SellFreeRealty.com Terms and Conditions of Use
1. The descriptions of the general options we offer for selling homes or land are posted on our Sell My Home page. We list and sell both homes and land, but we often use just the terms homes. So if you have land, we can help you too. You can call us to discuss the general terms of our services.
2. A licensed Real Estate Broker will contract directly with you to provide the "List FREE in MLS*" Service (see our Sell Home Free page for general details and conditions). This FREE listing service is subject to the execution of a written contract between the Owner of the Home or Land and said Licensed Broker (herein the Listing Contract). There is not any deal until such a written listing contract is signed. The terms of that Listing Contract are binding between the parties and shall control the transaction. Sell Free Realty, Inc. is not able to and does not offer legal advice, so if you need legal advice understanding that agreement, please seek assistance from a qualified attorney. Sell Free Realty, Inc is not providing you with any Legal advice or any Licensed Real Estate Assistance.
3. The Flat Fee MLS Listing Services are also provided by other Independent Licensed Real Estate Brokers, NOT Sell Free Realty, Inc., after you order here you will receive an email order confirmation with the Licensed Brokers contact information, please contact them directly for further service related to your MLS listing since they can provide professional advice. We will be happy to assist any user with a customer service issue, if you are for any reason not satisfied with the services of any Broker advertising here please contact us and we will be happy to assist you in resolving any issue. However, Sell Free Realty, Inc. is not affiliated with these Brokers and is not involved with them insofar as actually providing users the FLAT FEE listing services advertised here. We merely provide them advertising and order processing services. In that case, Sell Free Realty, Inc. is not providing or attempting to provide any real estate, appraisal, legal, or other professional services. Sell Free Realty, Inc. is engaged in providing real estate Advertising services only for homeowners and Real Estate Brokers offering those Flat Fee MLS listing services. If legal, appraisal, or real estate advice, or other professional services or assistance is required to assist any Sell Free Realty, Inc. user or advertiser in any way insofar as the FLAT FEE LISTING SERVICES are involved, you are hereby recommended to seek advice from a licensed professional with experience dealing with the nature of the matter you need assistance with.
4. Sell Free Realty, Inc. is publishing this site and it's advertising content without warranty of any kind whatsoever, and makes no representations whatsoever regarding the accuracy, completeness, or otherwise as to the content of the site and the advertisements. Sell Free Realty, Inc. publishes FREE FSBO ads without editing or review as to content accuracy or completeness and does not undertake to verify the accuracy nor completeness of the FREE FSBO ads. Sell Free Realty, Inc. publishes the Newsletters By Real Estate Professionals without editing as to content and does not undertake to verify the accuracy or completeness of their content. The content of this site and it's advertisements are published for use "as is". Sell Free Realty, Inc. hereby expressly disclaims any representation and all warranties of every kind and nature, INCLUDING without limitation ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, and every other kind now or hereafter imposed by any governmental authority. Sell Free Realty, Inc. hereby expressly warns all potential buyers to verify all property information and transaction details for yourself, Sell Free Realty, Inc. does not perform any verification of advertising content as to accuracy nor completeness. Likewise, Sell Free Realty, Inc. has not and does not undertake to verify the completeness nor accuracy of the content of any third party web site which is referenced on this site nor any third party content provided in this site nor any third party service advertised or sold on this site. All such references to third parties, their sites, their services, and this sites content provided by any third parties is for the users convenience and it is the users responsibility to evaluate the accuracy and completeness of such third party content/site/services or the qualities of those third-party services for themselves.
5. Neither Sell Free Realty, Inc. nor any of its officers, directors, employees or agents will be liable for damages (including without limitation actual, punitive, consequential, interest, attorney fees, or any other cost or damage assessed or assessable by any court or tribunal, herein referred to as "damages") arising out of or in connection with the use of this site or any third party site/content/service referenced herein. This is a complete limitation of liability that applies to all damages of any and every kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury, and claims of third parties. Users and advertisers HEREBY RELEASE AND DISCHARGE Sell Free Realty, Inc. and its officers, directors, employees and agents for any and all claims for damages pertaining to their use in any way of this site and/or any third party site/content/service referenced, advertised, or sold herein, EXPRESSLY INCLUDING WITHOUT LIMITATION ANY CLAIM OF NEGLIGENCE AGAINST Sell Free Realty, Inc. or any of its officers, directors, employees or agents. This agreement shall be governed by the laws of the State of Texas (without reference to its choice of law provisions) and Venue shall be in Harris County Texas in all circumstances. In the event that any provision herein shall be declared void or unenforceable than to the fullest extent possible the remaining terms shall continue to apply. THE PARTIES SPECIFICALLY AGREE THAT IN ANY AND ALL CIRCUMSTANCES THE MAXIMUM DAMAGES Sell Free Realty, Inc. or any of its officers, directors, employees or agents will be liable for SHALL BE THE TOTAL SUM ACTUALLY PAID TO Sell Free Realty, Inc. AND THIS LIQUIDATED DAMAGE CLAUSE IS INTENDED TO BE IN FULL FORCE AND EFFECT IN ALL CIRCUMSTANCES, THE CONSIDERATION FOR SUCH AGREEMENT BEING THE DISCOUNTING OF THE PRICE OF THE SERVICES TO START WITH.
