LAST UPDATED: FEBRUARY, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR WEBSITE, POLICIES AND THESE TERMS AND CONDITIONS AT ANY TIME.
By accessing this website, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on ModernWayRealty.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on ModernWayRealty.com;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Modern Way Realty at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on ModernWayRealty.com are provided “as is”. Modern Way Realty makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Modern Way Realty does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any websites linked to ModernWayRealty.com.
In no event shall Modern Way Realty or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ModernWayRealty.com even if Modern Way Realty or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errors
The materials appearing on ModernWayRealty.com could include technical, typographical, or photographic errors. Modern Way Realty does not warrant that any of the materials on its website are accurate, complete, or current. Modern Way Realty may make changes to the materials contained on its website at any time without notice. Modern Way Realty does not, however, make any commitment to update the materials.
6. Governing Law
Any claim relating to Modern Way Realty or ModernWayRealty.com shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.
7. Flat Fee Listings
7.1 All Flat Fee Listings require a buyer’s agent commission be added to the MLS listing when the listing goes live. Sellers choose the commission offered between 1-3%. The commission is to be paid only if seller accepts an offer from a buyer represented by a licensed real estate agent and the property closes.
7.2 All listing terms begin on the date of purchase.
7.3 All paperwork is filled out online through seller’s Client Profile on ModernWayRealty.com. The paperwork is sent to owner(s) by email to sign electronically through DocuSign. All photos are to be sent by email to Modern Way Realty. At least one photo of the front exterior is required by the MLS at the time the property is listed.
7.4 Modern Way Realty agent support is provided by email, phone, and text only. Modern Way Realty agents do not visit the property or attend any showings, open houses, inspections, appraisals, or closings.
7.5 Modern Way Realty will list the property on the MLS when a) all required paperwork is submitted and signed by all owners, b) at least one photo of the front exterior has been submitted by seller, c) the property is available for showings, d) the seller confirms in writing that the property is ready to be listed on the MLS.
7.6 Modern Way Realty does not have any control over or guarantee how or if listings are displayed on 3rd party websites.
7.7 If the property is under contract but closes after the listing term expires, seller agrees to pay Modern Way Realty a fee to renew/extend the listing.
7.8 All sales must go through Modern Way Realty so that we can maintain accurate data on the MLS. Property may not be listed by any other Broker/Agent or advertised/marketed as For Sale/Rent by Owner during the listing term.
7.9 The MLS rules state that brokers must maintain accurate data on the MLS and must report changes to the listing when there is an accepted offer and when the property has sold within a specific timeframe otherwise brokers can be charged a fine by the MLS. Seller, upon entering into a contract of sale with a buyer agrees to notify Modern Way Realty of the fact that the property is under contract, and will provide Modern Way Realty with the fully executed Purchase Agreement and any addendum within 24 hours. Upon the sale of the property, seller agrees to provide Modern Way realty with settlement/closing statement within 24 hours of the closing date. If seller fails to notify Modern Way Realty within the required timeframe and provide Modern Way Realty with the required documentation when entering into a contract or upon the sale of the property, seller agrees to pay Modern Way Realty a fee to cover any fines and/or additional time Modern Way Realty may incur.
7.10 Modern Way Realty cannot guarantee that a property will sell. There are factors beyond our control that could affect the sale of a property including price, location, condition, photos, current market, and/or buyer’s agent commission. Most of these factors are determined by seller.
8. Flat Fee Listing Options
8.1 Basic Listing (Do-It-Yourself)
This listing option includes a 6 month listing term and up to 20 photos. There is no fee to change the listing price or listing status (Active, Pending, Sold, Inactive). Any other changes to the listing once it’s listed on the MLS is an additional fee. Modern Way Realty’s services are strictly limited to listing the property on the MLS. Seller is responsible to perform all activities related to the successful sale and closing of the transaction. Modern Way Realty does not provide any advice or assistance to seller.
