Realtor Terms of Use

1. Platform Role

TheHouse48 is a global digital marketplace that connects property sellers, buyers, and licensed real estate professionals. The Platform:

• Does not act as a real estate broker
• Does not represent buyers or sellers
• Does not participate in negotiations
• Does not guarantee property sales
• Does not verify legal ownership of properties
• Is not a financial institution

You acknowledge that TheHouse48 operates as a technology and marketing platform only.

2. Eligibility & Global Compliance

By registering, you represent and warrant that:

2.1

You are legally authorized to operate as a real estate professional in your jurisdiction.

2.2

You hold all required licenses, registrations, and certifications.

2.3

You comply with all applicable laws including:

• Real estate regulations
• Consumer protection laws
• Anti-money laundering (AML) laws
• Counter-terrorism financing (CFT) laws
• Sanctions laws
• Data protection and privacy laws

2.4

You are not subject to international sanctions, regulatory bans, or criminal restrictions.

TheHouse48 reserves the right to request verification documents at any time.

3. Business Model

You may not operate under both simultaneously unless explicitly approved by TheHouse48.

3.1 Subscription Fees

Access to the Platform may require a recurring subscription fee.

• Subscription plans, pricing, and features will be displayed at registration or in your dashboard.
• Subscriptions are billed monthly or annually (as selected).
• Subscription fees are non-refundable unless required by law.
• If subscription lapses, your account may be suspended or moved to Commission Model at Platform discretion.

3.2 Commission Structure

You agree that:

• No recurring subscription fee is required.
• You agree to pay TheHouse48 a commission on all successful transactions originating directly or indirectly from Platform leads.
• Commission percentage will be displayed before activation or in your dashboard.
• Commission is due immediately upon closing of the transaction.
• Commission applies regardless of whether final negotiations occur outside the Platform.

3.3 Anti-Circumvention

You agree not to:

• Divert Platform-generated leads
• Close transactions privately to avoid commission
• Encourage buyers to transact outside the Platform

If circumvention occurs, TheHouse48 may:

• Charge full commission
• Suspend or permanently terminate your account
• Pursue legal recovery including damages and costs

4. Listing Obligations

You are solely responsible for:

• Accuracy of all listings
• Legal authority to market each property
• Authentic property documentation
• Prompt status updates

Minimum standards include:

• At least five (5) high-quality images
• Accurate pricing
• Complete property descriptions
• Disclosure of material property defects

TheHouse48 reserves the right to remove misleading or incomplete listings.

5. Professional Conduct

You agree to:

• Respond to inquiries within 24 hours on business days
• Act ethically and professionally
• Avoid discriminatory conduct
• Comply with fair housing and anti-discrimination laws

Repeated poor performance may result in account suspension.

6. AML, Fraud & Sanctions Compliance

Because TheHouse48 operates globally:

6.1

You must conduct appropriate Know-Your-Client (KYC) checks where required by law.

6.2

You must not list properties connected to criminal activity.

6.3

You must not engage with sanctioned individuals or entities.

6.4

You must report suspicious transactions where legally required.

TheHouse48 may suspend listings pending compliance review.

7. Data Protection & Privacy

You agree to:

• Use buyer data solely for legitimate transaction purposes
• Not sell or distribute buyer data
• Comply with GDPR, UK GDPR, Nigerian Data Protection Act, and other applicable laws where relevant

You act as an independent data controller for any data you receive.

8. Intellectual Property

You retain ownership of listing content.

You grant TheHouse48 a worldwide, non-exclusive, royalty-free license to:

• Display listings
• Promote properties
• Use content for marketing

TheHouse48 retains all rights to its technology, branding, and systems.

9. Disclaimers

The Platform:

• Does not guarantee inquiries or sales
• Does not verify property ownership
• Does not conduct legal due diligence
• Is not liable for property disputes
• Is not responsible for Realtor misconduct

All transactions occur solely between Realtor and buyer.

10. Limitation of Liability

To the maximum extent permitted by law:

• TheHouse48 shall not be liable for indirect, incidental, or consequential damages.
• Total liability shall not exceed the amount of subscription fees paid in the preceding 6 months.

