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Terms of Use
These Terms of Use (the "Agreement") govern the use of the LISTnSAVE.com a web site (the "Site") owned and operated by Team VanOosting. By registering to use the Site you, the user, agree to these Terms of Use.
TERMS OF USE
1. You represent that you are an individual interested in purchasing or selling real estate on your own behalf. You may not use the Site for the purpose of acting as an agent to any third party. You represent that all information provided by you to LISTnSAVE.com and Team VanOosting will be answered truthfully and to the best of your knowledge.
2. Team VanOosting is a husband and wife team that is currently licensed individually to do business only in California. If your inquiry is for property outside of California, Team VanOosting will forward your request to one its strategic affiliates who are licensed in your state. Listings fees and rebates may vary depending on the affiliate.
3. This agreement creates an agency relationship between Ning & Richard VanOosting and Coldwell Banker Alliance Realty and you. This agency relationship shall be non-exclusive, until such time as you enter into a written listing agreement or exclusive agency agreement with Coldwell Banker Alliance Realty. You represent that you have not entered into any agreement with any real estate agent or agency that would prevent you from entering into this agreement with Team VanOosting and Coldwell Banker Alliance Realty.
4. Before working with Team VanOosting or any real estate agent, you should understand the duties of a real estate agent. You acknowledge that you have read and understood the Agency Disclosure information, found below, and that at the time of entering into any listing contract or submitting an offer to purchase, you will receive and acknowledging receipt of the mandated "Disclosure Regarding Real Estate Agency Relationships" You recognize that Team VanOosting is working simultaneously for a number of other clients and could show homes that may be of interest to you to other clients.
5. BUYERS:
a. As a buyer, you may use the Site to search the property listings without entering into an exclusive agency agreement with Team VanOosting. However, prior to showing you any properties, Team VanOosting will require you to enter into a written, exclusive buyer/broker agreement with Team VanOosting & Coldwell Banker Alliance Realty.
b. Many of the homes that are shown on the Site as available for sale are listings of other real estate brokerage firms and shall not be construed to be advertising of other broker's properties.
c. As a buyer, you may be entitled to a rebate when purchasing property through Team VanOosting, as described on the Site. In order to protect your qualification for a rebate from Team VanOosting, when visiting open houses, new housing tracks or calling other brokers, you should always mention that you are represented by Team VanOosting. The rebate described on the Site is 1/3 of our commission based on a traditional 3% agency fee agreement to the buyer's agent. To the extent the agency fee agreement is less than 3% to the buyer's agent, the rebate will be 1/3 of the commission received, subject to a 1.5% minimum commission to Team VanOosting & Coldwell Banker Alliance Realty. There will be no rebates on purchase prices less than $100,000. The maximum rebate on purchases between $100,000 and $125,000 will be $500. The rebate does not apply where it is prohibited by law or by a lender. All transactions are subject to a $250 escrow transaction coordination fee.
d. You agree to indemnify and hold harmless Team VanOosting & Coldwell Banker Alliance Realty from claims from other real estate brokers who claim to have represented you in any transaction conducted through Team VanOosting.
6. SELLERS:
In order to list a property with Team VanOosting, you will be required to enter into a written listing agreement with Team VanOosting & Coldwell Banker Alliance Realty. If your property is currently listed with another agent or broker, your use of the Site is not intended to be a solicitation of your listing.
7. Registration data and certain other information about you is kept private for our internal use and the use of our affiliates.
8. You agree that any electronically generated or printed messages sent to you from Team VanOosting, whether in the form of general correspondence or property listings requested by you, are to be used solely by you in buying or selling a home.
9. This Site is controlled and operated by Team VanOosting. at 15025 E. Whittier Blvd, Whittier, CA 90603, telephone (562) 789-5265. All content on the Site may be protected by copyrights, including property rights which are owned by third party content providers, merchants, that have licensed their content or the right to market their products and/or services to Team VanOosting.
10. You understand that Team VanOosting is providing this site and all of its contents as a service and all information is offered "AS IS" basis without any warranty of any kind. No warranty as to the hosting server of this site is error free. You agree that use of the Site is at your sole risk. Team VanOosting does not warrant or make any representations regarding the results that may be obtained from the use of this Site, or as to the reliability, accuracy or currency of any information, content, service, property and/or merchandise acquired pursuant to your use of this Site. You assume the entire cost of all necessary servicing, repair or correction of your system.
11. You acknowledge that any hyperlinks to web sites operated by parties other than Team VanOosting are provided for your reference only. Team VanOosting is not responsible for the contents of any other web site.
12. This agreement will commence when you select the "I Accept" button on the registration page. This Agreement will continue for a period of ninety (90) days and shall automatically renew for successive ninety (90) day periods unless terminated during the term. Either party may terminate this agreement upon providing a 7-day written notice to the other party.
WHEN YOU ENTER INTO AGREEMENT WITH A REAL ESTATE AGENT YOU HAVE CERTAIN RELATIONSHIP RIGHTS.
AGENCY DISCLOSURE INFORMATION SUMMARY:
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of sub agency from the listing broker. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties, but must disclose to the buyer any material information known to the agent.
IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties, but must disclose to the buyer any material information known to the agent.
IF THE BROKER ACTS AS A DUAL AGENT IN CALIFORNIA:
In dual agency, the broker represents both buyer and seller in the same transaction. In the real estate industry, even if one salesperson in an office is working with a buyer and another salesperson in the same office is working with the seller, the broker of the real estate firm is considered a dual agent.
A broker who acts as a dual agent in a transaction:
(a) shall treat all parties honestly; and shall act in good faith.
(b) may not disclose that the owner will accept a price less than the asking price or that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing.
(c) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by State or Federal law or a court order or if the information materially relates to the condition of the property.
E-MAIL US TO RECEIVE A COMPLETE COPY OF THE MANDATED "DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS" TO REVIEW.
