Terms of Service
PDX Direct Realty “Limited Representation” Terms of Service
The following Terms of Service apply only to Limited Representation (Direct Owner Listings & Broker Assisted Listings) and Additional Services (Lockbox Rentals, Yard Sign Rentals, Change Fees, etc.). They do not apply to Full-Service Listings which shall instead be governed by a standard RMLS Listing Agreement entered into between the parties.
In consideration for the covenants contained herein, PDX Direct Realty (“PDX”) is appointed by the Seller to list the Seller’s designated Property (“Property”) in the Regional Multiple Listing Service (“RMLS”). The Property shall be listed using the information, images, and other media (“Media”) delivered to PDX by the Seller. PDX will not post any identified Media that may violate any Federal, State, or local laws or that may violate any terms or conditions of the RMLS. The Media posted to the RMLS by PDX and made publicly available constitutes the Listing (“Listing”). The Seller understands that their personal information, such as name and contact information, will be made publicly available in the Listing. PDX may make minor modifications to the Media to comply with RMLS rules and applicable laws.
The Seller agrees to offer for sale through the services provided by PDX the Property, fixtures, and all improvements thereon. All personal property conveyed at the time of sale shall be listed by Seller in the Sale Agreement between Buyer and Seller and shall be transferred free of any liens. The Seller hereby certifies they are the legal title holder of the Property and have the legal authority to convey the Property and all improvements. Upon full execution of a Sale Agreement for the Property, all rights and obligations of these Terms of Service will automatically extend through the Closing Date of the Sale Agreement.
The Property and all improvements will be offered for sale at the Listing Price designated by the Seller. The Seller is solely responsible for determining the appropriate Listing Price. At their discretion, the Seller may update the Listing Price during the term of the Active listing. Any updates to the Listing Price must be submitted to PDX in writing via email, text, online forms, or other written communication.
Seller may update the Media contained in the Listing up to their allotted number of changes without charge (“Listing Change”). All subsequent changes will be charged a Listing Change Fee, paid in advance at the currently listed rate. A single change may include multiple listing updates to be performed at the same time. Listing Status changes (Active, Pending, Sold, etc.) are not counted as Listing Changes. All Listing Changes must be submitted to PDX in writing via email, text, online forms, or other written communication.
Seller agrees to make the Property available to participating Buyer Brokers of the RMLS based on a reasonable showing schedule during the term of the Listing. The Seller authorizes PDX to offer a Buyer Agent Commission (“BAC”) to all participating Buyer Brokers. PDX may retain up to 0.25% of the Sale Price from the Commission chosen by the Seller in Compliance Processing Fees (“CPFs”). CPFs include closing coordination; document acquisition, processing, storage, and retention; compliance review and oversight for RMLS and Oregon Real Estate Agency (OREA) rules, and applicable federal laws. CPFs only apply when closing a transaction with a Buyer Broker and do not increase or change the total Commission paid by the Seller. In addition, Seller is only required to pay a Commission if a Buyer is represented by a participating Broker of the RMLS. PDX shall be considered a participating Buyer Broker only if PDX procures a Buyer for the Property. If the Seller enters into a Sale Agreement for the Property with a Buyer not procured or represented by a participating Broker, no Commission or Fees shall be due to any Broker including PDX.
Seller must pay the Commission if, during the term of the Listing or within 60 days after the Listing expires, Seller: 1. enters into an agreement to sell the Property, or 2. sell a legal or equitable interest (excluding a lease with no right to purchase) in the Property, to any Buyer shown the Property by a participating Buyer Broker during the term of the Listing. Upon the sale of the Property, the Commission will be paid from escrow to the participating Buyer Broker and PDX as described in the preceding paragraph. However, if such a sale occurs while the Property is listed exclusively with another licensed Broker, the provision of this paragraph shall not apply.
Should Seller default in the performance of a Sale Agreement signed by Seller and a represented Buyer, Seller must pay the Commission as if the sale of the Property had been consummated, and any expenses, including reasonable attorney’s fees, incurred in connection with such default, or the enforcement of these terms. PDX shall retain the initial listing fee in all circumstances, including and without limitation when a Buyer is not found for the Property or in the event the Seller decides to withdraw the Property.
