Definitions of Terms
“Intempus Realty” means Intempus Realty, the Internet real estate service operated by Intempus Realty, Inc., a California corporation.
“Agent” or “Real Estate Agent” means a real estate broker, salesperson, agent, associate broker, or similar state licensed real estate professional.
“Buyer” or “Home Buyer” means a person who is buying or considering purchasing a property.
“Seller” or “Home Seller” means a person who is selling or considering the sale of a property.
“Prospective Purchaser or Seller” is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.
“User” or “Users” means a person/s who is/are either a Buyer or a Seller who accesses the Website and/or otherwise utilizes the services of Intempus Realty.
“Website” means the Intempus Realty Internet website currently located at the URL address www.IntempusRealty.com
“Consumer Home Feedback” is a feature on the Intempus Realty Website where Clients can post comments about properties for sale on the Intempus Realty Website.
“Community” is a feature on the Intempus Realty Website where Clients and certain Intempus Realty Agents and employees can ask and answer questions and post comments on topics relating to residential real estate.
“Consumer Comment Features” means the Consumer Home Feedback feature together with the Community feature on the Intempus Realty Website.
1. Registration. To register as a Client, the User must be eighteen (18) years of age or older.
2. Use of Website. Users of the Intempus Realty Website agree to the following:
2.1 The User must be a prospective purchaser or seller of real property in the geographic areas where Intempus Realty is licensed and operating with a bona fide interest in the purchase or sale of such real property.
2.2 The User must (a) provide true, accurate, and current information; (b) maintain and update this information and ensure that it remains true, accurate, and current. By registering, the User consents to receive personalized emails, telephone calls and/or faxes from Intempus Realty.
2.3 Any User that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise Intempus Realty by telephone, facsimile, email or chat before that User may access any password protected material including house listing data or other data compilations. Intempus Realty reserves the right to deny or terminate access to any Real Estate Agent at its discretion.
3. Client Agreements and Representations. Intempus Realty Clients agree to the following:
3.1 Client agrees to provide his/her own access to the World Wide Web and pay any fees associated with such access.
3.2 Client represents and warrants that he/she has not signed any agreement with a real estate broker or agent that would prevent the Client from using Intempus Realty as his or her sole and exclusive agent. Client does not have a contract or agreement with any third party that would interfere with Intempus Realty’s representation of Client.
3.3 Client agrees to limit their online search to houses or properties within their anticipated purchase ability or price range and to the properties that meet their other criteria.
3.4 Client agrees that he or she will not contact the owner/seller of any property from information gained through the Website. The Client will not attempt to enter the property or speak with an owner/seller without an appointment set by Intempus Realty.
3.5 Client agrees to abide by all copyright restrictions placed on the content of the Intempus Realty Website including, but not limited to, any material or data compilations where Intempus Realty or others hold the copyright.
3.6 The Client agrees that Broker may also represent other prospective buyers seeking to purchase properties that may meet Client’s criteria.
3.7 Client authorizes Intempus Realty to review and provide copies of various documents in the transaction to the Client. This includes, but is not limited to, home inspection reports and closing papers.3.8 Client agrees to immediately notify Intempus Realty in the event that the Client enters into agreement with another broker.
4. Home Data. All home data provided is for the personal, sole and private, non-commercial use of the Client and not available for redistribution, retransmission or copying. The Client may not sell or use the Website data for any purpose, other than the purpose of attempting to evaluate houses or properties for sale or purchase. User acknowledges that the individual multiple listing service (MLS), which supplies the listing data, owns such data and User acknowledges the validity of the MLS’s copyright to such data.
5. Termination. Intempus Realty reserves the right to terminate User and/or Client access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any Intempus Realty Agent, employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, Intempus Realty reserves the right to refuse to do business with any person in Intempus Realty’s discretion, consistent with local, state and federal fair housing and other laws.
7. Website Content. Intempus Realty provides a variety of information and a number of features on its Website to assist you. The Consumer Home Feedback is a feature on the Intempus Realty Website where Clients can post comments about properties for sale. While these Client comments are available in the Consumer Home Feedback to those wishing to view them, Client comments do not reflect Intempus Realty’s opinion nor does Intempus Realty endorse or guarantee the accuracy of Client comments in any such posting. Clients should be aware that Intempus Realty does not contribute to the Client content contained in the Consumer Home Feedback, and only offers the Consumer Home Feedback as a forum for discussion among third parties.
