Broker Participation Policy and Agreement
Persons interested in purchasing a home in the Community (“Prospects“) are free to use their own licensed real estate broker and/or agent, but BluestonePeakSM will only pay professional fees to cooperating real estate brokerage firms including their brokers and/or agents (collectively “Cooperating Broker(s)“) that (i) are registered with BluestonePeak as provided in this Broker Participation Policy and Agreement, (ii) have signed and delivered a Buyer-Broker Acknowledgement (a “BBA Acknowledgment“) and (iii) have complied with these terms and the terms of the BBA Acknowledgment including without limitation delivering to BluestonePeak a copy of the previously executed agreement between the Prospect and Cooperating Broker (the “Buyer-Broker Agreement“).
A Cooperating Broker will be considered registered with BluestonePeak in one of the following events: (i) upon request of a Prospect, BluestonePeak or Seller refers a Prospect to Cooperating Broker, (ii) a Cooperating Broker has prior to, or at the time of, bringing a Prospect to the Community identified the Prospect to BluestonePeak and provided such other information as may be required by BluestonePeak, or (iii) the Prospect independent of Cooperating Broker identifies the Cooperating Broker to BluestonePeak and provides such other information as may be required by BluestonePeak. In all events, the relationship between a Prospect and Cooperating Broker must be fully disclosed to BluestonePeak prior to the first time a Prospect tours the Community with a BluestonePeak representative.
In the event that a Prospect has independently of a Cooperating Broker already been marketed to by BluestonePeak, whether in-person, or by electronic means (including without limitation telephone, chat, social media, email or any virtual electronic means) then Cooperating Broker shall not be eligible for registration hereunder and shall not be eligible for a professional fee without a specific written waiver from BluestonePeak.
To be eligible for a professional fee under this policy, a Cooperating Broker in addition to being registered must execute and deliver a BBA Acknowledgement and comply with all terms of this Policy and Agreement.
Cooperating Broker hereby consents to BluestonePeak licensed agents and/or any unlicensed affiliated sales associates who are its employees (“Bluestone Sales Personnel“) giving the Prospect a tour of Massanutten Resort, the Community and an introduction to Seller or another member of the Builder’s Guild whose products are deemed by BluestonePeak to be most closely aligned with the Prospect’s interests and budget. Bluestone Sales Personnel may conduct all tours or make such introductions without the participation of Cooperating Broker who may not be invited to participate. Not accompanying a Prospect on a tour or visit will not jeopardize Cooperating Broker’s professional fee payable under this policy if all policy conditions are met or waived in writing and a purchase and sale agreement is executed and closed on.
As of August 2025, under the BBA Acknowledgment Cooperating Broker will receive as a professional fee the lesser of 1% of the Base Purchase Price of the home selected or the professional fee agreed to in the BBA Acknowledgement. This professional fee rate is subject to change. From time to time, on specific products, for specific time durations, or for other reasons it determines in its sole discretion, BluestonePeak may offer additional incentives, whether published or unpublished, to Cooperating Broker. Cooperating Broker shall be solely responsible for the professional fees of its agents.
This policy and the 1% professional fee provided for herein are subject to change through the date of Cooperating Broker’s execution of a BBA Acknowledgment for each Prospect such Cooperating Broker represents. Cooperating Broker will not be eligible for a professional fee if the Prospect, Cooperating Broker and BluestonePeak do not execute a BBA Acknowledgement setting forth the amount of the professional fee BluestonePeak agrees to pay. Cooperating Broker acknowledges that the professional fee payable by Bluestone Peak may be less than the amount otherwise due to Cooperating Broker under its Buyer-Broker Agreement and, in such case, Cooperating Broker waives any claim against BluestonePeak and Seller and shall look to Prospect for any additional professional fee Prospect agreed to pay in excess of offered by BluestonePeak in the BBA Acknowledgment. The BBA Acknowledgement shall be null and void if Cooperating Broker or its agent or sales associate have violated the terms of this Broker Participation Policy and Agreement or the terms of the BBA Acknowledgment. In addition to any other conditions set forth in this Policy and any BBA Acknowledgement, in order for Cooperating Broker to be eligible to receive a professional fee, the Prospect must contract to purchase a home in BluestonePeak before the Expiration Date (as defined in the BBA Acknowledgment) and there must be a settlement on the contract.
In the event that professional fees remain in escrow with settlement agent pursuant to the terms of the BBA Acknowledgment, then Cooperating Broker agrees that any legal fees and cost incurred by BluestonePeak or Seller shall be the responsibility of Cooperating Broker, and Cooperating Broker shall indemnify and hold BluestonePeak and Seller harmless in connection therewith.
The registration forms, sign-up sheets and other incentives, contracts, or forms given to Prospects or buyers of homes are subject to change, proprietary, confidential and trade secrets of BluestonePeakSM.