Home | Register | Classified FSBO Auction Home Auction Commission Bidding
Terms of Use

Registration Terms of Use

PLEASE CAREFULLY READ THE ENCLOSED AGREEMENT ("Terms of Use"). BY ACCESSING THIS WEB SITE, HOMEMAXIMA.COM, WHICH IS OWNED BY WNI ("The Company"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS SUBJECT TO CHANGE BY The Company AT ANY TIME. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS THIS WEB SITE.

The Company
HomeMaxima.com is a real estate technology web site, which facilitates listing, bidding, selling, buying, and financing real estate in the U.S.A. HomeMaxima.come is a division of WNI, a California Corporation.

Agent Definition
Agent is defined as licensed real estate or mortgage agent or broker. Agents can represent individual sellers or buyers, banks, lenders, and builders.

Privacy Policy
By accessing this web site, you agree to the collection and use of information as described herein. The Company reserves the right to change this privacy policy at any time. You should therefore periodically visit this page to review the privacy policy. The Company collects your information for the purpose of facilitating real estate or mortgage transactions between service providers, which includes agents, and consumers (property sellers or buyers). In order for us to provide described services, we may share your information with registered members and related service providers.

Services
The Company provides For Sale By Owner (FSBO) Auction platform, Home Auction platform and Agent Commission Bidding platform. Property owners can list properties for FSBO auction. Real estate agents, banks, lenders, and builders, with appropriate license, can list properties for auction. Bidders comprise agents who bid on behalf of their clients. The Company also provides online tools to property sellers and buyers, real estate and mortgage agents. Users interact via posting, bidding, and contacting processes. Bidders comprise agents who bid to provide lowest total commission or highest rebate to seller or buyer. The Company provides agent rating based on customer feedbacks and a mortgage ranking method whereby buyer can choose agent who offers the best deal. The Company also provides real estate and mortgage leads to agents via emails. The Company does not buy or sell property and does not function as a real estate brokerage.

Home Auction
The auction process includes the seller side and the buyer side. On the seller side, real estate agents, banks, lenders, or builders with appropriate license can list properties. On the buyer side, qualified agents representing interested buyers can bid on properties. The auction process is binding. Seller side can set a Reserve price. By using our platform, seller agrees to sell the property to the winning buyer and buyer agrees to buy the property at the winning price, which is equal or greater than the Reverse Price. Both parties should prepare and enter appropriate binding agreements. If auction results a winning bidder, both sides agree to open escrow within 7 days of closing auction. The auction result supersedes any other offers or counter offers. Both parties agree and acknowledge that HomeMaxima.com does not involve in real estate transaction.

Home Auction - Seller Side
The seller side includes the seller and their agent. Banks, lenders, or new home builders, with appropriate license to conduct real estate transactions, can list property directly or via agents. The seller side can set approved bidders and only approved bidders can bid. As seller and associated agent, you agree and acknowledge that you have authority to list properties on Homemaxima.com.

Home Auction - Buyer Side
The buyer side includes buyer and their agent. As buyer and associated agent, you agree and acknowledge that you have authority to bid on properties listed at Homemaxima.com.

Home Auction - Transaction Fee (Auction Cost)
See Exhibit E.

FSBO Auction
The FSBO auction process includes the seller side and the buyer side. The FSBO auction process is binding. Seller side can set a Reserve price. By using our platform, seller agrees to sell the property to the winning buyer and buyer agrees to buy the property at the winning price, which is equal or greater than the Reverse Price. Both parties should prepare and enter appropriate binding agreements. If auction results a winning bidder, both sides agree to open escrow within 7 days of closing auction. The auction result supersedes any other offers or counter offers. Both parties agree and acknowledge that HomeMaxima.com does not involve in real estate transaction.

FSBO Auction - Seller Side
The seller is the property owner. The seller side can set approved bidders and only approved bidders can bid. As seller, you agree and acknowledge that you have authority to list properties on Homemaxima.com.

FSBO Auction - Buyer Side
The buyer side includes individual or organization buyer. As buyer, you agree and acknowledge that you have authority to bid on properties listed at Homemaxima.com.

FSBO Auction - Transaction Fee (Auction Cost)
See Exhibit F.

Responsibility of Agent, Bank, Lender, and Builder
You acknowledge and warrant that all of the information you have provided is true and complete and that you are licensed in the State that you provide services and are responsible for acting in compliance with all applicable laws and regulations.

Users Responsibility
You acknowledge and warrant that all of the information, including your personal and property ownership information, you have provided is true and complete, and that, at the time you submit your information to this web site, you have not signed agreement with any agent regarding the property that you own or going to buy. You understand and agree that The Company can provide agents or service providers your information and they can communicate with you by telephone, fax, and mail or by electronic means such as email or Personal Digital Assistant (PDA).

The Company and Relationship with Agent, Bank, Lender, and Builder
You acknowledge and agree that The Company has no employment or supervisory control over agents, banks, lenders, and builders.

