Listing Terms & Conditions | 1-800RealEstate.com

Listing Terms of Service

Preamble and Incorporation

These Listing Terms of Service (“Listing Terms”) are supplemental to and incorporated by reference into the 1-800RealEstate.com Terms of Service (the “General Terms”) and the 1-800RealEstate.com Privacy Policy. In the event of a conflict between these Listing Terms and the General Terms, these Listing Terms shall control with respect to listing activities. Capitalized terms not defined herein have the meanings set forth in the General Terms.

By accessing or using the listing features of the 1-800RealEstate.com website (the “Site”), you (“you” or “user”) represent and warrant that you have the legal capacity to enter into a binding agreement and agree to be bound by these Listing Terms. If you are using the Site on behalf of a company, brokerage, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Listing Terms.

1. Representations and Warranties

You represent and warrant that:

  1. You have all necessary authority, rights, and permissions to submit listing information to the Site.
  2. Submitting listing information will not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right, or any right of privacy or publicity, of any third party.
  3. Your listing information will comply with all applicable laws and regulations, including but not limited to fair housing laws and regulations (see Section 8).
  4. Your listing information will not cause injury to any person.
  5. You own or have the legal right to advertise the property you are listing, including authorization from the property owner if you are acting as an agent, broker, or property manager. You must have a signed listing agreement, ownership, or other documented legal authority to market the property. “Pocket listings” (marketing a property you do not own and for which you have no signed listing agreement) are prohibited.
  6. If you are a licensed real estate agent or broker, you will include your license number, brokerage name, and any other disclosure required by the laws of the state in which the property is located in every listing you post on the Site.

2. Listing Content and User Responsibilities

2.1 Responsibility for Content

You are solely responsible for all listings you post on the Site, including all photographs, videos, descriptions, data, pricing, and other information you upload (collectively, “User Content”). You represent and warrant that you own or have all necessary rights, title, and interest in and to all User Content, or have obtained all necessary licenses and permissions to use and authorize 1-800RealEstate.com to use the User Content as contemplated by these Listing Terms.

2.2 Accuracy and Completeness

All User Content must be truthful, accurate, complete, and current. You agree to promptly update or correct any listing information that becomes inaccurate or outdated. Specifically:

  • Property addresses must be accurate and correspond to the actual property being advertised.
  • Photographs must depict the actual property being advertised, or be clearly labeled if they depict a model unit, rendering, or similar representation.
  • Pricing information must accurately reflect the current asking price, rent, or other financial terms.
  • Property descriptions must accurately represent the property’s features, condition, and characteristics.
  • Photographs must be images you personally took or have written permission to use. You may not use photographs from other listing platforms, MLS systems, or third-party websites without the express permission of the copyright holder.

2.3 Property Location

You agree to only post properties located within the United States of America and its territories.

2.4 Listing Content License

By posting User Content, you grant 1-800RealEstate.com a non-exclusive, royalty-free license to use, display, reproduce, and distribute such User Content on and through the Site for the purpose of operating the platform and promoting your listing, in accordance with the content license provisions set forth in the General Terms and the Privacy Policy.

3. Prohibited Activities

You agree not to use the Site for any of the following:

  1. Posting fraudulent, false, misleading, or deceptive listings.
  2. Advertising properties you do not own or are not authorized to advertise.
  3. Posting duplicate listings for the same property.
  4. Using listing features to advertise products, services, or businesses not authorized by 1-800RealEstate.com.
  5. Requesting or soliciting personal financial information, including bank account details, social security numbers, or wire transfer information, from other users through the Site.
  6. Engaging in any activity that violates applicable anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act and any regulations of the U.S. Treasury’s Office of Foreign Assets Control (OFAC) or the Federal Trade Commission (FTC).
  7. Posting any content that violates fair housing laws or discriminates based on race, color, religion, sex, familial status, national origin, disability, or any other protected class.
  8. Manipulating or falsifying listing metrics, views, or engagement data.