8.2 Premium Listing (Full Service)
This listing option includes a 6 month listing term and up to 40 photos. There is no fee to change the listing price or listing status (Active, Pending, Sold, Inactive). Any other changes to the listing once it’s listed on the MLS is an additional fee. This listing option also includes dedicated agent assistance from listing to closing with full agent support, review offers with seller, advise seller on offers and counter offers, negotiate on seller’s behalf, electronic contract signatures, coordinate the sale to closing, order/review seller’s title work, advise seller on inspection and appraisal issues, schedule seller’s closing, and review seller’s closing docs. All support is provided by email, phone, and, text message only.
9. For Sale by Owner Agent Assistance
This service includes dedicated agent assistance from offer to closing with full agent support, review offers with seller, advise seller on offers and counter offers, negotiate on seller’s behalf, electronic contract signatures, coordinate the sale to closing, order/review seller’s title work, advise seller on inspection and appraisal issues, schedule seller’s closing, and review seller’s closing docs. This service does not include listing the property on the MLS or marketing the property in any way. All support is provided by email, phone, and text message only. Modern Way Realty does not collect any commission at closing however if the buyer does not have an agent representing them, there is an additional fee of $395 at closing since Modern Way Realty would be working both sides of the transaction. This fee can be paid by either the buyer or seller.
10. Buyer Agent Assistance
This service includes dedicated agent assistance from offer to closing with full agent support, go over all the details with buyer to write up buyer’s offer, present buyer’s offer to the seller/seller’s agent, negotiate on buyer’s behalf, electronic contract signatures, coordinate the sale to closing, order/review buyer’s title work, advise buyer on inspection and appraisal issues, work with buyer to remove contingencies in a timely manner, schedule buyer’s closing, and review buyer’s closing docs. All support is provided by email, phone, and text message only. If the seller does not have an agent representing them, there is an additional fee of $395 at closing since Modern Way Realty would be working both sides of the transaction. This fee can be paid by either the seller or buyer.
11. Marketing Items
11.1 Yard Signs
The MLS does not permit any other signs on the property except the broker’s sign. Seller must order a yard sign from Modern Way Realty if seller would like to use one. Any other signs on the property are prohibited including For Sale/Rent by Owner signs.
11.2 Comparable Market Analysis
A Comparable Market Analysis includes: what properties similar to the subject property are selling for, comparisons of subject property to recently sold properties, how long it’s taking for the comparable properties to sell, and the sale price of comparative properties in relation to the listing price.
12. Refund & Cancellation Policy
12.1 Flat Fee Listings
Flat Flee Listings can be cancelled at anytime provided the property is not under contract and all sellers sign a Cancellation Form which Modern Way Realty will provide. A refund can be requested within 48 hours from the time the order was placed online minus a $25 processing fee. There are no refunds after the 48 hour timeframe has passed or the property is listed on the MLS whichever occurs sooner.
12.2 For Sale by Owner Agent Assistance
For Sale by Owner Agent Assistance can be cancelled at anytime provided the property is not under contract and all sellers sign a Cancellation Form which Modern Way Realty will provide. There are no refunds on For Sale by Owner Agent Assistance.
12.2 Buyer Agent Assistance
Buyer Agent Assistance can be cancelled at anytime provided the property is not under contract and all buyers sign a Cancellation Form which Modern Way Realty will provide. There are no refunds on Buyer Agent Assistance.
12.3 Yard Signs & Lockboxes
Yard Signs and Lockboxes can be returned within 7 days of receipt for a refund minus a $15 shipping fee per item provided the item is unused and returned in the original packaging.
12.4 Comparable Market Analysis
There are no refunds on a Comparable Market Analysis. If seller requests and receives a Comparable Market Analysis that is included with seller’s listing option prior to requesting a refund within the required timeframe and prior to the property being listed on the MLS, a $35 fee for the Comparable Market Analysis will be deducted from seller’s refund in addition to the processing fee.
12.5 Other Marketing Items/Listing Options/Upgrades
There are no refunds on Prior MLS Listings, Listing Changes, Additional Photos, Photo Changes, adding an Open House to the MLS, adding a Video/Virtual Tour to the MLS, ShowingTime Setup, Upgrade to Full Service, or Renew/Extend Listing.