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Ohio Broker Direct, LLC
Do not Call Policy, Privacy, Security, Telemarketing, Terms and Conditions
Ohio Broker Direct, LLC understands and values the privacy of our consumers; therefore we are providing the following information in the interest of full disclosure to our Web site visitors. If you have any questions please contact us at 614.989.7215 or email firstname.lastname@example.org.
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LINK TO WEBSITES & SERVICES
The security of your information is very important to us. We use secure encryption technology to protect your order information from being decoded by anyone other than Ohio Broker Direct. Once you enter the checkout page your computer will begin communicating with our server in secure mode. You can tell that you are in secure mode by the following:
Only browsers that use encryption technology are able to order through the Ohio Broker Direct, LLC site. If your browser does not support encryption technology, you will need to locate your update/upgrade options via your browsers home page.
NATIONAL DO NOT CALL REGISTRY ACCESS
The FTC’s National Do Not Call Registry maintains a list of telephone numbers that have been subscribed to the Do Not Call Registry. This information has been made available to ensure businesses, including but not limited to, the real estate industry to enable compliance with the law.
TELEMARKETING COLD CALLS
Ohio Broker Direct, LLC, its broker and / or agents comply with Federal, state and local laws, statutes, ordinances, rules and regulations applicable to telephone calls made to consumers to market goods or services. In particular, Ohio Broker Direct, LLC its Broker and / or agents are encouraged to familiarize themselves with the Federal Trade Commission’s (FTC) Telemarketing Sales Rule and the National Do-Not-Call Registry by visiting the FTC’s Web site.
Before placing a “cold call” to a prospective new client’s residence, Ohio Broker Direct’s broker and/or agents are required to check the phone number on the Do Not Call Registry and in the company’s no-call list. If the consumers telephone number appears on either of those lists, the agent must not place the call. If the consumer’s number is not on either list, the agent may pursue the call. Despite the fact the telephone number is not on the No-Call Lists, if the consumer states he/she thought his/her number WAS on the list, the broker and or agent should apologize and terminate the call. Should the number not appear on the National Registry and the consumer request not to be contacted – Ohio Broker Direct will maintain the information in the company records so as to honor such request.
ESTABLISHED BUSINESS RELATIONSHIP EXEMPTIONS
Under the “established business relationship” exemptions, even if the client’s telephone number is one the National Do Not Call Registry, a telemarketing call may be made to the consumer with whom Ohio Broker Direct, LLC broker and/or agents has had an established business relationship for up to 18 months after the end of the transaction. If a consumer makes an inquiry to an Ohio Broker Direct broker and/or agents, a telemarketing call may be made for up to three months after the consumer makes the inquiry, even if the consumer’s telephone number is on the National Do Not Call Registry.
EXPIRED LISTINGS OF OTHER BROKERS
Ohio Broker Direct, LLC broker and/or agents are not permitted to call any person whose property is listed with another broker, but has expired, without first checking the National Do Not Call Registry and the Company No-Call list first. If the consumer’s telephone number appears on either list, that person may not be called. If the consumer’s number is not on either list, the agent may pursue the call. Despite the fact that the number is not on either list, if the consumer states he/she thought his/her number was one the list, the agent should apologize and terminate the call followed by adding the consumer’s name to the company no-call list.
EXPIRED LISTINGS OF Ohio Broker Direct’s broker and/or agents
An Ohio Broker Direct broker and/or agent may call a person who, within the previous 18 months, had listed his/her property with Ohio Broker Direct, LLC. However, if that person has requested that Ohio Broker Direct, LLC not contact them and they are on the company do not call list, they may not be contacted.
FOR SALE BY OWNERS – FSBOs
Ohio Broker Direct, LLC broker and/or agents may contact a FSBO by telephone on behalf of a Buyer client with whom the agent is working, if that client is interested in viewing and possibly purchasing the property. If the Buyer sees the property and is not interested in pursuing a purchase, but the broker and/or agent would like to list the property for sale, the agent must first determine whether the Seller’s telephone number is on the National Do Not Call Registry or on the company do not call list. If the Seller is not on either list, the agent may solicit the listing by phone. If the Seller is on either list, the agent may only call the Seller with inquiries on behalf of future prospective Buyers – not to solicit the listing. In this case, broker and or agents must be very careful to discuss only their Buyer client’s interest in viewing/purchasing the property. These restrictions apply to telephone solicitation: broker and/or agents may solicit FSBO listings in person without restriction.
