Real Estate Agent & Broker Terms of Use

Consumer Terms of Use

a. Introduction

One Real Mortgage is an online web platform where Consumers may be matched with real estate agents. A Match is defined when One Real Mortgage has introduced you to a real estate agent (also referred to as a “One Real Mortgage Partner Agent”) via phone, email, text or through the Website or portal. Any products or services provided by One Real Mortgage, either through the Website or otherwise, including a Match, a BrewScore, and a HomeBrew Report, are defined herein as “Services.”
One Real Mortgage is not a mortgage lender or mortgage broker. We do not make any loan commitments or fund any mortgage loans.You understand and agree that we may, in exchange for matching you with a One Real Mortgage Partner Agent, be compensated by the Partner Agent as a percentage of the purchase price.
Although LemonBrew is a licensed real estate brokerage, all real estate brokerage activities are performed by the One Real Mortgage Partner Agent with whom you have been matched.
Your participation in One Real Mortgage’s Website and Services is voluntary and can be terminated at any time. Any Matches made prior to such termination are still bound our agreement with the One Real Mortgage Partner Agent. In the event that legislation or governmental regulations prohibit the use of any products or services, we may terminate our Services upon the effective date of such legislation or regulations and you shall discontinue using our Services. Upon termination, you and we agree to continue our cooperation in order to effect an orderly termination of our relationship.

b. Disclaimer to Consumer Using the Services

You understand and agree that One Real Mortgage is not representing you as a real estate agent or broker or property manager. Also by using the Website or the Services, you may come into contact with or use the services of various real estate agents or brokers, vendors, advertisers or other third parties. One Real Mortgage does not control or supervise any such affiliates, agents, brokers, vendors, advertisers or other third parties, and One Real Mortgage is not responsible for their actions. All terms and conditions between a Consumer and a real estate professional are governed by a separate legal agreement that does not involve One Real Mortgage and is solely between the Consumer and the real estate professional. One Real Mortgage does not endorse, validate, or recommend any legal agreements between Consumers and real estate professionals. Please consult your own attorney.

c. BrewScore

The Website allows Consumers to submit, and to authorize One Real Mortgage to obtain, information from third parties regarding, among other things, your finances, assets, credit use and history, and home buying preferences, to calculate a BrewScore for determining your potential to receive a rebate from the Real Estate Agent and in matching you to One Real Mortgage Partner Agents. The BrewScore is meant for your personal use only. You acknowledge and agree that One Real Mortgage (including through the BrewScore and other services) has not and does not provide you legal, tax, financial, or other advice (including, without limitation, advice on how to improve or repair your credit or credit scores), and that the BrewScore and other services are not designed or intended to provide any such advice. We provide Services and related information solely to assist you in locating real estate agents and related real estate services and you agree that you will not use the Website or Services for any other purpose, especially a commercial purpose.

d. Your Right to Obtain a Consumer Report Free of Charge

Consumer reporting agencies are required by law to give you a copy of your consumer report (sometimes referred to as a credit report) upon request at no charge or for a nominal fee. None of the products offered through this site are intended as a substitute for the consumer report that may be available to you without charge.

e. Personal Information; Permissible Purpose Authorization

As needed to provide Services to you, you authorize and instruct us to obtain and compile your: (i) credit information from one or more consumer reporting agencies; (ii) “non-public personal information,” “personal information,” and/or “highly restricted personal information” about or concerning you as defined by the Gramm-Leach-Bliley Act; and (iii) other personal information, including information provided by you.
You acknowledge and agree that your access to the Services, the Website, and any consumer credit information contained therein is subject to your prior written authorization and our verification of your identity. As such, you understand and agree that by using the Services, you are providing “written instructions” in accordance with the FCRA for us to obtain credit information about you from one or more of the three nationwide consumer reporting agencies and you hereby authorize us to access your personal credit information in order to provide the Services. We may also use information from third party sources to verify your identity.
By using the Services, you certify that you are eighteen (18) years or older and that all of the information provided incident to using the Services is true, accurate, complete and up to date. You must also establish a user identification and password, and you agree to keep them strictly confidential and not to share them with others.

