Team Results Realty a member of Flat Fee Group - Terms of Service
Acceptance of Terms
Eligibility and Registration
You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to list your home, you will have to register with us. You agree to provide accurate and truthful information, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties.
By providing your information, you consent to us or other third parties contacting you about your interest in the Services by email, phone or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
All parts of the Services, including, but not limited to, all applications, information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, advertisements, the selection, compilation, arrangement and presentation of all materials, and the Websites, tools and all other content or materials (“Content”), are owned and copyrighted by Team Results Realty and/or third parties, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our Content without our express prior written permission is strictly prohibited. You may use the Content of the Services, but you may not alter it or change any copyrighted notices without our permission.
You may not use any of our Content, trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you unless you have our written consent and you acknowledge that you have no ownership rights in or to any of such items. You may not use your own web design skills to “frame” the Websites and pretend they are yours. You may link to the Websites, provided that you acknowledge the source and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or that violates any intellectual property, proprietary, privacy or publicity rights.
General Use of the Team Results Realty Services
Content is provided through Team Results Realty AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Team Results Realty be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
Content You Provide
By Transmitting Content to Team Results Realty, you grant, and you represent and warrant that you have the right to grant, to Team Results Realty an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute the Content, and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
How Team Results Realty May Communicate With You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in or buyers who may be interested in your home), you agree that Team Results Realty may communicate with you through the contact information associated with your Team Results Realty account, including your device ID, email, mobile number, telephone or the postal address you provided, if any. Team Results Realty has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you may make requests for home tours, real estate agent contact, help selling or buying a home, or other requests. By making those requests, you authorize Team Results Realty to share your personal information, including your home search history, favorites and saved searches, with members of our staff who are real estate professionals. When you make such a request to Team Results Realty, you are extending an express invitation for Team Results Realty, or another appropriate entity or person, to contact you.
Applicable Law/Binding Arbitration/Class Action
Please read this section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, and in accordance with the Expedited Procedures in those rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Ohio, Fairfield County. All parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the Content or technical specifications of any aspect of the Services at any time at our sole discretion. You further agree that such changes may result in your being unable to access the Services. We make no guarantees, representations or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted or without errors. Any documents, pictures or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale.The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good-faith efforts in determining that the content of all information provided to or obtained by you is accurate.
Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services or information. The content of other websites, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services or goods that may be linked to or from the Services.
Listing contract review:
By acceptance of these terms you are agreeing to terms in the following listing contract which you will also sign as part of the setup of your listing.
Exclusive Right To Sell Listing Agreement
CONSIDERATION AND TERMS OF CONTRACT: Team Results Realty hereinafter referred to as Broker, agrees to market, negotiate, schedule and show with potential buyers the property located at: _________________________________________________________. Listing date: (date we list you)___________ through end date: ________________. The property includes but is not limited to the following: all buildings, gas, oil, and mineral rights owned by seller; built-in appliances; water softener (unless rented) water pumps and pressure tanks; stationary laundry tubs; radio and television antennas and any mechanical controls; shades, shutters, window blinds, and curtain and drapery rods; attached floor coverings; attached fireplace doors and screens; garage door opener and controls; screens, storm windows and doors & other related fixtures unless noted on the listing.
SALES PRICE AND TERMS: Seller agrees to list property for SALE for $______________ If listing for rent, seller offers property for rent for: ___________ (insert monthly rent) and agrees to pay a buyer’s agent should there be one a commission of __________ (typically ½ month’s rent).
LISTING OPTIONS: CHOOSE THE ONE YOU SIGNED UP FOR
- SHOWCASE MLS Only: 6 months:________ initial
- PREMIUM Flat Fee Service: 6 months:________ initial
3. FULL SERVICE Flat Fee: until sold:_______initial
4. FULL SERVICE Convenience Plan: $299 UP FRONT WITH Balance of 1% Paid at Closing: Until sold:________ initial Smaller up-front fee with balance of fee at closing. Commission at closing to Team Results Realty is 1% of sales price or $1,000, whichever is higher minus $299. This fee applies regardless of who procures the buyer. Broker closing costs are $199 which are in addition to other fees which may be negotiated directly with the agent. This covers the cost for Accounting, Compliance and Technology (ACT).
