Effective Date: May28, 2025
1. Acceptance of Terms
By accessing or using the services of SetFree Realty LLC (“Company,” “we,” “us,” or “our”), including this website and all related services (collectively, “Services”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”) and all applicable laws. Continued use after changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to these Terms, you must discontinue use immediately.
2. Services Provided
SetFree Realty LLC operates as a cash buyer in real estate transactions. We facilitate the assignment of purchase contracts for properties (“Contract Assignments”) by:
- Identifying off-market or distressed properties.
- Entering into purchase agreements with sellers.
- Assigning equitable interests in these contracts to qualified buyers/investors for an assignment fee.
- Providing marketing, lead generation, and related support services to real estate investors.
We do NOT:
- Act as licensed real estate agents or brokers (unless explicitly stated for licensed jurisdictions).
- Take legal ownership of properties except in limited double-closing scenarios.
- Provide legal, financial, tax, or investment advice.
- Guarantee profits, financing, or property condition.
3. Legal Compliance & Disclosure Obligations
3.1 State-Specific Contract Assignment Compliance
SetFree Realty LLC exclusively operates in jurisdictions where real estate contract assignment transactions are expressly permitted without licensure. By using our services, you confirm compliance with all local regulations.
Permitted Jurisdictions & Requirements
We currently facilitate transactions in these regulated-approved states:
| State | Key Compliance Requirements |
|---|---|
| Texas | • Disclose equitable interest in all contracts • Use TREC-approved contract language • Market only contractual rights (not properties) |
| Arizona | • HB2747 written disclosure before execution • Clear statement of non-ownership • Fee structure transparency |
| Missouri | • No misrepresentation of ownership • Contract must specify assignment terms • No public MLS-style marketing |
| Florida | • Focus marketing on contract rights • No implied brokerage services • Comply with Ch. 475 FS anti-fraud rules |
Prohibited Jurisdictions:
We do not operate in states requiring licensure for contract assignments, including but not limited to: Oklahoma, Illinois, Nebraska, South Carolina.
User Responsibilities:
You must:
- Verify your state’s current assignment laws.
- Disclose all transaction details to counterparties.
- Avoid any marketing implying property ownership.
- Use our approved contract templates exclusively.
Disclaimer:
State laws change frequently. We reserve the right to restrict services in any jurisdiction where regulatory risk emerges, without prior notice.
3.2 Role and Assignment Fees
SetFree Realty LLC explicitly discloses its role as the holder and assignor of equitable interests in contracts. We do not sell real estate property directly or act as brokers unless licensed to do so.
All assignment fees are disclosed as compensation for transferring contractual rights, distinctly separate from real estate commissions, which require licensing.
3.3 Property Condition and “As Is” Clause
Properties are assigned “AS IS” without warranties as to condition, habitability, or legality beyond those contained in the underlying purchase contracts. Buyers/assignees are responsible for independent inspections and due diligence. SetFree Realty LLC disclaims all warranties and liabilities regarding property condition.
4. User Obligations
You agree to:
- Provide accurate, complete, and truthful information in all transactions and communications.
- Comply with all applicable laws, including disclosure and marketing regulations.
- Not engage in fraudulent, deceptive, or illegal activities.
- Hold SetFree Realty LLC harmless from claims arising from your actions or breaches.
5. Communication and Marketing Compliance
5.1 Telephone Consumer Protection Act (TCPA)
SetFree Realty LLC requires prior express written consent before sending automated marketing calls, texts, or AI-generated voice messages. You may opt out at any time by replying “STOP.” We honor the National Do Not Call Registry and do not contact numbers listed there without explicit consent.
5.2 CAN-SPAM Act Compliance
Commercial emails will include clear sender identification, truthful subject lines, our physical address, and a clear unsubscribe mechanism honored within 10 business days.
5.3 Advertising Restrictions
We market contractual interests only, never implying property ownership or licensed brokerage activity. All advertising complies with FTC rules against deceptive practices and applicable state laws.
6. Fees, Payments, and Escrow
- Assignment fees are non-refundable unless expressly agreed.
- Earnest money deposits comply with applicable escrow laws and are held by neutral third parties.
- Payment terms are defined in each contract.
7. Limitation of Liability
To the fullest extent allowed by law, SetFree Realty LLC shall not be liable for:
- Indirect, incidental, special, punitive, or consequential damages.
- Lost profits, investment losses, or damages related to property condition or title defects.
- Amounts exceeding the total assignment fees received in the transaction giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless SetFree Realty LLC and its affiliates from all claims, losses, damages, liabilities, and expenses, including attorney’s fees, arising from your:
- Breach of these Terms.
- Illegal or unauthorized activities.
- Misrepresentations or fraudulent conduct.
- Violations of applicable laws or third-party rights.
9. Data Privacy and Security
Our Privacy Policy governs the collection, use, and protection of your personal information. We comply with applicable data privacy laws, including CCPA, VCDPA, TDPSA, and others, implementing reasonable security measures and providing user rights to access, correct, delete, or opt out of data sharing.
10. Dispute Resolution and Governing Law
10.1 Mediation and Arbitration
Disputes arising under these Terms shall first be submitted to mediation. If unresolved within 30 days, disputes will be resolved by binding arbitration under AAA rules. Arbitration decisions are final and binding. Class actions are waived.
10.2 Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Texas. Exclusive jurisdiction lies in the courts of [County], Texas.
11. Modifications to Terms
SetFree Realty LLC may update these Terms at any time by posting revised Terms on this site with an updated effective date. Continued use constitutes acceptance of the updated Terms.
12. Contact Information
Questions about these Terms may be directed to:
Email: Admin@SetFreeRealty.com
Phone: (832) 900-3452