Terms Of Use

• MULTIPLE LISTING SERVICE:

MULTIPLE LISTING SERVICE: Listing information about MLS listed property will be provided to a local MLS assocation including, price, terms, specifications as instructed by the owner/seller as required by the MLS. We promise to list your 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.

• SELLER AGREES TO:

SELLER AGREES TO: Owner(s)/Seller(s) is/are required to complete the "Exclusive Authorization and Right to Sell Agreement" and the "MLS Property Information Form" and return them to e-ListState.com via mail, fax or e-mail. Owner(s)/Seller(s) is/are required to provide at least one photograph of the property for the MLS. On the Exclusive Agreement, the Owner(s)/Seller(s) is/are required to indicate a reasonable commission they would be willing to pay the buyer’s Realtor® should the agent provide a ready, willing and able buyer. The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between Seller and Broker. Real estate commissions include all compensation and fees to broker. A guideline for a reasonable commission rate is usually between 2 to 4% of the property’s selling price. If the Owner(s)/Seller(s) sell the property without the involvement of a Realtor®, no buyer’s commission is due.

Owner(s)/Seller(s) understand that the property will be entered into the MLS when all required information has been submitted to e-ListState.com. As an MLS Internet service, e-ListState.com understands that information for the listing may arrive over a period of days. It is therefore understood that the MLS start dates may not reflect the term start date on the Exclusive Authorization and Right to Sell agreement. Start dates are effective the date that all required information has been submitted to e-ListState.com and will expire on the date listed in the Exclusive Authorization and Right to Sell Agreement.

• MANDATORY SELLER UPDATES: All Status Changes - Sold, Pending, Withdrawn

MANDATORY SELLER 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. Owner(s)/Seller(s) is/are 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 Owner(s)/Seller(s) fail to notify e-ListState.com in writing within 24 hours, any fine or penalty placed on the property by the MLS will be the sole responsibility of the Owner(s)/Seller(s) and not e-ListState.com.  e-ListState.com reserves the right to withdraw any MLS listing from the MLS data base if Owner(s)/Seller(s) fails to comply with the mandatory updates or for non payment of services rendered by e-ListState.com. The owner/seller is solely responsible for the accuracy of all information provided. Owner(s)/Seller(s) and e-ListState.com must comply with all applicable MLS provider rules and regulations.

• SELLER FEES:

SELLER FEES: Seller(s)/Owner(s) agrees) to hire and pay e-ListState.com upon activation of said listing and posting of listing or ad on Realtor.com the Service Package amount ordered by the seller/owner for professional services. Service fees are not to be construed as a commission. Fees are for advertising and professional services rendered.

• OUR PROFESSIONAL SERVICE GUARANTEE:

OUR PROFESSIONAL SERVICE GUARANTEE: As the Professional Service Provider for your property listing and advertising, we guarantee to list your property in the Realtor® MLS system within 48 hours with respect to our 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 place the property into the MLS within 48 hours of receiving completed documentation and at least one photograph, e-ListState.com will cheerfully refund the listing fee.

• MANDATORY PROPERTY INSPECTIONS:

MANDATORY PROPERTY INSPECTIONS: It is the sole responsibility of the Owner(s)/Seller(s) to inform all buyers to independently verify the accuracy and completeness of all information contained within each property listed by e-ListState.com in the MLS prior to the close of escrow by making a personal inspection or hiring the services of a licensed home inspector to verify the condition of the property. As e-ListState.com has not personally inspected the property, e-ListState.com is not responsible for the condition of any property. It is the sole responsibility of the Owner(s)/Seller(s) to provide e-ListState.com with a complete and accurate description of the property for advertising purposes.

• FAIR HOUSING STATEMENT:

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: Seller 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:

AGENCY RELATIONSHIP DISCLOSURE: Owner(s)/Seller(s) acknowledges an agency relationship exists as required by the California Department of Real Estate. This agency relationship between Owner(s)/Seller(s) and broker is limited to the type and terms of Agreement”. This agency relationship may terminate 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 under certain contracts. Seller may upgrade the contract type at any time prior to entering into negotiations or acceptance on an offer with Broker approval. To upgrade the contract type, Seller must contact the Broker in writing.

• RELEASE CLAUSE:

RELEASE CLAUSE: Because of the limited agency relationship that exists between the owner/seller and e-liststate.com, the Owner(s)/Seller(s) hereby agrees to indemnify, release and holds 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 and/or the Exclusive Listing Agreement as signed in reference to the seller’s property or for services provided by e-ListState.com. e-ListState.com is not responsible for information published by sources other than e-ListState.com.  In the event that an action and/or claim arises regarding any acts of omissions, negligence and/or all other liability, Owner(s)/Seller(s) 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, Owner(s)/Seller(s) hereby expressly agrees to limit e-ListState.com’s liability to an amount equal to the listing fee paid by the 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:

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. e-ListState.com reserves the right to change the price for services and the services rendered 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.