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REBATE AGREEMENT
NuView Realty, Inc. ("NuView Realty") may offer a rebate to its home-buying clients. A rebate is available only to buyers who close escrow/proceed to final settlement with NuView Realty acting as their sole and exclusive agent in the purchase of real estate. The rebate will be paid either in the form of a reduction of closing costs or by check, upon the successful close of escrow/settlement. Rebates are calculated as follows: For homes with a final sales price of $5O, OOO.OO or more, the rebate is twenty-five percent (25%) of the cooperating broker commission actually received by NuView Realty at the close of escrow/settlement for representing the buyer net of any allowances or other deductions by NuView Realty related to the transaction. Occasionally, the seller and/or listing broker in a transaction will offer the broker representing the buyer a bonus or other additional incentive over and above the cooperating brokerage Commission. Any such bonuses or other additional incentives are separate and apart from the cooperating brokerage commission actually received by NuView Realty and buyer is not entitled to a rebate on any bonus or other additional incentive monies paid to NuView Realty over and above the cooperative broker commission. For homes with a final sales price of $49,999.99 or less, the rebate is Two Hundred Fifty Dollars ($250.00). The amount of the cooperating broker commission received will vary on individual properties. The rebate will be paid or credited to the party or parties named as the "buyer(s)" or "borrower(s)" on the HUD-1 Closing Statement or equivalent official closing statement. In the case of an IRC § 1031 Tax Deferred Exchange ("Exchange"), the party named as the ''buyer or borrower" is the Qualified Intermediary (the ''Exchange Company") and the rebate will be paid or credited to the Exchange Company for the benefit of the party conducting the exchange (the ''Exchanger''). All buyers, or in the case of any Exchange, the Exchanger must sign this Rebate Agreement before any rebate will be issued. This rebate program is only available where permitted under state and federal law and when not otherwise prohibited by the buyer's lender(s). There may be tax consequences to the rebate. If you need legal or tax advice, you should consult with the appropriate professional. Offer subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice.
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Privacy Policy
Last updated: 01/27/09
· We do not sell information about you to others. · We protect the security and confidentiality of information about you. · We share information outside of our company only when necessary to administer products or services we or our subsidiaries may provide, when we have your permission, when required by law, or as otherwise described in this Privacy Policy. This Privacy Policy describes how we handle your personal information for our services available through www.NuViewRealty.com (the "Site"). By accepting the Privacy Policy and the Terms of Use in registration, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy. This Privacy Policy is effective upon acceptance for new users and is otherwise effective beginning 30 days after first posted on the Site.
At NuView Realty, we adhere to a philosophy of integrity, trust, and mutual respect among all parties involved with the real estate transaction. We understand that the privacy and security of information that personally identifies you is important to you. Therefore, NuView Realty has created this Privacy Policy in order to demonstrate our firm commitment to ensure the protection of your information that is collected by us on this Site and through off-line communications with you, including telephone conversations and in-person communications.
Please read the following policy to understand how your personal information will be used while you take advantage of the services we offer. This policy may change from time to time as new features are added to the Site and as we incorporate suggestions from our users. We will post an amended Privacy Policy prominently on the Site so that you can always review what information we gather, how we might use that information, and whether we disclose it to anyone. Please check the Site at any time for the most recent version of our Privacy Policy. We may amend this Privacy Policy at any time by posting the amended terms on the Site. All amended terms automatically take effect upon acceptance for new users and otherwise 30 days after they are initially posted on the Site. If you have any questions, please feel free to contact us.
Our Privacy Policy discloses the following information:
1. What personally identifiable information is collected and how it is used
2. What general information is collected and how it is used
3. With whom personally identifiable information is shared
4. User choices regarding collection and use of information
5. User access and ability to update information
6. Security measures used to protect personally identifiable information
What personally identifiable information is collected and how it is used
NuView Realty collects personally identifiable information from you in order to respond to your requests for our products and services. Depending on the services you request, this information may include, but is not limited to, your name, address, NUVIEW REALTY Code, email address, telephone number, a login name, password, whether you plan on buying, selling or both buying and selling property, information about the properties in which you are interested and your home search criteria. If you are seeking to buy or sell a property with another person, we will collect much of the same information about them as well.
