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90 Day
Buyer Guarantee
The “Property Owner” or Agent of “Property Owner” hereby grants to Spokanebyowner.com Inc. (Advertising Agency) from date hereof until midnight of 90 days from this date the non-exclusive right to advertise the real property (“Property”) on the web site Spokanebyowner.com for a non-refundable advertising fee of $489.95 for a property priced over $85,000 and $429.95 for a property priced under $85,000. IT IS AGREED BETWEEN THE PROPERTY OWNER AND ADVERTISING AGENCY AS FOLLOWS: 1. Property Owner may, at their expense, advertise their property along with their unique web site address in any major newspaper, real estate fliers, on a real estate television show, on an approved Spokanebyowner.com yard sign using the Spokanebyowner.com logo provided it has come from an approved vendor or has been cleared in writing, and any other medium agreed to in advance in writing by Spokanebyowner.com. 2. Property Owner agrees that Spokanebyowner.com is not an agent of the Property Owner nor do they represent the buyer or the seller in real estate. Furthermore, Spokanebyowner.com and or its’ representatives have not given the Property Owner any real estate or legal advice, nor guaranteed the Property Owner success in marketing and selling the Property by owner. 3. Property Owner warrants he/she has the right to sell the Property: Owner is the Owner of record of the Property and/or has full authority to execute this Contract. Property Owner warrants that the Property information supplied to the Advertising Agency is correct. Property Owner agrees to indemnify and hold Advertising Agency harmless in the event the foregoing warranties and representations are incorrect. 4. Property Pricing: Property Owner understands that it is the sole responsibility of the Property Owner to price their property and are advised to employ a licensed appraiser if Property Owner needs a price opinion. Spokanebyowner.com Inc. does not offer market analysis or appraisals. In addition, Property Owner understands that Spokanebyowner.com Inc. will not view or inspect Property. 5. Sale of Property: Property Owner shall promptly inform Advertising Agency, in writing via email or fax, of any change of the sale price of the Property and/or any other material changes in the terms of the sale and/or availability of the Property. Property Owner agrees to notify the Advertising Agency of the sale status of the Property within 24 hours of acceptance of any offer, contingent offer, property sold subject to an inspection, property sold pending closing, property sold and sale has closed. Failure to notify Advertising Agency of a sale within 72 hours of closing will result in an additional charge of $35 to property owners' credit card if discovered by spokanebyowner.com, if you are the first to bring your closing to our attention in writing no charge will occur. All of this information is necessary to keep the Spokanebyowner.com web site current and accurate for prospective buyers. 6. Change Orders: Property Owner will receive 1 price or telephone change per month at no charge if they occur. After notification, Property Owner has 5 days to review their web site for typing errors, after which any minor changes to the site can be made at a fee of $15 per occurrence and major changes will be billed at the current hourly rate of $35. 7. Indemnification/Hold Harmless: Property Owner or Representative irrevocably agrees to indemnify and hold harmless Spokanebyowner.com Inc, and all its’ representatives and/or owners involved in the advertising for any claim, demand, cause of action, loss or damage, incurred by them and the defense thereof arising from the Property Owner’s failure to comply with any agreements pertaining to the advertising and/or sale of the Property referenced in this Agreement. The venue of any suit shall be in Spokane County. In the event of litigation to enforce or interpret the terms of this Agreement, the prevailing party shall be awarded their reasonable attorneys’ fees and costs incurred as a result of such litigation. 8. Tax and Legal Advice: Property Owner is informed of the advisability to seek legal and/or tax advice prior to signing any real estate documents or agreement including, but not limited to this Exclusive Right to Advertise agreement. Property Owner understands and agrees that Spokanebyowner.com and/or its’ representative have not given any such advice. 9. Advertising Guarantee: Property Owner may cancel their advertising without penalty if they choose to make their property no longer for sale. Property Owner may cancel their advertising prior to the 90 day period without penalty. If the Spokanebyowner.com web site fails to find an acceptable buyer within the 90 day advertising agreement period, at Property Owner’s sole discretion, Property Owner may extend their advertising an additional 90 days without charge. If Property Owner cancels their advertising, all advertising fees paid are non-refundable, regardless of the reason for cancellation. If Advertising is cancelled or expires for a period exceeding thirty (30) days, the advertising fee for a new advertiser shall apply. If Advertising Agency elects to terminate this agreement, Advertising Agency shall promptly refund the advertising fee paid to Spokanebyowner.com hereunder, otherwise said fee is NON-REFUNDABLE. 10. Facsimile and E-mail Transmission: Facsimile and/or E-Mail transmission of any signed original document or notice, and retransmission of any signed facsimile and/or E-Mail transmission or notice, shall be the same as delivery of an original. All changes to Property web site shall be made in writing via fax or E-Mail transmission and cannot be honored if given verbally. 11. Disclaimer/Seller’s Insurance: Spokanebyowner.com Inc. is not responsible for loss, theft, or damage of any nature or kind whatsoever to the Property and/or to any personal property therein. Spokanebyowner.com Inc. is not responsible for any complications arising out of the sale of the Property or associated with any documents procured from Spokanebyowner.com Inc or through its’ affiliates, agents, advertisers, or referral law firms or brokers. 12. Non-Exclusive Right to Advertise: Property owner may place whatever marketing signs in the yard they deem necessary except signs advertising the home on the Multiple Listing Service with a company outside of Spokanebyowner’s MLS program, or signs for a real estate agent. If a spokanebyowner.com yard sign is on the property, no other signs shall be attached to the spokanebyowner.com sign, but additional signs may be present in the yard. Property Owner may not advertise the property on the Multiple Listing Service (MLS) except through Spokanebyowner.com’s MLS Service. Properties found to be on the MLS with any other service will be removed from the Spokanebyowner.com website. No refunds will be given. 13. Money Back Guarantee: If Spokanebyowner.com fails to help Property Owner find an acceptable buyer within 90 days, property owner may choose to use a traditional real estate agent, we will refer Property Owner to a traditional real estate agent from our Preferred Agent Partnership Program (PAPP) and Property Owner will receive a refund of up to $300 of the Internet Web Site fee paid hereunder and yard sign rental upon the closing of escrow with that agent. If Property Owner chooses a hybrid, reduced, non-traditional or modified listing as referred to by Spokanebyowner.com, or an agent not in the PAPP, then no refund shall be available. |
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spokanebyowner.com© does not
represent the buyer or seller. All information contained in advertisements has been
provided by the seller. |
