Terms and Conditions

Operated by Real Agent LLC DBA: Motivated Seller Exchange

Last Updated: September 1, 2025

1. Parties to This Agreement

This Terms of Service (“Agreement”) is entered into between Real Agent LLC, DBA Motivated Seller Exchange (“Company,” “we,” “us,” or “our”) and you, the subscribing member (“you,” “your,” or “Member”).

Company Contact Information:

Mailing Address: 41951 Remington Ave Suite 260, Temecula, CA 92590
Email: [email protected]
Phone: 951-524-7225

2. Membership Types

We offer three membership levels:

Basic Membership (Free)

Access to shared motivated seller leads.
Leads may be shared with up to 3 agents.
No guarantees on lead alerts or volume.

Premium Membership (Paid)

Early access to leads with real-time push and text notifications.
Leads shared with no more than 2 agents.
Access to the Speed-to-Lead CRM Dashboard.

Pro Membership (Paid, Exclusive)

Priority access to high-motivation, ASAP seller leads (100% exclusive).
Includes Premium-level features, coaching calls, and overflow priority access.
Leads not shared with any other agents.

⚠️ Disclaimer: All leads are provided strictly “as-is.” We make no guarantees about volume, quality, or outcomes.

3. Membership Fees, Billing & Trials

Membership pricing and perks are detailed in Exhibit A – Membership Pricing & Perks and may be updated at our discretion.

Current payment options:
- Premium Membership:
  - $100 billed every 28 days
  - $276 billed every 12 weeks
  - $1,100 billed annually (~16% savings, includes ISA credits & training)
- Pro Membership:
  - $516 billed every 28 days
  - $1,416 billed every 12 weeks
  - $5,676 billed annually (~15% savings, includes ISA credits, training, coaching calls, exclusive leads)

Trials: If a trial period is offered, you may cancel within the trial period at no charge.

Cancellations: Must be submitted at least 10 days prior to your next billing cycle. Cancel via email or directly in your account settings.

Auto-Renewal: All memberships auto-renew unless canceled. Renewal terms are disclosed at checkout and in post-purchase emails.

No Refunds: All membership fees are non-refundable, including dissatisfaction or unused leads, unless required by law.

4. ISA Add-On Service

Members may purchase Inside Sales Agent (“ISA”) follow-up for $9.99 per lead.
ISA will follow up with a designated lead for up to 12 months, with the goal of booking an appointment.
This service is non-refundable once initiated.

5. Chargeback & Dispute Policy

You agree not to initiate chargebacks or disputes with your bank without first contacting [email protected].
If you do:
- We may submit this Agreement, lead logs, and referral data as proof.
- Your membership may be immediately terminated.
Any unpaid referral fees survive termination and are collectible as damages.

6. Lead Usage & Restrictions

All leads remain the exclusive property of Real Agent LLC.
You may not share, transfer, or resell leads.
If you choose not to pursue a lead, you must return it via platform or email.
Unauthorized use of leads may result in termination and legal action.
Compliance Responsibility: You are solely responsible for compliance with TCPA, Do Not Call, CAN-SPAM, and other laws.

7. Referral Fees

For transactions resulting from leads we provide:

Basic Membership
- 35% of gross commission on listings
- 1.00% of purchase price if purchased or wholesaled
Premium Membership
- 30% of gross commission on listings
- 0.75% of purchase price if purchased or wholesaled
Pro Membership
- 20% of gross commission on listings
- 0.50% of purchase price if purchased or wholesaled

Additional terms:

Applies to any transaction closing within 24 months of receiving a lead.
Members must report transactions within 5 business days of entering a contract.
Referral fees apply even if closed under your team, entity, or affiliate.
We reserve audit rights to request closing documents.

8. Lead Reporting

You must update the status of each lead at least once every 7 days.
Failure to do so may result in:
- Removal of the lead from your dashboard
- Suspension or termination of membership (without refund)

9. Licensing Requirements

By subscribing, you affirm that:

You are a licensed real estate agent in good standing.
You will immediately notify us if your license becomes inactive, suspended, or revoked.

10. Intellectual Property

All tools, templates, processes, and systems provided are proprietary. You may not copy, distribute, or reverse-engineer them without written permission.

11. Indemnification & Liability

You agree to indemnify Real Agent LLC against any claims, damages, or losses arising from:

Your actions or communications with leads
Failure to comply with real estate, telemarketing, or consumer laws
Licensing violations or fiduciary breaches

Our maximum liability is limited to the total membership fees you paid in the 12 months prior to the claim.

12. Termination

We may suspend or terminate your membership without refund if you:

Fail to report lead status
Misuse or share lead data
Misrepresent licensing status
Violate any part of this Agreement
Initiate chargebacks in bad faith

Outstanding referral fees remain due after termination.

13. Governing Law & Dispute Resolution

This Agreement is governed by California law.
All disputes will be resolved exclusively in Riverside County, CA through binding arbitration with JAMS.
Class/collective/representative actions are waived.
The prevailing party may recover attorneys’ fees.

14. General Provisions

Electronic acceptance counts as a legally binding signature.
Certain obligations (referral fees, indemnification, dispute resolution, etc.) survive termination.
No partnership, joint venture, or employment relationship is created.
This Agreement may be updated with 7 days’ notice; continued use counts as acceptance.

15. Acceptance

By subscribing to Motivated Seller Exchange, you acknowledge that you have read, understood, and agreed to this Terms of Service in full.

For any questions, contact:

[email protected]

951-524-7225

41951 Remington Ave Suite 260, Temecula, CA 92590