Terms of Use
1. Binding Agreement. Welcome to Buyer Agent Options. Buyer Agent Options is a tradename used by BuyerOpts, Inc., a Delaware corporation (referred to as “Buyer Agent Options”, “we”, “us” and “our”). Users of this buyeragentoptions.com website are referred to as “buyer”, “you” and “your”. Please take a moment to review these Terms of Use. These Terms of Use form an agreement with you (“Agreement”) which you accept by using this website. This Agreement sets forth the terms and conditions applicable to your use of this website and the products and services provided through or in connection with this website (collectively, “Service”). You must read and agree with all of the terms and conditions contained in this Agreement and our website privacy policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use the Service. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Service.
2. Who We Are and What We Do. Buyer Agent Options is a licensed real estate broker in Massachusetts. We are not a lender or mortgage broker. Buyer Agent Options uses its computerized platform to match buyers of residential real property with licensed real estate agents and their brokerages (collectively, “Buyer Agents”) who are located in the property area you indicate by competing the listing address or expected Zip Code fields on this website. These Buyer Agents are willing to provide buyer broker services on one or more of the terms available through this website. If acceptable to you, you will sign a buyer broker agreement on the terms you have selected. If a Buyer Agent is willing to provide broker services on your behalf on such terms as you select, you and the Buyer Agent will enter into a written agreement setting forth the terms of the agency relationship (“Buyer Agent Agreement”).
3. How We are Compensated.
a. Services Other than A la Carte Services. For services other than A la Carte Services (Option 3), we are compensated by the Buyer Agent once the Buyer Agent receives compensation from you or the seller in connection with a transaction or service for which the Buyer Agent acts on your behalf. We do not receive any compensation directly from you.
b. A la Carte Services. You agree to pay the service fee required for any A la Carte service upon completion of the service. If you select A la Carte Services, we will provide you a link to pay for the selected services. We hold the funds as a deposit and remit them on your behalf to the Buyer Agent, less our agreed fee, once the services are completed.
4. Our Relationship with the Buyer Agent. We are not a party to any agreement that you may make with the Buyer Agent, and the Buyer Agent is solely responsible for its services to you. We do not charge you a fee to use this website. We do not endorse, warrant, or guarantee the products or services of any Buyer Agent. You agree that Buyer Agent Options shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the services of a Buyer Agent.
5. Pre-Approval for a Loan. You will be required to provide the Buyer Agent with a pre-approval for a mortgage loan in the amount needed for you to complete the purchase of a target property. A pre-approval is required because our Buyer Agents work with our buyers at such a reduced commission, we want to be sure they are spending their valuable time with buyers who have already been vetted by a reputable mortgage lender. The pre-approval can be obtained with a soft-credit check from any lender acceptable to the Buyer Agent. There is no requirement that you obtain any financing required for your purchase from the lender who provides the pre-qualification. You are free to shop for financing from any source.
6. Our Featured Lender. We provide a link to a featured lender as a convenience to you. We believe the featured lender will be able to assist you in connection with obtaining any pre-approval qualification that the Buyer Agent may require as a condition of entering into a Buyer Agent Agreement with you. You are not required to use the featured lender. If you contact the featured lender and submit a request for a pre-qualification or a loan application, your information remains between you and the featured lender. We do not take applications or collect other documents from potential borrowers, make loans, or accept or facilitate loan payments. We are not compensated by the featured lender. We do not endorse, warrant, or guarantee the products or services of the featured lender. We have no responsibility for the link to the featured lender’s website or its content, including without limitation any link contained in such content, or any changes or updates to such content. You agree that Buyer Agent Options shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the services or website of the featured lender. If you are receiving a refund from your Buyer Agent and obtaining financing, make sure the refund falls within the lending guidelines of the loan product you have selected.
7. Consent to Contact. By selecting a buyer option on this website and signing a Buyer Agent Agreement, you are consenting to be contacted by the featured lender, one or more of our Buyer Agents, and Buyer Agent Options, either by telephone (on a recorded line), text marketing messages (SMS/MMS) on a mobile device, or email, based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You consent to Buyer Agent Options providing the Featured Lender with your email, estimated price, estimated down payment, estimated commission and selected plan. In the event you no longer want to receive communications from a Buyer Agent, the featured lender, or us, you agree to notify the party (whether the Buyer Agent, featured lender or us), from which you no longer wish to receive communications directly. You may withdraw your consent to receive communications from us by contacting us at admin@buyeragentoptions.com or sending us notice in writing and mailed to: BuyerOpts, Inc., 145 Washington St Norwell, MA 02061.