You will be asked to provide personally identifiable information at various places on our Site and through off-line communications with us, including, but not limited to, the following: · Registration — When you register to use our Site, we collect your first and last name, email address, and information on whether you are buying or selling, or both buying and selling. You will also select a Login Name and Password. Your Login Name and Password help ensure that the personally identifiable information you provide to us remains secure. Your Password should never be shared with anyone. · Search for Homes — In order to help narrow your search for a new home, we collect information from you regarding the type of home you want, including, but not limited to: price range, number of rooms, square footage, and property type. · Consult a NuView Realty Agent — If you want to consult with an agent to discuss selling real estate, we collect your first and last name, your email address, your preferred telephone number, your preferred method of contact, and the metropolitan area in which the property you plan on selling is located. In order to better serve you, we may also collect the following, optional information, including the street address, city, state and NUVIEW REALTY Code of the property you plan on selling. · Make An Offer — If you choose to proceed to this step, you will be engaged in a complete negotiation for the purchase of a new home. You will need to provide information regarding the property you wish to purchase, your telephone number, your offer amount, your down payment amount, when you would like to close, your loan officer's name, your lender's name and telephone number, whether you need to sell a property to complete the purchase and if so, the address of the property you need to sell, the listing broker of the property, the escrow number, the name of the escrow company and the closing date. The information you provide at this stage, after consultation with your Agent, will be incorporated into a purchase agreement to be presented to the seller of the property or their agent. · Make An Appointment — If you proceed to this step, we will collect information in order to have an Agent contact you to discuss the selling of your home. The information we collect includes your first and last name, email address, telephone number, preferred method of contact, the metropolitan area in which the property you are selling is located, the street address, city, state and NUVIEW REALTY Code of the property you are selling, and various times that would be convenient for you to meet with a Agent. · Email — Throughout your use of the Site, you will communicate extensively with our Agents and other staff. We will use your email address and all of the information you submit in order to provide you with guidance, suggestions and service in your efforts to sell your existing home or in your search for a new home. · Contact Us — We collect an email address in order to respond to your questions or suggestions. · Off-line Discussions and Meetings — If you choose to interact with one of our Agents, we may collect information in the course of helping you buy or sell property. The purchase or sale of real estate is a complex transaction and requires a considerable amount of information. Please note that our Site is a general audience web site. If you are under the age of 13 you should not register or provide information on this Site. We do not collect personal information from any person we actually know is a child under the age of 13.
What general information is collected and how it is used
When you visit NuView Realty, our computer system, like most, will automatically log some basic information about you and your computer, including, but not limited to, your IP address, operating system and browser software. We use this information for routine maintenance and to gather broad demographic information to help us decide how better to implement our Site.
We use "cookies" to store non-personally identifiable information to track users as they move through our Site and on to other web sites. Those cookies may trigger beacons to other web sites to prompt them to show users advertisements solely for NuView Realty's services. If a user obtains a cookie from a lead generation site and then visits and confirms registration on our Site, the cookie may trigger a beacon to the lead generation site in order to confirm lead conversion. Similarly, if a user comes to our Site through a link on another web site, NuView Realty may be required, as part of our agreement with that site, to provide that site with email addresses for the purposes of email suppression or email address invalidation. If users do not accept cookies, they will not be able to register on our Site or re-log in as registered users.
With whom personally identifiable information is shared
We recognize that the information we collect from you may, in itself, or when tied together with other information, identify you as a specific individual. Your account information and personal data is maintained by NuView Realty in order to fulfill our legal and regulatory requirements and to provide you with the information, products and services you have requested or which we believe you may want in connection with your home ownership. As a general rule, NuView Realty will not disclose your personal information to any third party except with your permission or under special circumstances where your personally identifiable information is protected, as discussed below.
NuView Realty will disclose to interested parties information pertaining to the sale of a house listed in our database. This information will be posted on our Site and in the local Multiple Listing Service (MLS) for the purpose of marketing the home to the greatest number of potential buyers.
