Santa Fe Vacation Rentals, LLC
Furnished Lease Agreement - Terms and Conditions
The Santa Fe Vacation Rentals, LLC Furnished Lease Agreement is a legally binding agreement between you the Tenant, and the Owner of the Property. This Agreement is written in accordance with the laws of the State of New Mexico. This Agreement is signed
by Santa Fe Vacation Rentals, LLC, who is the agent of the Owner with Power of Attorney for the Owner. Santa Fe Vacation Rentals, LLC is reserving the Property for you at your request during the Term of Occupancy subject to the following Terms and Conditions:
- A. OCCUPANCY
A.1. RESERVATION REQUIREMENTS. Reservations are not complete until the Agreement has been signed/acknowledged and/or payment has been received. Carefully review the Terms and Conditions, sign the signature page, and either fax to 505.919.7089
or scan and email to email@example.com or click the box to confirm the Terms and Conditions by stating your full name as reserved. If we do not receive your signature page and/or you did not
acknowledge the REPLY option, any payment received will confirm your acceptance of the Terms and Conditions of this Lease Agreement.
- A.2. CANCELLATION POLICY. If Tenant cancels their occupancy more than 60 days prior to arrival of the commencement of the Term of Occupancy, Tenant’s payment of 50% (fifty percent) of the Balance Due will be refunded, less a handling fee
in the amount of 10% (ten percent) of the gross amount of the Lease, plus New Mexico Gross Receipt Tax. If Tenant cancels Tenant’s occupancy 60 or fewer days before the commencement of the Term of Occupancy, Tenant will receive a refund only if Santa Fe Vacation
Rentals, LLC is able to find a substitute occupant for the Term of Occupancy who will pay the same rent. If a substitute is found, all sums paid by Tenant shall be refunded to Tenant, less an administrative fee equal to 25% (twenty-five percent) of the total
Balance Due under the Furnished Lease Agreement, plus New Mexico Gross Receipt Tax. If a substitute occupant is not found, there will be no refund of any sums paid by Tenant. CSA Travel Insurance is offered at a cost of 6.95% of the total reservation cost.
- A.3. TERM OF OCCUPANCY. The Reservation Dates as indicated above on the Reservation Invoice is the fixed term for Property reserved by Tenant. In consideration of the use of the Property, Tenant agrees to pay the Balance Due, as indicated
above which includes Rent and other Fees, in advance, to Santa Fe Vacation Rentals, LLC, 417 East Palace Avenue, Santa Fe, NM 87501, and to comply with all other Terms and Conditions of this Lease Agreement. Check-in time is 4:00 p.m. Mountain Time. Check-out
time is 10:30 a.m. Mountain Time. Tenant agrees there will be no holding over or late departure without prior approval. Any unauthorized departure after 10:30 a.m. by Tenant shall be subject to a charge of fifty (50%) percent of the daily rental rate.
- A.4. EXPIRATION DATE OF TENANCY. Tenant agrees to vacate the Property by the time and date set forth on the Reservation Invoice above in the Term of Occupancy. Tenant agrees to secure the property, to return all keys and remotes, and to
leave the Property in a reasonably clean condition. Tenant will be charged $100.00 for keys and/or remotes not returned to Santa Fe Vacation Rentals, LLC and an additional $50.00 to program any remote.
- A.5. MAXIMUM NUMBER OF GUESTS. Tenant shall not allow more than the MAXIMUM NUMBER OF GUESTS to occupy the Property overnight. This is an active Ordinance by The City of Santa Fe.
- B. PAYMENTS, FEES, DEPOSITS
B.1. PAYMENT OF RENT. Tenant shall tender 50% (fifty percent) of the Balance Due as indicated above with the Furnished Lease Agreement at the time the Reservation Invoice is submitted. However, if the Reservation Dates are within sixty days
of arrival, the full Balance Due is to be paid in full at the time the Reservation Invoice is submitted. If the 50% percent of the remaining Balance Due is not received by Santa Fe Vacation Rentals, LLC by the required date for payment of the remaining Balance
Due, Santa Fe Vacation Rentals, LLC, may construe such non-payment as a cancellation of the reservation and it shall treat the reservation as one that is cancelled less than 60 days before the commencement of the Term of Occupancy.
