Terms of Service

Effective Date: January 1, 2026

last Updated: January 1, 2026

1. Acceptance of Terms

Welcome to SmarterSeller ("Company," "we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and SmarterSeller regarding your access to and use of our website [yourwebsite.com] (the "Site") and our real estate listing services (the "Services").

By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Site or Services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

2. Description of Services

SmarterSeller is a technology-enabled real estate brokerage that provides flat-fee listing services to homeowners who wish to sell their residential properties. Our Services include, but are not limited to:

Multiple Listing Service (MLS) listing placement
Professional photography and virtual tours (depending on service tier)
Marketing materials and promotional support
Transaction coordination and support
Showing coordination and scheduling
Offer management and review assistance
Contract and document management
Closing coordination

Service Tiers:

We offer multiple service tiers with varying levels of support and features:

Basic Tier
Standard Tier
Premium Tier

Specific features and pricing for each tier are outlined on our Site and in your service agreement.

Important Limitations:

We are a limited-service brokerage. Unlike traditional full-service agents, we do not provide in-person showing attendance, full negotiation representation, or certain other services unless specified in your selected service tier.
The seller is responsible for certain aspects of the sale process, including but not limited to property disclosure preparation, responding to showing requests, and certain communications with buyers and buyer's agents.
Our Services are intended for residential real estate transactions only. Commercial properties, land sales, and certain specialty properties may not be eligible.

3. Eligibility and Account Registration

Eligibility

To use our Services, you must:

Be at least 18 years of age
Have the legal capacity to enter into a binding contract
Be the legal owner of the property you wish to list, or have proper authorization from the owner
Provide accurate, current, and complete information during registration
Comply with all applicable local, state, and federal laws

Account Registration

To access certain features of our Services, you must create an account. When creating an account, you agree to:

Provide accurate, truthful, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

You may not:

Create an account using false or misleading information
Create multiple accounts for the same property
Allow others to use your account
Transfer or sell your account to another party

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or illegal activity.

4. Service Agreement and Listing Authorization

Listing Agreement

By engaging our Services to list your property, you will enter into a separate written Listing Agreement that outlines:

The specific service tier you have selected
The listing price and terms
The duration of the listing period (typically 90-180 days)
Commission structure for buyer's agent compensation
Your responsibilities as the seller
Our responsibilities as the listing brokerage
Termination conditions and notice requirements

The Listing Agreement is a separate legal contract and is incorporated by reference into these Terms. In the event of any conflict between these Terms and the Listing Agreement, the Listing Agreement shall control with respect to the specific listing services.

Seller Representations and Warranties

By listing your property with SmarterSeller, you represent and warrant that:

You are the legal owner of the property or have proper authorization to list it
The property information you provide is accurate and complete
You will comply with all applicable disclosure requirements under federal, state, and local law
The property is not subject to any undisclosed liens, encumbrances, or legal restrictions that would prevent its sale
You have the authority to enter into this agreement and the Listing Agreement
All photos, videos, and materials you provide do not infringe on any third-party intellectual property rights

Property Information and Disclosures

You are solely responsible for:

Providing accurate property information (square footage, lot size, features, condition, etc.)
Completing all required seller disclosures under applicable law
Disclosing all material defects or issues with the property
Ensuring compliance with fair housing laws
Obtaining necessary permits for any improvements or modifications

SmarterSeller is not responsible for verifying the accuracy of information you provide. However, we reserve the right to refuse to list or to remove listings that contain inaccurate, misleading, or fraudulent information.

5. Fees and Payment

Service Fees

The fees for our Services are clearly outlined on our Site and in your Listing Agreement. Fees vary based on the service tier selected.

Payment Terms:

Service fees are typically due at the time of engagement (before MLS listing activation)
Payment can be made via credit card, debit card, or ACH transfer through our secure payment processor
Some service tiers may offer alternative payment structures (e.g., payment at closing)
All fees are non-refundable except as specifically provided in your Listing Agreement or required by law

Buyer's Agent Commission

In addition to our flat fee for listing services, you will be responsible for paying a commission to the buyer's agent (if applicable) at closing. This commission is:

Typically 2-3% of the final sale price
Set by you as the seller in the Listing Agreement
Paid from the proceeds of the sale at closing
Separate from and in addition to our listing fee

Additional Fees

Additional fees may apply for:

Optional add-on services (extra photography, additional open houses, etc.)
Listing extensions beyond the initial term
Expedited processing or rush services
Changes or updates to the listing after activation
Cancellation fees (if applicable under the Listing Agreement)

All additional fees will be clearly communicated before being charged.

