Legal
Terms of Service
Effective date: [to be set before launch]
Welcome to DIY Residential (“DIY Residential,” “Company,” “we,” “our,” or “us”), operated by Music City Partners, LLC d/b/a DIY Residential, a licensed Tennessee real estate firm (firm license no. [to be added]).
By accessing, registering for, or using the DIY Residential website, platform, mobile applications, services, tools, features, or products (collectively, the “Platform”), including listing a property for sale, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Platform. These Terms incorporate the Privacy Policy by reference.
1. Eligibility
By using the Platform, you represent and warrant that:
- You are at least eighteen (18) years old.
- You have legal authority to enter into binding agreements.
- You own the property being listed or have legal authority from the owner to act on their behalf.
- All information you provide is true, accurate, current, and complete.
- Your use of the Platform complies with all applicable federal, state, and local laws.
DIY Residential reserves the right to suspend or terminate accounts for inaccurate or misleading information.
2. Platform Purpose
DIY Residential provides technology tools, listing services, educational resources, marketing tools, data-driven recommendations, and transaction-facilitation services intended to help users market and sell real estate. DIY Residential is a technology platform and marketplace operated by a licensed Tennessee brokerage.
Unless expressly stated otherwise in a separate signed agreement, DIY Residential does not guarantee: a sale; property values; offers or buyer qualifications; or transaction outcomes. DIY Residential does not act as your attorney, tax advisor, appraiser, financial advisor, or fiduciary.
2A. Brokerage Relationship & Limited Services
Music City Partners, LLC d/b/a DIY Residential is the real estate firm/broker of record for listings transacted on the Platform in Tennessee. The Platform is a self-directed, limited-service offering: you market and manage the sale of your own property using our tools and brokerage support, rather than engaging a traditional full-service listing agent. DIY Residential is not your exclusive agent and owes you no agency or fiduciary duties beyond those required by Tennessee law for the limited services actually provided, unless a separate written agency agreement is signed. You are responsible for your own pricing, negotiation, and acceptance decisions. Any required Tennessee agency-relationship disclosures will be provided separately and govern where they conflict with this summary.
3. No Legal, Financial, Tax, or Professional Advice
Information provided on the Platform — including automated recommendations, property valuations, pricing ranges, staging suggestions, legal forms, disclosures, educational content, and marketing suggestions — is provided for informational purposes only. You acknowledge that automated, data-driven outputs may contain inaccuracies; that automated valuation estimates are not appraisals; that property values may vary significantly; and that you should seek independent legal, tax, accounting, and professional advice before making decisions. DIY Residential disclaims liability arising from reliance on information provided through the Platform.
4. Property Listing Representations
By listing a property, you represent and warrant that you own the property or have authority to market it; have disclosed all known material facts affecting the property; will comply with all disclosure requirements; will provide accurate photographs and information; and will not knowingly provide false or misleading information. You understand that misrepresentation may result in removal of your listing; that DIY Residential may remove listings at its sole discretion; and that DIY Residential may report suspected fraud or unlawful activity.
5. Fair Housing Compliance
You agree to comply with all applicable fair housing laws, including the federal Fair Housing Act, Tennessee housing laws, and local anti-discrimination laws. You may not post content or listings that discriminate based on race, color, religion, sex, disability, familial status, national origin, or any other class protected under applicable law. DIY Residential may immediately remove violating content.
6. User Content License
You retain ownership of content you submit (photographs, videos, property descriptions, documents, and marketing materials). By submitting content, you grant DIY Residential a non-exclusive, worldwide, royalty-free license to display, reproduce, modify, enhance, publish, distribute, and market such content for the purposes of operating and promoting the Platform. This license ends when you remove the content or close your account, except for content already distributed to third parties (e.g., MLS/IDX) or retained as required by law.
6A. Copyright Complaints (DMCA)
If you believe content on the Platform infringes your copyright, send a notice to our designated agent ([designated agent — to be added]) with the information required by 17 U.S.C. § 512(c). We will respond to valid notices and may remove infringing content and terminate repeat infringers.
7. Automated & Data-Driven Tools
DIY Residential may provide automated valuations, generated listing descriptions, image enhancement, virtual staging, offer-comparison aids, condition analysis, and marketing suggestions. You acknowledge that these outputs are estimates only, may contain errors, require your own human review, and that DIY Residential makes no representations regarding their accuracy.
