- Forum Privacy Policy -
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In this Privacy Policy, "we", "us" and "our" refers to: Manhattan Life Real Estate LLC Forum.
This is privacy policy sets out how Manhattan Life Real Estate LLC Forum uses and protects any information that you provide, whilst using [Manhattan Life Real Estate LLC] products and services. This only includes [Manhattan Life Real Estate LLC] (https://www.manhattanliferealestate.com ) may change this policy as and when necessary. We will provide a more prominent notice (including email notification of privacy policy changes).
1. What information we collect about you and how we use this information
1.1 Account and Profile Information
You don’t have to create an account to use this forum, such as searching and viewing public member profiles, forums, topics and posts. If you do choose to create an account, you must provide us with some personal data so that we can provide our services to you. This includes a display name (for example, "John Doe"), nickname (for example, @john-doe) a username (for example, johnxdoe), a password, and an email address. Your display name and nickname is always public, but you can use either your real name or a pseudonym. After the registration your account display name, nickname and username are the same. We recommend to change display name and nickname to keep the username private and secure. You can change those in your account editing page.
Once you registered and created an account, you also have the option of adding these public information:
- Member Title
- Avatar
- Biography (About Me)
- Website
- Occupation
- Signature
- Social Network Account addresses
- Location (Country)
- Timezon
- And other details to your profile information to be displayed in our community.
Additionally, whilst using the [Manhattan Life Real Estate LLC] the following information may be collected (not public):
- Internet Protocol (IP) address (not public)
- Geographical location
- Browser type and version (not public)
- Operating system (not public)
- Referral source (not public)
- Length of visit, page views, website navigation and any other related browsing activity
Most activity on [https://www.manhattanliferealestate.com] is public, including your profile information mentioned above. You also may choose to publish your location in your profile. Information posted about you by other people who use our forum may also be public. For example, other people may mention you using @nickname in posts.
You are responsible for your topics, posts and other information you provide through our services, and you should think carefully about what you make public, especially if it is sensitive information.
You may choose to register connecting your account to accounts on another service (e.g. Facebook login), and that other service may send us information about your account on that service. We use the information we receive to provide you features like cross-posting or cross-service authentication, and to operate our community. We create new account in our community for you based on your third party account information you share.
1.2 Contact Information
We use your contact information, such as your email address, to authenticate your account and keep it - and our services - secure, and to help prevent spam, fraud, and abuse. We also use contact information to personalize our services, enable certain account features for example, for login verification, reset password, to send you information about our community and notify on new replies to your subscribed forums and topics. You can also unsubscribe from any email notifications.
If you email us, we will keep the content of your message, your email address, and your contact information to respond to your request.
1.3 Private Messages and Non-Public Communications
We provide certain features that let you communicate more privately or control who sees your content. For example if forum admin is enabled, you can check the "Set Topic Private" checkbox when you create a topic or click on the "Private" button of your topic first post, or use the Private Messages to have non-public conversations. In these cases we will store and process your communications and information related to them. This includes message content, images, information about whom you have communicated with and when to better understand the use of our community, to protect the safety and review the reported messages. We share the content of your Private Messages with the people you’ve sent them to; we do not use them to serve you ads. When you use features like Private Messages to communicate, remember that recipients have their own copy of your communications on [Manhattan Life Real Estate LLC Forum] - even if you delete your copy of those messages from your account - which they may duplicate, store, or re-share.
1.4 Cookies
A cookie is a small piece of data that is stored on your computer or mobile device. Like many websites, we use cookies and similar technologies to collect additional website usage data and to operate our community. Cookies are not required for many parts of our community such as searching and looking at public profiles. Although most web browsers automatically accept cookies, many browsers’ settings can be set to decline cookies or alert you when a website is attempting to place a cookie on your computer. However, some of our community features may not function properly if you disable cookies. We do not support the Do Not Track browser option. You can learn more about how we use cookies and similar technologies here.
