Terms of Use

1. Acceptance of These Terms

These Terms of Use (“Terms”) govern access to and use of OurBuyersAdvantage.com and its webpages, forms, calculators, content and related online features (collectively, the “Site”). By accessing or using the Site, you acknowledge these Terms and our Privacy Policy. If you do not agree, do not use the Site.

These Terms govern the Site. They are not a substitute for a Buyer Representation and Broker Compensation Agreement (“BRBC”), purchase agreement, broker-created plan addendum, agency disclosure, escrow instruction, lender document or other transaction agreement.

2. Brokerage Identity and Licensing

Buyer representation services described on the Site are offered through Premier Agent Network, California DRE #01932176. Buyer-plan materials identify Arlan Lloyd / Team Lloyd & Associates, California DRE #01469162. “Team Lloyd & Associates,” “Team Lloyd,” “we,” “us” and “our” are used on the Site to describe the Team Lloyd & Associates real estate team and, where the context concerns licensed brokerage services, the applicable services performed through Premier Agent Network.

The Site is directed primarily to California real estate consumers. Real estate laws, forms, practices and licensing requirements vary by jurisdiction. Nothing on the Site represents that we are licensed to provide brokerage services in a jurisdiction where the applicable brokerage or licensee is not authorized to do so.

3. Informational Website; No Professional Advice

The Site provides general information about buyer representation options and real estate services. Website content is not legal, tax, accounting, lending, appraisal, engineering, insurance or other professional advice. Real estate transactions involve legal and financial consequences. You should consult the appropriate qualified professionals regarding matters outside the scope of a real estate licensee's services.

4. The 1% and 2% Buyer Plans

1% Open House Buyer Plan

The 1% Open House Buyer Plan is designed for buyers who primarily conduct their own property search and independently attend publicly available open houses. When the buyer identifies a property to evaluate or pursue, services may include property-specific analysis and comparable sales, offer and negotiation strategy, preparation and presentation of purchase documents, negotiation, transaction-document and disclosure review, inspection and investigation guidance, applicable broker visual inspection, contingency guidance, escrow coordination and transaction representation through closing, subject to the BRBC and plan addendum.

Routine broker-accompanied open-house touring and routine private property showing services are not part of the intended 1% service model unless separately agreed in writing. Nothing in the plan eliminates or reduces any duty that cannot lawfully be modified.

2% Full-Service Buyer Plan

The 2% Full-Service Buyer Plan is designed for buyers seeking full-service representation, including reasonable assistance with property identification, private showings, property touring and acquisition representation. Subject to property availability, scheduling, seller or listing-agent requirements and circumstances beyond our control, we may assist with arranging private showings and an affiliated licensee may accompany the buyer on agreed tours.

The exact services for either plan are determined by the written BRBC, applicable plan addendum and transaction documents. If website language differs from a fully executed agreement, the executed agreement controls to the extent permitted by law.

5. Compensation, Seller-Paid Amounts, Rebates and Concessions

The plan names refer to Team Lloyd & Associates' intended retained compensation under the applicable plan addendum, not to a legally required or “standard” commission.

*Subject to the applicable signed BRBC and plan addendum. The plan addenda contemplate Broker being authorized to receive up to 3.00% from all permitted sources. Additional compensation above the retained amount is payable to Broker only to the extent actually obtained from a seller or another permitted source and, under the addenda, is intended to be rebated to Buyer through escrow subject to applicable restrictions. Any later written compensation modification signed by Buyer and Broker may change the arrangement.

Seller-paid compensation

At a buyer's direction, the buyer and broker may negotiate for a seller to pay compensation toward the broker's representation of the buyer. A seller is not required to pay any amount. No website statement, calculator or example represents that a seller will agree to pay a particular percentage or dollar amount.

Buyer rebates

A potential rebate exists only when compensation actually received by Broker exceeds the retained amount stated in the applicable plan addendum. Any rebate is subject to the signed agreement, transaction structure, lender, loan-program, underwriting, escrow and applicable legal requirements. A buyer may not be permitted to use the entire potential rebate. No undisclosed payment will be made outside escrow.

Seller concessions are different

A seller concession directly benefiting the buyer is separate from broker compensation and a broker commission rebate. A buyer may negotiate for concessions subject to the purchase agreement, available costs, financing requirements, lender approval and other transaction-specific limitations.

6. Calculator and Illustrative Examples

Calculators, savings examples, compensation scenarios and dollar figures on the Site are provided solely for educational and illustrative purposes. They are not a quote, promise, guarantee, appraisal, loan estimate, seller commitment or MLS offer of compensation.

If an example assumes 3% total buyer-broker compensation, that figure is a hypothetical input used to demonstrate how the applicable plan could operate if that amount is successfully negotiated and actually received. It is not represented as a customary, prevailing, required or standard commission.

Actual amounts depend on the purchase price, executed BRBC and addendum, compensation actually negotiated and received, purchase contract, escrow, lender and loan-program requirements, allowable closing costs, concessions and other transaction-specific facts.

7. No Brokerage Relationship Merely From Website Use

Viewing the Site, using a calculator, submitting a general inquiry or receiving general information does not by itself create an agency, fiduciary or buyer-broker relationship. California buyer representation services will be documented in the written agreements required for the applicable services and transaction.