8. Exclusivity. You agree to work with only one Buyer Agent at a time. During the term of your Buyer Agent Agreement, by notice to us, you can terminate working with the initial Buyer Agent and appoint a new Buyer Agent to complete the initial term of the contract, subject to any continuing obligations you have to the terminated Buyer Agent with respect to homes shown you by the Buyer Agent. Upon the expiration of the initial term, you can renew your contract with the same Buyer Agent for the same or a different term, negotiate a new agreement with the Buyer Agent, or work with us to name a new Buyer Agent on different terms.
9. No Guarantee of Success. Due to market conditions and uncertainties, the Buyer Agent cannot guarantee that it will, and shall not be liable to you if the Buyer Agent is unable to, assist you in completing the purchase of a home.
10. Broker Disclosure. The Buyer Agent will provide you with disclosures required by law regarding the Buyer Agent’s duties to you as Buyer Agent. If you desire to purchase a home for which the Buyer Agent is the listing agent, the Buyer Agent will provide you with any additional disclosures required by law and you and the Buyer Agent will agree to the role to be played in the transaction by the Buyer Agent. If you have any questions about the role of the Buyer Agent, you should consult with your legal counsel.
11. Service Fee and Commission Payment. You agree to pay the service fee required for any A la Carte service as provided above. For services other than A la Carte services, provided that you abide by the exclusivity provisions of the Buyer Agent Agreement, you will owe no commission to the Buyer Agent unless and until you close on the purchase of a home. You will be responsible to pay the agreed commission to the Buyer Agent if you purchase a home under a purchase and sale agreement entered into during the term of your Buyer Agent Agreement with the Buyer Agent or if you purchase a home shown to you by the Buyer Agent within the number of days following the expiration of your Buyer Agent Agreement with the Buyer Agent. You agree and covenant to authorize and direct the closing attorney or settlement agent to pay the agreed fee due to the Buyer Agent directly from the proceeds of the purchase closing.
12. Reimbursement of Commission. As part of the negotiations for the purchase of a home, you will have the opportunity to negotiate for the seller or the listing agent to provide you with closing concessions to reimburse you for all or part of the commission payable to the Buyer Agent or for the seller or listing agent to pay the Buyer Agent a commission. The Buyer Agent will agree to pay you or give you closing concessions in the amount of any commission received by the Buyer Agent in excess of the agreed commission. The Buyer Agent is not permitted to retain any compensation in excess of the agreed commission.
13. Personal Information. When using the Service, you will be asked to provide certain personally identifiable information about yourself. If you choose to provide personally identifiable information, you agree to provide true, accurate and complete information. You agree to refrain from impersonating or falsely representing your affiliation with any person or entity. Buyer Agent Options is committed to maintaining the privacy and security of any personally identifiable information you provide through this website, subject to our right to disclose such information of the featured lender and Buyer Agents as discussed in this Agreement.
14. Information Required by Buyer Agents. You agree to provide the Buyer Agent with all information that the Buyer Agent reasonably requests in order to provide requested services and to calculate any applicable fee (it being agreed that a copy of the final settlement statement(s) from the closing of the purchase shall suffice to satisfy the foregoing). You agree to provide this information within one week of any request. Any information required to calculate the applicable fee shall be provided no later than the closing date of any purchase (or when such final settlement statement is made available by the closing attorney or agent). You agree that information you provide will be true, accurate and complete information.
15. Failure or Late Payment. If you fail or refuse to pay the agreed service fee or commission when due, interest shall accrue and be paid to the Buyer Agent on the unpaid overdue balance at lower of: (i) one (1.0%) percent per month or (ii) the highest rate permitted by law.
16. Authority. You hereby represent, warrant, and agree with us and each Buyer Agent that (i) you have the full right, power and authority to enter into and perform this Agreement and the Buyer Agent Agreement; and (ii) you are not a party to any other agreement that would in any way conflict with, or restrict, your ability to perform your obligations hereunder in accordance with the terms and conditions contained herein or therein.
17. Non-Circumvention. You agree and covenant that you will not, individually or in conjunction with any other person or entity, directly or indirectly, induce or attempt to induce any seller or listing agent to work directly or indirectly with you or otherwise interfere in a manner so as to circumvent, avoid, by-pass, obviate, limit or reduce Buyer Agent’s interests and/or your obligation to pay the agreed fee, if applicable, under the Buyer Agent Agreement.
