Regulations For The Realtor.com Only Package
The Regulations are incorporated into the Realtor.com Only agreement and are agreed upon by the signing of the attached agreement.
Important information regarding your listing.
$99 Realtor.com Only Package Includes:
A. Realtor.com Listing
B. Contract Forms
C. Craigslist Posting
D. Disclosure Forms
E. Inquiries Forwarded To Seller
F. Listhub Distribution
G. Online Data Entry
H. Online Forms
I. Property Information Flyers
J. Property Webpage
K. Realtor.com Banner Text
L. Realtor.com Custom Remarks
M. Realtor.com Showcase Enhancement
N. Realtor.com Special Message
O. Video Tour
P. Up to 25 Photos (provided by seller)
Here are important requirements regarding your listing:
You acknowledge that Broker is governed by various federal, state regulations, therefore:
You agree to provide Broker the following in a timely fashion:
Upon Signing a Contract:
1. Notify Home Discovery within 24 hours of your real estate going under contract.
Here is specific information regarding your listing:
General: The Broker is authorized to enter the property in Realtor.com via a MLS of Broker‘s Choice, and the internet and to disseminate information and data about the listing of the property.
Photos: Broker is further authorized to have picture (s) of the property reproduced, published and disseminated in any format including, but not limited to, a picture book, newspaper, periodical, photo listing or pictorial display and any other similar or related use to aid in the sale of the property. At least one curb view photo is required from seller for entry.
Information: Unless otherwise provided by law or the Seller consents in writing herein or elsewhere to the release of the information, the Broker and the Sales Associate shall maintain the confidentiality of all personal and financial information and other matters identified as confidential by the Seller.
Representation: The Seller acknowledges that the Broker acts on behalf of the Seller as the Seller’s representatives in a limited service representative capacity.
Limited Service Representative: Owner and Broker agree that Broker will be acting as an independent contractor and will be representing Owner in the capacity of a limited service representative as defined in Section 54.1-2130 of the Code of Virginia, and will not be acting as a standard agent as defined in Section 54.1-2130. As a limited service representative, Broker's obligations will be set forth in this Agreement. The Broker will only be conducting marketing activities on behalf of the seller listed in the brokerage agreement. The Broker will not be assisting in the drafting and negotiating of offers, counteroffers, amendments, establishing strategies for accomplishing the seller's objectives . By entering into this Agreement, Owner acknowledges its informed consent to the limited service representation by Broker and further acknowledges that neither the other party to any transaction nor any real estate licensee representing the other party (Buyer Agent) is under any legal obligation to assist Owner with the performance of any duties and responsibilities of Owner not performed by Broker.
Regulations: Seller acknowledges that Broker is bound by and subject to the regulations, bylaws, policies and procedures of Realtor.com.
Short Sales/Foreclosures: Seller shall disclose to the Broker if property is a short sale/foreclosure. All contracts with a short sale or foreclosure will require the following statement that the “contract is subject to third party approval (Bank Name)”.
Sales Contract: In the event of sale, Seller will execute a sales contract enforceable in the state in which the property is located .
Payment Terms: The Realtor.com Only Fee is paid to Home Discovery REALTORS and is a fee (not a commission) to enter the Property information into Realtor.com when ordered.
Listing Price: Seller acknowledges sole responsibility for determining the Listing Price and Selling price of the property.
Liability: In consideration of the use of Broker’s services and facilities, the Seller and Seller’s heirs and assigns hereby release the Broker, except for malfeasance on the part of such parties, from any liability to the Seller for vandalism, theft or damage of any nature whatsoever to the Property or its contents during the term of this Agreement. The Seller waives any and all rights, claims and causes of action against them and holds them harmless for any property damage or personal injury arising from the use or access to the Property by any person during the term of this Agreement except for malfeasance in the part of such parties.
Condominium/Cooperative/Homeowners Association: Seller represents and stipulates that Seller will comply with any state laws regarding Condominium, Cooperative or Homeowners Associations, and that if applicable, accepts the responsibility for securing and furnishing any required documents to prospective buyer (s) as prescribed by law. Seller agrees to execute any and all appropriate forms required by the Homeowners/Condominium Association in order to expedite transfer.
Property Condition Disclosure: Seller is advised that under state laws, Buyer is entitled to receive from Seller a written residential property condition disclosure statement on a form provided by the state Real Estate Commission. Seller must deliver the completed disclosure statement to the Buyer on or before the Buyers entering into a contract of sale (offer to purchase).
Sewer and Water: If the property is on septic and/or individual sewage, at time of settlement, Seller must provide certification that the system is in working order for normal use. If a well, Seller must provide certification from a State-Licensed laboratory that the well water is potable.
Hazardous Materials: There are many hazardous materials including radon that could affect the sale of the property. Seller or a prospective Buyer may desire to employ an expert to inspect the property for the presence of radon or other hazardous materials and separate reports and addendums may be incorporated by the parties.
Settlement Fees and Costs: Seller is aware that under federal law (RESPA), Buyer is entitled to select the title insurance company, settlement or escrow company or title attorney.
Lead Paint: Under federal regulations, for all properties constructed prior to 1978, Seller must disclose to Buyer known lead paint hazards; give Buyer Copies of reports available to Seller from tests for lead paint; give Buyer an EPA pamphlet about protecting families from lead in homes; and give Buyer a contingency period to inspect for lead up to ten(10) days.
Fair Housing Laws: This property shall be shown and made available without regard to race, color, religion, sex, handicap, familial status or national origin as well as all classes protected by the laws of the United States, and as applicable, the Commonwealth of Virginia, and applicable local jurisdictions.
Property: Seller retains full responsibility for the Property, including all utilities, maintenance, physical security and liability during the term of the Agreement unless otherwise agreed to in writing.
Withdrawn/Early Release: Seller may withdraw this Realtor.com listing from active marketing at any time with a written notice to Broker signed by all legal owners. There are no refunds after Realtor.com entry.
Broker Withdrawal: Broker reserves the unilateral right to withdraw the Realtor.com listing at anytime if Seller refuses to comply with these regulations.
Indemnification: Seller shall indemnify, defend and hold Broker harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses( including reasonable attorney’s fees) arising out of any misrepresentation, nondisclosure or concealment by Seller in connection with the sale of the Property, including, without limitation, the inaccuracy or incompleteness of any information provided by Seller.
Overview: You are advised and acknowledge that Broker is not providing advice or information on matters regarding legal, financing, engineering, tax, structural/mechanical condition, hazardous materials or surveys. You are advised to seek independent and expert help regarding these matters from professionals in these areas.
Realtor.com Restrictions: Remarks violating Fair Housing laws are not allowed.
Limitation of Liability: In no event shall Home Discovery REALTORS or it’s Broker or employees be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or any other kind of loss, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the products, services or any other terms of this Agreement.
Applicable Law and Venue: These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, applicable to agreements made entirely to be performed within the Commonwealth of Virginia, without resort to its conflict of law provisions.