The Community is an online community on the Intempus Realty Website where Clients and certain Intempus Realty Agents and employees can ask and answer questions or post comments on topics relating to residential real estate. While Client comments are available in the Community to those wishing to view them, Client comments do not reflect Intempus Realty’s opinion nor does Intempus Realty endorse or guarantee the accuracy of Client comments in any such Client posting.
8. Website Content Submission.
8.2 You also agree that you shall not post any information or content:
a. that is known by you to be false, inaccurate or misleading;
b. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, fair housing or false advertising);
d. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
e. for which you were compensated or granted any consideration by any third party;
f. that includes any information that references addresses, email addresses, contact information or phone numbers, except as expressly permitted in the Consumer Comment Guidelines;
g. or that contains any computer viruses, worms or other potentially damaging computer programs or files.
9. Client Opt Out. Intempus Realty Clients who do not want their properties to be linked to the Intempus Realty Consumer Home Feedback feature can opt out of having this link shown for their property by taking the following steps: Send an email and state that you do not want your listing to be eligible for Consumer Home Feedback.
11. No Warranty. Intempus Realty disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
12. Limitation of Liability. To the extent permitted by applicable law, neither Intempus Realty nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Client, User or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if Intempus Realty has been advised of the possibility of such damages.
17. Digital Millennium Copyright Act procedures.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including its location on the site;
• Your address, phone number, and email address so that we may contact you;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, under penalty of perjury, that (a) the information in the notification is accurate, and (b) you are the owner of the copyright or other intellectual property or authorized to act on behalf of the owner.
Intempus Realty’s Agent for notice of claims of copyright or other intellectual property infringement may be reached in the following ways:
By mail: Intempus Realty Inc., 2000 Powell St., Suite 300, Emeryville, CA, 94608
By phone: (408) 913-1082
By email: email@example.com
New Jersey customers:
CONSUMER INFORMATION STATEMENT ON NEW JERSEY REAL ESTATE RELATIONSHIPS
In New Jersey, real estate licensees are required to disclose how they intend to work with buyers and sellers in a real estate transaction. (In rental transactions, the terms “buyers” and “sellers” should be read as “tenants” and “landlords,” respectively.)
1. AS A SELLER’S AGENT OR SUBAGENT, I, AS A LICENSEE, REPRESENT THE SELLER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE BUYER WILL BE TOLD TO THE SELLER.
2. AS A BUYER’S AGENT, I, AS A LICENSEE, REPRESENT THE BUYER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE SELLER WILL BE TOLD TO THE BUYER.
3. AS A DISCLOSED DUAL AGENT, I, AS A LICENSEE, REPRESENT BOTH PARTIES. HOWEVER, I MAY NOT, WITHOUT EXPRESS PERMISSION, DISCLOSE THAT THE SELLER WILL ACCEPT A PRICE LESS THAN THE LISTING PRICE OR THAT THE BUYER WILL PAY A PRICE GREATER THAN THE OFFERED PRICE.
4. AS A TRANSACTION BROKER, I, AS A LICENSEE, DO NOT REPRESENT EITHER THE BUYER OR THE SELLER. ALL INFORMATION I ACQUIRE FROM ONE PARTY MAY BE TOLD TO THE OTHER PARTY.
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of business relationship you have with that licensee.
There are four business relationships: (1) seller’s agent; (2) buyer’s agent; (3) disclosed dual agent; and (4) transaction broker. Each of these relationships imposes certain legal duties and responsibilities on the licensee as well as on the seller or buyer represented. These four relationships are defined in greater detail below. Please read carefully before making your choice.
A seller’s agent WORKS ONLY FOR THE SELLER and has legal obligations, called fiduciary duties, to the seller. These include reasonable care, undivided loyalty, confidentiality and full disclosure. Seller’s agents often work with buyers, but do not represent the buyers. However, in working with buyers a seller’s agent must act honestly. In dealing with both parties, a seller’s agent may not make any misrepresentation to either party on matters material to the transaction, such as the buyer’s financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose. Seller’s agents include all persons licensed with the brokerage firm which has been authorized through a listing agreement to work as the seller’s agent. In addition, other brokerage firms may accept an offer to work with the listing broker’s firm as the seller’s agents. In such cases, those firms and all persons licensed with such firms are called “sub-agents.” Sellers who do not desire to have their property marketed through sub-agents should so inform the seller’s agent.
