"Using the Internet to Build Value in your Online Real Estate Transaction" TM
 
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.