1. YOUR ACCEPTANCE
- Trend.RealEstate is a real estate search website. The Site is a neutral venue. WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO LISTINGS, INTERACTIONS AND TRANSACTIONS OF THE SITE USERS. All Site content remains the sole responsibility of its provider; we are not liable for any content available on or through our Site.
- Third Party Sites. The Site may contain links to third party websites that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Site will not and cannot censor or edit the content of any third-party website. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party website. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms and conditions of use, and you must comply with any terms and conditions provided by any third party network.
- Equal Housing Opportunity. We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, national origin, familial status, or people with disabilities. All staff members shall adhere to our policy which is to: Obey all applicable federal, state and local fair housing laws; refrain from discrimination regarding any application for housing on the basis of race, color, religion, sex, age, marital or familial status, national origin, physical or mental handicap (must possess capacity to enter into legal contract), creed, marital status, public assistance status and sexual orientation; and affirmatively promote fair housing.
3. INTELLECTUAL PROPERTY
- Our IP. All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
- License to Your Content. By transmitting or uploading any content to our Site, you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
- Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to email@example.com.
4. YOUR OBLIGATIONS
By using this Site, you represent, warrant and agree that:
- You are 18 years of age or older.
- You will provide valid payment method information when necessary and pay all sums due when due.
- You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
- Our Site may contain typographical errors or other inaccuracies.
- Submission of misleading listings, reviews, comments, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion.
- You will only submit true, complete and not misleading information to the Site. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions.
- Our Site content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share Site content via built-in social sharing buttons.
- You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
- You will only use the Site for legal purposes and you will remain responsible for complying with all laws and regulations applicable to your use of the Site.
- We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
- You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
- You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that violates another party’s rights of privacy and publicity.
5. REMEDIES FOR BREACH OF THESE TERMS
- Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
- USE OF THIS SITE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS PLATFORM AND ALL OF ITS CONTENT ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
- WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
8. GOVERNING LAW & ARBITRATION
These Terms and any action related thereto will be governed by the laws of California, without regard to its conflict of laws provisions that would result in application of any other law. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in San Francisco, CA. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
- Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
- Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
- Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
10. Real Estate Services Details
Trend Real Estate services include the following services, but are not limited to only these services.
- Buyer’s agent NET commission received at closing is refunded to the buyer / borrower at closing less a $5,000 flat fee and any other fees. Additional refund details are in Section 14 of these terms and conditions.
- Writing the initial offer and all counter offers from a Trend agent or Trend referred agent.
- Buyer will get a dedicated live agent to manage the transaction through closing.
- A dedicated agent will accompany buyer on home tours at agent’s discretion. Additional visits to any properties are at the agent’s discretion. Agent is not obligated to accompany or otherwise work with a buyer.
- Assisting in appraisal and inspection.
- Closing and compiling closing docs for buyers records.
- Online property search capability and agent assistance creating and managing property searches.
- Phone and online access to buyer’s Trend agent and team.
In order to allow you to view homes and their data, our MLS data providers require you to acknowledge that you’re considering Trend to become your real estate agent.
Before viewing any real estate content made available through Trend, you must acknowledge:
- You are agreeing to work in the capacity of a consumer-broker relationship with Trend as defined by applicable state law. You have no obligation to work with Trend and you can cancel your account with Trend at any time. Any information you obtain from the Trend website is intended for your personal use and cannot be redistributed or retransmitted for any commercial use.
- You will not copy, redistribute, or retransmit any of the information provided.
- You understand and acknowledge that the individual multiple listing service (MLS), supplying the property data, owns such data and you acknowledge the MLS’s copyright to such data.
- You have a bona fide interest in the purchase or sale of real estate on the Trend website.
- You understand that the information from MLS sources is deemed reliable but not guaranteed.
12. Make an Offer Tool / Service Details
Trend’s Make an Offer Tool / Service include the following services, but are not limited to only these services.
- A self-service option on trend.realestate for buyers to submit home purchase offers to a Trend agent.
- A live agent to review, submit and represent you and your offer on your behalf.
- Make and submit as many offers as a client would like to make.
- Does not necessarily include an agent with whom to tour properties.
- Offers can only be submitted by a Trend Agent or other registered partner agent. Can not be used by or with any agent not affiliated with Trend.
14. Refund(s) Details
*Final refunds MAY VARY from these examples and any refunds presented anywhere on Trend.RealEstate or it’s advertising.
a) Trend Buyer Refund
**Buyer must use Trend for the real estate purchase and close the transaction. Transactions not conducted with Trend are not applicable to any Trend refund program. This includes any sale closed by any other company other than Trend Real Estate Inc.
A predetermined fixed percentage of the buyers agent commission is refunded to a buyer who uses Trend to buy a property.
Refund is calculated on each individual property sale based on the purchase price and offered commission. The commission is a contractual agreed upon buyer’s agent commission that is multiplied by the applicable predetermined fixed percentage below:
- Final NET buyers agent commission on the transaction must be above $5,000 to qualify for a refund of the final buyers agent commission.
- Subject to the $5,000 NET commission minimum above, buyers purchasing a home with Trend after 5 or fewer home tours with a Trend agent will receive a refund of 50% of the final buyer’s agent commission.
- Subject to the $5,000 NET commission minimum above, buyers purchasing a home with Trend after more than 5 home tours with a Trend agent will receive a refund of 35% of the final buyer’s agent commission.
$900,000 purchase x 2.5% buyers agent commission = $22,500 NET commission x 50% = $11,250 refund.
Final commissions and refunds WILL vary based on the final sale price of the home and the contractual agreed upon buyer’s agent commission. The average MLS listed buyers agent (cooperating broker) commission ranges from 1% – 3%, but can be more or less depending on the contractual agreed upon buyer’s agent commission (cooperating broker) commission.
Refund is calculated by the NET buyers agent commission. Net buyers agent commission equals total FINAL buyers agent GROSS commission less any fees associated with the transaction paid by or from the buyer’s agent to the client, seller, appraiser, lender, escrow, title company or any other person or company involved with or in the transaction.
Refund is typically paid from buyers agent commission for the property sale and applied toward buyer’s closing costs. At times and when legally allowed by state and federal laws, portions or the entirety of the commission refund may be paid in cash.
Refund is never paid from FHA loan commissions.
Only one refund applies per transaction. In transactions with multiple buyers / borrowers there is only one refund given towards the final closing of the transaction. Each borrower/ buyer does NOT receive a refund.
If buyer cancels or changes the real estate services to a non Trend real estate brokerage before contract, during contract, or before close of escrow, then refund is fully voided.
15. CONTACT US
Please submit your inquiries to firstname.lastname@example.org.