Sales Coordination Terms & Conditions
These Sales Coordination Terms & Conditions (“Terms”) govern the respective roles and responsibilities of DeSantis Property Management (“DPM”) and the property owner (“Owner”) in connection with any contemplated or pending sale of the managed property (“Property”). It is the responsibility of the property owner to share this agreement, including terms and conditions with the agent and broker.
1. Limited Scope of Services
DPM’s duties are strictly limited to property management services as outlined in the existing Property Management Agreement. Under no circumstances shall DPM participate in, manage, coordinate, or otherwise be involved in the marketing, negotiation, facilitation, or closing of any sale of the Property, nor shall DPM act as an intermediary between any parties involved in such transaction.
2. Sales Agent Responsibility
The Owner’s designated real estate agent (“Agent”) shall have sole and exclusive responsibility for all aspects of the sale process, including but not limited to showings, inspections, appraisals, buyer communications, and transaction coordination. DPM shall not coordinate, schedule, or participate in any sale-related activities or communications with tenants, buyers, agents, inspectors, appraisers, or other third parties.
3. Tenant Communication & Quiet Enjoyment
All communication with tenants regarding the sale of the Property shall be the sole responsibility of the Agent and/or Owner. The Owner and Agent shall ensure full compliance with all applicable lease terms and tenant rights, including the tenant’s right to quiet enjoyment.
In the event DPM determines, in its sole discretion, that tenant rights are being violated, or that the frequency or manner of access requests is unreasonable or disruptive, DPM reserves the right to limit or deny access and/or require consolidation of showings, inspections, and related activities. Repeated or unresolved violations may result in DPM taking further action, including modification or discontinuation of services.
4. Financial Documentation
Upon reasonable request, DPM will provide a single consolidated financial statement, including rent rolls and expense summaries. Any additional requests, custom reporting, or repeated requests may be declined or fulfilled at DPM’s discretion and may be subject to additional fees.
All financial disclosures and communications to prospective buyers must be handled exclusively through the Agent. DPM shall not communicate directly with prospective buyers or their representatives.
5. Lease Obligations & Tenant Accounts
All existing lease terms shall remain in full force and effect throughout the sale process. Tenant balances, credits, or obligations shall remain the responsibility of the Owner unless otherwise agreed in writing. DPM shall have no responsibility for reconciling accounts in connection with the sale unless expressly agreed.
6. Utilities & Property Condition
The Owner shall ensure that all utilities servicing the Property remain active and in good standing throughout the marketing and sale process, including maintaining any necessary continuity of service agreements. DPM shall not be responsible for any utility interruptions, service failures, or related issues.
7. Access, Keys & Lockboxes
The Agent shall be solely responsible for coordinating property access. The Owner shall bear all costs associated with keys, lockboxes, rekeying, or access devices. DPM is not responsible for facilitating or managing access logistics.
8. Property Access & Liability
DPM shall not be liable for any loss, theft, damage, or claims arising from property access related to the sale, including but not limited to showings, inspections, or appraisals. All such risks shall be borne by the Owner.
9. Security Deposits, Partial Rent, and Unpaid Tenant Balances
Unless otherwise directed in writing, all tenant security deposits and rents shall be transferred to the Owner within 30 days after closing. The Owner shall be solely responsible for compliance with applicable laws governing the handling and transfer of such deposits in connection with the sale. Security Deposits and Partial rent due to the buyer should be addressed in the HUD, and DPM will not participate in transferring funds to parties other than the owner. Any past balances owed from the tenant, where applicable, will be the responsibility of owner to pursue collection efforts if desired, as this will no longer be a tenant managed by DPM once the sale is finalized.
10. Third-Party Non-Affiliation
DPM shall have no responsibility or liability for the actions, omissions, or conduct of any third parties involved in the sale process, including but not limited to agents, buyers, inspectors, appraisers, contractors, or vendors.
11. Communication Protocol
All sale-related communications shall be directed exclusively through the Owner and/or Agent. DPM shall not be included in, copied on, or expected to participate in any sale-related communications or coordination with tenants or third parties.
12. Right to Suspend or Terminate Services
DPM reserves the right, in its sole discretion, to suspend, modify, or terminate services if the sale process creates undue burden, operational disruption, increased liability, or interference with DPM’s management responsibilities.
13. Owner Responsibilities & Indemnification
The Owner shall remain fully responsible for all obligations under the Property Management Agreement and for the actions of their Agent and any third parties engaged in the sale process. The Owner agrees to indemnify, defend, and hold harmless DPM from and against any and all claims, damages, liabilities, or expenses arising out of or related to the sale of the Property or the actions of the Owner, Agent, or any third parties.
Acknowledgment & Acceptance
By proceeding with the sale of the Property, Owner acknowledges and agrees to these Terms & Conditions. It is the responsibility of the property owner to share this agreement, including terms and conditions with the agent and broker.