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Terms and Conditions

Air List is a Mere Posting

In agreeing to use the Air List service offered by Air Realty Limited, you, as seller, understand and acknowledge that Air Realty Limited is only providing the service of a mere posting and is not providing any services to you other than submitting your listing on the NSAR/AVREB MLS® System. A mere posting is simply a listing of a particular eligible property on the NSAR/AVREB MLS® System.

Pursuant to MLS® Rule 3.02, Air Realty Limited must act for you to post, amend or remove a property listing in the NSAR/AVREB MLS® System. The nature of any additional services to be provided by Air Realty Limited to you would be determined by any subsequent or other agreement between Air Realty Limited and you.

You acknowledge and agree that purchasing the Air List service does not create an agency relationship between you and Air Realty Limited. Air Realty Limited is not your agent, does not owe you any fiduciary duties or other advantages, protections and services typically associated with an agency relationship, and will not provide you with any services that requires the exercise of discretion or judgment, the giving of confidential advice or advocating on your behalf. You are a customer throughout the use of the website regardless of the services provided.

By agreeing to use the Air List service, you acknowledge and agree that Air Realty Limited is required to comply with NSAR/AVREB and MLS® rules and regulations for the efficient operation of the NSAR/AVREB MLS® System, including, without limiting the generality of the foregoing:

  1. Reporting of sales as well as keeping the listing information up-to-date (i.e. changes to price);
  2. Reporting all accepted conditional sales on the NSAR/AVREB MLS® System within 3 days, excluding Saturdays, Sundays and Holidays by Air Realty Limited only;
  3. Listing your property on the NSAR/AVREB MLS® System only for the duration permitted under any governing rules or regulations;
  4. Entering any changes on the NSAR/AVREB MLS® System, not later than 72 hours following receipt of any information regarding change in price, terms or conditions of the sale of the listing; and
  5. Ensuring that property sales information for properties listed on the NSAR/AVREB MLS® System, including the reporting of conditionally sold properties and sales prices, be reported to the NSAR/AVREB as per such rules.

$1 for Co-operating Brokerage

Air Realty Limited is only required to pay $1.00 to the co-operating brokerage upon invoice. The balance of the commission (if any) is offered directly by you and should be confirmed by the co-operating brokerage through a Fee Agreement with you. The buyer’s agent may contact the you to enter into a Fee Agreement.

Seller’s Responsibilities

By accepting the terms and conditions herein contained, you, as seller, hereby agree to:

  1. Provide Air Realty Limited with all the information necessary for the posting of the property in question on the MLS® System;
  2. Determine whether the proposed transaction is subject to HST. You are advised to obtain whatever professional assistance you deem necessary to make that decision;
  3. Promptly communicate and cooperate with Air Realty Limited;
  4. Disclose to Air Realty Limited in writing all material latent defects affecting the property in question known to you;
  5. Immediately advise Air Realty Limited in writing of any material change in the physical condition or status of the property in question or in the information provided by you;
  6. Within 24 hours of acceptance of a conditional offer, disclose in writing the date of said accepted conditional offer, conditional dates, the purchase price and the closing date;
  7. Within 24 hours, advise Air Realty Limited in writing if the conditions contained in the Agreement of Purchase of Sale have been met, amended or terminated; and
  8. Agree that related documentation that may be transmitted electronically and that reproductions of the signatures therein will be treated as originals.

Seller Information on the NSAR/AVREB MLS® System

You acknowledge and agree that when you direct Air Realty Limited in writing to do so, your contact information may appear in the REALTOR® only remarks (nonpublic) section of a listing on the NSAR/AVREB MLS® System. Your contact information shall not appear on REALTOR.ca or in the general (public) remarks section of a listing on the NSAR/AVREB MLS® System. Air Realty Limited may include a direction in the General Description section on REALTOR.ca or on websites operated by CREA or a Board/Association to visit the REALTOR® website to obtain additional information about the listing (but the nature of such additional information shall not be specified).

Where you have reserved the right to sell the property yourself, that fact shall be specified in the NSAR/AVREB MLS® System. This disclosure shall be made in the REALTOR® Remarks section.

Due to MLS® rules and regulations your personal information is not allowed on the MLS/REALTOR.ca. Your information is available on the back-end of the MLS® to buyer’s agents. Buyer’s agents will have access to your contact information when looking to book a showing of your property.

Indemnity

You shall indemnify and save harmless Air Realty Limited from and against all direct, indirect and consequential losses, costs, fees, charges, disbursements, damages, expenses, legal expenses and fees (on a fully indemnity basis), claims, actions, suits, demands and liabilities whatsoever, suffered or incurred by or brought against Air Realty Limited arising from you failing to fulfil any obligations hereunder or any inaccuracy, misstatement or misrepresentation made in connection with any information you provide to Air Realty Limited using the Air List feature. For greater certainty, you are solely responsible for verifying the accuracy of all information you provide to Air Realty Limited.

Revisions to Terms and Conditions

Air Realty Limited reserves the right to change, modify, add or remove portions of these terms and conditions at any time. Such changes, revisions or modifications must be effective immediately upon notice to you, which may be given by any means.

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