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Terms and Conditions /last updated: January 24, 2019
AGREEMENT BETWEEN USER AND THE BROOKE ADAMS AGENCY, LLC d/b/a WOODLAND REALTY, LLC
Woodland Realty, LLC is owned solely by The Brooke Adams Agency, LLC. The term 'Woodland Realty, LLC,' 'The Brooke Adams Agency, LLC,' or 'us' or 'we' refers to the owner of the website whose registered office is 2995 E. Point St, Ste 154, Atlanta, GA 30344. Our corporate phone number is (678) 695-6990. The term 'you' refers to the user or viewer of our website.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE OR COMMITTING TO OUR SERVICES. YOUR ACCESS AND/OR USE CONFIRMS YOUR ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DON'T AGREE, UNDERSTAND OR FULLY ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
Woodland Realty, LLC provides visitors with access to its content, knowledge base, resources, tools and other services. All services are subject to the Terms and Conditions, in its entirety.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
This website is not directed towards residents of the European Union. Under no circumstances are residents of the European Union permitted to visit our website and share their personal information.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and any dispute arising out of such use of the website is subject to the laws of Georgia, USA.
Woodland Realty, LLC offers three service plan options for home sellers: Savvy Seller Home Listing Package, Seller Express Home Listing Package, Full Service Listing Package. Prior to starting services, you will sign the following forms:
1. Exclusive Listing Agreement
2. Seller Disclosure Statement
Our firm also manages home buyer related transactions. If you are a home buyer, prior to starting services, you will sign the following forms:
1. Exclusive Buyer Broker Agreement
The services that Woodland Realty, LLC offer may include the following:
Correspondence with lending institutions and closing attorneys
Consulting, coaching, education, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
In return, for the services above, you agree to pay fees as outlined in your client agreement. You have the right to cancel your your Exclusive Listing Agreement and Exclusive Buyer Broker Agreement at any time for for any reason. We only accept cancellations in writing.
Two of our listing packages are flat fee MLS listing fees. These fees are refundable up to 48 hours after signing your listing agreement. If you cancel your Savvy Seller or Express Seller services after 48 hours, then your fees are considered fully earned. You also agree to pay a $25 listing withdrawal fee if you decide to remove your home for sale with our firm prior to your listing expiration date. The Savvy Seller Listing Package requires a three-month minimum marketing period. The Express Seller Listing Package is a month-to-month plan but we recommend leaving your home listed for sale for at least three months.
It is understood that we offer services that relate to the transfer of real property. We make every effort to ensure the accuracy of the information and to clearly explain your options. However, we do not provide legal advice (i.e.; the application of the law to your individual circumstances). For legal advice, please consult an attorney.
Conditions of Use
THESE TERMS AND CONDITIONS APPLY TO THE USE OF ALL MATERIALS, EMAILS OR ONLINE COMMUNICATIONS, INFORMATION PROVIDED BY PHONE, THROUGH SOCIAL MEDIA OR OTHERWISE. BY ACCESSING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE, WITHOUT LIMITATION TO EACH CONDITION CONTAINED HEREIN. THESE TERMS AND CONDITIONS MAY BE REVISED FROM TIME TO TIME BY UPDATING THIS PAGE. THE DATE OF THE LAST REVISION WILL BE NOTED ABOVE. THESE TERMS AND CONDITIONS FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THESE STIPULATIONS, PLEASE DISCONTINUE THE USE OF THIS WEBSITE AND SERVICES IN THEIR ENTIRETY. WE RESERVE THE RIGHT TO DISCONTINUE ACCESS TO THIS WEBSITE OR YOUR ACCOUNT AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE VIOLATED THESE TERMS AND CONDITIONS OF USE.
Disclaimer of Warranties
THE USE OF THIS WEBSITE AND ITS CONTENTS ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WOODLAND REALTY, LLC, ITS AFFILIATES, PARENT COMPANY, PARTNERS, OFFICERS AND OTHER ASSOCIATES DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE, ANY USE OF THIS WEBSITE AND ANY WEBSITE TO WHICH THE WEBSITE IS LINKED. COMPANY DOES NOT WARRANT THAT THE MATERIAL ON THIS WEBSITE IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS WEBSITE OR SERVER OR ANY MATERIAL ON THIS WEBSITE IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
A “DISABLING DEVICE” IS DEFINED AS ANY SOFTWARE, DOCUMENT, MESSAGE OR OTHER MATERIAL WHICH CONTAINS A COMPUTER VIRUS, WORM, TROJAN HORSE, TIME-BOMB OR OTHER HARMFUL DEVICE WHICH MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT OR MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE.
Limitations on Authority
WHILE WOODLAND REALTY, LLC USES APPROPRIATE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. YOU, THE USER, UNDERSTANDS THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WOODLAND REALTY, LLC, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE, OR THE MATERIAL, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE MATERIAL, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
YOU (AND NOT WOODLAND REALTY, LLC OR ITS PARENTS OR AFFILIATES) SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE AND/OR ITS CONTENTS.
