Open Real Estate terms of use

Who can use Open Real Estate

You must be an adult where you live (18 in most of the United States) and able to agree to these terms. Open Real Estate is for real estate professionals. To publish listings you must hold an active real estate license and verify your MLS membership in the app. Until you're verified, you can still search, receive listings, connect with pros and join groups.

Your account

• Keep your email secure — we sign you in with links sent to your email, so anyone who can read your email can sign in as you. Don't forward sign-in links, and tell us at help@mlsassistant.com if you think someone else has used your account.
• Keep your profile accurate — your name, brokerage and contact details are shown with every listing you publish.
• Verify only yourself — verify only your own MLS record, and don't pose as another agent, brokerage or MLS. We may remove a verification that looks wrong.
• One person per account — don't let others use your account, and don't use theirs.

Your listings

When you publish a listing, you confirm that:

• You may advertise it — you or your brokerage represent the seller or landlord, they've agreed to the property being advertised, and your brokerage allows you to publish it.
• It's accurate — nothing in it is false or misleading, and you'll update or remove it when that changes — when it goes under agreement, sells, rents or is withdrawn.
• You have the rights to it — you own its photos, videos, floor plans and remarks, or have permission to use them.
• It follows the rules — it complies with the license law and advertising rules where the property is, with fair housing law, and with the rules of every MLS you belong to — including any rules about where you may show listings you've submitted to an MLS. Open Real Estate doesn't change what those rules require of you.

You choose each listing's audience, and you're responsible for that choice. A Public listing can be seen by anyone with its link and appears on your house page at mlsassistant.com.

You keep ownership of what you publish. You give us a worldwide, non-exclusive, royalty-free license to store, copy, format, display and deliver it — to the audience you choose, in listing files you or others share, and in the copies and backups we need to run the service. We use that license only to run Open Real Estate and to deliver your listings as you direct. It ends when you delete the listing, except for copies already shared and backups awaiting deletion.

Other pros' listings

A listing published by another pro belongs to them. You may show it to your clients and to other pros to buy, sell or rent the property, but don't advertise or republish it — on a website, portal or social media — without that pro's permission, and never change who it names as the listing agent or brokerage.

Any arrangement between pros about a property, including cooperation or compensation, is between them. We aren't a party to it, and we don't guarantee it.

Listing files

A .plf listing file holds a copy of one listing as it was when published. Whoever has the file can forward it anywhere, and we can't recall copies. Opening a file in Open Real Estate checks the live listing, and its current details are shown only to the listing's audience. A file's own copy may be out of date: rely on the live listing, or ask its agent.

Groups and connections

A group's admins set its rules, decide who can join, and may approve or remove posts and members. Admins are responsible for keeping their group's rules lawful, including under fair housing law. Groups for MLS PIN agents and for each office fill themselves from verified MLS records, and we run them. We may remove a group, post or connection that breaks these terms.

MLS listings

Listings in search that come from MLS PIN are supplied by MLS Property Information Network, Inc. through Bridge Interactive and shown under the MLS's rules. The MLS owns that data and its copyright. Don't copy, scrape or redistribute it except as those rules allow.

The property listing data and information, or the Images, set forth herein were provided to MLS Property Information Network, Inc. from third party sources, including sellers, lessors and public records, and were compiled by MLS Property Information Network, Inc. The property listing data and information, and the Images, are for the personal, non-commercial use of consumers having a good faith interest in purchasing or leasing listed properties of the type displayed to them and may not be used for any purpose other than to identify prospective properties which such consumers may have a good faith interest in purchasing or leasing. MLS Property Information Network, Inc. and its subscribers disclaim any and all representations and warranties as to the accuracy of the property listing data and information, or as to the accuracy of any of the Images, set forth herein.

We authorize MLS employees, MLS members and their authorized representatives to use Open Real Estate to verify compliance with MLS rules and to monitor how participants' listings are shown.

What you may not do

• Post anything illegal, false, defamatory, obscene or harassing, or anything that discriminates against anyone in housing.
• Post spam, scams or advertising unrelated to real estate, or use other members' contact details for marketing they didn't ask for.
• Post someone else's private information, or content you don't have the rights to.
• Get around who a listing is shared with, or reach anything you haven't been given access to.
• Scrape, crawl or bulk-download Open Real Estate — search engines may index its public pages — or copy, modify, reverse-engineer or resell the app or the website.
• Interfere with or overload the service, or use it to break the law.

Equal housing opportunity

We support the U.S. policy for the achievement of equal housing opportunity throughout the Nation. We affirm advertising and marketing in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.

Messages we send

We email you sign-in links and notices about your account, listings, leads, connections and groups, and we text a code to the number you choose when you verify your MLS record. If you allow notifications, the app sends them too; turn them off in the iPhone's Settings app. Your carrier's message and data rates may apply. When someone requests a tour or sends a message about your listing, we pass it on to you; handle it lawfully, including the laws on calling and texting consumers.

Our software and trademarks

The app, this website, and their software and design belong to us or our licensors. We give you a personal, non-transferable license to use them under these terms; we keep every other right. Your license to the app itself comes from Apple's Licensed Application End User License Agreement, and these terms add to it. Apple isn't a party to these terms and isn't responsible for Open Real Estate or its support.

MLSAssistant, www.realestate, www/re and Lorreta® are trademarks of WWW.REALESTATE Inc. Apple, iPhone and App Store are trademarks of Apple Inc. REALTOR® is a trademark of the National Association of REALTORS®. Other marks belong to their owners.

Other services and sites

Maps and address suggestions come from Google Maps, under Google's terms. Listings and profiles can link to other websites. We don't control those sites, and their own terms and privacy policies apply.

Ending your account

You can delete your account at any time: in the app, tap More, then Account, then Delete Account. Our Privacy Policy explains what that removes. We may suspend or close an account, remove content, or withdraw a verification, with or without notice, if we believe it breaks these terms, the law or MLS rules, or to protect others. What these terms say about shared copies, disclaimers, liability, indemnity and disputes still applies after an account ends.

Disclaimers

Listings, profiles and posts come from the pros who publish them and from MLSs. We don't check them for accuracy, so verify anything that matters to a decision. Verification confirms only that an account holder entered a code we texted to a number on an MLS record — not who they are, or that their license is current. Open Real Estate is a technology service: it isn't an MLS or a party to anyone's transaction.

WE PROVIDE OPEN REAL ESTATE “AS IS” AND “AS AVAILABLE”. WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS, AND, TO THE FULLEST EXTENT THE LAW ALLOWS, WE AND OUR SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. WE DON'T GUARANTEE THAT THE SERVICE WILL WORK WITHOUT INTERRUPTION OR ERRORS, OR THAT ANY MESSAGE, LISTING OR FILE WILL BE DELIVERED. WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SOME JURISDICTIONS DON'T ALLOW THESE DISCLAIMERS IN CONSUMER CONTRACTS, SO SOME OF THEM MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THESE TERMS OR YOUR USE OF OPEN REAL ESTATE, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE, AND WHETHER THEY ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE, TO THE EXTENT THE LAW ALLOWS. IF YOU ARE DISSATISFIED WITH OPEN REAL ESTATE OR THESE TERMS, OR HAVE ANY DISPUTE WITH US ABOUT THEM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OPEN REAL ESTATE AND DELETE YOUR ACCOUNT.

Indemnity

You agree to indemnify us and our affiliates, and hold us harmless, against all damages, losses and costs, including reasonable attorneys' fees, from third-party claims, charges and investigations caused by your breaking these terms, by the listings and other content you publish or share, or by anything you do using Open Real Estate.

Disputes

Any claim or controversy arising out of or relating to Open Real Estate, or to any act or omission for which you contend we are liable, including whether it must be arbitrated (a “Dispute”), will be settled finally and exclusively by arbitration before one arbitrator under the arbitration rules of the National Association of REALTORS® then in force. The arbitration will be held in Yarmouth, Massachusetts, by the Cape and Islands Association of REALTORS®, with the arbitrator chosen under those rules or from that association's list. A party begins it with a written demand. Filing and other non-award costs are shared equally, and the losing party pays the arbitrator's fee. The arbitrator may award only actual compensatory damages — not multiplied, consequential, punitive or exemplary damages, which each party waives — and an award may be entered as a judgment in any court in Yarmouth, Massachusetts with jurisdiction. Disputes may not be joined or consolidated with anyone else's. If a law conflicts with these rules, the conflicting rule is dropped, the rest still apply, and the arbitrator decides how to fill any gap.

If arbitration doesn't apply or can't be enforced, or in any lawsuit between you and us, the state and federal courts in Boston, Massachusetts have exclusive jurisdiction. In any Dispute or lawsuit, the prevailing party may recover reasonable attorneys' fees.

Copyright complaints

If you believe something on Open Real Estate infringes your copyright, send our Copyright Agent your name, address, phone number and email address; the work you believe is infringed; the material you believe is infringing and where it is (a link, or the listing ID); a statement that you believe in good faith that the use isn't authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act for them; and your physical or electronic signature.

If material you posted was removed and you believe in good faith that it was a mistake or misidentification, send the Copyright Agent a counter-notice with your signature; what was removed and where it appeared; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; and your name, address and phone number, with a statement that you consent to the jurisdiction of the federal district court where you are (or, outside the United States, any district where we may be found) and will accept service from the person who sent the notice.

Send notices to Copyright Agent, WWW.REALESTATE Inc. Legal Department, 464 Commonwealth Avenue, Suite 11, Boston, MA 02215, or dmca@mlsassistant.com. We remove or disable material when we receive a valid notice, and close the accounts of repeat infringers when appropriate.

General terms

• Changes — when we change these terms, we'll update this page and its effective date. If a change is material, we'll tell you in the app or by email before it takes effect. If you don't agree, you can stop using Open Real Estate and delete your account.
• Testing — these terms also cover test and pre-release versions of the app, such as TestFlight builds.
• Severability — if any part of these terms is found unenforceable, it will be modified to the minimum extent needed to make it enforceable, and the rest still applies.
• Entire agreement — these terms and the Privacy Policy are the whole agreement between you and us about Open Real Estate, and replace any earlier ones.
• No waiver — if we don't act on a breach, we can still act on it, or on later ones.
• No injunctions — you won't seek rescission, an injunction or other equitable relief to stop Open Real Estate from operating.
• Assignment — you may not transfer your rights or obligations under these terms. We may transfer ours, fully or partly, including to a company that takes over Open Real Estate.
• Outside the United States — Open Real Estate is run from Boston, Massachusetts. If you use it from elsewhere, you're responsible for following local law, and you may have rights there that these terms don't list. The app is subject to U.S. export controls.

Contact us

Email help@mlsassistant.com, or write to WWW.REALESTATE Inc., Attn: Legal Department, 464 Commonwealth Avenue, Suite 11, Boston, MA 02215. For help with the app, see Support.