Terms & conditions
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T&C Contents
Between KARDNL Referrals and Clients
Between KARDNL Referrals and Real Estate Agents
$500 Incentive Payment to Client After Closing
Between KARDNL Referrals and Clients
Last Updated: 4/2/2025
These Terms and Conditions (“Agreement”) govern the relationship between KARDNL Referrals (“Agency”) and any referred client (“Client”) who receives a referral from the Agency. By accepting a referral from the Agency, the Client agrees to be bound by the terms set forth herein.
1. Scope and Relationship
a. This Agreement is exclusively between KARDNL Referrals and the Client.
b. Upon the Client being referred to a real estate agent by the Agency and subsequently signing a representation agreement with the referred agent, all liabilities and obligations arising from the Client’s real estate transaction shall be solely between the Client, the referred agent, and the agent’s broker. The Agency shall have no liability whatsoever for any issues, disputes, or claims arising from the referred agent’s initial representation or any subsequent real estate transaction.
2. Limitation of Liability
a. The Agency is not responsible for, and expressly disclaims, any liability for errors, omissions, or misrepresentations made by the referred agent, the agent’s broker, or any third parties involved in the Client’s real estate transaction.
b. Under no circumstances shall the Agency be held liable for any direct, indirect, incidental, consequential, or punitive damages arising from the Client’s use of the referral service or the real estate transaction process.
3. Indemnification
The Client agrees to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
a. The Client’s engagement with the referred agent;
b. Any dispute, claim, or litigation between the Client and the referred agent or the agent’s broker; or
c. Any violation of this Agreement by the Client.
4. Dispute Resolution
a. Mediation: In the event of any dispute or disagreement arising from or related to this Agreement, the parties agree to first attempt to resolve the dispute through mediation in good faith before initiating any formal legal proceedings.
b. Arbitration: If mediation does not result in a resolution, the parties agree that any dispute shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Houston, Texas, and the decision rendered by the arbitrator shall be final and binding on all parties.
5. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Harris County, Texas, and the parties hereby consent to the personal jurisdiction and venue of such courts.
6. Modification of Terms
The Agency reserves the right to modify, suspend, or terminate this Agreement, including any of its terms and conditions, at any time without prior notice. Continued participation in the referral process by the Client constitutes acceptance of any modifications to this Agreement.
7. Additional Provisions
a. Confidentiality: Both parties agree to maintain the confidentiality of any proprietary or confidential information exchanged in connection with this Agreement.
b. Data Privacy: The Agency will handle Client data in accordance with applicable data privacy laws. By participating in the referral process, the Client consents to the collection, use, and disclosure of personal data as outlined in the Agency’s Privacy Policy.
c. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
d. Entire Agreement: This Agreement constitutes the entire agreement between the Agency and the Client regarding the subject matter herein and supersedes all prior agreements or understandings, whether written or oral.
Between KARDNL Referrals and Real Estate Agents
Last Updated: 4/2/2025
1. Definitions.
a. "Referral Fee" means a fee equal to 0.8% of the total sales price of any real estate transaction consummated with a client referred by KARDNL Referrals.
b. "Referred Client" refers to any client introduced to the Referred Agent by KARDNL Referrals.
c. "Referred Agent" denotes any real estate agent who receives a client referral from KARDNL Referrals.
2. Referral Fee Payment Terms.
a. The Referred Agent agrees to pay the Referral Fee upon the successful closing of a transaction involving a Referred Client.
b. The Referral Fee shall be calculated based on the total sales price of the transaction. For example, for a transaction priced at $300,000, the fee would amount to $2,400.
c. In cases where the referred client requires both listing and buyer representation services, KARDNL Referrals shall receive a Referral Fee equal to 0.8% of the total sales price for each transaction. For instance, if the client's listing transaction is priced at $300,000 and their buyer transaction is also priced at $300,000, KARDNL Referrals would receive $2,400 for the listing and an additional $2,400 for the buyer representation, totaling $4,800.
d. Payment is due in full within ten (15) business days following the closing date of each transaction.
e. No Referral Fee shall be payable to KARDNL Referrals if the transaction is not consummated; with the exception of any actions expressed in Section 4. (Exclusivity and Prohibition on Transfer of Referred Clients).
3. Representations and Warranties.
a. The Referred Agent represents and warrants that they are duly licensed and in good standing under applicable Texas law, including the provisions of the Texas Real Estate License Act (Texas Occupations Code, Chapter 1101) as administered by the Texas Real Estate Commission (TREC).
b. KARDNL Referrals warrants that all referral services provided hereunder are rendered in compliance with all applicable federal, state, and local laws and regulations.
