Terms of Agreement In order to list your home with SeattleRealEstateByOwner.com, you must agree to the following terms: IT IS AGREED BETWEEN THE PROPERTY OWNER AND ADVERTISING AGENCY AS FOLLOWS: 1. Property Owner agrees that SeattleRealEstateByOwner.com is not an agent of the Property Owner nor do they represent the buyer or the seller in real estate. Furthermore, SeattleRealEstateByOwner.com and or its representatives have not given the Property Owner any real estate or legal advice, nor guaranteed the Property Owner success in marketing and selling the Property by owner. 2. Property Owner warrants he/she has the right to sell the Property: Owner is the Owner of record of the Property and/or has full authority to execute this Contract. Property Owner warrants that the Property information supplied to the Advertising Agency is correct. Property Owner agrees to indemnify and hold Advertising Agency harmless in the event the foregoing warranties and representations are incorrect. 3. Property Pricing: Property Owner understands that it is the sole responsibility of the Property Owner to price their property and are advised to employ a licensed appraiser if Property Owner needs a price opinion. SeattleRealEstateByOwner.com does not offer market analysis or appraisals. In addition, Property Owner understands that SeattleRealEstateByOwner.com will not view or inspect Property. 4. Sale of Property: Property Owner shall promptly inform SeattleRealEstateByOwner.com, in writing via email or fax, of any change of the sale price of the Property and/or any other material changes in the terms of the sale and/or availability of the Property. Property Owner agrees to notify SeattleRealEstateByOwner.com of the sale status of the Property within 24 hours of acceptance of any offer, contingent offer, property sold subject to an inspection, property sold pending closing, property sold and sale has closed. All of this information is necessary to keep the SeattleRealEstateByOwner.com web site current and accurate for prospective buyers. 5. Change Orders: Property Owner will receive 3 changes per month at no charge if they occur. After the 3 changes, SeattleRealEstateByOwner.com reserves the right to charge for additional changes made, but will inform Property Owner if there is a cost involved before making the requested change. 6. Indemnification/Hold Harmless: Property Owner or Representative irrevocably agrees to indemnify and hold harmless SeattleRealEstateByOwner.com, and all its representatives and/or owners involved in the advertising for any claim, demand, cause of action, loss or damage, incurred by them and the defense thereof arising from the Property Owner’s failure to comply with any agreements pertaining to the advertising and/or sale of the Property referenced in this Agreement. The venue of any suit shall be in King county. In the event of litigation to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded their reasonable attorneys’ fees and costs incurred as a result of such litigation. 7. Tax and Legal Advice: Property Owner is informed of the advisability to seek legal and/or tax advice prior to signing any real estate documents or agreement including, but not limited to this Agreement. Property Owner understands and agrees that SeattleRealEstateByOwner.com and/or its representatives have not given any such advice. 8. Advertising Guarantee: Property Owner may cancel their advertising without penalty if they choose to make their property no longer for sale. If the Property Owner fails to find an acceptable buyer within the 90 day advertising agreement period, at Property Owner’s sole discretion, Property Owner may extend their advertising an additional 90 days without charge. If Property Owner cancels their advertising, all advertising fees paid (if applicable) are non-refundable, regardless of the reason for cancellation. If SeattleRealEstateByOwner.com elects to terminate this agreement, Advertising Agency shall promptly refund the advertising fee paid (if applicable) to SeattleRealEstateByOwner.com hereunder, otherwise said fee is NON-REFUNDABLE. 9. Facsimile and E-mail Transmission: Facsimile and/or E-Mail transmission of any signed original document or notice, and retransmission of any signed facsimile and/or E-Mail transmission or notice, shall be the same as delivery of an original. All changes to Property web site shall be made in writing via fax or E-Mail transmission and cannot be honored if given verbally. 10. Disclaimer/Seller’s Insurance: SeattleRealEstateByOwner.com is not responsible for loss, theft, or damage of any nature or kind whatsoever to the Property and/or to any personal property therein. SeattleRealEstateByOwner.com Inc. is not responsible for any complications arising out of the sale of the Property or associated with any documents procured from SeattleRealEstateByOwner.com Inc or through its’ affiliates, agents, advertisers, or referral law firms or brokers. 11. Non-Exclusive Right to Advertise: Property owner may place whatever marketing signs in the yard they deem necessary. If a SeattleRealEstateByOwner.com yard sign is on the property, no other signs shall be attached to the SeattleRealEstateByOwner.com sign, but additional signs may be present in the yard. Property Owner may advertise the property with a real estate agent or any other database they deem necessary. 12. Property Owner or Representative acknowledges that SeattleRealEstateByOwner.com is a FAS, LLC website, and the same conditions agreed to between SeattleRealEstateByOwner.com and Property Owner shall also apply between FAS, LLC and Property Owner.
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