Welcome to BY OWNER HOME LISTINGS. (By Owner Home Listings is a real estate company – license #
CQ1071309. By Owner Home Listings, LLC is a real estate platform for homeowners providing a membership
that will give you access to list your property on the MLS and receive the benefit of a reduced commission. By
accessing and utilizing BY OWNER HOME LISTINGS’s Websites (encompassing all properties, whether
mobile, Web, or otherwise, owned and operated by BY OWNER HOME LISTINGS or its subsidies), related
data, and/or associated services (collectively referred to as “Services”), you consent to abide by the following
terms of use, as periodically updated (“Terms of Use”). These Terms of Use constitute a legally binding
agreement between you and BY OWNER HOME LISTINGS. Prior to using the Services, you must accept
these Terms of Use. Failure to agree to all outlined terms and conditions within these Terms of Use prohibits
the use of the Services. For inquiries or complaints regarding these Terms of Use, please contact
support@byownerhomelistings.com. BY OWNER HOME LISTINGS regularly reviews inquiries.
- Information you provide: When utilizing our Services, you may furnish information about yourself, including
your name, address, phone number, email, and details regarding a potential transaction. This could happen
when you register on BY OWNER HOME LISTINGS, claim a home, communicate with a real estate agent or
other service provider via the Services, or fill out other forms, such as a loan request. You may also disclose
information about a third party through the Services, such as when you share a real estate listing with
someone via email. We may merge this information with other data collected from your interaction with the
Services or from other entities. Additionally, when you purchase products or services through the Services, BY
OWNER HOME LISTINGS may collect your credit/debit card information, which is secured using industry-
standard encryption technology. BY OWNER HOME LISTINGS will exclusively utilize this information to fulfill
your order and will not disclose it to external parties, except as necessary to complete the order or adhere to
applicable law. - Restrictions and Additional Terms:
You consent not to alter, remove, or erase any copyright or other intellectual property notices displayed in our
Services. You will refrain from using our Services for sale, resale, service bureau, time-sharing, profiting, or
any similar purposes. Furthermore:
a. Acceptable Use: You agree not to utilize the Services in any manner that is unlawful or detrimental to
BY OWNER HOME LISTINGS, its service providers, affiliates, subsidies, suppliers, partners,
stakeholders, employees, or any other user. Additionally, you shall refrain from distributing or posting
spam, chain letters, pyramid schemes, or similar communications through the Services. You also agree
not to impersonate another person or misrepresent your affiliation with any person or entity. These
Terms of Use do not grant you a license to use, reproduce, distribute, display, or provide access to any
portion of the Services on third-party websites or elsewhere, except as expressly stated herein or
approved in writing by BY OWNER HOME LISTINGS. Furthermore, you agree not to reproduce,
publicly display, or otherwise make accessible on or through any other website, application, or service
any information about real estate, lending, or other professionals, underlying images, or information
about real estate listings, or other data or content available through the Services, except as expressly
stated herein and without limitation.
b. Payments to Vendors, Including But Not Limited To, Real Estate Agents, Attorneys, Escrow Agents,
Inspectors, Photographers, Title Companies, Mortgage Brokers/Lenders, and Insurers. BY OWNER
HOME LISTINGS will connect you with various affiliates, subsidies, and/or vendors to assist you in your
goals – the reasons you signed up with BY OWNER HOME LISTINGS. If you are the home seller or
home buyer, you, including all names on the property being sold or bought, and if the seller or buyer is
a business or a trust, all employees, officers, management, stakeholders, designees, and trustees of
such business or trust agree to the following terms:
o You may directly engage with various affiliates, subsidies, and/or vendors that BY OWNER
HOME LISTINGS connects you with for any services purchased through BY OWNER HOME
LISTINGS. This includes communicating with the vendors via email and phone.
o All additional services with these affiliates, subsidies, and/or vendors, including but not limited to
listing, pricing, purchases, inspections, insurance, and other services on any additional
properties, or other services on the current property, shall be procured through BY OWNER
HOME LISTINGS.
o Any referrals you make shall be directed only to BY OWNER HOME LISTINGS, and NOT
directly to the affiliates, subsidies, and/or vendors. Referrals may include your business
affiliates, friends, family, and acquaintances.
o Any payments due to affiliates, subsidies, and/or vendors for services from buyers or sellers, or
their referrals, should be remitted to BY OWNER HOME LISTINGS. BY OWNER HOME
LISTINGS will then credit the vendors for their portion of the proceeds. No payments may be
made directly to the vendors. This policy applies indefinitely.
