Last Updated: October 2024
Introduction
Welcome to the websites of Prime Homes and Estates LLC and Public Trust Realty Group LLC. By accessing or using our Services, including our websites and mobile applications, you agree to comply with and be bound by these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By registering with or accessing the Service, you acknowledge and accept these Terms. Capitalized terms are defined below.
Contact Information:
Prime Homes and Estates LLC
Public Trust Realty Group LLC
Address: 818 Garrison Ave, Teaneck, NJ 07666
Phone: (201) 357-5525
Broker Direct Number: (201) 832-8400
Broker of Record: Arun Thomas
1. Ownership of Content
All content, including text, images, graphics, and logos, provided on this website is the property of Prime Homes and Estates LLC and Public Trust Realty Group LLC or their respective licensors. Unauthorized use of this content is prohibited without prior written consent.
2. Use of the Service
A. Accounts
You may register, maintain, and create an account to use the Service. You are responsible for all activities conducted under your account, including maintaining the security of your username and password and ensuring the accuracy of account information. You agree to promptly update any changes to your account information and notify us of unauthorized use of your account.
B. Service Rules
You agree to use the Service in compliance with these Terms, all applicable laws, and the Privacy Policy. Prohibited activities include unauthorized commercial use, violating third-party licenses, and engaging in disruptive or illegal conduct. You are strictly prohibited from scraping, reverse engineering, or attempting to gain unauthorized access to any part of the Service.
C. Agent Users
Any User holding a real estate license (such as brokers, associate brokers, or salespersons) other than Agents must notify us before accessing any password-protected materials, including house listing data or other data compilations. We reserve the right to deny or terminate access to non-Agent real estate professionals, except for limited purposes related to MLS compliance verification.
D. Property Data Restrictions
All property data provided on the Service is intended for your personal, non-commercial use and may not be redistributed, retransmitted, or copied. You may use the data solely to evaluate properties for sale or purchase. The MLS data on the Service is owned by the respective MLS, and you acknowledge its copyright protections.
E. User Content and Behavior
We do not control the Content shared or uploaded by Users. As such, you acknowledge and agree that we are not responsible for any Content, and we do not guarantee its accuracy, currency, suitability, or quality. Your interactions with other Users are solely between you and those Users. We are not responsible or liable for any interactions, disputes, or outcomes arising between you and other Users. In the event of a dispute, we are under no obligation to become involved or mediate the issue.
We reserve the right to modify, condense, or delete any content, information, or other materials on the Service, including your Content, at our discretion.
F. Your Representations
You represent and warrant that you:
(i) Have the legal right to grant the rights and licenses to your Content as outlined in these Terms, and that none of your Content infringes on the Intellectual Property Rights of any party or violates any Applicable Law.
(ii) Will not sublicense, sell, assign, license, or transfer any information obtained through the Service, nor engage in any commercial exploitation of the Service.
(iii) Have the legal authority to enter into these Terms and by doing so, you will not breach or violate any agreements or obligations you may have with third parties.
(iv) Are a prospective buyer or seller of real estate in the geographic areas where we are licensed and operating, with a bona fide interest in purchasing or selling such real property.
(v) Have not entered into any agreement with a real estate broker or agent that would prevent you from using one of our offices as your exclusive broker or agent. Additionally, you do not have a contract or agreement with any third party that would interfere with our representation of you.
(vi) Will restrict your searches on the Service to properties within your financial capacity and to properties that align with your specific criteria.
(vii) Will not (a) contact any property owner or seller based on information obtained through the Service, or (b) attempt to enter or speak with a property owner or seller without an appointment arranged by us.
(viii) Will comply with all copyright restrictions related to the content on the Website, including any material or data compilations where we or others hold the copyright.
(ix) Agree that we may also represent other prospective buyers who are searching for properties that may meet your criteria.
(x) Authorize us to review and provide copies of various documents related to your transactions on the Service, including but not limited to home inspection reports and closing documents.
3. Licenses
A. License to You
We grant you a non-exclusive, non-sublicensable, non-transferable right to access and use the Service solely for your personal, non-commercial real estate searches.
B. License to Us
You grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, and distribute any content you provide to enhance or improve the Service.
C. Maps
The Service may use third-party mapping services, including Microsoft Bing Maps and Google Maps, and you agree to comply with their respective terms of use and privacy policies.
4. Ownership Rights
A. Our Ownership Rights
We exclusively own all rights, title, and interest in and to the Service and any intellectual property therein. You agree not to challenge our ownership or attempt to register trademarks or intellectual property that may cause confusion with our brands.
B. Your Ownership Rights
You retain ownership rights over content you provide, subject to the license granted to us for use of your content in connection with the Service.
5. Data and Privacy
We may collect, store, and use your information as described in our Privacy Policy. You agree to comply with the Privacy Policy and understand that we may use your input data to provide and improve the Service.
6. NAR 2024 Law for Sellers
As of 2024, the National Association of Realtors (NAR) has implemented new guidelines for real estate transactions that directly impact sellers.
A. Disclosure of Commissions
Under the NAR 2024 Law, real estate brokers and agents must fully disclose all commission arrangements between listing agents, buyer’s agents, and sellers. Sellers have the right to negotiate the commission offered to buyer’s agents. Sellers must be aware that buyers’ agents are no longer guaranteed a commission by default and that offering a buyer’s agent commission may influence the level of interest in the property.
B. Seller Responsibilities
- Transparency: Sellers must be transparent regarding their willingness to offer commissions to buyer’s agents. This can influence how the property is marketed and perceived by potential buyers and their representatives.
- Negotiability: Sellers are encouraged to negotiate commission terms with their agents and ensure that all agreements are documented clearly in writing. Both sellers and agents are responsible for complying with local, state, and federal laws related to commissions.
- Marketing and Advertising: All marketing materials, MLS listings, and other advertisements must clearly state any commission terms or lack thereof for buyer’s agents.
- Fair Representation: Sellers must ensure that they comply with anti-discrimination laws when marketing properties and negotiating sales. Any violations of these laws could result in significant penalties under federal and state law.
C. Impact on Buyer Representation
- Buyers may independently negotiate with their own agents regarding compensation, separate from the terms agreed upon by the seller.
- Sellers are encouraged to understand how these new rules impact buyer behavior and to work with their agents to determine how best to market their properties under the new commission structure.
Prime Homes and Estates LLC and Public Trust Realty Group LLC are committed to fully complying with the NAR 2024 Law and ensuring that sellers and buyers understand their rights and responsibilities under this new framework.
7. General
A. Nature of Relationship
These Terms do not create any agency, partnership, joint venture, or employee-employer relationship between you and Prime Homes and Estates LLC or Public Trust Realty Group LLC. Neither party has the authority to bind the other or make representations on their behalf.
B. Modification
We may modify these Terms at any time by posting updates on the website. Changes take effect no sooner than 30 days after posting. Your continued use of the Service after such changes constitutes your acceptance.
C. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We Both Agree to Arbitrate:
You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except for claims regarding intellectual property rights. Arbitration will be initiated under JAMS Streamlined Arbitration Rules and Procedures. Both parties waive the right to sue or go to court for relief, agreeing instead to arbitration.
No Class Actions:
Disputes must be resolved on an individual basis. Class actions, class arbitrations, or representative actions are not allowed.
Waiver of Jury Trial:
Both parties waive their constitutional and statutory rights to a trial by jury.
D. Notices
All legal notices under these Terms must be sent to arun@arunthomas.com