Terms of Use

Use of this Site implies

YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT,

AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

CallExit.ca is operated by EXIT Realty Town & Country, a Licensed Real Estate Brokerage in the Province of Nova Scotia, who reserves the right to revise, add or delete any portion of these Terms at any time. Revisions are effective immediately upon notice to you, which are deemed given via posting here on CallExit.ca. This is the most recent version of these Terms and Your continued use of this Site constitutes acceptance of this most recent version of these terms.

Your use of this site confirms you have the legal capacity and authority to be bound by these Terms. Such authority is also implied for any and all parties you may represent.

If you do not agree to these Terms you are not authorized to use this Site.

Uses and Restrictions

You may access and use this Site’s Content only in accordance with these Terms.

EMAIL

You must provide a legally owned email address along with your own name upon registering to use this Site.

NSAR Email Regulations require that You must not use an email address provided by your real estate brokerage to access and use this Site. Acceptance of these Terms confirms that you are not using an email address provided to you by your real estate brokerage. 

You must not register more than one account to access the Site. 

Subject to these Terms

Exit Realty Town & Country invites you to use this site for your individual use to research the purchase or sale of real estate for your own personal use or to assist your acquaintances in such research, only if you aren’t also providing professional service or any service that results with you in any way receiving compensation.

Content may only be printed, copied or saved to your personal computer for your personal and non-commercial use.

You must not access or use this Site or its Content for commercial use, without first obtaining written permission specifically for you from Exit Realty Town & Country. Use of this Site or its Content in a professional capacity such as, but limited to:  Licensed Broker, Associate Broker or Salesperson; mortgage broker, lender or insurer; appraiser or assessor; lawyer or paralegal; builder or planner; developer or engineer; nor as a consultant, employee or representative of any of these mentioned as this is deemed commercial use and not permitted.

Using this Site’s Content for the purpose of advising a third party, producing reports, or conducting appraisals in return for compensation directly or indirectly is deemed Commercial.

No part may be copied, downloaded or stored for future retrieval, nor may it be used, revised, reproduced, republished or redistributed for any purpose, without Exit Realty Town & Country’s written permission. Any activity intended to collect, store, re-organize, summarize or manipulate this Site’s Content is prohibited.

Exit Realty Town & Country reserves the right to Discontinue this Site or your use of this Site, without any form of notice to you, at any time for any reason.

Limitation of Liability

This Site and its Content contain data that is owned by third parties and which EXIT Realty Town & Country is licensed to use. It includes Data which is the property of the Province of Nova Scotia. Copyright of the Data and all intellectual property rights in the Data must remain the property of the Province of Nova Scotia. All rights reserved.

Exit Realty Town & Country makes no warranties, expressed or implied, as to the accuracy or completeness of the Data, particularly property information, sales history, mapping, etc. you access during your use of this Site, and is not liable for any direct or indirect damages or costs incurred by you as a result of your use of or reliance on the Data provided within. You are strongly advised to verify Data with the owners of the Data or with a qualified professional prior to using the Data as a basis for a real estate transaction or when considering the acquisition or disposition of Real Property.

This Site contains links from this website to other websites, Third-Party Websites, which may again link you to other Internet websites which are not under the control of Exit Realty Town & Country.

By including links to third party websites we are in no way implying endorsement and in fact disclaim all liability with respect to linked websites. You acknowledge and agree that Exit Realty Town & Country is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of such websites.

In order to include a Third-Party Link to this Site on your website, you must:

Provide Exit Realty Town & Country with prior written notice outlining the nature and features of your website and the proposed appearance and location of the Third Party Link;

And

Obtain our prior written consent to establish the Third Party Link showing you abide by any terms and conditions required by Exit Realty Town & Country as part of its consent.

Exit Realty Town & Country may at any time, in its sole and absolute discretion, upon reasonable notice to you, revoke its consent to establish a Third Party Link, with or without cause. Upon our exercising this right, you must immediately remove all your links to this Site and cease all use of both our intellectual property and the Data we are licensed to use. Failure to comply, whether intentionally or neglectfully, to remove a Third Party Link to CallExit.ca, implies you acknowledge you are responsible for harm to Exit Realty Town & Country and thereby entitle us to damages. Damages may be relief in the way of temporary and permanent injunctions and any further relief a court may deem appropriate.

