Terms of Use

1. Informational Website

The Site provides general information about FSBOTransact’s real estate brokerage and transaction-management services.

Content on the Site is provided for general informational purposes only. Information on the Site may not reflect every fact or legal requirement applicable to a particular property, transaction, jurisdiction, or individual circumstance.

2. No Brokerage Relationship Created by Website Use

Visiting the Site, sending an email, submitting information, or scheduling or participating in a free consultation does not by itself create a broker-client, agency, fiduciary, or other professional relationship with FSBOTransact or Bennett Mason.

Any brokerage or agency relationship will arise only through the execution of the appropriate written agreements and disclosures required for the particular transaction.

The terms and scope of any actual brokerage representation will be governed by those written agreements, not by these Terms or general statements appearing on the Site.

3. No Legal, Tax, Accounting, or Financial Advice

FSBOTransact provides licensed real estate brokerage services.

Nothing on the Site constitutes legal, tax, accounting, estate-planning, investment, or financial advice.

Real estate transactions may involve significant legal and tax consequences, particularly transactions involving trusts, estates, family members, divorce, Proposition 19, inherited property, or other special circumstances.

You should consult an appropriately qualified attorney, accountant, tax professional, financial adviser, or other professional regarding matters outside the scope of real estate brokerage services.

4. No Guarantee That Services Are Appropriate or Available

The Site describes types of transactions that FSBOTransact may be able to assist with. We do not guarantee that we can accept or provide services for every prospective transaction.

Whether FSBOTransact can act in a particular matter depends on factors including the parties, property, location, transaction structure, conflicts, financing, legal issues, and applicable brokerage requirements.

A consultation is intended in part to determine whether the matter is an appropriate fit.

5. Brokerage and Agency Disclosures

Real estate agency relationships are governed by applicable California law and the written agency and brokerage disclosures and agreements applicable to the transaction.

Where FSBOTransact may act for more than one party in a transaction, any dual-agency relationship is subject to legally required disclosure and consent.

Nothing on the Site modifies, replaces, or supersedes a legally required agency disclosure, representation agreement, purchase agreement, listing agreement, buyer representation agreement, or other transaction document.

6. Fees

The Site currently describes a $6,000 flat fee for qualifying transaction-management services.

The actual fee, services included, payment terms, and any circumstances involving additional fees or third-party costs will be established in the applicable written brokerage or service agreement.

Third-party charges—including escrow, title, inspections, lending, appraisal, recording, insurance, legal, tax, and similar costs—are not included merely because the Site describes a flat brokerage fee, unless expressly stated in a signed agreement.

7. Savings and Cost Examples

Any savings, commission, attorney-fee, or cost examples shown on the Site are illustrative.

Actual commissions, professional fees, transaction costs, property values, and savings vary substantially. We do not guarantee that any visitor will achieve a particular amount of savings.

8. No Guarantee of Transaction Outcome

Real estate transactions involve risks and circumstances outside our control.

We do not guarantee that:

• a transaction will close;
• financing will be approved;
• an appraisal will meet a particular value;
• title issues will be resolved;
• inspections will reveal no problems;
• a particular tax treatment will apply;
• a party will perform its obligations; or
• any particular financial result will be achieved.

9. Accuracy of Website Information

We attempt to keep the Site accurate and current, but laws, forms, brokerage practices, fees, service availability, and market conditions can change.

We do not warrant that every statement on the Site is complete, current, or applicable to every situation.

If information on the Site conflicts with a signed transaction document or required legal disclosure, the signed document or legally required disclosure controls.

10. Scheduling and Third-Party Services

The Site uses third-party services, including Calendly, to provide scheduling functionality.

Your use of third-party services may be subject to the provider’s own terms and privacy policies.

We are not responsible for interruptions, errors, data practices, availability, or functionality controlled by third-party providers.

11. Links to Other Websites

The Site may contain links to third-party websites or affiliated or related services, including OpenKnocks.

A link does not imply that FSBOTransact controls or is responsible for the linked site’s content, availability, security, terms, or privacy practices.

12. Intellectual Property

Unless otherwise stated, the Site’s original text, branding, graphics, layout, and other original content are owned by or licensed to FSBOTransact and may not be copied, reproduced, distributed, or commercially exploited without permission, except as permitted by law.

13. Permitted Use

You may use the Site for lawful personal or business purposes related to learning about FSBOTransact and its services.

You may not:

• interfere with the operation or security of the Site;
• attempt unauthorized access to systems or data;
• use automated systems in a manner that materially burdens the Site;
• introduce malicious software or code;
• impersonate another person; or
• use the Site for unlawful, fraudulent, or abusive purposes.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis.

We disclaim warranties regarding the Site’s uninterrupted availability, completeness, accuracy, security, or fitness for a particular purpose, except to the extent a warranty cannot legally be disclaimed.

This section concerns the Site itself and does not eliminate duties that may arise under an actual written brokerage relationship.

15. Limitation of Liability

To the fullest extent permitted by applicable law, FSBOTransact and Bennett Mason will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising solely from use of or inability to use the Site.

Nothing in these Terms limits liability or professional duties that cannot lawfully be limited, or overrides duties arising under an executed brokerage agreement or applicable real estate law.

16. Indemnification

To the extent permitted by law, you agree to indemnify and hold FSBOTransact harmless from claims arising from your unlawful misuse of the Site or violation of these Terms.

This provision does not apply to claims resulting from FSBOTransact’s own professional obligations under an executed brokerage relationship.

17. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute relating solely to use of the Site will be subject to the applicable state or federal courts located in California, unless applicable law or a separate written agreement requires otherwise.

18. Changes to These Terms

We may revise these Terms from time to time. Any revised Terms will be posted on this page with an updated Effective Date.

Your continued use of the Site after revised Terms are posted constitutes acceptance of the revised Terms with respect to subsequent use of the Site.

19. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

20. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy constitute the agreement governing use of the Site itself.

They do not replace or modify any separately executed brokerage, agency, representation, purchase, disclosure, or transaction agreement.

21. Contact