- B.2. VACATION RENTAL ACCIDENTAL DAMAGE PROTECTION FEE. As a part of your stay, you may purchase a Vacation Rental Damage Protection plan designed to cover unintentional damages to the rental unit interior that may occur during your stay
provided damage is disclosed to management prior to check-out. This option is in lieu of an actual Damage Deposit of $1,000.00 or more that would be charged to your credit card. Tenant will be charged a non-refundable Accidental Damage Fee of $89 (Eighty-Nine Dollars)
for this plan. If purchased, the policy will pay a maximum benefit of $5,000. Any damages that exceed $5,000 is not covered under the plan and will be charged to the credit card on file. If, during your stay at one of our rental properties, an insured person
causes any damage to real or personal property of the unit as a result of inadvertent acts or omissions, the Insurer will reimburse the Insured for the cost of repair or replacement of such property up to a maximum benefit of $5,000. Certain terms and conditions
apply. Full details of the Vacation Rental Damage coverage are contained in the Description of Coverage or Insurance Policy at the following:
www.vacationrentalinsurance.com/g20vrd. The Vacation Rental Damage Plan can be purchased up to, and including, at check-in. By submitting payment for this plan, you authorize and request
CSA Travel Protection and Insurance Services to pay directly to Santa Fe Vacation Rentals, LLC any amount payable under the terms and conditions of the Vacation Rental Damage. Should there be any excessive cleaning, plumbing stoppages, or failure to follow
any of the rules as outlined in this Agreement, Tenant hereby authorizes Santa Fe Vacation Rentals, LLC to charge Tenant’s credit card for same as these items are not covered under the damage protection plan. The Accidental Damage Fee does NOT cover intentional
damage, excessive cleaning, plumbing stoppages, removal of items or failure to follow any rules. If Tenant does NOT report damage subsequently discovered by Santa Fe Vacation Rentals, LLC, Santa Fe Vacation Rentals, LLC will charge Tenant’s credit card to
return said damage to the condition prior to Tenant’s arrival. Tenant is delivering to Santa Fe Vacation Rentals, LLC a Valid Credit Card, which authorizes Santa Fe Vacation Rentals, LLC to charge Tenant for any and all unreported damages. Further, Tenant
grants Santa Fe Vacation Rentals, LLC permission to use a Valid Credit Card, which authorizes Santa Fe Vacation Rentals, LLC to charge TENANT for any and all unreported damages. Santa Fe Vacation Rentals, LLC will provide you with an itemization of charges
within 30 days of the date of Tenant’s departure.
- B.3. PET FEE POLICY. In the event Pets are allowed on the leased premises, Tenant agrees to pay an additional non-refundable Pet Fee at the time of signing of the lease in the amount of $200 per pet, and Tenant further agrees to pay for
any additional cleaning or damages of the property at the end of the lease term at Tenant’s expense. All Tenants bringing their pets are automatically enrolled in the Vacation Rental Accidental Damage Protection Plan in the amount of $89.00 in lieu of a Pet
Damage Security Deposit charge of $500.00. See above Vacation Rental Accidental Damage Protection Fee language. Santa Fe Vacation Rentals, LLC reserves the right to charge this Pet Fee for pets that are not disclosed prior to tenancy. When outside the Property,
Tenant agrees to keep pets under Tenant’s control and on a leash as stated in the Santa Fe Pet Ordinance. Tenant agrees to promptly remove any pet waste from the Property, including all living areas, garages, storage areas, yards, porches, patios, courtyards
and decks. Evidence of pets in a home where pets are not allowed or where pets have not been agreed upon will result in a Pet Fee of $250 and all additional cleaning fees charged to Tenant’s credit card. PETS are not allowed on furniture, in pools, or in hot
tubs. Please inform us of your pet accompanying your stay at the Property.
- B.4. LONG DISTANCE TELEPHONE AND PAY-PER-VIEW CHARGES. Should Tenant charge long distance telephone calls to the phone in the Property, purchase Pay-Per-View on Cable, Dish, or DirecTV Satellite, Tenant agrees to be responsible for the
charges incurred during Tenant’s occupancy of the Property. Tenant agrees that any of the aforementioned purchases incurred during the term of Tenant’s occupancy and appearing on the Owner’s telephone or television bills may be included as a charge upon tenant’s
Valid Credit Card.
