TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
By accessing or using the services provided by Flat Fee Agent ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Flat Fee Agent. If you do not agree to these Terms, you must not use our services.
By engaging our services, submitting information through our website, scheduling consultations, or executing any listing agreement with Flat Fee Agent, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions that may apply to specific services.
2. SERVICE DESCRIPTION
Flat Fee Agent provides fixed-price, transparent real estate services specifically designed for home sellers. Our services include, but are not limited to:
Flat Fee Listing Services: We offer multiple listing service (MLS) listing packages at transparent, flat-rate pricing. This includes listing your property on the MLS and syndication to major real estate websites. The specific features and exposure included in each package will be detailed in your service agreement.
Seller Support and Guidance: We provide professional guidance throughout the home selling process, including consultation on listing strategies, market positioning, and transaction coordination. The level and scope of support will depend on the specific service package selected.
Pricing and Net Proceeds Estimates: We provide comparative market analysis and net proceeds calculations to help you understand potential sale prices and estimate your financial outcomes after all costs and fees.
Our services are limited to those expressly described in your executed service agreement. We do not provide full-service traditional real estate brokerage representation unless specifically contracted. Additional services beyond the scope of your selected package may be available for additional fees.
3. USER OBLIGATIONS
As a client of Flat Fee Agent, you agree to:
Provide accurate, complete, and current information about yourself and your property, including all material facts that may affect the property's value or desirability.
Maintain the accuracy of all information provided and promptly update us of any changes to property condition, circumstances, or contact information.
Comply with all applicable federal, state, and local laws, regulations, and ordinances related to the sale of your property, including fair housing laws and disclosure requirements.
Respond to inquiries, showing requests, and offers in a timely and professional manner.
Provide reasonable access to the property for showings, inspections, and appraisals as necessary to facilitate the sale.
Make all required disclosures to potential buyers as mandated by law and refrain from making any misrepresentations about the property.
Pay all agreed-upon fees according to the payment terms specified in your service agreement.
Refrain from circumventing or attempting to circumvent our services by directly contacting or negotiating with buyers or buyer agents introduced through our listing without proper compensation as outlined in the service agreement.
Maintain appropriate insurance coverage on the property throughout the listing period.
4. APPOINTMENT SCHEDULING AND CANCELLATIONS
Initial consultations may be scheduled by contacting us at Logan.Mitchell@flatfeeagent.info or through other contact methods we make available.
We will make reasonable efforts to accommodate your scheduling preferences for consultations, property evaluations, and other appointments. However, specific appointment times are subject to availability and confirmation.
If you need to cancel or reschedule an appointment, we require at least 24 hours advance notice. Failure to provide adequate notice or repeated no-shows may result in cancellation fees or termination of services.
We reserve the right to cancel or reschedule appointments due to emergencies, scheduling conflicts, or other unforeseen circumstances. We will provide you with as much advance notice as reasonably possible.
Once a listing agreement has been executed, cancellation or withdrawal of your listing prior to the agreement's expiration may be subject to fees, conditions, and obligations as specified in the listing agreement and applicable state real estate law.
5. PAYMENT TERMS
All fees for Flat Fee Agent services are clearly disclosed prior to engagement and are payable according to the terms specified in your service agreement.
Our flat fee pricing structure is designed to provide transparency and predictability. The specific fees for your selected service package will be detailed in your written service agreement.
Payment may be required upfront, at closing, or according to another schedule as specified in your service agreement. Accepted payment methods will be communicated at the time of engagement.
If fees are due at closing, you authorize the closing agent or escrow company to disburse payment to Flat Fee Agent from the sale proceeds before disbursement to you.
If a transaction fails to close through no fault of Flat Fee Agent, fees may still be due depending on the terms of your service agreement and the circumstances of the failed transaction.
All fees are non-refundable once services have commenced, except as specifically provided in your service agreement or as required by law.
You are responsible for all costs and expenses related to the sale of your property, including but not limited to title fees, transfer taxes, recording fees, repairs, staging, photography (if not included in your package), and any other customary seller costs.
Failure to pay fees when due may result in suspension or termination of services, removal of your listing, and potential legal action to collect amounts owed, including reasonable attorney fees and collection costs.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Flat Fee Agent's total liability to you for any claims arising out of or related to our services shall not exceed the amount of fees you actually paid to us for the services giving rise to the claim.
