The following Service Terms (“Service Terms”) apply to all Services provided by Homie Technology, Inc., and its affiliated subsidiaries (“Homie”) and are hereby incorporated into Homie’s General Terms and Conditions (“T&Cs”):
Listing and Buyer Agreements. By using the Services, User is entering into a buyer/seller broker agreement with one or more of Homie’s licensed subsidiary real estate brokerages. User may be required to sign, on a state-by-state basis, either a Listing Agreement and Agency Disclosure (the “Listing Agreement”) or a Buyer Broker Agreement (the “Buyer Agreement”). Without signing a Listing Agreement, Homie will not assist User with the sale of User’s Property.
Limited Agency or Representation. User agrees that, if both User and the other party involved in the same real estate transaction are Homie customers, Homie may, at its discretion, or as otherwise permitted by law on a state-by-state basis, provide services to both parties involved in the transaction, and so long as both parties consent to such a dual agency and/or limited agency relationship. User further agrees that Homie has no liability to User or any third party in connection with the purchase or sale of User’s parcel of residential real estate (User’s “Property”).
User’s Responsibilities & Obligations. Homie provides communication tools that allow Users to schedule in-person tours of Properties advertised on Homie’s Platform. User may not submit false information, including fake or inauthentic tour requests, offers or inquiries, or produce inauthentic reviews, posts or other inaccurate content to the Platform and may not advertise properties that User does not own or manage, or properties that do not exist.
Homie employs licensed real estate agents that assist in real estate transactions. Such agents may provide drafting suggestions, explanations of typical outcomes, suggested process actions and digital signature capabilities in connection with User’s use of the Services. Nevertheless, User alone is responsible for all actions taken and all contracts transmitted in connection with the purchase or sale of User’s Property. User alone is responsible for reading and understanding documents related to User’s real estate transaction. If User does not understand any portion of the real estate transaction, User must reach out to Homie for clarification. Homie is acting as an agent for the User and cannot make any decisions for User without User’s consent. It is User’s responsibility to verify that all information contained in transaction documents is accurate and in User’s best interest before signing any contracts or completing any transactions. User agrees that all forms, purchase agreements, disclosure statements, and other documents transmitted by or through the Services are true and accurate and by signing any such documents, User expressly acknowledges and agrees that User alone is responsible for the content thereof. User is solely responsible for complying with the terms and conditions contained in any such contract, including meeting any deadlines, and User alone is responsible for the consequences of any breach or nonperformance under any such contracts. By physically or electronically signing any such documents produced or transmitted through the Services, User expressly represents and warrants that User has read and that User understood all provisions contained therein.
Payment Terms. User agrees to pay for all Services ordered through Homie’s Site, Platform, or third-party websites using the payment method indicated, and provides Homie express authorization to charge the applicable fees to User through the payment provider connected to such payment method at the time of purchase. User agrees to pay any attorney fees, court costs, or other costs incurred in collection of delinquent payment amounts. If payment is not current, or otherwise brought current, Homie may immediately cease to provide any and all paid Services and cancel any existing agency relationship, to include removing any published Property listings posted to the Platform or third-party websites. The fees charged do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Services. Homie is required to collect sales tax on purchases in select states.
Billing Issues. User must notify Homie about any billing problems or discrepancies within 90 days after charges first appear on User’s account statement. User agrees to waive User’s right to dispute any problems or charges if not brought to Homie’s attention within 90 days of the occurrence of such problems or charges.
Real Estate Data. All data, including all measurements and calculations of Property area, is obtained from various sources and has not been, and will not be, verified by Homie or the MLS. All information should be independently reviewed and verified by User for accuracy.
No Professional Advice. Homie provides software tools for home buyers and sellers that desire to buy or sell residential real estate. User understand and agrees that all Services are intended to simplify the home buying or selling process, but that the Services do not and cannot offer advice, direction, or definitive answers to questions that User may encounter during the home buying or home selling process. All information, data, statistics, comparable sales, home value reports, tips, and responses to frequently asked questions are provided for information purposes only and do not constitute advice or direction for User’s transaction.
Limitation of Liability. Notwithstanding limitations set forth in the T&Cs, by signing any documents produced or transmitted by or through the Services, User expressly releases Homie from any liability (i) in connection with the content, legality and enforceability of such documents, (ii) related to the subject matter thereof, or, (iii) arising out of the transactions contemplated therein. Homie expressly disclaims any liability for, and User further agrees to indemnify Homie in connection with, any dispute arising out of or related to User use of the Services and the content of, and User’s compliance or non-compliance with, any contract produced or transmitted by or through the Services. User further agrees to hold Homie harmless (i) from any damage or injury to life or property occurring in connection with User’s use of the Services as they relate to the scheduling and conducting of property tours (ii) in connection with Homie’s assistance in providing access to, and information about, User’s Property and (iii) from any liability resulting from the actions of Users or third parties resulting from or related to Homie’s communication, home tour and home access tools and Services.
Intellectual Property. In addition to the aforementioned T&Cs, User represents and warrants that (i) User owns or has the legal power to advertise the subject Property for sale; (ii) User owns or has the full right, power and authority to grant Homie the right to use and display all such Content; (iii) User’s license of such Content to Homie hereunder does not, and the use or license of such Content by Homie to third parties will not, infringe any right or interest owned or possessed by any third party; and (iv) User is not subject to any claims, settlements, judgments, or pending claims or litigation, relating to such Content.
Home Buyer Refund. Estimated Homie Buyer Refund (a/k/a Homie Buyer Rebate) amount is not guaranteed. Homie Buyer Refund amount may vary state-by-state according to purchase price, prevailing market conditions, regulatory restrictions, and other factors. Lender approval is required for commission refunds. In some circumstances, buyer’s lender may not allow buyer to receive a refund and Homie cannot guarantee that all lenders will allow 100% distribution of the Homie Buyer Refund—as a result, Homie strongly recommends that buyers discuss with their lenders, in advance, the anticipated receipt of the Homie Buyer Refund.
Service Cancellation. User may cancel the Services in accordance with, and as permitted by, any and all applicable agreements related to Services. Similarly, Homie may cancel any agreement with User related to the Services as permitted, and in accordance with, these Service Terms, the T&Cs, and/or any other applicable agreement.. If Homie cancels its Services with User for any reason, Homie will automatically remove all advertisements for the Property.
Homie Loans, LLC (“Homie Loans”), Investors Title Insurance Agency, Inc. d/b/a Homie Title (“Homie Title”), Daniel Eskelson Insurance Agency Inc. d/b/a Homie Insurance (“Homie Insurance”), and any of Homie Technology Inc.’s affiliated Real Estate Brokerages (Homie We’ve Got Your Back, LLC [Utah] and Homie LLC [Arizona], collectively “Homie”) have a business relationship in that all are owned by Homie Technology Inc., a Delaware Corporation, and that each may refer to you the services of another. Because of this relationship, the referral of a customer—including you—by any of these affiliated companies to another may provide Homie Technology Inc., Homie, Homie Loans, Homie Title, Homie Insurance, their affiliates, and/or their employees a financial or other benefit. You are NOT required to use either Homie Loans, Homie Title, Homie Insurance, or Homie. You may use them individually or together. By using Homie, Homie Loans, Homie Title, or Homie Insurance, you agree that your information may be shared between the two companies regarding the home buying or home selling transaction.
There are frequently other settlement service providers available with similar services. You are free to shop around to determine that you are receiving the best services and the best rate for these services.
Homie Loans™ launching in Las Vegas April 2020.
