PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Definitions of Terms
“NestQuest Direct,” “Us,” “We,” or “Our” means NestQuest Direct, LLC, a New York Limited Liability Company.
“NestQuest Direct Agent” or “NestQuest Direct Agents” means a real-estate broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with NestQuest Direct.
“Seller” or “Home Seller” means a person who is selling or considering the sale of a property.
“Client” or “Clients” means a User/s has/have agreed to these Terms of Use.
“User” or “Users” means any person/s who accesses the Website and/or otherwise utilizes the services of NestQuest Direct.
“Website” means the NestQuest Direct Internet website (defined to include web, mobile, or otherwise) currently located at the URL address www.NestQuestDirect.com, and the Interent real-estate services operated by or on behalf of NestQuest Direct in connection with such website.
“Agent Ratings” is a feature on the Website where Clients can rate and review a NestQuest Direct Agent.
“Client Comments” consists of the Agent Ratings features on the Website.
“Client Comment Guidelines” means the rules, together with these Terms of Use, that govern the use of the Client Comments.
Terms of Use
1. Registration. To register as a Client, the User must be eighteen (18) years of age or older.
2. Use of Website. Users of the Website agree to the following:
2.1 The User must (a) provide true, accurate, and current information and (b) maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from NestQuest Direct, NestQuest Direct Agents, Partner Brokerage, or Partner Agents.
2.2 Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other than NestQuest Direct Agents or Partner Agents must immediately advise NestQuest Direct by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. At its discretion, NestQuest Direct reserves the right to deny or terminate access to any real-estate agent who is not a NestQuest Direct Agent or Partner Agent, except for the real-estate agent’s limited purpose of accessing the Website for verifying compliance with MLS rules.
2.3 The Website features Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy.
2.4 We care about the privacy of our Users. The User understands that by using the Website, it consents to the collection, use and disclosure of its personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have its personally identifiable information collected, used, transferred to and processed in the United States.
2.5 The Website may contain links to third-party websites, advertisers, services, listings, special offers, or other events or activities that are not owned or controlled by NestQuest Direct. NestQuest Direct does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If the User accesses a third party website from the NestQuest Direct Website, the User does so at its own risk, and the User understands that these Terms of Use and NestQuest Direct’s Privacy Policy do not apply to the User’s use of such sites. The User expressly relieves NestQuest Direct from any and all liability arising from the User’s use of any third-party website, service, or content. Additionally, the User’s dealings with or participation in promotions of advertisers found on the Website, including payment and delivery of goods, and any other terms (such as warranties) are solely between the User and such advertisers. The User agrees that NestQuest Direct shall not be responsible for any loss or damage of any sort relating to the User’s dealings with such advertisers.
3. Client Agreements and Representations. Client agrees to the following:
3.1 Client agrees to provide his/her own access to the World Wide Web and pay any fees associated with such access.
3.2 Client must be a prospective purchaser or seller of real property in the geographic areas where NestQuest Direct or Partner Brokerage is licensed and operating with a bona fide interest in the purchase or sale of such real property. Employees of any Multiple Listing Service (“MLS”) of which NestQuest Direct is a member, or anyone duly authorized by the MLS, may access NestQuest Direct’s website for purposes of verifying compliance with MLS rules and monitoring display of MLS participant listings.
3.3 Client represents and warrants that he/she has not signed any agreement with a real-estate broker or agent that would prevent the Client from using NestQuest Direct as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with NestQuest Direct’s representation of Client.
3.4 Client agrees to limit his or her online search to houses or properties within his or her anticipated purchase ability or price range and to the properties that meet his or her other criteria.
3.5 Client agrees that he or she will not contact the owner/seller of any property from information gained through the Website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by NestQuest Direct.
3.6 Client agrees to abide by all copyright restrictions placed on the content of the NestQuest Direct Website including, but not limited to, any material or data compilations where NestQuest Direct or others hold the copyright.
3.7 The Client agrees that NestQuest Direct may also represent other prospective buyers seeking to purchase properties that may meet Client’s criteria.
3.8 Client authorizes NestQuest Direct to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to, home inspection reports and closing papers.