If you are an affiliate, subsidy, and/or vendor providing real estate-related services, you agree not to
accept direct payments from users introduced to you via BY OWNER HOME LISTINGS, or their
referrals.
Automated Queries: The use of automated queries (including screen and database scraping, spiders,
robots, crawlers, and any other automated activity aimed at obtaining information from the Services) is
strictly prohibited unless you have received express written permission from BY OWNER HOME
LISTINGS. Publicly available search engines and similar Internet navigation tools (“Search Engines”)
may query the Services and provide an index with links to the Services’ web pages, only to the extent
permitted by applicable copyright law as “fair use.” Search Engines are prohibited from querying or
searching information protected by a security verification system (“captcha”) that limits access to
human users.
c. Google Maps: Certain Services may integrate the Google Maps web mapping service, subject to
Google’s terms of use here.
d. Calls: By contacting a real estate agent, real estate professional, or homeowner through the Services,
you authorize BY OWNER HOME LISTINGS to share your name, contact information, and other
identifying details you provide with that individual and any associated affiliate, subsidy, and/or vendor. If
you request pre-approval from a Lender (as defined below) in connection with your contact, you
authorize BY OWNER HOME LISTINGS to share your information with the participating Lender or
associated affiliates, subsidies, and/or vendors. You may receive telemarketing calls from or on behalf
of the real estate agent, Lender, or other vendors at the provided telephone number(s). Calls made
through a third-party service may be recorded or monitored for quality assurance and customer service
purposes. Your consent to such recording and monitoring is implied by making a call through the
service. All recorded calls will be treated following our Privacy Policy.
e. Other Service Providers: BY OWNER HOME LISTINGS utilizes various third-party software and
technology, subject to the respective third-party’s terms generally available on their website.
- Materials You Provide, Account Use, Privacy, Third Party Web Sites: For materials you post or
otherwise provide to BY OWNER HOME LISTINGS in connection with the Services (your
“Submission”), you grant BY OWNER HOME LISTINGS an irrevocable, perpetual, royalty-free
worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, prepare derivative works of or incorporate into other works, and translate your
Submission, in connection with the Services or any other media, and (b) sublicense these rights, to
the maximum extent permitted by applicable law. BY OWNER HOME LISTINGS will not pay you for
your Submission or exercise any rights related to your Submission outlined in the preceding
sentence. BY OWNER HOME LISTINGS may remove or modify your Submission at any time. For
each Submission, you agree to provide accurate and complete information and represent that you
have all rights necessary to grant BY OWNER HOME LISTINGS the rights in this paragraph and that
the Submission complies with Section 2(a) above. You are solely responsible for all Submissions
made through your BY OWNER HOME LISTINGS user account or that you otherwise make available
through the Services. You may not share your BY OWNER HOME LISTINGS user account with
others. You are responsible for all actions taken via your account. BY OWNER HOME LISTINGS will
treat your use of the Services, in accordance with its Privacy Policy. Certain BY OWNER HOME
LISTINGS functionalities may involve the distribution of your Submission to third-party Websites
over which BY OWNER HOME LISTINGS has no control. BY OWNER HOME LISTINGS is not
responsible for and makes no warranties or representations pertaining to these third-party
Websites, including but not limited to the content, availability, or functionality of such Websites. You
are responsible for ensuring that your Submission complies with the terms of use associated with
any such third-party Website and you understand that your Submission and your use of a third-party
Website will be treated in accordance with that third-party Website’s own privacy policy. - MLS Terms of Use: You understand and agree to all applicable MLS Terms of Use for IDX/VOW.
- Advertising: BY OWNER HOME LISTINGS’s business is funded through advertising, amongst other
things. You understand and agree that the Services may include advertisements and that these are
necessary to support the Services. To help make the advertisements relevant and useful to you, BY
OWNER HOME LISTINGS may serve advertisements based on the information we collect from you or
in relation to your interaction on our site. See the Private Policy for details. - The Role of BY OWNER HOME LISTINGS: BY OWNER HOME LISTINGS, Corp. is not a licensed real
estate broker. BY OWNER HOME LISTINGS does not act as a real estate agent for you or any other
user. BY OWNER HOME LISTINGS does not sell, buy, or negotiate the purchase, sale, or exchange of
real property. Further, BY OWNER HOME LISTINGS does not lease or rent, offer to lease or rent, or
negotiate the lease of real property or otherwise aid or assist in the lease of real property. - Mortgage Information Services and Other Real Estate Related Services.
a. Mortgages and Other Services. BY OWNER HOME LISTINGS allows consumers to provide
anonymous information to banks, lenders, originators, loan brokers, and their employees
(collectively, the “Lenders”) to request quotes on terms for home loans. Lenders may elect to
respond to consumer requests with non-binding customized quotes of the terms they would
offer to a borrower fitting the consumer’s anonymous profile, as well as their contact
information. These non-binding quotes are not intended to be Good Faith Estimates/Loan
Estimates as defined in the Real Estate Settlement Procedures Act. BY OWNER HOME
LISTINGS also allows consumers to request that Lenders pre-approve them for home loans.