Do not assume Team Lloyd & Associates represents you concerning a property until the required representation agreement has been completed. If you have signed or may be subject to another broker's representation or compensation agreement, disclose that information before requesting services concerning the affected property.

Cancellation, continuation periods, broker involvement and compensation rights are governed by the executed BRBC, addenda and applicable law, not by general website summaries.

8. Property Listings, MLS Data and Other Real Estate Information

Property information, market information, comparable sales, availability, photographs, measurements, school information, taxes, assessments, HOA information and similar data may originate from third parties and may change without notice. Although we may use sources believed reliable, the Site does not guarantee that third-party property information is complete, current or error-free.

Buyers should independently investigate material facts and use qualified inspectors and professionals as appropriate. Property availability and showing access are subject to sellers, listing brokers, scheduling and other circumstances outside our control.

9. Lenders, Escrow, Title, Inspectors and Other Third Parties

The Site may identify, link to or facilitate contact with independent third-party service providers. Unless expressly stated otherwise in a legally required disclosure, a reference or introduction is not a guarantee, endorsement or representation that the provider offers the lowest rate, lowest fee, best terms or a particular result.

Third-party providers are responsible for their own licensing, services, pricing, eligibility standards, disclosures, contracts, privacy practices and performance. You are responsible for evaluating and selecting providers, subject to applicable transaction requirements.

10. Forms, Electronic Communications, Calls and Text Messages

You agree that information submitted through the Site will be accurate to the best of your knowledge and that you will not submit another person's information without authorization.

If you request contact, we may respond using the contact information you provide. Marketing calls and texts are subject to applicable consent requirements. Consent to receive marketing communications is not a condition of purchasing a property or obtaining brokerage services. Message and data rates may apply; message frequency may vary. Where supported, reply STOP to opt out of marketing texts and HELP for help. Email recipients may use the unsubscribe mechanism provided in marketing emails.

Electronic communications are not guaranteed to be secure, uninterrupted or received. Time-sensitive transaction instructions should be confirmed through appropriate transaction channels. Never rely solely on an unexpected email or text requesting that you wire funds or change wiring instructions; independently verify such instructions through a trusted, known contact method.

11. Acceptable Use

You may use the Site only for lawful personal or business purposes consistent with these Terms. You may not:

• attempt unauthorized access to the Site, servers, accounts or data;
• interfere with Site operation, security or availability;
• introduce malware, malicious code or harmful content;
• scrape, crawl, harvest or extract Site data through automated means except as expressly authorized;
• impersonate another person or submit false or misleading information;
• use Site content to violate law, intellectual property rights, privacy rights or contractual rights; or
• circumvent technical controls or use the Site in a manner that imposes an unreasonable load on our systems.

12. Intellectual Property

Unless otherwise indicated, the Site's design, branding, text, graphics, logos, layout, original content and other materials are owned by or licensed to Team Lloyd & Associates, Premier Agent Network or their applicable licensors and are protected by intellectual property laws. You may view and print reasonable portions for your personal evaluation of our services. No other reproduction, republication, commercial exploitation, modification or distribution is authorized without written permission.

Third-party trademarks, listing content, photographs and data remain the property of their respective owners.

13. Website Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND GENERAL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS, OR THAT GENERAL WEBSITE INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT.

Nothing in these Terms disclaims or limits a fiduciary, statutory, regulatory, disclosure, inspection or other duty that cannot lawfully be waived once an applicable brokerage relationship exists.

14. Limitation of Liability

To the fullest extent permitted by law, Team Lloyd & Associates, Premier Agent Network and their respective owners, officers, agents, personnel and service providers will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising solely from use of, or inability to use, the Site or general website content.

This limitation does not exclude liability that cannot lawfully be excluded or limited and does not alter duties or remedies arising under a separately executed real estate agreement or applicable law.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Team Lloyd & Associates and Premier Agent Network from third-party claims, losses or expenses arising from your unlawful misuse of the Site, your violation of these Terms, or content or information you submit without authorization. This section does not require indemnification for conduct to the extent caused by a protected party's own violation of law or duties that cannot be shifted by contract.

16. Governing Law and Transaction Disputes

These Site Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law applies. Any dispute concerning an actual real estate representation or transaction may also be governed by the dispute-resolution, mediation, arbitration, venue or other provisions of the signed BRBC, purchase agreement or other transaction documents. Those executed provisions control over these general Site Terms with respect to that transaction.

17. Privacy

Our Privacy Policy explains how we collect, use, disclose and retain personal information and describes privacy choices that may be available to you. It is incorporated into these Terms by reference for purposes of Site use.

18. Changes, Suspension and Termination

We may update the Site and these Terms from time to time. The “Last updated” date reflects the latest revision. We may modify, suspend or discontinue Site features where reasonably necessary. Changes to these website Terms do not by themselves modify a separately signed buyer representation agreement, plan addendum or transaction contract.

19. Contact Us

Team Lloyd & Associates
Brokerage: Premier Agent Network | California DRE #01932176
Arlan Lloyd / Team Lloyd & Associates | California DRE #01469162
Website: OurBuyersAdvantage.com
Email: info@ourbuyersadvantage.com