A buyer’s agent WORKS ONLY FOR THE BUYER. A buyer’s agent has fiduciary duties to the buyer which include reasonable care, undivided loyalty, confidentiality and full disclosure. However, in dealing with sellers a buyer’s agent must act honestly. In dealing with both parties, a buyer’s agent may not make any misrepresentations on matters material to the transaction, such as the buyer’s financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose. A buyer wishing to be represented by a buyer’s agent is advised to enter into a separate written buyer agency contract with the brokerage firm which is to work as their agent.
DISCLOSED DUAL AGENT
A disclosed dual agent WORKS FOR BOTH THE BUYER AND THE SELLER. To work as a dual agent, a firm must first obtain the informed written consent of the buyer and the seller. Therefore, before acting as a disclosed dual agent, brokerage firms must make written disclosure to both parties. Disclosed dual agency is most likely to occur when a licensee with a real estate firm working as a buyer’s agent shows the buyer properties owned by sellers for whom that firm is also working as a seller’s agent or subagent.
A real estate licensee working as a disclosed dual agent must carefully explain to each party that, in addition to working as their agent, their firm will also work as the agent for the other party. They must also explain what effect their working as a disclosed dual agent will have on the fiduciary duties their firm owes to the buyer and to the seller. When working as a disclosed dual agent, a brokerage firm must have the express permission of a party prior to disclosing confidential information to the other party. Such information includes the highest price a buyer can afford to pay and the lowest price a seller will accept and the parties’ motivation to buy or sell. Remember, a brokerage firm acting as a disclosed dual agent will not be able to put one party’s interests ahead of those of the other party and cannot advise or counsel either party on how to gain an advantage at the expense of the other party on the basis of confidential information obtained from or about the other party.
If you decide to enter into an agency relationship with a firm which is to work as a disclosed dual agent, you are advised to sign a written agreement with that firm.
The New Jersey Real Estate Licensing Law does not require licensees to work in the capacity of an “agent” when providing brokerage services. A transaction broker works with a buyer or a seller or both in the sales transaction without representing anyone. A TRANSACTION BROKER DOES NOT PROMOTE THE INTERESTS OF ONE PARTY OVER THOSE OF THE OTHER PARTY TO THE TRANSACTION. Licensees with such a firm would be required to treat all parties honestly and to act in a competent manner, but they would not be required to keep confidential any information. A transaction broker can locate qualified buyers for a seller or suitable properties for a buyer. They can then work with both parties in an effort to arrive at an agreement on the sale or rental of real estate and perform tasks to facilitate the closing of a transaction. A transaction broker primarily serves as a manager of the transaction, communicating information between the parties to assist them in arriving at a mutually acceptable agreement and in closing the transaction, but cannot advise or counsel either party on how to gain an advantage at the expense of the other party. Owners considering working with transaction brokers are advised to sign a written agreement with that firm which clearly states what services that firm will perform and how it will be paid. In addition, any transaction brokerage agreement with a seller or landlord should specifically state whether a notice on the property to be rented or sold will or will not be circulated in any or all Multiple Listing System(s) of which that firm is a member.
YOU MAY OBTAIN LEGAL ADVICE ABOUT THESE BUSINESS RELATIONSHIPS FROM YOUR OWN LAWYER.
THIS STATEMENT IS NOT A CONTRACT AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
THIS IS NOT A CONTRACT
Pennsylvania law requires real estate brokers and salespersons (licensees) to advise consumers who are seeking to sell or purchase residential or commercial real estate or tenants who are seeking to lease residential or commercial real estate where the licensee is working on behalf of the tenant of the business relationships permitted by the real estate licensing and registration act. This notice must be provided to the consumer at the first contact where a substantive discussion about real estate occurs unless an oral disclosure has been previously provided. If the oral disclosure was provided, this notice must be provided at the first meeting or the first time a property is shown to the consumer by the broker or salesperson.
Before you disclose any information to a licensee, be advised that unless you select an agency relationship the licensee is NOT REPRESENTING YOU. A business relationship of any kind will NOT be presumed but must be established between the consumer and the licensee.
Any licensee who provides you with real estate services owes you the following duties:
• Exercise reasonable professional skill and care which meets the practice standards required by the Act.
• Deal honestly and in good faith.
• Present, in a reasonably practicable period of time, all offers, counteroffers, notices, and communications to and from the parties in writing. The duty to present written offers and counteroffers may be waived if the waiver is in writing.
• Comply with Real Estate Seller Disclosure Act.
• Account for escrow and deposit funds.
• Disclose all conflicts of interest in a reasonably practicable period of time.
