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Terms and Conditions

Terms and Conditions

These Terms and Conditions (“Terms”) govern the use of services provided by me, a licensed real estate agent, for clients seeking to buy, sell, rent, or lease residential, commercial, or investment properties. By engaging in my services, you agree to these Terms, so please read them carefully.

  1. Services Provided

As a licensed real estate agent, I offer a range of services related to real estate transactions, including:

  • Buyer Representation
  • Seller Representation
  • Real Estate Market Analysis
  • Property Listings and Showings
  • Lease Negotiation and Consultation
  • Real Estate Investment Advice

My role is to facilitate property transactions by helping clients navigate the real estate market, evaluate properties, and negotiate terms.

  1. Eligibility

You must be at least 18 years old to engage in real estate transactions through my services. By working with me, you represent that you have the legal authority to buy, sell, lease, or rent property and enter into binding agreements.

  1. Client Responsibilities

To ensure I can serve you effectively, you agree to:

  • Provide accurate and complete information regarding your real estate needs and financial situation.
  • Review all documents, contracts, and disclosures related to property transactions before signing.
  • Notify me of any changes in your circumstances that may impact the transaction.

I rely on the information you provide to give accurate advice, so any misrepresentation or omission of material facts may affect the outcome of the transaction.

  1. Property Listings and Availability

Property listings provided through my services, including those found on my website or third-party platforms, are for informational purposes only. The availability, pricing, and terms of properties are subject to change and may be altered or withdrawn by the property owner at any time without notice.

  1. Representation

By working with me, you agree to allow me to represent you as a buyer’s or seller’s agent. As your representative, I will:

  • Assist in the negotiation of terms and conditions of the property transaction.
  • Provide you with relevant property data and comparable sales information.
  • Help you navigate the closing process.

You agree to communicate openly with me and notify me of any developments that could affect the property transaction. If a conflict of interest arises, I will disclose it immediately and work to resolve it in a fair manner.

  1. Fees and Commissions

Real estate agent services typically involve commissions, which are a percentage of the sale or lease price. Commissions and other fees (such as for appraisals or inspections) will be disclosed and agreed upon in advance. The following applies:

  • Buyer’s Agent Commission: Typically paid by the seller, unless otherwise agreed.
  • Seller’s Agent Commission: Typically deducted from the sale price at closing.
  • Leasing Fees: For rental properties, fees may apply based on the lease terms, which will be clearly stated in advance.

No commission or fee is due unless a transaction is successfully completed (i.e., a sale or lease is finalized).

  1. Third-Party Service Providers

In the course of buying, selling, or renting a property, you may be referred to third-party service providers, such as inspectors, appraisers, lenders, or title companies. While I may recommend certain providers, I am not responsible for the actions or services provided by third parties. You are encouraged to do your own due diligence before hiring any external provider.

  1. Data Privacy and Use

Your privacy is important to me. I collect and use your personal information (such as financial data and contact information) only as necessary to facilitate real estate transactions and in accordance with applicable laws. I will not share your personal information with third parties without your consent, except as required to complete the transaction. For more information, please refer to my Privacy Policy.

  1. Limitation of Liability

While I strive to provide accurate and timely information, I cannot guarantee the outcome of any real estate transaction. To the fullest extent permitted by law, I disclaim any liability for:

  • Market fluctuations that affect property values.
  • Changes in interest rates or financing terms.
  • Decisions made by third parties, such as sellers, lenders, or inspectors.

I will not be held responsible for any financial losses, delays, or disruptions resulting from your reliance on my services or from external factors beyond my control.

  1. Fair Housing and Anti-Discrimination

I comply fully with all federal, state, and local fair housing laws, including the Fair Housing Act, which prohibits discrimination based on race, color, religion, sex, national origin, disability, or familial status. I am committed to providing equal services to all clients and treating everyone fairly and with respect throughout the real estate transaction process.

  1. Dispute Resolution

In the event of a dispute arising from your use of my services, we agree to first attempt to resolve the issue through mediation. Any unresolved disputes will be governed by the laws of the state of [State], and you agree to submit to the exclusive jurisdiction of the courts in [City], [State].

  1. Indemnification

You agree to indemnify and hold me harmless from any claims, damages, liabilities, or expenses (including legal fees) arising from your breach of these Terms, your misuse of my services, or any misrepresentation you make during the course of a real estate transaction.

  1. Termination of Services

Either party may terminate the relationship at any time for any reason, provided written notice is given. In the event of termination, any outstanding fees or commissions earned up to that point will be due and payable.

  1. Amendments to Terms

I reserve the right to modify these Terms at any time. Any changes will be communicated to you, and continued use of my services after such changes will constitute your acceptance of the updated Terms.

  1. Contact Information

If you have any questions or concerns about these Terms or my services, please contact me.

Experienced in real estate and ready to help you explore all your real estate options, I stand as a top resource in Middle, TN.

smithken@realtracs.com
615-308-1089
CottageAgent@gmail.com
615-773-6099
5760 Highway 109 N Lebanon, TN 37087
615-773-6098

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