| TERMS AND
CONDITIONS:
These Terms of Use do not make us your agent or representative.
Users will not copy, redistribute or retransmit any of the data or
information provided. Website (Site) is for user's sole use.
Site users understand that particular data displayed on this Site is
obtained from multiple listing services (MLS) and user acknowledges
MLS ownership and copyright of such information as provided in the
MLS database. The user understands that all data obtained from this
website ("Site") is for user's personal, non-commercial use.
Certain MLS
regulations require us to obtain the following acknowledgement from
all users: You acknowledge entering into a lawful broker-consumer
relationship with us. Being a "consumer" does not necessarily mean
that you are our client, or that we represent you. It does mean that
we may provide functional services to you, such as letting you
search for homes on our Site. Users will not engage in any
harassing, threatening, offensive, profane, obscene, vulgar, abusive
or unlawful conduct (or any conduct that would be harmful to our
reputation, business or operations) in connection with this Site,
our service or any related real estate transaction or proposed real
estate transaction. For these purposes, “conduct” any conduct,
actions or communications of any kind. Users will not access or use
the Site in a repetitive manner by way of using any automatic,
programmed or scripted method.
Site owner may terminate user registration and use of this Site at
any time, subject to fair housing laws and other applicable law.
We require the following acknowledgement from all users: You are not
currently a party to any buyer's broker agreement, dual agency
agreement or other real estate brokerage agreement regarding a
purchase. You will not ask us to represent you with respect to a
property, if you have such an agreement with any other person that
applies to the property.
Our program is
designed primarily for ALL current residential homeowners, single
family home investors, and all residential homebuyers.
Sellers will enter into a California Residential Exclusive Listing
Agreement (Exclusive Authorization and Right to Sell) and will be
bound by the Terms and Conditions of that Agreement.
HouseBrix.com does not enter into Exclusive Agency, Open, or Net
listing agreements.
The 76% buyer commission rebate is
applicable to transactions that involve Owner-Occupied SINGLE FAMILY
RESIDENTIAL HOMES ONLY (including townhomes and condominiums intended for owner
occupancy). We can also assist investors who wish to purchase SINGLE
FAMILY RESIDENTIAL HOMES, TOWNHOMES AND CONDOMINIUMS depending upon given lender
rules, regulations and requirements. We can assist with
multi-family units on a case by case basis. We cannot assist at this
time with commercial or industrial property leases or purchases. Rebates must be
allowed in accordance with your lender's rules and regulations and may,
therefore, be restricted in certain cases.
When you buy a property using our services, we extend to you a buyer rebate which is equal to 76% of the entire
(net) commission we actually receive from the seller.
There is no maximum set limit. If the seller pays us a commission, we give 76% of that amount
to you bearing in mind that there may be lender restrictions.
You never pay any commission or fee to us when you are the buyer.
PLEASE NOTE that we cannot represent you in the purchase of a property if you
are obligated to work with another broker or agent on that purchase.
For us to receive a
commission and for you to receive a rebate, you should make it clear
to any other agent or broker that you have already secured the representation
of HouseBrix.com.
We, as your Agent, will meet you, the Buyer, to view no more than 5 (five) homes
on your final shortlist with the express understanding that: (a) You, the Buyer,
have pre-viewed homes by yourself and have already eliminated any home that is
undesirable or does not fit your needs, and (b) Your objective is to make an
offer on one of the final 5 (five) homes on your preview shortlist that we are
going to tour together. It is
understood that you, the Buyer, have done your own research with regards to
finding a home to purchase, including, but not limited to, driving around and viewing/researching
neighborhoods and selecting the neighborhood that best fits your requirements;
that you have searched extensively on the internet for homes to buy in your
area/neighborhood of preference and price range; that you have attended Open Houses where
available; that you have signed up for Daily HouseBrix.com Email Listing Updates; that you
have requested further information as needed via phone or email from HouseBrix.com
for any property of interest; that you have driven by and viewed - at a minimum - the exterior of your final 5
(five) home choices; and that you have already secured a lender pre-approval to
move forward with offers to purchase.
You will need to
pre-register as a potential buyer client
in order to make us aware that you intend to use our service. ANY AND ALL
INFORMATION THAT YOU PROVIDE TO US WILL REMAIN CONFIDENTIAL AND WILL NEVER AT
ANY TIME BE SHARED OR SOLD. You may make your initial contact with
us either via
phone or email.
For you, the Buyer, to receive a rebate, (a) ALL OFFERS MUST BE MADE THOUGH US
AS YOUR AGENT, and (b) Prior to being shown homes by HouseBrix.com, you,
the Buyer, MUST be pre-approved by a lender willing to commit to
funding your home loan. In order to make offers, your lender will need to
provide your FICO scores, proof of funds as needed, and a pre-approval letter to
us with full lender verifiable contact information. This financially
qualifying information is to be presented to us BEFORE any meeting between the HouseBrix.com
agent and you, the Buyer, takes place to show homes and make offers to purchase.
The information is to be presented to us in the form of a Fax or email and will
be used to support any offer you make to the seller.
