REMAXnova.com TERMS OF USE

PLEASE READ THIS TERMS OF USE AGREEMENT ("TERMS") CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.


Acceptance of Terms and any Revisions

These Terms set forth the terms of use for the website operated by RE/MAX nova, Real Estate Brokerage ("RE/MAX nova") at www.REMAXnova.com (the “Site”). RE/MAX nova is a Licensed Real Estate Brokerage in the Province of Nova Scotia. RE/MAX nova reserves the right to change, modify, add or remove portions of these Terms at any time. Such changes, revisions or modifications must be effective immediately upon notice to you, which may be given by any means including, without limitation, via posting on the Site. The most recent version of these Terms will be available here or you to access. Your continued use of the Site after such notice must be deemed to constitute acceptance of such changes, revisions or modifications.

By accessing the Site you confirm that you have the legal capacity and authority to be bound by these Terms. Such authority is also implied for any and all subsequent parties that you may represent. Failure to agree to these Terms revokes all permissions to continue to access and use the Site.


Uses and Restrictions

You may access and use the Site and the information, features and services thereon (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms.

You must provide a legally owned email address along with your legal name upon registering to use the Site. You must not use an email provided to you by your real estate brokerage to access and use the Site. Acceptance of these Terms confirms that you are not using an email address provided to you by your real estate brokerage.

You must not register more than one account to access the Site.

Subject to these Terms, RE/MAX nova grants you a non-exclusive, non-transferable, revocable licence to use the Site and the Content solely for your own personal and non-commercial use. Content may only be printed, copied or saved onto your own computer for your personal and non-commercial use.

You must not access or use this Site or the Content for commercial use, unless express written permission has been obtained by you from RE/MAX nova. Commercial use includes but is not limited to using the Site or the Content for the purpose of advising a third party, producing reports, or conducting appraisals in return for compensation directly or indirectly by a real estate brokerage, a commercial entity or an individual. Use of the Site or the Content in your capacity as a Licensed Brokers, Associate Brokers, Salespersons, mortgage brokers, mortgage lenders, appraisers, lawyers, builders, property developers, or administrative representatives of any of the aforementioned examples is deemed to be commercial use.

RE/MAX nova invites you to view, use and download a single copy of the Content for your informational, personal, non-commercial use. Except as otherwise provided herein, no part of any materials, information, software, products or services included in or available through this Site may be copied, downloaded or stored in a retrieval system, nor may the same be used, modified, reproduced, republished or redistributed for any purpose, without the express written permission of RE/MAX nova. The prohibited uses expressly include but are not limited to any activity intended to collect, store, re-organize, summarize or manipulate the Content (whether via an electronic or a manual process).


Electronic Communications

You agree that RE/MAX nova may send electronic communications, including but not limited to by email or SMS message, to you containing property information, account information, updates, marketing materials or any additional information RE/MAX nova deems pertinent in the operation and marketing of the Site to you. In accordance with the REMAXnova.com Privacy Policy, any personal information provided by you will not be distributed or sold to third parties at any time.


Third-Party Data

This Site and the Content contain data that is owned by third-parties and for which RE/MAX nova has obtained a license to use (the “Data”). You agree to use the Data for personal viewing use only and for no other purposes. For any other use, written permission or licensing agreements, where applicable, must be obtained by you from the owners of such Data.

This Site and the Content includes Data which is the property of the Province of Nova Scotia. Copyright of the Data and all intellectual property rights in the Data must at all times remain the property of the Province of Nova Scotia. All rights reserved.

RE/MAX nova makes no warranties, expressed or implied, as to the accuracy or completeness of the Data. RE/MAX nova is not liable for any damages or costs incurred by you as a result of your use of or reliance upon the Data provided within the Site or the Contents. RE/MAX nova advises you to verify Data with the owners of the Data or with a qualified professional prior to using the Data in consideration of the acquisition or disposition of Real Property.


Third-Party Websites

This Site contains links from this site to other web sites, which are arms-length to RE/MAX nova and which may otherwise link you to other websites on the Internet. These other websites are not under the control of RE/MAX nova, and you acknowledge and agree that RE/MAX nova is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of such websites. The inclusion of such a link does not imply endorsement of the website by RE/MAX nova or any association with its operators, and RE/MAX nova disclaims all liability with respect to such linked websites, including, but not limited to, your access to and/or use of the same.


