Co-Brokering Partner Terms of Use

e-ListState.com and the MLS SERVICE: e-ListState.com will list the Broker's property in the Realtor® MLS within 48 hours of receiving all required signed documents with respect to our Local, State and National real estate associations, Local and Regional boards and State laws. This information is then uploaded to Realtor®.com or websites provided by the MLS.

BROKER REPRESENTS: Broker repesents that Broker is licensed as a real estate broker by the State of California and is doing business in the State of California. Broker represents that Broker has a valid listing agreement with seller and will be performing all real estate services in accordance with the listing agreement. Broker will provide at least one still image of the property in the .jpg format. Broker will provide to e-ListState.com a copy of the executed listing agreement containing the following paragraph:

"Owner understands and agrees that YOUR COMPANY NAME", in YOUR COMPANY NAME's discretion, may co-list with Leslie Young, Broker (DRE 01430215) of e-ListState.com on the MLS listing for the purpose of placing the property into the MLS system. The role of e-ListState.com is to perform data entry into the MLS and the referral of leads to YOUR COMPANY NAME. e-ListState.com does not represent the seller in negotiations and does not receive a commission when the property sells."

MANDATORY UPDATES: The MLS requires timely submissions of any changes, sales contract information, etc. and may impose fines or penalties on the listing for non-compliance. Broker is required to notify e-liststate.com in writing (via email or FAX) of any changes within 24 hours as to availability, acceptance of offer, close of escrow, transfer or sale. If Broker fails to notifiy e-ListState.com in writing within 24 hours, any fine or penalty placed on the property listing by the MLS will be the sole liability of the Broker and not e-ListState.com. e-ListState.com reserves the right to withdraw any MLS listing from the MLS data base if Broker fails to comply with the mandatory updates or for failure to provide real estate services to Seller in accordance with the listing agreement or for non payment of services rendered by e-ListState.com. The Broker is solely responsible for the accuracy of all information provided to e-ListState.com. Broker and e-ListState.com must comply with all applicable MLS provider rules and regulations and California State Law.

BROKER FEES: Broker agrees to pay e-ListState.com upon activation of said listing in the MLS. Service fees are not to be construed as a commission, but for advertising and professional services rendered. e-ListState.com reserves the right to withdraw the listing from the MLS if payment is not received within 72 hours of payment due notification.

OUR PROFESSIONAL SERVICE GUARANTEE: As the Professional Service Provider for the MLS and advertising, e-ListState.com guarantees to list Broker's property in the local Realtor® MLS within 48 hours with respect to the local and national real estate associations, local and regional real estate licensing boards and the California Department of Real Estate. Should e-ListState.com not be able to place the property into the local MLS, the co-broker listing fee will be cheerfully refunded in the entirety.

PROPERTY INSPECTIONS: It is the sole responsibility of the Broker to independently verify the accuracy and completeness of all information contained within each property listed by e-ListState.com in accordance with the terms and conditions of the listing agreement and California State Law. Broker represents that the information provided to e-ListState.com is truthful and accurate to the best of Broker's knowledge and instructs e-ListState.com to rely upon the information provided by Broker for input into the MLS. e-ListState.com is not responsible for the condition of any property or the accuracy and completeness of the information provided to e-ListState.com for the MLS and advertising purposes.

FAIR HOUSING STATEMENT: e-Liststate.com supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin: Broker warrants the property listed is being offered in full compliance with the Equal Housing Act, federal, state and all local anti-discrimination laws.

AGENCY RELATIONSHIP DISCLOSURE:  e-ListState.com acknowledges an agency relationship exists as required by the California Department of Real Estate between the Broker and the Seller.  A Limited Agency Relationship exists between e-ListState.com and Seller. e-ListState.com and Broker have entered into a limited co-broker agreement. This agreement is for the data entry of the listing into the MLS, the maintaining of the listing in the MLS and for the forwarding to Broker of all leads and inquiries for the listing. No other contract and/or fiduciary relationship and/or obligation is being created. This agreement relationship herein terminates upon acceptance of an offer, sale and/or transfer of ownership of this property , cancellation of listing agreement or creation of a dual agency with another licensed real estate agent or broker or a Transaction Broker to effect a sale of the subject property.

RELEASE CLAUSE: Because of the limited relationship that exists between the Broker and e-liststate.com, the Broker hereby agrees to indemnify, release and hold harmless without recourse e-ListState.com, and it’s agents, brokers, and employees for all legal actions or claims including any attorney’s fees, awards, fines and/or judgments or any other loss which may occur in reference to the sale, transfer or the Realtor MLS listing information as published in reference to the Broker’s property or for services provided by e-ListState.com. e-ListState.com is not responsible for information published. In the event that an action and/or claim arises regarding any acts of omissions, negligence and/or all other liability, Broker agrees to indemnify, defend and hold harmless e-ListState.com from said action and/or claim.

Should any court, mediator or tribunal of alternative dispute resolution find e-ListState.com liable or negligent, Broker hereby expressly agrees to limit e-ListState.com’s liability to an amount equal to the co-broker listing fee paid by the Broker or Seller hereunder as liquidated damages with respect to any and all such liability and to promptly and fully pay all third parties any/all amounts due in excess thereof.

DISCLAIMER CLAUSE: The information published on this website may include inaccuracies or typographical errors. Changes periodically occur to the information contained herein. e-ListState.com may make improvements or changes to this website at any time without notice. In no event shall e-ListState.com be liable for any damages arising out of or in any way connected with the use of this website. e-ListState.com maintains this Website as a service to Internet users and its sole use is privileged to the viewer. All information is provided without warranty of any kind, either express or implied. Access and use of the Website and all links are subject to the terms and conditions set forth herein and to all applicable laws regulating the use of the Internet and those relating to the use of information. The use of this Website is also subject to all applicable laws involving copyrighted materials and intellectual property. e-ListState.com reserves the right to revise the terms and conditions for access to its Website.