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Terms of Use & Privacy Policy

TERMS OF USE & PRIVACY POLICY

By accessing or using this site, you agree to the terms, conditions and notices contained herein.

NC Lake Property, LLC is a Real Estate Brokeage firm, and is not a developer.  Properties on this website are property re-sales and/or properties owned by a developer.

Property Registration/No Offer or Solicitation.  This is not an offer or solicitation of an offer where prohibited by law. Scenes may include artists’ renderings, photographs, locations, or activities not on the property. Void Where Prohibited by Law. This site does not constitute an offer to sell real property. The materials provided at this site are strictly for information purposes as a service to Internet users and shall not be construed as an offer or solicitation in any jurisdictions where prior registration or other advance qualification is required. All of our responses are subject to this qualification.

Liability Disclaimer.  NC Lake Property, LLC, from internal and external sources has compiled the information presented on this site. However, no representation is made or warranty given as to the completeness or accuracy of such information. In particular, you should be aware that this information may be incomplete, may contain errors or may be out of date. All prices, plans, designs, dimensions, specifications, materials and other depictions, as well as the number, type, size, location, appearance and availability of lots, homes, facilities and amenities, are subject to change without notice. Illustrations are artists’ depictions only and may differ from completed improvements. Depicted sizes are approximate. Any improvements labeled "proposed" or "planned" or "future developments" are in formative stages and there is no guarantee that they will be completed or developed in accordance with any plans or specifications, if at all. Certain neighborhood or project amenities may not be complete and completion is neither warranted nor guaranteed. You should therefore contact NC Lake Property, LLC to verify information obtained from this site before you act upon it. NC Lake Property, LLC, its members, agents or affiliates shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information provided in this site.  NC Lake Property, LLC provides details about Builders and the homes they offer. All information offered by these home builders and their models and floor plans is provided by each individual builder and is not authenticated or guaranteed by NC Lake Property, LLC. All model home specifications, elevations, and floor plans are subject to change and dimensions and square footage may be approximate. Further, NC Lake Property, LLC, its members, agents or affiliates shall not be liable for any damages or injury resulting from you hiring any home builder directly or indirectly affiliated with NC Lake Property, LLC.

Personal and Noncommercial Use Limitation: Prohibited Uses.  You may access, download and print materials on this site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information obtained from this site. If and when requested by NC Lake Property, LLC, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this site. Unauthorized individuals attempting to access prohibited areas of this site may be subject to prosecution of state and/or federal laws.
 
Links to Third Party Sites.   The site may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of NC Lake Property, LLC and NC Lake Property, LLC is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NC Lake Property, LLC is not responsible if the Linked Site is not working appropriately. NC Lake Property, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NC Lake Property, LLC of the site, its contents or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posed at the Linked Sites.  Any dealings with third parties including within the site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. NC Lake Property, LLC shall not be responsible or liable for any such dealings or promotions.

Trademarks and Copyrights.  NC Lake Property, LLC is a trademark and you agree not to display or use the NC Lake Property, LLC trademarks in any manner.  All materials on this site (as well as the organization and layout of the site) are protected by worldwide copyright laws and treaty provisions, whether or not a copyright notice is present on the materials. You agree to comply with these laws. All rights are reserved, and no reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the express, written permission of NC Lake Property, LLC.

Personal Data Collection.  Here’s how we collect and use information from you.  NC Lake Property, LLC respects the privacy of its customers and website visitors and places a high priority on protecting the Personal Information you provide.  We use contact information from registration forms to send you information related to our products and services. In particular, if you provide us with your mailing address, email address, facsimile or telephone number online you may receive periodic communications (such as mailings, phone calls or emails) from NC Lake Property, LLC.  By submitting your information, you authorize NC Lake Property, LLC and it’s agents to utilize information provided for its marketing purposes.  

Email Subscription Services.   If you take advantage of any email notification features on our site, you will receive email updates as described in the service. Users have the opportunity to opt-out of receiving these communications from us, and can remove their personal information from the database.