OPEN HOUSE SIGN-IN SHEETS
All Ohio Broker Direct, LLC broker and/or agents open house sign-in sheets must have a space next to the prospective Buyer’s name for their telephone number and a request for permission to contact them by phone. The sign-in sheets must be completed by the prospective Buyer. Even if the prospective Buyer’s phone number is listed on the National Do Not Call Registry or the company’s do-not-call list, a Ohio Broker Direct, LLC broker and/or agents may contact them IF the agent has obtained this express written permission to call the prospect’s residence.
TELEMARKETING CALLS OUTSIDE THE MARKET AREA
If a Ohio Broker Direct, LLC broker and/or agent wishes to make a telemarketing call to a residence whose area code is not one of the area codes on the company no-call list, the agent must first research the number on the FTC web site to determine whether the phone number is on the National Do Not Call Registry. Ohio Broker Direct, LLC broker and/or agents are prohibited from calling any phone number listed on the National Do Not Call Registry.
Ohio Broker Direct, LLC broker and/or agents must not transmit a solicitation or advertisement to a telephone facsimile machine of a business or a residential consumer unless we have an established business relationship with the recipient of the transmission. We may only transmit facsimile solicitations or advertisement to recipients who have given our Company a written consent authorizing such transmissions and indicating the recipient’s facsimile number. When we are authorized to send facsimile solicitations or advertisements, our facsimile machine must clearly mark the date and the time the transmission was sent and the Company’s name and telephone number of the sending machine.
COPIES OF POLICY
A copy of this policy will be mailed to any consumer who requests it and has provided a physical mailing address, within 30 days.
Any violation or suspected violation of the Do Not Call Registry regulations, of other laws and regulations of the Company’s Telemarketing Policy must be immediately reported to the Company’s Principal Broker. If an agent receives a citation or notice of violation, the agent must immediately report the citation or violation to the Company’s Principal Broker.
If the Company is fined because of a violation by an agent of the National Do Not Call Registry rules, of any other law or regulation applicable to telemarketing calls or of this policy, the agent will be responsible for payment of any and all fines and/or penalties and shall forfeit any commissions due or that become due until either the fine is paid or the Company is reimbursed.
ENGINEERS, INSPECTORS, LEGAL COUNCIL, SURVEYORS, TAX ADVISORS, ETC.
Ohio Broker Direct, LLC advises all participants in buying and selling real estate to enlist the services of a Real Estate Attorney. Ohio Broker Direct, LLC its Broker(s) and/or Agents are not experts in, and do not provide advice to Seller concerning legal matters, tax, financing, surveying, structural or mechanical condition, hazardous material or engineering. Seller is encouraged to seek expert help from qualified professionals in such areas.
LISTING CANCELLATION POLICY
Ohio Broker Direct, LLC will allow the Client to withdraw the listing without an early termination penalty. Listings will be activated and uploaded into the MLS within 48 hours of receipt of all properly executed documents and pictures unless Client has instructed otherwise in writing (excluding weekends and holidays).
LISTING FAIR HOUSING & DISCLOSURES POLICY
Seller understands that Seller must conform to all federal, state and local laws concerning fair housing. It is illegal, pursuant to the Ohio Fair Housing Law, Division (H) of Section 4112.02 of the Revised Code and the Federal Fair Housing law, 42 U.S.C.A. 3601, as amended, to refuse to sell, transfer, assign, rent, lease, sublease or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, familial status as defined in section 4112.01 of the Revised Code, ancestry, military status as defined in that section, disability as defined in that section, or national origin or to so discriminate in advertising the sale or rental of housing, in the financing of housing, or in the provision of real estate brokerage services. It is also illegal, for profit, to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry into the neighborhood of a person or persons belonging to one of the protected classes. Seller acknowledges that “Block Busting” is illegal. Seller cannot instruct Broker(s) or Agents to convey on behalf of Seller any limitations in the sale of the property based upon any of the foregoing. Seller will provide Broker a fully completed and executed Residential Property Disclosure Form (or exemption form) to furnish to prospective buyers. Seller represents that such information is accurate and complete and does not omit or fail to disclose any material defects regarding the property known to Seller. Seller shall indemnify, defend and hold Ohio Broker Direct, LLC, its Broker(s) and/or Agents harmless from and against any and all claims, demands, suits, damages, liability, losses, or expense, including reasonable attorney’s fees, arising out of any misrepresentation, nondisclosure or concealment by Seller in connection with the sale of the property, including, without limitation, the inaccuracy or incompleteness for any complaints made by a Buyer or prospective Buyer before or after possession of the property with respect to any defect in this property.