COMMISSION: This is a variable rate commission schedule. Seller has paid a commission of (amount you paid at time of sign up) $______ at the time of listing. Seller will also pay an additional commission of ____% (this is the coop fee paid to the buyers agent) of total gross sales price to buyers Broker if buyer is procured from a buyer’s agent / Broker. Seller will be listed in the
(check which MLS applies)
Northern Ohio MLS (Cleveland Akron Area)
2 Commission is paid if, during the term of this contract (1) a licensed real estate agent sells & closes on the property, or (2) a licensed real estate agent produces a buyer who is ready, willing and able to buy the property, has a signed offer to purchase with seller. If seller refuses to close on a valid, signed offer to purchase, Realtor commission is due and owed to that agent. Seller will also pay an agent the commission if, within 30 days after this contract expires, the property was shown to someone who learned about it through Broker’s or agents efforts during the term of the contract. Seller authorizes Team Results Realty to pay this commission to any participating Broker (buyer’s agent) in the MLS. The fee is earned by the buyer agent/Broker that brings the buyer that closes on the property and will be paid at closing. All sales go through Team Results Realty (so we can report accurate data to the M.L.S.) and no other Broker may list the property during the term of the listing. The above commission will be paid to a participating Broker / agent when acting as a buyer’s Broker or transaction coordinator. If seller procures their own buyer through any efforts of their own and that buyer does not have an agent, no other commission is required beyond the up-front fee.
SERVICES PROVIDED: The seller is giving Team Results Realty the authority to enter this listing into the local MLS by Team Results Realty subject to the rules and regulations of the MLS service. Team Results Realty advises all participants in buying and selling real estate to enlist the services of a competent real estate attorney. By entering the seller’s home into the M.L.S. & Realtor.com, the prepaid commission is non refundable. Team Results Realty will make every attempt to transmit sellers listing to all websites advertised but makes no guarantees that the data will feed to any or all of them except the MLS & Realtor.com. Seller understands that upon notification of their listing in the MLS & Realtor.com, Team Results Realty has fulfilled it’s obligations to seller and there are no refunds, full or partial. Any buyer lead generated is the property of Team Results Realty. Team Results Realty has the right to bring lead / potential buyer to seller & be compensated no different than any other buyer’s agent. Seller may cancel listing at any time via email without cost. If this listing is cancelled it cannot be restarted with paying an additional fee. Team Results Realty will correct at no charge any initial input errors that may occur but will not be liable for damages resulting from such errors. It is the responsibility of seller to inform Team Results Realty in a timely manner to correct any accuracy issues with listing. Any inaccuracy of listing is sellers responsibility. No refunds due to inaccuracy. If when a fully accepted offer is signed by buyer if seller reduces above agreed upon commission to buyer’s agent on that offer, Broker has the right to cancel this listing immediately with no refund. _______ INITIAL
FULL SERVICE LISTINGS: If seller chooses full service listing options, Team Results Realty may provide assistance with arranging appointments, accepting and presenting offers, advising on offers and counter offers, negotiate for seller and assist through closing. In no way can Team Results Realty be held liable for any issues arising from interpreting terms of offers. Seller is advised to consult an attorney for legal advice on all offers.
LIMITED SERVICE LISTINGS: If seller choose limited service listing, seller is responsible for the following: providing Team Results Realty with a copy of any and all offers & counter offers & closing statement within 24 hours of receipt. Seller is also responsible to negotiate their offer, process their paperwork, order title and payoffs. This is not the job of the buyer’s agent should there be a buyer’s agent.
