Listing Agreement
This listing agreement is incorporated into and is made a part of the digital or
written advertising agreement between you (“Property Manager”) and Cleveland
Apartment Finders ("CAF").
Terms of Agreement. This is a non-exclusive listing agreement. You may
continue to advertise your property anywhere you wish. This agreement has no set
term and you may remove your property listings at anytime without any additional
costs or penalties for doing so. There is no fee if you rent your apartment(s)
on your own. You are free to use any other means to continue to try to rent your
apartment. CAF only charges a fee if the tenants referred by CAF are accepted
and sign a lease.
Reported Lease. Property Manager will pay to CAF the specified lease
success fee for each "Reported Lease," which means a situation where a renter:
(1) Finds your property advertised on the CAF website (the "Website"). (2)
Enters into a lease agreement for a unit in the property. (3) Reports that lease
to CAF.
The Lease Success Fee is equivalent to half of one month’s rent. CAF will pay a
$100.00 reward to the tenant when the tenant reports their lease.
Fees. Again, there is no upfront or monthly fee for you to advertise your
property on the Website. You will be obligated to pay CAF a lease success fee
equal to half of one month’s rent per reported lease. CAF must receive the lease
success fee within 30 days of the date the lease agreement was signed. If the
fee is not received, CAF reserves the right to permanently suspend, remove and
permanently delete any and all property listings from the CAF site. Property
Manager's with delinquent accounts assume the costs for collections plus 1.5%.
Gift Card/Reward Policy. In the CAF Gift Card/Reward Policy, CAF directs
renters to tell the property they found them on the CAF Website and encourages
them to write CAF as their referral source on guest cards and/or lease
applications. This is one of many ways for the parties to confirm lease
validity. However, it is not the only evidence that can establish that the
renter found the property on CAF. Accordingly, even if CAF is not noted as the
source, you may remain liable for the Fee if there is other reasonable evidence
(such as tracking data or a renter submitted reported lease) that the renter
found the property on the CAF Website. Renters who report a lease agreement to
CAF will be eligible for a $100.00 reward paid by CAF.
Early Termination Credit. If within 90 days after the start of the term
of a Reported Lease, the Renter breaks the lease or is evicted for any reason
(unless the entire lease term is less than 90 days), the Fee will be reduced to
50% of the original Reported Lease Fee, and the difference between the Fee paid
by the property for such Reported Lease and the newly reduced Fee will be
credited toward the Fees coming due in the next 30 day pay period. Otherwise,
CAF will have no obligation to credit or return any portion of a Fee.
General. CAF reserves the right to change these fees at any time with 30
days notice by notifying Property Manager and posting those changes on the CAF
website; however, no notice will be required for a reduction in fees. CAF may
choose to temporarily change this Fees and Credits Policy and the fees for
services provided for promotional events, and such changes are effective when
CAF posts the temporary promotional event on the site. CAF maintains sole
discretionary right to change some or all of its services at any time. In the
event that CAF introduces a new service, the fees for that service are effective
at the launch of the service, upon Property Manager’s authorization. All fees
are quoted in U.S. Dollars. Property Manager is responsible for paying all fees
associated with using the CAF service and with using CAF’s Website, and for
following all applicable taxes and laws.
Release of Liability. CAF does not guarantee the qualification of the
Renter in any way. It is the responsibility of Property Manager to qualify and
approve or decline any and all potential renters referred by CAF. It is agreed
that CAF will be held harmless for any and all damages and liabilities arising
from the acceptance or rejection of any potential renters referred by CAF.
CAF does not list real estate for sale or lease, does not provide brokerage
services, does not act as referral agents, and do not receive referral fees.
CAFis an advertising portal and any and all fees related to properties displayed
in relation there to are ADVERTISING FEES ONLY.CAF does not offer legal services
nor real estate sales or leasing representation. By using this website, the
advertiser of any property on the Website, and/or with CAF, indemnifies and
warrants that the advertiser has the legal right to advertise, sell and/or lease
said property, to enter into a contract related to the advertisement, sale
and/or lease of said property, and/or to represent individuals in entering into
a contract related to the advertisement, sale and/or lease of said property.
By using this site to advertise real estate for sale or lease, you are affirming
that you are either the property owner, Property Manager or that you are
licensed by any and all appropriate authorities to conduct such activities,
enter into such agreements and agree to indemnify and hold harmless CAF for
same.
Acceptance. By checking the 'I agree' checkbox below, using the CAF
website and continuing, Property Manager is hereby accepting this agreement in
its entirety. Upon accepting this agreement, CAF is released of all liability
with landlord, tenant and other parties affiliated with the Property Manager
and/or CAF referrals. You are hereby stating that you are able to sign
agreements on behalf of Property Manager and hereby agree to abide by the terms
and conditions set forth in this agreement.