Mylestone Home Builder Agreement

Last updated: April 12, 2025

This Mylestone Home Builder Agreement (the "Contract") is entered into upon listing checkout (the “Effective Date”).

WHEREAS, Builder is in any phase or in the process of constructing a speculative (SPEC) home or owns land for sale (the "Property"), and seeks to list the Property or land for sale through Mylestone Home’s platform for marketing purposes, including direct connections with buyers, and without offering traditional real estate services such as buyer representation, property showings, or negotiations;

WHEREAS, Mylestone Home is a platform that connects sellers with potential buyers and facilitates direct interactions between the two, but does NOT provide conventional real estate services, or services such as representation or assistance with mortgage financing, home inspections or legal representation;

WHEREAS, Builder wishes to list the Property or land on the Mylestone Home platform for the purposes of marketing it to buyers and establishing direct connections, subject to the terms and conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the Parties agree as follows:

1. Scope of Services
1.1 Mylestone Home Responsibilities:

Mylestone Home will facilitate the listing of the Property or land on its platform for the purpose of marketing it to potential buyers, including direct connections between the Builder and interested buyers. MH will not provide any traditional real estate services, including but not limited to:

  • Property showings;
  • Buyer or Seller representation;
  • Negotiation of offers or contracts;
  • Assistance with financing or inspections; nor,
  • Legal advice.
1.2 Builder Responsibilities:

Builder shall:

  • Provide accurate and complete information regarding the Property or land to Mylestone Home for the purpose of listing it on the platform;
  • Maintain full responsibility for the sale of the Property or land, including but not limited to showings, negotiations, contract execution, and closing;
  • Be solely responsible for the accuracy of all information provided by the Builder.
2. Listing Information
2.1 Property/Land Details:

Builder shall provide Mylestone Home with the following property or land details for the listing:

  • Property Address (if a spec home) or Land Address and/or other specific identifying information;
  • Square footage, number of bedrooms/bathrooms, lot size, and other relevant property details (for spec homes);
  • Photographs, virtual tours, or videos of the Property (for spec homes); and,
  • Listing price and any other requested marketing details.
2.2 Accuracy of Information:

Builder warrants that all information provided to Mylestone Home is accurate, complete, and up-to-date. Mylestone Home will not be responsible for verifying the accuracy of the information provided by Builder.

3. Term of Agreement
3.1 Effective Date and Duration:

This Contract shall commence on the effective date of this Agreement and shall continue until the Property or land is sold, or the Contract is terminated by either Party.

4. Fees
4.1 Mylestone Home Fees:

In consideration for the listing services, Mylestone Home shall charge Builder a non-refundable listing fee upon checkout.

4.2 No Commission:

Mylestone Home will not receive any commission from the sale of the Property or land. Any negotiations or commissions related to the sale shall be handled solely by the Builder and their appointed agents.

5. No Real Estate Agency Relationship
5.1 No Agency:

Nothing in this Contract creates an agency relationship between Mylestone Home and Builder or between Mylestone Home and any potential buyers. Mylestone Home is simply facilitating the listing of the Property or land on its platform for marketing purposes and direct connections.

5.2 Independent Contractor:

Mylestone Home is an independent contractor, and nothing in this Contract shall be construed to create a joint venture, partnership, or any other similar relationship between the Parties.

6. Indemnity and Liability
6.1 Builder's Indemnity:

Builder agrees to indemnify, defend, and hold harmless Mylestone Home from any claims, losses, damages, liabilities, or expenses (including attorney fees) arising from or related to the sale of the Property or land, any inaccuracies in the Property or land details, or any breach of this Contract by Builder.

6.2 Mylestone Home’s Liability:

Mylestone Home’s liability shall be limited to the amount paid by Builder for the listing services, and Mylestone Home shall not be responsible for any losses or damages resulting from the sale or non-sale of the Property or land.

7. Termination
7.1 Termination by Builder:

Builder may terminate this Contract at any time. Upon termination, the Property or land listing will be archived or removed from the Mylestone Home platform.

7.2 Termination by Mylestone Home:

Mylestone Home may terminate this Contract if Builder fails to meet the obligations under this Agreement or provides false or misleading information. Mylestone Home may also terminate this Contract at its discretion.

8. Miscellaneous

Mylestone Home is not a licensed real estate brokerage, licensed mortgage lender and is NOT providing any professional service directly to the consumer.

8.1 Governing Law:

This Contract shall be governed by the laws of the state of New York.

8.2 Entire Agreement:

This Contract constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, discussions, and negotiations.

8.3 Amendment:

This Contract may only be amended or modified by Mylestone Home.

8.4 Severability

If any provision of this Contract is held to be invalid or unenforceable, the remainder of this Contract shall remain in full force and effect.