Terms and Conditions

Service agreement for Flat Fee MLS, Seller Coaching, and Discount Full Service packages provided by Realty Net LLC.

Effective Date: January 2, 2024

By checking the box during the order process, you (the "Seller") acknowledge and agree to these Terms and Conditions for the Flat Fee MLS, Seller Coaching, and Discount Full Service packages provided by Realty Net, LLC ("Broker"). Please read these terms carefully before purchasing any services.

1 Services Provided

a. Flat Fee MLS Listing Service:

  • Listing of Seller's property on the Multiple Listing Service (MLS) for a flat fee
  • Duration of listing and specific services included depend on the selected package
  • Inclusion of property details and photographs as provided by Seller
  • Basic compliance review of listing content
  • Syndication to major real estate websites (Zillow, Realtor.com, etc.)

b. Seller Coaching Service:

  • MLS listing with full syndication
  • Consultation and advice regarding the sale process
  • Assistance with pricing strategy and market analysis
  • Review and advice on offers received
  • Negotiation coaching and strategy guidance
  • Phone and email coaching access throughout your sale
  • Specific services depend on the selected package

c. Discount Full Service:

  • Full broker representation from listing to closing
  • MLS listing with syndication to 100+ websites
  • Professional marketing and photography coordination
  • ShowingTime appointment scheduling
  • All contracts, disclosures, and paperwork
  • Offer writing, review, and professional negotiations
  • Escrow, inspection, and closing coordination
  • Specific services depend on the selected package

2 Buyer's Agent Commission (BAC) Advisory

Important Notice: As of August 17, 2024, due to changes resulting from the NAR settlement, buyer's agent compensation is no longer displayed on MLS listings. The decision to offer compensation to a buyer's agent, and the amount thereof, is entirely at the Seller's discretion.

Key points to understand:

  • Most real estate agents working with buyers are compensated on a commission basis
  • Offering compensation to buyer's agents may increase showing activity and interest in your listing
  • Compensation can be offered directly to buyer's agents outside of the MLS
  • Traditionally, buyer's agent compensation has ranged between 2% and 3%
  • You may also receive offers where the buyer requests you contribute to their agent's compensation

3 Limited Representation

Seller acknowledges that the services provided under Flat Fee MLS and Seller Coaching packages constitute limited representation. The Broker will not provide full-service real estate brokerage services under these packages.

Under limited representation:

  • Broker will enter your listing into the MLS system
  • Broker will forward inquiries and showing requests to you
  • Seller is responsible for showing the property and negotiating directly with buyers or their agents
  • Additional services are available for purchase as needed

Note: Discount Full Service packages provide full broker representation, not limited representation.

4 Seller's Responsibilities

As the Seller, you agree to:

  • Provide accurate and truthful property information
  • Complete and submit all required disclosure forms
  • Comply with all applicable federal, state, and local laws and regulations
  • Be available to respond to inquiries and show the property (Flat Fee MLS and Seller Coaching)
  • Review and understand all offers and documents related to the property sale
  • Maintain adequate homeowner's insurance during the listing period
  • Notify Broker of any material changes to the property or its condition

5 Listing Duration and Renewal

Listing Duration:

The duration of your MLS listing depends on the package selected. Flat Fee MLS packages range from 1 to 12 months. Seller Coaching packages range from 3 to 12 months. Discount Full Service listings remain active until sold.

Your listing will automatically expire at the end of the listing period unless renewed (except Discount Full Service).

Renewal:

  • Renewal notices will be sent via email 30 days before expiration
  • Renewal fees vary by package and current pricing
  • Renewal is not automatic; Seller must affirmatively request renewal
  • Expired listings will be removed from the MLS within 24-48 hours

6 Cancellation and Withdrawal Policy

All Sales Are Final: All fees paid to Realty Net LLC are non-refundable. No refunds, credits, or exchanges will be provided once payment is processed, regardless of whether the listing has gone live on the MLS.

Listing Withdrawal:

  • You may request withdrawal of your listing at any time at no additional charge
  • Withdrawal requests must be submitted in writing via email or our online form
  • Listings will be removed from the MLS within 24-48 business hours of receiving the request
  • Withdrawing your listing does not entitle you to any refund of fees paid

Status Changes:

You may change your listing status (Active, Pending, Sold, Withdrawn) at any time by contacting us or using our online management tools. There is no fee for status changes.

Note: If you sell your property, you are required to notify Broker within 3 business days so the listing can be updated to "Sold" status as required by MLS rules.

