Terms and Conditions for Realtors / Listing Agents

Last updated: 2026 April

These Terms and Conditions for Realtors / Listing Agents (“Terms”) govern access to and use of Mad Presales (the “Platform”) by licensed real estate professionals. By creating an account, clicking “I Agree”, accessing the Platform, submitting listing information, or otherwise using the Platform, you agree to be bound by these Terms.

If you do not agree, do not use the Platform.

1. Definitions

For the purposes of these Terms:

  • Platform means Mad Presales operated by Sutton Group 1st West Realty – Oakridge Real Estate Group, a licensed real estate brokerage in British Columbia.

  • Agent means the licensed real estate professional, representative, associate broker, managing broker, brokerage, or team member using the Platform.

  • Assignment Listing means any pre-sale assignment opportunity, related listing information, or assignment-related opportunity submitted to or marketed through the Platform.

  • Seller means the assignor, owner, or client on whose behalf the Assignment Listing is submitted.

  • Qualified Buyer means a buyer approved by the Platform under its internal access and screening process.

  • Platform Agent means a designated agent associated with the Platform who communicates with and/or represents buyers introduced through the Platform.

2. Eligibility

To use the Platform as an Agent, you represent and warrant that:

  • you are currently licensed and in good standing under applicable laws and regulatory requirements in British Columbia;

  • you are authorized by your brokerage, if required, to use the Platform;

  • you will comply with all applicable laws, rules, bylaws, codes of ethics, and professional obligations, including those of BCFSA, RESA, your local real estate board, and your brokerage;

  • all information you provide to the Platform is accurate and complete.

The Platform may request proof of licensing, brokerage affiliation, or identity at any time.

3. Nature of the Platform

3.1 The Platform is a restricted marketing and lead-routing channel for assignment opportunities.

3.2 The Platform is not an MLS and is not represented as a substitute for MLS exposure or board-regulated listing distribution.

3.3 The Platform may display the existence of projects or assignment opportunities publicly, but detailed listing information is restricted.

3.4 The Platform may introduce Assignment Listings to Qualified Buyers through Platform Agents.

4. Agent Authority and Seller Authorization

By submitting any Assignment Listing to the Platform, you represent and warrant that:

  • you have lawful authority to market the listing;

  • you have a valid written agreement, direction, or authorization from the Seller permitting you to share the listing information with the Platform;

  • you have informed the Seller that the Platform is a private / exclusive marketing channel with limited exposure relative to broader public marketing options;

  • where required, you have obtained the Seller’s written consent to market through a private or exclusive channel.

You agree to maintain such authority and documentation and to provide confirmation of the same upon request.

5. Developer Consent and Assignment Restrictions

You acknowledge and agree that:

  • assignment opportunities are subject to the terms of the original contract and any applicable developer rules;

  • you are solely responsible for confirming whether assignment is permitted, whether developer consent is required, and what conditions, fees, forms, timing restrictions, or limitations apply;

  • you will not submit or market an Assignment Listing as available unless it is accurately described, including any requirement for prior developer approval or consent;

  • the Platform is entitled to rely on the information you provide regarding assignment eligibility and restrictions.

6. Compliance with MLS, Board, and Regulatory Rules

You are solely responsible for ensuring that your submission and use of the Platform complies with:

  • MLS rules and policies;

  • local board or association rules;

  • BCFSA and RESA requirements;

  • disclosure requirements relating to representation, remuneration, and trading services;

  • any seller direction, exclusion forms, or waiver documents required by your board, brokerage, or regulator.

The Platform does not advise you on whether a listing may or may not be withheld from MLS or otherwise marketed privately. You remain fully responsible for your own compliance decisions.

7. Accuracy of Listing Information

You are solely responsible for the accuracy, completeness, and currency of all information you submit, including without limitation:

  • project name and address;

  • unit number, floor, size, and exposure;

  • original purchase price;

  • deposit amounts paid and reimbursement requirements;

  • assignment fee or pricing sought;

  • completion and occupancy timelines;

  • parking, storage, rental, or usage restrictions;

  • developer assignment fees and procedures;

  • any material facts or risks that should be disclosed.

You agree to promptly update the Platform if any information changes or becomes inaccurate.

8. No Misleading or Unauthorized Marketing

You must not submit or authorize the publication of any information that is:

  • false, misleading, incomplete, or deceptive;

  • inconsistent with the underlying contract or developer policy;

  • in breach of confidentiality obligations;

  • prohibited by developer contract terms, regulatory requirements, or applicable law.

You must not use the Platform to make performance claims, investment guarantees, tax guarantees, or guaranteed approval statements unless legally permitted and fully substantiated.

9. Platform Buyer Model

You acknowledge that:

  • the Platform generally works with unrepresented buyers;

  • buyers introduced through the Platform may be routed to a Platform Agent;

  • the Platform may require buyers to work through a Platform Agent in order to obtain further listing information, arrange viewings, receive trading services, or proceed with a transaction;

  • you agree to cooperate reasonably with the Platform and its Platform Agents in relation to buyer inquiries introduced through the Platform.