11. Indemnification

You agree to indemnify and hold harmless TheHouse48 against claims arising from:

• False listings
• Legal disputes
• Regulatory violations
• Fraud
• Misrepresentation

12. Termination

TheHouse48 may suspend or terminate your account if you:

• Breach this Agreement
• Fail to pay subscription fees
• Circumvent commission
• Violate laws
• Engage in fraud or unethical conduct

Termination does not eliminate commission owed on pending transactions.

13. Billing, Auto-Renewal & Payment Terms

(Applies to Subscription Model)

13.1 Automatic Renewal

All subscription plans automatically renew at the end of each billing cycle (monthly or annual) unless cancelled prior to the renewal date.

13.2 Authorization

By selecting a subscription plan, you authorize TheHouse48 to automatically charge your selected payment method for recurring fees.

13.3 Renewal Notice

TheHouse48 may provide renewal reminders; however, failure to receive a reminder does not invalidate renewal.

13.4 Price Changes

TheHouse48 reserves the right to adjust subscription pricing with at least thirty (30) days' notice. Continued use after notice constitutes acceptance of new pricing.

13.5 Failed Payments

If payment fails:

• Your listings may be suspended
• Access may be restricted
• Account may be downgraded to Commission Model at Platform discretion

Outstanding balances remain payable.

14. Refund & Cancellation Policy

14.1 Subscription Cancellation

You may cancel your subscription at any time through your dashboard. Cancellation takes effect at the end of the current billing cycle.

14.2 No Partial Refunds

Subscription fees are non-refundable for partial billing periods, unused services, or early cancellation, except where required by applicable consumer protection laws.

14.3 Cooling-Off Period (Where Applicable)

If required by local law (e.g., UK or EU consumer regulations), eligible users may have a statutory cancellation window. Business users acting in a commercial capacity may not qualify.

14.4 Commission Plan

Under the Commission Model:

• No subscription refunds apply.
• Commission once earned upon transaction closing is non-refundable.

14.5 Platform Termination

If TheHouse48 terminates your account for breach:

• No refunds will be issued.
• Outstanding commission or fees remain due.

15. Arbitration & Dispute Resolution

15.1 Good Faith Negotiation

Parties agree to first attempt resolution through informal good-faith negotiation within thirty (30) days of written notice of dispute.

15.2 Binding Arbitration

If unresolved, disputes shall be finally settled by binding arbitration under the rules of the:

The arbitration award shall be final and binding and may be enforced in any court of competent jurisdiction worldwide.

15.3 Waiver of Jury Trial

To the maximum extent permitted by law, parties waive any right to trial by jury.

15.4 Cross-Border Enforcement

Judgment or arbitral award may be enforced in the United States, Canada, Nigeria, or any jurisdiction where the Realtor operates under the New York Convention on Recognition and Enforcement of Arbitral Awards.

15.5 Exception – Injunctive Relief

TheHouse48 may seek immediate court relief for:

• Intellectual property violations
• Commission circumvention
• Fraud or misuse of platform data

Such relief may be sought in any competent court.

16. Governing Law

This Agreement shall be governed by and construed under the laws of England and Wales, without regard to conflict of law principles.

You agree that:

• Courts in the selected jurisdiction shall have exclusive authority.
• TheHouse48 may enforce rights in any country where you operate.

For global enforceability, TheHouse48 reserves the right to pursue recovery in your operating jurisdiction.

17. Audit Clause

TheHouse48 reserves the right to request proof of transaction completion and may audit records relating to Platform-generated leads.

18. Withholding Rights

TheHouse48 may withhold commissions, suspend listings, or freeze accounts pending fraud investigation.

19. Multi-Entity Protection

References to "TheHouse48" include its affiliates and subsidiaries registered in:

• United Kingdom
• United States
• Canada
• Nigeria

20. Electronic Binding Acceptance

By clicking "I Agree", you:

• Enter into a legally binding contract
• Consent to electronic records
• Waive requirement for handwritten signature
• Confirm authority to bind your business

21. Modifications

TheHouse48 may update these Terms at any time. Continued use after updates constitutes acceptance.