By requesting information or services from NuView Realty or other companies specified by you, you give NuView Realty permission to transfer your information, as necessary, to the appropriate parties, such as the title insurer, homeowners insurer, lender, appraiser, escrow or settlement provider, home warranty company or inspector you select, so that they can fulfill your request and provide you with the services you require. You information may also be transmitted to other parties in a transaction or their agent. Our Agents are employees of NuView Realty. All personally identifiable information you provide to NuView Realty will be made available to your Agent and other NuView Realty employees with a need for the information. Generally, your Agent will coordinate the disclosure of your information to third parties. This will be done in much the same way as a traditional real estate agent shares information with third parties. For example, your Agent may disclose your name and the address of the property you want to purchase to a building inspector when you request our assistance in arranging an inspection of the property.
We may also share your information with our subsidiaries and with nonaffiliated companies with which we or our subsidiaries have marketing arrangements to help coordinate the services that they may provide to you in connection with your home ownership including mortgage services, homeowners insurance services, home warranties and title insurance. Unless you have consented to that sharing or to receiving services from any such company, that company will be required to protect the privacy of your information with the same level of protection that NuView Realty provides and will not release personally identifiable information about you to any other parties.
The various lending institutions, title companies, homeowners insurers, home warranty companies and other service providers you choose for your real estate transaction may each have their own privacy policies governing how they handle your personally identifiable information. NuView Realty accepts no responsibility or liability for third party privacy policies or the actions of any third party with respect to your personally identifiable information.
We may share your information with companies that assist us or our subsidiaries with essential services such as data processing or servicing accounts, as well as with companies used to update and verify the accuracy of your personally identifiable information in the records of us or our subsidiaries. These third parties are required to protect the privacy of your information with the same level of protection that NuView Realty provides and will not release personally identifiable information about you to any other parties.
NuView Realty does conduct research on our users' demographics, interests and behavior based on the information provided by the user and from our server log files. This research is compiled and analyzed on both on aggregated and individual bases. For example, we may review how many users are women, or the average price range of our users. Additionally, we may analyze the behavior of a particular user. If you came to our Site through a link on another web site, NuView Realty maybe required, as part of our agreement with that site, to provide that site with aggregated data.
NuView Realty may disclose personally identifiable information in certain circumstances when we have reason to believe that disclosing such information is necessary to contact, identify or bring legal action against someone who may be intentionally or unintentionally causing injury to or interference with our rights or property, our users, our employees or anyone else who could be harmed by such activities. We may disclose personally identifiable information when we believe in good faith that the law requires it and for administrative or other purposes that we deem necessary to maintain and improve our products and services. We may disclose personally identifiable information to a multiple listing service which provides us with listing data if, the multiple listing service suspects that a person is involved in breach of security of the data or a violation of our Terms of Use or the multiple listing service's rules. Additionally, we may disclose personally identifiable information in response to a valid subpoena or court order.
Our Site provides links to other web sites. Please be aware that when you click on one of these links, you are going to another web site even though the NuView Realty logo, banner, or tool bar may still be visible. Information you enter on these other web sites is being collected by that site, not NuView Realty. We encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours.
User choices regarding collection and use of information
On occasion, we may use your email address to send you communications with information, valuable tips, or services and product information that we believe may be of interest to you. If you do not want to receive such communications from NuView Realty, simply contact us at Randy.Wiggins@NuViewRealty.com or click on the "opt-out" link contained in the email.
You are free not to provide any of the information requested on the Site. However, certain information may be necessary or required by law in order for you to obtain some services provided by NuView Realty. Therefore, if you choose not to provide the requested information, you may not be able to access certain NuView Realty services.
Your NuView Realty account can be deleted or de-activated at any time by contacting Randy.Wiggins@NuViewRealty.com. However, you will not be able to access any of the products and services offered by NuView Realty if you choose to delete your account. When you delete or de-activate your account, NuView Realty will no longer disclose any of your personally identifiable information to nonaffiliated third parties, except as required by law. For example, some loan programs are governed by state and federal law and require the disclosure and retention of certain information regarding loan applicants. Please note that NuView Realty will never share or sell your information without your permission, except as described in this Privacy Policy.
