Migration Contract Page
  • Migration Contract Page

  • Jimmy Dorsey Real Estate, LLC owns and operates the mobile application downloaded to your mobile device known as “Migrate®” (the “App”), and the services, features, functionality, downloads, content, forms or applications we offer via such App (the “Services”). The Services are further defined herein below.

  • Service We Provide:
  • The Migrate® App is a subscription service that allows a user to sign up to have a Migration contract and pay for Real Estate prepaid service through the App. Users can discover residential real estate, and upon becoming a registered neighbor. Subscribers, to thereafter offer, sell, and buy residential real estate. Jimmy Dorsey Real Estate is not a lender, mortgage broker, appraiser, loan originator, loan processor, underwriter, or title company, and provides none of those services.

  • Jimmy Dorsey Real Estate is a real estate brokerage licensed by the State of Oregon. Your listing contract and/or buyer service broker agreements along with all required agency disclosure forms seller/buyer disclosures will be delivered promptly immediately (within 3 business days) following your paid subscription with Jimmy Dorsey Real Estate. This means that, except where you and Jimmy Dorsey Real Estate have mutually executed a listing or buyers agreement, Jimmy Dorsey Real Estate does not have any contractual or other obligations or duties to you except as specifically set forth in these Terms of Use. Real Estate Services to Home Sellers.

  • When you purchase an app subscription called a Migration Contract to have Jimmy Dorsey Real Estate represent you as your Real Estate Professional you are accepting the obligation of adhering to the RMLS™rules and regulations as follows:

  • i. Listings posted to the MLS are considered "Exclusive Right to Sell Representation" listings and not a "Limited Representation”

  • ii. You are of legal age and are otherwise capable of a legally binding contract. You are the owner(s) of the listed property, as recorded with the appropriate property tax records, and you have the legal right to sell the property or a qualified buyer.

  • iii. The property or person is not currently not listed with another licensed Realtor

  • iv. The information provided is accurate, current and truthful

  • v. You will comply with the local county, state, and federal fair housing laws governing the marketing and sale of real property and fair housing laws

  • vi. You will provide complete and accurate information about the property disclose all, if any, material facts that could affect the value of the property

  • vii. You will help us coordinate all aspects of the house selling process negotiations, home inspection access, appraisal access, opening escrow up to and including closing; which is the same level of cooperation as all MLS listed houses.

  • viii. You agree to work fairly and honestly with cooperating brokers of the MLS, allowing them to show the property within a reasonable time frame and agree to pay the offered commission if there is a commission, should they provide a buyer; If you are not current with your Real Estate Services monthly fee and you close a home on subscription with Jimmy Dorsey Real Estate you WILL have to pay the full commission as per the listing agreement. If you are current with your Real Estate Services monthly fee, did not miss a payment during the listing term and never changed the listing contract to include a buyers agent commission “BAC” within the listing contract then you do not have to pay a commission at closing.

  • x. You will carefully review proofread the MLS listing sheet as soon as you receive it and notify your Jimmy Dorsey Real Estate broker if any corrections are needed. If we do not receive a completed correctionrequest form we will assume the MLS listing is correct and acceptable.

  • xi. You will follow our "change request" process. If you need to make a change to your MLS listing you will complete and submit our online "Change Request Form". Your change request is typically processed within one business day. You will receive a confirmation email once the change or changes have been made. If you do not receive the email confirmation within one business day you should assume the change was not made and contact our office to determine if the Change Request Form was received during business hours to bring this to our attention. Jimmy Dorsey Real Estate or our affiliated companies will not be held responsible for any changes not made or received.

  • xii. You will hold us harmless from any litigation or legal proceedings that arise from listing your real estate for sale on the MLS or real estate transaction that results from listing your real estate on the MLS. You will hold us harmless for any errors or inaccurate information posted in the MLS listing that is not the result of any error on our part.

  • xiii. Each subscription is good for only one residential sell side (house listing) at a time. Multiple users can be on one subscription. Commercial or multifamily properties of more than two units do not qualify for $0 at closing. Builders cannot use the subscription service.

  • xiv. You agree to enter into an Exclusive Buyers Representation Buyer Service Agreement for a six month term at the time of listing whichever is first, renewable upon each extension of the listing contract. See 3. below Real Estate Services to Buyers.

  • xv. All subscribers are agreeing to a six month contract. Your subscription monthly fee is not based upon the listing agreement but on the buyer representation agreement and will be active until keys are delivered on your purchase. A referral will be made for you to use a broker within the referral network of Jimmy Dorsey Real Estate if you are moving out of state. If you do not purchase a house, your subscription obligation is a six month buyers representation contract which can be renewed for another six months at the end of the buyer representation term.

