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Agent Terms and Conditions



Home Expert Connect Referral Network

A. Overview

This Agreement establishes and defines a referral arrangement between you ("you", "Receiving Agent") and Home Expert Connect (“HEC”, “HEC, LLC"). These Terms and Conditions ("Terms") govern the referral process between HEC and the Receiving Agent.

B. Definitions

1. "Agent" means a licensed real estate professional who acts as an agent for the purchase or

sale of real property.

2. “HEC Agent Assignee” means the licensed person or person(s) designated by HEC who can legally accept a referral fee from Receiving Agents. As of the time of this writing, said assignee shall be Home Expert Connect’s founder, Kyle Fuchs, who is a licensed Real Estate Salesperson with the State of Ohio (OH license #2022003946).

3. "Receiving Agent" means the Agent who receives a Referral from HEC.

4. "Gross Commission" means the amount a Referral Agent receives following a Completed Transaction prior to any splits or concessions with any other brokers or Agents for the referred side of the transaction.

5. "Client" or "Referral" means the prospective buyer or seller of residential real estate referred to Receiving Agent by HEC.

6. "Completed Transaction" means the close of a real estate transaction involving a Client and a Receiving Agent.

7. "Referral Percentage" means the percentage of the Gross Commission that will be paid by the Receiving Agent to HEC.

8. "Referral Fee" means the dollar amount due or paid to HEC by the Receiving Agent as the result of a Completed Transaction.

C. Representations and Obligations

  1. By Receiving Agent

As the Receiving Agent you agree to the following terms for each referral you receive from HEC.

  1. Receiving Agent represents and warrants that Receiving Agent is (i) a licensed real estate agent in the state(s) in which they operate, (ii) has the legal authority to enter into this agreement, (iii) shall be solely responsible for complying with all applicable laws, including state and local law requirements and (iv)shall conduct its business with Clients a professional manner.

  2. You acknowledge that you have obtained your broker's permission to use HEC's Referral Network if you are required to work or be employed under a broker.

  3. You agree to pay HEC a Referral Fee for each Referral you receive from HEC that results in a Closed Transaction within two years (24 months) of receiving the Referral. As of 2024, the percentage is 30% of the gross commission on the transaction (including transaction fees) and is subject to change upon written authorization of HEC. This percentage will be specified for each individual Referral prior to acceptance and is not negotiable unless otherwise specified, documented, and agreed upon by HEC.

  4. If you assist a client with the sale of one property and the purchase of another, you agree to pay the same Referral Fee described above for both transactions.

  5. You agree that you will not refer Clients to any other agent or broker, for any reason, without the written consent of HEC. If you refer the Client to another broker or agent for any reason without HEC's consent, you or your Broker shall be responsible for the Referral Fee according to the Terms of this Agreement.

  6. In the event that you represent both a buyer and seller on the same transaction (i.e., dual agency) and one party is a HEC Referral, the Referral Fee will be paid on one half (½) of the total Gross Commission of the Closed Transaction.

  7. In the event that you receive a Referral from HEC with whom a pre-existing relationship between you and the Client has been established in the past thirty (30) days, no Referral Fee may be due to HEC. In such cases, you must provide proof of the pre-existing relationship to HEC. Evidence determined as satisfactory shall be determined by HEC and may include items such as, but not limited to: Client conversations, emails, SMS messages, signed agreements, etc. NOTE: Automated communications do not constitute a relationship with said Client.

  1. By HEC

    1. HEC represents that (i) HEC has the legal authority to enter into this Agreement; and (ii) HEC is NOT a licensed real estate broker and can NOT legally collect Referral Fees from the Receiving Agent.

    2. HEC shall assign at our sole discretion, a licensed real estate salesperson (designated as “HEC Agent Assignee”) to collect all agent referral fees.

  1. By HEC Agent Assignee

    1. ALL parties including, but not limited to, HEC and/or Receiving Agent agree (i) to hold harmless the HEC Agent Assignee(s) against any and all liability and claims; and (ii) Understand that the sole purpose of the HEC Agent Assignee is to serve as a licensed intermediary for the collection of any and all referral fees from the Receiving Agent. It is further understood that the HEC Agent Assignee is permitted to receive said fees as a licensed Real Estate Salesperson under the State of Ohio and shall comply and continue to be in good standing with all license requirements.

    2. It is understood and agreed upon that any references of a referral fee being paid, payable, received, or similar, to HEC in this agreement, website, or other, shall be understood as being payable to the HEC Agent Assignee.