Working with an Industry Member

TWO AGENCY MODELS

There are two different agency models practiced by brokerages in Nova Scotia: Common Law Agency and Designated Agency. The Industry Member reviewing this brochure with you will indicate which model their brokerage uses:

Common Law Agency

Exit Realty Town & Country is not a Common Law Brokerage

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.

Designated Agency  

Exit Realty Town & Country is a Designated Agency Brokerage.

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 following terms are used in most NSREC mandatory forms:

Brokerage: the real estate company under which the individual salesperson, associate broker, managing associate broker or broker is licensed.

Buyer: a person acquiring or attempting to acquire an interest in real estate by purchase.

Client: a Buyer/Seller who has engaged a brokerage in an agency relationship to act for them, and on their behalf, either to buy or sell real estate.

Customer: a person who is engaged with a brokerage in a non-agency relationship to buy or sell real estate.

Facilitation Services: services that do not require the exercising of discretion or judgement, giving confidential advice or advocating on behalf of either the buyer of the seller.

Material Latent Defect: a fault in the property that would not be discovered by a reasonably thorough building inspection that can have a serious impact on the value of the property or involve health and/or safety issues.

Purchase: includes any trade, exchange, option, lease or other acquisition of an interest in real estate.

Sale: includes any trade, exchange, option, lease or other disposition of an interest in real estate.

Seller: a person disposing or attempting to dispose of an interest in real estate by sale.

Trade or Trading: includes a disposition or acquisition of or transaction in real estate by sale, purchase, agreement for sale, exchange, option, commercial lease or rental or otherwise and any offer or attempt to list real estate for the purpose of such a disposition or transaction, and any act, advertisement, conduct or negotiation, directly or indirectly, in furtherance of any disposition, acquisition, transaction, offer or attempt.

Transaction Brokerage: a relationship in which a brokerage and/or a designated agent provides facilitation services to the buyer and the seller in the same trade.

1. Client Relationship

Real estate representatives work with clients in a legal relationship called agency.

As the client, the agency relationship exists between you and the brokerage under common law agency, or between you and the designated agent under designated agency. The essence of the agency relationship is that the brokerage and/or the designated agent has the authority to represent you as a client in real estate dealings with others.

Brokerages and/or designated agents are legally obligated to protect and promote your interests. Your real estate representative has the following duties:

• to protect and promote your negotiating position at all times;

• to disclose all relevant facts about a property or a transaction, including material latent defects;

• to obey all your lawful instructions;

• to provide undivided loyalty;

• to act in your best interest;

• to exercise reasonable care and skill in performing all assigned duties; and

• to account for all money and property placed in their possession while acting on your behalf.

Your real estate representative will also:

• explain real estate terms and practices;

• provide and explain forms used;

• identify and estimate service costs of other professionals involved in a transaction;

• assist you with negotiation;

• prepare offers and counter offers at your direction;

• present all offers promptly; and

• give you true copies of all agreements.


2. Transaction Brokerage/ Facilitation

IMPORTANT: If you are in transaction brokerage do not provide the transaction facilitator with any information you do not want the other party to know, subject to limitations defined in other agreement(s).

Transaction brokerage occurs when a real estate brokerage or a designated agent enters into an agreement, in which the brokerage or the designated agent acts as an impartial facilitator for the seller and the buyer in the same trade. As an impartial facilitator, the brokerage or the designated agent treats the buyer and the seller in an even-handed and impartial manner. Under transaction brokerage, the brokerage or the designated agent acts as an impartial facilitator for both parties, not exclusively in the best interest of one party as the brokerage or designated agent would in a client relationship. No one is obligated to proceed with a real estate transaction under transaction brokerage. Both the buyer and seller must be provided with an opportunity to obtain independent advice. Either the seller or the buyer may obtain representation from another brokerage and/or designated agent or be treated as a customer as an alternative to transaction brokerage. All parties must consent, in writing, to transaction brokerage before an Agreement of Purchase and Sale is prepared. Failing which, treat one party as a customer, or be referred to another brokerage/designated agent to receive representation.

