BDA REAL PROPERTIES LLC
These Terms of Service govern the use of the website operated by BDA REAL PROPERTIES LLC, a residential sales and leasing brokerage at 1068 E 1300 S, Salt Lake City - 84105-1859, United States (US). By accessing the website, submitting a message, requesting a valuation or engaging the brokerage for a purchase, a sale or a lease, a visitor or client agrees to be bound by these terms. Anyone who does not agree with these terms should not use the website or engage the brokerage through it.
The brokerage offers general information about its services on the website, but the information on the site is not legal, tax, accounting or investment advice. A client should obtain independent advice from a qualified professional for those matters. These terms work together with any written brokerage agreement that is signed for a specific transaction, and where a signed agreement conflicts with these terms, the signed agreement controls for that transaction.
A person who uses the website, sends a message through it or engages the brokerage accepts these terms in full. Acceptance occurs when the website is used, when a form is submitted or when a brokerage agreement is signed. If a person does not accept these terms, that person must stop using the website and must not submit information through it.
A person who accepts these terms on behalf of an entity represents that the person is authorized to bind that entity to these terms. Where a client is acting for a family trust, an estate or a company, the person providing instructions confirms that the person is entitled to give them.
BDA REAL PROPERTIES LLC provides residential brokerage services, including home purchase representation, listing and sale management, tenant placement, lease administration, market valuation reports and closing coordination. The website describes those services in general terms so a visitor can understand what the brokerage does and decide whether to make contact.
The brokerage may add, modify or discontinue a service at any time. A description on the website is not an offer to perform a service on particular terms, and no service is promised until a written agreement is signed or the brokerage confirms the engagement in writing.
The website is intended for adults who are able to enter into a binding contract. By using the website a visitor confirms that the visitor is at least eighteen years of age and is legally able to do so. A person who is under that age may use the website only with the involvement of a parent or guardian, and only for the purpose of learning about a family transaction.
The brokerage may decline to work with any person or entity for any lawful reason, including a conflict of interest, a concern about the safety of a transaction or a failure to meet the standards the office applies to its engagements.
Using the website, reading its content or submitting a general inquiry does not by itself create a brokerage relationship. A brokerage relationship is formed only when a written agreement is signed or when the brokerage confirms an engagement in writing. Until that point, the brokerage may represent another party in a transaction, and it does not owe a duty of representation to a person who has only browsed the site or sent a general message.
When a relationship is formed, the brokerage explains in writing the duties it owes, the duties that may be owed by another broker and the choices a client has about representation. A client should read that explanation carefully and ask questions before signing.
The content of the website is general information about a residential brokerage and is not legal, tax, accounting, lending or investment advice. The brokerage is not a law firm, a tax adviser, an accountant or a lender, and nothing on the website should be relied on as a substitute for advice from a qualified professional.
Decisions about a purchase, a sale, a lease, a refinance or an estate should be made with the help of advisers who are qualified for the specific matter. Where a transaction raises a legal question, the brokerage may recommend that a client obtain independent legal counsel, and the client is free to do so at any stage.
A client agrees to provide accurate, current and complete information about the property, the financing position and the goal, and to update that information when it changes. A client agrees to cooperate with reasonable requests for documents, to attend appointments on time and to communicate promptly when a decision is required so that a deadline is not missed.
A client also agrees not to use the brokerage for an unlawful purpose, not to misrepresent the condition or the ownership of a property and not to ask the brokerage to take a step that would violate the law, a fiduciary duty or the rights of another party. Where a client provides information that is later found to be inaccurate, the client is responsible for the consequences of that inaccuracy.
A market valuation prepared by the brokerage is an opinion of value based on the information available at the time it is written. It relies on the condition of the property, the recent recorded sales and the market conditions that apply on the date of the report. A valuation is not a guarantee of a sale price, an appraisal, or a promise that a lender will accept a particular figure.
A listing describes a property as it is known to the brokerage at the time it is published. Measurements, lot lines and descriptions are provided in good faith, but a buyer should verify them independently before relying on them. Where a previously unknown condition comes to light, the listing may be corrected, and the brokerage is not liable for a change that results from information it did not have.
The brokerage works to keep the website accurate and current, but it does not warrant that every page is free from error or that every statement is complete at the moment it is read. Market conditions change, laws change and individual properties differ, so a visitor should confirm any detail that matters to a decision before acting on it.
Where an error is found, the brokerage will correct it as soon as it is practical to do so. A correction does not create a right to a particular outcome, and a visitor who relies on website content does so with the understanding that the content is general in nature.
When the brokerage places a tenant or administers a lease, the rights and duties of the landlord and the tenant are set out in the written lease and in the law that applies to residential tenancies. The brokerage is not a party to the lease unless the brokerage signs it in that capacity, and the brokerage does not guarantee that a tenant will pay rent or that a landlord will perform every duty.
Screening is carried out against written criteria that the owner approves in advance, and it is applied consistently to each applicant. A decision to approve or decline an application is made on the basis of those criteria and the law, and it is documented so the reason for the decision can be explained if it is questioned.
The fees for a service are set out in a written agreement before the service begins. A commission on a sale is typically paid at closing from the proceeds of the transaction, while a leasing or management fee may be paid on a schedule stated in the agreement. No fee is charged unless it is described in writing and agreed to by the client.