Third-Party Links

If you want to include a link to the Site on your website (the “Third Party Link”), you must:

  1. Provide RE/MAX nova with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
  2. Obtain the prior written consent of RE/MAX nova to establish the Third Party Link and abide by any terms and conditions required by RE/MAX nova as part of its consent.

RE/MAX nova may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to you. Upon exercise of this right by RE/MAX nova, you must immediately remove all of your links to the Site and must cease all use of the RE/MAX nova intellectual property. If you refuse or neglect to remove all of your links to the Site or to cease using the intellectual property, you acknowledge that such refusal or neglect will result in immediate and irreparable damage to RE/MAX nova and that RE/MAX nova must be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.


Working with an Industry Member

Within the Province of Nova Scotia as dictated by the Nova Scotia Real Estate Trading Act (RETA) and the Nova Scotia Real Estate Commission (NSREC), all representation agreements must be documented in writing along with all real estate transactions. The framework which executes these regulations is called “Agency”. There are three basic forms of Agency consumers may enter into with a Brokerage such as RE/MAX nova; “Client Relationships” and “Customer Relationships” and “Transaction Brokerage”. The following excerpt from the NSREC publication Working with a Real Estate Industry Member explains the difference in representations:

Definitions

The “Brokerage (Agent)” is the real estate company under which the individual Salesperson or Associate Broker is licensed.

The “client/principal” is someone who has engaged a Brokerage in an agency relationship to act for, and on their behalf, either to buy or sell real estate.

The “customer” is a person who has not engaged a Brokerage to act for, and on their behalf, either to buy or sell real estate.

“Industry Member” refers to a person who is licensed under the Real Estate Trading Act to trade in real estate.

The “Nova Scotia Real Estate Commission's” mandate is to ensure consumer confidence by establishing standards for applicants and Industry Members in the real estate industry, which will promote higher standards of professionalism, competence, and integrity.

1. Customer Relationship

You may also choose to use the services of a Industry Member without any kind of agency relationship. This might occur, for example, when the seller’s representative is showing you a property.

In this relationship, the Industry Member has a legal and ethical duty to provide you with accurate and honest answers to questions and can provide you with all of the following services:

  • explain real estate terms and practices
  • provide and explain forms used
  • identify and estimate costs involved in a transaction
  • prepare offers or counter offers at your direction
  • present all offers promptly

An Industry Member who is not representing you cannot:

  • recommend or suggest a price other than that given by the seller
  • negotiate on your behalf
  • inform you of the client’s top/bottom line; and disclose any confidential information about the client unless specifically authorized to do so

You should not provide an Industry Member who is not your representative with any information that you would not provide directly to the other party

2. Client Relationship

Real Estate Industry Members work within a legal relationship called agency. The agency relationship exists between you, the client/principal, and the brokerage with whom the Industry Member representing you is licensed. The essence of the agency relationship is that the brokerage has the authority to represent you in dealings with others.

Brokerages are legally obligated to protect and promote your interests as if they were their own. Your Industry Member has the following duties:

  • to protect and promote your negotiating position at all times, and disclose all known facts to you which may affect or influence your decision (undivided loyalty)
  • to obey all your lawful instructions
  • to keep your confidences
  • to exercise reasonable care and skill in performing all assigned duties to account for all money and property placed in their possession while acting on your behalf

Your Industry Member will also:

  • explain real estate terms and practices
  • provide and explain forms used
  • identify and estimate costs involved in a transaction
  • negotiate on your behalf
  • prepare offers or counter offers at your direction
  • present all offers promptly
3. Transaction Brokerage/ Facilitation

Transaction Brokerage/ Facilitation occurs when a real estate brokerage or designated agent is representing both the buyer and the seller as clients in the same transaction. Because the brokerage or designated agent has promised a duty of confidentiality, loyalty and full disclosure to both clients simultaneously, it is necessary, if both clients consent, to limit these duties in this situation.

The Industry Member will, for both the buyer and seller:

  • explain real estate terms and practices
  • provide and explain forms used
  • identify and estimate costs involved in a transaction
  • prepare offers or counter offers at your direction
  • present all offers promptly

Under this relationship, the Industry Member cannot:

  • recommend or suggest a price other than that given by the seller
  • recommend to the buyer what they should offer
  • negotiate on either parties behalf
  • inform either party of the other’s top/bottom line
  • disclose any confidential information about the other party unless specifically authorized to do so
Two Agency Models

There are two different agency models practiced by brokerages in Nova Scotia: Common Law Agency and Designated Agency. The Industry Member reviewing this brochure with you will indicate which model their brokerage uses:

1. Common Law Agency

Under this model, all Industry Members working for the brokerage have an agency relationship with the seller, which means that they all legally represent the seller under the common law. If you, as a buyer, have entered into a relationship with an Industry Member working with this brokerage as a client, and are interested in negotiating on a property offered for sale by this brokerage, you would normally enter into a transaction brokerage relationship, as described in this brochure. If you have not had a previous relationship with an Industry Member of this brokerage, you would be provided services as a customer as described in this brochure.