When consumers submit the required information and request pre-approval from a participating
Lender, the Lender may elect to respond based on parameters established by the Lender.
Qualification for pre-approval does not constitute an offer or commitment to lend, or a
guarantee of specific rates or terms. If you, as a consumer, choose to contact a Lender through BY
OWNER HOME LISTINGS by completing a contact request or other request form on BY OWNER
HOME LISTINGS, you authorize BY OWNER HOME LISTINGS to provide your name and contact
information and other identifying information you provide to the Lender you choose, along with
your quote or pre-approval request. You acknowledge that, by submitting your contact request
or other request form on BY OWNER HOME LISTINGS, you may receive telemarketing calls
from or on behalf of the Lender you choose at the telephone number(s) you provide. By
submitting your name, contact information, and other identifying information, your identity will
no longer be anonymous. Any loan or other business conducted is between you and the Lender or
any other service provider selected by you.
b. The Role of BY OWNER HOME LISTINGS; Disclaimer. BY OWNER HOME LISTINGS is not a Real
Estate brokerage/company, Lender, mortgage broker, loan originator, loan processor,
underwriter, title agency/company, title insurance provider, title processor/closer, public notary,
or remote public notary service provider. BY OWNER HOME LISTINGS does not aid or assist
borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of
loans, or make loans or credit decisions in connection with loans. BY OWNER HOME LISTINGS
does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-
approval is not an application for credit. BY OWNER HOME LISTINGS does not endorse or
recommend the products of any particular Lender. Nothing contained in the Services is an offer
to lend or a commitment for a loan, and BY OWNER HOME LISTINGS does not guarantee any
specific loan terms and conditions offered to consumers by a Lender will be granted, or that
consumers will be offered any type of loan by any Lender. BY OWNER HOME LISTINGS is not an
agent of either any consumer or any Lender. BY OWNER HOME LISTINGS is only providing an
administrative service to consumers and participating Lenders. Decisions regarding pre-approval
requests are made by participating Lenders and not BY OWNER HOME LISTINGS. BY OWNER
HOME LISTINGS assumes no responsibility for any result or consequence related directly or
indirectly to any action or inaction that consumers take based on the Services, and any other
information available there. Interest rates provided through the Services are for information
purposes only, and actual interest rates may vary.
c. Partnering Lenders. The Lenders partnering with BY OWNER HOME LISTINGS are solely
responsible for their services to consumers. BY OWNER HOME LISTINGS shall not be liable for
any damages or costs of any type arising out of or in any way connected with the services offered
by any partnering Lender. BY OWNER HOME LISTINGS is not responsible for any errors or
delays caused by consumers or any Lender in the loan process. BY OWNER HOME LISTINGS
reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the
participation of any Lender or other user from BY OWNER HOME LISTINGS.
d. Privacy. BY OWNER HOME LISTINGS will not provide personally identifying information about
consumers to any Lender without the consumer’s consent. However, BY OWNER HOME
LISTINGS may use such information to improve the relevance of advertising shown to
consumers. Please consult the Privacy Policy for more information.
- Linked Materials and Third-Party Materials: The Services include links to third-party products,
services, and Web sites, as well as materials provided by third parties. BY OWNER HOME LISTINGS
does not endorse and takes no responsibility for such products, services, Websites, and materials. You
understand that BY OWNER HOME LISTINGS has no obligation to, and generally does not, approve or
monitor materials provided by third parties through the Services. Your dealings with any third party
arising in connection with the Services are solely between you and such third party, and BY OWNER
HOME LISTINGS takes no responsibility for any damages or costs of any type arising out of or in any
way connected with your dealings with these third parties. - Claims of Copyright Infringement: BY OWNER HOME LISTINGS respects the intellectual property
rights of others, and asks that everyone using the Services do the same. Anyone who believes that their
work has been reproduced on the Services in a way that constitutes copyright infringement may notify
BY OWNER HOME LISTINGS’s copyright agent in accordance with Title 17, United States Code,
Section 512(c)(2), by providing the following information: (a) Identification of the copyrighted work that
you claim has been infringed; (b) Identification of the material that you claim is infringing and needs to
be removed, including a description of where it is located on the Services so that the copyright agent can
locate it; (c) Your address, telephone number, and, if available, e-mail address, so that the copyright
agent may contact you about your complaint; and (d) A signed statement that the above information is
accurate; that you have a good faith belief that the identified use of the material is not authorized by the
copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or
are authorized to act on the copyright owner’s behalf in this situation. Notices of copyright infringement
claims should be sent as follows: By mail: BY OWNER HOME LISTINGS, LLC., 8501 SW 124 th Ave, Suite
203-A Miami, FL 33193, Attention: Copyright Agent. By e-mail: support@byownerhomelistings.com. If
you give notice of copyright infringement by text, you need to e-mail BY OWNER HOME LISTINGS’s
copyright agent so agent may begin investigating the alleged copyright infringement; however, we must
receive your signed statement by mail or as an attachment to your e-mail before we are required to take
any action.