Where a fee is owed and not paid, the brokerage may pursue the amount in accordance with the agreement and the law. A question about a fee should be raised with the office promptly so that it can be reviewed and, where warranted, corrected without delay.
The brokerage serves all clients without regard to race, color, religion, sex, disability, familial status, national origin or any other characteristic that the law protects. The office follows fair housing law in every listing, showing, valuation and leasing decision, and it expects clients and vendors to do the same.
A person who believes that a fair housing concern has arisen in connection with the brokerage is encouraged to raise it directly with the office and, where appropriate, with the relevant housing authority. The brokerage takes every such concern seriously and reviews it promptly.
A visitor agrees to use the website lawfully and only for its intended purpose. A visitor agrees not to attempt to gain unauthorized access to the site, not to interfere with its operation, not to introduce malicious code and not to scrape or harvest content at a volume that degrades the service for others. A visitor agrees not to submit false information or to impersonate another person.
The brokerage may limit or block access to the website where misuse is detected or suspected. Using the website in a way that harms the office, another visitor or a third party may result in civil or criminal liability in addition to the loss of access.
The content of the website, including its text, layout, design elements and the deed drawer motif, belongs to BDA REAL PROPERTIES LLC or is used with permission. A visitor may view, download and print a reasonable amount of content for personal, non commercial use, but may not reproduce, distribute, modify or republish the content for a commercial purpose without written permission.
The name BDA REAL PROPERTIES LLC and any related marks belong to the firm. Nothing in these terms grants a license to use a mark for a commercial purpose. A request for permission to use content should be sent to hello@bdarealty.lat.
The website may include content or links supplied by a third party, such as a map, a market data source or a public record. The brokerage provides those links as a convenience and does not control the third party sites that they reach. The brokerage is not responsible for the accuracy, the availability or the practices of a third party site.
A visitor who follows a third party link does so at the visitor own discretion and should review the terms and the privacy policy of the site that is reached before relying on it or providing information to it.
The website and its content are provided on an as available basis. To the fullest extent permitted by law, the brokerage disclaims all warranties, whether express or implied, including any warranty of merchantability, fitness for a particular purpose and non infringement. The brokerage does not warrant that the website will be uninterrupted, secure or free from error.
Some jurisdictions do not allow the exclusion of certain warranties, so part of this section may not apply to a particular visitor. Where a warranty cannot be excluded, it is limited to the shortest period and the smallest scope that the law permits.
To the fullest extent permitted by law, the brokerage is not liable for an indirect, incidental, special, consequential or punitive loss that arises from the use of the website or from an engagement, including a loss of profit, a loss of opportunity or a loss of data. The total liability of the brokerage for a claim connected to the website is limited to the amount the client paid to the brokerage for the service that gave rise to the claim.
Nothing in these terms limits a liability that cannot be limited by law. A client should keep independent records of a transaction, because the brokerage is not responsible for a loss that arises from a client own failure to keep a document or to act on a deadline that was communicated.
A client agrees to indemnify and hold harmless BDA REAL PROPERTIES LLC and its brokers, employees and agents from a claim, a loss, a liability or an expense that arises from the client own conduct, from information the client provided that was inaccurate or misleading, or from a client breach of these terms or of a signed brokerage agreement.
This obligation survives the end of an engagement, because a claim may arise after a transaction closes. The brokerage will notify a client of a claim that is subject to this section where the law and the circumstances allow.
The brokerage may suspend or end access to the website or to a service where these terms are breached, where the law requires it or where a continued engagement would be unsafe or improper. A client may end an engagement by following the termination provision in the signed agreement.
When an engagement ends, the brokerage returns or retains documents in accordance with the law and the signed agreement, and it keeps the records that a licensed brokerage is required to keep. Ending an engagement does not release a client from an obligation to pay a fee that was already earned under the agreement.
These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. A dispute that is not resolved by discussion will be brought in a court of competent jurisdiction located in Salt Lake County, Utah, and each party consents to that venue.
Where a signed brokerage agreement contains its own governing law or venue provision, that provision controls for a dispute that arises under the agreement.
The parties agree to attempt to resolve a dispute through good faith discussion before starting a formal proceeding. A party who has a concern should raise it in writing with the office so that the matter can be reviewed and, where possible, corrected. Where a formal step becomes necessary, the parties may agree to mediation before litigation.
Nothing in this section prevents a party from seeking urgent relief from a court where a delay would cause harm, and nothing prevents a party from reporting a matter to a regulator that has authority over the brokerage.
The brokerage may update these Terms of Service from time to time to reflect a change in the law, a change in the services offered or a change in the way the website is operated. When a change is made, the updated terms are posted on this page with a new update date. Continued use of the website after an update means the revised terms are accepted.
A client who has a signed agreement for an ongoing transaction will be given notice of a change that materially affects that transaction, as required by the agreement and the law.
Questions about these Terms of Service may be sent to BDA REAL PROPERTIES LLC using any of the following.
BDA REAL PROPERTIES LLC
1068 E 1300 S
Salt Lake City - 84105-1859
United States (US)
Email: hello@bdarealty.lat
Phone: +13263366683
The office aims to answer every question about these terms within a reasonable time.