|Terms and Conditions
By accessing this Web site you agree to be bound by the terms and conditions below. This Agreement contains an
agreement to arbitrate all Claims and disclaims warranties and liability. These provisions form an essential basis of our
bargain. Read these provisions carefully and print out a copy for your records.
By completing your registration with this site as a potential home buyer and/or seller, you understand and agree that: By
using the Web site and inputting personal information the user understands that we will use such information for internal
purposes and with your permission or upon your request may also provide that information to affiliated companies or
persons. User information is not transmitted to unauthorized persons or the general public but is not liable for such
information transmission due to theft, hacking or software errors.
This site is not responsible for any errors in displayed information or delays in displaying information. All information on
the Web site is either transmitted to us from other entities or persons or was obtained through publicly available
government sources. Issues of data accuracy may be brought to us by sending feedback but it is likely that such
information accuracy cannot be corrected by us and the entity or person that generated the information must be
appealed to. For example: Parcel data and tax records are maintained by the County and not by us.
Links provided on this Web site are put there for the user's convenience. Links may be directed to third-party content,
meaning that we have no control over what is actually posted at the destination sites. We not endorse or promote or
sponsor the content found after clicking on a link that sends a user to a 3rd party site. If linked-to content appears to be
in error or objectionable to a user, send feedback so that we can review the content and make changes to links where
By using this Web site the user agrees to indemnify EverSandRealtyGroup.com and EverSand Realty Group sites and
its suppliers and real estate professionals from and against any and all liabilities and expenses and damages arising out
of the users use of the Web site. Users may not use this Web site for illegal, harassing, unethical, or disruptive purposes.
Disclaimers and Limitations on Liability
EverSandRealtyGroup.com intends that the information contained in this Web site be accurate and reliable; however,
errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by
EverSandRealtyGroup.com at any time. THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." EverSandRealtyGroup.com AND/OR ITS SUPPLIERS OR
REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS
TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. USE OF THIS WEB
SITE AND/OR SERVICES IS AT YOUR OWN RISK. EverSandRealtyGroup.com AND/OR ITS SUPPLIERS OR REAL
ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS WEB SITE AND/OR EverSandRealtyGroup.com SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN
PART, FROM BREACH OF CONTRACT, TORTIOUSE BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF EverSandRealtyGroup.com AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF
Dispute Resolution Process
Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by
EverSandRealtyGroup.com, or to any acts or omissions for which you may contend EverSandRealtyGroup.com is liable,
including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled
by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American
Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules or from a
list of arbitrators provided by EverSandRealtyGroup.com. Filing and other non-award costs will be paid for, in equal
shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the
arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules
for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the
enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed
rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the
arbitrators may be entered in any court of competent jurisdiction in Trenton,New Jersey. The arbitrators shall not have
the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not
multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any
claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an
arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the
issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND BestJerseyRealtor.com and/or
BetterHomesNJ.com WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING
CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in
court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using
EverSandRealtyGroup.com goods and services you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any
instance of any lawsuit between you and EverSandRealtyGroup.com, the parties agree that jurisdiction over and venue
of any suit shall be exclusively in the state and federal courts sitting in Trenton,NewJersey. If either party employs
attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover
reasonable attorneys' fees.
This website displays data that has been downloaded from various sources that we believe to be reliable. However, the
possibility of typographical errors does exist and errors should be expected. Please verify all information with the
appropriate real estate professional before making any decision based on the information contained herein. Some
properties which appear for sale on this website may subsequently have sold and may no longer be available. The
information being provided is for consumers' personal, non-commercial use and may not be used for any purpose other
than to identify prospective properties consumers may be interested in purchasing.
Consumer Information Statement...
Real Estate Relationships
In New Jersey, real estate licensees are required to disclose how they intend to work with buyers and sellers in a real
estate transaction. (In rental transactions the terms "buyers" and "sellers" should be read as "tenants" and "landlords,"
AS A SELLER'S AGENT OR SUBAGENT, I, AS A LICENSEE, REPRESENT THE SELLER AND ALL MATERIAL
INFORMATION SUPPLIED TO ME BY THE BUYER WILL BE TOLD TO THE SELLER.
AS A BUYER'S AGENT, I, AS A LICENSEE, REPRESENT THE BUYER AND ALL MATERIAL INFORMATION SUPPLIED
TO ME BY THE SELLER WILL BE TOLD TO THE BUYER.
AS A DISCLOSED DUAL AGENT, I, AS A LICENSEE, REPRESENT BOTH PARTIES. HOWEVER, I MAY NOT, WITHOUT
EXPRESS PERMISSION, DISCLOSE THAT THE SELLER WILL ACCEPT A PRICE LESS THAN THE LISTING PRICE OR
THAT THE BUYER WILL PAY A PRICE GREATER THAN THE OFFERED PRICE.