We use cookies for the following purposes
1.4.1 Authentication - we use cookies to identify you when you visit our community. When you create a topic or post a reply as guest (not registered user) we store your name and email address in cookies. We use this information to detect current visitor content (topics, posts) and display it to you even if the content is under moderation (not approved by moderators). The name is used to display as topic/post author name. Also we store your name and email in cookies to keep filled these fields when you post a new reply or create a new topic (you don't heave to fill these information every time you post a content). We recommend don't use guest posting option on non-personal devices, or at least delete browser cookies when you leave it.
1.4.2 Status - we use cookies to help us to determine if you are logged into our website.
1.4.3 Security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally.
Cookies used by our service providers
1.4.4 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
1.4.5 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/ .
1.4.6 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. We publish Google AdSense advertisements on our website. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests (but we do not publish interest-based advertisements on our website). You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.
1.5 Log Data
We receive information when you view content on or otherwise interact with our community, which we refer to as "Log Data," even if you have not created an account. For example, when you visit our websites, sign into our community, interact with our email notifications, we may receive information about you. This Log Data includes information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We use Log Data to operate our services and ensure their secure, reliable, and robust performance. We use information you provide to us and data we receive, including Log Data and data from third parties, to make inferences like what topics you may be interested in and what languages you speak. This helps us better design our services for you and personalize the content we show you.
2. Information We Share and Disclos
2.1 How we share information we collect
You should be aware that any information you provide on our community - including profile information associated with the account you use to post the information - may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.
2.2 Sharing with third parties
2.2.1 Service Providers: We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our services. We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Our administrators may choose to add new functionality or change the behavior of the community by installing third party apps within the community. Doing so may give third-party apps access to your account and information about you like your name and email address, and any content you choose to use in connection with those apps. Third-party app policies and procedures are not controlled by us, and this privacy policy does not cover how third-party apps use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please uninstall the contact us and let us know as soon as possible. Below are the third party services we use on our community:
2.2.2 Links to Third Party Sites: Our community may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.
2.2.3 Social Media Widgets: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
2.2.4 Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Facebook "share" or Twitter "tweet" buttons. These widgets and features collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.
2.3 Law, Harm, and the Public Interest
Notwithstanding anything to the contrary in this Privacy Policy or controls we may otherwise offer to you, we may preserve, use, or disclose your personal data if we believe that it is reasonably necessary to comply with a law, regulation, legal process, or governmental request; to protect the safety of any person; to protect the safety or integrity of our platform, including to help prevent spam, abuse, or malicious actors on our services, or to explain why we have removed content or accounts from our services; to address fraud, security, or technical issues; or to protect our rights or property or the rights or property of those who use our services. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal data.
2.4 Non-Personal Information
We share or disclose non-personal data, such as aggregated information like the community statistic (online users, visitors, current viewers of a topic, etc...), the number of people who clicked on a particular link (number of topic views) or voted on a poll in a topic (even if only one did).
3. How to access and control your information
3.1 Accessing or Rectifying Your Personal Data
You have the right to request a copy of your information, to object to our use of your information. If you have registered an account on our community, we provide you with tools and account settings to access, correct, delete, or modify the personal data you provided to us and associated with your account. You can request for downloading your account information, including your created content (posts). You also can request correction, deletion, or modification of your personal data.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted.
3.2 Deletion Your Personal Data
You can request for your account deletion. This will include personal data, profile data, created content, logs, etc... Cookies should be deleted from your side. Almost all browsers have an option to delete cookies.
Keep in mind that search engines and other third parties may still retain copies of your public information, like your profile information, even after we/you have deleted the information from our community.
3.3 Restrict Processing
3.3.1 Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a community account was created for you without your permission or you are no longer an active user, you can request that we delete your account (contact us). Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
3.3.2 Opt out of communications: You may opt out of receiving email notifications related to your subscribed forums and posts or promotional communications from us by using the unsubscribe link within each email, updating your subscription settings in My Profile > Subscription page, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database.
3.4 Data portability
Data portability is the ability to obtain some of your information in a format you can keep in your devices or share with other communities. Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create on the spaces you under your sole control, like your topics (only with your posts), your replies in other topics, private messages and conversations (only with your messages), etc...
4. How we store and secure information we collect
We use data hosting service providers to host the information we collect, and we use technical measures to secure your data. While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
5. Children and Our Community
Our community is not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).
6. Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
7. Your Consent To This Policy
By using our site, you consent to our Privacy Policy.
8. Changes To This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
9. Contact Us
If you have any questions about this Privacy Policy, please contact us or open public or private topic in our community.
Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, 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 site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
By submitting a query or otherwise reviewing the information on this website concerning real property listings (the “Data”) you agree to the following: (i) you will not access the Data through automated or high- volume means; and (ii) you will not “scrape,” harvest or otherwise copy the Data except pursuant to your personal non- commercial use of the Data solely to identify real property listings that you may be interested in investigating further.
2. Use License
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Permission is granted to temporarily download one copy of the materials
(information or software) on Manhattan Life Real Estate LLC's web site 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 Manhattan Life Real Estate LLC's web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
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By registering for an account or accessing listing data on this website, you unequivocally agree that:
- Registrant/visitor acknowledges entering into a lawful consumer- broker relationship with the Participant;
- All information is intended only for the Registrant/visitor’s personal, non-commercial use;
- That the Registrant/visitor has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;
- That the Registrant/visitor will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property;
- That the Registrant/visitor acknowledges the RLS Brokers’ ownership of and the validity of the copyright in the database.
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This license shall automatically terminate if you violate any of these restrictions and may be terminated by Manhattan Life Real Estate 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
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The materials on Manhattan Life Real Estate LLC's web site are provided "as is". Manhattan Life Real Estate 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, Manhattan Life Real Estate 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.
- This VOW Terms of Use agreement also expressly authorizes REBNY and/or RLS Brokers (and each of their duly authorized representatives) to access the Participant VOW for the purposes of verifying compliance with the provisions of this Agreement, the Co- Brokerage Agreement, or any other applicable RLS rules or policies.
4. Limitations
In no event shall Manhattan Life Real Estate 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 Manhattan Life Real Estate LLC's Internet site, even if Manhattan Life Real Estate LLC or a Manhattan Life Real Estate LLC 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 Manhattan Life Real Estate LLC's web site could include technical, typographical, or photographic errors. Manhattan Life Real Estate LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Manhattan Life Real Estate LLC may make changes to the materials contained on its web site at any time without notice. Manhattan Life Real Estate LLC does not, however, make any commitment to update the materials.
6. Links
Manhattan Life Real Estate LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Manhattan Life Real Estate LLC of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
Manhattan Life Real Estate LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Manhattan Life Real Estate LLC's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
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Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
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We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
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We will only retain personal information as long as necessary for the fulfillment of those purposes.
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We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
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Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
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We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
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We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
NEW YORK CUSTOMERS:
NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS
THIS IS NOT A CONTRACT
New York state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
SELLER'S AGENT
A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
BUYER'S AGENT
A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interests of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.
BROKER'S AGENTS
As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a buyer or seller. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.
DUAL AGENT
A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.
DUAL AGENCY WITH DESIGNATED SALES ASSOCIATES
If the buyer and the seller provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the buyer and another sales associate to represent the seller to negotiate the purchase and sale of real estate. A sales associate works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales associate for the buyer will function as the buyer's agent representing the interests of the buyer and the designated sales associate for the seller will function as the seller's agent representing the interests of the seller in the negotiations between the buyer and seller. A designated sales associate cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation.
This form was provided to me by the company named below:
Licensee or Associate of Licensee: ___________________(signature) of
Company: ___________________________________________________
The above-named company, which is licensed as a real estate broker, is (check one)
[ ] the seller's agent
[ ] the buyer's agent
[ ] the broker's agent
[ ] a dual agent
[ ] a dual agent with designated sales associates
If dual agent with designated sales associates is checked:
