REMAXparkplace.com ( the “Site” ) is a service of RE/MAX Park Place, Real Estate Brokerage. ( “RE/MAX Park Place” ).
The below “Terms” constitute and agreement between users of the REMAXparkplace.com Site and RE/MAX Park Place, a Licensed Real Estate Brokerage in the Province of Nova Scotia. All members of the public viewing the “Site” (“Users”) are bound by these “Terms” upon accessing and viewing the Site and any data it provides. These “Terms” may change without notice. The most recent version of these “Terms” will always be available on this page for all “users” to access.
Users must provide a legally owned email address along with their legal name upon registration. A User may not create more than one account to access the Site.
By viewing the content on this Site you confirm that you have the legal capacity and authority to enter yourself into this agreement and be bound by these Terms. Such authority also is implied for any and all subsequent parties you may represent. Failure to agree to agree to these Terms revokes all permissions to continue to access and use the Site. Email
By agreeing to these Terms, you permit RE/MAX Park Place to send emails containing property information, account information, updates, marketing materials or any additional information RE/MAX Park Place deems pertinent in the operation and marketing of the Site to it’s Users. In accordance with the REMAXparkplace.com Privacy Policy, email addresses and other user information will not be distributed or sold to third parties at any time.
Industry Members
Nova Scotia Real Estate Commission Licensees and Members of the Nova Scotia Association of REALTORSⓇ
RE/MAX Park Place is not permitted to send emails to Brokerage provided addresses of other industry members, therefore, all Users of the Site that are deemed industry members and REALTORSⓇ, shall not use such email addresses to access the Site. Acceptance of these Terms confirms you are not using such emails.
The Site is provided (without cost) for personal use only. Personal use shall be defined as personally researching and reviewing data for the purpose of purchasing or selling real estate.
Commercial use shall be deemed as researching and reviewing data for the purpose of advising a third party, producing reports, conducting appraisals, in return for compensation directly or indirectly by a Brokerage, Commercial entity or individual. Users who are Licensed Brokers, Associate Brokers, Salespersons, mortgage brokers, mortgage lenders, appraisers, lawyers, builders, property developers, and or administrative representatives of any of the aforementioned examples. Such Users found accessing the Site shall be deemed in breach of these Terms and may have their account terminated without notice. Access to the site by these entities for Commercial purposes must be obtained by contacting RE/MAX Park Place and subscribing to a Commercial account. [a]
RE/MAX Park Place reserves the right to monitor and in-tern suspend or terminate without notice, the account of any User that it deems is being used for abnormal purposes including but not limited to Commercial use as stated previously, the collection of or redistribution of data, solicitation of property owners or any other entity displayed within the Site, or any other reason it sees fit.
The Data contained within the Site is owned strictly by those entities that it has been licensed from. Use of such Data for any purposes outside of the viewing for personal use. For Use beyond that of a personal nature, written permission or licensing agreements where applicable must be obtained by the various owners of such Data. Further, RE/MAX Park Place makes no warranties, expressed or implied, as to the accuracy or completeness of the Data. RE/MAX Park Place is not liable for any damages or costs incurred as a result of a User’s use or reliance of the Data provided within the Site. RE/MAX Park Place advises all Users to verify Data with the various owners or via qualified counsel prior to using such Data in consideration of the acquisition or disposition of Real Property.
The Site alone in no way provides advice for it’s users. Nor does it establish any client agency relationship without a signed representation agreement drafted by a RE/MAX Park Place Broker or Salesperson.
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 Park Place; “Client Relationships” and “Customer Relationships” and “Transaction Brokerage”. The following excerpt from the NSREC publication Working with the Real Estate Industry explains the difference in representations.
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
For the Purpose of this Site, all Users of the Site agree to become “Customers” of RE/MAX Park Place.
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
Brokerages and their subsequent industry members operate using two types of agency models. The Industry Member reviewing these documents will indicate which model their Brokerage uses (RE/MAX Park Place is a Designated Agency Brokerage):
Designated Agency
Common Law
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.
Definitions:
The Brokerage (Agent) is the real estate company under which the individual Salesperson or Associate Broker is licensed.
The client/principa 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.
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
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.
By accepting below: I acknowledge I have read and understand the above stated Terms and NSREC Working with the Real Estate Industry publication cited. I understand the types of agency I am at liberty to enter into and confirm that I will be a “Customer” of RE/MAX Park Place for the duration of my use of this Site.
These Terms of Use are Effective as of January 1, 2019.