10. Confidentiality

10.1 All non-public information relating to the Platform, its buyers, its systems, its processes, and its listing compilation methods is confidential.

10.2 You agree not to:

  • copy, scrape, export, or reproduce Platform data except as required for a specific permitted transaction;

  • disclose Platform buyer information to third parties except as required to facilitate a transaction and in compliance with law;

  • share login credentials or permit unauthorized access;

  • use Platform information to create, support, or compete with a similar service.

10.3 You must keep confidential all buyer identities, buyer records, internal communications, and platform processes unless disclosure is legally required.

11. Non-Circumvention

You agree not to directly or indirectly circumvent the Platform in connection with any buyer or opportunity introduced through the Platform.

Without limiting the generality of the foregoing, you must not:

  • bypass the Platform to deal directly with a buyer first introduced by the Platform;

  • structure a transaction to avoid agreed compensation, referral arrangements, or Platform involvement;

  • redirect Platform-generated buyers to another channel for the purpose of avoiding the Platform.

This obligation survives termination of your use of the Platform and continues for 180 days after your last interaction with the relevant buyer or listing through the Platform, unless otherwise agreed in writing.

12. Compensation and Referral Arrangements

Any commission-sharing, referral fee, marketing fee, or other compensation arrangement between you, your brokerage, the Platform, or any Platform Agent must comply with applicable law and regulatory rules.

Unless separately agreed in writing:

  • nothing in these Terms guarantees you any referral, fee, or compensation;

  • nothing in these Terms obligates the Platform to submit a buyer to you or to market any particular listing;

  • compensation terms, if any, may be governed by separate written agreements or transaction-specific confirmations.

13. Platform Rights

The Platform may, in its sole discretion:

  • approve, reject, edit, suspend, remove, or refuse any listing submission;

  • verify submitted information;

  • request supporting documentation;

  • restrict access to certain users or listings;

  • suspend or terminate any Agent account.

The Platform is under no obligation to publish or continue displaying any listing.

14. No Guarantee

The Platform does not guarantee:

  • listing exposure,

  • buyer introductions,

  • transaction completion,

  • developer consent,

  • pricing outcomes,

  • legal or regulatory compliance by any participant,

  • or the accuracy of third-party information.

Use of the Platform is at your own professional risk and judgment.

15. Privacy and Personal Information

You agree that the Platform may collect, use, store, and disclose personal information in accordance with its Privacy Policy and applicable law, including PIPA (BC).

You must only provide personal information to the Platform where you have legal authority or consent to do so.

16. Audit and Supporting Documents

Upon reasonable request, you agree to provide supporting documentation sufficient for the Platform to confirm:

  • your licensing status;

  • brokerage affiliation;

  • seller authorization;

  • assignment eligibility;

  • developer consent requirements;

  • and compliance-related confirmations relevant to the listing.

The Platform may rely on your confirmations unless it has reason to believe they are inaccurate.

17. Suspension and Termination

The Platform may suspend or terminate your access immediately if:

  • you breach these Terms;

  • you provide inaccurate or misleading information;

  • the Platform believes your conduct creates legal, regulatory, reputational, or operational risk;

  • your licensing status changes or is no longer in good standing.

Upon termination, your rights to use the Platform immediately cease. Sections relating to confidentiality, indemnity, non-circumvention, limitation of liability, and governing law survive termination.

18. Indemnity

You agree to indemnify, defend, and hold harmless the Platform, its brokerage, related companies, officers, directors, employees, contractors, and Platform Agents from and against any claims, losses, liabilities, fines, penalties, damages, expenses, and legal costs arising from or related to:

  • your breach of these Terms;

  • inaccurate or incomplete listing information submitted by you;

  • your failure to obtain seller authority or required consents;

  • your failure to comply with board, MLS, brokerage, or regulatory requirements;

  • your unlawful, misleading, or unauthorized marketing;

  • any dispute involving the Seller, buyer, developer, or your brokerage arising from your use of the Platform.

19. Limitation of Liability

To the maximum extent permitted by law:

  • the Platform is provided on an “as is” and “as available” basis;

  • the Platform disclaims all warranties except those that cannot legally be excluded;

  • the Platform will not be liable for any indirect, incidental, consequential, special, reputational, or economic losses;

  • the total aggregate liability of the Platform arising from or relating to these Terms or your use of the Platform shall not exceed CAD $100, unless otherwise required by law.

20. No Legal, Tax, or Brokerage Advice

The Platform does not provide legal, tax, accounting, or compliance advice through these Terms or by providing access to the Platform.

You are responsible for obtaining your own legal and professional advice and for complying with your duties as a licensed real estate professional.

21. Changes to These Terms

The Platform may update these Terms at any time by posting revised Terms on the website.

Your continued use of the Platform after the updated Terms are posted constitutes acceptance of the revised Terms.

22. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

Any dispute arising from or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts of British Columbia.

23. Electronic Acceptance

By clicking “I Agree”, creating an account, or using the Platform, you:

  • confirm that you are a licensed real estate professional authorized to use the Platform;

  • agree to these Terms;

  • consent to electronic contracting and recordkeeping;

  • acknowledge that this electronic acceptance is legally binding.