AS A TRANSACTON BROKER, I, AS A LICENSEE, DO NOT REPRESENT EITHER THE BUYER OR THE SELLER. ALL
INFORMATION I ACQUIRE FROM ONE PARTY MAY BE TOLD TO THE OTHER PARTY. Before you disclose confidential
information to a real estate licensee regarding a real estate transaction, you should understand what type of business
relationship you have with that licensee. There are four business relationships; (1) seller's agent; (2) buyer's agent; (3)
disclosed dual agent; and (4) transaction broker. Each of these relationships imposes certain legal duties and
responsibilities on the licensee as well as on the seller or buyer represented. These four relationships are defined in
greater detail below. Please read carefully before making your choice.
A seller's agent WORKS ONLY FOR THE SELLER and has legal obligations, called fiduciary duties to the seller. These
include reasonable care, undivided loyalty, confidentiality and full disclosure. Seller's agents often work with buyers, but
do not represent the buyers. However, in working with buyers a seller's agent must act honestly. In dealing with both
parties, a seller's agent may not make any misrepresentation to either party on matters material to the transaction, such
as the buyer's financial ability to pay, and must disclose defects of a material nature affecting the physical condition of
the property which a reasonable inspection by the licensee would disclose.
Seller's agents include all persons licensed with a brokerage firm which has been authorized through a listing agreement
to work as the seller's agent. In addition, other brokerage firms may accept an offer to work with the listing broker's firm
as the seller's agents. In such cases, those firms and all persons licensed with such firms, are called "subagents".
Sellers who do not desire to have their property marketed through subagents should so inform the seller's agent.
A buyer's agent WORKS ONLY FOR THE BUYER. A buyer's agent has fiduciary duties to the buyer which include
reasonable care, undivided loyalty, confidentiality and full disclosure. However, in dealing with sellers a buyer's agent
must act honestly. In dealing with both parties, a buyer's agent may not make any misrepresentations on matters
material to the transaction, such as the buyer's financial ability to pay, and must disclose defects of a material nature
affecting the physical condition to the property which a reasonable inspection by the licensee would disclose. A buyer
wishing to be represented by a buyer's agent is advised to enter into a separate written buyer agency contract with the
brokerage firm which is to work as their agent.
DISCLOSED DUAL AGENT
A disclosed dual agent WORKS FOR BOTH THE BUYER AND THE SELLER. To work as a dual agent a firm must first
obtain the informed written consent of the buyer and the seller. Therefore, before acting as a disclosed dual agent,
brokerage firms must make written disclosure to both parties. Disclosed dual agency is most likely to occur when a
licensee with a real estate firm working as a buyer's agent shows the buyer properties owned by sellers for whom that
firm is also working as a seller's agent or subagent.
A real estate licensee working as a disclosed dual agent must carefully explain to each party that, in addition to working
as their agent, their firm will also work as the agent for the other party. They must also explain what affect their working
as a disclosed dual agent will have on the fiduciary duties their firm owes to the buyer and to the seller. When working
as a disclosed dual agent, a brokerage firm must have the express permission of a party prior to disclosing confidential
information to the other party. Such information includes the highest price a buyer can afford to pay and the lowest price
a seller will accept and the parties' motivation to buy or sell. Remember, a brokerage firm acting as a disclosed dual
agent will not be able to put one party's interests ahead of those of the other party and cannot advise or counsel either
party on how to gain an advantage at the expense of the other party on the basis of confidential information obtained
from or about the other party. If you decide to enter into an agency relationship with a firm, which is to work as disclosed
dual agent, you are advised to sign a written agreement with that firm.
The New Jersey Real Estate Licensing Law does not require licensees to work in the capacity of an "agent" when
providing brokerage services. A transaction broker works with a buyer or a seller or both in the sales transaction without
representing anyone. A TRANSACTION BROKER DOES NOT PROMOTE THE INTERESTS OF ONE PARTY OVER
THOSE OF THE OTHER PARTY TO THE TRANSACTION. Licensees with such a firm would be required to treat all
parties honestly and to act in a competent manner, but they would not be required to keep confidential information. A
transaction broker can locate qualified buyers for a seller or suitable properties for a buyer. They can then work with
both parties in an effort to arrive at an agreement on the sale or rental of real estate and perform tasks to facilitate the
closing of a transaction. A transaction broker primarily serves as a manager of the transaction, communicating
information between the parties to assist them in arriving at a mutually acceptable agreement and in closing the
transaction, but cannot advise or counsel either party on how to gain an advantage at the expense of the other party.
Owners considering working with transaction brokers are advised to sign a written agreement with that firm which clearly
states what services that firm will perform and how it will be paid. In addition, any transaction brokerage agreement with
a seller or landlord should specifically state whether a notice on the property to be rented or sold will or will not be
circulated in any or all Multiple Listing System(s) of which that firm is a member.
YOU MAY OBTAIN LEGAL ADVICE ABOUT THESE BUSINESS RELATIONSHIPS FROM YOUR OWN LAWYER. THIS
STATEMENT IS NOT A CONTRACT AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.