We are not responsible for and expressly disclaim liability for:
Any acts or omissions of third parties, including but not limited to buyers, buyer agents, other brokers, inspectors, appraisers, lenders, closing agents, contractors, or other service providers.
The ultimate sale price achieved for your property or the failure to sell your property within any particular timeframe.
Any inaccuracies in information provided by you, public records, multiple listing services, or third-party data sources.
Technical difficulties, system outages, or failures of internet service, MLS systems, or other technology platforms beyond our reasonable control.
Any losses resulting from your failure to make required disclosures, misrepresentations about your property, or violations of applicable laws.
Market conditions, economic factors, or other circumstances beyond our control that may affect your property's marketability or sale price.
Any consequential, incidental, indirect, special, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
This limitation of liability applies regardless of the legal theory upon which a claim is based, whether contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
7. WARRANTY DISCLAIMERS
Flat Fee Agent provides services on an "as is" and "as available" basis without warranties of any kind, either express or implied.
We expressly disclaim all warranties, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any warranty that our services will result in the sale of your property, will achieve any particular sale price, or will sell within any specific timeframe.
Any warranty regarding the accuracy, completeness, or reliability of pricing estimates, comparative market analyses, or net proceeds calculations, which are estimates based on available information and market conditions and should not be considered guarantees.
Any warranty that our services will be uninterrupted, timely, secure, or error-free.
Any warranty regarding the quality, accuracy, or reliability of information obtained through our services, including MLS data, public records, or third-party sources.
We do not warrant or guarantee the performance, conduct, or representations of any third parties you may interact with through our services, including prospective buyers, other real estate professionals, or service providers.
Estimates, opinions, and advice we provide are based on our professional judgment and available information but should not be considered guarantees or predictions of actual outcomes. Real estate markets are inherently unpredictable, and actual results may differ materially from estimates.
You acknowledge that real estate transactions involve inherent risks and that you are encouraged to seek independent legal, tax, and financial advice regarding your transaction.
8. GOVERNING LAW
These Terms and any disputes arising out of or related to our services shall be governed by and construed in accordance with the laws of the jurisdiction in which the subject property is located, without regard to conflict of law principles.
Any legal action or proceeding arising out of or related to these Terms or our services must be brought exclusively in the courts having jurisdiction over the location where the property is situated, and you consent to the jurisdiction of such courts.
Both parties waive any objections to venue in such courts and any claim that such courts constitute an inconvenient forum.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with any executed service agreement, listing agreement, and other written agreements between you and Flat Fee Agent, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.
9. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms of Service or our services, please contact us:
Flat Fee Agent
Email: Logan.Mitchell@flatfeeagent.info
For location-specific information or to discuss services in your area, please contact us using the email address provided above.
All notices to Flat Fee Agent required under these Terms should be sent to the email address listed above or to any other address we may designate in writing.
We may communicate with you via email, phone, text message, or other electronic means using the contact information you provide. You agree to receive such communications and acknowledge that certain communications may contain important information regarding your listing and transaction.
It is your responsibility to maintain current contact information and to notify us promptly of any changes.
10. CHANGES TO TERMS
Flat Fee Agent reserves the right to modify, amend, or update these Terms at any time at our sole discretion. Changes may be made to reflect changes in our services, legal requirements, business practices, or for any other reason we deem appropriate.
When we make changes to these Terms, we will post the revised Terms on our website and update the effective date. Continued use of our services after changes become effective constitutes your acceptance of the modified Terms.
For clients with active service agreements at the time changes are made, the Terms in effect at the time your service agreement was executed will generally govern your engagement, unless the changes are required by law or we provide you with notice and an opportunity to accept or reject the modified Terms.
Material changes that significantly affect your rights or obligations may require your affirmative consent to continue using our services. We will make reasonable efforts to notify you of such material changes.
It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued engagement with Flat Fee Agent after any modifications indicates your acknowledgment and acceptance of the modified Terms.
We may also provide additional terms and conditions in connection with specific services, promotions, or features, which will be presented to you at the relevant time and will supplement these Terms.
If you do not agree to modified Terms, your sole remedy is to discontinue use of our services, subject to any obligations under existing service agreements.
These Terms represent the current agreement between you and Flat Fee Agent regarding your use of our services. By engaging our services, you acknowledge your understanding and acceptance of these Terms in their entirety.