3.9 Client agrees to immediately notify NestQuest Direct in the event that the Client enters into an agreement with another broker.
3.10 Client agrees to comply with NestQuest Direct’s Common Sense Client Comment Guidelines when utilizing the Client Comments.
4. Home Data. All home data provided on the Website is for the personal, sole and private, non-commercial use of the User and Client and not available for redistribution, retransmission or copying. The User and Client may not sell or use the Website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User and Client acknowledge that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User and Client acknowledge the validity of the MLS’s copyright to such data.
5. Webscraping and Other Unpermitted Uses. User may use the Website only for lawful purposes and according to these Terms of Use. User agrees not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, but not limited to, any User’s ability to engage in real-time activities through this Website; (ii) use any robot, spider, or other automatic device, process, or means to access this Website for any other purpose, including to monitor or copy any of the Website content; (iii) use any manual process to monitor or copy any of the Website content, or to engage in any other unauthorized purpose; (iv) otherwise use any device, software, or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.
6. Termination. NestQuest Direct reserves the right, for any reason, to terminate User/Client access to the Website and/or cease doing business with any person including, without limitation, any User/Client who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any NestQuest Direct Agents, Partner Agents, employees, agents, contractors or customers, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, NestQuest Direct reserves the right to refuse to do business with any person in NestQuest Direct’s discretion, consistent with local, state and federal fair housing and other laws.
7. Use of Website Content. User may download, view and print a single copy of any content on the website, solely for User’s personal and non-commercial purposes, subject to the restrictions set forth in these Terms of Use. All right, title, and interest in and to the NestQuest Direct Website and any other content appearing on the NestQuest Direct Website, will remain the exclusive property of NestQuest Direct and its licensors. Except as expressly permitted in these Terms of Use, User may not access, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the NestQuest Direct Website, or any other content appearing on the NestQuest Direct Website. User may not copy or modify the HTML code used to generate web pages on the NestQuest Direct Website.
8. Website Content. NestQuest Direct provides a variety of information and a number of features on its Website, including the Consumer Comments Features and NestQuest Direct Agent and Partner Agent profiles and comments on properties for sale, to assist Clients and Users. NestQuest Direct is merely providing Clients, Users, NestQuest Direct Agents, and Partner Agents a forum to exchange information, and in no way endorses, guarantees, or is responsible, and shall not be held liable, for the accuracy or reliability of any content posted on the Website by a Client, User, NestQuest Direct Agent, or Partner Agent. Content and opinions posted on the Website by a Client, User, NestQuest Direct Agent, or Partner Agent belong to those respective author(s) and not NestQuest Direct. Any use or reliance on any content and opinions posted on the Website or obtained by Client/User through the Website is at Client/User’s own risk.
9. Website Content Submission.
9.1 By contributing, or submitting, or otherwise providing any content, information, or materials to be posted on the Client Comments or other areas of the NestQuest Direct Website (“User Content”), Client/User warrants that Client/User is the author of such User Content and the owner of all intellectual property rights therein and relating thereto, and Client/User hereby grants NestQuest Direct a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute its User Content and/or incorporate such User Content into any form, medium or technology without compensation to Client/User. Client/User grants to NestQuest Direct perpetual electronic publishing rights for all User Content that Client/User posts on the Client Comments. In addition, Client/User warrants that all “moral rights” that Client/User may have in its User Content have been voluntarily waived by Client/User. Client/User represents and warrants that none of its User Content shall be subject to any obligation of confidence on the part of NestQuest Direct, Partner Brokerage, and their agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Client/User further represents and warrants that it (i) has the written consent of each and every identifiable natural person in its User Content to use such person’s name or likeness in the manner contemplated by the Website and these Terms of Use, and each such person has released Client/User from any liability that may arise in relation to such use; (ii) Client/User’s User Content and NestQuest Direct’s use thereof as contemplated by these Terms of Use and the Website will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights, publicity rights, or privacy rights; (iii) NestQuest Direct may exercise the rights to Client/User’s User Content granted under these Terms of Use without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise; and (iv) all Client/User’s User Content and other information that provided to us is truthful and accurate. NestQuest Direct reserves the right to change, condense or delete any content, information, or materials on the Website (including User Content) that NestQuest Direct deems, in its sole discretion, to violate the Client Comment Guidelines or any other provision of these Terms of Use.