LISTING MARKETING POLICY
The Seller gives Ohio Broker Direct, LLC, its Broker(s) and/or Agents the right to post listing information and photograph(s) on any web sites deemed suitable by Ohio Broker Direct, LLC and to any internet site the MLS has a shared agreement. Seller is to provide all photographs (whether taken personally or by professional photographer) and to ensure they have the right to post said pictures and they are not copyright protected. Seller will not provide pictures utilized by another Agent/Broker without their written consent. Seller is hereby advised that photographs may be placed in the MLS subject to rules and regulations of the MLS service and Seller shall be responsible for all fines and penalties incurred for failure to comply with said regulations. Seller indemnifies and holds harmless Ohio Broker Direct, LLC, its Broker(s) and/or Agents should any internet listings of the property not be removed from the internet if the listing has expired, leased, sold, terminated, withdrawn or otherwise. Seller indemnifies and holds harmless Ohio Broker Direct, LLC, its Broker(s) and/or its Agents pertaining to any information that is posted on any and all websites and understands that Ohio Broker Direct, LLC, its Broker(s) and/or its Agents do not have any authority to dictate or in any way alter the information posted on these websites. Ohio Broker Direct, LLC has no control over any entity or website not owned by Ohio Broker Direct, LLC. Seller agrees to carefully read the initial MLS listing for errors or missing information and will notify Ohio Broker Direct, LLC by email at sold@OhioBrokerDirect.com of any changes. Email requests for updates and changes shall be considered as legally binding as a handwritten signature. Seller indemnifies and holds harmless Ohio Broker Direct, LLC, its Broker(s) and/or Agents of any inaccuracies therein. Ohio Broker Direct, LLC, its Broker(s) and/or Agents do not make any guarantees or warranties about the sale of this property.
Ohio Broker Direct, LLC will provide Seller with a professional for sale yard sign if a sign is to be displayed. If for any reason the area in which the property is situated requires a customized sign with specific colors to comply with code, HOA/COA regulations or otherwise, the Seller is responsible for having one made and it must be approved by Ohio Broker Direct, LLC to ensure compliance with MLS, local board, NAR and State of Ohio regulations. Seller will not violate any Federal or State rules and regulations pertaining to any means of advertisement whether it is written or oral. Seller will not advertise the property at a price that is lower than the Listing Price reflected in the MLS or use the Ohio Broker Direct name or logo or MLS number in any advertisement placed independently by the Seller. Seller hereby acknowledges Seller is the legal title holder of the property or has legal authorization to facilitate the sale or lease of said property. If the Seller is not the legal title holder, the signor shall provide a copy of the legal document (in accordance with Ohio law) authorizing the signor to sign on behalf of the title holder-such as a valid power of attorney, LLC or other corporate documents, trust agreement or estate verification if signing as the executor or executrix. Violation of this or any part of the listing agreement gives Ohio Broker Direct, LLC, and it’s Broker(s) and/or Agents the authority to terminate the listing without notice or recourse. Additionally, the Seller hereby agrees to pay any fines incurred by Ohio Broker Direct, LLC its Broker(s) and/or Agents in the event the Seller has caused Ohio Broker Direct, LLC, its Broker(s) and/or Agents to be in violation of the MLS rules or any rule and regulations set forth by the State of Ohio, Ohio Division of Real Estate, National, State, or Local Real Estate and/or Realtor Associations. If the Seller wishes to use an information box or tube, or other such marketing device, said items must be purchased by the Seller. Ohio Broker Direct, LLC will not supply these items. Seller is solely responsible for vetting the buyer, their agent if applicable, scheduling all showings and providing access to the property. If Seller chooses to use a lock box, Seller shall provide their own Lock box. Broker advises Seller that a lock box is not a security device. Using a lock box may increase showings however the use of a lock box involves risks (for example: unauthorized entry, theft, property damage, or personal injury). Neither the Association of Realtors, nor the MLS, nor Ohio Broker Direct, LLC require the use of a lock box. Ohio Broker Direct, LLC, its Broker(s) and/or Agents are not responsible or liable in any manner for personal injury to any person or for loss or damage to any real or personal property resulting from any act or omission not limited to injuries or damages caused by any party.