4. Listing Media Requirements

4.1 Photographs

All photographs must depict the actual property being listed unless clearly labeled otherwise (e.g., “rendering,” “model unit”). Photographs must not contain:

  • Watermarks from other listing platforms or services.
  • Overlaid text, promotional banners, or contact information that obscures the property.
  • Obscene, offensive, or inappropriate imagery.

4.2 Videos

Walkthrough videos, neighborhood tours, and agent introduction videos are encouraged. All video content must comply with the same accuracy and content standards as photographs and descriptions. Videos must not contain content that violates these Listing Terms or the General Terms.

4.3 Metadata

Uploaded media files may contain embedded metadata (e.g., EXIF data). You are responsible for removing any metadata you do not wish to be accessible before uploading.

5. Listing Duration and Expiration

5.1 Active Listings

Listings remain active on the Site until you remove them, your account is terminated, or the listing is removed by 1-800RealEstate.com in accordance with these Listing Terms.

5.2 Sold, Rented, or Withdrawn Properties

You agree to update or remove any listing within forty-eight (48) hours when the property has been sold, rented, leased, or withdrawn from the market. “Bait and switch” listings (advertising a property that is no longer available in order to attract inquiries for other properties) are strictly prohibited. Continued display of properties that are no longer available misleads buyers and renters, may violate FTC advertising rules, and constitutes a violation of these Listing Terms.

5.3 Inactive Listings

1-800RealEstate.com reserves the right to flag or remove listings that appear to be inactive, stale, or associated with accounts that have not been accessed for an extended period, after providing reasonable notice via email.

6. Lead Delivery and Data Handling

YOUR LEADS, YOUR BUSINESS: All buyer and renter inquiries generated through your listings are delivered directly to you. We do not sell, share, auction, or redirect leads to any other agent, broker, or third party.

Lead data handling is governed by our Privacy Policy. By accepting these Listing Terms, you acknowledge that:

  • You are responsible for managing and responding to leads you receive through the platform.
  • You will handle all lead data in compliance with applicable privacy laws.
  • You will not use leads received through the platform for purposes unrelated to the real estate transaction for which the inquiry was made.
  • If you are a licensed real estate professional, you are solely responsible for providing any state-mandated agency or consumer disclosures to leads at the time of initial contact. Some states (including New York) require specific disclosures at the first substantive contact with a consumer. 1-800RealEstate.com does not provide these disclosures on your behalf.

7. Fees

Listing on 1-800RealEstate.com is currently free for all property types, including residential sales, commercial sales, and rental properties. Fee terms are governed by Section 9 of the General Terms. If fees are introduced in the future, you will receive at least sixty (60) days’ advance notice in accordance with the General Terms.

8. Fair Housing and Legal Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your listings. Without limitation, you specifically agree to comply with:

  • Civil Rights Act of 1866: Prohibits discrimination based on race in the sale or rental of real estate.
  • Fair Housing Act: Prohibits discrimination based on race, color, religion, sex, familial status, national origin, or disability in the sale, rental, or financing of housing.
  • Americans with Disabilities Act (ADA): Prohibits discrimination based on disability in places of public accommodation.
  • Equal Credit Opportunity Act (ECOA): Prohibits discrimination in credit transactions, including mortgage lending.
  • State and local fair housing laws that may provide additional protections beyond federal law.

For more information, visit www.hud.gov/fairhousing.

WARNING: Listings that contain language or criteria that discriminate against any protected class will be removed immediately. Repeat violations will result in permanent account termination.

9. Enforcement and Consequences of Violations

9.1 Listing Removal

1-800RealEstate.com reserves the right to remove any listing that violates these Listing Terms, the General Terms, or our policies. When a listing is removed:

  • You will be notified via email at the address associated with your account.
  • The notification will include the reason for removal and, where applicable, the specific provision violated.
  • For non-severe violations, you may be given an opportunity to correct the issue and repost.