Please note that commission rates are not set by law. Commissions are always
negotiable. The amount of commissions, who pays the commissions, and the
commission split will therefore vary according to the individual transaction.
The rebate that buyers receive is equal to 76% of the total NET commission
that HouseBrix.com receives from the seller/s and/or listing broker for the
individual purchase transaction in question. It is understood that the amount of
the rebate will be affected by the amount of commission offered and actually
paid by the seller/s and/or listing broker to HouseBrix.com.
Proof of the amount of net commission actually received by HouseBrix.com will be
provided to Buyer.
This rebate offer will be VOID and HouseBrix.com will have NO obligation to
rebate the Buyer: (a) To the extent prohibited by ANY applicable law, (b)
Restrictions that are made known to the Buyer by the Buyer's lender/s as
applicable, or (c) ANY OTHER TIME that such payment is so prohibited and as such
made known to the Buyer. HouseBrix.com MUST AT ALL TIMES be the sole and
exclusive broker representing the Buyer. HouseBrix.com has no
obligation to pay the rebate unless all Buyers - as parties to the transaction -
agree to: (a) Sign any agreement reasonably requested by HouseBrix.com that
confirms the amount of the rebate to be made to the Buyer, as based on the
projected net commission amount to be paid to HouseBrix.com by the
seller, and (b) The Buyer
signs a Buyer Agency agreement agreeing to exclusive representation by HouseBrix.com as the broker to the entire purchase transaction.
The rebate may have tax implications for the Buyer and it is recommended that
the Buyer seek the guidance of a professional tax advisor as needed in
connection with the rebate. HouseBrix.com is not a tax advisor. If HouseBrix.com
determines that the filing of any tax return is necessary, including Form 1099
or other, HouseBrix.com may make such filing.
The HouseBrix.com rebate program is subject to discontinuation or change at any
time although existing Buyer and Seller clients will not be impacted by such
discontinuation or change.
Buyer may select one of the following four ways in which to accept the Buyer
Rebate:
1. Closing Cost credit.
2. Interest rate buy down.
3. Principal Balance buy down.
4. Check by mail after escrow closes.
If the Buyer elects to receive a check by mail, the
rebate WILL BE PAID BY COMPANY CHECK TO THE BUYER within 14 days after the close of the
purchase transaction and the rebate will be paid to the order of the person(s) named as the buyer(s) or borrower(s)
on the HUD-1 Closing Statement or equivalent statement. The rebate is applicable
to (a) Owner-Occupied SINGLE FAMILY RESIDENTIAL HOMES ONLY (including townhomes and condominiums
for which the buyer meets all requirements of HouseBrix.com), and (b) Investor
owned SINGLE FAMILY RESIDENTIAL HOMES ONLY (including townhomes and condominiums
for which the buyer/investor meets all requirements of HouseBrix.com). HouseBrix.com reserves the right to refuse service.
If you, the Buyer, would like your rebate to be paid as a Credit against buyer closing costs at closing, HouseBrix.com
must receive your written request as soon as possible.
There is no guarantee that your rebate can be used as a credit against the closing costs, but HouseBrix.com will make every
reasonable effort to accommodate your request. If you, the buyer, would like
your rebate to be applied towards an interest rate buy-down or a principal
balance buy-down, HouseBrix.com will need to disclose same to your lender as
soon as possible. Lender restrictions may apply.
In circumstances of
ANY commission disputes that have arisen for ANY reason, HouseBrix.com will delay paying the rebate until 21 days after the dispute has
been resolved, whether the dispute is resolved by mutual WRITTEN agreement of
all parties to the transaction, or whether the dispute is settled in a court of
law as a FINAL AND NON-APPEALABLE judgment.
When you, the user, transmit
your registration and personal information to HouseBrix.com as a
potential Buyer or Seller, you understand and agree that
HouseBrix.com will use your information within our organization with
your permission and may also provide that information to other of
our support personnel for the purpose of processing your
registration and providing you with referrals and/or any other
information that you have requested from us. Every precaution
is taken by HouseBrix.com to safeguard your information but you, the
user,
understand and agree that HouseBrix.com will not be held liable for
inadvertent transmission due to application errors, hackers, or
theft.
The user of the HouseBrix.com
site and .net platform/site understands that HouseBrix.com cannot be
held responsible for any errors pertaining to information which is
derived from but not limited to public, government, county, city, or
independent records (for example, MLS). The user also
understands and agrees that, in making requests for further
information, assistance in buying a home, assistance in selling a
property, or ANY OTHER REQUEST, the user is authorizing
HouseBrix.com to share that information as necessary in order to
satisy the user request. By transmitting a request for further
information, the user is giving HouseBrix.com and Associates
permission to make contact with the user.