9.2 By submitting a review on the Agent Ratings feature, Client grants NestQuest Direct the right to post the Client’s first name and first initial of Client’s last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such review.
9.3 Client/User also agrees not to post any information or content (including User Content):
that is known by Client/User to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which Client/User was compensated or granted any consideration by any third party;
that includes any information that references social security numbers, credit card numbers, driver’s license numbers, addresses, email addresses, contact information or phone numbers, except as expressly permitted in the Client Comment Guidelines; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
10. Other Rules. Client/User agrees to comply with NestQuest Direct’s Client Comment Guidelines and with all laws and regulations applicable to Client/User’s access and use of NestQuest Direct’s Website and publishing of Client/User content. Client/User may not harvest personal data (including email addresses) from the NestQuest Direct Website, and specifically Client/User may not use email addresses displayed on our sites to ask users to join or contribute to Client/User’s services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. Client/User acknowledges that NestQuest Direct has no obligation to monitor Client/User’s access to or use of the NestQuest Direct Website, but has the right to do so for the purpose of operating the NestQuest Direct Website, to ensure Client/User’s compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, Client/User may not use any automated means (such as scripts) to access the NestQuest Direct Website or collect information from it.
11. No Warranty. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT CLIENT/USER’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND NESTQUEST DIRECT, ITS SERVICE PROVIDERS, AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF OR UNINTERRUPTED ACCESS TO INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT/USER FROM NESTQUEST DIRECT OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT/USER.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NESTQUEST DIRECT NOR ANY OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO CLIENT, USER OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SERVICE AND/OR THIS WEBSITE, OR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR INABILITY TO GAIN ACCESS TO OR USE THIS SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF NESTQUEST DIRECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NESTQUEST DIRECT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Indemnity. By using the NestQuest Direct Website, Client/User agrees to indemnify, defend, and hold harmless NestQuest Direct, its NestQuest Direct Agents, officers, agents, partners, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorney’s fees) arising out of or relating to content Client/User submits, posts or transmits through the NestQuest Direct Website, including, without limitation, any User Content; Client/User’s use of or connection to the NestQuest Direct Website; Client/User’s violation or alleged violation of any portion of these Terms of Use and/or the Client Comment Guidelines; or Client/User’s violation of any rights of another.
14. Security. NestQuest Direct cares about the integrity and security of Client/User personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use Client/User’s personal information for improper purposes. Client/User acknowledges that it provides personal information at its own risk.
15. Partner Brokerage and Partner Agents. Clients and Users understand and expressly agree that neither NestQuest Direct nor NestQuest Direct Agents shall have any liability for any acts or omissions of Partner Brokerage or any Partner Agent in any respect. Clients and Users further understand and expressly agree that Partner Brokerage and/or Partner Agents are third parties and are not affiliated with or licensed or operated by NestQuest Direct.
16. Acknowledgement of Consumer-Broker Relationship. By agreeing to these Terms of Use, Client acknowledges entering into a lawful consumer-broker relationship as may be defined under state law.
17. Agreement to Terms. By agreeing to these Terms of Use, Client/User acknowledges that they have read these Terms of Use, understood these Terms of Use and agree to be bound by the terms set forth herein.
18. Digital Millennium Copyright Act procedures.
If Client/User believes that Client/User’s work has been copied in a way that constitutes copyright infringement, or Client/User’s intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
Client/User’s address, phone number, and email address so that we may contact Client/User;
A statement by Client/User that Client/User has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by Client/User, under penalty of perjury, that (a) the information in the notification is accurate, and (b) Client/User is the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
NestQuest Direct’s Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: NestQuest Direct LLC, 888c 8th Ave, New York, NY 10019
