TERMS AND CONDITIONS AGREEMENT
By using this website, you (“User”) agree to all of the following:
1. Ownership and Licensing
The HillCountryHomes.com website and all intellectual property is owned by 50 Auctions LLC, with a principal mailing address of:
5900 Balcones Dr #18362
Austin, TX 78731
The Realty Services on this site are primarily offered by the HillCountryHomes.com Realty Group (“HCHRG”), which is a licensed affiliate of REAL Broker LLC.
REAL Broker LLC is an international realty firm listed on NASDAQ (symbol: REAX) and licensed to provide realty services in the State of Texas.
Realty Services offered in connection with this site may also be fulfilled by third party realty firms by referral. These broker firms are also licensed in the State of Texas. Please inquire with the referred broker for their specific licensing information.
2. Differences Between “Client” and “Customer”
Until and unless a User signs a Buyer Representation Agreement with HCHRG / REAL Broker LLC or a third party referral realty partner, all Users are considered Customers and not Clients.
Customers are entitled to:
- Fairness
- Honesty
- Disclosure of basic facts
Clients receive additional protections including:
- Loyalty
- Confidentiality
- Full disclosure
- Replies to their questions within 48 business hours
In Texas, the Agent or Broker acts in a limited agency role for the Client. This means the Agent does not have decision or signing authority for the Client. However, the Agent becomes a legal fiduciary and must always place the Client’s best interests first.
3. Confidentiality of Data and Personal Information
Any personally identifying data collected by this website is stored confidentially using modern best practices.
This site does not collect payment information or social security numbers.
Information submitted through forms will only be shared with third parties when necessary to:
- Fulfill real estate related services
- Respond to user questions
4. Compliance with CAN SPAM and Telephone Consumer Protection Act
Users agree to be contacted by:
- Phone call
- SMS text message
using the phone number or email address submitted through the website.
5. Payments and Fees
This website does not accept payments or charge fees.
Any services involving fees are charged directly by their respective providers.
a. Mortgage Services (Third Party Lenders)
The Mortgage Home Loans section provides options for home financing through third party lending companies.
Users are under no obligation to use these providers and are encouraged to shop the open market.
50 Auctions LLC and HCHRG / REAL Broker LLC:
- Do not earn commissions from these lenders
- Do not charge fees for recommending lenders
- Have no formal relationship with these providers
Mortgage providers must disclose all fees directly to borrowers according to RESPA and Section 8 disclosure laws.
b. Realty Services (In House)
Provided by HCHRG / REAL Broker LLC
Realty Fee to Clients
3 percent of the property purchase price payable at closing
(This may be paid by the Seller.)
Area Tour Fee (Optional)
Clients:
FREE
Customers:
$999
Moving Coordinator Services for Clients (Optional)
First 4 Hours
FREE
Additional Hours
$100 per hour
c. Realty Services (Referral)
Realty services provided by third party brokers including the Agent Match referral service are subject to the fees of that broker.
No fees will be incurred unless the User signs a Buyer Representation Agreement with that firm.
No charges will occur without full written consent from the User.
d. Important Note About Realty Fees
A broker’s compensation:
- Is not set by law
- Is fully negotiable
Compensation for services rendered is solely negotiated between the broker and their client.
6. Guarantees and Warranties of Services Provided
No guarantees or warranties are made regarding services offered on this website beyond those provided by:
- The Texas Real Estate Commission (TREC)
- The U.S. Department of Housing and Urban Development (HUD)
All service providers must comply with state and federal housing laws.
Users wishing to file complaints may do so at:
Texas Real Estate Commission
https://www.trec.texas.gov/public/how-file-complaint
U.S. Department of Housing and Urban Development
https://www.hud.gov/reporthousingdiscrimination
7. Agent Match and Full Service Buyer Program Terms
By clicking “I Agree” to the Agent Match or Full Service Buyer Program forms, the User agrees to the following:
- User is requesting HCHRG to match them with a licensed real estate agent
- HCHRG may match the User with an in house agent or third party agent
- Matches are based primarily on geographic competency and property type
HCHRG / REAL Broker LLC earns a commission only if:
- The User signs a Buyer Representation Agreement, and
- The User closes on a real estate purchase with that agent
Additional terms:
- Users may request a different agent if dissatisfied
- Users are not obligated to enter into a client agreement
- Users must disclose if they are already under a representation agreement with another broker
- HCHRG may limit or exclude users from the program
- HCHRG does not guarantee financing approval or property purchase qualification
Area Tours
Full Service Buyer Program:
Clients
FREE optional area tours
Customers
Fee based area tours
Agent Match Program:
Tours are only provided if the matched agent is an in house HCHRG agent.
8. Moving Coordinator Service
This optional service provides assistance for buyers who have signed a purchase agreement with HCHRG or a referred brokerage partner.
Services may include:
- Obtaining moving quotes
- Verifying insurance of movers
- Assistance with packing
- Assistance with disposal or donation of items
- Utility provider coordination
First 4 hours are free.
Additional hours may be purchased at $100 per hour.
HCHRG and REAL Broker LLC do not guarantee the quality or outcomes of these services.
9. Service Provider Hotline
Users who close on properties through HCHRG or a referral partner receive 2 years of access to the Service Provider Hotline.
This service helps locate providers such as:
- Fence contractors
- Concrete companies
- Builders
- Utility providers
HCHRG will attempt to provide 0 to 3 potential providers per request.
HCHRG and REAL Broker LLC do not guarantee the work or pricing of these providers.
10. Texas Ben’s Hidden Gems
Properties listed in this section are not affiliated with HCHRG or REAL Broker LLC unless explicitly stated.
These listings are provided by an affiliate known as Texas Ben as part of his private real estate investment activities.
Opinions expressed in this section are his personal views and do not represent HCHRG.
11. Commitment to Transparency and Non Discrimination
Information About Brokerage Services
This form provides general information about brokerage services in Texas.
Users may be asked to initial the form to acknowledge receipt.
Initialing the form does not create a contractual relationship.
Consumer Protection Notice
This form explains how consumers can file official complaints.
12. Legal Disclosures and Disclaimers
A. Disclaimer of Warranties
Our website is provided “as is” and “as available.”
50 Auctions LLC and HCHRG do not guarantee:
- Uninterrupted service
- Error free operation
- Accuracy or completeness of information
The site may contain third party links that are not controlled or endorsed by the company.
B. Limitation of Liability
Neither 50 Auctions LLC nor HCHRG shall be liable for:
- Indirect damages
- Incidental damages
- Special damages
- Consequential damages
resulting from use of the site.
C. Indemnification
Users agree to indemnify and hold harmless 50 Auctions LLC and HCHRG against claims arising from their actions.
D. Dispute Resolution
Complaints regarding real estate services should be directed to the Texas Real Estate Commission.
Disputes unrelated to transactions shall be resolved through arbitration via the American Arbitration Association.
Venue for proceedings will be Travis County, Texas.
E. Legal Fees
The prevailing party in legal action or arbitration may recover reasonable attorney fees and costs.
F. No Third Party Beneficiaries
This agreement applies only to:
- 50 Auctions LLC
- HCHRG
- The User
G. Assignment
Users may not assign or transfer obligations under this agreement.
H. Integration and Severability
This agreement represents the entire understanding between the parties.
If one section is invalidated, the remaining sections remain in effect.
I. Governing Law
This agreement is governed by the laws of the State of Texas.
J. Notice
Notices may be delivered via:
- U.S. Mail
- Express delivery
- Fax
- Email with receipt confirmation