Refund Policy

Our service fees are generally non-refundable once services have been rendered (e.g., MLS listing activated, photography completed). However, we may provide partial or full refunds in the following circumstances:

We fail to activate your MLS listing within the promised timeframe due to our error
We materially breach our obligations under the Listing Agreement
As otherwise required by applicable law or regulation

Refund requests must be submitted in writing to support@smarterseller.com within 30 days of the issue.

6. User Responsibilities and Conduct

Prohibited Activities

When using our Site or Services, you agree NOT to:

Illegal Activities:

Violate any applicable local, state, federal, or international law
Engage in fraudulent, deceptive, or misleading practices
Use the Services to facilitate illegal transactions or money laundering
Discriminate in violation of fair housing laws

Misuse of Services:

Provide false, inaccurate, or misleading information about your property
Impersonate another person or entity
Interfere with or disrupt the operation of the Site or Services
Attempt to gain unauthorized access to our systems or other users' accounts
Use automated tools (bots, scrapers) to access the Site without permission

Intellectual Property Violations:

Upload photos, videos, or content you do not own or have permission to use
Infringe on copyrights, trademarks, or other intellectual property rights
Use our branding, logos, or content without written permission

Harmful Conduct:

Upload viruses, malware, or malicious code
Spam, harass, or abuse other users, agents, or our staff
Post defamatory, obscene, or offensive content
Engage in any conduct that could harm our reputation or business

Violation of these prohibitions may result in immediate termination of your account and Services, and may expose you to legal liability.

Property Showings and Access

If you have selected a service tier that includes showing coordination:

You are responsible for ensuring the property is accessible for showings
You must respond promptly to showing requests (within the timeframe specified in your Listing Agreement)
You must ensure the property is in showing-ready condition
You are responsible for securing valuables and pets during showings
You must comply with all showing instructions and safety protocols

Failure to provide reasonable access for showings may negatively impact the sale of your property and could constitute a breach of the Listing Agreement.

7. Intellectual Property Rights

Our Content

All content on the Site, including but not limited to text, graphics, logos, images, software, and design elements (collectively, "Our Content"), is the property of SmarterSeller or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, reproduce, distribute, or create derivative works from Our Content
Use our trademarks, logos, or branding without written permission
Remove or alter any copyright, trademark, or proprietary notices
Frame or mirror any portion of the Site without authorization

Your Content

When you provide content to us (photos, property descriptions, videos, etc.) ("Your Content"), you grant SmarterSeller a non-exclusive, worldwide, royalty-free, transferable license to:

Use, reproduce, modify, and display Your Content for the purpose of marketing your property
Distribute Your Content to MLS, syndication partners (Zillow, Realtor.com, etc.), and social media platforms
Create derivative works from Your Content (e.g., cropping photos, creating marketing materials)
Retain Your Content for our records and portfolio (with property addresses anonymized if listing does not close)

You represent and warrant that:

You own or have proper rights to all content you provide
Your Content does not infringe on any third-party rights
You have obtained necessary permissions (e.g., photographer releases, tenant consent)

Feedback and Suggestions

If you provide us with feedback, suggestions, or ideas about our Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution to you.

8. Third-Party Services and Links

MLS and Syndication Partners

Our Services include listing your property on MLS systems and syndicating your listing to third-party websites (Zillow, Realtor.com, Trulia, etc.). These third parties have their own terms of service and privacy policies, which we do not control.

We are not responsible for:

The accuracy or display of your listing on third-party sites
How third-party sites use your information
Delays or errors in syndication
The practices or content of third-party websites

Service Providers

We use third-party service providers for various aspects of our Services, including:

Photography and videography contractors
Payment processing
Cloud hosting and data storage
Customer support tools
Marketing and analytics platforms

These providers have access to your information only as necessary to perform their functions and are obligated to protect it.

External Links

Our Site may contain links to third-party websites for your convenience. We do not endorse or assume responsibility for the content, privacy practices, or terms of service of any third-party sites. You access external links at your own risk.

9. Disclaimers and Limitations of Liability

Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

"AS IS" Basis: Our Site and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

No Guarantee of Results: We do not guarantee that:

Your property will sell within any specific timeframe or at any particular price
The Services will be uninterrupted, secure, or error-free
Any defects or errors will be corrected
The Site or servers are free from viruses or harmful components
The results obtained from using the Services will be accurate or reliable

Real Estate Market: Real estate markets are subject to numerous factors beyond our control. We make no representations or warranties about market conditions, property values, or the likelihood of sale.

