Last Updated: July 22, 2026
Version: 1.0
This Agent and Broker Agreement (“Agreement”) is entered into between Factour, LLC, a Tennessee limited liability company (“Factour,” “we,” “us,” “our”) and you, a licensed real estate professional (“Agent,” “you”), together with your sponsoring broker or brokerage (“Broker”).
Companion agreements: Consumer Terms of Service, Privacy Policy.
By submitting an application or participating in the Platform, you agree to this Agreement. You represent that your participation is authorized by your Broker.
Your Broker must separately acknowledge this Agreement before your account is activated. Until that acknowledgment is received, you may not accept paid showings or receive payouts.
Factour is a technology platform. Factour is not a real estate brokerage and does not hold a real estate brokerage license in any state. Factour is not your broker, does not sponsor your license, and does not supervise your professional activity.
You are an independent contractor. You are not an employee, agent, partner, or joint venturer of Factour.
Factour does not set or influence your fees, direct or control how you conduct showings, set your schedule or require you to be available, require you to accept any request or maintain any acceptance rate, supervise or review your professional judgment, provide you with training, tools, equipment, or a workspace, or restrict you from using competing platforms.
You control your own business. You may decline any request for any lawful reason.
You are solely responsible for your license, license renewal, continuing education, and association dues; your own taxes; errors and omissions insurance and other appropriate insurance; your transportation, equipment, phone, and business expenses; and your compliance with your Broker’s policies.
You represent and warrant, at application and continuously:
Factour will verify your license against state licensee records before activation and periodically thereafter. You authorize Factour to conduct these checks. Verification confirms only that a license record matched at the time checked. It is not an endorsement or a warranty by Factour to any person.
You must notify Factour immediately, and in no event later than three business days, if your license lapses, expires, or is suspended, revoked, or restricted; you change Brokers or your affiliation terminates; you become subject to a disciplinary proceeding, complaint, or investigation; you become subject to a criminal charge related to fraud, theft, violence, or dishonesty; or any representation in this Agreement becomes untrue.
Failure to notify is a material breach.
If your license lapses, expires, or is suspended, Factour will suspend your account and you may not accept new showings or receive new payouts until verification is restored. Confirmed showings on your calendar at the time of suspension will be reassigned or cancelled at Factour’s discretion.
You will comply with all applicable laws and regulations, including real estate licensing law, agency and disclosure requirements, advertising rules, fair housing laws, landlord-tenant law where you show rental property, anti-kickback and referral fee restrictions, RESPA, do-not-call and telemarketing rules, and your Broker’s policies.
You are responsible for providing every agency disclosure and executing every showing, touring, or representation agreement required in your jurisdiction, including any written agreement required before showing property to a prospective buyer or renter. Factour may provide document tools or templates as a convenience. Any such tool is not legal advice and does not relieve you of your obligation to determine and meet your jurisdiction’s requirements.
Showings arranged through the Platform are standalone engagements. Unless you and the consumer separately agree otherwise in a written agreement, a Platform showing does not create a buyer or tenant representation relationship, an agency relationship, or any continuing obligation beyond the showing.
Nothing prevents you and a consumer from entering into a separate representation agreement outside the Platform. Any such agreement is solely between you and that consumer. Factour is not a party to it and claims no compensation from it.
You are solely responsible for obtaining lawful authorization to access and show any property.
This includes confirming availability and obtaining permission from the listing agent, owner, landlord, property manager, or other authorized party; complying with all MLS, lockbox, showing service, and access rules; where a property is occupied by a tenant, confirming that required notice has been given and that entry is permitted under the lease and applicable law; and verifying the property is genuinely available to show.
Factour does not obtain, verify, arrange, or guarantee property access. A consumer’s request does not constitute authorization.
You will arrive on time and honor confirmed appointments; communicate professionally and promptly; conduct yourself in accordance with the standards of your profession and any applicable code of ethics; not discriminate against any person in violation of fair housing laws; respect the privacy and personal property of any occupant; not use Platform-provided consumer information for any purpose other than fulfilling the showing; and not misrepresent your license status, affiliation, or authority.
You will comply with the federal Fair Housing Act and all applicable state and local fair housing laws, in both sale and rental contexts. You may not refuse, discourage, or differently treat any person on the basis of a protected characteristic, and you may not steer any person in violation of law.
Factour connects you with consumers you do not know and directs you to properties you may not know.
