Buy With Us, List for Free – Program Terms & Conditions

Negotiability of Commissions

Real estate brokerage commissions, service fees, and compensation rates are not set by law and are fully negotiable between broker and principal.

Eligibility & Representation Requirements

This offer is available exclusively to clients who:

• Enter into an exclusive Listing Agreement with the Bigelow Real Estate Team;
• Enter into an exclusive Buyer Brokerage Agreement with the Bigelow Real Estate Team; and
• Complete both transactions — the sale of their current home and the purchase of their next home — through our brokerage.

The replacement home may be an eligible resale property or new construction.

Baseline Commission & Value Parity Structure

Listing agreements are executed at a baseline rate of 3% listing brokerage commission, plus applicable New Mexico Gross Receipts Tax (NM GRT).

The program’s fee-waiver benefit applies to the lower-priced property, with total brokerage compensation benchmarked at 3% of the higher-priced home across the paired transactions.

Equal or Greater Value Purchase — Move-Up / Equal Value

If the purchase price of the replacement home is equal to or greater than the sale price of the listed home, the listing brokerage commission is 100% waived/free under the terms of this program.

Downsizing Purchase — Lower Value

If the replacement home purchase price is lower than the sale price of the listed home, the client is responsible only for a 3% commission, plus applicable NM GRT, on the difference between the two property prices.

Closing Priority & Escrow Settlement Rules

Standard brokerage compensation of 3% plus applicable NM GRT is collected at closing on whichever transaction closes first, regardless of whether the second property is pending, listed, or the client is actively searching.

When the Purchase Closes First

Brokerage compensation is collected on the purchase transaction.

When the listing subsequently closes, the listing brokerage fee is 100% waived, or adjusted to reflect only the applicable price difference in the case of a downsizing purchase.

When the Listing Closes First

Listing brokerage compensation is collected when the listing closes.

When the replacement home purchase subsequently closes, the applicable listing fee waiver or overpayment adjustment is reconciled and credited/refunded to the client on the purchase settlement statement.

30-Day Purchase Timeline

If the listing transaction closes before the replacement home purchase, the client must have a replacement home under a fully executed, binding purchase contract within 30 calendar days of the listing’s close of escrow.

If the client does not enter into a qualifying purchase contract within the 30-day period, or if the client terminates the Buyer Brokerage Agreement, the standard 3% listing brokerage fee collected at the listing closing is retained by the brokerage as earned compensation for the completed sale.

New Construction Representation

For new construction purchases, broker representation must be properly declared and registered with the builder or site sales representative upon the buyer’s initial contact or first site visit, in accordance with the builder’s applicable broker/co-op guidelines.

Failure to properly register the Bigelow Real Estate Team with the builder may make the new construction purchase ineligible for this program.

Third-Party Expenses Are Not Waived

The Buy With Us, List for Free program applies only to the applicable listing brokerage professional fee.

Sellers remain responsible for other applicable costs associated with the transaction, which may include:

• Title insurance policies;
• Escrow and settlement charges;
• Recording fees;
• Transfer taxes, if applicable;
• Applicable gross receipts taxes;
• Inspections, repairs, warranties, or other seller expenses; and
• Any cooperating buyer-broker compensation the seller independently chooses to offer in connection with the sale.

These expenses are not included in the listing brokerage fee waiver.

Non-Solicitation

This offer is not intended to solicit any property owner, seller, or buyer who is currently subject to an active exclusive representation agreement with another real estate brokerage.

Important Program Disclosure

The Buy With Us, List for Free program is subject to the terms of the applicable Listing Agreement, Buyer Brokerage Agreement, brokerage disclosures, builder requirements, and transaction-specific circumstances.

Real estate commissions and brokerage compensation are not set by law and are negotiable.

Program eligibility and final brokerage compensation will be documented in the applicable written brokerage agreements.