Seller shall provide PDX with all the Property Media requested and represents that said Media is true and accurate to the best of Seller’s knowledge. Seller is responsible for all inaccuracies contained in the Media provided to PDX and agrees to be responsible for any fines assessed by the RMLS for any RMLS infractions caused by Seller as stated below. Seller understands that PDX does not conduct any investigation of the Property to verify the Media provided by Seller is accurate and therefor is not responsible for the accuracy of the Media. Seller shall ensure the Media is accurate and complete and does not omit or fail to disclose any material defects regarding the Property known to Seller. Seller shall indemnify, defend and hold PDX harmless from and against any and all claims, demands, suits, damages, liability, losses or expenses (including reasonable attorney’s fees) arising out of any misrepresentation, nondisclosure, concealment, nonperformance of any Sale Agreement, or payment of any Commissions by Seller in connection with the sale of the Property, including and without limitation, the inaccuracy or incompleteness of any Media provided by Seller for listing in the RMLS. PDX shall input Property Media with the local RMLS in accordance with RMLS rules and regulations and applicable laws.
Seller agrees to notify PDX, within 24 hours, in the event of any of the following: Seller enters into a Sale Agreement to sell the Property, a Sale Agreement to sell the Property terminates, a Sale Agreement to sell Property closes, or the Seller decides not to sell property. Upon entering into a Sale Agreement to sell the Property, the Seller will provide to PDX within 24 hours the name and phone number of the Escrow Agent (or attorney) and provide a complete and fully executed copy of the Sale Agreement and all addendum thereto. The failure to do so may result in a fine to PDX, which will be charged to the Seller and collectable at closing and/or through judicial action at the option of PDX. Upon the sale of the Property, Seller agrees to deliver to PDX the following documents or information: 1. copy of HUD-1 settlement statement or closing statement, 2. a copy of final Sale Agreement including all addenda and amendments, 3. written verification by the Escrow Agent (or attorney) that all required deposits have been paid, and 4. Seller’s new address and contact information.
Seller may not advertise the Property at a price that is lower than the current Listing Price. Seller may not use the PDX name or logo in any advertisement placed independently by Seller without written permission of PDX. The listing services are strictly limited to the listing of the subject Property on the RMLS, for the specified listing term. PDX shall not act as an escrow agent. Other than the service fee paid by Seller to PDX for the real estate services provided, Seller shall not tender to PDX, or any Broker affiliated with PDX, at any time, any money for deposit or to hold on Seller or Buyer's behalf. PDX affiliated Brokers are expressly prohibited from accepting any money from the Seller. In addition, the Seller shall not execute a Sale Agreement that stipulates or requires PDX to hold earnest money or act as an escrow agent.
The Seller understands they have a duty under Oregon law to disclose to a potential Buyer all facts known to the Seller which could materially and adversely affect the value of the Property, including violations of governmental laws, rules, and regulations, and which are not readily observable by a Buyer. Seller understands that a licensed real estate broker representing a buyer may be required to disclose to the buyer any information given or told to the broker by the Seller. However, PDX shall not be responsible for making any disclosure to Buyer or Buyer’s Broker. Sellers expressly release PDX from any responsibility or liability regarding disclosure requirements whether required by statute or otherwise. PDX recommends Seller consult with legal counsel concerning Seller’s disclosure requirements and the completion of any disclosure forms. Seller agrees to indemnify and hold PDX harmless for any violation of any ordinance, regulation, and statute of law regarding Seller’s disclosure obligations. Seller is solely responsible for any complaints made by a Buyer or prospective Buyer before or after possession of the Property with respect to any defects in the Property.
The Seller must comply with all federal, state, and local laws concerning fair housing. Seller acknowledges that federal, state, and local laws prohibit discrimination in the sale of property based on race, color, religion, sex, disability, familial status, or national origin. Seller cannot instruct Broker or any person acting as Seller’s agent to convey on behalf of Seller any limitations in the sale of the Property based upon any of the foregoing as PDX is also bound by law not to discriminate.
