Foundation Realty Website Terms of Service

Terms of Use of Foundation Realty owned and Operated Websites

FOUNDATION REALTY requires that all persons or entities visiting any FOUNDATION REALTY sites on the World Wide Web ("Sites") agree to the following terms and conditions. By accessing a Site, you confirm your agreement to and acceptance of these terms.

Information Used Unless otherwise specified, copyright in all subject matter on any Site is owned by FOUNDATION REALTY. To the extent that FOUNDATION REALTY has the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, FOUNDATION REALTY grants you permission to copy or otherwise download from any Site, information and materials (including related graphics), provided:

  1. The materials are for internal, non-commercial use only, and
  2. Any copies of materials or portions thereof must include the copyright notice specified on the Site.

If attribution to FOUNDATION REALTY is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of FOUNDATION REALTY AND ITS AFFILIATES. Documents posted by FOUNDATION REALTY on a Site may contain other proprietary notices or describe products, services, processes or technologies owned by FOUNDATION REALTY or third parties. Nothing contained herein shall be construed by implication, estoppels or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of FOUNDATION REALTY or any third party.

Disclosure

FOUNDATION REALTY is under no obligation to monitor the information residing or transmitted to this site. However, anyone accessing this site agrees that FOUNDATION REALTY may monitor the site to

  1. comply with any necessary laws, regulations or governmental requests;
  2. in its sole discretion, operate the Site in a manner it deems proper or to protect against conduct it deems inappropriate.

FOUNDATION REALTY shall have the right but not the obligation, to reject or eliminate any information residing on or transmitted to the Site that it, in its sole discretion, believes is unacceptable or inconsistent with these terms and conditions.

In the event FOUNDATION REALTY AND ANY OTHER AFFILIATES receives information or materials through the Site, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information or material shall be deemed to be non-confidential and FOUNDATION REALTY assumes no obligation to protect same from disclosure. The submission of information or materials to FOUNDATION REALTY shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by FOUNDATION REALTY for any purpose whatever. In addition, you grant FOUNDATION REALTY AND ITS AFFILIATES the right, in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials you submit to through any Site.

Liability

You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall FOUNDATION REALTY or its affiliates be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the Internet generally, under contract, tort or any other cause of action or legal theory.

Although FOUNDATION REALTY believes the content to be accurate, complete, and current, FOUNDATION REALTY AND OR ITS AFFILIATES makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein .FOUNDATION REALTY may make changes in the products and/or the services described herein at any time.

Disclaimer

Access to each site (including any information or materials therein) is provided on an "as is" basis, without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by FOUNDATION REALTY, affiliates or their respective employees shall create any warranty. Neither FOUNDATION REALTY nor its affiliates warrant that the information or materials on, or access to, any site will be without interruption or error free.

Endorsements and Linked Sites

Some of the sites listed as links herein are not under the control of FOUNDATION REALTY. Accordingly, FOUNDATION REALTY makes no representations whatsoever concerning the content of those sites. The fact that FOUNDATION REALTY has provided a link to a site is NOT an endorsement, authorization, sponsorship, or affiliation by FOUNDATION REALTY with respect to such site, its owners, or its providers. FOUNDATION REALTY is providing these links only as a convenience to you. Has not tested any information, software, or products found on these sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and FOUNDATION REALTY cautions you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Internet Security

You agree that you will comply with any security processes and procedures (such as passwords) specified by FOUNDATION REALTY with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless you have been provided with explicit written authorization to do so by FOUNDATION REALTY AND OR ITS AFFILIATES ESPECIALLY HILTON HEAD REAL ESTATES.COM.

Other Terms

FOUNDATION REALTY has the right to make changes and updates to any information contained within this site without prior notice FOUNDATION REALTY reserves the right to change any of the Terms of Use without prior notice. Access to particular areas on the site may be subject to additional or different terms and conditions, as specified by FOUNDATION REALTY.

COMPLIANCE FAILURE

FOUNDATION REALTY COOPERATION has the right to terminate or restrict your access to any or all Sites, unilaterally and without notice, in the event you violate any of these Terms of Use. FOUNDATION REALTY also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.

Information Provided by You

Any information provided by you to FOUNDATION REALTY, including but not limited to feedback, data, questions, comments, suggestions, or the like, shall be deemed to be non-confidential FOUNDATION REALTY shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation.

Additionally, FOUNDATION REALTY AND ANY OR ALL AFFILIATES shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

 SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS
South Carolina Real Estate Commission
PO BOX 11847, Columbia, S.C. 29211-1847
Telephone: (803) 896-4400 Fax: (803) 896-4427
http://llr.sc.gov/POL/REC/
(Rev 1/17) Page 1 of 2
Pursuant to South Carolina Real Estate License Law in S.C. Code of Laws Section 40-57-370, a real estate licensee is required to provide you
a meaningful explanation of agency relationships offered by the licensee’s brokerage firm. This must be done at the first practical
opportunity when you and the licensee have substantive contact.
Before you begin to work with a real estate licensee, it is important for you to know the difference between a broker-in-charge and
associated licensees. The broker-in-charge is the person in charge of a real estate brokerage firm. Associated licensees may work only
through a broker-in-charge. In other words, when you choose to work with any real estate licensee, your business relationship is legally
with the brokerage firm and not with the associated licensee.
A real estate brokerage firm and its associated licensees can provide buyers and sellers valuable real estate services, whether in the form of
basic customer services, or through client-level agency representation. The services you can expect will depend upon the legal relationship
you establish with the brokerage firm. It is important for you to discuss the following information with the real estate licensee and agree on
whether in your business relationship you will be a customer or a client.
You Are a Customer of the Brokerage Firm
South Carolina license law defines customers as buyers or sellers who choose NOT to establish an agency relationship. The law requires real
estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a
timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be
provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose “material adverse facts”
about the property or the transaction which are within the licensee’s knowledge.
Unless or until you enter into a written agreement with the brokerage firm for agency representation, you are considered a “customer”
of the brokerage firm, and the brokerage firm will not act as your agent. As a customer, you should not expect the brokerage firm or its
licensees to promote your best interest.
Customer service does not require a written agreement; therefore, you are not committed to the brokerage firm in any way unless a
transaction broker agreement or compensation agreement obligates you otherwise.
Transaction Brokerage
A real estate brokerage firm may offer transaction brokerage in accordance with S.C. Code of Laws Section 40-57-350. Transaction broker
means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction
broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a
transaction without representing either party. The duties of a brokerage firm offering transaction brokerage relationship to a customer can
be found in S.C. Code of Laws Section 40-57-350(L)(2).
You Can Become a Client of the Brokerage Firm
Clients receive more services than customers. If client status is offered by the real estate brokerage firm, you can become a client by
entering into a written agency agreement requiring the brokerage firm and its associated licensees to act as an agent on your behalf and
promote your best interests. If you choose to become a client, you will be asked to confirm in your written representation agreement that
you received this agency relationships disclosure document in a timely manner.
A seller becomes a client of a real estate brokerage firm by signing a formal listing agreement with the brokerage firm. For a seller to
become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the
seller and the brokerage firm which becomes the agent for the seller.
A buyer becomes a client of a real estate brokerage firm by signing a formal buyer agency agreement with the brokerage firm. For a buyer
to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the
buyer and the brokerage firm which becomes the agent for the buyer.
SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS
South Carolina Real Estate Commission
PO BOX 11847, Columbia, S.C. 29211-1847
Telephone: (803) 896-4400 Fax: (803) 896-4427
http://llr.sc.gov/POL/REC/
(Rev 1/17) Page 2 of 2
If you enter into a written agency agreement, as a client, the real estate brokerage has the following client-level duties: obedience, loyalty,
disclosure, confidentiality, accounting, and reasonable skill and care. Client-level services also include advice, counsel and assistance in
negotiations.
Single Agency
When the brokerage firm represents only one client in the same transaction (the seller or the buyer), it is called single agency.
Dual Agency
Dual agency exists when the real estate brokerage firm has two clients in one transaction – a seller client and a buyer client. At the time you
sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage
firm to represent both you and the other client in a disclosed dual agency relationship.
Disclosed Dual Agency
In a disclosed dual agency, the brokerage firm’s representation duties are limited because the buyer and seller have recognized conflicts of
interest. Both clients’ interests are represented by the brokerage firm. As a disclosed dual agent, the brokerage firm and its associated
licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning the price
negotiations, terms, or factors motivating the buyer/client to buy or the seller/client to sell. Each Dual Agency Agreement contains the
names of both the seller client(s) and the buyer client(s) and identifies the property.
Designated Agency
In designated agency, a broker-in-charge may designate individual associated licensees to act solely on behalf of each client. Designated
agents are not limited by the brokerage firm’s agency relationship with the other client, but instead have a duty to promote the best
interest of their clients, including negotiating a price. The broker-in-charge remains a disclosed dual agent for both clients, and ensures the
assigned agents fulfill their duties to their respective clients. At the time you sign an agency agreement, you may be asked to acknowledge
whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other
client in a designated agency. Each Designated Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and
identifies the property.
It’s Your Choice
As a real estate consumer in South Carolina, it is your choice as to the type and nature of services you receive.
• You can choose to remain a customer and represent yourself, with or without a transaction broker agreement.
• You can choose to hire the brokerage firm for representation through a written agency agreement.
• If represented by the brokerage firm, you can decide whether to go forward under the shared services of dual agency or
designated agency or to remain in single agency.
If you plan to become a client of a brokerage firm, the licensee will explain the agreement to you fully and answer questions you may have
about the agreement. Remember, however that until you enter into a representation agreement with the brokerage firm, you are
considered a customer and the brokerage firm cannot be your advocate, cannot advise you on price or terms, and only provides limited
confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise.
The choice of services belongs to you – the South Carolina real estate consumer.
Acknowledgement of Receipt by Consumer:
Signature _____________________________________________ Date ______________
Signature _____________________________________________ Date ______________
THIS DOCUMENT IS NOT A CONTRACT.
This brochure has been approved by South
Carolina Real Estate Commission for use in
explaining representation issues in real
estate transactions and consumer rights as a
buyer or seller. Reprinting without
permission is permitted provided no
changes or modifications are made.