Big House Leads

Big House Leads Lead Program and Referral Fee Agreement

1. Who may join. You represent that you hold an active California real estate license in good standing, that the license number you provided is yours, and that you work under the broker of record named in your application. You will use the leads only in your own licensed real estate business.

2. No upfront cost. Joining and receiving leads costs $0. You pay nothing unless a Referred Transaction (section 4) closes. If no lead you receive turns into a closed transaction, you owe nothing.

3. What you receive. After approval, you receive lead records by email for the territory and plan you chose. A territory is a set of ZIP codes and cities. Each lead is delivered to one agent only. Leads are information, not a promise of any listing, client or income, and results vary.

4. Referral fee. For every Referred Transaction you agree to pay a referral fee equal to 25% of the Gross Commission. “Gross Commission” means the total real estate commission or other compensation payable to you and your broker for the transaction, from every side you represent, before any split with your broker, team, or any other person and before any transaction, franchise or similar fee. “Referred Transaction” means any sale, purchase, listing, or lease in which you or anyone on your team or in your brokerage represents (a) a person identified in a lead delivered to you, or that person’s spouse, family member or business entity, or (b) the owner of a property identified in a lead delivered to you, if the representation or listing agreement is signed within 12 months after the lead was delivered to you. The fee is due on every such transaction that closes, even if it closes after this agreement ends.

5. Paid between brokers. California law allows a real estate commission to be shared only between licensed brokers. The referral fee is therefore paid by your broker of record to eXp Realty, LLC, the broker with whom Big House Leads is associated, or to another licensed broker we name in writing. You will instruct escrow, wherever possible, to pay the fee from your commission at close of escrow, and otherwise you will make sure your broker pays it within 30 days after the commission is received. You authorize us to send a copy of this agreement to your broker of record, and you will give your broker a copy yourself. You will not ask that the fee be paid to any unlicensed person.

6. Reporting and records. Within 5 business days after you sign a representation, listing or purchase agreement with a Referred Transaction client, you will tell us by email. Within 5 business days after closing you will send us the closing statement or commission disbursement authorization showing the Gross Commission (you may black out unrelated figures). You will keep transaction records for four years and, on ten days’ notice, will let us confirm the Gross Commission on any Referred Transaction. Unpaid fees bear simple interest at ten percent a year, and if we must enforce this agreement the prevailing party recovers its reasonable attorney’s fees and costs.

7. No workarounds. You will not avoid the fee by having another agent, team, brokerage or entity handle a Referred Transaction, by delaying or restructuring it, or by taking a different type of compensation. If you refer a lead to another agent, that agent’s brokerage must agree in writing to pay the fee first.

8. Territories. Your plan and the territory seat limit determine how many agents share a territory. On an Exclusive plan you are the only agent served in the territory. We may change territory boundaries on 30 days’ written notice and may reassign a seat that is unused or in breach. A territory is not a property right.

9. Permitted use. You may use the leads only to market your own real estate services. You may not resell, share, publish, upload to a public site, or give leads to another person or company, including other agents in your brokerage unless they are on your team under your license.

10. Your legal compliance. You alone are responsible for how you contact people. You agree to comply with all laws that apply to your outreach, including the federal Telephone Consumer Protection Act, the National and California Do Not Call rules, state telemarketing and automatic-dialer rules, CAN-SPAM and California email law, and the California Consumer Privacy Act. Leads whose phone number is withheld, or flagged as on a do-not-call list, may not be called or texted. You will check the Do Not Call registry yourself before any call or text, will keep your own internal do-not-contact list, will honor every opt-out immediately, and will tell us within 48 hours of any request to delete or stop contact so we can suppress the record.

11. Replacement. If a lead’s only contact method is invalid (for example, a disconnected phone number) and you report it within 72 hours of delivery with the lead ID, we will replace it with a lead from your territory when one is available. This is your only remedy for a defective lead.

12. Data handling. You will keep lead data secure, use it only for the purpose above, and delete it from your systems within 30 days after your membership ends, except records of people who have become your clients.

13. Referral only. The fee is for referring a prospective real estate client. It is not for any other service, and it is not conditioned on your use of any lender, title company, escrow company or other settlement service provider. Big House Leads is not a brokerage and does not provide brokerage, legal, tax or financial advice.

14. No warranty; limited liability. The service is provided as is, without warranties of any kind, to the fullest extent California law allows. Our total liability to you for any claim is limited to $100. You will defend and indemnify us against claims arising from your outreach or your breach of this agreement.

15. Ending membership. Either of us may end your membership at any time by email, and leads stop when that happens. We may suspend or end your membership if you breach this agreement, if your license is not in good standing, or if we receive credible complaints about your outreach. Sections 4 through 7, 9, 10, 12, 14 and 16 survive and keep applying to every lead delivered before the membership ended.

16. Law and disputes. This agreement is governed by California law. Disputes will be heard in the state courts located in San Diego County, California.

17. Electronic signature and email. You agree to sign electronically and to receive the lead emails, referral-fee notices and program updates at the email address you provided. Typing your name below is your signature and has the same effect as a handwritten one.