The Seller may rent a SentriLock lockbox from PDX for the currently listed rate. If so, Seller hereby grants PDX or an affiliated Broker access to the Property to install and later retrieve the lockbox prior to closing. In addition, Seller shall hold PDX harmless from all liability, claim, judgment, obligations or demands, including reasonable attorney’s fees, arising from the use of the lockbox. Seller should remove or safeguard personal valuables while the lockbox is being used. If the Property is currently being leased, Seller must comply with local laws regarding access to the premises and advise tenants of the foregoing and obtain tenant’s authorization consenting to the use of a lockbox for access to the Property.
The Seller may rent a yard sign from PDX for the currently listed rate. Local laws govern the use of yard signs. Broker makes no representation that the signs it provides comply with local law. Seller should be aware of local regulations or should consult with local authorities prior to placing any signs.
These Terms of Service create an Exclusive Agency agreement to list Seller’s Property and limits the performance requirements of PDX as set forth herein. PDX is not representing Seller as a full-service Real Estate Agency but rather has limited obligations to Seller. PDX has no obligation to prepare or negotiate on Seller’s behalf, a real estate Sale Agreement for the sale of the Property. The seller acknowledges that selling the property may be complicated and may require professional legal assistance. Seller agrees to obtain assistance, as Seller deems necessary. No other agreement, expressed or implied, shall be held to impose any greater relationship than that set forth herein. The Seller waives any claim or cause of action it may have against PDX, its owners, agents and employees arising because of any act or omission of PDX. Seller accepts the responsibility to comply with all ordinances, regulations and statutes pertaining to Seller’s offer for sale and sale of the Property. The seller does not waive any rights guaranteed by the regulations and statutes of the State in which cannot be voluntarily waived. PDX is not charged with any responsibility or custody of the Property, its management, maintenance, upkeep, or repair.
Seller agrees to use of electronic record keeping, including fax, email, or online update to their Listing, to make, keep, or make changes to the Listing, and Seller understands that by modifying the Listing Price or Listing Status through written electronic communication, this will be equivalent to Seller signature and given the same validity, authorizing PDX to make corresponding changes on the RMLS. The use of electronic record keeping applies only to this Listing and not to all Listings in which Seller may be a party, and either party may withdraw such consent by email, fax, or in writing, but such withdrawal will not affect the validity or enforceability these Terms of Service.
There is no termination fee in the event the Seller decides to withdraw the Property from the market. To withdraw the listing, Seller must give written notice to PDX provided there is no active Sale Agreement pending on the Property involving a Buyer who was procured by a participating Buyer Broker.
All orders are final and absolute when paid for, and no refunds shall be given at any time. If a dispute arises between the parties and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorney's fees and litigation costs, including appellate attorneys' fees and costs by the non-prevailing party. All disputes shall be exclusively heard in Multnomah County, Oregon and Oregon state law shall govern the interpretation and application of these Terms of Service.
Seller agrees that the limit of PDX’s liability related the performance of the services mentioned herein is strictly limited to the listing fee paid to PDX by the Seller and no more. These Terms of Service may only be modified by writing. There are no oral representations made that are not contained herein and no oral modifications are allowed. These Terms of Service shall be binding upon the parties hereto and their respective heirs, personal representatives, successors, and assigns.
You should not assume that any real estate broker or salesperson represents you unless you agree to engage a real estate licensee in an authorized brokerage/agency relationship, either as a single agent or as a transaction broker. You are advised not to disclose any information you want to be held in confidence until you decide on representation. Limited representation means that a buyer or seller is not responsible for the acts of the licensee. Additionally, the parties are giving up their rights to the undivided loyalty of the licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties. See the Agency Disclosure Pamphlet for more information.
All persons and/or entities authorized to sell the Property have read and agreed to these Terms of Service. Acceptance of these Terms of Service is required when purchasing related Listing services and electronic evidence of such acceptance is recorded at the time of purchase. If the individual accepting these Terms of Service is acting in a representative capacity, such individual certifies that they are legally authorized to do so. If any Terms of Service shall be made invalid by a court decision, statute, or rule, or shall be otherwise rendered invalid, the remainder of the Terms of Service shall not be affected thereby.