Yard Sale Auction.Net / The Nickel Auction.com.com Real Estate Policies – Effective April1, 2010   To best meet the needs of our users while accommodating the wide variety of laws governing the sale of real estate across the globe, Yard Sale Auction.Net / The Nickel Auction.com offers advertisements of real estate in a variety of formats. These Real Estate Rules explain these format offerings, clarify Yard Sale Auction.Net / The Nickel Auction.com's limited role as a publisher of advertising and venue-provider, and outline certain limitations on Yard Sale Auction.Net / The Nickel Auction.com's obligations and liabilities. Your use of Yard Sale Auction.Net / The Nickel Auction.com Real Estate Pages confirms your agreement to these rules. Yard Sale Auction.Net / The Nickel Auction.com Real Estate Selling an undivided interest in a land real estate property is not permitted. An undivided interest is defined as a partial interest by two or more people in the same property. This prohibition shall not apply to mineral rights. Violations of this policy may result in a range of actions, including: ·         Listing cancellation ·         Limits on account privileges ·         Account suspension ·         Forfeit of Yard Sale Auction.Net / The Nickel Auction.com fees on cancelled listings   Some Examples    Auction-Style Format Items Due to the wide variety of laws governing the sale of real estate, Yard Sale Auction.Net / The Nickel Auction.com Real Estate auction-style advertisements of real property do not involve legally binding offers to buy and sell. Instead, Yard Sale Auction.Net / The Nickel Auction.com Real Estate's auctions are simply a way for sellers to advertise their real estate and meet potential buyers. Yard Sale Auction.Net / The Nickel Auction.com is commonly referred to as an online auction web site, however Yard Sale Auction.Net / The Nickel Auction.com Real Estate is not a traditional "auctioneer". Yard Sale Auction.Net / The Nickel Auction.com Real Estate is not involved in the actual transaction between buyers and sellers and, as a result, has no control over the quality, safety or legality of the properties advertised, the truth or accuracy of the postings, the ability of sellers to sell items or the ability of buyers to buy items. Yard Sale Auction.Net / The Nickel Auction.com cannot ensure that a buyer or seller will actually complete a transaction. Auction-style format advertisements for the sale of real estate are designed to assist the parties in identifying the most interested potential buyer(s). The listings do not result in binding agreements to buy and sell real estate; however, they do allow sellers and buyers to use Yard Sale Auction.Net / The Nickel Auction.com Real Estate as a venue to determine who may be most interested in the property. In this format, potential buyers are asked not to bid unless they intend to complete the purchase of the advertised property, subject to customary diligence and contingencies. Following the close of the auction-style bidding, the sellers and buyers are expected to contact each other to prepare and deliver the appropriate paperwork to buy and sell the property, and to take such other actions as may be required by local laws. As noted below, Yard Sale Auction.Net / The Nickel Auction.com Real Estate cannot give legal advice to buyers or sellers, and users should seek professional advice when selling or buying real estate. Depending on the property, sellers may be required to deliver to buyers a disclosure statement prior to a sale, and in all cases buyers should conduct their own due diligence related to property inspection, title review, building code compliance, termite inspection, flood plain, hazardous materials and other local issues transparent only to an expert. While Yard Sale Auction.Net / The Nickel Auction.com Real Estate cannot guarantee consummation of the sale to either seller or potential buyers, our rules require sellers and top-bidding potential buyers to follow through in good faith. If the parties do follow through in good faith, but the transaction does not close, the parties should still leave positive feedback for each other. If you elect to use the “auction-style” advertisement for certain kinds of real estate, you will be charged a “Notice Fee” when the auction-style advertisement is over. This fee applies whether or not the real estate sale is completed. You will not be charged a “final value fee” tied to the sale of the real estate. See our fees page for more information on fees.   