Terms of Use

AgentFactCheck.com was created to protect the public from misleading and fictitious claims made by real estate agents. “Agent FactCheck” refers to this website and Kenneth Robillard and all related subsidiaries and corporate affiliates owned in total or part by Kenneth Robillard. Any person accessing or using Agent FactCheck is referred to as “you” or “user”. Any person who Signs Up on AgentFactCheck.com is referred to as “member” or “member user”. The term “Participating Agent” and/or “Referral Agent” refers to any licensed real estate and/or broker’s licensed agent who has signed up and registered with AgentFactCheck.com.

     

This website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Accessing, browsing, and using this website is your acknowledgement that you have read, understood, and agree to comply with the terms and conditions stated herein. Do not use or access this website or its services if you do not agree to be bound by the terms and conditions of the Agreement.

You can review the most current version of the Terms of Use at any time at:http://AgentFactCheck.com/company/terms.aspx.

Welcome to AgentFactCheck.com. We are a real estate agent vetting service. We fact-check real estate agents and verify their actual home sales records using Realtor MLS data sources. We maintain a list of the agents who meet our posted Standards of Practice. All agents on our referral roster have cleared a Department of Real Estate compliance check and their MLS sales record has been verified using information received from third parties.

You can review the most current version of the Agent Standards of Practice at any time at:http://AgentFactCheck.com/company/standardsofpractice.aspx.

For an agent to qualify to participate in our referral system, that agent must have closed six escrows (sales) in the most recent year prior and must also live in or have an office in the immediate area they are to represent. We are a free public service to individual home buyers and sellers. We are paid a small fee by the agent for this referral service and this allows us to keep this valuable program operating. Agent FactCheck is a FREE PUBLIC SERVICE.

Any terms of agreement between participating agents and other real estate service providers are not endorsed, recommended or otherwise known to or by Agent FactCheck.

You agree that Agent FactCheck may in its sole discretion and at any time terminate your access to and use of the service and website, or any part thereof, with or without notice. You further agree that use of Agent FactCheck and any of its services shall be immediately terminated if you violate these Terms of Use.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

All content on AgentFactCheck.com, including but not limited to all information, text, graphics, illustrations, graphics, logos, button icons, images, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on Agent FactCheck is owned by Agent FactCheck with all rights reserved unless otherwise noted. Software used on this site is the property of Agent FactCheck or its software suppliers and is protected by United States and international copyright laws.

To the extent that you submit or otherwise transmit Content on or through Agent FactCheck, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via this website. You also warrant and represent that you own or otherwise control all of the rights to such Content.

All Content is Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Content in any way (including by e-mail or other electronic means) from this Website without prior written consent by Agent FactCheck. Modification of any Content or use of any Content for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Content on any other site or networked computer environment, or maintaining unauthorized links to Agent FactCheck or any websites in the Agent FactCheck network is prohibited by these Terms.

Disclaimer of Warranties

AgentFactCheck.com, all officers, directors, advisors, agents, employees, staff, volunteers, participating agents, lenders, real estate professionals, and/or suppliers

AGENTSBYZIP, ALL PERSONS IN THE AGENTSBYZIP NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, STAFF, VOLUNTEERS, AND/OR SUPPLIERS, PARTICIPATING AGENTS, LENDERS, AND REAL ESTATE PROFESSIONALS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AGENTSBYZIP’ SERVICES YOU USE IS AT YOUR OWN RISK. WE, ALL PERSONS IN THE AGENTSBYZIP NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, STAFF, VOLUNTEERS, AND/OR SUPPLIERS, PARTICIPATING AGENTS, LENDERS, AND REAL ESTATE PROFESSIONALS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE BY THE USE OF THIS WEBSITE WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALL PERSONS IN THE AGENTSBYZIP NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, STAFF, VOLUNTEERS, AND/OR SUPPLIERS, PARTICIPATING AGENTS, LENDERS, AND REAL ESTATE PROFESSIONALS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL ALL PERSONS IN THE AGENTSBYZIP NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, ADVISORS, STAFF, VOLUNTEERS, AND/OR SUPPLIERS, PARTICIPATING AGENTS, LENDERS, AND REAL ESTATE PROFESSIONALS BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Responsibilities of Participating Real Estate Agent Professionals

