RealChek Membership Agreement
1. Member shall pay a non-refundable first year membership of $69.00 and an annual renewal fee of $45.00, which shall not increase provided that Member renews annually by paying the annual renewal fee within thirty (30) days of the invoice date. In addition, Member shall pay for all Reports, and other such requested services at the current rate which rate, after giving notice to the Member, RealChek has the right to change.
2. Member has the right to provide RealChek with accurate rental information on current and former tenants/residents which information will be added to RealChek's Computerized Tenant/Resident Records System. The information should be provided when legal proceedings have been commenced against a tenant/resident and/or when a tenant/resident moves/is moving and has caused problems because of non-payment of rent, damage to the rental unit, or other negative information, or if no negative information in available, member will provide the tenant's good rental information. RealChek will provide Member, free of charge, with the necessary forms to provide such information.
3. The parties agree that all rental information furnished shall be accurate and fair but neither party shall have guaranteed the accuracy of such rental information even though the same was obtained from sources considered to be reliable. However, RealChek has the absolute right to terminate this Agreement if Member knowingly and intentionally furnishes to RealChek inaccurate information on current or former tenant/residents.
4. The laws of the State of Michigan shall govern this Agreement.
5. Member agrees to comply with all Fair Housing laws and the Fair Credit Reporting Act including the specific requirements of the RealChek End-User Agreement, which Member agrees to, also sign.
6. RealChek reserves the right to suspend services to Member during such time that Member's account is past due for more than thirty (30) days. Further, a late fee of $39.00 a month will be added to all outstanding balances thirty (30) days past due.
7. RealChek will charge a $25.00 fee for all checks that are returned for non-payment as a result of non-sufficient funds, stoppayment, or account closed.
8. I authorize RealChek LLC to obtain my credit report for the purpose of verifying the above information and in further compliance with Federal Fair Credit Reporting Act.
RealChek ® End-User Agreement
1. RealChek LLC, as a reseller, has access to consumer reports from one or more consumer credit reporting agencies.
2. Member is in the rental housing business and has a permissible purpose for obtaining consumer reports, as defined by Section 604 of the Federal Fair Credit Reporting Act (15 USC 168 1b) as amended by the Consumer Credit Reporting Reform Act of 1996, hereinafter called 'FCRA.' The Member certifies their permissible purpose as:
a) in connection with screening a prospective tenant; or
b) in accordance with the written instructions from the consumer; or
c) for a legitimate business need in connection with a business transaction that is initiated by the consumer.
3. Member certifies that it will request consumer reports pursuant to procedures prescribed by Reseller from time to time only
for the permissible purpose certified above, and will use the reports obtained for no other purpose.
4. Member will maintain copies of all written authorizations for a minimum of three (5) years from the date of inquiry.
5. THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.
6. Member shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not to disclose it to any third parties; provided, however, that Member may, but is not required to, disclose the report to the subject of the report only in connection with an adverse action based on the report. Moreover, unless explicitly authorized in the Agreement or in a separate agreement, between Reseller and Member, for scores obtained from Trans Union LLC, or as explicitly otherwise authorized in advance and in writing by Trans Union LLC through Reseller, Member, shall not disclose to consumers or any third party, any nor all such scores provided under this Agreement, unless clearly required by law.
7. With just cause, such as delinquency or violation of the terms of this contract or a legal requirement, or a material change in existing legal requirements which adversely affects this Agreement, Reseller may, upon its election, discontinue serving the Member and cancel this Agreement immediately.