• Provide assistance with document preparation and advise the consumer regarding compliance with laws pertaining to real estate transactions.
• Advise the consumer to seek expert advice on matters about the transaction that are beyond the licensee’s expertise.
• Keep the consumer informed about the transaction and the tasks to be completed.
• Disclose financial interest in a service, such as financial, title transfer and preparation services, insurance, construction, repair or inspection, at the time service is recommended or the first time the licensee learns that the service will be used.
A licensee may have the following business relationships with the consumer:
Seller agency is a relationship where the licensee, upon entering into a written agreement, works only for a seller/ landlord. Seller’s agents owe the additional duties of:
• Loyalty to the seller/landlord by acting in the seller’s/landlord’s best interest.
• Confidentiality, except that a licensee has a duty to reveal known material defects about the property.
• Making a continuous and good faith effort to find a buyer for the property, except while the property is subject to an existing agreement.
• Disclosure to other parties in the transaction that the licensee has been engaged as a seller’s agent.
A seller’s agent may compensate other brokers as subagents if the seller/landlord agrees in writing. Subagents have the same duties and obligations as the seller’s agent. Seller’s agents may also compensate buyer’s agents and transaction licensees who do not have the same duties and obligations as seller’s agents.
If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under seller agency. The exception is designated agency. See the designated agency section in this notice for more information.
Buyer agency is a relationship where the licensee, upon entering into a written agreement, works only for the buyer/tenant. Buyer’s agents owe the additional duties of:
• Loyalty to the buyer/tenant by acting in the buyer’s/tenant’s best interest.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
• Making a continuous and good faith effort to find a property for the buyer/tenant, except while the buyer/tenant is subject to an existing contract.
• Disclosure to other parties in the transaction that the licensee has been engaged as a buyer’s agent.
A buyer’s agent may be paid fees, which may include a percentage of the purchase price, and, even if paid by the seller/landlord, will represent the interests of the buyer/tenant. If you enter into a written agreement, the licensees in the real estate company owe you the additional duties identified above under buyer agency. The exception is designated agency. See the designated agency section in this notice for more information.
Dual agency is a relationship where the licensee acts as the agent for both the seller/landlord and the buyer/tenant in the same transaction with the written consent of all parties. Dual agents owe the additional duties of:
• Taking no action that is adverse or detrimental to either party’s interest in the transaction.
• Unless otherwise agree to in writing, making a continuous and good faith effort to find a buyer for the property and a property for the buyer, unless either are subject to an existing contract.
• Confidentiality, except that a licensee is required to disclose known material defects about the property.
In designated agency, the employing broker may, with your consent, designate one or more licensees from the real estate company to represent you. Other licensees in the company may represent another party and shall not be provided with any confidential information. The designated agent(s) shall have the duties as listed above under seller agency and buyer agency.
In designated agency, the employing broker will be a dual agent and have the additional duties of:
• Taking reasonable care to protect any confidential information disclosed to the licensee.
• Taking responsibility to direct and supervise the business activities of the licensees who represent the seller and buyer while taking no action that is adverse or detrimental to either party’s interest in the transaction.
The designation may take place at the time that the parties enter into a written agreement, but may occur at a later time. Regardless of when the designation takes place, the employing broker is responsible for ensuring that confidential information is not disclosed.
A transaction licensee is a broker or salesperson who provides communication or document preparation services or performs other acts for which a license is required WITHOUT being the agent or advocate for either the seller/landlord or the buyer/tenant. Upon signing a written agreement or disclosure statement, a transaction licensee has the additional duty of limited confidentiality in that the following information may not be disclosed:
• The seller/landlord will accept a price less than the asking/listing price.
• The buyer/tenant will pay a price greater than the price submitted in a written offer.
• The seller/landlord or buyer/tenant will agree to financing terms other than those offered.
Other information deemed confidential by the consumer shall not be provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statement with the licensee:
• The duration of the employment, listing agreement or contract.
• The fees or commissions.
• The scope of the activities or practices.
• The broker’s cooperation with other brokers, including the sharing of fees.
Any sales agreement must contain the zoning classification of a property except in cases where the property is zoned solely or primarily to permit single family dwellings.
Real Estate Recovery Fund exists to reimburse any person who has obtained a final civil judgment against a Pennsylvania real estate licensee owing to fraud,
misrepresentation, or deceit in a real estate transaction and who has been unable to collect the judgment after exhausting all legal and equitable remedies.