In using our services as a participating agent with AgentFactCheck.com, you warrant and agree to the following:

  1. All clients referred by Agent FactCheck are exclusive clients of AgentsByZip and you and/or your broker will not market to said client in any manner during or after the time you work with said client whether or not a sale is completed. You shall not contact client after a home sale has been completed other than for routine follow-up matters related to said home sale.  
  2. The information you provide to Agent FactCheck is true and accurate you are the same real estate salesperson or broker with a current and valid license as submitted in the Sign Up and Registration process.
  3. You have successfully closed a minimum of six and a maximum of twenty escrows in the year prior to the date you signed up for AgentFactCheck.com.
  4. Your office or your residence is located in or adjacent to the zip codes you register with AgentFactCheck.com.
  5. All information you provide to AgentFactCheck.com is true and accurate and you will maintain your profile with the most current updates.
  6. You acknowledge you have informed your broker and/or manager and have their permission to sign up on AgentFactCheck.com if you are working under an employing broker’s license.
  7. You are in full compliance with all real estate licensing laws and carry appropriate and adequate insurance coverage.
  8. You will never sign up and/or register as a buyer on AgentFactCheck.com whether you intend to buy or sell property or not.
  9. A qualified referral client is a buyer or seller who contacts AgentFactCheck.com before contacting the agent. You may be contacted by a qualified referral client directly however most of the time you will first receive the client’s contact information and briefing by email/text from Agent FactCheck.
  10. You will not use any information provided by AgentFactCheck.com to in any way contact or attempt to work with a home buyer or seller in any manner without first confirming the contact with AgentFactCheck.com.
  11. You are responsible for all information provided to referral clients.
  12. This agreement is at will. AgentFactCheck.com may without notice terminate any agent from the referral client program at any time.
  13. You and your broker agree to pay Agent FactCheck a referral fee of twenty percent (20%) of the referral side’s gross commission and calculated on the minimum of two percent (2%) of gross sale price prior to any split of commission between agent and broker or allocation of fees to third party vendors (i.e. escrow coordinators, assistants, etc) for all qualified client referrals at the close of a real estate escrow.
  14. An AgentFactCheck.com qualified referral client is any person (including legal entities) who as a home buyer or seller contacted AgentFactCheck.com before contacting the participating agent. AgentFactCheck.com will notify you via text/email of all referral client data as we receive it.
  15. In the event that at any time you learn that a qualified referral client provided AgentFactCheck.com with false or misleading contact data, you will immediately notify AgentFactCheck.com and confirm this referral client contact so we can track any resulting transaction.
  16. You are a member in good standing with the National Association of Realtors and will use the highest standards suggested by the Realtor Code of Ethics when working with AgentFactCheck.com qualified referral clients.
  17. You will obtain any approvals or authorizations that may be required by local governmental or other parties so that this referral agreement remains in compliance with regulations and the referral fee is paid to AgentFactCheck.com.
  18. You will file a C.A.R. Referral Fee Agreement (RFA-11) signed by you and your broker with Agent FactCheck at the time of registration and before you receive and referral client information. Because agent response time is of the essence when a serious client decides to talk with an agent, we sign the RFA-11 up front so there is no delay when that time comes.
  19. Your participation in the AgentFactCheck.com agent referral program at will and you may be terminated without notice for violation of any of these terms of use for agents.
  20. You understand and agree that any unauthorized and/or fraudulent use of any service provide by Agent FactCheck work may subject you to civil and/or criminal liability.

Responsibilities of Buyers and Sellers

In using our services as a home buyer and/or home seller, you warrant and agree to the following:

