Terms, Conditions & Privacy Policy

Users are not required to provide any information unless you choose to access features of the service that require such information. Otherwise, information you provide is voluntary. If you do not agree with the terms of this policy or Diamond Realty Brokers Terms of Use related to the Service, please do not provide us with personal information, exit the website immediately, and discontinue use. You may unsubscribe at any time.

When clicking a submit button you agree you are providing an electronic signature expressly authorizing DiamondRealtyBrokers.com and/or it’s affiliates to contact you at any telephone number or email address you entered with a phone call or Text, so we can assist you. You expressly consent to our collection, use, disclosure, and retention of your information as described in this Privacy Policy and in Diamond Realty Brokers Terms of Use. This authorization overrides any previous registrations on a federal or state Do Not Call registry or any internal DiamondRealtyBrokers.com privacy or solicitation preference you have previously expressed. You agree that DiamondRealtyBrokers.com may use automatic telephone dialing systems in connection with calls made to any telephone number you entered, even if the telephone number is assigned to a cellular telephone service or other service for which the called party is charged.

Please be aware that third parties advertisers would be separate entities from our entities & DiamondRealtyBrokers.com and that we would not be responsible for the practices employed by websites linked to or from our website, nor the information or content contained in such sites, and we may not be held liable in the event they violate their own or our privacy policy. DiamondRealtyBrokers.com may receive fees from third party affiliates for marketing services. In the course of serving ads to this site, a third-party advertiser may place or recognize a unique “cookie” on your browser.

CHANGES TO THE PRIVACY POLICY

We reserve the right to amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in or creating an account in order to keep using the Service. Alternatively, we may post any material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to this Privacy Policy, before the effective date of the changes by sending an email or in another conspicuous manner to give you a reasonable notice period. If you do not agree to the new Privacy Policy, you may terminate or unsubscribe at any time.

Terms of Use

By visiting DiamondRealtyBrokers.com, you are subject to and accept these Terms and Conditions of Use, which may be updated by us from time to time without notice to you. Please also review our privacy policy, which also governs your visit to DiamondRealtyBrokers.com, to fully understand our practices. These documents constitute an “Agreement” between you and DiamondRealtyBrokers.com regarding your use of our website. Any Agents with Diamond Realty Brokers are licensed Real Estate Agents who have signed an affiliation agreement with Diamond Realty Brokers.

Purpose of Our Website

The purpose of DiamondRealtyBrokers.com is to allow our users to gain access to our data, staff and Realtors. In order to gain access to our Realtors, you must submit certain personal information. This information will be used by DiamondRealtyBrokers.com to assist you in the real estate transaction process. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information. Once you have been contacted by one of our Realtors, any agreement you enter into with such third party will only be between you and such third party.

Copyright & Trademarks

Diamond Realty Brokers is a United States Trademark. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, are the exclusive properties of DiamondRealtyBrokers.com/Local MLS/Other affiliated parties and are all subject to copyright and other intellectual property protection laws. DiamondRealtyBrokers.com and all other trademarks and service marks indicated on our site are the properties of their respective owners. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites. Framing of any content is strictly prohibited.

License

DiamondRealtyBrokers.com grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of DiamondRealtyBrokers.com. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of DiamondRealtyBrokers.com.

Professional REALTORS

Agents of Diamond Realty Brokers are independent contractors. Financial decisions, including decisions about real estate are serious decisions that should not be taken lightly. DiamondRealtyBrokers.com its staff, agents, officers, subsidiaries, members or affiliates do not encourage you to make any particular decision on issues concerning real estate without first seeking professional advice. The material contained on this site is offered as information only and not as accounting or legal advice. Users of this site should contact their own advisors in that profession for such advice.

You agree that you must evaluate and bear all risks associated with your dealings with any real estate investor or investment company or real estate broker or brokerage company that is linked to, included in, or referred to by DiamondRealtyBrokers.com. You agree and understand that your choice to deal with any member or affiliate of this site is done at your discretion and risk, and you will be solely responsible for such dealings. In no event shall DiamondRealtyBrokers.com be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to your dealings with investors, members or affiliates of this site.

On occasion, information on our site, such as home prices, may be outdated or otherwise incorrect. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.

By subscribing, affiliating or signing any of the forms on this website brokerage owned websites, the Associate/Agent acknowledge & agree to the following terms and conditions which are further detailed in the membership section of the back office. Associates should login frequently for updates as stated in the Independent Contractor Agreement or Affiliation Agreement. The Associate agrees that the terms & conditions serve notice to modifications including but not limited to processes, policies & procedures. Associates shall keep the back office confidential & all information received by the brokerage. Definitions of the terms Associates, Agents, Affiliates, Brokerage, Broker &/or Companies are defined in the Independent Contractor Affiliation Agreement.

