Terms & Conditions
Commission for the Buyer’s Agent is not included in the 1% Loan Factory Listing Fee. Sellers typically offer 2.5% to 3% commission to Buyer’s agents to encourage these agents to show the seller’s property to prospective buyers. This commission is in addition to the Loan Factory Listing fee.
Loan Factory will rebate buyer up to 1% of the final purchase price of the home, subject to receipt of Cooperating Buyer Broker Commission from the Listing Broker. Final Refund amount will vary based on final purchase price and commission rate offered by seller (typically 2.5% to 3%). New construction properties that do not require showings may be eligible for a refund amount higher than 1%.
To be eligible for the Refund, buyer must use Loan Factory as their Buyer Broker. If the transaction does not close or if we do not receive compensation as the Cooperating Buyer Broker, no Buyer Refund will be due.
The Refund is subject to a minimum net commission of $5,000 to Loan Factory after taking in to account the Buyer Refund. Any MLS or Listing Broker fees or charges passed on to Loan Factory as the Buyer Broker will be deducted from the gross commission before calculating the Buyer Rebate.
The actual value of the Refund may be calculated on a tiered basis determined by number of home showings that you schedule through Loan Factory - either via our website, mobile app or by contacting one of our agents directly. After the first ten showings, the rebate will decrease to 0.5% of the final purchase price.
Lender approval may be required. Some lenders may not allow Buyer Rebate, or depending on the contract, concessions, mortgage product and financing terms, some lenders may not allow Buyer to receive the full refund from Loan Factory. We strongly advise buyers to talk with their lender in advance about their anticipated Buyer’s Refund.
Loan Factory Terms & Conditions of Use
Effective Date: 5/18/2018
1. SUBMISSION AND ADMINISTRATION OF LISTINGS
a. Content. You may submit property descriptions, photographs, images, videos, graphics, virtual tours or other supported media or copy and other information to Loan Factory (collectively, the “Content”) for each Property advertisement you create using the Services. Loan Factory may also hire third party vendors to produce Content for Your advertisements.
b. OWNERSHIP. You retain any applicable ownership rights that you may have with respect to the content you submit, provided, however that you grant Loan Factory, its affiliates and their licensees a royalty-free, license to use, display and publish such Content (in whole or part), whether submitted in the past or in the future, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
c. USE AND OWNERSHIP OF TRANSACTION DATA. You agree that any data submitted or processed through the Services will be captured, stored and will become the sole property of Loan Factory. You hereby grant Loan Factory an irrevocable license and right to use, reproduce, resell, and otherwise profit from, in any manner now known or later developed, such transaction data captured through the Services.
d. USER REPRESENTATIONS. You (a) represent and warrant that all properties and associated information You provide, including submitted Content, will be accurate; and (b) agree to maintain the accuracy of all property advertisements at all times. You agree to indemnify and defend Loan Factory for any liability arising out of incorrect or falsely advertised content.
2. USER COMMUNICATION
a. EMAIL AND TEXT PERMISSIONS. Loan Factory uses email and SMS text as its primary communication channel with Users. As a registered User, You hereby acknowledge and grant Loan Factory permission to communicate with You via email (as well as other communication channels such as mobile phone and text message) for any purposes Loan Factory determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. You consent to receive text messages and email communications from Loan Factory and understand that additional text message charges may apply depending on your mobile phone plan and that Loan Factory has no liability or responsibility for such charges.
b. RESPONSIBILITY FOR PROTECTION OF PROPERTY AND SELF. . Loan Factory provides communication tools that allow Users to interact with each other and schedule in-person tours of Properties listed on Loan Factory. YOU ALONE ARE RESPONSIBLE FOR YOUR SAFETY AND THE PROTECTION OF YOUR PROPERTY WHEN INTERACTING WITH OTHER USERS. YOU AGREE TO HOLD Loan Factory HARMLESS (I) FROM ANY DAMAGE OR INJURY TO LIFE OR PROPERTY OCCURRING IN CONNECTION WITH YOUR USE OF THE SERVICES AS THEY RELATE TO THE SCHEDULING AND CONDUCTING OF PROPERTY TOURS (II) IN CONNECTION WITH Loan Factory ASSISTANCE IN PROVIDING ACCESS TO, AND INFORMATION ABOUT, YOUR HOME AND (III) FROM ANY LIABILITY RESULTING FROM THE ACTIONS OF USERS OR THIRD PARTIES RESULTING FROM OR RELATED TO Loan Factory’S COMMUNICATION, HOME TOUR AND HOME ACCESS TOOLS AND SERVICES
3. USE OF INFORMATION
a. DISCLAIMERS. You agree to treat all related-property sales’ price information obtained from the Services, including historical transaction information and analytical market data (“Value Reports”), and any information otherwise made available through the Services as Loan Factory’s sole property, or the sole property of Loan Factory’s third party provider, as applicable, and You may not resell or otherwise use such Value Reports other than pursuant to the Terms of this Agreement. Loan Factory does not guarantee the accuracy of, endorse or recommend any information, including Value Reports, provided through the Services and You agree to use such information at Your own risk. Comparables and other similar information, tutorials, advice and reports provided through the Services ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.
4. LIMITATION OF LIABILITY AND INDEMNIFICATION
a. LIMITATION OF LIABILITY. Loan Factory IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER INTANGIBLE LOSS, LOSS OF DATA, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF THE SERVICES. Your exclusive remedy, and Loan Factory’s entire liability under this Agreement shall be a refund of the fees paid to Loan Factory hereunder.
b. INDEMNIFICATION. You agree to indemnify Loan Factory (and Loan Factory’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than You arising from Your use of the Software or Services.
5. INTELLECTUAL PROPERTY
The material provided in the Software is protected by law including, but not limited to, United States copyright law and international treaties. Loan Factory is the exclusive owner of or is the licensed user of all designs, text, graphics, images, video, information, logos, button icons, software, audio files, and other content on the Software. Loan Factory also owns or is licensed to use the computer code, scripts, design elements, graphics, interactive features, artwork, text communications, and any other content. The intellectual property of Loan Factory and/or third-party licensors is protected by copyright, trademark, and/or patent laws. All rights not expressly granted in these Terms are reserved by Loan Factory.
You shall not copy or adapt any computer code that Loan Factory creates for the generation or display of the Software; this code is protected under copyright law.
You shall not reproduce, display, publicly perform, distribute, or otherwise use the content generated by the Software for any public or commercial purpose in any manner likely to cause confusion among consumers as to its source, that dilutes the strength of Loan Factory’s property, or that otherwise infringes Loan Factory’s intellectual property rights.
6. GOVERNING LAW, JURISDICTION, AND ARBITRATION
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms or a breach of these Terms will be submitted and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Atlanta, Georgia, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Georgia, USA, to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $150.00.
The courts of Fulton County in the State of Georgia, USA, and the nearest U.S. District Court in the State of Georgia, will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms. These Terms will be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign, sublicense or otherwise transfer this Agreement or the rights hereunder without the prior written consent of Loan Factory.
8. WAIVER, SEVERABILITY, AND SURVIVAL
The failure of Loan Factory to exercise or enforce a legal right or remedy contained in this Agreement does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of this Agreement is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees to continue to abide by such provision and that the remaining terms and provisions will remain in full force and effect.
All notices to Loan Factory must be in writing and must be sent via registered mail, certified mail, or overnight mail with a return receipt requested to Loan Factory offices in California. Address is listed on the Website.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements and understandings, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. No representative of Loan Factory may make oral modifications or amendments to this Agreement. Only written modifications signed by an appropriate executive of Loan Factory will be valid.