Outside Links.  While on our web site, you may be led to other web sites through links. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that, once outside of our site, any information you submit is outside of our control.

Disclosure.  When you indicate that you want to receive information about a product or service, or contact a person or organization, we share the data needed for you to receive what you have indicated.

NC Lake Property, LLC may disclose your personally identifiable information if required to do so by law or in the good faith belief that it is necessary to (1) conform to the requirements of the law or comply with governmental orders, court orders, or legal process; or (2) protect and defend the property or rights of NC Lake Property, LLC or the users of the web site.  As a condition of your use of this site, you warrant to NC Lake Property, LLC that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the site automatically terminates.

Contacting Us.  If at any time you have questions about our Terms of Use & Privacy Policy, or if you feel that we have not adhered to this policy, contact us and we’ll do our best to determine if there is a problem and respond as soon as possible.  Please review the Terms of Use & Privacy Policy frequently so that you can understand how information is used that we receive about you, and the terms and conditions under which we have made our site available to you. There may be improvements or changes in the information, services, products, and other materials on this site or terminate this site at any time without notice.   We reserve the right at our discretion to make changes to the Terms of Use and Privacy Policy at any time. This Terms of Use & Privacy Policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond the control of NC Lake Property, LLC and is not to be applied in any manner contrary to applicable law or governmental regulation.  Accordingly, you agree to review these Terms of Use and Privacy Policy periodically, and your continued access or use of this site shall be deemed your acceptance of the modified Terms of Use & Privacy Policy.  

The Following Information was provided by the North Carolina Real Estate Commission:

Working with Real Estate Agents


When buying or selling real estate, you may find it helpful to have a real estate agent assist you. Real estate agents can provide many useful services and work with you in different ways. In some real estate transactions, the agents work for the seller. In others, the seller and buyer may each have agents. And sometimes the same agents work for both the buyer and the seller. It is important for you to know whether an agent is working for you as your agent or simply working with you while acting as an agent of the other party.

This article addresses the various types of working relationships that may be available to you. It should help you decide which relationship you want to have with a real estate agent. It will also give you useful information about the various services real estate agents can provide buyers and sellers, and it will help explain how real estate agents are paid.

SELLERS
Seller's Agent
If you are selling real estate, you may want to "list" your property for sale with a real estate firm. If so, you will sign a "listing agreement" authorizing the firm and its agents to represent you in your dealings with buyers as your seller's agent. You may also be asked to allow agents from other firms to help find a buyer for your property.

Be sure to read and understand the listing agreement before you sign it.

Duties to Seller:
The listing firm and its agents must

promote your best interests
be loyal to you
follow your lawful instructions
provide you with all material facts that could influence your decisions
use reasonable skill, care and diligence, and
account for all monies they handle for you.

Once you have signed the listing agreement, the firm and its agents may not give any confidential information about you to prospective buyers or their agents without your permission so long as they represent you. But until you sign the listing agreement, you should avoid telling the listing agent anything you would not want a buyer to know.

Services and Compensation:
To help you sell your property, the listing firm and its agents will offer to perform a number of services for you. These may include

helping you price your property
advertising and marketing your property
giving you all required property disclosure forms for you to complete
negotiating for you the best possible price and terms
reviewing all written offers with you and
otherwise promoting your interests.

For representing you and helping you sell your property, you will pay the listing firm a sales commission or fee. The listing agreement must state the amount or method for determining the commission or fee and whether you will allow the firm to share its commission with agents representing the buyer.

Dual Agent
You may even permit the listing firm and its agents to represent you and a buyer at the same time. This "dual agency relationship" is most likely to happen if an agent with your listing firm is working as a buyer's agent with someone who wants to purchase your property. If this occurs and you have not already agreed to a dual agency relationship in your listing agreement, your listing agent will ask you to sign a separate agreement or document permitting the agent to act as agent for both you and the buyer.

It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

what your relationship is with the dual agent and
what the agent will be doing for you in the transaction.