Agent and Seller or Buyer Relationship
The Company provides described services to Agents and sellers or buyers. You acknowledge and agree that The Company has no control over agency agreement, performance or competency of an agent, and relationship between agent and seller or buyer. In no event shall The Company be liable for any damages whatsoever, arising out of agent and seller or buyer relationship.

Limitation of Number of Agents Per Zip Code
You acknowledge and agree that The Company may, at its discretion, limit or change the limitation of number of agents per zip code.

Agent Commission Bidding - Agent Fees and Obligations
In consideration for our services, real estate and mortgage agents agree to pay agent fee and subscription fee when applicable as described in Exhibit A. Agent fee is paid only when a transaction is realized (a property is sold or a loan is funded). Subscription is paid monthly and separated from agent fee. Subscription is non-refundable. You can select to be either subscribed or non-subscribed agent.

You acknowledge and agree that, unless noted otherwise, waiving monthly subscription fee does not release agent from paying agent fees on transactions that are realized. If an agency agreement is signed, agent agrees to inform The Company agent's resulted commission as specified in the agency agreement between agent and seller or buyer. Agent further agrees to inform The Company about the transaction within 7 days from escrow opening date, and within 7 days from escrow closing date, whether or not a transaction is successfully complete, incomplete or falls out of escrow. If being selected, you agree to provide real estate or mortgage services appropriately to property seller or buyer. As a real estate agent, you agree to fulfill the minimum required services as described in Exhibit C. You agree to pay to The Company a penalty charge of $500 if you are the winning bidder and are selected by seller or buyer but you refuse to provide service.

Upon registration, depend on trial period term; you will be automatically enrolled as a subscriber free of charge. You will immediately enjoy the subscriber status and is not billed for subscription until you choose to become a subscriber, after trial period expires. You can cancel subscription or account in writing at any time. Subscription cancellation request must be received no later than the 15th day of the month to be effective on the following month. Applicable service will be effective after payment is made. Monthly subscription is valid for the month that payment is made. Monthly subscription, unless noted otherwise, is billed on the first day of each month.

Preferred Agents Bidding
The term "Preferred Agents" is defined as the agents that you have already known offline or the agents that you choose after viewing their profile and rating at HomeMaxima.com. All Preferred Agents need to register at HomeMaxima.com to be eligible to bid. You acknowledge and agree that Preferred Agents Bidding process cannot be reversed and you will receive only 1 wining bid instead of 3 wining bid as normal bidding.

Referrals
See Exhibit D.

Agent Commission Bidding - Property Seller and Buyer Obligations
Our services are free to you as property seller or buyer provided you fulfill your obligations. If bidding results in 1 winning Preferred Agent or 3 winning agents, you agree to contact the winning agent or agents and enter an agency agreement with one agent within 7 days from the close date of your posting. If an agency agreement is signed, you agree to inform The Company agent's resulted commission as specified in the agency agreement between you and the agent. You further agree to inform The Company about the transaction within 7 days from escrow opening date, and within 7 days from escrow closing date, whether or not a transaction is successfully complete, incomplete or falls out of escrow. For online bidding, see Exhibit B. You agree to pay to The Company a penalty charge of $500 if you fail your obligations. You can cancel account in writing at any time.

Personal and Non-Commercial Use Limitation
The Company is for your personal and non-commercial use. Except where expressly written, you may not modify, copy, distribute, transmit or convey in any form without the consent of The Company.

Web Site Accessibility
The Company will try its best to have the web site available to users. From time to time, the web hosting service may be interrupted by technical difficulties. You acknowledge and agree that The Company has no control over server uptime or web site accessibility. In no event shall The Company be liable for any damages whatsoever.

Termination
The Company reserves the right to immediately suspend or terminate your access to the web site at any time, with or without notice. Users may cancel account in writing at any time.

Disclaimer and Limitation of Liability
The Company makes information available to users without warranty of any kind, and accepts no responsibility for its accuracy or for any consequences of its use. In no event shall The Company be liable for any damages whatsoever.

Indemnity
You acknowledge and agree to indemnify and hold The Company, The Company, its subsidiaries, affiliates, employees, shareholders and partners (The "Affiliates") harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in these Terms of Use. You will further indemnify and hold the Affiliates harmless from and against any claims brought by third parties arising out of your use of the Content and any information accessed from this web site.

Applicable Law and Venue
This agreement is governed by the laws of the State of California. You hereby agree to the exclusive jurisdiction and venue of courts in San Diego, California, in all disputes arising out of or relating to these terms and conditions.

Dispute Resolution
This agreement provides that all disputes between you and The Company will be resolved by binding arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association. Any judgment upon an award rendered by an arbitrator may be entered in any court of competent jurisdiction in San Diego County, California.

Copyright © 2006-2013 HomeMaxima.com. All rights reserved. Patent Pending. Contact Us