Terms of use - BARNES New York | Luxury Real Estate in New York

Terms and Conditions of the website barnes-newyork.com

Last updated: October 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.barnes-york.com website operated by BARNES New York (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the service, you agree to be bound by these Terms. If you disagree with any part of the terms do not use this website.

Registration data and certain other information about You is subject to Our Privacy Policy. For more information, please review Our full Privacy Policy which can be found on barnes-newyork.com.

Content, Trademarks, Copyrights, and Restrictions

This website is controlled and operated by BARNES New York, with an address at 295 Madison Ave, Ste. 901, New York, NY 10017. All content on this website, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by BARNES New York or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to BARNES New York.

Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You may print a copy of the content and/or information contained herein for Your personal, non-commercial use only, but You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of BARNES New York or the Providers. You may request consent by sending a request to 295 Madison Ave, Ste. 901, New York, NY 10017. Without the prior written consent of BARNES New York or the Providers, Your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of BARNES New York and/or the Providers and is prohibited.

As a condition of your use of this website, You warrant to BARNES New York that You will not use Our website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use Our website immediately terminates without the necessity of any notice. BARNES New York retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on Your website any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this website without prior written consent of BARNES New York.

Prohibited Activities

You are specifically prohibited from any use of this website, and You agree not to use or permit others to use this website, to do any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure, including but not limited to “spam,” or other such unsolicited mass e-mailing techniques, or “website scraping;” (b) disclose or share users’ website passwords with any unauthorized third parties or use users’ website passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this website; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor, “scrape,” or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers may be used without such permission.

Links

This website may contain links to other website (“Linked Sites”). The Linked Sites are provided for Your convenience and information only and, as such, You access them at Your own risk. The content of any Linked Sites is not under BARNES New York’s control, and BARNES New York is not responsible for, and does not endorse, such content, whether or not BARNES New York is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this website or provide any links that state or imply any sponsorship or endorsement of Your website by BARNES New York, or its affiliates or Providers.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 (change this) days’ notice prior to any new terms
taking effect. What constitutes a material change will be determined at our sole discretion.

Agreement and Contact

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between BARNES New York, its affiliated or related entities, and You, and supersede any prior agreements or understandings relating to the subject matter hereof and not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

New York State Disclosure For Buyers And Sellers

Disclosure regarding REBNY

REBNY and/or RLS Brokers (and each of their duly authorized representatives) are authorized to access barnes-newyork.com for purposes of verifying compliance with the provisions of this Agreement, the Co-Brokerage Agreement, or any other RLS rules or policies. Registrant acknowledges entering into a lawful consumer-broker relationship with BARNES New York; all information is intended only for the Registrant’s personal, non-commercial use; that the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through barnes-newyork.com; that the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property; and that the Registrant acknowledges BARNES New York’s ownership of and the validity of the copyright in the database.

Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;
All information is intended only for the Registrant’s personal, non-commercial use;
That the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through barnes-newyork.com;
That the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property;
That the Registrant acknowledges the [RLS Broker’s] ownership of and the validity of the copyright in the database.

RLS listings are Powered by EON.AI LLC.

This is not a contract

New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents.

Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

Disclosure Regarding Real Estate Agency Relationships

Seller’s agent

A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

Buyer’s Agent

A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interests. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.

Broker’s Agent

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.

Dual Agent

A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.

Dual Agent With Designated Sales Agents

If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.

This form was provided to me by a licensed real estate salesperson or broker of BARNES New York, acting in the interest of the Buyer as a buyer’s agent: Seller as a (check relationship below) Buyer as a (check relationship below) Dual agent Dual agent with designated sales agent If dual agent with designated sales agents is indicated above:_ is appointed to represent the buyer; and _ is appointed to represent the seller in this transaction.

(I)(We) acknowledge receipt of a copy of this disclosure form:

Signature of Buyer(s):

____________________ ____________________

Date:_______________ Date:_______________

PDF: NY State Disclosure Form for Buyer and Seller

New York State Disclosure For Landlord and Tenant

This is not a contract

New York State law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents.

Disclosure Regarding Real Estate Agency Relationships

Landlord’s Agent

A landlord’s agent is an agent who is engaged by a landlord to represent the landlord’s interest. The landlord’s agent does this by securing a tenant for the landlord’s apartment or house at a rent and on terms acceptable to the landlord. A landlord’s agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord’s agent does not represent the interests of the tenant. The obligations of a landlord’s agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

Tenant’s Agent

A tenant’s agent is an agent who is engaged by a tenant to represent the tenant’s interest. The tenant’s agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant’s agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant’s agent does not represent the interest of the landlord. The obligations of a tenant’s agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the tenant’s ability and/or willingness to perform a contract to rent or lease landlord’s property that are not consistent with the agent’s fiduciary duties to the tenant.

Broker’s Agents

A broker’s agent is an agent that cooperates or is engaged by a listing agent or a tenant’s agent (but does not work for the same firm as the listing agent or tenant’s agent) to assist the listing agent or tenant’s agent in locating a property to rent or lease for the listing agent’s landlord or the tenant agent’s tenant. The broker’s agent does not have a direct relationship with the tenant or landlord and the tenant or landlord can not provide instructions or direction directly to the broker’s agent. The tenant and the landlord therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or tenant’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or tenant’s agent will have liability for the acts of the broker’s agent.

Dual Agent

A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their inDOS-1735-a (Rev. 12/10) formed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency by indicating the same on this
form.

Dual Agent with Designated Sales Agents

If the tenant and the landlord provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the tenant and another sales agent to represent the landlord. A sales agent works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales agent for the tenant will function as the tenant’s agent representing the interests of and advocating on behalf of the tenant and the designated sales agent for the landlord will function as the landlord’s agent representing the interests of and advocating on behalf of the landlord in the negotiations between the tenant and the landlord. A designated sales agent cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.

This form was provided to me by a licensed real estate salesperson or broker of BARNES New York, acting in the interest of:

(check one)

[ ] the landlord’s agent

[ ] the tenant’s agent

[ ] a dual agent

[ ] a dual agent with designated sales associates

If dual agent with designated sales associates is checked:

______________________________________ is appointed to represent the tenant; and

______________________________________ is appointed to represent the landlord in this transaction.

(I) (We) acknowledge receipt of a copy of this disclosure form:

Signature of [ ] Landlord(s) and/or [ ] Tenant(s):

__________________________________________

Date: _______________ Date: _______________

PDF: NY State Disclosure Form for Landlord

If you have any questions about these Terms, please contact us at 295 Madison Ave, Ste. 901, New York, NY 10017
Telephone : +1 (646) 559-2249