2. Designated Agency

This model allows for a seller to be represented by a specific Industry Member, rather than the whole brokerage. This means that all Industry Members at the brokerage do not represent every seller listed with the brokerage. This model also allows a buyer to be represented by their own Industry Member in any negotiations that they may do, regardless of whether the property they are interested in is listed with that brokerage or another one. This is called designated agency because the brokerage designates that the Industry Members represent specific buyers or sellers. Should the same Industry Member happen to represent both a buyer and seller that end up wanting to negotiate, then that Industry Member would normally act as a transaction facilitator for the purposes of the real estate transaction.

In both situations described above where transaction brokerage is offered, and either the buyer or seller insist on full representation, they would have to get representation from another brokerage in the case of the Common Law model or from another Designated Agent at their brokerage in the case of the Designated Agency model. They also have the option of having their lawyer represent them.

Privacy

Industry Members recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal law.

Industry Members believe that making you aware of how your personal information will be used and to whom it is disclosed will form the basis of a relationship of trust between you and your Industry Members. Your informed consent is required for the collection, use and retention of personal information.


For further information on the Real Estate Industry in Nova Scotia, contact NSREC: 7 Scarfe Court Suite 200, Dartmouth, NS B3B 1W4. Phone: (902) 468-3511


Your Relationship with RE/MAX nova

As a licensed real estate brokerage, RE/MAX nova is obligated to inform you about the types of relationships that you may choose to have with a brokerage. These underlined terms in this section are defined in the section above titled “Working with an Industry Member.”

Access and use of the Site by you means you are a Customer of RE/MAX nova. Access and use of the Site or the Content by you does not constitute the provision of advice by, create agency with, or make you a Client of RE/MAX nova. You may choose to become a Client of RE/MAX nova but only through a signed representation agreement prepared by a RE/MAX nova Associate Broker or Salesperson. Without a signed representation agreement, RE/Max nova through its licensed agents cannot provide advice to you or create an agency relationship with you.

RE/MAX nova is a Designated Agency Brokerage.

By accepting below, you acknowledge the following:

  • You have read and understand your relationship with RE/MAX nova as outlined in this section and the section titled “Working with an Industry Member”;
  • You understand that you are a Customer of RE/MAX nova through access and use of the Site;
  • You may choose to become a Client of RE/MAX nova upon signing a representation agreement with RE/MAX nova; and
  • You understand that RE/MAX nova is a Designated Agency Brokerage.

Disclaimer of Warranties

The Site and the Content are provided “as is” and “as available” for your use. The Site and the Content are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. RE/MAX nova and its affiliates do not warrant that the Site and the Content are accurate, reliable or correct; that the Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Your use of the Site is at your sole risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.


Limitation of Liability

Under no circumstances shall RE/MAX nova or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of, of inability to use, the Site or the Content. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or other legal theory, even if RE/MAX nova has been advised of the possibility of such damages. In the event some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, RE/MAX nova’s liability in such jurisdictions shall be limited to the extent permitted by law.


Indemnification

You agree to defend, indemnify and hold harmless RE/MAX nova, its affiliates and their respective employees, contractors, agents, officers and directors from all liabilities, claims and expenses (including reasonable attorneys' fees) that arise out of or are related to your violation of these Terms or your violation of any third-party rights.


Governing Law

These Terms shall be governed by the laws of the Province of Nova Scotia, Canada without regard to the conflicts of laws rules of any jurisdiction.

Any dispute arising from these Terms or your access and use of the Site and the Content shall be the exclusive jurisdiction of the Courts of the Province of Nova Scotia, Canada as the proper and most convenient forum for the final determination of any matters in dispute. You waive any objections based on jurisdiction in any such claim, action and/or proceeding.


Termination

RE/MAX nova reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice, for any reason or no reason, including without limitation your violation of these Terms. Grounds for termination of your access to all or part of the Site include but are not limited to:

  • Use of the Site or Content for non-personal or commercial use;
  • Collection or redistribution of data contrary to the Terms; or
  • Solicitation of property owners, other users, or any other entity within the Site.