You acknowledge that Factour does not conduct background checks or criminal history screening on any consumer; screen, vet, or evaluate any consumer for safety, character, or trustworthiness; attend, supervise, monitor, or record any showing; inspect any property for hazards, defects, or dangerous conditions; verify that a property is safe, vacant, or free of other occupants; or provide security, escort, or emergency response services.
You voluntarily assume all risks associated with meeting consumers and entering properties, including personal injury, death, assault, property damage, theft, and fraud.
Verification is not a safety measure. The Platform’s verification steps exist to reduce automated bookings, spam, and non-serious requests. They are not background checks, do not screen for criminal history, and do not evaluate any person’s intentions or propensity for harm. A verified consumer can still be a dangerous person. Do not reduce your own safety practices because a consumer is verified.
Follow your Broker’s safety policies and standard industry safety practices. In an emergency, contact local law enforcement immediately. Do not contact Factour for emergency assistance.
You may submit proposals in response to consumer showing requests. Submitting a proposal is voluntary. Accepting a proposal creates an obligation to perform the showing or to promptly notify the consumer if you cannot. You set your own fee in each proposal.
After a consumer accepts your proposal, you are responsible for confirming with the listing agent, owner, or authorized party that the property is available at the accepted time, and for updating the Platform status accordingly.
You may cancel a confirmed showing without penalty up to twenty-four hours before the scheduled start time. Cancellations within twenty-four hours, and failures to appear, are recorded against your account. Repeated late cancellations or no-shows may result in suspension or termination.
If you cancel or fail to appear, the consumer is not charged and any payment authorization is released.
Factour does not guarantee any volume of requests, proposals accepted, showings, or income. Availability of requests varies by market, timing, and consumer demand. Market launch timing is not guaranteed.
You may not solicit or arrange with a consumer to conduct a Platform-initiated showing outside the Platform for the purpose of avoiding Platform fees. This does not restrict you from entering into a separate representation or service relationship with a consumer after a showing, and Factour claims no compensation from any such relationship or from any resulting transaction.
You set your own fee for each showing. Factour charges you no commission, no per-showing fee, and no subscription or participation fee.
Compensation for showings is routed to your sponsoring Broker where required by applicable law. Your Broker is responsible for compensating you in accordance with your brokerage agreement and applicable regulations.
You and your Broker are responsible for the allocation of compensation between you. Factour is not a party to that allocation and has no obligation regarding it.
The Broker, or where permitted by law the Agent, is the merchant of record for the showing fee and is subject to the payment processor’s terms, including identity and banking verification. Standard payment processing fees apply to amounts received. Factour does not deduct any amount from your fee.
You may not accept paid showings until payout onboarding, including the payment processor’s verification requirements, is complete and payouts are enabled.
Factour charges the consumer a separate flat platform fee of $12.00 per booking. This fee is paid by the consumer, not by you, and does not reduce your fee. This fee compensates Factour for software services it performs, including scheduling, verification, payment processing, and notifications. It is not a commission, a referral fee, or compensation for procuring any party.
You and your Broker are responsible for all taxes on amounts received. Factour will issue tax forms as required by law.
Factour may provide you with limited consumer information necessary to perform a showing, including name, contact details, and verification status.
You will use consumer information solely to perform the showing; not use it for marketing, solicitation, or any other purpose without the consumer’s separate written consent; and treat it in accordance with applicable privacy law.
Consumers may leave reviews of your showings. You may not offer, request, or condition anything of value on a review or rating. You may not retaliate against a consumer for a negative review.
Factour may display, remove, or respond to reviews at its discretion. Reviews are opinions and do not constitute an endorsement by Factour.
THE PLATFORM IS PROVIDED “AS IS.” FACTOUR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACTOUR’S TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED $100 OR THE AMOUNTS YOU PAID TO FACTOUR IN THE 12 MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER. FACTOUR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify, defend, and hold harmless Factour from any claims, liabilities, damages, costs, and expenses arising from your use of the Platform, your conduct as a showing professional, or your violation of this Agreement.
This Agreement continues until terminated by either party. You may terminate by ceasing use of the Platform and closing your account. Factour may suspend or terminate your account at any time, including for violation of this Agreement, license lapse, or conduct that may expose Factour or users to harm or liability.
Sections that by their nature should survive termination will survive, including payment obligations, indemnification, disclaimers, and limitation of liability.
This Agreement is governed by the laws of the State of Tennessee, without regard to conflict of law principles. Any dispute arising from or related to this Agreement shall first be submitted to binding arbitration in Nashville, Tennessee under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
Questions about this Agreement should be sent to help@factour.com.