7A. Platform Intellectual Property
The Platform, including its software, design, trademarks, service marks, logos, and the “People Over Percentage” brand, is owned by DIY Residential / Music City Partners, LLC. These Terms grant you no right to use our marks or branding without prior written permission.
8. No Guarantee of Buyers, Offers, or Results
DIY Residential does not guarantee the number of views, leads, showings, offers, sale price, time on market, or closing success. Past performance does not guarantee future results.
9. Third-Party Services
The Platform may connect you with lenders, inspectors, photographers, attorneys, escrow/title companies, contractors, investors, and other vendors. DIY Residential does not control these third parties and does not warrant their quality, performance, licensing, availability, or outcomes. You engage third-party providers at your own risk.
10. Identity Verification & Security
You authorize DIY Residential to verify your identity and property-ownership information. We may request government identification, property-ownership documentation, email verification, phone verification, and other security measures, and may suspend accounts pending verification. Identity documents are handled as described in the Privacy Policy.
11. Prohibited Uses
You agree not to: commit fraud; upload false listings; misrepresent ownership; violate laws; upload malicious code; circumvent platform safeguards; interfere with platform functionality; harvest user information; or use the Platform for any unlawful purpose. Violations may result in immediate termination.
11A. Suspension & Termination
DIY Residential may suspend or terminate your access for any violation of these Terms or applicable law, or to prevent harm. You may close your account at any time. On termination, your right to use the Platform ends; we may retain records as required by law and as described in the Privacy Policy. Sections that by their nature should survive (including §§3, 6, 7A, 8, 12, 13, 14, 15) survive termination.
12. Fees, Payments & Refunds
Use of certain Platform services requires payment of fees, which will be clearly disclosed before you incur them. Sellers pay a total listing charge of $1,395: a $197 activation fee payable before a listing is published, plus a $599 document handling, storage, and compliance charge and a $599 transactional charge. The $197 activation fee is processed by our third-party payment processor (Stripe) and is non-refundable; the two $599 charges are collected by the title company on the settlement statement at closing and are due only if the property sells. Buyers pay a $49 fee when submitting an offer (refunded if the transaction does not close) and a $350 transaction fee collected by the title company on the settlement statement at closing. Fees are non-refundable except where required by law, expressly stated at the point of sale, or as described above. You authorize us and our processor to charge the payment method you provide for fees processed in-app. We may change fees prospectively with notice; changes do not affect fees already incurred.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIY Residential, Music City Partners, LLC, and its owners, managers, employees, affiliates, partners, and agents shall not be liable for lost profits, lost opportunities, business interruption, property damages, transaction disputes, buyer or seller conduct, data loss, errors or omissions, inaccuracies in automated estimates, or any indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability for any claim shall not exceed the greater of (a) the fees you paid to DIY Residential in the twelve (12) months preceding the claim, or (b) US $100. Nothing in these Terms limits liability that cannot be limited under applicable law.
14. Indemnification
You agree to defend, indemnify, and hold harmless DIY Residential, Music City Partners, LLC, and its owners, members, officers, employees, affiliates, successors, and agents from claims arising from your content, your property information, your conduct, your violation of these Terms, transaction disputes, or your violation of any law. This does not apply to claims arising from our own negligence or willful misconduct.
15. Dispute Resolution & Arbitration
Any dispute arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered in Tennessee, except claims that may be brought in small-claims court. You and DIY Residential waive the right to a jury trial and to participate in class actions or representative proceedings. These Terms are governed by the laws of the State of Tennessee, excluding its conflict-of-laws rules.
16. Privacy
Your use of the Platform is also governed by the DIY Residential Privacy Policy, which is incorporated into these Terms by reference.
17. Electronic Communications & Consent
By creating an account, you consent to receive communications from us electronically, primarily by email, and you agree that electronic signatures, agreements, and acceptances are legally binding to the fullest extent permitted by the federal E-SIGN Act and Tennessee’s Uniform Electronic Transactions Act. If we offer SMS/text notifications in the future, they will require your separate opt-in, and message-and-data rates may apply; you may opt out at any time.
18. Modifications
DIY Residential may modify these Terms at any time. We will post the updated Terms with a new effective date and, for material changes, provide reasonable notice. Continued use after an update constitutes acceptance.
19. Severability & Entire Agreement
If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain in full force. These Terms, together with the Privacy Policy and any separately signed agreements, constitute the entire agreement between you and DIY Residential regarding the Platform.
20. Contact
Questions about these Terms: admin@diyresidential.com · Music City Partners, LLC d/b/a DIY Residential · [business address — to be added].