Advertising Terms and Conditions

Agreement & Release – Please Read

ADVERTISEMENT PLACEMENT & CHARGES - All sales and Services are Final upon ad placement (the day you call to place the ad/online order with FSBO).  FSBO offers NO REFUNDS for any services enlisted (No Exceptions).  The Bronze, Silver, Gold and Platinum programs are for a maximum of 6 months/26 weeks or until you list your property with another real estate company, take property off market or it sells.  FSBO does not charge for price changes in the magazine; however, all other changes are $5.00 each and must be submitted by the Deadline Date which is published in the magazine with a 5:00 PM cutoff on that date.  All changes MUST be faxed or e-mailed to FSBO.  Homeowner should call to confirm receipt of fax.  There will be a $35.00 returned check fee OR rejected credit card charge.  All ad renewals are subject to all of the terms on this agreement without regard to method in which renewal was made.  All Cancellation requests, due to change of plans, sale, etc., MUST be received by letter, e-mail or fax due to the requirement of hard copy proof; however, there are NO REFUNDS.  FSBO reserves the right to accept or reject any advertising placement.  FSBO advertisement rates are subject to change without notice.  These Terms are Binding With or Without Signature and may be found published in the magazine, on the FSBO website and a copy is mailed, faxed, e-mailed or given to the home seller.  Seller understands & agrees to provide FSBO with Buyer’s Name, Closing Date & where Closing upon contract ratification.

PHOTOS - For Sale By Owner Realty., trading as For Sale By Owner Magazine (FSBO), for and in consideration of payment agrees to publish the enclosed advertisement with/without photographs.  All photographs delivered to FSBO Magazine, must be in the horizontal position and become the property of FSBO.  A Sellers photo will be used over the FSBO Drivers photo.  FSBO accepts 35 mm pictures and digital - no panoramic or Polaroid or color printer pictures. All photos provided to FSBO must be labeled (ex: Address Liv Rm, Address Din Rm, etc.) Sorry, none can be returned.

LATE PAYMENT AND COLLECTION COSTS - If homeowner does remit payment to FSBO via check or credit card and payment is rejected or returned, within 7 days of placing their advertisement, the homeowner/advertiser agrees to pay an additional late charge of 20% of the amount past due (but at least $50.00) plus the past due amount.  All renewals are subject to these terms without regard to method in which renewal was made.

ERRORS IN MAGAZINE - Due care and diligence are used in checking advertising copy for accuracy, but no warranty is given. FSBO will not be responsible or liable for omission, misinformation, misprints, typographical errors, etc., herein contained.  Seller agrees to indemnify & hold harmless the publishers of For Sale By Owner Magazine for any damage which may be suffered in the event information regarding said real estate is found, by judicial authority, to be in any way incorrect.  If FSBO publishes a wrong phone number or omits your ad, they will offer one free issue to compensate.  Under no circumstance is this contract subject for refund due to any error or omission.

INTERNET - ALL photos provided to FSBO must be labeled (ex: Address Liv Rm, Address Din Rm, etc).  Only send the photos you want FSBO to use.  All internet/internet slide show orders placed with FSBO will be up and running by the time the sellers 1st magazine edition is published.  All Cable TV ads will be running within 2 weeks (14 days) after initial sign up (when all documents, photos and payment is received).  Homeowner should verify their Internet ad/ Cable TV ad is up and running.  All Cancellation requests MUST be in writing by fax, e-mail or mail.  It is recommended that the homeowners confirm FSBOs' receipt of their request.  Price changes are free.  ALL other changes - however small - $5.00.

HOME WARRANTY - If homeowner requests home warranty, FSBO can advertise that the home seller is offering home warranty.  Seller needs to inform FSBO when they have a buyer.  There is a deductible on the Home Warranty.  **IMPORTANT - PLEASE NOTE: The purchase of the home warranty contract is not mandatory and may be waived and not all property will qualify for home warranty.   HOWEVER, once the application is made and accepted, it becomes binding and not subject to waiver or rescission.  The balance of the warranty is paid at closing.

1% MLS Program (Multiple Listing System) - If a homeowner enlists For Sale By Owner Realty for the MLS, **IMPORTANT – Please Note: Seller understands and agrees that they will pay a 3.0 % commission to the agent bringing in the buyer.  If the Seller and/or Buyer and/or Selling/Buyer's Agent agree to any other percentage other than what is in the listing agreement, Seller agrees For Sale By Owner Realty will not be held liable for the commission difference.  If there is no other realty company involved in the sale, Seller agrees that they will pay For Sale By Owner Realty $299 upfront and a commission of 1% (minimum commission is $1,999.00) at closing.  By Owner MLS Program - If a homeowner enlists For Sale By Owner Realty for the Flat Fee MLS, **IMPORTANT – Please Note:  Seller understands and agrees that they will pay a 3.0 % commission to the agent bringing in the buyer – this includes agents of For Sale By Owner Realty.  If the Seller and/or Buyer and/or Selling/Buyer's Agent agree to any other percentage other than what is in the listing agreement, Seller agrees For Sale By Owner Realty will not be held liable for the commission difference.  Sellers agree to pay For Sale By Owner Realty a listing fee of $599.00 paid at the time of listing which is non-refundable.  Sellers agrees that For Sale By Owner Realty will only be responsible for listing property on the MLS, providing a lock box and yard sign.  For Sale By Owner Realty will not be acting as a Seller’s Agent and will not perform any of the functions normally associated with a seller’s agent.  Seller understands they MUST NOT have flyers or other material with varying prices or other realty companies’ yard signs if they are listed on the MLS through For Sale By Owner Realty – NO EXCEPTIONS.  If the seller lists their home with a realty company other than For Sale By Owner Realty, all Internet and Magazine advertisings will be terminated.  All Marketing Programs go until the property is sold, listed with another Realty Company or taken off the market with a 6 month maximum.  Seller understands they must provide For Sale By Owner Realty with Buyer’s Name, Closing Date & Closing Location upon contract ratification/sale.  

BROCHURES – FSBO always puts every effort forth to put due care and quality into the brochures. Homeowner agrees and accepts that the brochures are designed and set up at FSBO’s discretion.  Homeowners will receive brochures around the same time the homeowners 1st issue of the magazine is published.  Homeowner will receive 20 copies initially from FSBO and any subsequent copies required by seller will be the responsible of the homeowner to procure.  The homeowner’s Internet site allows for flyer printing with a “print a flyer” button located at the bottom of their site.  If homeowner does not have access to the Internet, FSBO will make copies but customer must make arrangement to pick copies up at FSBO’s convenience.  Copies will be limited to 30 copies per week per customer (120 maximum).  If homeowner fails to receive the brochures within a reasonable amount of time, it is homeowners’ responsibility to notify FSBO.  Brochures are not included with the Bronze program, but can be printed online at the seller’s Internet page. 

 SIGN POLICY - Homeowner/Advertiser/Client herby agrees to the following:  It is the homeowner’s responsibility to Pick Up their FSBO signs.  Homeowner must give FSBO 48 Hours Advance notice of pickup time and date.  FSBO signs are TO BE RETURNED TO FSBO WHEN CONTRACT ENDS OR WHEN THE HOME SELLS, IS LISTED WITH ANOTHER REALTY COMPANY OR TAKEN OFF THE MARKET.  Returned Signs/Flyer Box must be in CLEAN, REUSABLE and UNMARKED CONDITION (does not apply to open house/directional signs) and may not be defaced in any way (tape, markers, etc.)  Failure to return signs/flyer box in good condition will result in a charge of $59.00 to seller for replacement of signs.   

100% MONEY BACK GUARANTEE - If the homeowner elects to participate in Money Back Program (within 7 days of listing) and decides that the For Sale By Owner Marketing program is not working for them (Realty Programs are not included in the money back guarantee), For Sale By Owner Realty, LLC., offers a money back guarantee.  For Sale By Owner Realty, LLC., will turn the homeowner over to a licensed agent with For Sale By Owner Realty and when the home is listed with For Sale By Owner Realty, LLC and sells using our 1% MLS Real Estate program (By Owner MLS NOT INCLUDED), FSBO will refund the money spent with the FSBO Magazine at closing.   Seller understands that in order to collect on the money back guarantee, their property must be listed with For Sale By Owner Realty until it sells.  Not all properties will qualify for the guarantee and the guarantee may be cancelled or discontinued at any time without notice.  This local office DOES NOT participate in any national website money back guarantee.     

Seller acknowledges that they have received or read a copy of this agreement.  This Agreement and Release must be returned  to For Sale By Owner Realty within 7 business days of receipt.  Failure to return may result in suspension of Magazine and Internet advertising until received by For Sale By Owner Realty, LLC.   

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Seller(s) has read and understands & accepts these terms and that all sales are final.

For Sale By Owner Realty, LLC     4920 Broadmoor Ave     Grand Rapids,  MI  49512

Office:  616-871-0066     Fax:  616-871-0067     Email:  westmi@homesbyowner.com