9.2 Account Suspension and Termination

1-800RealEstate.com reserves the right to suspend or terminate your account for violations of these Listing Terms. The severity of the action will correspond to the nature and frequency of the violation:

  • First violation (non-severe): Warning and listing removal with opportunity to correct.
  • Repeated violations: Temporary account suspension.
  • Severe violations (fraud, fair housing violations, illegal activity): Immediate account termination without prior warning.

9.3 Fraudulent Listings and Damages

If you knowingly post false, fraudulent, or materially misleading listing information on the Site, you acknowledge that such conduct causes harm to 1-800RealEstate.com, its users, and the integrity of the platform. You agree that 1-800RealEstate.com may pursue all available legal and equitable remedies, including but not limited to:

  • Immediate removal of all your listings and termination of your account.
  • Recovery of actual damages, including costs incurred to investigate and remediate the fraudulent listing.
  • Recovery of reasonable attorneys’ fees and costs.

“Knowingly false” information means information you knew to be untrue or posted with reckless disregard for its truth or accuracy at the time of posting. Honest mistakes, typographical errors, or outdated information that is promptly corrected do not constitute knowingly false information.

9.4 Law Enforcement Cooperation

If 1-800RealEstate.com detects activity on any listing that it reasonably believes to be illegal, fraudulent, or a threat to public safety, we will cooperate fully with law enforcement agencies, including but not limited to the FBI, the United States Secret Service, and the Internet Crime Complaint Center (IC3), and may provide them with relevant user information in accordance with our Privacy Policy and applicable law.

10. Disputes Regarding Listings

10.1 Listing Removal Disputes

If you believe your listing was removed in error, you may submit a dispute by emailing support@1800realestate.com with:

  • Your account information and the listing in question.
  • A detailed explanation of why you believe the removal was in error.
  • Any supporting documentation.

1-800RealEstate.com will review your dispute and respond within ten (10) business days. Our decision after review shall be final.

10.2 Disputes Between Users

Disputes between listing agents and inquiring users are solely between the parties involved. 1-800RealEstate.com is not a party to any real estate transaction and has no obligation to mediate or resolve disputes between users. However, if a dispute involves a potential violation of these Listing Terms, you may report it to us for review.

11. MLS Data and Third-Party Listing Sources

If you import listing data from a Multiple Listing Service (MLS) or other third-party source:

  • You represent and warrant that you have the right to syndicate or display such data on 1-800RealEstate.com under the rules of your MLS or data source.
  • You are responsible for ensuring that imported data complies with all applicable MLS rules and policies.
  • 1-800RealEstate.com is not responsible for any violations of MLS rules resulting from your decision to import or display data on the platform.

12. Listing Data Upon Account Termination

Upon termination of your account (whether by you or by 1-800RealEstate.com):

  • All your active listings will be removed from public view within thirty (30) days.
  • You may request a copy of your listing data prior to termination by contacting support@1800realestate.com.
  • Backup copies of your listing data may be retained for up to ninety (90) days for disaster recovery purposes, in accordance with our Privacy Policy.
  • Lead data previously delivered to you remains your responsibility to manage in accordance with applicable privacy laws.

13. Modifications to These Listing Terms

1-800RealEstate.com reserves the right to modify these Listing Terms at any time. We will provide at least thirty (30) days’ notice of material changes via email or a prominent notice on the Site. Your continued use of the listing features following the effective date of revised Listing Terms constitutes your acceptance of the revised terms. It is your responsibility to review these Listing Terms periodically for updates.

14. Agreement to Listing Terms

IF YOU DO NOT AGREE TO THESE LISTING TERMS OF SERVICE, OR ANY MODIFICATIONS THERETO, YOU ARE NOT PERMITTED TO USE THE LISTING FEATURES OF 1-800REALESTATE.COM.

For questions about these Listing Terms, please contact:

1-800RealEstate.com LLC
380 Broadway, Providence, RI 02909
Email: support@1800realestate.com