D. Payment of Referral Fees

  1. You agree to pay the Referral Fee directly from escrow, which as of this writing, is addressed to:

    Haynes Holding Company

    4349 Talmadge Road

    Toledo, OH 43623

    1. If the Referral Fee owed to HEC Agent Assignee is not received within ten (10) calendar days of the close of escrow by a Referral, you agree that you or your Broker shall pay an additional 5% of the Gross Commission (the "Late Fee") to the HEC Agent Assignee.



    E. LIMITATION OF LIABILITY


    UNDER NO CIRCUMSTANCES SHALL HEC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF BUSINESS OR LOST PROFITS OR GOODWILL, (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM (i) THE PARTICIPATION IN THE REFERRAL NETWORK OR ANYOTHER HEC SERVICE OR WORK PRODUCT, OR (ii) ANY BREACH OF THIS AGREEMENT BY HEC, LLC. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS - EVEN IF HEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND/OR DAMAGES. WITH RESPECT TO DIRECT DAMAGES, RECEIVING AGENTS REMEDY IS LIMITED TO THE REFUND OF REFERRAL AGENTS REFERRAL FEE. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

    F. INDEMNIFICATION

    Receiving Agent shall defend, indemnify, save and hold HEC, its affiliates, and their respective officers, directors, employees, managers, members, owners, contractors, representatives, successors and assigns harmless from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney's fees, whether asserted or threatened (collectively, any "Actions") that arise from or are related to (i) Receiving Agent's participation in the HEC Referral Network; (ii) breach of this Agreement by Receiving Agent; (iii) any TCPA violations by Receiving Agent or any claims of a Client being contacted by Receiving Agent without proper consent; or (iv) any RESPA violations by Receiving Agent. HEC shall have the right to participate in the defense or settlement of any such Action at its own expense and with counsel of its choosing. Receiving Agent may not settle any Action without HEC's consent and HEC, by written notice to Receiving Agent, may elect to undertake its own defense and settlement of any Action; provided, however, in such event, Client's defense obligations with respect to that Action (but not with respect to any other Action) will be deemed excused.

    G. INDEPENDENT CONTRACTOR.

    In making and performing this Agreement, HEC shall be deemed to be acting as a vendor or independent contractor of Receiving Agent. Neither party shall be deemed a principal, agent, legal representative, joint venture or partner of the other. Neither party is authorized to bind the other to any obligation, affirmation or commitment with respect to any other person or entity. In addition, neither party's employees shall be deemed to be employees of the other party for any purpose whatsoever.

    H. FORCE MAJEURE.

    HEC shall not be liable to Receiving Agent for non-performance of or delay in performing its obligations hereunder to the extent that performance is rendered impossible by strike or other form of industrial action, riot, war, acts of God, earthquake, fire, flood, governmental acts or orders or restrictions, failure of suppliers, internet service provider failures, denial of service attacks and the like, cyber-attacks and the like, any virus or other nefarious software or any other reason to the extent that the failure to perform is beyond the reasonable control of HEC.

    I. GENERAL

    This Agreement (all documents and URLs referenced herein and the Policies) constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties, whether written or oral. Receiving Agent may not assign this Agreement or its rights hereunder to any third party without the prior written consent of HEC. This Agreement shall be binding upon, and inure to the benefit of, Receiving Agent and HEC and their respective heirs and permitted successors and assigns, and legal representatives, including but not limited to any successors to the business of HEC. In the event that any portion of this Agreement is determined to be invalid under any applicable law by a court of competent jurisdiction, such provision shall be deemed void, and the remainder of this Agreement shall continue in full force and effect. All notices, requests and demands and other communications required hereunder must be in writing (including email) and delivered to Home Expert Connect, LLC at 760 Old 122 Road, Lebanon, OH 45036 (or as otherwise indicated by the party in writing). Ohio law shall govern the interpretation and implementation of the Agreement and the resolution of any dispute between the parties arising from or relating to the Agreement. The parties agree that the state and federal courts of Warren County, Ohio, shall have exclusive venue and jurisdiction over any and all disputes arising out of or relating to this Agreement, including the formation hereof. No failure or delay by any party in this Agreement to enforce any right specified in this Agreement will operate as a waiver of such right, nor will any single or partial exercise of a right preclude any further or later enforcement of the right. The provisions of Sections C, D, E, F, and I shall survive termination of this Agreement but shall not extend any statutory limitation period.

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