This Site and all information in this Site are being provided “as
is”, without any representation or warranty of any kind. All
warranties, express and implied, are hereby disclaimed. Without
limitation of the foregoing, we disclaim all warranties regarding
non-infringement, title, merchantability, fitness for a particular
purpose, or availability, accuracy or usefulness of data. Site
owner shall not be liable for any damages in connection with the use
of this Site or any information provided to users therein. Without
limitation of the foregoing, site owner shall not be liable for any
(i) damages arising from any interruption, error, delay,
unavailability or failure in service or transmission, any deletion
or computer virus, or any unauthorized access to, or disclosure,
misappropriation or alteration of, data, or (ii) any punitive,
exemplary, multiple, special, indirect, incidental or consequential
damages of any kind. If, under applicable law, any damages may not
be so limited, then such damages will be limited to the maximum
extent permitted under such law.
ALL USERS consent to us communicating with you, including by
telephone, fax, email and mail as needed.
User will comply with all copyright restrictions and other
restrictions on use of any content on this Site imposed by Site
owner or any other person who provides such content.
Electronic Records Disclosure:
Disclosure. In order to increase efficiency and maintain our
business model, we will deliver
information to users in an electronic manner. The following consent
authorizes us to provide or make available to you, the user, in
electronic form, during the course of our business dealings with you,
documents or records (“Documents”) in the following form/s or
manner/s:
1. Any terms of use, privacy policy, or terms and
conditions in connection with this or any website as necessary.
2. Any agency agreement.
3. Any disclosure or consent regarding any agency relationship or
change or transition in agency relationship.
4. Any real estate agreement, including any purchase and sale
contract, lease, option, or installment or land sale contract.
5. Any
disclosure form or statement in which the seller(s) and/or any other
person(s) make any disclosures in connection with any real estate
transaction, including regarding any known defects or other
conditions affecting any property.
6. Any other disclosures, notices or consents required under
applicable law in connection with any real estate transaction.
7. Any closing statement(s).
8. Any estimates of costs or expenses, including closing costs.
9. Any accounting, including regarding any trust or escrow funds in
connection with any transaction.
10. Any other Document in connection with any real estate
transaction.
11. Any other Document relating to any real estate (including any
personal property located thereon or used in connection therewith).
12. Any other Document consisting of or relating to any agreement to
which you or HouseBrix.com are a party.
13. Any other Document relating to our website, security procedures
or handling of information.
14. Any other Document relating to our operations, procedures,
policies, business or services.
15. Any disclaimer.
16. Any other Document that we are required to provide or make
available to you under any applicable law governing the conduct of
real estate brokers, including any real estate broker license law,
real estate agency law, or real estate transfer disclosure law.
17. Any other Document that we are required to provide or make
available to you under any other applicable law.
18. Any addendum, exhibit or supplement to,
or any amendment, renewal or termination of, any of the foregoing.
The term, “real estate transaction”
includes any transaction regarding real estate (including any
related personal property) or any financing related thereto. You can
update information needed to contact you electronically by logging
in to your customer account within our Site, and changing your email
address in your customer profile.
We do not provide or make available to you
any Document in paper or non-electronic form, unless (a) we in our
sole discretion determine that it is desirable to do so, or (b) you
give notice to us requesting a paper copy of a Document. You have
the right to withdraw your consent to have Documents provided or
made available to you in an electronic form, by giving notice of
such withdrawal of consent in writing. Any notice referred to in
this Section must be in written, paper form and sent by U.S.
certified or registered mail, return receipt requested, postage
prepaid, addressed to HouseBrix.com, 3053 Rancho Vista Blvd., #H252,
Palmdale, Ca., 93551. If you withdraw, in whole or part,
your consent for us to provide or make available Documents in
electronic form; you request any paper copy of any Document; or you notify us that you are unable to print out or store any
Document in electronic form that we provide or make available to
you, then in each case we reserve the right to terminate your
registration with and use of the Site.
Hardware and Software: The hardware and software requirements
for access to and retention of the electronic records are: a
personal computer, a web browser, internet access, and Adobe PDF
software.
Consent: You hereby consent to us providing or making available to
you in electronic form, during the course of our business dealings
with you as our customer, any and all Documents specified above.
General: Without limitation of the foregoing, you agree that:
1. If we provide or make available to you any Document in electronic
form, it will be treated for all purposes as if we delivered to you
an original of the Document in paper form, and a printed version of
such electronic Document will be admissible in any proceeding to the
same extent as any Document originally printed in paper form.
2. If we send an email to an email address for you as then reflected
in our records, which email has an electronic copy of a Document
attached to it (or has a link to an electronic copy of a Document or
to a page from which such electronic copy is available), such email
will be treated for all purposes as if we delivered an original of
the Document in paper form to you at the time the email was sent.
3. Your electronic signature of any Document will be binding and
will be treated for all purposes as if you physically signed (and
initialed all spaces for your initials in) such Document (including
initials indicating your agreement to any arbitration provision).
4. You will notify HouseBrix.com immediately if you are unable
to print or store any Document in electronic form that we provide or
make available to you as our registered customer.
HouseBrix.com will represent sellers in the sale of their homes and
buyers in the purchase of homes. HouseBrix.com will practice
disclosed dual agency in the sale of in-house listings. This type of
relationship will only exist after full disclosure is made to all
parties to the transaction and after obtaining their informed
consent.

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