Terms of Service

Important: These Terms of Service are provided for informational purposes and do not constitute legal advice. We recommend that you consult with a qualified lawyer before entering into any real estate transaction or agreement.

1. Agreement to Terms

By accessing or using the FlatKey Realty Ltd. (“FlatKey”, “we”, “us”, “our”) website and services at flatkey.ca, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use our website or services.

We may update these Terms from time to time. The current version and its update date will be posted on this page. Continued use of the website after changes are posted constitutes acceptance of the revised Terms.

2. Description of Services

FlatKey Realty Ltd. provides full-service real estate brokerage services. Our services include:

• Listing services for sellers, including MLS listing, professional photography, video tours, 3D virtual tours, and marketing
• Buyer representation services, including property search assistance, offer preparation, and negotiation
• Transaction management, including document preparation, deadline tracking, and conveyancing coordination
• Document handling, including electronic form filling, e-signature facilitation, and secure document storage
• Market analysis tools, including comparative market analysis (CMA) and property valuation data

Our platform enables clients to manage their real estate transactions with the support and oversight of a licensed Managing Broker, while maintaining greater control over the process compared to a percentage-based commission model.

3. Website Access and Secure Links

FlatKey does not currently offer public website accounts. Certain transaction features may be provided through private, time-limited links sent directly to a client. If you receive such a link, you agree to:

• provide accurate and complete information;
• keep the link confidential and not forward it to another person;
• notify us promptly if the link is lost, misdirected, or accessed without authorization; and
• use the link only for its intended transaction purpose.

We may revoke or replace a secure link if it has expired, may have been compromised, or is being used contrary to these Terms.

4. Real Estate Services

FlatKey Realty Ltd. is a licensed real estate brokerage regulated by the BC Financial Services Authority (BCFSA) under the Real Estate Services Act (RESA) of British Columbia.

Tom Majek Personal Real Estate Corporation, Managing Broker, oversees real estate transactions conducted through the platform in accordance with RESA, the Real Estate Services Regulation, and the Real Estate Services Rules. FlatKey and its licensees are required to meet applicable duties, disclosure requirements, and client-protection obligations.

By using our real estate services, you acknowledge that:

• All real estate transactions are subject to applicable British Columbia laws and regulations
• FlatKey provides professional REALTOR® representation under the direct oversight of your Managing Broker throughout your transaction
• Separate service agreements (such as a Multiple Listing Contract or Buyer Agency Agreement) will govern specific real estate transactions
• We are required to comply with FINTRAC anti-money laundering regulations, including identity verification

5. Fees and Payment

Seller Services

FlatKey's standard listing fee is $14,995 + GST ($15,744.75 total) for eligible seller listing services. This fee is payable at closing — there is no upfront listing fee. Any remuneration the seller elects to offer a buyer's brokerage is separate and is recorded in the signed listing agreement. The listing fee includes professional photography, professional video tour, 3D Matterport virtual tour with floor plan, professionally hosted open house, professional electronic lockbox, lawn sign installation, $100 of paid targeted social media advertising, CMA pricing strategy, MLS listing, and licensed Managing Broker representation including listing review, expert negotiation, contract and document review, and BCFSA compliance.

Buyer Services

Under FlatKey's standard written buyer-rebate terms, FlatKey charges no upfront fee and no flat fee for buyer representation. An eligible buyer receives a rebate equal to 33% of the gross pre-GST co-operating commission FlatKey actually receives and clears after completion. The amount varies by transaction. Eligibility, timing, disclosure, adjustment, repayment and other conditions are governed by the written statement and any signed service agreement. See the buyer rebate terms.

Additional Costs

Real estate transactions involve additional costs beyond FlatKey’s fees, including but not limited to: legal fees, property transfer tax, home inspections, appraisals, title insurance, and GST on new construction. These third-party costs are your responsibility and are not included in FlatKey’s fees.

6. Trust Accounts and Deposits

All deposits and trust funds received in connection with real estate transactions are held in trust accounts maintained in accordance with Real Estate Services Act s.27 and the regulations thereunder. Interest earned on trust accounts is remitted to the Real Estate Foundation of British Columbia as required by law.

We maintain proper accounting of all trust funds and comply with all BCFSA trust account requirements, including regular reconciliation and reporting.

7. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. Using the website acknowledges that notice; it is not blanket consent to collect, use, disclose, retain, or market with personal information. Where consent is required, we obtain it for the identified purpose in accordance with applicable law.

We comply with British Columbia’s Personal Information Protection Act (PIPA) and all applicable privacy legislation. Our Managing Broker serves as our Privacy Officer.

8. Electronic Signatures

Our platform facilitates the use of electronic signatures for real estate documents. By using our e-signature features, you agree that:

• Electronic signatures are legally binding under the Electronic Transactions Act (SBC 2001, c.10) of British Columbia
• Your electronic signature on a document has the same legal effect as a handwritten signature
• You consent to conducting transactions and signing documents electronically
• You are responsible for reviewing all documents carefully before applying your electronic signature
• You may request paper copies of any documents you sign electronically

9. Limitation of Liability

To the maximum extent permitted by applicable law, FlatKey Realty Ltd., its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or in connection with your use of our platform or services.

Our total aggregate liability for any claims arising under these Terms shall not exceed the total fees paid by you to FlatKey in the twelve (12) months preceding the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or obligations arising under the Real Estate Services Act.

10. Disclaimer

While we strive to provide accurate and up-to-date information, the platform and services are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that:

• The platform will be uninterrupted, secure, or error-free
• Property data, market analysis, or valuation estimates will be accurate or complete
• Any particular outcome will result from a real estate transaction

Market analysis tools and property valuations provided through the platform are estimates only and should not be relied upon as appraisals or guaranteed values.

11. Trademarks and MLS® Listing Data

REALTOR®, REALTORS®, and the REALTOR® logo are trademarks controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. MLS®, Multiple Listing Service®, and the associated logos are trademarks owned by CREA and identify the quality of services provided by its members. REALTOR.ca is operated by CREA.

Property listings and related content displayed on our website are provided under licence through the Multiple Listing Service® systems of Greater Vancouver REALTORS® (GVR) and other participating real estate boards, and through CREA’s Data Distribution Facility (DDF®). This content is provided for your personal, non-commercial use to identify properties you may wish to purchase. You may not copy, reproduce, redistribute, scrape, harvest, republish, or otherwise use this listing data for any commercial purpose. Listing information is deemed reliable but is not guaranteed accurate by FlatKey, CREA, GVR, or their members, and should be independently verified.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of British Columbia, sitting in Vancouver.

Nothing in this section limits your right to file a complaint with the BC Financial Services Authority (BCFSA) or the Office of the Information and Privacy Commissioner for British Columbia (OIPC).

13. Contact Information

If you have any questions about these Terms of Service, please contact us:

FlatKey Realty Ltd.
Vancouver, British Columbia, Canada
Email: tom@flatkey.ca
Phone: 778-984-9079
Managing Broker: Tom Majek