Payment Terms, Refund Policy & Broker Liability Disclosure

Luna Realty - Tenant Rental Payment Agreement

Effective Date: April 16, 2026

Version: 1.0

SECTION 1: PAYMENT DESIGNATION

1.1 Payment Label

This payment is designated as "First Month's Rent Payment" for the rental property selected in your application.

1.2 Payment Application

The tenant acknowledges and agrees that this payment MAY BE APPLIED to any of the following costs as determined by the landlord and/or the executed lease agreement:

  • First month's rent
  • Last month's rent
  • Security deposit
  • Broker fee (as outlined in the Tenant Representation Agreement)
  • Application fees
  • Key deposits
  • Pet deposits
  • Any other move-in costs designated by the landlord

1.3 Final Determination

The final application of this payment shall be determined by the landlord and reflected in the executed lease agreement. The tenant will be notified in writing of how the payment has been applied prior to lease execution.

SECTION 2: REFUND POLICY

2.1 Application Denied by Landlord

If your rental application is denied by the landlord, you are eligible for a 97% refund of your payment.

  • A 3% processing fee will be retained to cover credit card processing costs, administrative expenses, and platform fees
  • Alternative Option: You may request to transfer the full payment amount to a different available rental property listed through Luna Realty, with no processing fee deduction
  • Refunds must be requested in writing to: [email protected]
  • Refunds are subject to administrative approval
  • Processing time: 7-10 business days from agreement term end date

2.2 Application Approved - Tenant Backs Out

If your application is approved by the landlord but you decide not to sign the lease or move forward, this payment is NON-REFUNDABLE.

The full payment amount will be converted to a broker fee as outlined in Clause 2 of your signed Tenant Representation Agreement.

This applies regardless of reason for backing out, including but not limited to:

  • Change of mind
  • Found alternative housing
  • Changed circumstances
  • Financial reasons
  • Any other tenant-initiated cancellation

2.3 120-Day Agreement Term

  • Per Clause 5 of your Tenant Representation Agreement, this agreement is valid for 120 days from the date you signed the agreement
  • If no lease is executed within this 120-day period AND the failure to execute is NOT due to tenant backing out, a 97% refund applies (3% processing fee retained)
  • Processing time: 7-10 business days from agreement term end date

2.4 Refund Processing Requirements

  • All refunds require a written request submitted by email to: [email protected]
  • Requests must include: full name, application ID, property address, and reason for refund
  • Refund requests are subject to administrative review and approval
  • Refunds will be processed within 7-10 business days from the agreement term end date
  • Refunds issued via original payment method through Stripe

2.5 Non-Refundable Scenarios

  • Tenant backs out after landlord approval (2.2 above)
  • Tenant provides false or misleading information on application
  • Tenant breaches any terms of this agreement or the Tenant Representation Agreement
  • Tenant fails to respond to landlord communication within required timeframes
  • Tenant fails to provide required documentation for lease execution

SECTION 3: BROKER FEE APPLICATION

3.1 When Payment Becomes Broker Fee

This payment may be designated as a broker fee under the following circumstances:

  • Tenant backs out after application approval (Section 2.2)
  • Tenant provides false, misleading, or incomplete information on the rental application
  • Landlord designates the payment as broker fee per the property listing terms
  • Tenant breaches any agreement terms or conditions
  • Tenant fails to execute lease within the 120-day agreement period without valid landlord-related cause
  • Any scenario outlined in Clause 2 of the signed Tenant Representation Agreement

3.2 Broker Fee Amount

Per your signed agreement, the broker fee equals One Month's Rent for the selected property.

3.3 Due Upon Approval

Per Clause 2 of the Tenant Representation Agreement: "This fee is due upon approval" - no lease offering is required, the fee becomes due immediately upon landlord approval of the application.

SECTION 4: BROKER LIABILITY LIMITATIONS & HOLD HARMLESS

4.1 No Guarantees

Luna Realty and its agents provide NO GUARANTEE of:

  • Rental application approval
  • Lease execution or signing
  • Landlord acceptance of tenant
  • Move-in date availability
  • Property condition or habitability
  • Accuracy of property information
  • Rental pricing or terms
  • Any specific outcome whatsoever

4.2 Informational Purposes Only

All information, statements, representations, and communications provided by Luna Realty and its agents are for informational purposes only and do not constitute:

  • Binding promises or guarantees
  • Warranties of any kind
  • Legal advice
  • Financial advice
  • Guarantees of property condition

4.3 Independent Verification Required

The tenant acknowledges and agrees that they are solely responsible for:

  • Independent verification of all property information
  • Reviewing property conditions in person
  • Obtaining independent legal counsel if desired
  • Understanding all lease terms before signing
  • Verifying landlord representations
  • Conducting due diligence on the rental property

4.4 Release from Liability

The tenant hereby releases, waives, and holds harmless Luna Realty, its agents, employees, contractors, and representatives from any and all claims, damages, losses, liabilities, or expenses arising from or related to:

  • Lease negotiations or outcomes
  • Property conditions, defects, or habitability issues
  • Landlord actions, decisions, or representations
  • Application denials or approvals
  • Payment application or allocation
  • Information accuracy or completeness
  • Statements made during the rental process (verbal or written)
  • Any services provided or not provided
  • Delays in processing or communications
  • Third-party actions or omissions
  • Any other matter related to the rental transaction

4.5 No Liability for Statements

No verbal or written statement made by Luna Realty or its agents creates any binding guarantee, warranty, or liability. The tenant may not hold the broker or agents liable for any statement, representation, or communication made during the rental process.

4.6 Limitation of Damages

To the maximum extent permitted by law, Luna Realty's total liability to the tenant shall not exceed the amount of the processing fee retained (3% of payment) in any refund scenario.

SECTION 5: AGREEMENT INTEGRATION

5.1 Incorporation by Reference

These Payment Terms are incorporated into and form part of the Tenant Representation Agreement signed by the tenant.

5.2 Consistency

These terms are consistent with and expand upon the broker fee disclosure and representation agreement previously signed.

5.3 Entire Agreement

This document, together with the Tenant Representation Agreement, constitutes the entire agreement between the parties regarding payment, refunds, and broker liability.

SECTION 6: GOVERNING LAW & DISPUTES

6.1 Governing Law

This agreement shall be governed by the laws of the Commonwealth of Massachusetts.

6.2 Dispute Resolution

Any disputes arising from this agreement shall be resolved through mediation in Suffolk County, Massachusetts before pursuing litigation.

6.3 Attorney's Fees

In the event of litigation, the prevailing party shall be entitled to reasonable attorney's fees and costs.

SECTION 7: ACKNOWLEDGEMENT

By checking the agreement box and proceeding with payment, the tenant acknowledges that they have:

  • Read and understood all sections of this Payment Terms document
  • Had the opportunity to ask questions and seek independent legal counsel
  • Reviewed and understood the Refund Policy (Section 2)
  • Acknowledged the Broker Liability Limitations (Section 4)
  • Agreed to release Luna Realty and its agents from all liability as described herein
  • Understood that this payment may be applied to various move-in costs
  • Agreed to the 120-day agreement term
  • Understood that refunds require written request to [email protected]
  • Understood that refunds are processed within 7-10 business days from agreement term end date

Contact for Questions or Refund Requests

Luna Realty

Email: [email protected]

Phone: 720-810-0005

Effective Date: April 16, 2026

Version: 1.0

Last Updated: April 16, 2026