Terms and Conditions

LAST UPDATED: APRIL, 2023

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 web site, you are agreeing to be bound by these web site 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.

1. Privacy Policy
Please refer to our Privacy Policy posted on this website.

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, LLC 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.

3. Disclaimer
The materials on ModernWayRealty.com are provided “as is”. Modern Way Realty, LLC 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, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall Modern Way Realty, LLC 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, LLC 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 Errata
The materials appearing on ModernWayRealty.com could include technical, typographical, or photographic errors. Modern Way Realty, LLC does not warrant that any of the materials on its website are accurate, complete, or current. Modern Way Realty, LLC may make changes to the materials contained on its website at any time without notice. Modern Way Realty, LLC does not, however, make any commitment to update the materials.

6. Governing Law
Any claim relating to Modern Way Realty, LLC web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

7. MLS Listings
7.1 All MLS listings require a buyer’s agent commission be added 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 At any time within 24 hours of placing your order and before your property has been listed on the MLS, you may request a refund of your listing fee. There are no refunds on an Upgrade to Full Service, Contract Review, Listing Renewal, or Shipping fees.

7.4 All paperwork is filled out online through seller’s Client Profile on our website. 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 to be listed.

7.5 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.

7.6 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 ready for showings, d) the seller confirms in writing by email or text that the property is ready to be listed on the MLS.

7.7 An MLS listing can be cancelled and withdrawn from the MLS at anytime provided the property is not under contract and all owners sign a Cancellation Agreement which Modern Way Realty will provide. There is no fee to cancel an MLS listing.

7.8 If the property is under contract but closes after the listing term expires, Seller to pay a fee at closing to renew/extend the listing.

7.9 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 by Owner during the listing term.

7.10 The MLS rules state that we 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 time frame otherwise we 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 signed Purchase Agreement and all addendum thereto 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 time frame and provide Broker with the required documentation when entering into a contract or upon the sale of the property, Seller to pay a fee to cover any fines and/or additional time Broker may incur.

7.11 We 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 the seller.

8. MLS Listing Options
8.1 Basic Listing
You are billed a one time flat fee of $295 to list the property on the MLS. This listing option includes a 6 Month listing term and up to 10 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. The 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. There are no refunds after the 24 hours from your order date have passed or your property has been listed on the MLS whichever occurs sooner.

8.2 Standard Listing
You are billed a one time flat fee of $395 to list the property on the MLS. This listing option includes a 6 Month listing term and up to 25 photos plus ShowingTime Setup. 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. The 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. There are no refunds after the 24 hours from your order date have passed or your property has been listed on the MLS whichever occurs sooner.

8.3 Enhanced Listing
You are billed a one time flat fee of $595. This listing option includes a 12 Month listing term and up to 40 photos plus ShowingTime Setup, one Open House added to the MLS, one Video/Virtual Tour added to the ML, one Comparative Market Analysis, and one Yard Sign ($12 shipping at time of signup ). Comparable Market Analysis is not available for properties listed for Rent/Lease. 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. The 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. There are no refunds after the 24 hours from your order date have passed or your property has been listed on the MLS whichever occurs sooner.

8.4 Premium Listing
You are billed a one time flat fee of $895. This listing option includes a 12 Month listing term and up to 50 photos plus ShowingTime Setup, one Open House added to the MLS, one Video/Virtual Tour added to the MLS, one Comparative Market Analysis (not available for properties listed for rent/lease), one Yard Sign ($12 shipping at time of signup) and unlimited changes to your listing (excluding photo changes). This listing option also includes dedicated agent assistance from listing to closing with full agent support, review offers with you, advise you on offers and counter offers, negotiate on your behalf, electronic contract signatures, coordinate the sale to closing, order/review your title work, advise you on inspection and appraisal issues, schedule your closing, review your closing docs. There are no refunds after the 24 hours from your order date have passed or your property has been listed on the MLS whichever occurs sooner.

8.5 Platinum Listing
You are billed a one time flat fee of $295 plus 1/2% of the sale price (minimum $600) due to Modern Way Realty at closing. This is in addition to the buyer’s agent commission. This listing option includes a 12 Month listing term and up to 50 photos plus ShowingTime Setup, one Open House added to the MLS, one Video/Virtual Tour added to the MLS, one Comparative Market Analysis, one Yard Sign ($12 shipping at time of signup) and unlimited changes to your listing (excluding photo changes). This listing option also includes dedicated agent assistance from listing to closing with full agent support, review offers with you, advise you on offers and counter offers, negotiate on your behalf, electronic contract signatures, coordinate the sale to closing, order/review your title work, advise you on inspection and appraisal issues, schedule your closing, review your closing docs. There are no refunds after the 24 hours from your order date have passed or your property has been listed on the MLS whichever occurs sooner.

9. For Sale by Owner Agent Assistance
You are billed a one time flat fee of $595. This service includes dedicated agent assistance from offer to closing with full agent support, review offers with you, advise you on offers and counter offers, negotiate on your behalf, electronic contract signatures, coordinate the sale to closing, order/review your title work, advise you on inspection and appraisal issues, schedule your closing, review your closing docs. This service does not include listing the property on the MLS or marketing the property in any way. We don’t 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. FSBO Agent Assistance can be cancelled at anytime provided the property is not under contract and all owners sign a Cancellation Agreement which Modern Way Realty will provide. There is no fee to cancel. There are no refunds on FSBO Agent Assistance.

10. Buyer Agent Assistance
You are billed a one time flat fee of $595. This service includes dedicated Agent assistance from offer to closing with full agent support, go over all the details with you to write up your offer, present your offer to the seller/seller’s agent, negotiate on your behalf, electronic contract signatures, coordinate the sale to closing, order/review your title work, advise you on inspection and appraisal issues, work with you to remove contingencies in a timely manner, schedule your closing, review your closing docs. 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 Buyer or Seller. Buyer Agent Assistance can be cancelled at anytime provided the property is not under contract and all buyers sign a Cancellation Agreement which Modern Way Realty will provide. There is no fee to cancel. There are no refunds on Buyer Agent Assistance.

11. Marketing Items
10.1 Yard Signs
The MLS does not permit any other signs on the property except the Broker’s sign. You MUST order a yard sign from us if you would like to use one. Any other signs on the property are prohibited including For Sale by Owner signs.

11.2 We offer several Marketing Items. Some are included with our listing options or can be purchased separately. Lockboxes and yard signs can be returned within 7 days of receipt for a refund minus a $12 shipping fee per item provided they are unused and returned in their original packaging. There are no refunds on shipping fees, Comparative Market Analysis, ShowingTime Setup, Prior MLS Listing, Listing Changes, Additional Photos, Photo Changes, Adding an Open House to the MLS, or Adding a Video/Virtual Tour to the MLS. Comparable Market Analysis is not available for properties listed for Rent/Lease