    Real Estate Services to Buyers When you purchase an app subscription to purchase a home through Jimmy Dorsey Real Estate:

  • i. You agree to enter into an Exclusive Buyer Representation Agreement for a six month term.

  • ii. You are of legal age and are otherwise capable of a legally binding contract. You are pre-approved by a qualified lender or mortgage broker to make offers on property, and a pre-approval letter is required to be on file before Jimmy Dorsey Real Estate is under obligation to show any properties. You will update the preapproval letter as necessary.

  • iii. Jimmy Dorsey Real Estate offers a $0 fee at closing to subscription sellers for subscription buyer offers represented by Jimmy Dorsey Real Estate only if the real estate services monthly service fee is current within 24 hours of recording as stated in the Buyers Service Contract and/or Listing agreement. If you are current with your Real Estate Services monthly fee and did not miss a payment during the closing process and you are purchasing a home from a seller represented by Jimmy Dorsey Real Estate you do not have to pay a fee at closing.

  • iv. If your subscription is not current within 24 hours of the scheduled closing when purchasing a 0% Subscription “Migrate by JDRE” listed home you will have to pay the Buyers Agent Commission, commonly referred to as “BAC” at 2.5% per the buyer broker agreement

  • v. If you purchase a home from another company or for sale by owner where a BAC Buyers agent commission of at least 2.5% is not obtained by the cooperating broker. You will have to pay the buyers agent commission per the buyer broker agreement. Jimmy Dorsey Real Estate will be transparent as to all commissions that are being made by buyers agent.

  • vi. There is no refund of monthly service fee if you purchase a home represented by another company that pays a buyers agent commission to Jimmy Dorsey Real Estate. Real Estate service fees paid in advance are not reduced by the commission that is paid to Jimmy Dorsey Real Estate.

  • vii. You will help coordinate assist in all aspects of the house selling process, such as negotiations, home inspections, opening escrow up, to and including closing; Viii. You cannot make up for missed payments. Make sure your credit card is up to date and contact JDRE within 24 hours if you have a card issue.

    Further, Jimmy Dorsey Real Estate does not:

    • Advocate for any User with respect to a transaction (except to the extent as may be set forth in a listing or buyer service agreement to which Jimmy Dorsey Real Estate is specifically named as a contracting party);

    • Aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans; take applications for credit or issue pre-approval letters, Good Faith Loan Estimates, or any other mortgage related service or product; endorse or recommend the products of any particular lender; hold any earnest monies or other funds on behalf of Users in connection with the purchase and sale of real property.

    Nothing contained in the Services is an offer to lend or a commitment for a loan, and Jimmy Dorsey Real Estate does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. Jimmy Dorsey Real Estate is not an agent of any Lender. Where Jimmy Dorsey Real Estate is not serving as your broker, meaning that you have entered into a listing or buyer service agreement with a third- party broker and not Jimmy Dorsey Real Estate, Jimmy Dorsey Real Estate may be entitled to receive a referral fee from the seller’s broker pursuant to a written and executed agreement between Jimmy Dorsey Real Estate and such broker upon the sale of a property that is, or in some cases was, available for purchase on the App.

  • xvi.In addition, you understand and agree that the information provided on this App is advertising only and in no way constitutes an offer for the sale of real estate. To this end, and to the extent permitted by applicable law, Jimmy Dorsey Real Estate will not be responsible for errors found anywhere on the App, including but not limited to, pricing errors or any other incorrect statement that is not the result of any error on our part.

    Brokers within the Migrate Network provide professional real estate services, as defined by Oregon real licensing laws. Once a subscription is purchased and a credit card is processed all sales are final immediately and payments are non-refundable. Please make sure you definitely want to use our services prior to purchasing. If you are unsure for any reason we recommend contacting us prior to purchasing our services to get all your questions answered to make sure you feel comfortable with moving forward.

    We do not refund purchases for any reason or any time period. There is no further requirement to personally sign any contract or submit any forms to make this agreement binding or final. Credit card purchases are guaranteed by the purchaser and no attempt shall be made to cancel payment by any means.