- B.5. LOST KEYS AND REMOTE CONTROLS. A $100.00 charge will be incurred in the event Tenant loses or misplaces a key. In the event any remote control is lost, Tenant shall pay $100.00 for the cost of replacement and $50.00 for the programming
of the new remote control device.
- B.6. LOST AND FOUND. If notified by TENANT, Santa Fe Vacation Rentals, LLC will make an effort to recover items left at the Property. If found, Santa Fe Vacation Rentals, LLC will return items at Tenant’s expense. The fee for this service
- A. PROPERTY
A.1 CONDITION OF PROPERTY. Tenant shall reasonably maintain the Property. Tenant is liable for any loss or breakage of the contents of the Property. If there is any breakage, damage or theft to the Property or furnishings or appliances within
the Property, Tenant shall notify Santa Fe Vacation Rentals, LLC as soon as is possible. Tenant shall provide Santa Fe Vacation Rentals, LLC with a reasonable timeframe to repair any such condition. Tenant is not authorized to repair or arrange for any repair
of the Property without the express authorization of Santa Fe Vacation Rentals, LLC. In cases of theft, Santa Fe Vacation Rentals, LLC will replace the missing items at Tenant’s expense.
- A.2. PROPERTY SUPPLIES. The Property is generously supplied with kitchen and bath paper products and cleaning solutions upon your arrival. However, should you require additional supplies during your stay, please purchase as needed.
- A.3. INITIAL CLEANING, INTERIM CLEANING AND ADDITIONAL CLEANING. The Total Due includes a stated Cleaning Fee that is only the cost of standard cleaning services engaged and/or applied to cleaning the Property upon Tenant’s departure as
indicated in the Term of Occupancy. Santa Fe Vacation Rentals, LLC reserves the right to charge an additional cleaning fee to Tenant’s credit card if the condition of the Property upon the expiration of the Term of Occupancy requires additional cleaning beyond
such standard level, or if Tenant at any time requested additional cleaning services. If the Term of Occupancy is 30 days or longer, the Property will be cleaned once every two (2) weeks during the Term of Occupancy. Tenant shall pay for such additional cleanings.
All house cleanings of the Property shall be by cleaning professionals employed by Santa Fe Vacation Rentals, LLC or the Owner of the Property.
- A.4. SUBSTITUTE PROPERTY. Santa Fe Vacation Rentals, LLC is a real estate broker and an agent for the Owner of the Property. Santa Fe Vacation Rentals, LLC is not the owner of the Property. Should the Property reserved become unavailable,
Santa Fe Vacation Rentals, LLC will attempt to provide you with a comparable property or they will refund your money. If Santa Fe Vacation Rentals, LLC is unable to offer you alternative accommodations, the liability of Santa Fe Vacation Rentals, LLC to Tenant
shall be limited to the refund of all sums paid by Tenant for the Property. Santa Fe Vacation Rentals, LLC shall have no additional liability to Tenant, such as for compensatory, consequential or punitive damages.
- A.5. POOL OR HOT TUB. In the event the Leased Property has a pool or a hot tub, Tenant is required to sign the
WAIVER, RELEASE AND INDEMNITY AGREEMENT, which is attached hereto as Exhibit A, and incorporated herein by reference.
III. CONDUCT AND USE
- A. CONDUCT
- A.1. EVERY PROPERTY IS NON-SMOKING. If evidence of smoking is found, Tenant will be charged an additional cleaning fee of at least $500 to clean the carpet, upholstery, and drapery.
- A.2. NO PETS within the property, unless prior written approval has been obtained and the pet fee has been paid. If evidence of pets is found at a property which does not allow pets, Tenant will be charged an additional cleaning fee of
at least $500 to clean the carpet, upholstery, and drapery.
- A.3. NO RECREATIONAL VEHICLES, boats, campers, motor homes, or the like shall be kept on or about the Property.
