offer below the guaranteed purchase price, Merton shall have the option, at its sole discretion, to cover the deficiency between the guaranteed price and the third-party offer. This payment would be made to facilitate the sale to the third-party buyer, ensuring that the home seller receives the full guaranteed amount without requiring Merton to take ownership of the property.
  
  For example, if the home seller’s guaranteed price is $600,000 and Merton has agreed in writing to purchase it for that amount by the end of the listing agreement, but the seller receives a firm offer of $575,000 before the agreement expires, Merton may choose to pay the $25,000 difference to complete the sale to the third party.

• In the event Merton is required to purchase the property, closing will occur within 15 days from the date the Home Seller exercises their option to compel Merton to purchase their property, or at a time agreed to by all parties, up to a maximum of 3 months.

• If Merton determines, based on its analysis and data, that the home seller's asking price is unreasonable and unlikely to attract a third-party offer before the listing agreement expires, Merton will not extend a written purchase guarantee. In such cases, the home seller will no longer be eligible for the purchase guarantee and will proceed with their home sale as originally planned..

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5. Consent for Communication

• The home seller gives Merton consent to provide their contact information to members of their sponsor community, including contractors and real estate agents, etc., for the purpose of necessary preparations to optimize the property’s market readiness and appeal. Furthermore, the home seller acknowledges and agrees that Merton, as well as its sponsors and members of the sponsor community, may contact them using any method of communication deemed necessary. This includes, but is not limited to, email, text messages, phone calls, and any other form of communication that may be required to facilitate the services provided under this Agreement. The home seller understands that these communications may pertain to scheduling, updates, offers, or other relevant information regarding the sale of their property.
   

6. Post-Sale Obligations and Show Production

• If the home sells, the home seller may be selected to participate in a 2 day re-enactment of key moments from the selling process for the show’s pilot episode.

• If chosen, the home seller will receive a $10,000 payment for their story rights.

• To be considered, the home seller agrees to submit a comprehensive essay detailing their home-selling journey. The home seller understands that if selected, their participation in re-enactments does not guarantee that any footage will be used or aired.

7. Confidentiality
The Home Seller agrees to maintain the confidentiality of all proprietary information shared by Merton, including marketing strategies, and any information related to the production of the pilot episode. This obligation shall survive the termination of this Agreement.
 

8. Mutual Non-Disparagement

Both the Home Seller and Merton agree not to make any disparaging or negative statements about each other, including any of Mertons’ sponsors, or the Home Selling Heroes program.

 

9. Thank You Letter and Media Release

In the event the Property is successfully sold, the Home Seller agrees to provide Merton with a thank you letter expressing their appreciation for the services rendered. The Home Seller grants Merton permission to use the thank you letter, in whole or in part, for promotional purposes on its website, social media, and other marketing materials.

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

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

12. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia if the home seller resides there, or in Ontario if the home seller resides in Ontario.

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

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