LISTING SERVICE: Green Banker will proceed with the process of the service request upon the conformation of service ordered and payment for services requested in the amount posted for said service to the seller(s) credit card account. All legal contractual documentation for any service must be completed by seller(s) prior to the actual activation of any property listing. All fees paid are not to be construed as an advance commission, but for professional services rendered.
SERVICE FEES: Seller(s)/Owners(s) agrees) to pay "Green Banker " for services requested here within this web site and as ordered by Seller(s)/Owners(s). Multiple Listing Services reserves the right to file a Mechanics or Small Claims Lien plus any costs, attorney fees in connection with the service request on all uncollected fees due Multiple Listing Services which were ordered by the Seller(s)/Owners(s) that are older than 5 days from date of listing activation. All credits or adjustments will be processed within 15 days.
MULTIPLE LISTING SERVICES: Listing information about all listed properties will be provided to the RealtorŪ MLS for the area in which the property is located. Including, price, terms, commissions offered, specifications etc., as instructed by the owner/seller within this web site and as required by the RealtorŪ MLS.
SERVICE GUARANTEE: As the licensed broker for your listing we guarantee to list your property in the RealtorŪ MLS in a timely manner with respect to all local and national real estate associations, local and regional real estate licensing boards and the California Department of Real Estate, state laws and professional codes of conduct. *Note, some services not available in all areas of the state, rural areas may take longer.
SELLER MANDATORY UPDATES: Owner(s)/Seller(s) is/are required to update "Multiple Listing Services " within 24 hours of any changes in regard to the property availability, acceptance of an offer, close of escrow, transfer or sale. "Multiple Listing Services " reserves the right to withdraw or cancel any listing from the RealtorŪ MLS data base, if Owner(s)/Seller(s) refuses to comply with mandatory updates or the local RealtorŪ MLS rules and regulations, or for non payment of services rendered by Green Banker. The Owner(s)/Seller(s) is/are solely responsible for accuracy for all information provided, misuse of any remarks or false information provided to the MLS. Owner(s)/Seller(s) and the broker for Green Banker must comply with all applicable MLS provider rules and regulations. Owner(s)/Seller(s) hereby accepts responsibility for all fines imposed in connection with the said property listed because of inaccurate or the false information, lack of proper updating to Green Banker as to sale date, price, terms of sale either reported or not reported or as required to the RealtorŪ MLS. Green Banker reserves the right to provide service to anyone.
PROPERTY INSPECTIONS: It is the sole responsibility of the Owner(s)/Seller(s) to inform all buyers to independently verify the accuracy and completeness of all information contained within each property listed by Green Banker in the MLS prior to the close of escrow, by making a personal inspection or hiring the services of a licensed property inspector or licensed building contractor to verify the condition of the property, accompanied with a written report to the condition of the property. As Green Banker has not personally inspected the property, Green Banker is not responsible for the condition of any property listing, as the property has not been inspected by an agent or employee of Green Banker and Green Banker is not a licensed contractor or property inspector. All property listed as an "Open Listing" is being represented in the sale by the owner/seller, without the services of a state licensed real estate professional unless otherwise contracted.
EQUAL HOUSING STATEMENT
We support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin: Seller warrants the property listed is offered in compliance with the Equal Housing Act, federal, state and local anti-discrimination laws.
REFUND POLICY:
All fees paid are non refundable except as follows: If you cancel your listing prior to the packaging, shipping of any marketing materials, we will gladly refund the entire MLS listing less an administrative fee in the amount of $50. If you cancel your listing after marketing materials have been shipped and prior to the actual activation of the MLS listing, we will gladly refund the entire amount less an administrative fee in the amount of $150. If you cancel your listing after the property listing data has been entered into the realtorŪ MLS data base and the listing has been activated, then no refund is possible. Once the property is listed in the RealtorŪ MLS , no refund is possible. The balance of all service requests are due a payable upon the successful closing of the property in which the Owner(s)/Seller(s) has hired Multiple Listing Services .
LOCK BOX: A lock box is designed to hold a key to the property to permit access by cooperating Brokers, MLS participants, their authorized licensees and representatives, and accompanied prospective buyers. Cooperating brokers, MLS and Association/Boards of REALTORSŪ are not insurers against theft, loss, vandalism, or damage attributed to the use of a lock box. Seller is advised to verify the existence of, or obtain, appropriate insurance. Seller may obtain the usage of a lock box for the property if elected. If Seller(s)/Owners(s) does not occupy the Property, Seller shall then be responsible for obtaining occupant(s)' written permission for use of a lock box. If seller agrees to the use and fee of the RealtorŪ Electronic Lockbox, Seller acknowledges sole responsibility for its return. If not returned within 10 days from the close of escrow, Seller agrees to reimburse "Green Banker" the amount of $90 by credit card or electronic check on file with Green Banker.