    Migrate Network Brokers do not guarantee that the property will sell, sell within a certain time frame or at a specific price. In addition, you have the opportunity to purchase additional services at additional fees. Each transaction will comply with these terms and conditions. In the event that you decide to enter into a commission based listing agreement with your assigned Real Estate Broker by not paying the monthly prepaid service fee you agree to pay an additional Listing or Purchasing Commission at the time of closing of the property, however, when entering into an Exclusive Listing agreement or Buyer Broker Agreement, the broker still cannot guarantee the sale, price, or time frame.

    The assigned Real Estate Broker has obligations as a subscriber to the local multiple listings service. Should they require additional information from you, or due to the rules and regulations, should they need to add, change or delete certain aspects of the listing, you agree to cooperate fully with the Broker to bring us up to compliance.

    You understand that the listing information is disseminated to numerous search engines on the world wide web and that MigrateApp.org, ‘Migrate®’ APP nor the assigned Real Estate Broker, cannot guarantee all content to come across, except for the specific items outlined in our plans. Should any of these vendors change their terms of use, Jimmy Dorsey Real Estate will not be held liable or responsible for these changes. Real Estate sign and sign post installations will be delivered and installed from by an outside vendor. Please allow up to 14 business days for the installation and removal of signposts. You understand that some ancillary or purchased separately services (i.e. virtual tours, professional photography packages etc.) are provided by outside vendors and can take up to 14 business days to complete the order.

    You understand that services such as Realtor.com and the National Listing Service which includes syndicated websites (i.e. Trulia and Zillow etc.) can take up to two weeks to fully Populate. We do not guarantee any third party listings on syndicated sites other than the local MLS.

    You understand that you must complete the required MLS listing forms and disclosures for your home before your listing can be input into the MLS. When you purchase our real estate services subscription our agents will contact you within 48 hours to meet with you at your property. It is your responsibility to follow all the listing instructions to ensure your listing is processed timely and correctly.

    You understand that after your listing has been input into the MLS we will e-mail you a copy of your listing contract to proofread. It is your responsibility to notify us of any errors you identify on the contract at this time, so we can make the necessary corrections. If we do not hear from you, we will not make changes as we will assume everything is correct and is acceptable to you.

    Jimmy Dorsey Real Estate will not be held liable or responsible for errors that might be posted on the MLS or other websites.

    You understand that if you need to make a change to your MLS listing or submit new pictures you will need to complete our "Change Request Form" online or in the app. Your change request is typically processed within one business day. You will receive a confirmation email once the change or changes have been made. If you do not receive the email confirmation within one business day to determine if the Change Request Form was received you should assume the change was not made and contact our office during business hours to bring this to our attention. Jimmy Dorsey Real Estate will not be held responsible for any changes not made or received. Jimmy Dorsey Real Estate may have an advertising relationship with some or all of the service providers on this app and affiliated websites.

    MLS Listing Service Information: This Multiple Listing Service, or the MLS as it is also referred to as - is the way that real estate brokers share information about listed properties for sale with each other. They offer brokers agents with buyers (“buyers brokers” or “co-oping brokers” ) a cooperating commission. This offer of compensation a cooperating commission is binding on listing and buyer brokers - thus ensuring that the agent bringing the buyer gets their offered fair compensation.

    The MLS itself is essentially a private database accessible ONLY by the member REALTORS®. The MLS listing is actually a property of the agent who lists it (MLS Listing Agent). The public has no access to the official MLS System and cannot see the official version of the MLS listings. However, many MLS Associations have public web sites where the public can view parts of the information contained in the official MLS listing. But only the member brokers can view ALL the information in the MLS listings, the public only gets to view the limited information which the particular MLS decides to display to them.

    None of the Public MLS Listing websites allow the owner's name or contact information to be displayed to the public - since they do NOT want buyers calling owners directly. They want buyers calling their member Realtors. Likewise, in addition to deciding what information is displayed to the public, the MLS also decides if they want to display any information about their listings to the public and which listings to show information about. Many MLS associations do NOT operate a public website at all, but the member Realtors in those areas still have access to the listings using their private computer network, there is just not a public website to display their MLS listing. Accessing the App and Account Security

    We reserve the right to withdraw, limit or amend the Services, including without limitation any documents made available to Users, and to restrict, remove or alter access to the App in our sole discretion without notice. WE WILL NOT BE LIABLE IF FOR ANY REASON THE APP AND/OR ALL OR ANY PART OF THE SERVICE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. From time to time, we may restrict or limit access to all or some parts of the Service to Users, including Registered Users.

    You are responsible for:

    Making all arrangements necessary for you to have access to the Service.

    Ensuring that all persons who access the App or use the Service through your mobile device or your account are aware of these Terms of Use and comply with them.