- A.4. TENANT shall comply with all condominium association rules, neighborhood association rules or restrictive covenants that may apply to the Property, and it is Tenant’s obligation to inquire into the substance of such rules or covenants
should Tenant desire to determine their applicability to Tenant’s activities.
- A.5. TENANT shall not violate any laws while occupying the Property.
- A.6. TENANT shall leave premises in a neat and undamaged condition.
- A.7. ALL trash must be placed in trash containers and not left scattered about the home or outdoors.
- A.8. FURNITURE should not be moved from its original position. Damage to floors resulting from the movement of furniture will be billed to the Tenant.
- A.9. NO missing or damaged linens.
- A.10. POSTED rules must be followed in homes with pools or hot tubs.
- A.11. USE of candles is prohibited. Failure to follow any of these instructions or other posted rules will result in a charge to the Valid Credit Card used to secure the reservation. These items are NOT covered under Accidental Damage Fee
as they would be considered as intentional damage or intentional failure to follow rental rules and will be charged to Tenant’s credit card.
- B. USE
B.1. GUESTS. Tenant’s guests shall be subject to the limitations on conduct as set forth above in this Agreement. It shall be the obligation of the Tenant to enforce said compliance with Tenant’s guests. Tenant agrees to assume all legal responsibility
for the acts and conduct of any of Tenant’s guests and to assure compliance with all house rules.
B.2. SUBLEASE OR SUBLETTING. Any arrangement by which the Tenant, in return for any compensation or thing of value, allows any other person or persons to occupy the Property, or any part of the Property. Sublease means any sublease for a term
of less than 30 continuous days. Tenant is prohibited from engaging in any form of subletting in connection with the Property being rented by Tenant. Any such violation will result in immediate eviction and a fine of Ten Thousand ($10,000.00) Dollars to the
- C. ENVIRONMENTAL
C.1. Environmental Conditions. An unknown environmental condition at a Property can cause illness or injury to the occupants of the Property. Cases have been reported in which occupants of a Property suffer illness or injury as a consequence
of unknown environmental conditions. Under this Agreement, Tenant is renting a residential dwelling, not a room, suite or other accommodation on Santa Fe Vacation Rentals, LLC’s premises. This and the fact that some furnished rental properties are unoccupied
for extended periods of time make detection of such conditions difficult. Neither the Owner nor Santa Fe Vacation Rentals, LLC is qualified to detect environmental conditions. With reasonable advance notice, Santa Fe Vacation Rentals, LLC shall allow Tenant
(and/or Tenant’s qualified inspector) to inspect the Property for such conditions prior to the commencement of the Term of Occupancy so that Tenant may ascertain the suitability of the Property for Tenant (and Santa Fe Vacation Rentals, LLC shall make a good
faith effort to offer alternative accommodations if an objectionable condition is found). If Tenant becomes suspicious that such a condition exists at the Property, we ask that you promptly report your suspicion to Santa Fe Vacation Rentals, LLC. Tenant agrees
that they are not entitled to a refund for any allergic reactions from any member of their party due to pollen, animals or environmental conditions.
- C.2. Assumption of Risk. Tenant, for him/herself and for all those that occupy the Property during Tenant’s TERM OF OCCUPANCY, hereby agrees to ASSUME THE RISK OF ANY AND ALL ILLNESS OR INJURY RESULTING FROM AN UNKNOWN ENVIRONMENTAL CONDITION
on or near the Property, such as mold or residue from household products, and to waive any claim for damages that Tenant or such other occupants could assess against Owner or Santa Fe Vacation Rentals, LLC for such injuries.
IV. INDEMNIFICATION AND HOLD HARMLESS
- A. INDEMNIFICATION AND HOLD HARMLESS
- A.1. Santa Fe Vacation Rentals, LLC and/or the Owner. Neither Santa Fe Vacation Rentals, LLC and/or the Owner shall not be liable for any injury or damage to persons or property arising from an act or omission of Tenant, Tenant’s family,
Tenant’s guests, Tenant’s invitees or visitors. Neither Santa Fe Vacation Rentals, LLC nor Owner will be liable for losses or damages to Tenant’s property by theft, vandalism, fire, smoke, water, rain, hail, ice, snow, explosion, acts of God, acts of other
residents, or any other causes other than as a direct and proximate result of the gross negligence of Agent or Owner. Tenant will hold Santa Fe Vacation Rentals, LLC and Owner, and their employees and agents, from any liability due to loss or damage to the
property of Tenant or others present on the Property from any cause other than gross negligence or the intentional acts of Santa Fe Vacation Rentals, LLC, Owner or their employees and agents.
