HomeOwnersRealty.com provides this website and the Flat Fee MLS Listing Services offered on it (collectively, the “Services”) under the following Terms of use (the “Terms”). You agree that your use of the the Services are exclusively governed by these Terms of use which cannot be modified by you. The terms of your particular listing agreement and/or state laws will ultimately supersede our Terms of use.
By accessing and using the Services, you acknowledge that you have read and understand the Terms of use and that you agree to be bound by them, without limitation or qualification and that no signatures are required to implement them. As used on this website, the terms “We”, “Us”, “Agency”, “Broker” or “Our” refer to HomeOwnersRealty.com, while “You”, “Your” “Sellers” or “Owners” refers to users who access this website. We reserves the right to amend or change the Terms of use from time to time without notice. If you have questions about the Terms of use, please Contact Us.
1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS. (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. (C) THE RESULTS FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. (D) THE ACCURACY, RELIABILITY OR QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
2. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL HomeOwnersRealty.com, IT’S AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
3. REFUND OF PURCHASE
If you wish to cancel your order after it’s been placed, but BEFORE the listing is entered on the MLS by our listing broker, please Contact Us and you will receive a refund of the listing fee (minus a $10 credit card processing fee). After 30 days OR after your listing has been completed on the MLS there are NO Refunds for any reason.
4. TERMINATION OF LISTING
a) Sellers Termination: Sellers may cancel this contract at any time under the following conditions: 1) Sellers cancellation request must be in writing and is to include all signatures of all parties to this contractual agreement and or any third party contractual agreement the Sellers are bound by hereto. A termination must include a release / hold harmless to any and all including any future claims whatsoever from HomeOwnersRealty.com, its corporate owner Home Owners Realty, Inc., and its Listing Broker. 2) Sellers cannot cancel this contract when an offer has been presented and the Sellers have not replied in writing to the party making the offer. 3) Sellers may not cancel this contract if the property is under contract (Sales Agreement). Sellers must first reject any offers and or be released from any Sales Agreements before the listing can be cancelled. 4) Any outstanding fees or fines must be paid in full. 5) Sellers acknowledge that the listing will not be released and will be placed on a temporary off the market status and the listing period will be extended by HomeOwnersRealty.com, its corporate owner Home Owners Realty, Inc., and Listing Broker until any and all claims, disputes, litigation, arbitration proceedings and any awards relating to the sale of the property in this contract are accepted by HomeOwnersRealty.com, Home Owners Realty Inc., and it’s Listing Broker. 5) All accepted cancellations are final, any listing period remaining is forfeited upon cancellation.
b) Brokers Termination: At any time during the listing period HomeOwnersRealty.com, its corporate owner Home Owners Realty, Inc. and or Listing Broker may terminate at their discretion without refund. Termination may include but may not be limited to: Sellers negligence, subjecting broker to possible MLS fines, legal expenses and or for referring vendor non‐payment, MLS account closure (if any).
5. CHANGES TO YOUR LISTING
You should contact your assigned broker for all changes to your MLS listing. Changes to your MLS Listing must be completed online using our Client Support Center
6. WEBSITE CONTENT
All content on this website was created by HomeOwnersRealty.com and is copyright protected. All images displayed on our website have either been created for us, are free for commercial use, or have been purchased in accordance with federal copyright laws and are licensed for commercial use. If you believe an image of yours was used on our website without permission, please Contact Us with the details and we’ll promptly resolve it.
7. LISTING DATA & THIRD PARTY WEBSITES: The Multiple Listing Service (referred to as the MLS) is an online database of property listings only available to licensed real estate persons. Our broker will create and maintain your property listing on the MLS (the source of the listing data) based on information you submit, however certain data from public records that is automatically populated when creating a listing will take priority over any seller submitted data. The MLS makes property listing data available to third party syndication services (ex. Realtor.com, Zillow, and Trulia) for the purpose of marketing homes online to the general public. Neither the MLS nor our brokers can guarantee the performance or accuracy of any third party website. Because third party websites operate independently and may change, be added, or be removed from time to time, we can not guarantee any property will be listed on any third party website.