__________________________________________________is appointed to represent the buyer; and
__________________________________________________is appointed to represent the seller in this transaction.
(I)(We) acknowledge receipt of a copy of this disclosure form:
Signature of [ ] Buyer(s) and/or [ ] Seller(s):
____________________ ____________________
____________________ ____________________
Date:_______________ Date:_______________
b. For landlord-tenant transactions, the following shall be the disclosure form:
NEW YORK STATE DISCLOSURE FORM FOR LANDLORD AND TENANT
THIS IS NOT A CONTRACT
New York state law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
A landlord's agent is an agent who is engaged by a landlord to represent the landlord's interest. The landlord's agent does this by securing a tenant for the landlord's apartment or house at a rent and on terms acceptable to the landlord. A landlord's agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord's agent does not represent the interests of the tenant. The obligations of a landlord's agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
TENANT'S AGENT
A tenant's agent is an agent who is engaged by a tenant to represent the tenant's interest. The tenant's agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant's agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant's agent does not represent the interest of the landlord. The obligations of a tenant's agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
BROKER'S AGENTS
As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a landlord or tenant. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.
DUAL AGENT
A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.
DUAL AGENT WITH DESIGNATED SALES ASSOCIATES
If the tenant and the landlord provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the tenant and another sales associate to represent the landlord. A sales associate works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales associate for the tenant will function as the tenant's agent representing the interests of the tenant and the designated sales associate for the landlord will function as the landlord's agent representing the interests of the landlord in the negotiations between the tenant and the landlord. A designated sales associate cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation. This form was provided to me by the company named below:
Licensee or Associate of Licensee: ___________________ (signature) of
Company: ____________________________________________________________
The above-named company, which is licensed as a real estate broker, is
(check one)
[ ] the landlord's agent
[ ] the tenant's agent
[ ] the tenant's agent
[ ] a dual agent
[ ] a dual agent with designated sales associates
If dual agent with designated sales associates is checked:
______________________________________________is appointed to represent the tenant; and
______________________________________________is appointed to represent the landlord in this transaction.
(I) (We) acknowledge receipt of a copy of this disclosure form:
Signature of [ ] Landlord(s) and/or [ ] Tenant(s):
_______________________________________________________
_______________________________________________________
Date: _______________ Date: ________________
PDF: NY State Disclosure Form for Buyer and Seller
PDF: NY State Disclosure Form for Landlord and Tenant
NEW JERSEY CUSTOMERS:
CONSUMER INFORMATION STATEMENT ON NEW JERSEY REAL ESTATE RELATIONSHIPS
In New Jersey, real estate licensees are required to disclose how they intend to work with buyers and sellers in a real estate transaction. (In rental transactions, the terms "buyers" and "sellers" should be read as "tenants" and "landlords," respectively.)
1. AS A SELLER'S AGENT OR SUBAGENT, I, AS A LICENSEE, REPRESENT THE SELLER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE BUYER WILL BE TOLD TO THE SELLER.
2. AS A BUYER'S AGENT, I, AS A LICENSEE, REPRESENT THE BUYER AND ALL MATERIAL INFORMATION SUPPLIED TO ME BY THE SELLER WILL BE TOLD TO THE BUYER.
3. AS A DISCLOSED DUAL AGENT, I, AS A LICENSEE, REPRESENT BOTH PARTIES. HOWEVER, I MAY NOT, WITHOUT EXPRESS PERMISSION, DISCLOSE THAT THE SELLER WILL ACCEPT A PRICE LESS THAN THE LISTING PRICE OR THAT THE BUYER WILL PAY A PRICE GREATER THAN THE OFFERED PRICE.
4. AS A TRANSACTION BROKER, I, AS A LICENSEE, DO NOT REPRESENT EITHER THE BUYER OR THE SELLER. ALL INFORMATION I ACQUIRE FROM ONE PARTY MAY BE TOLD TO THE OTHER PARTY.
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of business relationship you have with that licensee.
There are four business relationships: (1) seller's agent; (2) buyer's agent; (3) disclosed dual agent; and (4) transaction broker. Each of these relationships imposes certain legal duties and responsibilities on the licensee as well as on the seller or buyer represented. These four relationships are defined in greater detail below. Please read carefully before making your choice.
SELLER'S AGENT
A seller's agent WORKS ONLY FOR THE SELLER and has legal obligations, called fiduciary duties, to the seller. These include reasonable care, undivided loyalty, confidentiality and full disclosure. Seller's agents often work with buyers, but do not represent the buyers. However, in working with buyers a seller's agent must act honestly. In dealing with both parties, a seller's agent may not make any misrepresentation to either party on matters material to the transaction, such as the buyer's financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose.
Seller's agents include all persons licensed with the brokerage firm which has been authorized through a listing agreement to work as the seller's agent. In addition, other brokerage firms may accept an offer to work with the listing broker's firm as the seller's agents. In such cases, those firms and all persons licensed with such firms are called "sub-agents." Sellers who do not desire to have their property marketed through sub-agents should so inform the seller's agent.
BUYER'S AGENT
A buyer's agent WORKS ONLY FOR THE BUYER. A buyer's agent has fiduciary duties to the buyer which include reasonable care, undivided loyalty, confidentiality and full disclosure. However, in dealing with sellers, a buyer's agent must act honestly. In dealing with both parties, a buyer's agent may not make any misrepresentations on matters material to the transaction, such as the buyer's financial ability to pay, and must disclose defects of a material nature affecting the physical condition of the property which a reasonable inspection by the licensee would disclose.
A buyer wishing to be represented by a buyer's agent is advised to enter into a separate written buyer agency contract with the brokerage firm which is to work as their agent.
DISCLOSED DUAL AGENT
A disclosed dual agent WORKS FOR BOTH THE BUYER AND THE SELLER. To work as a dual agent, a firm must first obtain the informed written consent of the buyer and the seller. Therefore, before acting as a disclosed dual agent, brokerage firms must make written disclosure to both parties. Disclosed dual agency is most likely to occur when a licensee with a real estate firm working as a buyer's agent shows the buyer properties owned by sellers for whom that firm is also working as a seller's agent or sub-agent.
A real estate licensee working as a disclosed dual agent must carefully explain to each party that, in addition to working as their agent, their firm will also work as the agent for the other party. They must also explain what effect their working as a disclosed dual agent will have on the fiduciary duties their firm owes to the buyer and to the seller. When working as a disclosed dual agent, a brokerage firm must have the express permission of a party prior to disclosing confidential information to the other party. Such information includes the highest price a buyer can afford to pay and the lowest price a seller will accept and the parties' motivation to buy or sell. Remember, a brokerage firm acting as a disclosed dual agent will not be able to put one party's interests ahead of those of the other party and cannot advise or counsel either party on how to gain an advantage at the expense of the other party on the basis of confidential information obtained from or about the other party.
If you decide to enter into an agency relationship with a firm which is to work as a disclosed dual agent, you are advised to sign a written agreement with that firm.
TRANSACTION BROKER
The New Jersey Real Estate Licensing Law does not require licensees to work in the capacity of an "agent" when providing brokerage services. A transaction broker works with a buyer or a seller or both in the sales transaction without representing anyone. A TRANSACTION BROKER DOES NOT PROMOTE THE INTERESTS OF ONE PARTY OVER THOSE OF THE OTHER PARTY TO THE TRANSACTION. Licensees with such a firm would be required to treat all parties honestly and to act in a competent manner, but they would not be required to keep confidential any information.
A transaction broker can locate qualified buyers for a seller or suitable properties for a buyer. They can then work with both parties in an effort to arrive at an agreement on the sale or rental of real estate and perform tasks to facilitate the closing of a transaction.
A transaction broker primarily serves as a manager of the transaction, communicating information between the parties to assist them in arriving at a mutually acceptable agreement and in closing the transaction, but cannot advise or counsel either party on how to gain an advantage at the expense of the other party. Owners considering working with transaction brokers are advised to sign a written agreement with that firm which clearly states what services that firm will perform and how it will be paid. In addition, any transaction brokerage agreement with a seller or landlord should specifically state whether a notice on the property to be rented or sold will or will not be circulated in any or all Multiple Listing System(s) of which that firm is a member.
YOU MAY OBTAIN LEGAL ADVICE ABOUT THESE BUSINESS RELATIONSHIPS FROM YOUR OWN LAWYER.
THIS STATEMENT IS NOT A CONTRACT AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
PDF: NJ State Real Estate Relationships Consumer Information Statement
