Terms of Service

1. Agreement to Terms

By accessing and using Oklahomey's services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use our services.

Oklahomey is a licensed real estate brokerage providing flat fee Multiple Listing Service (MLS) listing services and optional full-service representation for property sellers in Oklahoma. These terms govern your use of our website and services.

3. Services Description

A. Core MLS Listing Services (All Packages)

• MLS listing preparation and submission
• Listing on MLSOK or MLS Technology Inc, depending on property location
• Syndication to major real estate portals (Zillow, Realtor.com, Trulia, etc.)
• Listing management and updates throughout listing period
• Buyer inquiry forwarding and coordination
• Required forms and disclosure document generation
• Customer support via email, phone, and chat

B. Optional Professional Services

• Professional photography and videography
• Transaction coordination services
• Negotiation support and guidance
• Full-service representation (1% commission option)
• Marketing materials and social media campaigns
• Showing coordination and lockbox services
• Comparative Market Analysis (CMA)

C. Seller Responsibilities

While Oklahomey provides licensed brokerage services, you (the seller) remain responsible for:

• Completing required property disclosures honestly and accurately
• Responding promptly to buyer inquiries and showing requests
• Negotiating offers (unless full-service representation selected)
• Working cooperatively with buyer's agents
• Maintaining property in represented condition
• Coordinating with title company for closing
• Complying with all applicable laws and regulations

D. When to Seek Additional Help

We recommend consulting with:

• Real estate attorney for legal advice and contract review
• Tax professional for tax implications of property sale
• Home inspector for property condition assessment
• Licensed appraiser for independent property valuation

4. Payment Terms

Package Fees: All package fees must be paid in full before your listing is submitted to the MLS. We accept payment via credit card, debit card, or other payment methods as specified on our platform.

Add-On Services: Additional services may be purchased during the listing process or after your listing is active. These fees are in addition to your base package fee and are due upon scheduling or delivery.

Buyer Agent Commission: While our flat fee covers the cost to list your property on the MLS, you are responsible for offering and paying any buyer's agent commission at closing. This commission is typically 2.5-3% of the sale price and is paid from the proceeds of your home sale.

5. Refund Policy

Before MLS Submission: If you cancel your listing before it has been submitted to the MLS, you may be eligible for a full refund minus a $50 processing fee.

After MLS Submission: Once your listing has been submitted to the MLS, our service fee is non-refundable as we have already performed the service of listing your property and incurred MLS fees.

Add-On Services: Add-on services such as photography are generally non-refundable once scheduled or completed. Please contact us within 24 hours of scheduling to discuss cancellation options.

6. User Responsibilities

As a user of Oklahomey's services, you agree to:

• Provide accurate and complete information about your property
• Have the legal right and authority to list the property for sale
• Comply with all applicable fair housing laws and regulations
• Provide truthful descriptions and complete required disclosures
• Respond promptly to showing requests and buyer inquiries
• Maintain the property in the condition represented in the listing
• Notify Oklahomey immediately if your property goes under contract or is no longer for sale
• Use only truthful, non-discriminatory language in all property descriptions

9. Listing Duration and Cancellation

Standard Duration: Your listing will remain active on the MLS for the duration specified in your selected package (6 months for Homey Starter, 12 months for Homey Comfort and Homey Luxe) from the date of MLS activation.

Early Cancellation: If you wish to remove your listing early (e.g., property is sold, taken off market, or circumstances change), please contact us immediately at (918) 973-2727 or hello@oklahomey.com. While the service fee is non-refundable after MLS submission, we will promptly remove your listing from the MLS and all syndicated sites at no additional charge.

Automatic Expiration: At the end of your listing period, your listing will automatically expire and be removed from the MLS unless you contact us to renew your listing.

Sold or Under Contract: You must notify Oklahomey within 24 hours if your property goes under contract or sells. Failure to notify us promptly may result in continued showings and buyer inquiries, which could create legal complications.

10. Limitation of Liability

Oklahomey is a licensed real estate brokerage providing MLS listing services and optional representation. While we provide professional support and guidance, certain responsibilities remain with you as the property seller, including accurate property disclosures, legal compliance, and transaction coordination.

Service Limitations: Oklahomey does not provide legal advice, tax counsel, property appraisals, home inspections, or title services. We recommend consulting appropriate professionals for these specialized services.

Disclaimer of Warranties: To the maximum extent permitted by law, Oklahomey provides services "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages: Oklahomey shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, goodwill, or expected sale proceeds, arising out of or related to your use of our services.

Maximum Liability: Our total liability for any claim arising out of or relating to these terms shall not exceed the amount you paid for our services in the 12 months preceding the claim.

11. Property Information and Photos

Content Ownership: You retain all ownership rights to photos, videos, and content you provide. By submitting content to Oklahomey, you grant us a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute this content on the MLS, our website, syndicated real estate portals, and marketing materials for the purpose of marketing your property.