Under transaction brokerage, the real estate representative will, for both the buyer and seller include the following, but not limited to:

• explain real estate terms and practices; and

• identify and estimate service costs of other professionals involved in a transaction.

Under this relationship, the real estate representative cannot:

• provide utmost loyalty to the Buyer and the Seller;

• act in the best interests of either the Buyer or the Seller;

• offer advice or recommendations to either the Buyer or the Seller; and the Buyer or the Seller.

3. Customer Relationship

IMPORTANT: If you are in a customer relationship do not provide the real estate representative with any information you do not want the other party to know, subject to limitations defined in other agreement(s).

A buyer or a seller may also choose to use the services of a real estate representative without an agency relationship. For example, this might occur when a real estate representative is showing you their seller client’s property or when they approach a seller directly on behalf of their buyer client.

In this relationship, the real estate representative has a legal and ethical duty to provide accurate and honest answers to questions and can provide the following services:

• explain real estate terms and practices; and

• identify and estimate service costs of other professionals involved in a transaction.

The real estate representative cannot:

• provide utmost loyalty to the Buyer and the Seller;

• act in the best interests of either the Buyer or the Seller;

• offer advice or recommendations to either the Buyer or the Seller; and the Buyer or the Seller.

PRIVACY AND USE OF PERSONAL INFORMATION

Real estate representatives respect the privacy expectations of consumers and the requirements imposed by law. Your informed consent is required for the collection, use and retention of your personal information. Making you aware of how your personal information will be used, to whom it will be disclosed and how long it will be stored forms a basis of a relationship of trust between you and your real estate representative.

Real estate representatives are required by federal law to collect information that confirms the identity of buyers and sellers. In addition, to assist the marketing and sale of a property, real estate representatives must collect information including: listing price, purchase price, listing duration, interior and exterior photos and assessment information. Your real estate representative must disclose the information collected to his or her broker.

Real estate representatives will disclose the information to other brokerages, potential buyers and interested parties during the course of marketing of the property for sale, as well as through the sales process. In addition, all or some of it will be disclosed to the Nova Scotia Association of REALTORS®, government departments, appraisers, municipal organizations and others. Some of the information will be compiled in statistics for use in comparative sales analyses by appraisers and brokerages, as well as consumers. All or some of the information may be published in print and made available on the internet through websites maintained by real estate representatives and brokerages.

I understand that the brokerage/real estate licensees have an obligation to comply with the provisions of the Nova Scotia Real Estate Trading Act (the “Act”), and NSREC Bylaw, and that this may include providing my personal information to the NSREC for the purpose of audit, inspection, review and related purposes. I consent to the disclosure of my personal information as identified as above.

Retention of Information: All information is collected by each real estate representative is retained by their brokerage for at least seven (7) years. This allows the brokerages to meet its obligations to all government and regulatory authorities.

If you have concerns or questions about your real estate transaction, contact the Nova Scotia Real Estate Commission:

601-1595 Bedford Highway
Bedford, NS            B4A 3Y4

T: 902-468-3511       TF: 800-390-1015
F: 902-468-1016       TFF: 800-390-1016

info@nsrec.ns.ca      www.nsrec.ns.ca


Your Relationship with Exit Realty Town & Country

Commonly know throughout the Industry as your ‘Agency’ Relationship

As a licensed real estate brokerage, we are obligated to inform you regarding the types of relationships you may choose to have with a brokerage.

Access and use of the Site by you means you are a Customer of Exit Realty Town & Country. Access and use of the Site or its Content by you does not imply Exit Realty Town & Country has given you advice, created agency with you, or made you a Client. You may choose to become a Client of Exit Realty Town & Country but only through a signed representation agreement (ie. The WWREI form included above) prepared by an Associate Broker or Salesperson. Without a signed representation agreement, Exit Realty Town & Country through its licensed Realtors® cannot provide advice to you or create an agency relationship with you.

These Terms are Governed by the Laws of the Province of Nova Scotia, Canada without regard to the conflicts of laws rules of any jurisdiction.

Any dispute arising from these Terms or your access and use of this Site and its Content shall be the exclusive jurisdiction of the Courts of the Province of Nova Scotia, Canada as the proper and most convenient forum for any disputed matters. You hereby waive any objections based on jurisdiction in any possible proceeding.