4. Exclusivity and Prohibition on Transfer of Referred Clients.
a. A referred client provided by KARDNL Referrals is deemed exclusively assigned to the initially designated Referred Agent for purposes of primary real estate representation. The Referred Agent shall not, without the prior written consent of KARDNL Referrals, refer, assign, or otherwise transfer the referred client to any other agent or brokerage.
b. In the event that the Referred Agent breaches this exclusivity by transferring or referring the referred client to another agent or brokerage, the Referred Agent with Referred Agent’s Broker shall immediately incur an obligation to pay KARDNL Referrals an amount equal to 0.8% of the referred client’s stated maximum budget for the intended transaction. This fee shall be deemed due and payable at the time of such unauthorized transfer or referral.
c. The fee outlined in Section 4(b) is in addition to any other Referral Fees or amounts otherwise due under these Terms and Conditions, and its imposition shall be without prejudice to any other remedies available to KARDNL Referrals under this Agreement or applicable law.
d. The provisions of this Section are designed to safeguard the integrity of the referral process and ensure that KARDNL Referrals retains its exclusive rights in connection with the referred clients it introduces.
5. Indemnification.
The Referred Agent shall indemnify and hold harmless KARDNL Referrals, its affiliates, officers, directors, and employees from and against any and all claims, liabilities, losses, or damages (including reasonable attorneys’ fees) arising from the Referred Agent’s failure to comply with these Terms and Conditions, applicable TREC rules/laws, or any applicable legal requirements.
6. Governing Law and Jurisdiction.
a. This Agreement and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to its conflict of law provisions.
b. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the appropriate state or federal courts located within Texas.
7. Miscellaneous.
a. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.
b. No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
c. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Electronic Signatures.
The parties agree that this Agreement may be executed by electronic means, and such execution shall have the same legal effect as a handwritten signature in accordance with the Uniform Electronic Transactions Act as adopted in Texas.
By engaging in any referral transactions, the Referred Agent acknowledges and agrees to be bound by the terms set forth above.
9. Discretion and Non-Discrimination.
a. KARDNL Referrals reserves the right, in its sole discretion, to determine which agents it will work with and may deny any agent for any legal reason it deems necessary, provided that such decisions are not based on discriminatory practices.
b. Under no circumstances shall KARDNL Referrals discriminate against any agent or prospective agent on the basis of race, color, religion, sex, national origin, age, disability, or any other status protected under applicable federal, state, or local laws.
10. Termination of Relationship.
a. Should the Referred Agent elect to terminate their relationship with KARDNL Referrals, such termination may be effected at any time and for any reason by delivering written notice, which shall become effective upon receipt.
b. Notwithstanding termination, the Referred Agent shall remain obligated to remit any referral fees or other fees related to real estate transactions with clients referred by KARDNL Referrals, in strict accordance with the terms set forth in the relevant agreements, including any timeframes for payment as originally agreed.
c.This obligation shall survive termination and remain in full force and effect.
By accepting any referrals from KARDNL Referrals, the Agent acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
$500 Incentive Payment to Client After Closing
Last Updated: 4/2/2025
1. Eligibility and Scope
a. This incentive offer ("Offer") is available exclusively to clients referred by KARDNL Referrals ("Agency") through its designated referral process for initial residential real estate transactions.
b. The Offer applies solely to residential purchase and/or sale transactions. Rental and commercial transactions are expressly excluded.
c. A referred client may receive the incentive only once per referred transaction. In the event that a client both sells and purchases a home through the referred agent specified in the initial referral, the client shall be entitled to receive $500 upon closing of the sale and an additional $500 upon closing of the purchase, for a total of $1,000.
d. Commission Requirement: The incentive is only valid if the KARDNL referred agent receives a commission equal to or exceeding 2% of the final sales price. Should the commission fall below this threshold, the incentive shall be rendered null and void.
2. Confirmation of Transaction Completion
a. The disbursement of the incentive is contingent upon the successful closing of the qualifying transaction.
b. Confirmation of the completed transaction shall be provided by either the referred real estate agent or the title company handling the closing, as acceptable evidence of transaction completion.
c. In addition, the client must submit a copy of the closing statement, which shall serve as verification that the transaction is fully funded and closed.
3. Payment Terms and Process
a. Upon receipt of confirmation and the required documentation, Agency will process the incentive payment within 10 days from the date of receiving all necessary documents.
b. Payments shall be made only after Agency’s review and verification of the submitted documentation, at the sole discretion of Agency.
4. Fraud Prevention and Misrepresentation
a. Any attempt to obtain the incentive by submitting fraudulent documentation or misrepresenting facts regarding the transaction shall result in immediate disqualification from the Offer and forfeiture of any incentive payment.
b. Agency reserves the right to take legal action against any party found to have engaged in fraudulent activity or misrepresentation in connection with this Offer.
5. Limitation of Liability and Indemnification
a. Agency makes no representations or warranties, express or implied, regarding the execution of the transaction by the referred agent or the title company.
b. Agency shall not be held liable for any losses, damages, or disputes arising from the transaction process, the confirmation of the transaction, or the disbursement of the incentive payment.
c. The client agrees to indemnify, defend, and hold harmless Agency and its affiliates from and against any and all claims, losses, liabilities, or expenses arising out of or in connection with the client’s participation in this Offer.
6. General Provisions
a. These Terms and Conditions constitute the entire agreement between the client and Agency regarding the incentive offer and supersede any prior agreements or understandings, whether written or oral.
b. Modification of Terms: Agency reserves the right to modify, suspend, or terminate this Offer—including all terms and conditions—at any time, without prior notice.
c. By accepting the incentive payment, the client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.
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