By phone: 347.765.0082
By email: NestQuest Direct@bigappllabs.com
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
19.1. Governing Law.
Client/User agrees that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive one that does not give rise to personal jurisdiction over NestQuest Direct, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Client/User agrees to submit to the personal jurisdiction of the federal and state courts in New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Client/User agrees that New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
19.2. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH CLIENT/USER CAN SEEK RELIEF FROM NESTQUEST DIRECT. For any dispute with NestQuest Direct, Client/User agrees to first contact us at nestquestdirect@bigappllabs.com and attempt to resolve the dispute with us informally. In the unlikely event that NestQuest Direct has not been able to resolve a dispute it has with Client/User after sixty (60) days, the parties each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. If Client/User is using the Website for commercial purposes, each party will be responsible for paying any filing, administrative and arbitrator fees, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If User is an individual using the Website for its personal use: (i) may require User to pay a fee for the initiation of its case, unless User applies for and successfully obtains a fee waiver; (ii) the award rendered by the arbitrator may include User’s costs of arbitration, User’s reasonable attorney’s fees, and User’s reasonable costs for expert and other witnesses; and (iii) User may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve User of its commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing NestQuest Direct from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
19.3. Class Action/Jury Trail Waiver.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. CLIENT/USER AGREES THAT, BY ENTERING INTO THESE TERMS OF USE, CLIENT/USER AND NESTQUEST DIRECT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
20. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by any Client/User, but may be assigned by NestQuest Direct without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
21. Notification Procedures. NestQuest Direct may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to any Client/User via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by NestQuest Direct in our sole discretion. NestQuest Direct reserves the right to determine the form and means of providing notifications to Clients/Users. NestQuest Direct is not responsible for any automatic filtering any Client/User or its network provider may apply to email notifications we send to the email address Client/User provides us.
22. No Waiver. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NestQuest Direct’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
23. Contact. Please contact us nestquestdirect@bigappllabs.com with any questions regarding these Terms of Use.
24. Entire Agreement/Severability. These Terms of Use, together with any amendments and any additional agreements Client/User may enter into with NestQuest Direct in connection with the Website, shall constitute the entire agreement between Client/User and NestQuest Direct concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
MLS Disclaimers:
Pennsylvania customers:
CONSUMER NOTICE
THIS IS NOT A CONTRACT
Pennsylvania law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase residential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of the tenant of the business relationships permitted by the real estate licensing and registration act. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
Exercise reasonable professional skill and care which meets the practice standards required by the Act.
Deal honestly and in good faith.
Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
Comply with Real Estate Seller Disclosure Act.
Account for escrow and deposit funds.
Disclose all conflicts of interest in a reasonably practicable period of time.
Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee’s expertise.
Keep the consumer informed about the transaction and the tasks to be completed.
Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used.
A licensee may have the following business relationships with the consumer:
Seller Agency:
Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/ landlord. Seller’s agents owe the additional duties of:
Loyalty to the seller/landlord by acting in the seller’s/landlord’s best interest.
Confidentiality, except that a licensee has a duty to reveal known material defects about the property.
Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an existing agreement.
Disclosure to other parties in the transaction that the licensee has been engaged as a seller’s agent.
A seller’s agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller’s agent. Seller’s agents may also compensate buyer’s agents and transaction licensees who do not have the same duties and obligations as seller’s agents.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information.
Buyer Agency:
Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer’s agents owe the additional duties of:
Loyalty to the buyer/tenant by acting in the buyer’s/tenant’s best interest.
Confidentiality, except that a licensee is required to disclose known material defects about the property.
Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer/tenant is subject to an existing contract.
Disclosure to other parties in the transaction that the licensee has been engaged as a buyer’s agent.
A buyer’s agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information.
Dual Agency:
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional duties of:
Taking no action that is adverse or detrimental to either party’s interest in the transaction.
Unless otherwise agree to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract.
Confidentiality, except that a licensee is required to disclose known material defects about the property.
Designated Agency:
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confidential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of:
Taking reasonable care to protect any confidential information disclosed to the licensee.
Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party’s interest in the transaction.
The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
Transaction Licensee:
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed:
The seller/landlord will accept a price less than the asking/listing price.
The buyer/tenant will pay a price greater than the price submitted in a written offer.
The seller/landlord or buyer/tenant will agree to financing terms other than those offered.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
The duration of the employment, listing agreement or contract.
The fees or commissions.
The scope of the activities or practices.
The broker’s cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings.