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Legal Disclosures

Last Updated: July 1, 2020

Serhant LLC Terms of Use

Welcome to the Serhant LLC website (the “Website”), owned and operated by Serhant LLC (“Serhant,” “we,” “us,” or “our”). We provide you access to the Website and those services made available through the Website (together with the Website, the “Services”) subject to the following terms and conditions, as amended by Serhant from time to time without notice (the “Terms of Use”).

BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE HEREBY INCORPORATED INTO THESE TERMS OF USE BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.



Capitalized terms not defined in these Terms of Use shall have the meaning set forth in the Privacy Policy.

The Services and Users

The Website provides information to visitors and registered users about Serhant, our real estate listings, and our Services.  Through the Services, visitors and registered users may search real estate listings posted by our agents (“Agents”). Our Services have several types of users:



Visitors.  Visitors to our Website, as the term implies, are people who do not register for an account, but want to explore the Website for informational purposes and search listings.  No login is required for visitors to the Website.  Visitors can access all publicly-available content and features of the Website, and can contact us using the contact link on the Website.  



Registered Users; Accounts. Registered users have additional functionalities of the Services including the ability to save listings and manage favorites.  If you desire to register for the Services, you will be prompted to create a user name (“User Name”), a password (“Password”), and perhaps provide certain additional information that will assist in authenticating your identity when you logs-in in the future (“Unique Identifiers”).  When creating your account, you must provide true, accurate, current, and complete information.  Each User Name and corresponding Password can be used by only one user.  You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them.  You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier.  We reserve the right to delete or change your Password, User Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.  



Agents.  If you are an Agent, you may use the Services subject to a separate written agreement between you and Serhant and any additional terms of use associated with the Services’ agent portal (collectively, the “Brokerage Agreement”).  If any terms of the Brokerage Agreement conflict with any of the terms of these Terms of Use, the terms of the Brokerage Agreement shall prevail.

Access

Eligibility.  The Services are available only to individuals aged 13 years or older.  If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it.  If you are under the age of 13, you may use the Services only with the consent of your parent or guardian.  We reserve the right, in our sole and absolute discretion, to deny you access to the Services, or any portion thereof, including by closing or disconnecting your account, without notice and without reason.



Usage Rights and Restrictions.  Subject to these Terms of Use, Serhant grants you a limited, non-transferable, non-exclusive, license to access and use the Services solely for your personal, non-commercial use. Serhant may terminate this license at any time for any reason.  Further, when using or accessing the Services, you agree that:

You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;

You will not access or use the Services to collect any market research for a competing business;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not interfere with, or attempt to interrupt the proper operation of, the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;

You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;

You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;

You will not use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

You will not resell, distribute, or sublicense the Services or use it for the benefit of anyone other than you;

You will not remove or modify any proprietary markings or restrictive legends placed on the Services; and

You will not introduce, post, or upload to the Services any computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.

Modifications.  Serhant reserves the right, at any time, to modify, suspend, or discontinue the Services, or any part thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms of Use, you acknowledge you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with Serhant.

Intellectual Property

The Services are protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in this Agreement, Serhant and our licensors exclusively own all right, title, and interest in and to the Services and all Content, including all associated intellectual property rights.  You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.

The Services contain material, such as software, text, graphics, images, photographs, video, and other material provided by or on behalf of Serhant (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.

You may view all Content for your own personal, non-commercial use.  No other use is permitted without the prior written consent of Serhant. We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content.  You must retain all copyright and other proprietary notices contained in the original Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

The trademarks, service marks, and logos of Serhant (the “Serhant Trademarks”) used and displayed on the Services are registered and unregistered trademarks or service marks of Serhant. Other company, product, and service names located on the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Serhant Trademarks, the “Trademarks”). Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Serhant Trademarks inures to our benefit.

Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Services or our good and services  (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party.  You represent and warrant to Serhant that any Feedback or other information that you provide to us via the Services or any other communication to Serhant (collectively, “User Content”) that (i) the User Content is your original creation (or that you otherwise have the right to provide the User Content to Serhant), (ii) you have the rights necessary to grant the us the right to use the User Content as described in this paragraph, and (iii) the User Content and its use by Serhant and our content partners as permitted hereunder does not and will not infringe or misappropriate the intellectual property or moral rights of any third party.  You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in the immediately preceding sentence.

No warranties; Limitation of Liability

THE SERVICES, INCLUDING ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SERHANT DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVICES, OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.



IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OF THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

Digital Millennium Copyright Act

Serhant respects the intellectual property of others, and we ask our users to do the same. Each individual (including each of our brokers and agents) is responsible for ensuring that content he or she posts, uploads, or shares to Serhant does not infringe any third party copyright or other intellectual property rights.

If properly notified that any materials infringe a third party’s copyright, Serhant will review all claims and promptly remove such materials from the Services. In addition, Serhant may, when appropriate, terminate the accounts of repeat copyright infringers.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

Your name, address, telephone number, and email address.

A description of the copyrighted work that you claim has been infringed.

A description of where on the Serhant Services the material that you claim is infringing may be found, sufficient for Serhant to locate the material (e.g., the URL).

A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Your electronic or physical signature.



You may submit this information, or any counter notice, via:



Email, with the subject line “Copyright Notices” to: [email protected]; or



Offline, to:



Serhant LLC

c/o Lester Bleckner & Shaw LLP

350 Fifth Avenue, Suite 3301

New York, New York 10118

Serhant may disclose any communications concerning Digital Millennium Copyright Act (“DMCA”) or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.



If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see U.S. Copyright Act, 17 U.S.C. § 512(c)(3) for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see U.S. Copyright Act, 17 U.S.C. § 512(g)(3) for more information.

Compliance With Applicable Laws

The Services are based in the United States.  We make no claims concerning whether the Website or Services are accessible, or whether Content may be downloaded, viewed, or be appropriate for use, outside of the United States.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. 

Controlling Law

This Agreement, and any action related hereto, will be governed by the laws of the State of New York without regard to its conflict of laws provisions. 

Binging arbitration

In the event of a dispute arising under or relating to this Agreement or any Services provided by us (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All Disputes will be resolved before a neutral arbitrator selected jointly by you and Serhant, whose decision will be final, except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’s Streamlined Arbitration Rules and Procedures. All applicable JAMS rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Serhant will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside.  The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration.  As set forth in Section 10 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

Communications Decency Act Notice

Serhant is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any third-party Content is limited as described therein.  We are not responsible for any third-party Content, including, without limitation, the Content posted by Agents.  We neither warrant the accuracy of any Content nor exercise any editorial control over any third-party Content, nor do we assume any legal obligation for editorial control of such third-party Content or liability in connection with such third-party Content, including any responsibility or liability for investigating or verifying the accuracy thereof.

External Sites

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

Changes to These Terms of Use

We may change these Terms of Use from time to time without notice.  Any such changes will be posted on the Website.  By accessing the Services after we make any such changes to the Terms of Use, you are deemed to have accepted such changes.

General

No failure or delay by Serhant in exercising any right or remedy under these Terms of Use will operate, or be deemed to operate, as a waiver of any such right or remedy.  If any provision of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of these Terms of Use will remain in full force and effect.  These Terms of Use constitute the final and complete agreement between you and Serhant regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of these Terms of Use.

How to Contact Us

If you have questions about these Terms of Use, please contact us via email at [email protected].

Disclosures

Broker Restriction in New York

Any real estate broker, salesperson, agent, or similar state-licensed real estate professional (“Real Estate Agent”) who uses the Services for its customers must first enter into a Brokerage Agreement with Serhant. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Services for the purposes of verifying compliance with the provisions of these Terms of Use, any agreement between Serhant and REBNY directly, or any other applicable RLS rules or policies or any other multiple listing system or real estate board to which Serhant subscribes. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Services for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Services in any way, including, without limitation, advertising our property listings, copying our content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.

New York State Disclosure Form For Buyers And Sellers

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 agents. Throughout the transaction you may receive more than one disclosure form. The law may require 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.

Broker Restrictions in Florida

The data relating to real estate for sale/lease on this web site come in part from a cooperative data exchange program of the multiple listing service (MLS) in which this real estate firm (Broker) participates. The data is provided exclusively for the user's personal non-commercial use, and may not be used for any purpose other than to indentify properties that the user may be interested in purchasing or leasing. The properties displayed may not be all of the properties in the MLS's database, or all of the properties listed with Brokers participating in the cooperative data exchange program. Properties listed by Brokers other than this Broker are marked with either the listing Broker's logo or name or the MLS name or a logo provided by the MLS. Detailed information about such properties includes the name of the listing Brokers. Information provided is deemed reliable but is not guaranteed to be accurate; you are advised to verify facts that are important to you. No warranties, expressed or implied, are provided for the data herein, or for their use or interpretation by the user. Florida Realtors® and its cooperating MLSs do not create, control or review the property data displayed herein and take no responsibility for the content of such records. Federal law prohibits discrimination on the basis of race, color, religion, sex, handicap, familial status or national origin in the sale, rental or financing of housing.

