Terms and Conditions of Use

Your use of the Site is subject to these Terms and Conditions of Use, which include the Privacy Policy ("Terms"). You must agree to these Terms before using the Site or any of the services offered through the Site (collectively, the "Service"). These Terms constitute a binding contract between Benjamin Taylor Real Estate ("we" or "us") and you ("you"). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

We suggest that you print out a copy of these Terms for your records.

1. Registration

  • Scope of Use. The purpose of this Site is to assist customers and brokers in contacting us concerning real estate rental and sales listings and other services offered through the Site. You represent that you are a prospective purchaser, seller, lessee, or lessor of real property in the geographic areas where we operate, with a bona fide interest in the purchase, sale, or lease of such real property.

  • Registration Required. You must complete the Site registration process to create an account with a username and password (the “Account”) to make full use of the Service.

  • Minimum Age. You must be eighteen (18) years of age or older to register for an Account.

  • Password and Identity. You may not share your password with anyone else. Any use of the Service through your Account will be deemed as being used by you. We are entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.

  • Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, TELEPHONE CALLS, AND/OR FAXES FROM US. You must always provide accurate, current, and complete information for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.

  • Broker Restrictions. Any real estate broker, salesperson, agent, or similar state-licensed real estate professional ("Real Estate Agent") who uses any Content for its customer must first enter into a co-brokerage agreement with us. We reserve the right to deny or terminate access to any Real Estate Agent except when the agent is accessing the Site for the purposes outlined in these Terms. No person, including any Real Estate Agent, may market or make commercial use of the Content, including advertising property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Site.

  • Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms, you acknowledge that you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive, and you are not obligated to work with us.

  • Market Area. The market area served by the Site includes [Insert Relevant Market Areas].

  • No Affiliation With Other Real Estate Agents. You agree that you have not signed any agreement with another Real Estate Agent that would prevent you from using us as your agent. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify us immediately in the event you enter into a listing agreement with a Real Estate Agent.

  • Outreach to Sellers Prohibited. You agree not to contact the owner or seller of any property from information gained through the Site. You will not attempt to enter the property or speak with an owner or seller without an appointment set by us.

  • We Represent Multiple Buyers. You acknowledge and agree that we may also represent other prospective buyers seeking to purchase the same properties that meet your criteria.

  • Authorization to Review Documents. You hereby authorize us to review and provide you with copies of various documents related to any potential real estate transaction, including but not limited to home inspection reports and closing papers.

2. Posting Content on the Site

  • Content Protected by Intellectual Property Rights. Any content available through the Site, including applications, software, text, audio, video, photos, graphics, and other works of authorship (collectively, "Content"), is protected by intellectual property rights. All right, title, and interest in and to the Site and any Content will remain the exclusive property of us and our licensors.

  • Your Warranties Regarding Your Content. You may post or submit Content to the Site, including comments or feedback regarding property listings or the Service. By submitting Content, you warrant and represent that:

    • You own or have the right to use and submit the Content;

    • The Content does not infringe on any intellectual property rights, privacy, or other legal rights of any third party;

    • The Content is accurate to the best of your knowledge;

    • The Content does not include confidential or proprietary information;

    • We may use and disclose your Content without compensation to you.

  • Prohibited Content. You must not post Content that is untrue, misleading, harmful, or illegal, or that infringes on intellectual property rights or privacy.

3. Ownership of Content; License

  • Ownership of Your Content. You retain ownership of any Content you post to the Site, subject to the non-exclusive rights you grant to us under these Terms.

  • Your License to Us. By submitting Content to the Site, you grant us an irrevocable, perpetual, worldwide, royalty-free, freely transferable, sub-licensable license to use, reproduce, modify, and distribute your Content.

4. User Restrictions

  • Prohibited Conduct on the Site. You must not engage in any activity that violates local, state, national, or international laws, infringes on intellectual property rights, or interferes with the operation of the Site.

  • Personal Use Only. The Site is for personal use only. You may not reproduce, sell, or exploit any part of the Site or its Content for commercial purposes.

5. Monitoring and Protection of Content

  • No Duty to Monitor. We are not obligated to monitor or filter Content posted on the Site. However, we reserve the right to remove any Content at any time.

6. Term and Termination

  • Right to Terminate. We may terminate your access to the Site or your Account at any time if we believe you have violated these Terms. Upon termination, your access to Content you posted may be revoked.

7. Third-Party Links

The Site may contain advertisements and links to third-party websites. We are not responsible for the accuracy, legality, or content of any third-party sites. You use third-party links at your own risk.

8. Warranty and Indemnification

  • No Warranty. The Site is provided "as is" without warranties of any kind, either express or implied.

  • Use at Your Own Risk. You agree that your use of the Site and any reliance on its Content is solely at your own risk.

  • Indemnification. You agree to indemnify and hold us harmless from any claims arising out of your use of the Site, your posted Content, or your violation of these Terms.

9. Notices and Contact Information

We may send you notices via email.

10. Amendments

We reserve the right to change or update these Terms at any time without notice. Any changes will be effective immediately upon posting.

11. Miscellaneous

  • Jurisdiction; Choice of Law. These Terms are governed by the laws of the State of NEW YORK, without regard to conflicts of law principles. You submit to the exclusive jurisdiction of the state and federal courts located within [New York, NY].

  • Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the Site.

Effective: January 1, 2011.

NEW YORK CUSTOMERS: NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS. THIS IS NOT A CONTRACT

New York State Buyer and Seller Disclosure Form

New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

SELLER'S AGENT

A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT

A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interests. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.

BROKER'S AGENT

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.

DUAL AGENT

A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.

DUAL AGENT WITH DESIGNATED SALES AGENTS

If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.

New York State Buyer and Seller Disclosure Form