User access and ability to update information
You may edit your preferences and the information you have provided at any time by sending email to Randy.Wiggins@NuViewRealty.com or mail to NuView Realty, Inc., 5601 Edenfield Road, Suite 1006, Jacksonville, Florida 32277. You may also visit www.NuViewRealty.com. You will need your Login ID and Password to access your account information online. If you have lost your password, you may request a new one by sending an email to Randy.Wiggins@NuViewRealty.com. You may also contact your Agent to edit the information you provide to NuView Realty.
Security measures used to protect personally identifiable information
We restrict access to the NuView Realty server and the personal information we store there by using a log-in process. When you enter the area of the Site that is designed for account holders only, you are required to provide your selected Login Name and Password. Your password should never be shared with anyone. NuView Realty will never ask you for your password in an unsolicited telephone call or email.
Email is an important communication channel for our online customers. Email sent to our Agents, Buyers or Sellers are carefully routed to the intended party. Unfortunately, no email transmission over the Internet is guaranteed secure. While we strive to protect your information, NuView Realty cannot guarantee the security of any information you transmit to us from our Site, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our system. Finally, we store all data on our system in a password protected database system, which is protected by our corporate firewall.
If you have any questions regarding this Privacy Policy, or privacy issues in general, please feel free to contact us. |
FSBO PROGRAM
By participating in NuView Realty's FSBO Program, I understand and agree that I will pay NuView Realty a buyer's broker commission of 2.5% of the sale price if a buyer introduced to me or my Property by NuView Realty purchases my Property.
In order to participate in the NuView Realty, Inc. FSBO Program, your Property may not be currently listed for sale with any real estate broker or listed in any MLS.
Definitions of Terms
"NuView Realty" means NuView Realty, Inc., a Florida corporation.
"Agent" or "Real Estate Agent" means a real estate broker, salesperson, agent, associate broker, brokerage or agency, or similar state licensed real estate professional or business entity.
"Buyer" or "Home Buyer" means a person who is buying or considering purchasing residential real property.
"Seller" means a person who is selling or considering the sale of residential real property.
"For Sale By Owner" or "FSBO" means a Property being offered or marketed for sale by the owner of the Property without listing the Property for sale with, or the assistance of, a real estate broker or agent.
"FSBO Program" is a program offered by NuView Realty where NuView Realty collects information on properties offered For Sale By Owner and FSBO Sellers who are willing to cooperate with Agents representing Buyers, for the purpose of identifying properties that may meet the needs of NuView Realty Buyers. Sellers participating in the FSBO Program are not listing their Property for sale with NuView Realty, but merely inviting NuView Realty to bring potentially interested Buyers to the Property.
"Listing Agreement" means an agreement between a Seller and Real Estate Agent (1) for the listing of real property for sale; (2) for the representation of a Seller by a Real Estate Agent; or (3) creating an agency relationship between a Seller and a Real Estate Agent.
"Property" means residential real property of the type with which NuView Realty normally conducts business located within one of the geographic areas where NuView Realty is licensed and actively engaged in the real estate brokerage business.
"Prospective Purchaser or Seller" is an individual that expressed an immediate and genuine interest in the sale or purchase of real property.
"Website" means the NuView Realty Internet website currently located at the URL address www.NuView Realty.com.
Terms of Use - Seller must be the owner of Property and be actively attempting, or have an immediate intent, to sell the Property as a For Sale By Owner or FSBO, without listing the Property for sale with a Real Estate Agent.
- Seller represents and warrants that Seller has not entered into any Listing Agreement with any Real Estate Agent for the listing or sale of the Property which is currently in effect or having previously listed the Property with a Real Estate Agent where that Agent still maintains some contractual rights under the Listing Agreement. Seller further represents and warrants that he/she has not signed any agreement with a Real Estate Agent or other third party that would prevent Seller from participating in the FSBO Program.
- Seller agrees that any information concerning the Property that is provided to NuView Realty, though the Website or otherwise, is or will be accurate. Seller must (a) provide true, accurate, and current information; (b) Maintain and update this information and ensure that it remains true, accurate, and current.
- By participating in the FSBO Program, Seller consents to receive emails, telephone calls and/or faxes from NuView Realty, its agents and employees.