f. Disputes & Questions About Your BrewScore

Any questions or disputes regarding the accuracy of any information provided by you in the BrewScore must be directed to, and will be handled by, One Real Mortgage. Questions or disputes regarding the accuracy of information obtained by One Real Mortgage from third parties, including consumer reporting agencies (i.e., Experian), must be directed to, and will be handled by, the applicable third party. The FCRA permits consumers to dispute inaccurate information in their credit report without charge; however, accurate information cannot be changed. If you choose to dispute your BrewScore, your One Real Mortgage account will be suspended and locked until we (or the applicable third party) finish/es the investigation. One Real Mortgage is required by law to give you a copy of your consumer disclosure (the consumer information about you retained by One Real Mortgage) upon request, at no charge or for a nominal fee. If you believe your BrewScore contains inaccurate or incomplete information, you may request, at no charge to you, that One Real Mortgage research the information contained in your One Real Mortgage consumer disclosure. Further, if you believe or suspect that you have been the victim of identity theft, you may request, at no charge to you, that LemonBrew place an alert on your One Real Mortgage consumer report. To obtain more information about your rights, read the Summary of FCRA Rights.

PLEASE READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS BY REQUIRING ARBITRATION OF DISPUTES (EXCEPT AS SET FORTH BELOW) AND A WAIVER OF THE ABILITY TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION. ARBITRATION PROVIDES A QUICK AND COST EFFECTIVE MECHANISM FOR RESOLVING DISPUTES, BUT YOU SHOULD BE AWARE THAT IT ALSO LIMITS YOUR RIGHTS TO DISCOVERY AND APPEAL.

a. Binding Arbitration

Any Claim (as defined below) raised by either you or One Real Mortgage against the other shall be subject to mandatory, binding arbitration. As used in this arbitration provision, the term “Claim” or “Claims” means any claim, dispute, or controversy between you and us relating in any way to your relationship with One Real Mortgage, including but not limited to any Claim arising from or relating to this Agreement, the Services or this Website, or any information you receive from us, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought. This arbitration obligation extends to claims you may assert against One Real Mortgage or its subsidiaries, affiliates, successors, assigns, employees, and agents. The term “Claim” shall have the broadest possible construction.

b. No Class or Representative Arbitrations

The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. This arbitration provision applies to and includes any Claims made and remedies sought as part of any class action, private attorney general action, or other representative action. By consenting to submit your Claims to arbitration, you will be forfeiting your right to bring or participate in any class action (whether as a named plaintiff or a class member) or to share in any class action awards, including class claims where a class has not yet been certified, even if the facts and circumstances upon which the Claims are based already occurred or existed.

c. Right to Opt-Out of this Arbitration Provision

IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION, YOU HAVE THE RIGHT TO EXCLUDE YOURSELF. Opting out of the arbitration provision will have no adverse effect on your relationship with One Real Mortgage or the delivery of Services to you. In order to exclude yourself from the arbitration provision, you must notify One Real Mortgage in writing within 30 days of the date that you first accept this Agreement on the Website. To be effective, timely written notice of opt out must be delivered to [ADDRESS] and must include your name and address, as well as a clear statement that you do not wish to resolve disputes with One Real Mortgage through arbitration. If you have previously notified One Real Mortgage that you wish to opt-out of arbitration, you are not required to do so again. Any opt-out request postmarked after the opt-out deadline or that fails to satisfy the other requirements above will not be valid, and you must pursue your Claim in arbitration or small claims court.

d. Initiation of Arbitration

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is filed unless any portion of those rules is inconsistent with any specific terms of this arbitration provision or this Agreement, in which case the terms of this arbitration provision and this Agreement will govern. The AAA’s rules may be obtained at www.adr.org, or by calling the AAA at 1-88-778-7879. To commence an arbitration, you must file a copy of your written arbitration demand with the AAA (either online at www.adr.org or by mail addressed to AAA, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043). The arbitration shall be before a single arbitrator. The arbitrator will have the power to award a party any relief or remedy that the party could have received in court in accordance with the law or laws that apply to the dispute, subject to any limitations of liability or damages that exist under this Agreement. This agreement to arbitrate involves interstate commerce and is made pursuant to the Federal Arbitration Act, 9 U.S.C. sections 1-16 (the “FAA”). Any claim or dispute as to the enforceability of this arbitration provision’s restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.