The laws of State of Georgia, United States of America, without regard to principles of conflict of laws, govern these Terms and Conditions and any dispute that might arise between you and Woodland Realty, LLC. If you take legal action relating to these Terms and Conditions, you agree to file such action in Fulton County, Georgia and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
Class Action Waiver
You agree that any legal action shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis.
Links to Third Party Sites
This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Woodland Realty, LLC, or its affiliates, managers, or parent company, and is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Woodland Realty, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Woodland Realty, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Woodland Realty, LLC of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to our Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Legal Jurisdictions Only
The services described on this website are only for persons in those states and jurisdictions where such services may legally be sold. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. Some services may not be available in all jurisdictions and nothing on this website shall be considered a solicitation to buy or an offer to sell any services to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful.
Access to Password Protected or Secure Areas
Access to and use of password protected or secure areas of this website are restricted to authorized persons only. Anyone accessing or who attempts to access such areas without authorization may be subject to prosecution ownership of information
If you send us any creative materials, such as comments, suggestions, ideas, concepts, drawings, pictures, photos, or other materials (collectively, the “Submissions”), you agree that the Submissions shall be deemed, and shall remain, the property of Woodland Realty, LLC. None of the Submissions shall be subject to any obligation of confidentiality on the part of Woodland Realty, LLC, and Woodland Realty, LLC shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, Woodland Realty, LLC shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions Locality Company manages and controls this website from its office located in Atlanta, GA. Woodland Realty, LLC makes no representation that the information or other materials on this website are appropriate or available for use in other locations. If you choose to access this website outside of the State of Georgia to the extent the local laws in the geographic region in which you are located are applicable to your access of and activities on this website you are responsible for compliance with such local laws.
You agree to indemnify, defend and hold harmless Woodland Realty, LLC, its parents, subsidiaries, affiliates, officers, directors, managers and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (1) any information you (or anyone accessing the your account using your password) submit through this website, (2) your violation of these Terms and Conditions or applicable law, (3) your (or anyone using your account/computer/device) violation of any rights of any other person or entity, or (4) any Disabling Device or other similar harmful or deleterious programming routines input by you into this website.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Woodland Realty, LLC may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
We accept debit cards, credit cards or checks for our services. Cash is not accepted at this time. All fees must be paid prior to service. Please contact us for more information.
One-time $99 Lockbox Fee
Lockbox fees are charged when you schedule your lockbox and yard sign install. Lockbox fees are refundable at the end of your listing term. Lock box fees will be withheld if the lockbox is lost, stolen, damaged or destroyed while in your care. The lockbox fee is the actual cost to replace the unit through our local MLS.
You can cancel this service at any time by signing a Listing Withdrawal Form and sending us an email. If you choose to cancel the listing prior to the listing expiration date, then you agree to pay an additional $25 listing withdrawal fee. This fee is charged to our firm by the MLS. We will invoice you the withdrawal fee prior to releasing your listing. If your property is under contract, your listing cannot be cancelled. Your listing will terminate automatically once the property has sold. No additional fees will be due at that time.
Click here to download the Listing Withdrawal Form
If for some reason, you decide to remove your home from the market, we will issue a refund up to 48 hours after the execution of your listing agreement. We guarantee the satisfaction of our services. A' La Carte service offerings are non-refundable. Should you be dissatisfied with one of our services, we will make revisions for your satisfaction.
You agree to notify our firm within 24 hours if your property goes under contract and date that your transaction closes. You must supply our firm with a copy of your purchase agreement while under contract and a copy of your settlement statement after your property has sold. These documents are required to be held by our firm by law.
Exclusive Listing Agreement
Our firm's listing agreements are exclusive meaning that you give our firm the exclusive right to market your property during your listing term. Under no circumstances can you list your property with other licensed Real Estate Brokers, Real Estate Agents or Realtors without first cancelling your listing agreement. Please see the cancellation policy above. We agree to list your home and provide the services agreed upon in your listing agreement.
Commission to Buyer's Agent
It is customary in our industry that Buyers' Agents receive a standard 3% commission. The commission is based on the sales price of your home. For example, if your home sold for $150,000, then the Buyer's Agent's commission would be $4,500. You may decide to go lower than 3% to 2.5% or 2% although it is not recommended. Buyers' Agents bring qualified buyers to sell your home. They are also referred to as Selling Agents. To sell your home quickly, price your home accordingly to include commission for the Buyer's Agent.
Listing Term & Expiration Date
Your listing agreement has a beginning and end date. The end date is called the expiration date. The expiration date is established at the start of your listing agreement. Listing agreements can be extended by submitting a request to us in writing by using our Home Seller Listing Change Form.
Free Home Warranty
While your home is listed, a free 2-10 Home Warranty will be included. You can choose to pay for the home warranty for your future Buyer at closing or cancel it when you sell your home. Your AC unit will not be covered during your free listing Home Warranty. Coverage for your AC unit can be added for $70 and can be paid for at closing.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.