AGENCY RELATIONSHIP: Owner(s)/Seller(s) acknowledges an agency relationship as required by the California Department of Real Estate. The relationship between Owner(s)/Seller(s) and broker is limited to this "open listing" contract only. Any relationship between the Owner(s)/Seller(s) and broker either passive or implied in this contract, other than for the purpose of this listing agreement herein expires upon acceptance of offer, sale, transfer of ownership of this property or cancellation of listing agreement. Owner(s)/Seller(s) have the right to extend the agency relationship to that for the Sale-With-Owner-Assistance or Paper-Work-Only-Assistance programs for an additional fee at any time during this contract as elected.
CONFLICT OF INTEREST/ DUAL AGENTS : Owner(s)/Seller(s) acknowledges Green Banker, as the listing agent or broker, representing the Owner(s)/Seller(s). Green Banker therefore prohibits the Owner(s)/Seller(s) to hire or consult with any licensed real estate agent, broker for any additional services in this transaction for a fee as it would create a direct conflict of interest within the duties of the agency relationship, under state laws and would create tutorious interference, liability for the owner/seller and Green Banker, of which Green Banker would have no knowledge or control of. If Owner(s)/Seller(s) creates a dual relationship at any time either passive or implied without properly releasing in writing Green Banker from all liability in connection with this transaction, the Owner(s)/Seller(s) agrees to accept all liability, fines, torts that may be imposed on Green Banker by the California Department of Real Estate or any party involved directly or indirectly with the transaction.
RELEASE: By accepting the terms here within this statement as published within this web site, and In connection with this agreement because of the limited agency relationship with the owner/seller, the Owner(s)/Seller(s) hereby indemnifies, releases and holds harmless without recourse; Green Banker, it's companies, agents, brokers, service providers, employees and other owners for all legal torts, legal actions, claims, liability, personal property loss, damage, cost, expense, including any attorney's fees, awards, fines or judgments or any other loss regardless whether such acts are either active or passive in reference to the sale, transfer and or the open listing information as published in reference to the above property or for services provided by broker of record for the corporation. Green Banker or it's service providers are not responsible for information published by sources other than Green Banker. In using the web site provided by Green Banker and the services offered herein, owner/seller agree to hold harmless any of its officers, directors, employees or agents from any liability for damages arising out of or in connection with the use of this site or any third party site/content/service referenced herein. This is a complete limitation of liability that applies to all damages of any and every kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury, and claims of third parties. Users and advertisers
PRIVACY STATEMENT
Green Banker will not knowingly share information provided by you with anyone other than its subsidiaries and affiliates except as required or permitted by applicable law. We do not sell our names or lists unless otherwise disclosed to you. However, viewers should note that while it is our intent to hold private the information you transmit via our Website or by way of an Internet electronic mail system or service, Green Banker cannot promise or ensure that such information will remain confidential or secure. Information on the Internet tends to develop "a life of its own," and may find its way to recipients to whom it is not intended or persons you may not want to have such information. This is beyond the control of Green Banker, and you are advised that such transmissions even though deemed secure, may not be secure.
DISCLAIMER
The information, software, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Green Banker may make improvements or changes to this website at any time. In no event shall Green Banker be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this website, whether based on contract, strict liability or otherwise. Green Banker maintains this Website as a service to Internet users and its sole use is privileged to the viewer. All information is provided without warranty of any kind, either express or implied or for non-infringement. Access and use of the Website and all company links are subject to the terms and conditions set forth herein and to all applicable laws regulating the use of the Internet and those relating to the use of information. The use of this Website is also subject to all applicable laws involving copyrighted materials and intellectual property. Green Banker reserves the right to revise the terms and conditions for access to its Website from time to time in its sole discretion. The materials on this Website including without limitation, all text, graphics, charts,pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned by Green Banker. These materials are protected by federal law against unauthorized copying and reproduction. Use beyond the limited license granted to viewers will be prosecuted and Green Banker shall seek recovery of actual or statutory damages recovery of attorneys' fees and other remedies. The layout and presentation of this Website are also protectable trade dress under applicable federal law. Any copying of Green Banker trade dress or text within this web site is strictly prohibited. Green Banker are registered names of America West Funding, Inc. (Green Banker) a real estate brokerage licensed by the state of California. Green Banker and and companies are members of virtually every regional MLS board throughout the state of California. As mistakes can be made and computer data can be lost or misconstrued, Green Banker makes no warranties as to how your property information will be displayed, or what specifically your listing will look like or say in any other websites other than the actual Realtor MLS database for the service area in which your property is listed BY Green Banker. Some areas of the state have no MLS coverage at all and some services may not be available. Rural MLS service areas may take longer than 24-48 hours to activate a listing. The Green Banker.com website should not be confused as being the actual Realtor MLS database also know to the public as THE MLS, but as a business portal which provides the public an automated and secure source for Multiple Listing Services as offered provided by Green Banker. The Green Banker.com website accepts user inputed and specific property information, credit card payment for services and is a processing source for real estate services performed by Green Banker. The Green Banker.com website logo is not intended to be a facsimile of the trade marked logo which is used by the National Association Of Realtors, the wording or abbreviation of the term MLS in the logo is not to me construed as an infringement on the trade marked logo, but as an identifying combination of fonts in which states what services we perform, i.e.: multiple listing services.