Affiliate Termination

The Associate or Affiliate may terminate by unsubscribing from monthly fees on their account page in the back office. Associate understands it is the responsibility of the Associate/Agent to ensure their original binding and non binding contracts, closing statements and any contract related documents are uploaded to the Brokerage Hub/CRM before asking for their license to be removed, terminated or inactivated. Agent takes full responsibility for making sure the Brokerage has their paperwork in our Hub/CRM. This statement refers to any contracts within the last 3 years since the brokerage retains documents for 3 years. This Agency does not accept emailed contracts. All associated original documents must be uploaded to our CRM & Transaction Desk as indicated in the back office. Associate agrees to follow up on his/her deals in order to receive the commission split stated in the Affiliation Agreement along with a 30 day notice to terminate. Otherwise the Agent will unilaterally terminate in the back office. Associates understands that transferring their license and transferring the brokerage listings are completely different. All listings & pending escrows belong to the brokerage no matter how the listing was obtained or referred.

Associate understands that without a written 30 day notice to terminate, the Associate will not be compensated for any sales. Furthermore, if the brokerage finds that the Associate has violated the real estate license law in any way or associated local, state or federal laws, the brokerage reserves the right not to compensate the Associate at all.  Authorites or Agencies play no role in our brokerage internal investigation. In other words, if the brokerage finds that the Associate has misrepresented our clients, company or business in any manner including but not limited to; falsification, forgery, fraud, the Associate will not be compensated. In the event that the brokerage, supervising broker or managing broker of record is named as a defendant to any lawsuit relating to the Associate, a commission and/or fees will not be paid to the Associate nor legal fees.

Associate understands a final monthly payment is due in the month of termination because the MLS bills in advance. In the event the Associate does not provide sufficient follow up with their transactions, we reserve the right to assign a follow up Agent to close out their transactions and may receive a 10% follow up fee upon closing. This firm reserves the right to terminate the agreement with the Associate at any time or upon notice of an involvement with violations from the Real Estate Commission caused by the Associate. The company shall not be obligated to defend any disciplinary actions or pay any fines, penalties, Attorney fees, commissions or award resulting from any disciplinary action or misrepresentation. Associate further understands that the Brokerage reserves all rights necessary to rectify & remedy any real estate violations, internal or external investigations, suspicions of fraudulent activity within the brokerage made by the Associate. The brokerage also has the exclusive right to determine the conduct and defense of such legal proceedings or investigation with any such party or third party including, without limitation; the right to compromise, settle, defend, discontinue or continue any such action. The Associate acknowledges that the Brokerage may report any suspicious, unusual and/or potentially illegal fraudulent activity to Authorities or officials as required by law.

Affiliate Compensation 

The $3 Million in sales volume must be repeated annually (defined as every year) before 100% split is paid minus the transaction fee specified in the Independent Contractor Agreement. In other words, your sales reset every year. This Agency is not a flat fee Brokerage. Please search for other Brokers for that service. It is the Associate’s responsibility to record their sales in the MLS & email those records to our Managing Broker as proof of sales history when requesting to receive 100% commission prior to closing a transaction. Choose your plan, then email your MLS documented proof of sales for validation. The 50/50 Lead plan can’t be combined with any other plan no matter when the Associate added on leads or stopped paying for them. This will prevent Associates from obtaining our leads & closing the deals under their own brokerage or a transferring brokerage. Discontinuing the lead payment subscription from your subscriptions does not terminate the Agent from the brokerage. The Agent can request for their license to be deactivated from the brokerage when requesting to terminate the Affiliation Agreement. See Termination section for details on unsubscribing from the mandatory monthly dues or the brokerage. Do not add leads if you don’t have the time it takes to nurture leads. Lead prospects can take up to 12 months on average to convert to a sale or closing in our industry.

No representation, statement, promise or inducement not contained within these Terms & Conditions, Affiliation Agreement or back office shall be binding. These terms of use, terms & conditions shall be binding on the Associate.

Obligations of Home Sellers Registered With DiamondRealtyBrokers.com

By completing the home information form on this site, you agree that:

  • You are of Legal Age and are otherwise capable of forming a legally binding contract;
  • You are interested in buying or selling property;
  • You do not have an exclusive contractual or other arrangement with any real estate professional; and
  • You agree to be contacted by e-mail, phone, text or other means by DiamondRealtyBrokers.com or a member or affiliate of DiamondRealtyBrokers.com regarding a property.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY DiamondRealtyBrokers.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. DiamondRealtyBrokers.com MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DiamondRealtyBrokers.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DiamondRealtyBrokers.com DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DiamondRealtyBrokers.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Governing Law

By visiting DiamondRealtyBrokers.com, you agree that the laws of the State of GA, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and DiamondRealtyBrokers.com or its affiliates.

Links to Other Sites

From time to time, DiamondRealtyBrokers.com may include on its site third party services (such as a moving company or home improvement center). DiamondRealtyBrokers.com may post information about, or links to, these companies as a service to its users who may be interested in such services. DiamondRealtyBrokers.com is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.