- NO WARRANTY: BY OWNER HOME LISTINGS PROVIDES THE SERVICES “AS IS,” “WITH ALL
FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, BY OWNER HOME LISTINGS, ITS SUPPLIERS, AFFILIATES, SUBSIDIES,
PARTNERS, AND STAKEHOLDERS, MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS,
EXPRESS OR IMPLIED. BY OWNER HOME LISTINGS, ITS SUPPLIERS, AFFILIATES, SUBSIDIES,
PARTNERS, AND STAKEHOLDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR
ERROR-FREE ACCESS OR USE. - LIABILITY LIMITATION, EXCLUSIVE REMEDY: IN NO EVENT WILL BY OWNER HOME LISTINGS
OR ANY BY OWNER HOME LISTINGS SUPPLIER, AFFILIATE, SUBSIDY, PARTNER, OR
STAKEHOLDER, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF,
BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF
DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH
BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS
OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY
WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B)
BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE
EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF
YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR
CLAIM AGAINST BY OWNER HOME LISTINGS, ITS SUPPLIERS, AFFILIATES, SUBSIDIES, PARTNERS,
AND STAKEHOLDERS CONCERNING THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
- Changes, Discontinuance: BY OWNER HOME LISTINGS reserves the right to change these Terms
of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the
revised version of these Terms of Use to BY OWNER HOME LISTINGS’s Websites. Your continued use
of the Services after the effectiveness of such changes will constitute acceptance of and agreement to
any such changes. You further waive any right you may have to receive specific notice of such changes to
these Terms of Use. You are responsible for regularly reviewing these Terms of Use. BY OWNER HOME
LISTINGS may alter, suspend, or discontinue the Services at any time to you and/or to others, without
notice. - Choice of Law, Disputes: These Terms of Use are governed by the laws of the State of Florida,
without giving effect to its conflict of law’s provisions. You agree to submit to exclusive jurisdiction and
venue in the state and federal courts sitting in Miami-Dade County, Florida for any and all disputes,
claims, and actions arising from or in connection with the Services and/or these Terms of Use. In any
dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and
expenses. - Indemnification: You agree to defend and hold BY OWNER HOME LISTINGS, its affiliates, subsidies,
and their respective directors, officers, employees, and agents harmless from any and all claims and
demands made by any third party due to or arising out of your breach of these Terms of Use, your use of
the Services, your violation of any law or the rights of a third party, or any Submission made through
your BY OWNER HOME LISTINGS user account or that you otherwise make available through the
Services. - Release: You release BY OWNER HOME LISTINGS, its affiliates, and their respective directors,
officers, employees, and agents from all liability related to any, and all claims and demands you may
assert against any third party arising out of the Services. If you are a California resident, you waive
California Civil Code Section 1542, which states, “A general release does not extend to claims which the
creditor does not know or suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with the debtor.” - General: You agree not to export from anywhere any part of the Services provided to you or any
direct product thereof except in compliance with, and with all licenses and approvals required under,
applicable export laws, rules, and regulations. All Services used by the U.S. Government are provided
with the commercial license rights described herein. If any part of these Terms of Use is determined to
be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder
of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for
the convenience of the parties and have no legal or contractual significance. BY OWNER HOME
LISTINGS may assign this Agreement, in whole or in part, at any time with or without notice to you. You
may not assign these Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Service. BY
OWNER HOME LISTINGS’s failure to act concerning a breach by you or others does not waive its right
to act concerning subsequent or similar breaches. Except as expressly stated herein, these Terms of Use
constitute the entire agreement between you and BY OWNER HOME LISTINGS concerning the
Services and supersede all prior or contemporaneous communications of any kind between you and BY
OWNER HOME LISTINGS concerning the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 9, 10, 12 through 15.
— Updated June 2024