3SELLERS DUTIES & REPORTING OF CHANGES: The MLS rules state that we must maintain accurate data as far as reporting changes from active to “signed offer / pending, then to sold”. THIS IS YOUR RESPONSIBILITY AS SELLER, NOT THE BUYER’S AGENT OR THE TITLE COMPANY’S. IF any changes are not reported to us for us to report to the MLS, we face fines which we pass to you. Seller agrees to provide a copy of any fully signed offer between buyer / buyer’s agent & seller within 24 hours of signatures of buyer & seller. Broker may cancel the listing without refund when Seller does not report to Team Results Realty via fax or email verification of the signed sales contract within 24 hours, Team Results Realty will also charge sellers credit card a $25 fine. Seller further agrees to provide the final closing statement when property sells within 24 hours of closing. If seller does not provide Team Results Realty a copy of the closing statement within 24 hours of closing seller could be charged a $50 fine. Seller also agrees to pay any and all MLS fines associated with not providing the signed offers and closing statement in a timely manner.
NOTE: We need to maintain accurate data in the MLS or there are possible fines usually $25 to $100 for not reporting or maintaining accurate data in the mls. Sellers credit card will be charged for any MLS fines resulting from not reporting accurate data. THIS IS VERY IMPORTANT AND YOUR DUTY AS SELLER. Initial _______ INITIAL
SIGNS: Team Results Realty may provide the seller with a Team Results Realty’s Realtor yard sign, photo of which is on the web site. The Seller gives Team Results Realty the right to post listing information and photograph(s) on any web sites deemed suitable by Team Results Realty of and to any Internet site where the MLS appears Team Results Realty has no control over either of these. Team Results Realty signs come pre-printed with the agent phone number but the seller may cover the phone number with the seller’s phone number on sign so possible buyers can call seller direct. FSBO signs are prohibited by MLS rules.
CANCELLATION: This agreement may be cancelled at any time by seller with no refunds by a signed cancellation form or email to Team Results Realty. This agreement can also be cancelled by Broker at his discretion if seller is not in compliance with mls rules, there is an attempt to renegotiate buyer’s agency commission or any other act that may cause liability for Team Results Realty This determination can be made by Team Results Realty.
NON-DISCRIMINATION: As required by law, seller and Broker agree not to discriminate because of religion, race, color, national origin, age, sex, disability, familial status, or marital status in the sale of the property.
INDEMNIFICATION: Seller shall defend, indemnify and hold Broker, its shareholders, directors, officers, employees, agents and representatives harmless from, any and all losses, claims, damages, liabilities and costs, including without limitation commission claims, court costs, interpretation of offer terms, reasonable attorneys’ fees and MLS penalties and fines, which arise from, are related to, or are in connection with, (i) Seller’s breach of this Agreement or violation of any federal, state or local law; (ii) Seller’s provision of false, misleading, inaccurate or incomplete information, representations or warranties to Broker,
prospective buyers or buyer; or (iii) claims of third parties relating to the Listed Property, the sale thereof, and/or any compensation to be paid in connection with such sale (including, without limitation, a claim by the Cooperating Brokerage against Broker for a commission). Seller also accepts any liability for any potential misrepresentation as to the condition and square footage measurement of the home. Seller accepts any responsibility to pay buyers agent commission should it be found that subsequent to closing, a buyer was procured by buyers agent. Seller will require the buyer to obtain a copy of their lender’s appraisal or an independent appraisal and investigate all discrepancies between that number, public record and the MLS listing before taking title. If seller fails to require buyer to do this, Seller indemnifies Realtor of all liability. Seller agrees to pay commission and any fees associated with the dispute. Team Results Realty is not an expert in, and is not providing advice to seller concerning legal matters, tax, financing, surveying, structural or mechanical condition, hazardous material or engineering. Seller is encouraged to seek expert help from qualified professionals in such areas.
COMMISSION DISPUTES, (SELLERS’S DUTY TO DEFEND): In the event an aggrieved party files an arbitration claim or lawsuit against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and aid Broker in defense of any such claim or lawsuit (“Duty to Defend”). Seller further agrees that, upon commencement of such an arbitration claim or lawsuit, Broker may immediately charge $700.00 on Seller’s credit card on file with Broker in anticipation of Broker’s legal and administrative fees in responding to such a claim or lawsuit, regardless of its merits. This charge is nonrefundable. This charge is not and should not be construed as a limitation on Seller’s Duty to Defend. If Seller fails, for any reason, to fulfill its Duty to Defend, Broker may seek indemnity, contribution, and/or reimbursement from Seller for all costs incurred as a result of the claim or lawsuit, including attorney’s fees as well as recovery of all costs of collection thereof, including but not limited to attorney’s fees, collection agency fees, court costs, and expenses, less the $700 previously paid by Seller pursuant to this paragraph.