Information Accuracy: While we strive to provide accurate information, we do not warrant the accuracy, completeness, or timeliness of any information on the Site. You should independently verify all information.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

No Consequential Damages: In no event shall SmarterSeller, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Lost profits or revenue
Loss of data or information
Loss of business opportunity
Property damage
Personal injury (except as required by law)

This limitation applies whether the claim is based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Cap on Liability: Our total liability to you for all claims arising from or related to the Services shall not exceed the total amount of fees you paid to us in the 12 months preceding the claim, or $1,000, whichever is greater.

Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

These limitations do not affect any statutory rights that cannot be waived or limited by contract.

10. Indemnification

You agree to indemnify, defend, and hold harmless SmarterSeller, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees), arising from or related to:

Your breach of these Terms or the Listing Agreement
Your violation of any law, regulation, or third-party right
Your use or misuse of the Services
Any content or information you provide (including property information, photos, disclosures)
Any failure to disclose material defects or information about your property
Claims by buyers, buyer's agents, or third parties related to your property or the transaction
Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. Dispute Resolution

Governing Law

These Terms and any disputes arising from or related to the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@smarterseller.com to attempt to resolve the dispute informally. We will work in good faith to reach a mutually acceptable resolution within 30 days.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Mandatory Arbitration: Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the validity of this arbitration provision) shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration Process:

Arbitration will be conducted by a single neutral arbitrator
The arbitration will take place in [Your County, State] or remotely via video conference
Each party will bear its own costs and fees, except as otherwise required by law
The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction

Exceptions to Arbitration: The following disputes are NOT subject to arbitration:

Claims in small claims court (up to the jurisdictional limit)
Claims for injunctive or equitable relief to protect intellectual property rights
Any claim that cannot be arbitrated as a matter of law

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding. This means you cannot bring claims as a class member or seek relief on behalf of others.

Opt-Out Right: You have the right to opt out of this arbitration agreement by sending written notice to legal@smarterseller.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

12. Termination

Termination by You

You may terminate your use of the Services at any time by:

Closing your account through your account settings
Providing written notice to us at support@smarterseller.com

Termination of your account does not automatically terminate an active listing. To cancel an active listing, you must follow the cancellation procedures outlined in your Listing Agreement.

Termination by Us

We reserve the right to suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms or the Listing Agreement
Fraudulent, abusive, or illegal activity
Failure to pay fees when due
Providing false or misleading information
Engaging in conduct that harms our reputation or business
Inactivity for an extended period
At our discretion, for any reason or no reason

Effects of Termination

Upon termination:

Your right to access and use the Services will immediately cease
We may delete your account and any associated data (subject to legal retention requirements)
You remain liable for all fees and obligations incurred prior to termination
Active listings may be removed from MLS and syndication partners
Provisions that by their nature should survive termination will remain in effect (including Sections 7, 9, 10, 11, and 13)

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any Listing Agreement you enter into, constitute the entire agreement between you and SmarterSeller regarding the Services and supersede all prior agreements, understandings, and communications.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of SmarterSeller.

Assignment

You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms to any affiliate or successor entity without your consent. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, fires)
Acts of war, terrorism, or civil unrest
Government actions or restrictions
Pandemics or public health emergencies
Internet or telecommunications failures
Labor disputes or strikes

Notices

All notices to SmarterSeller must be sent to:

SmarterSeller
Email: legal@smarterseller.com
Address: [Your Business Address]

Notices to you may be sent to the email address or physical address you provided during registration. You are responsible for keeping your contact information current.

Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SmarterSeller. You are an independent party, and neither party has authority to bind the other.

Real Estate Licensing

SmarterSeller is a licensed real estate brokerage in [Your State(s)]. Our broker of record is [Broker Name], license number [License Number]. All real estate services are provided in compliance with applicable state and federal real estate laws and regulations.

Fair Housing Compliance

We are committed to fair housing and equal opportunity. We comply with the Fair Housing Act and all applicable federal, state, and local fair housing laws. We do not discriminate based on race, color, religion, sex, national origin, familial status, disability, or any other protected characteristic.

Electronic Communications

By using our Services, you consent to receive electronic communications from us, including emails, text messages, and notifications through the Site. These communications may include notices about your account, transactions, marketing messages (if you've opted in), and other information concerning our Services.

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall control.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

14. Contact Information

If you have any questions, concerns, or complaints about these Terms or our Services, please contact us: