Whidbey
Island Real Estate/Properties
Seller
Money back Guarantee
And Non-Exclusive
Right to Advertise Agreement
Give FSBO Visitwhidbey a try,
we offer a
Money Back
Guarantee to the seller!

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The “Property
Owner” or Agent of “Property Owner” hereby grants to FSBO Visitwhidbey.com.
(Advertising Agency) from date hereof until sold the non-exclusive right
to advertise the real property (“Property”) on the web site visiwhidbey.com
for a advertising fee of $475.00.
IT IS AGREED
BETWEEN THE PROPERTY OWNER AND ADVERTISING AGENCY AS FOLLOWS:
1. Property
Owner may, at their expense, advertise their property along with their
unique web site address in any major newspaper, real estate fliers, on
a real estate television shows or any other advertizing outlets or publications.
2.Property
Owner agrees that visitwhidbey.com is not an agent of the Property
Owner nor do they represent the buyer or the seller in real estate.
Furthermore, FSBO visitwhidbey.com and or its’ representatives have not
given the Property Owner any real estate or legal advice, nor guaranteed
the Property Owner success in marketing and selling the Property by owner.
3. Property
Owner warrants he/she has the right to sell the Property: Owner is
the Owner of record of the Property and/or has full authority to execute
this Contract. Property Owner warrants that the Property information
supplied to the Advertising Agency is correct. Property Owner agrees
to indemnify and hold Advertising Agency harmless in the event the foregoing
warranties and representations are incorrect.
4. Property
Pricing: Property Owner understands
that it is the sole responsibility of the Property Owner to price their
property and are advised to employ a licensed appraiser if Property Owner
needs a price opinion. FSBO visitwhidbey.com does not offer market analysis
or appraisals. In addition, Property Owner understands that FSBO
visitwhidbey.com will not view or inspect Property.
5. Sale
of Property: Property Owner shall
promptly inform Advertising Agency, in writing via email or fax, of any
change of the sale price of the Property and/or any other material changes
in the terms of the sale and/or availability of the Property. Property
Owner agrees to notify the Advertising Agency of the sale status of the
Property within 72 hours of acceptance of any offer, contingent offer,
property sold subject to an inspection, property sold pending closing,
property sold and sale has closed. All of this information is necessary
to keep the FSBO visitwhidbey.com web site current and accurate for prospective
buyers.
6. Indemnification/Hold
Harmless: Property Owner or Representative
irrevocably agrees to indemnify and hold harmless FSBO visitwhidbey.com
and all its’ representatives and/or owners involved in the advertising
for any claim, demand, cause of action, loss or damage, incurred by them
and the defense thereof arising from the Property Owner’s failure to comply
with any agreements pertaining to the advertising and/or sale of the Property
referenced in this Agreement. The venue of any suit shall be in Island
county. In the event of litigation to enforce or interpret the terms
of this Agreement, the prevailing party shall be awarded their reasonable
attorneys’ fees and costs incurred as a result of such litigation.
7. Tax
and Legal Advice: Property Owner
is informed of the advisability to seek legal and/or tax advice prior to
signing any real estate documents or agreement including, but not limited
to this Exclusive Right to Advertise agreement. Property Owner understands
and agrees that FSBO visitwhidbey.com and/or its’ representative have not
given any such advice.
8. Advertising
Guarantee: Property Owner may cancel
their advertising without penalty if they choose to make their property
no longer for sale. Property Owner may cancel their advertising prior
to the 90 day period without penalty. If the FSBO visitwhidbey.com
web site fails to find an acceptable buyer then a refund will be granted.
If Property Owner cancels their advertising, all advertising fees paid
are non-refundable, regardless of the reason for cancellation. If
Advertising is cancelled or expires for a period exceeding thirty (30)
days, the advertising fee for a new advertiser shall apply. If Advertising
Agency elects to terminate this agreement, Advertising Agency shall promptly
refund the advertising fee paid to FSBO visitwhidbey.com hereunder, otherwise
said fee is NON-REFUNDABLE.
9. Facsimile
and E-mail Transmission: Facsimile
and/or E-Mail transmission of any signed original document or notice, and
retransmission of any signed facsimile and/or E-Mail transmission or notice,
shall be the same as delivery of an original. All changes to Property
web site shall be made in writing via fax or E-Mail transmission and cannot
be honored if given verbally.
10. Disclaimer/Seller’s
Insurance: FSBO visitwhidbey.com
is not responsible for loss, theft, or damage of any nature or kind whatsoever
to the Property and/or to any personal property therein. FSBO visitwhidbey.com
is not responsible for any complications arising out of the sale of the
Property or associated with any documents procured from FSBO visitwhidbey.com
or through its’ affiliates, agents, advertisers, or referral law firms
or brokers.
11. Non-Exclusive
Right to Advertise: Property owner
may place whatever marketing signs in the yard they deem necessary. Property
Owner may advertise the property with a real estate agent or any other
database they deem necessary.
12.
Money
Back Guarantee: If FSBO visitwhidbey.com
fails to help Property Owner find an acceptable buyer, property owner may
choose to use a traditional real estate agent, we will refer Property Owner
to a traditional real estate agent and Property
Owner will receive a refund of up to $300 of the Internet Web Site fee
paid to FSBO Visitwhidbey.com
Seller has very little to lose
and much to gain at FSBO Visitwhidbey.com
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