Beaches MLS® All information deemed reliable but not guaranteed. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) or information provider(s) shall be responsible for any typographical errors, misinformation, misprints and shall be held totally harmless. Listing(s) information is provided for consumer's personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. The data relating to real estate for sale on this website comes in part from the Internet Data Exchange program of the Multiple Listing Service. Real estate listings held by brokerage firms other than Prakas Luxury Real Estate may be marked with the Internet Data Exchange logo and detailed information about those properties will include the name of the listing broker(s) when required by the MLS. Copyright ©2023 All rights reserved. Last Updated: January 20, 2023 7:26 PM UTC.

Disclosures 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 interest 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 Agent

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller cannot provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.

Dual Agent

A real estate broker may represent both the buyer and 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. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.

Dual Agent With Designated Sales Agents

If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent 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 agents before agreeing to such representation.

A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. 

This form was provided to me by Serhant LLC, a licensed real estate broker acting in the interest of the: ( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)





( ) Seller’s agent (X) Buyer’s agent



( ) Broker’s agent ( ) Broker’s agent



( ) Dual agent



( ) Dual agent with designated sales agent


If dual agent with designated sales agents is indicated above: ______ 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:


Electronic signature of (X) Buyer(s) and/or ( ) Seller(s)

New York State Buyer and Seller Disclosure Form

New York State Disclosure Form For Landlord And Tenant

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 agents. Throughout the transaction you may receive more than one disclosure form. The law may require 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.

Disclosures Regarding Real Estate Agency Relationships 

Landlord’s Agent

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 tenant’s ability and/or willingness to perform a contract to rent or lease landlord’s property that are not consistent with the agent’s fiduciary duties to the buyer.

Broker’s Agent

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a tenant’s agent (but does not work for the same firm as the listing agent or tenant’s agent) to assist the listing agent or tenant’s agent in locating a property to rent or lease for the listing agent’s landlord or the tenant agent’s tenant. The broker’s agent does not have a direct relationship with the tenant or landlord and the tenant or landlord cannot provide instructions or direction directly to the broker’s agent. The tenant and the landlord therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or tenant’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or tenant’s agent will have liability for the acts of the broker’s agent.

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. A landlord or tenant may provide advance informed consent to dual agency by indicating the same on this form.

Dual Agent With Designated Sales Agents

If the tenant and the landlord provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the tenant and another sales agent to represent the landlord. A sales agent works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales agent for the tenant will function as the tenant’s agent representing the interests of and advocating on behalf of the tenant and the designated sales agent for the landlord will function as the landlord’s agent representing the interests of and advocating on behalf of the landlord in the negotiations between the tenant and the landlord. A designated sales agent cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales agent 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 agents before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. 

This form was provided to me by Serhant LLC, a licensed real estate broker acting in the interest of the:





( ) Landlord as a (check relationship below) ( ) Tenant as a (check relationship below)



( ) Landlord’s agent ( ) Tenant’s agent



( ) Broker’s agent ( ) Broker’s agent



( ) Dual agent

( ) Dual agent with designated sales agent

If dual agent with designated sales agents is indicated above:______ is appointed to represent the tenant; and ______ is appointed to represent the seller in this transaction.



I/We acknowledge receipt of a copy of this disclosure form:

Electronic signature of ( ) Landlord(s) and/or ( ) Tenant(s)



New York State Landlord and Tenant Disclosure Form

 

Copyright 2020 Serhant LLC.  All rights reserved.

 

Last Updated: June 15, 2020

Privacy Policy

Serhant Real Estate Inc. (“Serhant,” “we,” “us,” or “our”) welcomes you.  Our Services are subject to the following privacy policy (the “Privacy Policy”), which may be updated by us from time to time without notice to you.  By accessing or using the Services, or otherwise manifesting your assent to this Privacy Policy, you agree to be bound by this Privacy Policy, and the [Terms of Use], which together make up the Agreement. If you do not agree to (or cannot comply with) all of the terms of the Agreement, you may not access or use the Services.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

The Information We Collect and How We Use It

Search Information

If you are searching for property listings using the Services, we may request additional information to tailor results to better suit your needs. Such information may include how many individuals are in your household, and housing preferences.  This information may also be disclosed to individual agents but only for use as expressly permitted in this Privacy Policy.

Server Log Information

Our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Services, and details regarding your activity on the Services such as time spent on the Services and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.

Cookies

We may collect information using “cookie” and other similar technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both first and third party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below. 

Session Cookies

We use session cookies to make it easier for you to navigate our Services. A session ID cookie expires when you close the Services. 

Persistent Cookies

A persistent cookie remains on your device for an extended period of time or until you delete them. To the extent we provide a log-in portal or related feature on our Services, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once.  Persistent cookies also enable us to track and target the interests of our visitors to personalize the experience on our Services.

If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Services may not function properly or as intended.

Third-Party Analytics Providers

We use one or more third–party analytics services to evaluate your use of the Services, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data. 

By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services. 

For Google Analytics, please visit: https://www.google.com/analytics

For Facebook, please visit: https://www.facebook.com/about/privacy

Third Party Advertisers/Remarketers

We may share or receive information about you with/from third parties, including, but not limited to, advertising and remarketing providers, or similar partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags, or other technologies to collect information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, retargeting, and remarketing), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. Information that we may receive from these third parties, including through their service providers, may include advertising identifiers, IP addresses, reports, and campaign data. 

By accessing and using the Services, you consent to the processing of data about you by these advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please note that this list may be subject to change based on the campaigns that we run.

For Google Adwords, please visit: https://adssettings.google.com/authenticated

Aggregate Data

In an ongoing effort to better understand our users and the Services, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.

Onward Transfer to Third Parties 

Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: hosting services, technical assistance, database management/back-up services, use analytics, email marketing platforms, and customer service. 

To provide our Services and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. 

We may, from time to time, share and/or license personal information to other companies who may provide you information about the products and services they or their partners offer.  However, to the extent required by law, you will be given the opportunity to opt out of such sharing. 

We may disclose the personal information of Clients to Agents, and vice versa, in connection with the Agent’s provision of services related to the sale, purchase, or lease of real estate listings and the advertising and marketing of real estate listings.

We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing and sale our Services.

Business Transfers

In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon Serhant and its legal successors in interest.

Disclosure to Public Authorities 

We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas. 

Opt-Out for Direct Marketing; Email Management 

You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to [email protected]  or by clicking on the “Unsubscribe” link located on the bottom of any Serhant marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services. 

How We Protect Your Information

Serhant takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we implement reasonable security measures designed to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in processing and the nature of such data, and to comply with applicable laws and regulations.  Please understand, however, that no security system is impenetrable.  We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet.  In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Children

We do not knowingly collect personal information from children under the age of 13 through the Services. If you are under 13, please do not give us any personal information.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at [email protected] , and we will endeavor to delete that information from our databases.

Important Notice to All Non-us Residents

Our servers are located in the US and elsewhere. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Serhant via email at [email protected].

Do Not Track

Serhant does not respond to “Do Not Track” settings or other related mechanisms at this time.

Nevada Privacy Rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at [email protected]  with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

Links to External Websites

The Services may contain links to third-party websites (“External Sites”). Serhant has no control over the privacy practices or the content of any such External Sites.  As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of use when visiting any such External Sites. 

Changes to This Privacy Policy

This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time with or without notice to you. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information.  Please refer back to this Privacy Policy on a regular basis. 

How to Contact Us

If you have questions about this Privacy Policy, please e-mail us at [email protected] with “Privacy Policy” in the subject line. 

 

Fair Housing Statement

We are pledged to the letter and spirit of United States policy for the achievement of equal housing opportunity. We encourage and support an affirmative access to service in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin by:

  • Providing equal professional service to all.
  • Keeping informed about fair housing laws and practices, thereby expanding upon our customers' and clients' opportunities.
  • Demonstrating through advertising and the media that everyone is welcome and no one is excluded.
  • Informing our clients and customers about our rights and responsibilities under the fair housing laws.
  • Documenting our efforts to provide equal professional service whenever possible.
  • Committing to continue in the development and implementation of fair housing practices in accordance with our leadership role in the real estate profession.
  • Refusing to tolerate non-compliance.

We endeavor to treat all parties fairly and honestly and to support equal housing opportunities.

For more information on Fair Housing Laws, please review this link to the Fair Housing Notice issued by the New York State Division of Licensing Services or visit https://dhr.ny.gov/sites/default/files/pdf/nysdhr-fair-housing-guide.pdf.