  1. All information you provide to Agent FactCheck including name and contact information is accurate and honest to the best of your knowledge.
  2. You are interested in buying or selling a home.
  3. You give your consent to being contacted by a representative from Agent FactCheck and by the agent we refer to you and you hereby consent of these phone calls even if your number is listed on any Do Not Call List.
  4. You are of legal age and capacity to form a legally binding contract in California.
  5. You acknowledge and understand that Agent FactCheck does not provide real estate services and does not have any agency relationship with you. Agent FactCheck is acting as an agent referral service only. You are an exclusive client of Agent FactCheck for the purpose of preventing agents from marketing to you or sending you SPAM.
  6. You acknowledge and understand that Agent FactCheck makes no representations, endorsements, recommendations and/or warranties of the products or services of any participating agent, lender or real estate professional participating on AgentFactCheck.com. You also acknowledge that Agent FactCheck recommends participating agents on the sole basis that said agents have meet the Standards of Practice as posted on this site.
  7. You acknowledge Agent FactCheck has no direct affiliation to any lending company or real estate company and agree Agent FactCheck will not be liable for any damages and any costs which in any way arise from your use of said lending and/or real estate companies.
  8. You acknowledge that this website does not contain a binding offer or promise in any way to make a specific loan or that a participating agent, lender or real estate professional will make any loan for any purpose on any specific terms. You further acknowledge Agent FactCheck does not and will not guarantee in any way that any specific loan terms, conditions and/or rates offered and/or made available by a participating agent, lender or real estate professional are the best terms, conditions and/or rates available. Nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement unless it is expressed in writing and signed by all parties.
  9. You are not obligated to accept any offers for service from any participating agent, real estate professional or lender. Agent FactCheck is a free public service. Even if you Sign Up as a member you are not obligated in any way to Agent FactCheck or any agent, lender or real estate professional or other service we refer.
  10. You acknowledge that ratings and/or reviews posted by users may not reflect the quality of service you may receive from a participating agent, lender or real estate professional. Agent FactCheck is not liable for any claims of damage arising from the integrity of any member/user rating and/or review.
  11. You acknowledge that Agent FactCheck attempts to verify the any information, profile, promotion, offer, or service that are reported by participating agents, lenders and real estate professionals however cannot and does not warrant the accuracy of said information provided by participating agents, lenders and real estate professionals.
  12. You acknowledge Agent FactCheck does not warrant or represent that participating agents, lenders and real estate professionals are in compliance with all legal licensing requirements, bankruptcy free, carry sufficient and appropriate insurance at the time of sign up, currently or thereafter registration. You agree to independently verify this information with the proper authorities prior to engaging a participating agent, lender or real estate professional.

Responsibilities of all Users and Service Providers

You are solely responsible for maintaining the accuracy of your account including but not limited to all acts or omissions under your account or password, accuracy and thoroughness of all content you cause to be submitted, posted, or transmitted through AgentFactCheck.com.

You agree not to use Agent FactCheck to commit any of the following acts:

  1. Violate any local, state, federal or international law or statute.
  2. Harass, stalk, harm or otherwise violate the request of any individual after being told by said individual to stop your communication.
  3. Collect, mine, harvest or store any personal data about site users or contact users for any purpose other than directly related to deliver the specific service for which you were referred.
  4. Impersonate or use the identity of any person or entity other than yourself.
  5. Misrepresent your affiliate relationship with any person or entity.
  6. Interfere with or in any way attempt to disrupt the services provided by AgentFactCheck.com.
  7. Disobey any Terms of Use in this agreement including but not limited to all requirements, policies and procedures, regulations and conditions of networks connected to AgentFactCheck.com.
  8. Submit, post, upload, generate, store, forward or transmit any: (a) content deemed to be unlawful, harmful, abusive, harassing, tortuous, libelous, threatening, hateful, racist, sexist, homophobic, or otherwise objectionable; (b) content for which you do not have the rights to submit because of any stature, legal, or fiduciary restriction; (c) content infringing upon the intellectual property rights held by a third party; content containing any type of software virus or other binary, code, file or program including but not limited to worms, cancelbots, time bombs, Trojan horses, denial of service, etc. which are designed to disrupt or destroy the functionality of any computer software or hardware and/or telecommunications equipment; (d) any unsolicited marketing material, email communications, spam, junk email, pyramid schemes, chain letters, web notes; (e) surveys for which you do not have prior written authorization from Agent FactCheckl.com; and (f) contests, gambling or games of chance.

Your Account, Password and Security

You are solely responsible for maintaining the confidentiality of your username and password and for all activity occurring under your username and password. Memorize your username and password. Do not write them down. You will immediately notify AgentFactCheck.com if you detect and unauthorized use of your username and password or detect any other breach of security related to AgentFactCheck.com. Agent FactCheck IS NOT LIABLE FOR ANY CLAIMS OF LOSS OR DAMAGE ARISING FROM UNAUTHORIZED USE OF YOUR USERNAME OR PASSWORD OR FROM YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH OF TERMS OF USE.