7 Photo and Content License

By submitting photos, descriptions, and other content for your listing, you grant Realty Net LLC:

  • A non-exclusive, royalty-free license to use, display, and distribute the content for marketing purposes
  • The right to syndicate content to MLS systems and third-party real estate websites
  • Permission to use the content in promotional materials, case studies, and testimonials (property address may be anonymized)

Seller Representations:

You represent and warrant that:

  • You own or have the rights to all photos and content submitted
  • The content does not infringe on any third-party copyrights or intellectual property rights
  • You have obtained necessary permissions from photographers or content creators
  • The content accurately represents the property

This license terminates upon written request after the listing is sold or withdrawn, except for content already distributed to third parties or used in marketing materials.

8 Communication Consent

By purchasing services from Realty Net LLC, you consent to receive communications regarding your listing and our services via:

  • Email: Listing updates, showing requests, offers, status changes, and service notifications
  • Phone: Time-sensitive communications, showing requests, and offer notifications
  • SMS/Text: Showing requests, urgent updates, and listing notifications (if you opt in)

Marketing Communications:

You may also receive occasional marketing communications about:

  • Additional services that may benefit your listing
  • Market updates and tips for selling your home
  • Promotional offers and discounts

Opt-Out: You may opt out of marketing communications at any time by clicking "unsubscribe" in any email or contacting us. Transactional messages related to your active listing cannot be opted out.

9 Fees and Payment

The Seller agrees to pay the Broker fees based on the selected package:

Flat Fee MLS Packages:

  • Upfront fees range from $199 to $1,099 (one-time fee)
  • No additional fees at closing

Seller Coaching Packages:

  • Upfront fees range from $499 to $1,099
  • Plus $799 coaching fee due at closing

Discount Full Service Packages:

  • Upfront fees range from $299 to $1,099
  • Plus 0.5% to 1% listing commission at closing
  • Minimum commission amounts apply per package

Add-on services (photography, signage, lockboxes, etc.) are available at additional cost.

Payment Terms: All sales are final. Upfront fees are due at the time of order and are non-refundable under any circumstances. Closing fees (coaching fees or commission percentages) are due at the successful close of escrow. Package prices are subject to change; the price at time of purchase will be honored. We accept credit cards, debit cards, and ACH bank transfers.

10 No Guarantee of Performance

Realty Net, LLC does not guarantee the sale of the Seller's property or any specific outcome from the use of our services.

The Broker makes no representations or warranties regarding:

  • The time required to sell the property
  • The final sale price of the property
  • The number of showings or offers received
  • The actions or performance of buyer's agents or buyers
  • Market conditions or property values

11 Hold Harmless

The Seller agrees to hold Realty Net, LLC, its officers, employees, and agents harmless from any and all claims, losses, expenses, fees (including attorney fees), or liabilities of any kind arising out of or in any way related to:

  • The listing and sale of the property
  • Information provided by the Seller
  • The Seller's interactions with buyers, buyer's agents, or other parties
  • The Seller's failure to comply with applicable laws or disclosure requirements
  • Property showings and access to the property

This hold harmless provision does not apply to claims resulting from the gross negligence or willful misconduct of Realty Net, LLC.

12 Limitation of Liability

The Broker's total liability under these Terms and Conditions is limited to the amount of the fees actually paid by the Seller to the Broker.

In no event shall Realty Net, LLC be liable for any indirect, incidental, special, consequential, or punitive damages, regardless of the cause of action or the theory of liability, including but not limited to:

  • Loss of profits or revenue
  • Loss of use of property
  • Loss of anticipated savings
  • Loss of data or business information

13 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions shall be resolved as follows:

Informal Resolution:

Before initiating any formal dispute resolution process, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

Mediation:

If we cannot resolve the dispute informally, both parties agree to participate in good faith mediation before a mutually agreed-upon mediator in Oregon before pursuing any other form of dispute resolution. The costs of mediation shall be shared equally.

Jurisdiction:

Any disputes not resolved through informal resolution or mediation shall be resolved exclusively in the state or federal courts located in Oregon, and you consent to the personal jurisdiction of such courts.

14 General Provisions

Governing Law:

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

Severability:

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Waiver:

No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Realty Net LLC's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

Assignment:

Seller may not assign or transfer these Terms and Conditions without the prior written consent of Realty Net LLC. Realty Net LLC may assign these Terms and Conditions to a successor entity or in connection with a merger or acquisition.

Entire Agreement:

These Terms and Conditions, together with the listing agreement and any package-specific terms, constitute the entire agreement between you and Realty Net LLC regarding the services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

Force Majeure:

Realty Net LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, MLS system outages, or internet service interruptions.

Online Acknowledgment

By checking the box to agree to these Terms and Conditions during the order process, the Seller acknowledges they have read, understood, and agree to all the terms herein. This electronic acceptance constitutes a valid and binding agreement.

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