- B. MISCELLANEOUS TERMS AND CONDITIONS AND RIGHTS
- B.1. RIGHT OF ENTRY. The Owner or the Owner’s agent, Santa Fe Vacation Rentals, LLC, or an agent designated by either of them, may enter the Property at any reasonable time to inspect, repair, maintain or show the Property.
- B.2. RISK OF LOSS TO PROPERTY. Neither Owner nor Santa Fe Vacation Rentals, LLC insurance cover loss or damage to Tenant’s personal possessions and Tenant shall bear the risk of loss of Tenant’s property. The Property is not protected by
an alarm system. (If an alarm system is installed at the Property, it will not be operable during your occupancy of the Property). Santa Fe Vacation Rentals, LLC and the Owner shall have no duty regarding security of the Property.
- B.3. MECHANICAL MALFUNCTIONS. Santa Fe Vacation Rentals, LLC will make all reasonable efforts to insure that all mechanical systems are working properly, including malfunctions and repairs. Tenant agrees to notify Santa Fe Vacation Rentals,
LLC of any defect in any mechanical system. Santa Fe Vacation Rentals, LLC is not liable to Tenant for any mechanical malfunction and Tenant is not entitled to reimbursement for any rent.
- B.4. DISPUTES. Tenant shall be liable for attorney’s fees and expenses incurred by the Owner or Santa Fe Vacation Rentals, LLC (and their agents and employees) should Tenant breach this Agreement or in the event Tenant does not prevail
in any claim brought by Tenant against Owner and /or Santa Fe Vacation Rentals, LLC . The law of the State of New Mexico shall govern any and all disputes between the parties to this Agreement. Venue for any legal action between the parties shall be Santa
Fe County, New Mexico.
- B.5. TENANT’S WARRANTY. Tenant hereby warrants and represents that Tenant is authorized to sign this Agreement and the Valid Credit Card provided and is not relying on any prior oral or written representations of the Owner or Santa Fe Vacation
Rentals, LLC .
- B.6. ENTIRE AGREEMENT. This Agreement, the Reservation Invoice, and the Tenant’s Valid Credit Card information constitute the entire contractual agreement among all the applicable parties with respect to the subject matter hereof, and no
representations or covenants, whether oral or written, have been made regarding the subject matter hereof except as provided herein and above.
- B.7. SEVERABILITY. Every provision of this Agreement is intended to be severable, and if any term or provision hereof shall be declared illegal, invalid, or in conflict with New Mexico Law or the purposes of this Agreement for any reason
whatsoever, or if the enforcement of any provision shall be waived, the validity of the remainder of this Agreement shall not be affected thereby.
EXHIBIT A POOL, HOT TUB AND WATER FEATURE WAIVER, RELEASE AND INDEMNITY
The Owners of the Property have, by their agent, Santa Fe Vacation Rentals, LLC (Agent) by written instrument (the Lease) leased the Property to the undersigned (collectively, Tenant). The Property consists of a residence and certain other improvements including
a swimming pool or hot tub (the Pool or Hot Tub). Tenant understands that Owners and Agent are not responsible for supervision of and will not supervise use of the Pool or Hot Tub and Pool or Hot Tub area by Tenant, Tenant’s immediate family, Tenant’s invitees
or other persons who may come upon the Property during the terms of the Lease. Tenant further understands and is aware that use of a Pool or Hot Tub and Pool or Hot Tub area involves a risk of injury to any and all parts of the body, and that use of the Pool
or Hot Tub and Pool or Hot Tub area by Tenant, Tenant’s immediate family and Tenant’s invitees will be undertaken with knowledge of the DANGER involved. Tenant, on behalf of itself, members of its immediate family and its invitees, hereby expressly and freely
agrees to assume and accept all risks of injury or death which may result from use of the Pool or Hot Tub and Pool or Hot Tub area and to advise all others using the Pool or Hot Tub and Pool or Hot Tub area during the term of the Lease of such risks and danger.