Disputes

Any dispute relating in any way to your use of the DiamondRealtyBrokers.com site shall be submitted to confidential and binding arbitration in Metro Atlanta, GA except to the extent that you have in any manner violated or threatened to violate DiamondRealtyBrokers.com intellectual property rights, DiamondRealtyBrokers.com may seek injunctive or other appropriate relief in any state or federal court in the State of GA, and you consent to exclusive jurisdiction and venue in such courts.

All parties agree to mediation versus litigation in the event of a dispute. Parties agree to provide in writing immediately before proceeding with mediation or arbitration adopting the mediation guidelines of our designated local board of Realtors Association or any lawsuit.

Diamond Realty Brokers is a U.S. trademark. Diamond Realty Brokers Corporation is a separate entity and is not associated with the Independent Contractor or Affiliation Agreement. As a member of the local, state & national Association of Realtors, all parties agree to adopt the code of ethics, mediation & arbitration guidelines of the Association regarding all disputes. Visit the local board website for more information.

Details of mediation are explained in the mandatory Code of Ethics class facilitated by the Board of Realtors for licensees. In the event that the brokerage, supervising broker or managing broker of record is named as a defendant to any lawsuit relating to the Associate, a commission will not be paid to the Associate. In addition, all disputes arising out of commissions or earnest money with other real estate firms, builders or developers whether licensed or unlicensed must be disputed in writing to your Association & this firm.

Arbitration under this Agreement shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Indemnification

Associates or Affiliated licensees shall reimburse the brokerage for any and all losses, liabilities, claims, damages, costs including without limitation attorney fees and costs, and actions suffered or incurred by the brokerage which arise out of or result from; including but not limited to: material breach by Associate, breach of contract, condition, term, obligation, misrepresentation or negligence by Associate. The Associate further acknowledges & agrees that the brokerage shall be indemnified & held harmless from any & all claims, causes of action, or damages arising out of or related to Associate’s neglect in any way, misrepresentation, investigations, forgery, fraud or suspicious activity as identified by the brokerage, supervising broker or qualifying broker of record. Associate agrees to indemnify Brokerage Services, Managing Partners, Managing Brokers & affiliates from & against any & all claims, liabilities, damages or losses arising out of or related to the listing & sale of properties. Associate acknowledges that Broker or Brokerage shall under no circumstances have any liability greater than the amount of the real estate commission paid in the Associate transaction assuming Associate is in compliance to be paid & has not breached or violated any brokerage policies, rules or procedures.

Policies and Modification

Please review our other policies posted on this site, including our Privacy Policy. These policies also govern your visit to DiamondRealtyBrokers.com. We reserve the right to make any changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these provisions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions.

Acceptance of Terms of Use

By your use of this site, you agree that you have read, understand and agree to abide by this Agreement and the documents it incorporates by reference; you intend to form a legally binding contract by utilizing or viewing this site. A printout of this Agreement and the documents it incorporates by reference will constitute a “writing” under any applicable law or regulation.

Diamond Realty Brokers Rewards

Diamond Realty Brokers Rewards are rewarded to Diamond Realty Brokers customers who have enrolled by e-signing the appropriate form and Buy or Sell a home using Diamond Realty Brokers as their REALTOR®. Buyers or Sellers outside of GA, TN, SC, FL & NC will be referred to one of our partner Brokers that honor Diamond Realty Rewards. Buyer understands the Model Home Agent is the Agent of the builder. Buyer confirms they do not already have a Realtor or Agent. Listing & Selling brokers share commission paid by the seller. Buyer will register Diamond Realty Brokers as their Agent when signing any guest registration form in a Model Home or New Home Community Sales Office. Diamond Realty Brokers must be listed as the selling broker on your sales contract & receive a copy of the contract or this will void this agreement. The incentive up to $500 apply AFTER you purchase your home with Diamond Realty Brokers. Diamond Realty Brokers Rewards Rebate only applies to new construction homes & is void if buyer request’s Diamond Realty Brokers to accommodate them on a showing or new construction site. The client agreement is not applicable for the rebate program. The rebate offer would then default to Diamond Realty Brokers Rewards of up to $500. This offer amount is subject to Diamond Realty Brokers discretion on homes that are not new construction. Void in states where prohibited. Terms & conditions apply.

WHEN YOU SUBMIT AN ONLINE APPLICATION FOR OUR SERVICES, YOU ARE THEREBY PROVIDING EXPRESS WRITTEN CONSENT TO RECEIVE AUTOMATED MESSAGES CONTAINING REAL ESTATE INFORMATION AND ADVERTISEMENTS COMMUNICATED VIA EMAIL, LANDLINE PHONE, CELL PHONE, TEXT MESSAGE, AND FAX ABOUT THOSE SERVICES PROVIDED BY DiamondRealtyBrokers.com. AND ITS AFFILIATES.

DiamondRealtyBrokers.com and its affiliates shall give you the opportunity to opt-out of all such communications. Clear directions for opting out of receiving automated communications shall accompany all messages DiamondRealtyBrokers.com and/or its affiliates send you.

By visiting DiamondRealtyBrokers.com, you accept the policies set forth in our Terms, Conditions & this Privacy Policy.