LIMITATION OF LIABILITY. In no event will Broker, its shareholders, directors, officers, employees, or agents be liable for any damages, losses, or liability, whether based on warranty, contracts, statutes, regulations, tort or any other legal theory. The Broker’s liability hereunder is limited to the Service Fee paid by Seller to Broker. If a commission was paid directly or through Broker to a Cooperating Broker, OWNER agrees to make all claims for reimbursement of said commission against the Cooperating Broker directly.
RELEASE OF LIABILITY, REPRESENTATIONS AND WARRANTIES. I (we) the undersigned agree to hold harmless & release Team Results Realty from any and all future claims resulting from; a) discrepancies in square footage and room measurements, b) any act of negligence by the seller, c) occupancy issues prior to and after closing if a buyer moved items in and/or occupied the home prior to closing, d) emotional distress resulting from any issues the buyers may have after purchasing the home, e) any other liability or issue from purchasers including any earnest money deposit issues, f) interpretation of offer terms. Seller hereby by represents to the best of their knowledge that the information provided to the Broker as to the measurements of the home and condition of the home is accurate. Seller assumes full responsibility for any inaccuracies on data provided to Broker as far as condition, square footage, lot size, acreage, interpretation of offer terms, wetland issues, easements, mold, survey and any other discrepancies that may arise from a purchase. Broker is hereby held harmless against any claims arising from the sale of the property related to the above issues. Seller If legal recourse arises out of Seller’s non-performance under this contract and the MLS Listing Contract Team Results Realty will be entitled to recover all fees and commissions, including, but not limited to, reasonable attorney’s fees and costs. I have read and understand this entire agreement; by my signature below, I agree to all of the terms of this contract in its entirety.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TEAM RESULTS REALTY, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOMELISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF HOMELISTER, AND ALL OTHER USE OF HOMELISTER, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You agree to indemnify, defend and hold Team Results Realty, our subsidiaries, affiliates, third-party vendors, directors, officers, employees and agents harmless, including costs, liabilities and legal fees, from any and all claims or demands made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; (iii) the content you submit to the Services; or (iv) any breach by you or your affiliates, employees, agents and representatives of the Terms of Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Refunds Policy: Once your purchase is made through our Website we begin processing your order, shipping materials, providing disclosures and documents required by the state of Ohio and begin Market Analysis and work on your listing. Any refund request need to be made before Team Results Realty begins processing your order. Once your order begins processing there shall be no refunds issued. Processing your order means (Shipping signs and lockboxes, Processing Photos, Processing Documents, Preparing a Market Analysis and other real estate related services) Once any of these activities have begun there shall be no refund issued.
You release Team Results Realty, its affiliates and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services
Before you may view pictures and prices of sold homes or read comments on active listings, our multiple listing service (“MLS”) data providers require you to acknowledge that you are considering Team Results Realty as your real estate agent. You have no obligation to work with Team Results Realty or to buy or sell a home. You can choose to work with Team Results Realty or not. You acknowledge and agree that: (a) you are entering into a consumer-broker relationship with Team Results Realty as defined by applicable state law and that you have no obligation to work with Team Results Realty, and you may terminate your account with Team Results Realty at any time; (b) you have a bona fide interest in the purchase, sale or lease of real estate on the Team Results Realty Website; (c) you will not copy, redistribute or retransmit any of the information provided except in connection with your consideration of the purchase or sale of an individual property; (d) you acknowledge that the individual MLS which supplies the listing data owns such data, and you acknowledge the validity of the MLS’s copyright to such data; (e) Team Results Realty also explicitly authorizes MLS employees, MLS members or their duly authorized representatives to access Team Results Realty’s Website for the purpose of verifying compliance with MLS rules and monitoring the display of listings posted by users of Team Results Realty.