Tenant further agrees to take all reasonable precautions to prohibit unauthorized persons from using the Pool or Hot Tub and Pool or Hot Tub area during the term of the Lease. Tenant also understands that undertaking such activities at approximately 7,000+
feet above sea level may affect a person’s performances and abilities. Tenant represents to Owners that Tenant, Tenant’s immediately family and Tenant’s invitees have no physical impairment(s) or problems, which would adversely affect their ability to participate
in water sports or Pool or Hot Tub activities. For good and valuable consideration, TENANT HEREBY AGREES TO RELEASE AND DISCHARGE OWNERS AND AGENT and their respective heirs, successors and assigns from any and all responsibility for injuries or damages to
Tenant, members of its immediate family or its invitees and to any other person arising from use of the Pool or Hot Tub and Pool or Hot Tub area by any person during the term of the Lease. Further, TENANT AGREES TO INDEMNIFY AND HOLD HARMLESS Owners and Agent
from any and all liabilities, damages, claims, causes of action and the like, including reasonable attorney’s fees and costs, arising from the use by any person of the Pool or Hot Tub or Hot Tub and Pool area during the term of the lease. Tenant understands
that they shall carry insurance sufficient to cover any claims arising from Pool or Hot Tub activities on the Property. Tenant hereby acknowledges that Tenant has had the opportunity to read this Waiver, Release and Indemnity and has done so carefully and
fully. Tenant has signed this Waiver, Release and Indemnity knowingly, voluntarily and with full appreciation of its meaning and effect.
SANTA FE VACATION RENTALS’ PET POLICY
A. REGARDING PARAGRAPH B.3. OF THE FURNISHED LEASE AGREEMENT, “Pet Fee Policy”,
|Type or Breed:___________________
Neutered? Yes______ No___________
Declawed? Yes______ No___________
Rabies Shots Current? Yes______ No______
|Type or Breed:___________________
Neutered? Yes______ No___________
Declawed? Yes______ No___________
Rabies Shots Current? Yes______ No______
PLEASE REMIT CURRENT VETENERIAN RECORDS PRIOR TO YOUR ARRIVAL DATE AND ANY UPDATES DURING TENANT APPLICABLE LEASE DATES.
A.1. PET PHOTO REQUIRED. Please attach a photo of each pet prior to your arrival date.
B. TENANT AGREES TO:
B.1. Pay a $200 non-refundable pet fee per pet.
B.2. Take all reasonable/appropriate action/steps necessary to insure pet does not violate the rights of others. PLEASE REFER TO CITY OF SANTA FE ANIMAL SERVICES ORDINANCES BOOKLET AT YOUR LEASED PROPERTY.
B.3. Comply with required statutes, ordinances, restrictions or other enforceable regulations regarding any pet; this includes wandering and/or barking the Property premises or neighborhood.
B.5. When outdoors, pet to remain on leash according to Santa Fe Ordinance 5.5.4. When Tenant leaves Property and pet remains at the Property, pet must be kenneled.
B.6. PROMPTLY remove any pet waste from the Property. This includes all living areas, garages, storage areas, yards, porches, patios, courtyards, decks, and any area where your pet may have roamed.
B.7. If any evidence of your pet remains at the property (waste, urine) both smell and/or visual, it must be removed before Tenant vacates the Property. This includes ANY scratches and stains on flooring and carpet. Any damages and/or additional
cleaning required will be charged to Tenant’s credit card on file. Please contact Agent and report damages.
C.ACCESS. Tenant must remove or confine ANY pet at ANY time that the pet is likely to limit or prohibit ANY person’s access to the Property.
D. DISCLOSURE CONCERNING PETS
D.1. Is Tenant/Lessee aware of any of the pets described within this Exhibit AA ever having bitten or injured another person? Yes______ No______ If yes, explain: ______________________________________________________________________________
D.2. Is Tenant/Lessee aware of whether any of the pets described within this Exhibit AA having any propensity or predisposition to injure someone? Yes______ No______ If yes, explain: ______________________________________________________________________________
E. TENANT’S/LESSEE’S LIABILITY.
E.1. Tenant/Lessee is responsible and liable for:
a. any damage to the Property or damage to any item in the Property caused by any pet;
b. any personal injuries to any person’s property caused by any pet; and
c. any damage to any person’s property caused by any pet.