- Seller understands that in the event NuView Realty has a Buyer who may be interested in Seller's Property, NuView Realty will, prior to bringing such Buyer to the Property or introducing such Buyer to Seller, request Seller to sign certain paperwork including a commission payment agreement ("Program Paperwork") whereby Seller will agree to pay NuView Realty a commission if such Buyer or other Buyer introduced to Seller or the Property by or through NuView Realty subsequently purchase the Property. Unless and until such Program Paperwork is signed, neither NuView Realty nor Seller have any duties or obligations other than as expressly set forth in these FSBO Program Terms of Use. In any purchase and sale transaction between Seller and a Buyer introduced to Seller or the Property by or through NuView Realty, NuView Realty shall represent the Buyer only and Seller shall be unrepresented (selling "For Sale By Owner") unless Seller and NuView Realty expressly agree otherwise, in writing.
- SELLER UNDERSTANDS AND AGREES THAT NO AGENCY RELATIONSHIP IS CREATED OR ESTABLISHED BY SELLER'S PARTICIPATION IN THIS FSBO PROGRAM. THE PARTIES AGREE THAT NUVIEW REALTY WILL NOT REPRESENT SELLER IN ANY TRANSACTION CONCERNING THE SALE OF THE PROPERTY UNLESS EXPRESSLY AGREED SO IN WRITING AT OR BEFORE THE TIME TRANSACTION.
- NuView Realty makes no representation or warranty, express or implied that it has a Buyer for the Property or that it will be able to procure a Buyer for the Property.
- Seller agrees that NuView Realty may represent other sellers whose property may be competing with the Property. NuView Realty has no duty to show the Property to prospective Buyers or to market the Property in any manner.
- Any Seller that holds any type of real estate license, including, but not limited to a brokers, associate brokers or salespersons license must immediately advise NuView Realty by telephone, facsimile, email or chat of such licensed status. NuView Realty reserves the right to deny or terminate participation to any real estate broker or agent at its discretion.
- Seller agrees to immediately notify NuView Realty in the event that Seller enters into a listing or other agency or representation agreement with another broker. In the event that Seller does enter into a listing or other agency or representation agreement with another broker, Seller's participation in the FSBO Program shall immediately terminate.
- Seller must provide their own access to the World Wide Web ("www") and pay any fees associated with such access.
- Seller agrees to abide by all copyright restrictions placed on the content of the NuView Realty site including, but not limited to, any material or data compilations where NuView Realty or others hold the copyright.
- To the fullest extent permitted by law, the service is provided "as is," without warranty or representation of any kind, either express or implied, as to (1) the operation of the Website, (2) the information, data, services, or products provided through or in connection with this service or (3) the ability, quality or reliability of any third party service provider accessed through or in conjunction with the use of this service.
- NuView Realty disclaims any and all warranties, including, but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of this service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
- Neither NuView Realty nor any of its officers, directors, investors, employees, contractors, agents, successors, assigns, affiliates, or content or service providers shall be liable to Seller or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of the use of this service or inability to gain access to or use this service or out of any breach of any warranty, even if NuView Realty has been advised of the possibility of such damages;
- Some states do not allow the exclusion or limitation of liability for damages. Therefore, the above limitations may not apply to you. In such states, the respective liability of NuView Realty, its officers, directors, investors, employees, contractors, agents, successors, assigns and affiliates is limited to the greatest extent permitted by such states' laws;
- NuView Realty reserves the right to terminate Seller's access to the Website and/or cease doing business with any person who uses profanity, obscenity, vulgarity or offensive, threatening, unlawful, harmful, harassing, tortious, defamatory, libelous, invasive, hateful, abusive or otherwise objectionable language, behavior or conduct in any manner towards any NuView Realty employee, agent, contractor or customer, on the Website, in emails, in telephone conversations or messages, in writing, or in person. Additionally, NuView Realty reserves the right to refuse to do business with any person in NuView Realty's discretion, consistent with local, state and federal fair housing and other laws. Further, NuView Realty reserves the right to terminate Seller's participation in the FSBO Program if Seller refuses or fails to sign Program Paperwork when requested by NuView Realty or its agents or employees.
- By agreeing to these Terms of Use, Seller acknowledges that they have read the NuView Realty Privacy Policy and agree with its terms. In addition, Seller grants NuView Realty permission to provide information to its prospective Buyers about Seller or the Property in an attempt to locate a Buyer for the Property.
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