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Terms of Use Agreement

DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, BUYER AGENCY OR TRANSACTION-BROKERAGE.

BROKERAGE DISCLOSURE FROM BRECKENRIDGE
ASSOCIATES REAL ESTATE LLC TO CONSUMER

Thank you for visiting our website. Breckenridge Associates looks forward to assisting you with all of your real estate needs in Summit County. Should you seek help outside of Summit County, we can refer you to other outstanding brokers. Before we provide you data, allow us to make this disclosure. You, the reader of this disclosure will be referred to as "You" or "Consumer." The first part of this disclosure provides some definitions of terms that will be discussed in the second part of this disclosure. The second part of this disclosure explains the nature of relationship between you and Breckenridge Associates.

I. Definitions of Working Relationships

Seller's Agent: A seller's agent works solely on behalf of the seller to promote the interests of the seller with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller. The seller's agent must disclose to potential buyers all adverse material facts actually known by the seller's agent about the property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller.

Buyer's Agent: A buyer's agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer's agent must disclose to potential sellers all adverse material facts actually known by the buyer's agent, including the buyer's financial ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.

Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a buyer's financial ability to perform the terms of a transaction and, if a residential property, whether the buyer intends to occupy the property. No written agreement is required.

Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party's agent or as the party's transaction-broker.

II. Relationship Between Breckenridge Associates Real Estate LLC and Consumer

You and Breckenridge Associates have NOT entered into either a buyer agency or seller agency agreement.

You understand that you shall not be liable for Breckenridge Associates' acts or omissions that have not been approved, directed, or ratified by you.

Breckenridge Associates is a "multiple person" brokerage firm. We have a supervising broker who supervises other brokers who affiliate with Breckenridge Associates. When you work with Breckenridge Associates, we designate an individual or multiple brokers to work with you. If we designate more than one individual broker, then references in this document to Broker shall include all persons so designated, including substitute or additional brokers. Your brokerage relationship (i.e. Seller Agency, Buyer Agency or Transaction Brokerage) exists only with the designated individual Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.

TRANSACTION-BROKERAGE ONLY. Unless we sign an agreement with you that states otherwise, Breckenridge Associates is a transaction-broker while assisting you. Breckenridge Associates is not your agent.

You consent to Breckenridge Associates' disclosure of your confidential information to the supervising broker of Breckenridge Associates or designee for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information without your consent, or use such information to your detriment.

DISCLOSURE OF SETTLEMENT SERVICE COSTS. You acknowledge that costs, quality, and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).

THIS IS NOT A CONTRACT.

MEGAN'S LAW. If the presence of a registered sex offender in the vicinity of a property in which you are interested is a matter of concern to you, you understand that you must contact local law enforcement officials regarding obtaining such information.

  • Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant
  • All information is intended only for the Registrant's personal, non-commercial use
  • That the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW
  • That the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant's consideration of the purchase or sale of an individual property
  • That the Registrant acknowledges the MLS's ownership of, and the validity of the MLS's copyright in, the MLS database