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These Terms of Use (the "Agreement") govern the use of the OCPremierHomes.com web site (the "Site"). By reading the information within this Site you, the user, agree to these Terms of Use.
TERMS OF USE
1. You represent that you are 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, or for any unlawful purpose. You represent that all information provided by you will be truthful and to the best of your knowledge.
2. We are licensed real estate agents and Realtors and do business only in California. This Site should not be construed to be a solicitation of business in states where we are not licensed.
3. This agreement creates an agency relationship between Evergreen 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 Evergreen Realty and us as your Realtors. You represent that you have not entered into any agreement or informal arrangement with a real estate agent or agency that would prevent you from entering into this agreement.
4. Before working with us or any real estate agent, you should understand the duties of a real estate agent and broker. You acknowledge that you have read and understood the Agency Disclosure information. You recognize that we are working simultaneously for a number of other clients and will show homes that may be of interest to and meet the requirements of any and/or all clients.
5. BUYERS:
- As a buyer, you may use the Site to search the property listings without entering into an exclusive agency agreement with OCPremierHomes.com. However, prior to showing you any properties, we will require you to enter into a written, exclusive agent/agency agreement with us.
- Many of the homes that are shown on the Site as available for sale are listings of other real estate brokerage firms and are shown to you based on your current housing requirements; these listings shall not be construed to be advertising of other broker's properties.
- As a buyer, you may be entitled to a rebate when purchasing property through OCpremierHomes.com, as described on the Site. In order to protect your qualification for a rebate, when visiting open houses, new housing tracks or calling other brokers, you should always mention that you are represented by us. The 1% rebate described on the Site is based on a traditional 5% to 6% agency fee agreement. To the extent the agency fee agreement is less than 5%, the rebate will be 1/3 of our commission, subject to a 1.5% minimum commission to us so the actual rebate could be less than 1% of the final sales price. There will be no rebates on purchase prices less than $200,000. The maximum rebate on purchases between $200,000 and $250,000 will be $750. Our offer is subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice. The rebate does not apply where it is prohibited by law.
- You agree to indemnify and hold harmless OCPremierHomes.com and Evergreen Realty from claims from other real estate brokers who claim to have represented you in any transaction.
6. SELLERS: In order to list a property with OCPremierHomes.com, you will be required to enter into a written listing agreement with Evergreen Realty and Ron or Jenell Abernathy. 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. We reserve the right to remove any listing that we suspect may be fraudulent or inaccurate.
7. Registration data and certain other information about you is kept private for our internal use and our affiliates.
8. You agree that any electronically generated or printed messages sent to you from OCpremierHomes.com, 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. The Site is controlled and operated by OCPremierHomes.com., telephone (949) 374-0743, and controlled by OCpremierHomes.com or by third party content providers, merchants, sponsors and licensors (collectively "Providers").
10. You acknowledge that any hyperlinks to web sites operated by parties other than OCPremierHomes.com are provided for your reference only. OCPremierHomes.com is not responsible for the contents of any other web site nor does the hyperlink imply that OCPremierHomes.com endorses the material or services on such web sites or any association with their operators.
AGENCY DISCLOSURE INFORMATION
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 subagency from the listing broker. A subagent may work in a different real estate office. 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 buyer should not tell the owner' s agent anything the buyer would not want the owner to know because an owner' s agent must disclose to the owner 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 owner should not tell a buyer' s agent anything the owner would not want the buyer to know because a buyer' s agent 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;
(b) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
(c) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
(d) 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.
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