BUYERS
When buying real estate, you may have several choices as to how you want a real estate firm and its agents to work with you. For example, you may want them to represent only you (as a buyer's agent). You may be willing for them to represent both you and the seller at the same time (as a dual agent). Or you may agree to let them represent only the seller (seller's agent or subagent). Some agents will offer you a choice of these services. Others may not.

Buyer's Agent
Duties to Buyer:
If the real estate firm and its agents represent you, they must

promote your best interests
be loyal to you
follow your lawful instructions
provide you with all material facts that could influence your decisions
use reasonable skill, care and diligence, and
account for all monies they handle for you.

Once you have agreed (either orally or in writing) for the firm and its agents to be your buyer's agent, they may not give any confidential information about you to sellers or their agents without your permission so long as they represent you. But until you make this agreement with your buyer's agent, you should avoid telling the agent anything you would not want a seller to know.

Unwritten Agreements:
To make sure that you and the real estate firm have a clear understanding of what your relationship will be and what the firm will do for you, you may want to have a written agreement. However, some firms may be willing to represent and assist you for a time as a buyer's agent without a written agreement. But if you decide to make an offer to purchase a particular property, the agent must obtain a written agency agreement. If you do not sign it, the agent can no longer represent and assist you and is no longer required to keep information about you confidential. Furthermore, if you later purchase the property through an agent with another firm, the agent who first showed you the property may seek compensation from the other firm.

Be sure to read and understand any agency agreement before you sign it.

Services and Compensation:
Whether you have a written or unwritten agreement, a buyer's agent will perform a number of services for you. These may include helping you

find a suitable property
arrange financing
learn more about the property and
other-wise promote your best interests.

If you have a written agency agreement, the agent can also help you prepare and submit a written offer to the seller.

A buyer's agent can be compensated in different ways. For example, you can pay the agent out of your own pocket. Or the agent may seek compensation from the seller or listing agent first, but require you to pay if the listing agent refuses. Whatever the case, be sure your compensation arrangement with your buyer's agent is spelled out in a buyer agency agreement before you make an offer to purchase property and that you carefully read and understand the compensation provision.

Dual Agent
You may permit an agent or firm to represent you and the seller at the same time. This "dual agency relationship" is most likely to happen if you become interested in a property listed with your buyer's agent or the agent's firm. If this occurs and you have not already agreed to a dual agency relationship in your (written or oral) buyer agency agreement, your buyer's agent will ask you to sign a separate agreement or document permitting him or her to act as agent for both you and the seller. It may be difficult for a dual agent to advance the interests of both the buyer and seller. Nevertheless, a dual agent must treat buyers and sellers fairly and equally. Although the dual agent owes them the same duties, buyers and sellers can prohibit dual agents from divulging certain confidential information about them to the other party.

Some firms also offer a form of dual agency called "designated agency" where one agent in the firm represents the seller and another agent represents the buyer. This option (when available) may allow each "designated agent" to more fully represent each party.

If you choose the "dual agency" option, remember that since a dual agent's loyalty is divided between parties with competing interests, it is especially important that you have a clear understanding of

what your relationship is with the dual agent and
what the agent will be doing for you in the transaction.

This can best be accomplished by putting the agreement in writing at the earliest possible time.

Seller's Agent Working With a Buyer
If the real estate agent or firm that you contact does not offer buyer agency or you do not want them to act as your buyer agent, you can still work with the firm and its agents. However, they will be acting as the seller's agent (or "subagent"). The agent can still help you find and purchase property and provide many of the same services as a buyer's agent. The agent must be fair with you and provide you with any "material facts" (such as a leaky roof) about properties.

But remember, the agent represents the seller—not you— and therefore must try to obtain for the seller the best possible price and terms for the seller's property. Furthermore, a seller's agent is required to give the seller any information about you (even personal, financial or confidential information) that would help the seller in the sale of his or her property. Agents must tell you in writing if they are sellers' agents before you say anything that can help the seller. But until you are sure that an agent is not a seller's agent, you should avoid saying anything you do not want a seller to know.

Sellers' agents are compensated by the sellers.