Terms of service

To be drafted: That the site is operated by an agent licensed with HomeSmart, that HomeSmart is the broker of record, and what the site does and does not do on a user’s behalf.

To be drafted: Eligibility, accurate information, responsibility for credentials, and the grounds for suspending an account.

To be drafted: That MLS listings come from a third-party feed, are not guaranteed accurate or current, and should be independently verified; that listings may be removed at any time; and that nothing here is an offer or a representation about a property.

To be drafted: That submitting a property is a request, not a listing agreement; that ownership is verified before anything is published; that a separate written agreement governs the listing fee; and that properties listed here appear on this site rather than the MLS.

To be drafted: That generated images are illustrations, not representations of a property’s actual or achievable condition; that they must not be presented as photographs of a real property in any listing or advertisement; the rules on what may be uploaded and the rights granted over it; and the monthly allowance and how it may change.

To be drafted: No scraping, bulk copying or redistribution of listing data — this is a condition of the MLS feed, not just a preference. No misuse of the enquiry forms, no unlawful or discriminatory use of the service.

To be drafted: Ownership of site content, the licence granted over user submissions, and the DMCA notice-and-takedown procedure with the registered agent’s contact details. The MLS agreement requires a designated agent, so this section cannot be omitted.

To be drafted: Service provided as is; no warranty on listing accuracy, valuations or savings estimates; limitation of liability; indemnity. Counsel should set the limits.

To be drafted: Texas law, the venue for disputes, and whether arbitration applies.

To be drafted: How changes are notified and when they take effect.