6. Sell Free Realty, Inc. reserves the right, at its sole discretion, to modify the contents of this site at any time without notice. Price and availability of any or all of our services or products, including the publishing of this site in it's entirety are subject to change without notice. Prepaid advertising will be refunded pro-rata only in the event the entire publication of this web site ceases. Sell Free Realty, Inc.'s FREE distribution of it's ads to third-party sites is a FREE service which is provided on an as desired by Sell Free Realty, Inc. basis and at Sell Free Realty, Inc.'s sole discretion and is also subject to the terms of it's arrangements with such third parties and subject to the terms of service of said third parties. These distribution arrangements with third-parties may be changed or discontinued by Sell Free Realty, Inc. at any time and without notice to the advertisers. Signed Listing contracts shall however be subject to the terms stated in those listing agreements and may not be varied without mutual written consent.
7. Sell Free Realty, Inc. reserves the unilateral right to refuse to publish or to discontinue publishing any advertisement or listing in Sell Free Realty, Inc.'s sole discretion. Any prepaid ad or Flat Fee MLS listing which is refused publication or unilaterally cancelled by the Listing Broker after publication will be refunded pro-rata.
8. SellFreeRealty.com & Sell Free Realty are Trademarks of Sell Free Realty, Inc. All site design, text, graphics, the selection and arrangement thereof, and all software are Copyright 2002 - 2012, Sell Free Realty, Inc. and it's predecessor's, ALL RIGHTS RESERVED. All references herein to SellFreeRealty.com or Sell Free Realty, Inc. shall refer to Sell Free Realty, Inc. Permission is granted to use this site and it's contents for the sole purpose of pursuing the user's desire to purchase or sell real estate. Those users may copy only those portions of this site's advertisement content which is of assistance to said users for the sole purpose of pursuing their real estate transactions. Any other use of the information and material on this site, including without limitation, reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of Sell Free Realty, Inc. is strictly prohibited unless specifically requested by Sell Free Realty, Inc. Use of this site for the purpose of gathering information either for use of any kind or for republication (unless specifically requested by Sell Free Realty, Inc.) or SOLICITING the advertisers for commercial or other purposes is EXPRESSLY PROHIBITED. Sell Free Realty, Inc. reserves the right, and all users expressly consent to these procedures, to employ such procedures as Sell Free Realty, Inc. deems necessary in it's sole discretion to detect any unauthorized solicitation of advertisers or information gathering. In addition to and without limiting any other legal remedy available to Sell Free Realty, Inc. either at law or in equity, in relation to it's enforcing this non-solicitation/information gathering provision, it is expressly stipulated that all gross revenues along with all other commercial benefits accruing to any solicitor/information gatherer violating this restriction shall be the property of Sell Free Realty, Inc. Service and it shall be entitled to its Attorney fees and cost associated with any legal proceeding brought to collect said revenues or benefits in the event they are not remitted to Sell Free Realty, Inc. immediately upon receipt of same by any such violating solicitor/information gatherer. Sell Free Realty, Inc. expressly reserves the right, at it's sole discretion, to electronically block either the access to our sites or the use of any of the sites features by any specific user.
9. All Advertisers hereby grant Sell Free Realty, Inc. an Irrevocable but Non-Exclusive Copyright License covering the entire content of the Advertiser's advertisement and/or Listing Data, including but not limited to the electronic photo images. Sell Free Realty, Inc. in it's sole discretion and as it desires, may publish or cause to be published any such content in whole or in part, in any other Real Estate Advertising Web Site or Real Estate Advertising Print Publication. All Advertisers hereby undertake the sole obligation to timely modify their ad to indicate if the property has been sold or is no longer offered for sale. All Advertisers hereby warrant that the entire contents of their ad are true and correct to the best of their knowledge and belief and undertake to timely modify their ad to correct any errors or incorrect information that comes to the attention of the Advertiser. Each Advertiser hereby agrees to Indemnify and hold Sell Free Realty, Inc. totally harmless from any and all cost, risk, expense, or liability of any and every kind which may result from any incorrect or misleading information being included in the Advertisers FREE FSBO AD, MLS Listing of any kind, or the publication of the ad or MLS Listing itself.
10. Except as expressly set forth herein, no refunds shall be made. Realtor.com Advertising fees are fully non-refundable. Flat Fee MLS Listing Fees are fully non-refundable after the listing is input by the real estate agent. If termination of any Flat Fee MLS listing service is requested in writing before the listing is actually input by the real estate agent (no service is actually provided by the real estate agent) and an exception to this no-refund policy is requested, then such request shall be made in writing no later than 30 days after the date of the order and in such case an order modification fee of $149 shall be fully non-refundable in such case and a partial-refund of the actual Flat Listing Fee paid less said $149 non-refundable modification fee will be made. There is no refund on signs or products after they are shipped and there is a $49.50 shipping/handling/restocking fee for any shipment which is returned undelivered. The "List FREE in MLS*" Service is controlled by the terms of the listing contract and may not be cancelled except as specifically provided therein, by mutual agreement of the parties to said contract.
11. Your use of the Sell Free Realty, Inc. site or advertising therein shall constitute your acceptance of these terms and conditions. Sell Free Realty, Inc. may amend these terms and conditions by posting any change on this page, such changes shall of course be PROSPECTIVE applying to transactions occurring after the new policies have been published.
Sell Free Realty, Inc.