Transparency and Disclosure in Client Interactions and Real Estate Processes
At The Parker Group, we prioritize transparency, clarity, and full disclosure in our interactions with clients and throughout the real estate process. In compliance with legal requirements and to ensure our clients are fully informed, we have instituted the following practices and disclosures:
1.1 Agency and Brokerage Compensation
a) We explicitly do not require listing brokers or sellers to make offers of compensation to buyer brokers or other buyer representatives.
b) Any offers of compensation made are neither blanket, unconditional, nor unilateral.
c) We strictly prohibit the disclosure of listing broker compensation or total broker compensation on the Multiple Listing Service (MLS) or third-party sites.
1.2 Written Agreements
a) All clients engaging with a buyer's agent must enter into a detailed written agreement prior to touring any properties. This agreement will explicitly specify the exact amount or rate of compensation the buyer's agent will receive, as agreed upon by both parties.
b) The compensation amount must be clearly defined, objectively ascertainable, and cannot be open-ended. For example, "buyer broker compensation shall be a fixed percentage of the purchase price or a specified dollar amount."
1.3 Cost and Service Representation
Our brokerage services are never represented as "free" or available at no cost unless we receive no financial compensation from any source for those services. We ensure that all clients are fully aware of any compensation we receive.
1.4 Seller and Buyer Disclosures
a) We mandate explicit, written disclosure to sellers of any payment or offer of payment to buyer brokers or other buyer representatives before any such agreement is executed. This disclosure will specify the amount or rate of any such payment.
b) Broker commissions are not set by law and are fully negotiable. This disclosure is included in all our listing agreements, buyer representation agreements, and pre-closing documents where applicable. Clients must acknowledge this disclosure in writing.
1.5 No Filtering Based on Compensation
We do not filter or restrict MLS listings based on the existence or level of compensation offered to buyer brokers or other buyer representatives. All available listings are presented to clients regardless of the compensation structure.
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2. Ethical Standards and Compliance
The Parker Group upholds the highest ethical standards in accordance with:
a) The Code of Ethics by the National Association of REALTORS® (NAR)
b) The rules and requirements of the state licensing bodies in the states where we are licensed
c) Our own internal code of ethics
Our commitment to these ethical standards ensures that we provide fair, transparent, and professional services to all our clients.
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3. Commitment to Transparency and Integrity
The Parker Group has always practiced with total transparency and integrity. We are further declaring our commitment to these values to ensure our clients receive the highest level of service and trust. We encourage clients to ask questions and seek clarification on any aspect of our services or compensation structures.
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4. Legal Notice and Disclaimer
The information provided on this website, in all communications, and services offered by The Parker Group is for general informational purposes only and does not constitute legal, financial, tax, or real estate advice. The Parker Group expressly disclaims all warranties, express or implied, regarding the information provided, including any implied warranties of merchantability or fitness for a particular purpose.
Users are strongly advised to consult with their own legal, financial, tax, and real estate professionals before making any decisions or taking any actions based on the information provided by The Parker Group. Any reliance you place on such information is strictly at your own risk.
The Parker Group makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website, services, or the information, products, services, or related graphics contained on the website for any purpose.
5. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will The Parker Group, its affiliates, agents, employees, officers, directors, or partners be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of the theory of liability, arising out of or in connection with:
a) The use of or inability to use our services or website;
b) Any conduct or content of any third party on our services or website;
c) Any content obtained from our services or website;
d) Unauthorized access, use, or alteration of your transmissions or content;
e) Any real estate transaction or decision made based on the information provided by The Parker Group;
f) Any errors, omissions, or inaccuracies in the information provided;
g) Any property listing or pricing information;
h) Any decision made or action taken by you in reliance on the content of the website or our services.
This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if The Parker Group has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
6. Indemnification
By using this website or engaging our services, you agree to indemnify, defend, and hold harmless The Parker Group, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:
a) Any violation of these terms and conditions;
b) Any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website or services using your account;
c) Any transaction or interaction with other users of the website or services;
d) Any claim of infringement of intellectual property rights related to your use of the website or services.
7. Governing Law and Jurisdiction
This disclaimer, all transactions with The Parker Group, and any disputes related to our services or website shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal actions, suits, or proceedings related to this disclaimer, our services, or the use of our website shall be brought exclusively in the state or federal courts located in Delaware. You hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
8. Arbitration Agreement
Any dispute, claim, or controversy arising out of or relating to our services, this disclaimer, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the 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. You agree that, by entering into this agreement, you and The Parker Group are each waiving the right to a trial by jury or to participate in a class action or class arbitration. This arbitration provision shall survive termination of this agreement.
9. Severability
If any provision of this disclaimer is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render this disclaimer unenforceable or invalid as a whole. Such provision shall be deleted without affecting the remaining provisions herein, which shall remain in full force and effect. Any unenforceable or invalid provision shall be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.
10. Entire Agreement
This disclaimer, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and The Parker Group regarding your use of our services and website, superseding any prior agreements between you and The Parker Group. It sets forth the entire understanding and agreement between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of every kind and nature between the parties.
11. Modification and Termination
The Parker Group reserves the right to modify, amend, or update this disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of the website or our services following the posting of changes to this disclaimer will constitute your acceptance of those changes. We encourage you to periodically review this disclaimer to stay informed of any updates.
The Parker Group reserves the right to terminate or suspend access to our services or website, without prior notice or liability, for any reason whatsoever, including, without limitation, breach of this agreement.
12. Settlement Compliance
The Parker Group adheres to the terms and conditions stipulated in the settlement agreement between the National Association of REALTORS® and plaintiffs in the relevant litigation. We implement all mandated practice changes and fully cooperate with all legal and regulatory requirements.
13. Acknowledgment of Understanding
By using our services or website, you acknowledge that you have read, understood, and agreed to be bound by the terms of this disclaimer and all related policies and agreements. If you do not agree with these terms, you must immediately cease using our services and website.
14. Contact Information
For any questions, concerns, or clarifications regarding this disclaimer or our services, please contact us at:
The Parker Group
673 N. Bedford Street,
Georgetown, DE 19947
Phone: 302-217-6692
Email: hello@theparkergroup.com
Last updated: August 8, 2024