Charity Realty

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These Terms of Use (the "Agreement") govern the use of the Charity Realty web site (the "Site"). By registering to use the Site you, the user, agree to these Terms of Use.

TERMS OF USE
1. You represent that you are an individual interested in purchasing or selling real estate on your own behalf. You may not use the Site for the purpose of acting as an agent to any third party, or for any unlawful purpose.  You represent that all information provided by you to Charity Realty have been and will be answered truthfully and to the best of your knowledge.
2. Charity Realty is currently licensed to do business only in California. This Site should not be construed to be a solicitation of business in states where Charity Realty is not licensed.
3. This agreement creates an agency relationship between Charity Realty and you.  This agency relationship shall be non-exclusive, until such time as you enter into a written listing agreement or exclusive agency agreement with Charity Realty.  You represent that you have not entered into any agreement or informal arrangement with a real estate agent or agency that would prevent you from entering into this agreement with Charity Realty.  
4. Before working with Charity Realty or any real estate broker, you should understand the duties of a real estate broker.  You acknowledge that you have read and understood the Agency Disclosure information. You recognize that Charity Realty is working simultaneously for a number of other clients and will show homes that may be of interest to and meet the requirements of any and/or all clients.
5. BUYERS:
a. As a buyer, you may use the Site to search the property listings without entering into an exclusive agency agreement with Charity Realty.  However, prior to showing you any properties, Charity Realty will require you to enter into a written, exclusive agent/agency agreement with Charity Realty.  
b. Many of the homes that are shown on the Site as available for sale are listings of other real estate brokerage firms and are shown to you based on your current housing requirements; these listings shall not be construed to be advertising of other broker's properties. You understand that searches for property will be restricted to homes in the states where Charity Realty is currently licensed, and within the price range that the pre-qualifying loan process established.
c. As a buyer, a charitable organization may be entitled to a donation when your purchase property through Charity Realty, as described on the Site.  The donation can be directed to any valid non-profit organization in the United States.  The donation will be given to the organization that introduced you to Charity Realty unless other specified by you to us in writing prior to the close of escrow. In order to protect your qualification for a donation from Charity Realty, when visiting open houses, new housing tracks or calling other brokers, you should always mention that you are represented by Charity Realty.  The donation described on the Site is based on a standard 6% agency fee agreement. To the extent the agency fee agreement is less than 6%, the donation will be adjusted proportionately, subject to a 1.5% minimum commission to Charity Realty on the full service program. The donation does not apply where it is prohibited by law.  All transactions are subject to a $325 escrow transaction fee.  You agree to indemnify and hold harmless Charity Realty from claims from other real estate brokers who claim to have represented you in any transaction conducted through Charity Realty. 
6. SELLERS:  In order to list a property with Charity Realty, you will be required to enter into a written listing agreement with Charity Realty.  If your property is currently listed with another agent or broker, your use of the Site is not intended to be a solicitation of your listing.  Charity Realty reserves the right to remove any listing that Charity Realty suspects may be fraudulent or inaccurate.  The donation described on the Site is based on a standard 6% agency fee agreement. To the extent the agency fee agreement is less than 6%, the donation will be adjusted proportionately, subject to a 1.5% minimum commission to Charity Realty on the full service program. The donation does not apply where law prohibits it.  All transactions are subject to a $325 escrow transaction fee.
7. Registration data and certain other information about you are subject to Charity Realty's Privacy Policy. For more information, please review our full privacy policy accessible from the "Privacy" link on the Site homepage.
8. You agree that any electronically generated or printed messages sent to you from Charity Realty, whether in the form of general correspondence or property listings requested by you, are to be used solely by you in buying or selling a home. Listings may not be advertised, sold, or distributed and are to be considered the property of Charity Realty.
9. The Site is controlled and operated by Charity Realty at 4445 Eastgate Mall, 2nd Floor, San Diego, CA  92121, telephone (877) 585-6687. All content on the Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by Charity Realty or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Charity Realty.  Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed and/or exploited in any way, including by e-mail or other electronic means for commercial use. Without the prior written consent of Charity Realty or the Providers, modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use is a violation of Charity Realty and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. Charity Realty and/or its respective third-party providers reserve the right to modify the contents of this Site without notice.
10. YOU UNDERSTAND THAT CHARITY REALTY IS PROVIDING THE SITE AND ITS CONTENTS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. CHARITY REALTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  NEITHER CHARITY REALTY, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

11. You acknowledge that any hyperlinks to web sites operated by parties other than Charity Realty are provided for your reference only. Charity Realty is not responsible for the contents of any other web site nor does the hyperlink imply that Charity Realty endorses the material or services on such web sites or any association with their operators.
12. You agree that use of the Site is at your sole risk. Charity Realty does not warrant or make any representations regarding the results that may be obtained from the use of this Site, or as to the reliability, accuracy or currency of any information, content, service, property and/or merchandise acquired pursuant to your use of this Site.  You (and not Charity Realty) assume the entire cost of all necessary servicing, repair or correction of your system.  YOU AGREE THAT NEITHER CHARITY REALTY NOR THE PROVIDERS IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE. 
13. You agree to indemnify, defend and hold harmless, Charity Realty, its officers, directors, employees, affiliates, agents, licensors, suppliers and of the Providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.
14. This agreement will commence when you select the "I Accept" button, enter your name and e-mail address in the spaces provided at the end of this Agreement, and you receive an e-mail providing you with a password for the Site.  This Agreement will continue for a period of ninety (90) days. You can extend the term of this Agreement by renewing this Terms of Use Agreement prior to its termination via email or telephone.  You may terminate this Agreement by sending a notice to information@Charity Realty.
15. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action brought to enforce these Terms of Use or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in San Diego, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 
16. The terms and conditions of these Terms of Use represent the entire Agreement between you and Charity Realty and supersedes any prior agreements or understandings.  In the event inconsistencies exist between these Terms of Use and any future published Terms of Use or understanding, the last published Terms of Use shall prevail. 




              AGENCY DISCLOSURE INFORMATION
IF THE BROKER REPRESENTS THE OWNER:
The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner' s agent anything the buyer would not want the owner to know because an owner' s agent must disclose to the owner any material information known to the agent.

IF THE BROKER REPRESENTS THE BUYER:
The broker becomes the buyer's agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer' s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer' s agent anything the owner would not want the buyer to know because a buyer' s agent must disclose to the buyer any material information known to the agent.

IF THE BROKER ACTS AS A DUAL AGENT IN CALIFORNIA:
In dual agency, the broker represents both buyer and seller in the same transaction. In the real estate industry, even if one salesperson in an office is working with a buyer and another salesperson in the same office is working with the seller, the broker of the real estate firm is considered a dual agent.
A broker who acts as a dual agent in a transaction: 
(a) shall treat all parties honestly; 
(b) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
(c) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
(d) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by State or Federal law or a court order or if the information materially relates to the condition of the property.