Consumers (Buyers and Sellers): This site is free to use. You agree to use this site only if you are serious about finding a local real estate agent to help you buy or sell real estate. If you are buying or building in a state that allows it and your lender approves of the rebate there are certain things you need to avoid and/or do to ensure your rebate can/will be paid. Get a Rebate Real Estate can help you with this process, however, it is your sole responsibility to work with a lender that allows the rebate and to find out the necessary steps needed by the lender so you are able to receive the rebate, preferably as a credit to your closing costs on the settlement statement.

Get a Rebate Real Estate is not your agent.  Unless you have a signed contract with Get a Rebate Real Estate showing that we are your agent, we are not your agent.  Your agent will be the agent we find for you and you will need to sign paperwork with them for them to become your agent.

There are certain steps that need to be taken and avoided to make sure the rebate is not affected.  Your lender must approve of the rebate and may have to limit the amount of the rebate if proper steps are not taken.  Contact us with questions and we can contact your lender directly… info@GetaRebateRealEstate.com.

We will make every attempt to find an agent that is willing and able to provide the discounts and/or rebates as outlined on the chart on the site.  Not all agents can or will be able to offer the discounts and/or rebates.  Some might negotiate the discounts and/or rebates.  You decide if you want to work with the agent we refer you to before you sign any paperwork with them.  You will know what discount and/ or rebates they would agree to before you sign with them to be your agent.

It is extremely crucial to start this process early.  Sometimes we can still get rebates and/or discounts if the process has started and is well into it.  But, to ensure that we can save you the maximum amounts, please have us locate a local agent for you as soon as possible, before you are actually ready is fine.

Rebates can only be paid in the 40 states that allow it.  The lower listing fee can be in any of the 50 states since no rebate is exchanging hands.

We will not pay a rebate in a state that does not allow it, and/or if your lender does not approve of it.  Make sure you are working with a lender that will allow the rebate.  We will not commit mortgage fraud and will abide to all federal, state and local laws.

The rebate comes from the commission being paid to the agent you are working with.  The commission must be paid to the agent’s brokerage.  The rebates and referral fees should be determined by the full commission prior to any splits between the broker and the agent.  If there is no commission paid, there will be no rebate.

We can attempt to contact specific brokerages and/or agents to see if they can and would agree to the discounted listing fees and/or rebates.  Some agents will have admin fees or other fees either up front or at closing.  We have nothing to do with these fees, but will ask what they are when we are searching for an agent for you and disclose that information for your consideration when deciding to work with an agent

Get a Rebate Real Estate does not endorse, suggest, or recommend any agent we find for you.  It is your sole responsibility to research the agent before signing any paperwork with them.

Get a Rebate Real Estate will provide you and your Agent with the details from your lender, and we must have time to do this prior to you making an offer. Get a Rebate Real Estate will help assist the buyer to contact the buyer’s lender to see how the lender would like to handle the rebate. Placing it on the Settlement Statement is the preferred method to satisfy CFPB, RESPA, etc. Some lenders will gladly place the rebate on the Closing Document and some may not. Some lenders could actually deny/not allow the rebate. It is best to ask the lender as soon as possible how they would like the rebate handled. Giving Buyer ample time to search for a different lender if they won’t accept it. There are program guideline issues to avoid as well. It is the buyer’s responsibility to ensure they work with a lender that will allow the rebate to be credited/paid to them.

Get a Rebate Real Estate will assist with the process, but ultimately it is yours and your Agent’s responsibility to ensure that the proper steps are taken to get the rebate and steps are avoided to conflict with the rebate. No IRS forms will be issued or reported since per the IRS, the cash rebate is an adjustment in the price of the home, not a taxable event. Rather, the buyer should subtract the amount of the rebate from the home’s basis, which would increase any potential profit when the property is sold. It is the buyer’s responsibly to consult with their tax adviser about the rebate received. ¹

Lenders may have guidelines that cannot be changed or altered.  It’s important to avoid asking for too much in seller concessions for example, so you don’t exceed the maximum.  A lender could limit a rebate based on guidelines or an underwriter’s decision.  Get a Rebate Real Estate has no control over what your lender limits or restricts, but we must follow what they decide.

¹Stephen Fishman is a tax expert, attorney and author who has published 18 books, including “Working for Yourself: Law & Taxes for Contractors, Freelancers and Consultants,” “Deduct It,” “Working as an Independent Contractor,” and “Working with Independent Contractors.” He welcomes your questions for this weekly column.

This document was created using a Contractology template available at http://www.freenetlaw.com.

Real Estate Agents: If we refer you a buyer and/or seller from this site you agree to charge them the agreed upon listing fees and/or rebates.

You also agree to conduct your business like you would with any other buyer and/or seller.  You agree not to charge any additional fees to buyers and sellers from this site and you agree to give them full service real estate services just like any other buyer and/or seller you would work with.

For Buyers from the site you agree to set them up on an automatic MLS email search of homes matching their criteria (where available) and you agree to do a market analysis of Seller’s homes at no cost to them.

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. KJP Enterprise Group, LLC dba Get a Rebate Real Estate will be noted as “Get a Rebate Real Estate” throughout this document. You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Get a Rebate Real Estate’s use of cookies in accordance with the terms of Get a Rebate Real Estate’s [privacy policy / cookies policy].

License to use website

Unless otherwise stated, Get a Rebate Real Estate and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website. create a similar website or one that would be considered competition. Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Get a Rebate Real Estate’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Get a Rebate Real Estate’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Get a Rebate Real Estate reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Get a Rebate Real Estate’s discretion. If Get a Rebate Real Estate provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Get a Rebate Real Estate may disable your user ID and password in Get a Rebate Real Estate’s sole discretion without notice or explanation. If an agent tries to avoid paying a referral fee or rebate on a closed transaction, Get a Rebate Real Estate will make every effort possible to receive payment that is due, along with any legal fees, loss of income, or costs, etc. Any agent that does not follow the rules on the site may be removed permanently, along with any team members and possibly entire offices/brokerages, just for one agent’s actions. Rebates are paid from the commission, and agent’s must cooperate so rebates can be paid. Buyer’s/Seller’s help may be necessary to secure any rebates or referral fees not paid by the agent.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Get a Rebate Real Estate a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Get a Rebate Real Estate the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Get a Rebate Real Estate or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Get a Rebate Real Estate reserves the right to edit or remove any material submitted to this website, or stored on Get a Rebate Real Estate’s servers, or hosted or published upon this website or by any third party hosting the information. Notwithstanding Get a Rebate Real Estate’s rights under these terms and conditions in relation to user content, Get a Rebate Real Estate does not undertake to monitor the submission of such content to, or the publication of such content on, this website. Get a Rebate Real Estate does not monitor, confirm licensing or lack of, promote, verify or back any agent signed up or referred on the site. Most states have a governing body that allows easy checking of license status and any such wrong doings/fines, etc. if applicable. It is up to the buyer/seller to research the agent or agents they contact. Get a Rebate Real Estate does not enter into any kind of Agency Relationship with buyers or sellers on this site unless notified differently and working directly with an agent/broker of Get a Rebate Real Estate. An agency relationship is reached once the buyer and/or seller selects an agent to work with. Get a Rebate Real Estate does not endorse any agent on the site; the buyer/seller is selecting agents to work with at their own will and risk. Get a Rebate Real Estate does not monitor or check the buying or selling ability of any buyer or seller on the site. It is the Agents responsibility if contacted by a potential buyer or seller from the site to do their due diligence.

The rebate is paid out how the buyer’s lender prefers, if applicable. It is the agent’s and buyer’s responsibility to contact the buyer’s lender to see how they would like to handle the rebate. Rebates will usually be placed on the Closing Document/Settlement Statement/ applied toward the buyer’s closing costs. As an agent, please make sure how the lender wants the rebate handled before you start negotiating a contract. Buyers and Sellers, you agree to work with the agent you select, sign any necessary contracts or agreements in a timely manner with the agent you select as well as Get a Rebate Real Estate so your rebate can be properly handled. Rebates will only be paid to parties to the transaction (Buyers or Sellers) in states that rebates are allowed, no exceptions. All parties agree that electronic signatures will constitute the same as hand signed documents. Get a Rebate Real Estate will provide a checklist of items to ensure satisfaction with CFPB and RESPA guidelines. It is the agent’s responsibility to follow these steps. If the agent is aware of additional state guidelines, the agent agrees to abide by any and all such guidelines.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Get a Rebate Real Estate makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Get a Rebate Real Estate does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

Get a Rebate Real Estate will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if Get a Rebate Real Estate has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Get a Rebate Real Estate’s liability in respect of any: death or personal injury caused by Get a Rebate Real Estate’s negligence; fraud or fraudulent misrepresentation on the part of Get a Rebate Real Estate; or matter which it would be illegal or unlawful for Get a Rebate Real Estate to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Get a Rebate Real Estate has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Get a Rebate Real Estate’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Get a Rebate Real Estate’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Get a Rebate Real Estate.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Get a Rebate Real Estate and undertake to keep Get a Rebate Real Estate indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Get a Rebate Real Estate to a third party in settlement of a claim or dispute on the advice of Get a Rebate Real Estate legal advisers) incurred or suffered by Get a Rebate Real Estate arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Get a Rebate Real Estate’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Get a Rebate Real Estate may take such action as Get a Rebate Real Estate deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. If a Buyer/Seller and/or Real Estate Agent are introduced on this site and elect to try to exclude paying the referral fee to Get a Rebate Real Estate and/or the rebate to the Buyer, all legal actions will be taken to receive the full referral fee and rebates plus damages, plus legal fees, etc.

Referral fees and Rebates

Rebates will be paid where allowed by law. The lender that the Buyer is working with must approve of the rebate.  It is preferred to place the rebate directly on closing document/settlement statement as a credit to the Buyer.  All rebates to Sellers are via a discounted/rebated lower commission rate.  If no lender is involved (paying cash) the rebate will be noted as a credit to the buyer’s closing costs.  If a buyer/seller finds and works with a real estate agent on this site, Get a Rebate Real Estate is owed a referral fee and will exercise every option available to be paid the referral fee as well as any legal fees, costs and/or losses because of any breach. Rebates and referral fees are a percentage of the entire commission received. Agents have agreed to pay any buyer the agreed upon rebate disclosed to the buyer. If the agent, for any reason, elects not to pay the agreed upon rebate and referral fees, then the buyer may be damaged financially because the agent has not paid the agreed upon fees and rebate. The buyer agrees to help Get a Rebate Real Estate fight for any rebates and/or referral fees as deemed necessary. No rebate is paid if closing does not occur for any reason. Any dispute over the payment of a rebate or referral fee shall be resolved by Get a Rebate Real Estate in its sole discretion. Buyers and Sellers. Get a Rebate Real Estate will not issue a 1099 with your rebate. We rely on an attorney and tax expert’s opinion that rebates lower the cost of purchasing or selling a home and should not be taxed. It is your responsibility to contact your tax professional to properly account for the rebate. We will only pay the rebate in states that allow it and only to a party to the transaction, a seller or buyer of that transaction. Rebates cannot and will not be paid to anyone but a buyer or a seller of that transaction.  Buyer’s lender must approve of the rebate or it cannot be paid.

Variation

Get a Rebate Real Estate may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Since Get a Rebate Real Estate is a real estate brokerage, they may agree to pay higher or lower rebates as noted on this site to their clients/customers working directly with one of their agents/brokers. At their sole discretion.

Assignment

Get a Rebate Real Estate may transfer, sub-contract or otherwise deal with Get a Rebate Real Estate’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with [DOCUMENTS], constitute the entire agreement between you and Get a Rebate Real Estate in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with [GOVERNING LAW], and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of each State. As a buyer and/or seller you agree to follow the steps outlined on the site so you are able to be paid a rebate where allowed. As a Real Estate Agent you agree to pay a referral fee and the rebate to buyers obtained from this site and charge sellers the “max listing fee” or less and pay Get a Rebate Real Estate a referral fee for all closed transactions.

Get a Rebate Real Estate’s details

The corporation name of Get a Rebate Real Estate is KJP Enterprise Group, LLC dba Get a Rebate Real Estate Get a Rebate Real Estate’s address is 19950 Dodd Blvd., Suite 102, Lakeville, MN 55044 You can contact Get a Rebate Real Estate by email to info@GetaRebateRealEstate.com