Links to Third Parties

AgentFactCheck.com may contain links to websites owned and controlled by third parties and are provided solely for you convenience and easy reference. Agent FactCheck does not control or influence the information provided on these third party sites. The appearance of a third party link on our website does not imply that Agent FactCheck in any manner endorses the website the service it offers, content and/or sponsoring organization.

Indemnity.

You agree to indemnify and hold harmless Agent FactCheck, all officers, directors, advisors, agents, employees, staff, volunteers, participating agents, lenders, real estate professionals, and/or suppliers harmless from any and all claims of damages, including reasonable attorney fees, made by any party due to or arising from your breach of this Agreement including all documents included by reference, or arising out of your violation of any law, the rights of any third party, or violation of the Realtor Code of Ethics.

Dispute Resolution

Any claim or controversy arising out of or relating to the use of Agent FactCheck’ services, or relating to the products or services provided by Agent FactCheck, or from any acts or omissions for which you contend Agent FactCheck is liable, including but not limited to any civil claim for damages or other controversy shall be settled by arbitration in Orange County, California. The arbitration will be presided over by one arbitrator according to the commercial arbitration rules of the American Arbitration Association (AAA) in effect at the time said claim or controversy arises. The presiding arbitrator will be selected according to AAA rules. In the event no AAA rule for selection of an arbitrator is in effect, the party making the claim or controversy shall select an arbitrator from a panel of arbitrators acceptable to Agent FactCheck. Agent FactCheck will pay the filing fee plus reasonable costs associated with one day of arbitration and the remaining costs to be paid by the non-prevailing party. To initiate the arbitration process, the claimant must submit a written demand therefore to Agent FactCheck. Any arbitration judgment may be entered in a court of legal jurisdiction in Orange County, California. The arbitrator shall not have the authority to award and damages in excess of actual compensatory damages and shall not multiply actual damage or award consequential, punitive, or exemplary damages, and each party shall irrevocably waives any claim thereto. Any agreement to arbitrate does not imply any agreement to join or consolidate with any arbitration under this agreement of dispute, claims of damages or controversy of any non-party regardless of the nature of the issues involved.

Termination

This Agreement is at will. Agent FactCheck reserves the right, in our sole discretion and with out recourse or liability to terminate your access to all or a portion of AgentFactCheck.com with or without notice and without reason.

General

This Agreement is governed by the laws of the State of California, USA. You agree and consent to the jurisdiction and venue of courts in Orange County, California, US for all disputes and claims arising out of or relating your use of this website. Use of this website is not authorized in any jurisdiction not giving effect to all provisions of our Terms of Use including all terms and conditions including and without limitation to this paragraph.

You agree that no agency relationship exists between you and Agent FactCheck in any way by your use or membership on this website; this includes no joint venture, partnership, employment, or affiliation with Agent FactCheck in any manner.

Performance as conditioned by these Terms of Use is subject to existing laws and legal process. Nothing in this agreement shall take away or impair Agent FactCheck’ right and legal obligation to comply with law enforcement requests for personal user information.

Nothing in this agreement shall take away or impair Agent FactCheck’ right and legal obligation to comply with law enforcement requests for personal information or gather or provide such information on any user.

If it is later determined that any provision of this Agreement as written above is deemed to be invalid or otherwise unenforceable pursuant to any applicable laws or warranty disclaimers or liability limitations, offending provision will be re-written and complies with all laws and follows in the spirit and intent of the original provision. If any provision of this Agreement is deemed to be invalid in any way all other provisions shall remain in effect. This Agreement represents the entire agreement between user and AgentFactCheck.com relating to this website and supersedes any and all prior unique or contemporaneous communications including electronic, oral, written, or otherwise regarding use of this website.

In the event of a judicial, administrative or other civil proceeding, a printed version of this Agreement and/or any electronic notice submitted shall be admissible in said hearings and requests for documents based upon or relating to this Agreement to the same extent and subject to the same conditions as printed documents and records.

AgentFactCheck.com

Fact-check a real estate agent before you make the call. 

A free public service.