Terms of service

1. Acceptance of these terms

These Terms of Service (“Terms”) govern your access to and use of FlatFeeDIY (the “Platform”), including any websites, applications and services we operate. By creating an account, submitting a listing or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

2. What the Platform is — and what it is not

FlatFeeDIY is a technology platform that connects property owners (“Sellers”) who want to place their home on a Multiple Listing Service (“MLS”) with independently-owned, state-licensed real-estate brokers (“Partner Brokers”). FlatFeeDIY is not a real-estate brokerage, is not licensed to act as a broker, and does not itself provide real-estate brokerage services. All real-estate brokerage services described on the Platform are provided exclusively by the Partner Broker identified to you during checkout, under a separate written listing agreement between you and that Partner Broker.

3. Eligibility & account

You must be at least 18 years old and legally able to enter into a binding contract to use the Platform. You must provide accurate, current and complete information when creating an account and keep that information updated. You are responsible for all activity that occurs under your account and for keeping your password confidential. You may not transfer your account to another person.

4. The Partner Broker relationship

Each listing is placed on the local MLS by a state-licensed Partner Broker. As part of checkout you will be asked to review and electronically sign a listing agreement directly with that Partner Broker. That agreement — not these Terms — governs the brokerage relationship between you and the Partner Broker, including the scope of brokerage services, the length of the listing, agency representation, and the handling of any offers received.

The Partner Broker is responsible for: (a) placing your listing on the local MLS, (b) reviewing your listing for compliance with MLS rules, (c) maintaining the brokerage of record for the listing’s duration, and (d) any specific services covered by the listing agreement or add-ons you purchase.

5. Fees & payment

You agree to pay all fees disclosed at checkout, including the Platform listing fee, any state-specific surcharge, and the price of any add-ons selected. All fees are stated in U.S. dollars and are charged at the time you submit the order, unless the listing description states otherwise. You do not pay FlatFeeDIY a commission when your home sells. Any buyer-agent compensation you elect to offer is paid out of your sale proceeds at closing and is not a fee paid to FlatFeeDIY.

6. Refunds & cancellation

You may cancel a listing order at any time before the listing is submitted to the MLS for a full refund of the Platform listing fee. Once the listing has been submitted to or accepted by the MLS, refunds are pro-rated according to time elapsed and work completed (such as photography, sign installation, or other delivered add-ons). Add-ons that have already been fulfilled (for example, photos already shot, signs already shipped) are non-refundable. The Partner Broker’s listing agreement may contain additional cancellation rights.

7. Your responsibilities as a Seller

You represent and warrant that (a) you are the legal owner of the property, or have written authority to list it on behalf of all owners; (b) all information you submit about the property is true, accurate and complete to the best of your knowledge; (c) the photos you upload depict the property fairly and were taken or licensed by you; and (d) you will deliver all disclosures required by state law and MLS rules. You agree to keep the Partner Broker informed of material changes (price, status, condition, defects discovered, etc.) during the term of the listing.

8. MLS rules & prohibited content

Each MLS has rules about what can appear in public remarks (no contact information, no URLs, no commission references, no fair-housing violations). The Partner Broker will review your inputs and may edit or withhold content that violates those rules. You agree not to submit content that is unlawful, defamatory, discriminatory, infringes a third party’s rights, or violates fair-housing or anti-discrimination laws.

9. Buyer-agent compensation

You alone decide whether to offer compensation to a buyer’s agent and, if so, how much. This information is collected during the listing wizard and displayed on the MLS as required by local rules. FlatFeeDIY does not set, recommend or receive buyer-agent compensation. You acknowledge that the level of compensation you offer (or do not offer) may affect buyer interest, agent activity and time-on-market.

10. Inquiries, offers & closing

Showing requests, buyer inquiries and offers may be routed through the Platform, forwarded to your email, and viewable in your dashboard. You are responsible for responding to and evaluating offers. The Partner Broker can, on request, review a contract or provide guidance; the scope of that assistance depends on your package and any add-ons you have purchased. You alone decide whether to accept an offer.

11. Intellectual property

The Platform, including all software, text, graphics, designs, logos and arrangements, is owned by or licensed to FlatFeeDIY and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform for the purpose of listing and managing your own property. You retain ownership of the photos and content you upload, and you grant FlatFeeDIY and the Partner Broker a worldwide, royalty-free license to use that content for the purpose of marketing your listing on the MLS, syndication portals and the Platform itself.

12. Privacy

Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.

13. Third-party services

The Platform integrates with third-party services including payment processors, the MLS, syndication portals, photographers, sign vendors and email providers. We do not control those services and are not responsible for their availability or accuracy. Your use of those services may be subject to additional terms imposed by the third party.

14. Disclaimer of warranties

The Platform is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, FlatFeeDIY disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or that any listing will sell.

15. Limitation of liability

To the maximum extent permitted by law, FlatFeeDIY and its officers, employees and affiliates shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits, lost data, or lost sale opportunity, arising out of or in connection with your use of the Platform. Our total cumulative liability arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the fees you paid us in the twelve months preceding the event giving rise to the claim, or (b) one hundred dollars (US $100).

16. Indemnification

You agree to indemnify, defend and hold harmless FlatFeeDIY, the Partner Broker and our respective officers, employees and affiliates from and against any third-party claims, damages, losses or expenses (including reasonable attorneys’ fees) arising out of (a) your violation of these Terms, (b) your violation of any law or third-party right, or (c) the listing or sale of your property, except to the extent the loss is caused by our gross negligence or willful misconduct.

17. Termination

We may suspend or terminate your access to the Platform at any time if we believe you have violated these Terms, the Partner Broker’s listing agreement, MLS rules or applicable law. You may close your account at any time by contacting us at contact@wasatchwebsites.net. Sections that by their nature should survive termination (including Sections 11, 14, 15, 16 and 19) shall survive.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced via the Platform and/or by email. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

19. Governing law & dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Any dispute arising from these Terms or your use of the Platform shall be resolved in the state or federal courts located in Salt Lake County, Utah, and you consent to the jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

20. Contact

Questions about these Terms? Contact us at contact@wasatchwebsites.net.