Terms and Conditions/Privacy Policy/Brokerage Services

Welcome to the RebateTexas.com (the "Web Site") a service of New Home Locators (the “Company”). The goal of this Web Site is to provide you with access to the most comprehensive network of real estate related products/services and related links to meet your needs. Please read our Terms of Use (the "Terms") carefully before continuing on with your use of this Web Site. These Terms shall govern the use of the Web Site and apply to all internet traffic visiting the Web Site. By accessing or using this Web Site, you agree to the terms. The Terms are meant to protect all of our Web Site visitors and your use of this Web Site signifies your agreement with these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.

The Terms of your Rebate

1. If a real estate agent or broker currently represents you, you are NOT eligible for the RebateTexas.com Rebate.
2. You must contact New Home Locators before visiting home builders so that you will be registered with an on-site agent on your first visit to the subdivision or development. On the registration card, simply list New Home Locators as “Broker” and Brandon Lancaster as your agent representative where it designates “Realtor”.
3. Offer is NOT valid if potential buyer is registered/accompanied by real estate agent or broker, or if potential buyer has registered with a real estate agent or broker at the community previously.
4. Your New Home Rebate does not apply to pre-owned homes for sale by individuals. This rebate only applies to purchases of new homes ("new" meaning to be constructed, under construction, or finished but still owned by builder).
5. There is no obligation on Buyer's part to purchase from any of New Home Locators' Preferred Homebuilders.
6. New Home Locators must be listed on the purchase agreement. For any reason if the buyer or the builder cancels (terminates) the purchase agreement then this rebate becomes void.
7. Since the rebate is issued out of the commission paid by the home builder to New Home Locators, the rebate will be prorated accordingly if the selling commission is less than 3%. The rebate is usually based on the base price of the home purchase, which does not include lot premiums, upgrades and options (this will vary among homebuilders). Under certain circumstances, when the selling price is less than the base price (due to builder incentives), the rebate will then be based on the selling price. Any bonus paid by the home builder (in addition to the 3% commission) to the buyers’ agent is not part of the rebate.
8. Due to National Fair Housing laws, your cash rebate has no effect on the base purchase price as offered by the builder of your new home.
9. You acknowledge that New Home Locators is not a party to the real estate contract between the builder and the homebuyer, and makes no representation or warranty with respect to the home builder. We are licensed real estate agents and we are here to assist you in locating your new home and will be happy to answer questions you may have regarding your new home purchase.
10. The rebate from New Home Locators will be mailed 3-7 days after closing and funding of the new home purchased and the terms and conditions stated herein have been met.
11. You are responsible for paying taxes on the rebate you receive, unless the builder agrees to apply the rebate toward closing.

PRIVACY POLICY

At RebateTexas.com and New Home Locators, user privacy is of utmost concern. We are committed to your privacy and security, and to providing you the best possible user experience. Your e-mail address will be used only to reply to your inquiries and is not released to any other parties nor used for any other purpose other than typical real estate transactions-builders, title agents etc. We do not collect individually identifiable data on users. We do not collect personally identifiable information on our web site unless you choose to give it to us via an electronic mail message. We only use information we receive within the natural real estate transactions, like builders, closing agents and other parties that would enter into a typical real estate transaction. We collect some basic information that does not identify individual users. This includes the amount of traffic visiting the site, which pages are visited and for how long, where the visitors come from, and what ISP they are using. We use the information we collect to improve the quality and look of our web site.

REPRESENTATION

You represent that you are an individual interested in purchasing or selling real estate on your own behalf. You may not use the Site for the purpose of acting as an agent to any third party, or for any unlawful purpose. You represent that all information provided by you to RebateTexas.com have been and will be answered truthfully and to the best of your knowledge. You represent that you have not entered into any agreement or informal arrangement with a real estate agent or agency that would prevent you from entering into this agreement with RebateTexas.com. You agree to indemnify and hold harmless RebateTexas.com from claims from other real estate brokers who claim to have represented you in any transaction conducted through RebateTexas.com. This agreement will commence when you fill out the registration form provided and select the "Submit" button. This Agreement will continue for a period of sixty (60) days. You can extend the term of this Agreement by renewing this Terms Agreement prior to its termination via email or telephone. You may terminate this Agreement by sending a notice to New Home Locators 11815 IH-10W Suite 110, San Antonio, TX 78230.

On first visit, buyer must register New Home Locators and have an authorized builder representative sign and date it and return it to RebateTexas.com via fax 210.558.7942 or mail (see above address) immediately. The rebate (on base price) is only available for buyers in new home developments that purchase home(s) from builders who participate with real estate brokers. The certificate is not valid if potential buyer is accompanied by real estate agent during the first visit and/or registration or reviewing contracts, or if potential buyer has registered with a real estate agent at the community previously. Participating builders must offer 3% or greater commissions to Texas real estate brokers in the state of Texas. The builder must deliver the commission(s) to New Home Locators at closing. If the builder chooses to deliver the commission via a check, then New Home Locators will rebate once funds has cleared New Home Locators banking institution.

All information provided is deemed reliable but is not guaranteed and should be independently verified. The information appearing in the RebateTexas.com site is intended solely as general guidance on the home buying, general home information and financing processes, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified real estate attorneys and/or real estate accountants.

LINKS

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The linked sites are not under the control of RebateTexas.com or New Home Locators. RebateTexas.com and New Home Locators are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RebateTexas.com and New Home Locators are not responsible if the Linked Site is not working correctly. RebateTexas.com a service of New Home Locators provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RebateTexas.com or New Home Locators of the site or any association with its operators. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this web site, you do so at your own risk you are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RebateTexas.com and/or New Home Locators and the Providers, and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State. Any action brought to enforce these Terms, in connection with, any matters related to this Site shall be brought only in either the state or Federal Courts located in Bexar County, Texas and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL MATERIALS CONTAINED IN THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. IN NO EVENT SHALL "RebateTexas.com, a service of New Home Locators", BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WHILE RebateTexas.com STRIVES TO KEEP THE INFORMATION ON THIS SITE ACCURATE AND CURRENT, RebateTexas.com CANNOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION. RebateTexas.com shall not be liable against defects in materials, workmanship or any other building related faults, defects, delays or misrepresentations. At any time RebateTexas.com, may without notice make changes to this site or to the services or products described in this site. Information may be changed or updated without notice. All RebateTexas.com web site design, text, graphics, and the selection and arrangement thereof are the copyrighted works of RebateTexas.com and New Home Locators© 2006. All rights reserved.

The New Home Locators and RebateTexas.com service and product names identified in this site are trademarks or service marks of New Home Locators and RebateTexas.com. All other products or services referenced in this site are the trademarks or service marks of their respective owners.

Disclaimer:

All information deemed reliable but not guaranteed and should be independently verified. All properties are subject to prior sale, change or withdrawal. Neither listing broker(s) nor New Home Locators and RebateTexas.com shall be responsible for any typographical errors, misinformation, and misprints and shall be held totally harmless.

The Terms and Guidelines represent the entire Agreement between you and New Home Locators and RebateTexas.com and supersedes any prior agreements or understandings. In the event inconsistencies exist between these Terms and Guidelines and any future published Terms and Guidelines or understanding, the last published Terms and Guidelines shall prevail.

For Texas Home Buyers only:

Information About Brokerage Services

Texas law requires all real estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords.

Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly.

IF THE BROKER REPRESENTS THE OWNER:

The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of sub-agency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent.

IF THE BROKER REPRESENTS THE BUYER:

The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent.

IF THE BROKER ACTS AS AN INTERMEDIARY:

A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction:

1. shall treat all parties honestly;
2. may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner;
3. may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and
4. may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property.

With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party.

IF YOU CHOOSE TO HAVE A BROKER REPRESENT YOU:

You should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding.

Use of this website and of New Home Locator's services acknowledges receipt of this information.