Representations and Warranties: You represent and warrant that:

• You have the legal right to use all photos and content you provide
• Content does not violate any third-party rights (copyright, trademark, privacy)
• Photos accurately represent the current condition of the property
• Content does not contain false, misleading, or discriminatory information

Photo Accuracy: If you use professional photography or staging, you must disclose this in your listing. Virtual staging or photo enhancements must be clearly labeled.

12. MLS Rules and Regulations

Your listing is subject to the rules and regulations of the applicable MLS (MLSOK or MLS Technology Inc), which govern listing content, accuracy requirements, pricing changes, and listing conduct.

MLS Compliance: You agree to comply with all MLS rules, including:

• Providing accurate property information
• Updating listing status promptly (under contract, sold, etc.)
• Responding to showing requests within MLS timeframes
• Cooperating with buyer's agents in good faith
• Offering compensation to buyer's agents

MLS Enforcement: Violations of MLS rules may result in your listing being removed or suspended by the MLS. While Oklahomey is not responsible for MLS decisions, we will work with you to resolve any compliance issues and restore your listing if possible.

13. Record Retention and Audit Trail

A. Oklahomey Retention (OREC Requirement)

As a licensed brokerage, Oklahomey will retain records of your transaction for a minimum of 5 years as required by Oklahoma Real Estate Commission regulations, including:

• Listing agreements and service contracts
• Property disclosure forms and documents
• Communications with buyers, buyer's agents, and sellers
• Document versions, signatures, and timestamps
• Transaction history and status changes
• Payment records and receipts

B. Your Retention Obligations

You agree to retain copies of all transaction documents, disclosures, communications, and agreements for at least 5 years from the closing date or listing cancellation. These records may be necessary to defend against future claims or disputes.

14. Privacy and Data Protection

Your use of Oklahomey's services is governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information.

Data Security: We implement industry-standard security measures to protect your data, including encryption, secure servers, and access controls. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

15. Electronic Signatures and Documents

You agree that electronic signatures on documents processed through Oklahomey's platform (via DocuSeal or other authorized signature platforms) are legally binding and equivalent to handwritten signatures under:

• Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
• Oklahoma Uniform Electronic Transactions Act

By using our electronic signature services, you consent to conduct transactions electronically and to receive documents in electronic format.

16. Indemnification

You agree to indemnify, defend, and hold harmless Oklahomey, its officers, directors, employees, agents, and affiliated brokers from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees and costs) arising from:

• Your breach of these Terms of Service
• Your violation of Fair Housing Act or other applicable laws
• Inaccurate, incomplete, or misleading property information you provide
• Failure to disclose material defects or required information
• Disputes with buyers, buyer's agents, or other parties
• Your use or misuse of Oklahomey's services
• Infringement of third-party rights (copyright, trademark, privacy)
• Fraud, misrepresentation, or illegal conduct in connection with your listing

17. Dispute Resolution

A. Informal Resolution

Before filing any legal action, you agree to first contact Oklahomey at hello@oklahomey.com or (918) 973-2727 to attempt to resolve the dispute informally. We commit to working in good faith to resolve all concerns.

B. Mediation

If informal resolution fails, parties agree to attempt resolution through mediation administered by a mutually agreed-upon mediator in Tulsa County, Oklahoma. The costs of mediation shall be shared equally.

C. Arbitration

If mediation is unsuccessful, disputes may be resolved through binding arbitration in Tulsa County, Oklahoma, under the Commercial Arbitration Rules of the American Arbitration Association. Each party shall bear its own costs and attorney fees unless the arbitrator awards fees to the prevailing party.

D. Attorney Fees

In any action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney fees and costs from the non-prevailing party.

18. Modifications to Terms

Oklahomey reserves the right to modify these Terms of Service at any time to reflect changes in our services, legal requirements, or business practices.

Notice of Changes: We will notify users of any material changes by:

• Posting the updated terms on our website
• Updating the "Last Updated" date at the top of this page
• Sending email notification to your registered email address for significant changes

Your continued use of our services after modifications constitutes acceptance of the updated terms. If you do not agree to the modified terms, you must discontinue use of our services.

19. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions.

Any disputes arising from these terms shall be resolved in the state or federal courts located in Tulsa County, Oklahoma, and you consent to the personal jurisdiction of such courts.

20. Contact Information

If you have any questions about these Terms of Service or our services, please contact us:

• Brokerage: Oklahomey
• Managing Broker: Stephanie Robesky
• OREC License: #212187
• Email: hello@oklahomey.com
• Phone: (918) 973-2727
• Mailing Address: Tulsa, Oklahoma

21. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable.

22. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Oklahomey's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Entire Agreement

These Terms of Service, together with our Privacy Policy and any listing agreement you execute, constitute the entire agreement between you and Oklahomey regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.