Classified Ad Listings Yard Sale Auction.Net / The Nickel Auction.com Real Estate also offers sellers the option of advertising their property in an Classified Ad format rather than an auction format. The Real Estate Classified Ad format has the following features: ·         You can list your asking price. No bidding takes place. ·         Interested buyers fill out a contact form and their information is sent to you. ·         You can advertise your property for 30 days or 90 days. ·         You may revise your item at any time in the advertisement duration. Real Estate Classified Ad listings do not result in feedback, because the format aims to generate multiple leads rather than a single high bidder. When this contact information is forwarded to sellers via email, sellers are obliged to treat the potential buyers’ contact information in full compliance with Yard Sale Auction.Net / The Nickel Auction.com's Privacy Policy. This policy prohibits use of the potential buyers’ information for any purpose other than communicating with the potential buyers about the information and services referenced in the item description, unless expressly permitted to do so. Failure to comply with this policy can result in seller expulsion from Yard Sale Auction.Net / The Nickel Auction.com community. Once buyers and sellers make contact through these listings, they can, as noted above, then proceed to discuss off the website purchase terms, including price, inspections, and the like, as is customary in an offline real estate transaction.   Additional Information Privacy of Information   Sellers must treat buyers’ contact information in full compliance with Yard Sale Auction.Net / The Nickel Auction.com's Privacy Policy. This policy prohibits sharing the buyer's information with third parties as well as use of the buyer's information for any purpose other than communicating with the buyer about the item, unless expressly permitted to do so by the buyer. Real Estate Licensees Sellers who are licensed as an agent, broker, or other licensed real estate professional must ensure that their item description conforms to all laws and regulations applicable to online advertising of properties by such licensees. These requirements may include, among other things, disclosure of the licensee's name, any firm with which the licensee is affiliated, office location, and the jurisdiction(s) where the licensee is licensed. Trading Assistants A user may not list real estate for a third-party unless the user is a licensed real estate professional. Professional Assistance The purchase and sale of real estate is a complicated matter that is governed by laws, practices and customs that vary significantly from locality to locality. Sellers are advised that many jurisdictions require that you provide a disclosure statement to all prospective buyers regarding the condition of your property. In addition, under U.S. federal law, sellers have an obligation to disclose information on lead-based paint hazards. Members are strongly advised to seek the help of a licensed real estate professional and/or a real estate attorney to help in the negotiation and sale of any real estate. Members may wish to visit the Web site of the Association of Real Estate License Law Officials, which offers a search tool providing access to a database of information about the current license or registration status of real estate licensees. Yard Sale Auction.Net / The Nickel Auction.com Real Estate's Role as a Venue Provider / Brokerage Relationship (Agency) Disclosure   The role of Yard Sale Auction.Net / The Nickel Auction.com Real Estate in the sale of properties is limited to publishing advertising provided by sellers and providing a venue for communications about a property. Yard Sale Auction.Net / The Nickel Auction.com Real Estate is not responsible for, and does not engage in, brokering, selling, purchasing, exchanging, or leasing posted properties or providing a "multiple listing service" as that term is traditionally used. Yard Sale Auction.Net / The Nickel Auction.com Real Estate does not counsel sellers or buyers, show properties, negotiate sales contracts, or hold a position of trust and confidence, whether or not in connection with  Yard Sale Auction.Net / The Nickel Auction.com website. Accordingly, no brokerage relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between Yard Sale Auction.Net / The Nickel Auction.com Real Estate and any seller or buyer of real estate. Yard Sale Auction.Net / The Nickel Auction.com Real Estate makes no representations about properties advertised on Yard Sale Auction.Net / The Nickel Auction.com, about the sellers of such properties, about the accuracy of information provided by such sellers, or about the financial capabilities of prospective buyers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property, and, as emphasized above, all parties are encouraged to seek the help of a licensed real estate professional and real estate attorney. License Information Yard Sale Auction.Net / The Nickel Auction.com Real Estate does not purport to broker transactions, although it holds certain state real estate broker licenses. Relationship to Yard Sale Auction.Net / The Nickel Auction.com's User Agreement With respect to real estate items, if these Real Estate Rules conflict with Yard Sale Auction.Net / The Nickel Auction.com's User Agreement, these rules apply.   Why does Yard Sale Auction.Net / The Nickel Auction.com have this policy?    Yard Sale Auction.Net / The Nickel Auction.com Real Estate want to ensure that sellers and buyers comply with all governmental laws and regulations. Since the sale of real estate is regulated, or may cause harm to Yard Sale Auction.Net / The Nickel Auction.com, Real Estate or its members, the sale of real estate on Yard Sale Auction.Net / The Nickel Auction.com is restricted.