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These Terms of Use (the "Agreement") govern the use of the Vista Pacific Realty/trueequity.net web site (the "Site"). By registering to use the Site you, the user, agree to these Terms of Use.

TERMS OF USE

1. You represent that you are an individual interested in purchasing or selling real estate on your own behalf. You may not use the Site for the purpose of acting as an agent to any third party, or for any unlawful purpose. You represent that all information provided by you to Vista Pacific Realty have been and will be answered truthfully and to the best of your knowledge.

2. Vista Pacific Realty is currently licensed to do business only in California. This Site should not be construed to be a solicitation of business in states where Vista Pacific Realty is not licensed. If your inquiry is outside of California, Vista Pacific Realty will forward your request to one its affiliates who are licensed in the desired state. Listings fees and rebates may vary depending on the affiliates.
3. This agreement creates an agency relationship between Vista Pacific Realty and you. This agency relationship shall be non-exclusive, until such time as you enter into a written listing agreement or exclusive agency agreement with Vista Pacific Realty. You represent that you have not entered into any agreement or informal arrangement with a real estate agent or agency that would prevent you from entering into this agreement with Vista Pacific Realty.
4. Before working with Vista Pacific Realty or any real estate broker, you should understand the duties of a real estate broker. You acknowledge that you have read and understood the Agency Disclosure information. You recognize that Vista Pacific Realty is working simultaneously for a number of other clients and will show homes that may be of interest to and meet the requirements of any and/or all clients.
5.  BUYERS:

  • a. As a buyer, you may use the Site to search the property listings without entering into an exclusive agency agreement with Vista Pacific Realty. However, prior to showing you any properties, Vista Pacific Realty will require you to enter into a written, exclusive agent/agency agreement with Vista Pacific Realty.
  • Many of the homes that are shown on the Site as available for sale are listings of other real estate brokerage firms and are shown to you based on your current housing requirements; these listings shall not be construed to be advertising of other broker's properties.
  • Notice: 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 Buyer and Broker (real estate commissions include all compensation and fees to Broker).
  • As a buyer, you may be entitled to a rebate when purchasing property through Vista Pacific Realty, as described on the Site. In order to receive rebate from Vista Pacific Realty, when visiting open houses, new housing tracks or calling other brokers, you should always mention that you are represented by Vista Pacific Realty. The up to 25% rebate of the commission described on the Site is based on a traditional 6% fee agreement. To the extent the agency fee agreement is less than 6% or a flat fee, the rebate will be less and you will be notified in advance. You will have the option to accept or reject the rebate at that time. There will be no rebates on purchase prices less than $200,000. Our offer is subject to conditions, limitations, exclusions, modifications, and/or discontinuation without notice. The rebate does not apply where it is prohibited by law. All transactions are subject to a $395 escrow transaction coordination fee to be paid to a third party and a $650 transaction fee to the Broker out of the rebate proceeds.
  • You agree to indemnify and hold harmless Vista Pacific Realty from claims from other real estate brokers who claim to have represented you in any transaction conducted through Vista Pacific Realty.

6. SELLERS: In order to list a property with Vista Pacific Realty, you will be required to enter into a written listing agreement with Vista Pacific Realty. If your property is currently listed with another agent or broker, your use of the Site is not intended to be a solicitation of your listing. Vista Pacific Realty reserves the right to remove any listing that Vista Pacific Realty suspects may be fraudulent or inaccurate.
7. Registration data and certain other information about you are kept private for our internal use and affiliates.
8. You agree that any electronically generated or printed messages sent to you from Vista Pacific Realty or its agent, whether in the form of general correspondence or property listings requested by you, are to be used solely by you in buying or selling a home. Listings may not be advertised, sold, or distributed and are to be considered the property of Vista Pacific Realty.
9. The Site is controlled and operated by trueequity.net at 6765 Westminster Blvd, Suite C-509, Westminster, CA 92683, telephone (714) 657-3950. All content on the Site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by Vista Pacific Realty or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Vista Pacific Realty. Such content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed and/or exploited in any way, including by e-mail or other electronic means for commercial use. Without the prior written consent of Vista Pacific Realty or the Providers, modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use is a violation of Vista Pacific Realty and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. Vista Pacific Realty and/or its respective third-party providers reserve the right to modify the contents of this Site without notice.
10. YOU UNDERSTAND THAT Vista Pacific Realty IS PROVIDING THE SITE AND ITS CONTENTS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. Vista Pacific Realty DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER Vista Pacific Realty, ITS AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. You acknowledge that any hyperlinks to web sites operated by parties other than Vista Pacific Realty are provided for your reference only. Vista Pacific Realty is not responsible for the contents of any other web site nor does the hyperlink imply that Vista Pacific Realty endorses the material or services on such web sites or any association with their operators.
12. You agree that use of the Site is at your sole risk. Vista Pacific Realty does not warrant or make any representations regarding the results that may be obtained from the use of this Site, or as to the reliability, accuracy or currency of any information, content, service, property and/or merchandise acquired pursuant to your use of this Site. You (and not Vista Pacific Realty) assume the entire cost of all necessary servicing, repair or correction of your system. YOU AGREE THAT NEITHER Vista Pacific Realty NOR THE PROVIDERS IS RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OF THIS SITE OR ANY OTHER LINKED SITE.
13. You agree to indemnify, defend and hold harmless, Vista Pacific Realty, its officers, directors, employees, affiliates, agents, licensors, suppliers and of the Providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.
14. This agreement will commence when you click the "Submit" button on the registration form. This Agreement will continue for a period of ninety (90) days and shall automatically renew for successive ninety (90) day periods unless terminated during the term. Either party may terminate this agreement upon providing a 10-day written notice to the other party but no such termination shall affect the rights, interests and obligations of the parties.
15. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action brought to enforce these Terms of Use or, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in Orange County, California, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
16. The terms and conditions of these Terms of Use represent the entire Agreement between you and Vista Pacific Realty and supersede any prior agreements or understandings. In the event inconsistencies exist between these Terms of Use and any future published Terms of Use or understanding, the last published Terms of Use shall prevail.

Privacy. For information regarding your privacy, see the Customer Privacy Disclosure.


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