TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
By engaging Discount Agent ("Company," "we," "us," or "our") for real estate services, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Discount Agent. If you do not agree to these Terms, you may not use our services.
Your use of our services, whether through direct contact, submission of information, or execution of a listing agreement, constitutes your acceptance of these Terms. These Terms apply to all users of our services, including without limitation sellers, prospective clients, and website visitors.
2. SERVICE DESCRIPTION
Discount Agent provides lower-cost, full-service real estate representation designed to save homeowners money on real estate transactions. Our services include:
Discount Listing Representation: We offer professional listing services at reduced commission rates compared to traditional real estate brokerages, while maintaining comprehensive representation throughout the transaction process.
Full-Service Seller Support: Our complete seller support includes property marketing, listing management, showing coordination, offer negotiation, transaction oversight, and guidance through closing. We provide the same level of service as traditional agents while reducing your costs.
Cost-Saving Transaction Strategy: We develop and implement strategies designed to minimize your expenses while maximizing the effectiveness of your property sale, including pricing analysis, marketing optimization, and negotiation tactics.
The Company reserves the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active clients. Services are provided subject to execution of a separate listing agreement, buyer representation agreement, or other applicable real estate contract, which will govern specific terms of the representation relationship.
3. USER OBLIGATIONS
As a client or prospective client of Discount Agent, you agree to:
Provide accurate, current, and complete information about yourself and your property during the engagement process and throughout our representation. You acknowledge that decisions and strategies will be based on information you provide.
Respond promptly to communications from our agents and staff regarding showings, offers, counteroffers, and other time-sensitive matters related to your transaction.
Grant reasonable access to your property for showings, inspections, appraisals, and other necessary activities related to the sale process, in accordance with the terms of any listing agreement.
Maintain your property in showing condition and comply with all disclosure requirements under applicable real estate laws and regulations.
Refrain from misusing our services, interfering with the proper operation of our business, or engaging in any conduct that could damage our reputation or business relationships.
Comply with all applicable federal, state, and local laws and regulations related to real estate transactions, including fair housing laws and disclosure requirements.
Pay all agreed-upon fees, commissions, and charges in accordance with the payment terms specified in your listing agreement or other service contract.
You acknowledge that failure to fulfill these obligations may impact our ability to effectively represent you and may constitute grounds for termination of our representation agreement in accordance with its terms.
4. APPOINTMENT SCHEDULING AND CANCELLATIONS
Initial consultations and appointments with Discount Agent may be scheduled through email contact at Emily.Morgan@discountagent.info or through other communication methods we may make available.
We will make reasonable efforts to accommodate your scheduling preferences and provide timely service. However, we cannot guarantee availability at specific times and may need to reschedule appointments due to conflicts, emergencies, or other professional obligations.
If you need to cancel or reschedule an appointment, we request that you provide at least 24 hours advance notice whenever possible. While we do not charge cancellation fees for consultation appointments, repeated cancellations without notice may result in limitations on future appointment availability.
For property showings, open houses, and other scheduled events after a listing agreement is executed, cancellation and rescheduling procedures will be governed by the terms of that agreement and professional standards applicable to active listings.
Time is often of the essence in real estate transactions. You agree to make yourself reasonably available for communications, appointments, and decision-making as necessary to effectively complete your transaction within required timeframes.
5. PAYMENT TERMS
Commission rates and fee structures for Discount Agent services will be specified in your listing agreement, buyer representation agreement, or other applicable service contract. Our reduced-rate commission structure is a key feature of our cost-saving approach.
Unless otherwise specified in your service agreement, commissions and fees are earned and become due at closing of the real estate transaction. Payment is typically made from closing proceeds in accordance with standard real estate settlement procedures.
If a transaction fails to close due to client default, withdrawal without justification, or other reasons specified in the applicable service agreement, you may be responsible for fees or charges as outlined in that agreement.
You are responsible for all costs and expenses related to your property and transaction that are not specifically assumed by Discount Agent in your service agreement, including but not limited to repairs, staging, professional photography beyond what we provide, title insurance, closing costs, and any other customary seller expenses.
Any disputes regarding commission or fees will be addressed in accordance with the dispute resolution provisions in your service agreement and these Terms.
6. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Discount Agent and its officers, employees, agents, and affiliated brokers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to our services, including but not limited to loss of profits, loss of data, loss of opportunity, or damages resulting from delays in selling your property.
Our total aggregate liability for any claims arising from or related to our services shall not exceed the amount of commission or fees actually paid to us by you for the specific transaction giving rise to the claim.
We are not liable for:
Actions or omissions of third parties, including but not limited to buyers, buyer agents, inspectors, appraisers, lenders, title companies, contractors, or other parties involved in your transaction.
Market conditions, property value fluctuations, or failure to sell your property at a desired price or within a desired timeframe.
Inaccuracies in information you provide or in public records, multiple listing service data, or other third-party information sources.
Damages resulting from your failure to follow our advice or recommendations, or from decisions you make regarding pricing, repairs, negotiations, or other transaction matters.
Technical difficulties, website outages, communication failures, or other technological issues beyond our reasonable control.
This limitation of liability reflects the allocation of risk between the parties and the reduced commission structure of our services. Some jurisdictions do not allow certain liability limitations, so some of these limitations may not apply to you to the extent prohibited by applicable law.
7. WARRANTY DISCLAIMERS
DISCOUNT AGENT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that:
Your property will sell within any specific timeframe or at any particular price.
Our services will be uninterrupted, timely, secure, or error-free.
Any information obtained through our services will be accurate or reliable.
Any defects in our service delivery will be corrected.
Real estate transactions involve numerous variables beyond our control, including market conditions, buyer preferences, financing availability, inspection results, and economic factors. While we will use our professional skill and judgment to represent your interests, we cannot guarantee specific outcomes.
We make no representations or warranties regarding the condition, value, marketability, or legal status of any property. You are responsible for conducting your own due diligence and obtaining professional inspections, appraisals, and legal advice as you deem appropriate.
No advice or information, whether oral or written, obtained from Discount Agent or through our services shall create any warranty not expressly stated in these Terms.
8. GOVERNING LAW
These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of the jurisdiction where the subject property is located, without regard to conflict of law principles.
Any legal action or proceeding arising under these Terms shall be brought exclusively in courts of competent jurisdiction in the location where the property is situated, and the parties hereby consent to the personal jurisdiction of such courts.
For matters not specific to a particular property, the laws of the jurisdiction where our business operations are principally conducted shall apply.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Nothing in these Terms shall be construed to limit or waive any rights or remedies available under applicable real estate licensing laws or consumer protection statutes.
9. CONTACT INFORMATION
For questions, concerns, or communications regarding these Terms of Service or our services, please contact:
Discount Agent
Email: Emily.Morgan@discountagent.info
For location-specific information, please contact us using the above email address.
We will make reasonable efforts to respond to inquiries within two business days. For urgent matters related to active transactions, please indicate the urgent nature of your communication in your subject line.
10. CHANGES TO TERMS
Discount Agent reserves the right to modify, amend, or update these Terms of Service at any time in our sole discretion. Changes will become effective immediately upon posting of revised Terms or upon notice to clients, whichever occurs first.
If we make material changes to these Terms, we will make reasonable efforts to notify active clients through email or other communication methods we have available. However, it is your responsibility to review these Terms periodically for changes.
Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to modified Terms, your sole remedy is to discontinue use of our services, subject to completion of any existing contractual obligations.
Changes to these Terms will not affect rights and obligations arising from transactions or agreements completed prior to the effective date of such changes unless otherwise required by law.
For clients with active listing agreements or other service contracts at the time of a Terms modification, the version of the Terms in effect at the time of contract execution shall govern that specific transaction unless both parties agree otherwise in writing.
ADDITIONAL PROVISIONS
Entire Agreement: These Terms, together with any listing agreement, buyer representation agreement, or other service contract you execute with Discount Agent, constitute the entire agreement between you and the Company regarding our services and supersede all prior understandings and agreements, whether written or oral.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Professional Standards: All services are provided in accordance with applicable real estate licensing laws, regulations, and professional standards. In the event of any conflict between these Terms and applicable real estate laws or regulations, such laws and regulations shall control.
Acknowledgment: By engaging our services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.