E.2. Tenant/Lessee will pay all reasonable costs necessary to clean, deodorize, de-flea, or repair any part of the Property, including but not limited to the carpets, doors, walls, drapes, wallpaper, windows, screens, furniture, appliances,
sod, yard, fences or landscaping.
F. INDEMNIFICATION. Tenant/Lessee will protect, defend, indemnify, and hold Owner and Agents, and Agents’ agents harmless from any damages, costs, attorney’s fee, and expenses that are caused by the act of any pet or Tenant/Lessee.
SANTA FE VACATION RENTALS, LLC REALTORS ASSOCIATION OF NEW MEXICO BROKER DUTIES
Every licensed New Mexico real estate Broker is obligated to disclose Broker Duties. Please acknowledge receipt of this information by signing or initialing at the bottom of this page.
Prior to the time a broker generates or presents any written document that has the potential to become an express written agreement, the broker shall disclose in writing to their prospective customer or client, and obtain a written acknowledgement from their
perspective customer or client, showing the delivery of the disclosure of the following broker duties:
- (A) Honesty and reasonable care; as set forth in the provisions of this section;
- (B) Compliance with local, state, and federal fair housing and anti-discrimination laws, the New Mexico Real Estate License Law and the Real Estate Commission Rules and Regulations, and other applicable local, state, and federal laws and
- (C) Performance of any and all oral or written agreements made with the Customer or Client;
- (D) Assistance to the broker’s customer or client in completing the transaction, unless otherwise agreed to in writing by the customer or client, including (1) Presentation of all offers or counteroffers in a timely manner, and (2) Assistance
in complying with the terms and conditions of the contract and with the closing of the transaction; If the broker in a transaction is not providing the service, advice or assistance described in paragraphs D(1) and D(2) above, the customer or client must agree
in writing that the broker is not expected to provide such service, advice or assistance, and the broker shall disclose the existence of such agreement in writing to the other brokers involved in the transaction.
- (E) Acknowledgment by the Broker that there may be matters related to the Transaction that are outside the Associate Broker’s or Qualifying Broker’s knowledge or expertise and that the Associate Broker or Qualifying Broker will suggest
that the Customer or Client seek expert advice on these matters;
- (F) Prompt accounting for all monies or property received by the Broker;
- (G) Written disclosure to their client or customer and to other brokers involved in the transaction of any potential conflict of interest that the broker has in the transaction including but not limited to: (1) any written brokerage relationship
the broker has with any other parties to the transaction; and/or (2) any material interest or relationship of a business, personal, or family nature that the broker has in the transaction; (3) other brokerage relationship options available in New Mexico;
- (H) Written disclosure of any adverse material facts actually known by the associate broker or qualifying broker about the property or the transaction, or about the financial ability of the parties to the transaction to complete the transaction;
adverse material facts requiring disclosure do not include any information covered by federal fair housing laws or the New Mexico Human Rights Act;
- (I) Maintenance of any confidential information learned in the course of any prior Agency relationship unless the disclosure is with the former Client’s consent or is required by law;
- (J) Unless otherwise authorized in writing, an associate broker or qualifying broker shall not disclose to their customer or client during the transaction that their seller client or customer has previously indicated they will accept a
sales price less than the asking or listed price of a property; that their buyer client or customer has previously indicated they will pay a price greater than the price submitted in a written offer; the motivation of their client or customer for selling or
buying property; that their seller client or customer or their buyer client or customer will agree to financing terms other than those offered; or any other information requested in writing by the associate broker’s or qualifying broker’s customer or client
to remain confidential, unless disclosure is required by law.
I have read and accept the Terms and Conditions of Santa Fe Vacation Rentals, LLC
SIGNATURE OF TENANT(S) _________________________________________________________________
Fax to: 505.919.7089
Scan to: firstname.lastname@example.org