18. Professional Counsel and Advice. You acknowledge that you have been instructed and have full and unfettered opportunity to seek and obtain professional advice for legal, tax, insurance, zoning, permitted use, home inspection, land survey, title matters, and any other financial planning purposes related to this Agreement, the Buyer Agent Agreement, and any purchase transaction you are pursuing. You agree and acknowledge that neither Buyer Agent Options nor any Buyer Agent is permitted to or provides such advice and shall not be responsible for any decisions you make.
19. Independent Contractors. Buyer Agent Options, the featured lender, each Buyer Agent, and you are and shall remain independent contractors. Nothing in this Agreement or any the Buyer Agent Agreement is intended to create an employer/employee relationship or establish a partnership, joint venture, or agency relationship between any of the parties. None of Buyer Agent Options, the featured lender, any Buyer Agent, or you have the right to obligate or bind any of the others in any manner to any third-party.
20. Limitations on Use. You agree that you will not use this website or the Service, in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You may print or download to a single computer one copy of the website material available to you on this website for your own personal non-commercial use. You agree that you will not, except as expressly permitted herein, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer, or sell any material from this website, including without limitation, software. You agree that you will not use this website or the Service in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website of the Service. You agree that you will not use the site or any of the services for or in connection with any of the following activities: (i) tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Services, interfering with or disrupting this website or other networks connected to this website, or posting, e-mailing, or otherwise transmitting any data that contains any software viruses, Trojan horses and/or any other code, files or programs intended to destroy, disrupt or otherwise impair a computer’s functionality or the operation of any service; (ii) spamming; (iii) posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children under 18 years of age; (iv) spoofing or otherwise impersonating any person or entity; (v) using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent; (vi) violating any applicable local, state, national, or international law; or (vii) violating these Terms of Use.
21. Disclaimer. Use and reliance on any and all information available at this website or through the Service is provided on an “AS IS” and “AS AVAILABLE” basis and is at your sole risk. We may change, suspend or discontinue any aspect of the Service or this website at any time without notice or liability, including without limitation, the availability of any feature, content, hours of availability, and equipment needed for access or use of this website. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website all charges related thereto.
22. Limitation of Liability. BUYER AGENT OPTIONS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF THIS WEBSITE OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON ANY CONTENT CONTAINED WITHIN THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. IN NO EVENT WILL BUYER AGENT OPTIONS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE ARISING OUT OF THE USE OR INABILITY TO USE ANY CONTENT OR SERVICES PROVIDED ON THIS WEBSITE. IN NO EVENT SHALL BUYER AGENT OPTIONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR SUING THE SERVICE.
23. Indemnification. You agree to indemnify, defend and hold harmless Buyer Agent Options and its officers, directors, managers, members, employees, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of this website, information contained within this website, or the Service or related to your violation of this Agreement.
24. Amendments. We reserve the right at our sole discretion to change, modify, add or remove any portion of this Agreement at any time without liability, and such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on this website. You should regularly review the Terms of Use to remain familiar with the provisions. Any use of this website by you after we post notice of any changes, modifications, additions or deletions shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
25. No Assignment; Binding Effect. This Agreement will inure to the benefit of and bind the parties and their respective heirs, personal representatives, successors and permitted assigns. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together shall constitute one and the same instrument. Scanned, .pdf and electronic signatures on this Agreement are binding as originals.
26. Waiver. The failure of any party hereto at any time to require performance of any provisions hereof shall in no manner affect the right to enforce the same. No waiver by any party hereto of any condition or breach of any term, provision, warranty, representation, agreement, or covenant contained in this Agreement, whether by conduct or otherwise, in one or more instances shall be deemed or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of the breach of any other terms, provision, warranty, representation, agreement or covenant herein contained.
27. Governing Law. This Agreement shall be governed by the laws of the State of Delaware, without giving effect to its conflicts of law principles.
28. Dispute Resolution. Any dispute, claim or controversy between you and Buyer Agent Options and its affiliates and their respective directors, managers, members, officers and employees INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Boston, MA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. NEITHER YOU NOR Buyer Agent Options SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. EACH OF THE PARTIES HERETO KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS AGREEMENT.
29. Rules of Construction; Severability. This Agreement is intended to constitute the entire agreement between the parties with respect to the subject matter herein and supersedes all previous understandings, intentions, and agreements among the parties regarding the transaction contemplated herein. The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party. In the event that one or more of the provisions of this Agreement are rendered invalid, void or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein. If any provision hereof shall, for any reason, be held by a court to be excessively broad as to duration, scope, activity, or subject matter, it shall be construed by limiting and reducing it to make it enforceable to the extent compatible with applicable law as then in effect.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.