8. MISCELLANEOUS
We are not responsible for your actions or omissions, and you will defend, indemnify and hold us and our affiliates harmless from and against any and all claims, liabilities, damages and actions arising from any of your acts or omissions, whether in connection with this agreement or otherwise. This agreement is the entire agreement between us and merges all prior and contemporaneous communications. If any provision of this agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and conditions and shall not affect the validity and enforceability of any remaining provisions. You agree that you are not relying on any representations not expressly contained in this Agreement. This Agreement is governed by the laws of the state of Illinois, with venue for any disputes or claims being exclusively in Illinois, United States. If we employ attorneys to enforce any rights arising out of or relating to this agreement, we shall be entitled to recover attorney fees and costs. This agreement is binding on you when you have typed your name as indicated and submitted your order to us. The listing contract may only be amended by a writing signed by both parties. No waiver of any provision of this agreement constitutes a waiver of any prior, concurrent or subsequent provision hereof. For purposes of this agreement, the term “affiliates” includes Our Broker Partners or any entities that control, are controlled by or are under common control with our website.
PRIVACY POLICY Registration & Purchases: We do not require You to register to use the Services, however during the purchase process We request certain personally identifiable information from You on Our order form. You must provide contact information (such as name and billing address), however payment information (such as credit card number, expiration date) is not kept on file, instead it is processed securely and privately through a 3rd party credit card vendor. We may use Your contact information in the future to offer updates or services to You, and You agree to give Us permission to do so.
Do Not Call List:
Your personal information is strictly confidential. By submitting any of your contact information through our website, you are consenting that we, and authorized representatives, may contact you even if your name is on the Local or Federal “Do not call” List. You authorize us to use your contact information, in any way deemed reasonable, to allow the public to contact you.
Uses of Information:
Any information shared with us during the purchase of your listing is owned solely by you. We will never share any personal or confidential information you provided to us with any 3rd parties except our broker partners and affiliates, who will need to contact you to setup your listing. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process.
FAIR HOUSING POLICY All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination.” We will not knowingly accept or permit any advertisement for real estate that is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.
Laws That Protect You
444 Civil Rights Act of 1866. The federal Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
Civil Rights Act of 1968 and 1988 Amendment. In leasing or selling residential property, the Civil Rights Act of 1968 expands the definition of discrimination to include not only race, but also national origin, color, and religion. The Fair Housing Amendments Act of 1988 further broadens the definition to include age, sex, and handicapped status.
Fair Housing Act. The federal Fair Housing Act of 1988 and Title VIII of the Civil Rights Act of 1968 constitute the Fair Housing Act. The Act makes fair housing a national policy throughout the U.S. It prohibits discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable because of race, color, religion, sex, disability, familial status or national origin.
Americans with Disabilities Act. Title III of the federal Americans with Disabilities Act prohibits discrimination against persons with disabilities in commercial facilities and places of public accommodation.
Equal Credit Opportunity Act. The federal Equal Credit Opportunity Act makes it unlawful to discriminate against anyone on a credit application due to race, color, religion, national origin, sex, marital status, age or because all or part of an applicant’s income comes from any public assistance program.
Home Sellers Responsibilities
As a home seller or landlord, you are obligated not to discriminate in the sale, rental or financing of your property on the basis of race, color, religion, sex, disability, familial status or national origin. Also, you cannot do so through your licensed broker or salesperson, who is also bound by anti-discrimination laws. You may not set any discriminatory terms or conditions in a purchase contract or a lease. Additionally, you may not deny that housing is available or advertise a property’s availability only to persons of a certain race, color, religion, sex, disability, familial status or national origin.
Real Estate Professionals Responsibilities
Real Estate agents, mortgage brokers and loan officers in a real estate transaction may not discriminate on the basis of race, color, religion, sex, disability, familial status or national origin. Equally as important, they may not follow such instructions from a home seller or landlord.
Home Buyers Responsibilities
As a home buyer, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin.
Filing Complaints
Discrimination complaints about housing may be filed with the nearest office of the U.S. Dept. of Housing and Urban Development (HUD) or by calling HUD’s telephone numbers, (202)708-1112 (Voice) or (202)708-1455 (TTY). Or contact HUD on the Internet at http://www.hud.gov/offices/fheo/index.cfm.