Ohio Broker Direct, LLC reserves the right to further market properties that have been sold via any of our listing programs on any website deemed appropriate by Ohio Broker Direct. Marketing may including the sum of monies saved by the Seller as calculated based upon a 6% commission and will exclude any flat fees paid by said Seller.
LISTING NOTIFICATIONS, SIGNATURES & UPDATES
Seller hereby agrees to notify Ohio Broker Direct, LLC in writing via Sold@OhioBrokerDirect.com) all supporting documentation of any change in the status of the Sellers home within 24 hours thereof. Such changes include, but are not limited to, changes in property condition which may require modification of any disclosure statements or MLS remarks, acceptance of a purchase contract, counter offers, request to remedy or other supporting documentations to facilitate a cancel, contingent, pending, sold, terminated or withdrawn status. Seller will immediately reimburse Ohio Broker Direct, LLC for any MLS or other fines levied against Ohio Broker Direct, LLC, its Broker(s) and/or Agents resulting from Seller’s failure to notify Ohio Broker Direct, LLC in writing of a change in the status of Seller’s listing. Seller, via this Listing agreement hereby instructs the title/closing company to show the fee/commission paid to Ohio Broker Direct, LLC on the closing disclosure as paid outside closing (POC) and hereby authorizes the title company to provide Ohio Broker Direct, LLC a copy prior to closing for review and after closing with all signatures. To ensure compliance with all regulations, Seller shall provide a signed copy via email (Sold@OhioBrokerDirect.com) to Ohio Broker Direct, LLC immediately after closing to ensure the listing is updated so no fines are incurred.
The Uniform Electronic Transactions Act (UETA) – Section 7 (d) states “If a law requires a signature, an electronic signature satisfies the law.” Typing your Initials and/or Signature shall be considered your Electronic Signature and is as binding as a handwritten signature.
LISTING REFUND POLICY
There will be no refunds once the listing has been activated in the MLS. Client has 6 months from the date of purchase to submit all documents and pictures required to activate the listing in the MLS, at which point there will be no refunds unless otherwise agreed to in writing by all parties.
LISTING RENEWAL POLICY
In the event a property has not sold during the listing period the Client, at the Brokers discretion, may renew the listing for a minimal fee of $100.00 as long as the listing is renewed and payment received prior to the expiration date.
Ohio Broker Direct, LLC reserves the right to terminate the listing without notice and without recourse should it be discovered the Client is not the owner or authorized Seller of the property, or has in any way violated Ohio law, MLS rules and/or regulations or terms of the listing agreement. This includes, but is not limited to a Client instructing Ohio Broker Direct, LLC or its Broker and/or agents in any way not to comply with the laws, regulations or terms set forth by the Ohio revised code or MLS. Ohio Broker Direct, LLC its Broker(s) and/or Agents make no other commitments or guarantees, verbal or implied, regarding this agreement or any aspect of the showing, sale and closing of this property. Non-compliance with any part of the listing agreement and/or harassment, physical abuse, verbal abuse or any behavior deemed to be threatening toward any Broker or Agent gives Ohio Broker Direct, LLC and its Broker(s) or Agents the authority to terminate the listing and, cancel or withdraw the listing from the MLS without refund, notice or recourse. This Agreement contains all covenants between the parties and may only be modified in writing with each change initialed and signed by all parties hereto. There are no oral representations made that are not contained herein and no oral modifications of this Agreement are allowed. Seller agrees that the limit of Ohio Broker Direct, LLC liability under this Agreement and/or related to Ohio Broker Direct, LLC performance of the services mentioned herein is strictly limited to the service fee paid to Ohio Broker Direct, LLC by Seller and no more.
Ohio Broker Direct & its Brokers or Associates assumes no responsibility or liability for any errors or omissions on this website and we advise all participants in buying or selling real estate to enlist the services of a Real Estate Attorney.