Last Updated: Nov 11, 2024

Terms of Service

Effective Date: Nov 11, 2024

Ferber Transactions LLC dba FloridaTCS.com

Welcome to Ferber Transactions LLC, doing business as FloridaTCS.com (“we,” “us,” or “our”). These Terms of Service govern the transaction coordination services provided to real estate professionals in Florida. By engaging our services, you (“Client,” “Agent,” or “Broker”) agree to these terms.

1. Scope of Services

Administrative Support Only: We provide administrative support to facilitate real estate transactions. Our services include, but are not limited to, document preparation, deadline tracking, and communication coordination.

No Negotiation or Advisory Services: As an unlicensed transaction coordination company, we do not negotiate, offer legal advice, or perform any activities requiring a real estate license.

Agent Approval Required: Any documents prepared using our proprietary automation tools are subject to review and approval by the Agent before being sent for signature or distribution. Final responsibility for accuracy lies with the Agent.

Compliance with Laws: It is the responsibility of the Agent or Broker to ensure all aspects of the transaction comply with Florida real estate laws and regulations.

2. Fees and Payment

Flat Fee Structure: We charge a flat fee for our services, disclosed at the time of engagement. This fee is subject to change and will be paid at closing, either via the ALTA settlement statement or a Disbursement Authorization (DA).

Hidden Transaction Fee: Agents who fail to disclose or “hide” transactions from us will incur a Hidden Transaction Fee equivalent to the cost of managing a listing.

Cancellation Policy: There is no cancellation fee for buyer-side transactions that do not close.

Late or Non-Payment: Any unpaid fees not included in the ALTA or DA must be paid by the Agent within seven (7) days of closing.

3. Agent Responsibilities

Approval Process: Agents must approve all documents and tasks performed by us. Agents are responsible for ensuring that all documents are accurate, legally compliant, and suitable for the transaction.

Communication: Agents must remain accessible to review, approve, and respond to all tasks and communications initiated by us.

Confidentiality: Agents are responsible for safeguarding client information shared during the transaction process.

4. Proprietary Tools and Processes

Document Creation: All documents generated by our proprietary tools and templates are designed to streamline your workflow. Unauthorized use, reproduction, or distribution of these tools and processes is prohibited.

Automation and Review: While our tools are designed to minimize errors, all outputs must be reviewed by the Agent to ensure compliance and accuracy.

5. Limitation of Liability

No Liability for Errors: Ferber Transactions LLC assumes no responsibility for errors or disputes arising from Agent-approved documents or communications. The Agent assumes full responsibility for final approval of all work.

Third-Party Vendors: We are not responsible for the performance or conduct of any third-party vendors or service providers involved in the transaction.

6. Confidentiality and Data Protection

Confidential Information: We take reasonable measures to protect the confidentiality of all data shared with us. However, the Agent is ultimately responsible for ensuring compliance with applicable data protection laws.

Data Use: We may retain transaction-related information for record-keeping and quality assurance purposes but will not share or sell such information to third parties.

7. Amendments to Terms

Updates: We reserve the right to update these Terms of Service at any time. Changes will be communicated to Clients in writing and will take effect immediately upon notice.

8. Termination

Mutual Agreement: Either party may terminate the agreement with written notice. Upon termination, any outstanding fees must be settled within seven (7) days.

Client Breach: If the Agent fails to comply with these Terms of Service, we reserve the right to terminate services immediately.

9. Governing Law and Dispute Resolution

Jurisdiction: These terms are governed by the laws of the State of Florida.

Dispute Resolution: Any disputes arising under these Terms of Service will be resolved through mediation or arbitration in Florida.

10. Acknowledgment

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms of Service.

________________________________________

Disclaimer for Title Companies

Ferber Transactions LLC dba FloridaTCS.com provides transaction coordination services to support the real estate closing process. However, please note:

Accuracy of ALTA Statements and Commissions:

We do not confirm the accuracy of ALTA settlement statements or commission disbursements. Our role is limited to providing supporting documents as authorized by the agent, broker, or client.

Additional Fees:Any additional fees impacting the ALTA or commission disbursement must be authorized by the agent, broker, or client.Authorization and Final Approvals:Only the agents, brokers, or clients listed on the contract have the authority to confirm, deny, or discuss the final ALTA settlement statement or commission disbursement authorizations.

Contact Us

If you have any questions or concerns about this Policy or our data practices, please contact us at:

Ferber Transactions LLC dba FloridaTCS.com

[email protected] or [email protected]

321-248-5151

335 N Magnolia Ave Suite 1209 Orlando FL 32801