Legal

Terms of Service

Last updated: December 2024

Acceptance of Terms: By accessing and using this website and our services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services.

1. Use of Website

License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use this website for lawful purposes. You may not:

  • Modify, reproduce, or distribute website content without permission
  • Use automated tools to access or download content
  • Transmit viruses, malware, or harmful code
  • Engage in unlawful or fraudulent activity
  • Interfere with website functionality or security
  • Collect or harvest user information without consent

2. Real Estate Services

Agent Representation

Justin Gaspari is a licensed real estate agent in British Columbia and Alberta. When engaging our services:

  • You acknowledge our dual agency or single representation status
  • You consent to information sharing with other real estate professionals
  • You understand real estate transactions involve multiple parties and professionals
  • You agree to work in good faith toward transaction completion

Buyer Representation

If we represent you as a buyer:

  • We will provide professional guidance and market information
  • We will present offers as instructed by you
  • We will negotiate on your behalf within your guidelines
  • You remain responsible for your own due diligence and decisions
  • We will not provide legal or financial advice

Seller Representation

If we represent you as a seller:

  • We will market your property using professional strategies
  • We will present all offers received
  • We will guide you through the listing and closing process
  • You authorize us to represent you in negotiations
  • You remain responsible for disclosure requirements and final decisions

3. Commission and Fees

Commission and fees will be specified in our representation agreement. Standard practices include:

  • Seller commissions are typically split between listing and selling brokerages
  • Buyer commissions may be paid by the seller's brokerage
  • All fees and commissions must be disclosed in writing before services begin
  • Commission is contingent on successful transaction completion
  • Additional fees may apply for specialized services

4. Disclaimers and Limitations

Information Accuracy

While we strive for accuracy, we make no warranties regarding:

  • Property information accuracy or completeness
  • Market analysis or price predictions
  • Listing information provided by third parties
  • Economic forecasts or market trends

Property Condition

You are responsible for:

  • Conducting independent inspections
  • Obtaining professional appraisals
  • Verifying property condition and disclosures
  • Making your own investment decisions

Website Content

The website and its content are provided "as is" without warranties. We do not guarantee:

  • Uninterrupted or error-free operation
  • Accuracy of all information
  • Absence of viruses or harmful code
  • Availability of specific features

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for indirect, incidental, or consequential damages
  • Our liability is limited to the amount of fees paid to us
  • We are not liable for third-party conduct or information
  • We are not liable for website interruptions or data loss

Some jurisdictions do not allow limitation of liability. These limitations may not apply to you.

6. Intellectual Property

All website content, including text, images, and graphics, is the property of Justin Gaspari or licensed third parties. You may not:

  • Reproduce content without permission
  • Use content for commercial purposes
  • Modify or create derivative works
  • Redistribute content without attribution

7. Third-Party Links and Content

Our website may contain links to third-party websites. We are not responsible for:

  • Third-party website content or accuracy
  • Third-party privacy practices
  • Third-party service quality
  • Broken or outdated links

8. User-Generated Content

If you submit content to our website (reviews, testimonials, comments), you grant us the right to:

  • Use your content for marketing purposes
  • Edit or modify your content
  • Remove inappropriate content
  • Display your content across platforms

You warrant that your content is original and does not infringe third-party rights.

9. Dispute Resolution

Informal Resolution

Before pursuing legal action, we encourage you to contact us to resolve disputes informally.

Governing Law

These Terms are governed by the laws of British Columbia, Canada, without regard to conflicts of law principles.

Jurisdiction

You consent to the exclusive jurisdiction of the courts of British Columbia for dispute resolution.

10. Indemnification

You agree to indemnify and hold harmless Justin Gaspari, our brokerages, and their agents from any claims, damages, or expenses arising from:

  • Your violation of these Terms
  • Your unlawful conduct
  • Your infringement of third-party rights
  • Your misuse of our services

11. Termination

We reserve the right to terminate your access to our website or services if you:

  • Violate these Terms of Service
  • Engage in unlawful or fraudulent activity
  • Refuse to pay agreed-upon fees
  • Act in bad faith toward transaction completion

12. Modification of Terms

We may update these Terms at any time. Your continued use of our website indicates acceptance of updated terms. We will post changes with an updated "Last Modified" date.

13. Professional Licensing

Justin Gaspari operates under the following licenses:

  • British Columbia: Real Estate Services Act License
  • Alberta: Real Estate Act License
  • Brokerages: Coldwell Banker Horizon Realty (BC), RE/MAX House of Real Estate (AB)

Professional conduct standards apply to all services provided.

14. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions will continue in effect.

15. Entire Agreement

These Terms of Service, together with any representation agreements and privacy policy, constitute the entire agreement between you and Justin Gaspari regarding our services.

16. Contact Information

For questions about these Terms of Service, please contact us:

Justin Gaspari

Email: justin@gaspari.ca

Phone: (250) 864-2587

Location: Kelowna, BC & Calgary, AB