e. Payment of Arbitration Fees and Costs

In the event you file a Claim in arbitration in accordance with these provisions, we will advance all arbitration filing fees if you ask that we do so, in writing, prior to the commencement of the arbitration. The payment of any such fees will be made directly by us to the AAA. Such requests should be mailed to [ADDRESS]. We will also pay all arbitrator fees. If One Real Mortgage prevails in the arbitration, then the arbitrator shall have the authority to require that you reimburse One Real Mortgage for the filing fees advanced, but only to the extent such fees would be recoverable by us in a judicial action. You are responsible for all other fees and costs you incur in the arbitration, including attorney’s fees and expert witness fees, except that the arbitrator shall have the authority to award attorney’s fees and costs to the prevailing party; (i) based on applicable law; (ii) under the rules of the arbitration administrator; or (iii) if the arbitrator rules in your favor and the arbitrator expressly determines that there is a good reason for requiring us to pay those fees and costs.

f. Continuation

This arbitration provision shall survive: (i) termination or changes in this Agreement or the relationship between you and us; and (ii) termination or changes in our providing any Services to you.

g. Small claims court

Notwithstanding anything in this section, either you or One Real Mortgage may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as your address that you most recently provided to One Real Mortgage according to One Real Mortgage’s records in connection with this Agreement.

ONE REAL MORTGAGE CORP.

OPTING OUT OF THE SALE AND SHARING OF PERSONAL INFORMATION

Supplemental Disclosures and Rights Based on State Law, including CALIFORNIA PRIVACY RIGHTS

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In addition to the disclosures and rights set forth elsewhere in our Privacy Policy, you and other users may have certain rights based on applicable state law, for example, California’s Privacy Rights Act (CPRA). Other states have passed consumer privacy laws that may be applicable to Real and your use of this Site. These supplemental disclosures and rights apply to you and your use of our Digital Services to the extent applicable state law applies to Real and your use of our Digital Services. Please contact us if you have any questions regarding your rights under applicable state law.
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Categories of Personal Information One Real Mortgage Corp. Collects

As described in more detail in other areas of our Privacy Policy, we collect and/or disclose Personal Information about you when you visit use our Digital Services, including information about you that you provide to us, and information that we automatically collect from you or your computer or device as you use our Digital Services. Please refer to Information We Collect About You and How We Collect It, referenced herein, for additional information and details.
Personal information does not include information that is: (a) publicly available information from government records; (b) de-identified or aggregated consumer information; or (c) certain information excluded from the scope of applicable state law (e.g., PHI covered under HIPAA and medical information may be covered under other state laws).
Categories of Sources from which One Real Mortgage Corp. has collected Personal Information
As described in more detail elsewhere in our Privacy Policy, we collect Personal Information directly from you, for example when you provide it to us, when you contact us through our Digital Services, when you create an account; and indirectly from you automatically through your computer or device as you use our Digital Services. We may also collect Personal Information about you from our advertising partners and service providers.
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Use of Personal Information

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We do not sell your Personal Information and have not done so in the prior 12 months from the effective date of our Privacy Policy. We may use or disclose the personal information we collect for our business purposes described elsewhere in our Privacy Policy (for example, please refer to “How We Use Your Information” and “Disclosure of Your Information”).
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Sharing Personal Information

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As described in more detail elsewhere in our Privacy Policy, One Real Mortgage Corp. (“One Real Mortgage”) may disclose your Personal Information to a third party for one or more business purposes. When we disclose Personal Information for a business purpose, such as to service providers, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
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Disclosures of Personal Information for Business Purposes:

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As described in more detail elsewhere in our Privacy Policy, we may disclose your Personal Information for our business purposes, such as your contact information, other information you have provided to us and unique identifiers that identify you to us or to our service providers, such as companies that assist us with marketing and advertising. Please refer to Information We Collect About You and How We Collect It, referenced herein for additional information and details.
We disclose your Personal Information to certain third parties such as our vendors, business partners, service providers, including companies that assist us with marketing and advertising. For additional information please refer to “How We Use Your Information” and “Disclosure of Your Information”).
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Access Request Rights

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You may have the right to request that One Real Mortgage disclose certain information to you about our collection and use of your Personal Information over the past 12 months for the above business and commercial purposes. To submit an access request, see Exercising Access and Deletion Rights, referenced herein. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
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Deletion Request Rights

You may have the right to request that One Real Mortgage delete your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless certain exceptions apply.
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Exporting Data

If you need to export or a copy of your data, please let us know and we will assist you with your request. We retain the data we collect for different periods of time depending on what it is, how we use it and applicable legal requirements. We may retain some data for longer periods of time than other data when necessary for legitimate business or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping.
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Exercising Access and Deletion Rights

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To exercise the access and deletion rights described above, please submit a verifiable consumer request to us by either:
- Calling us at 855-549-7001.
- Emailing us at support@onerealmortgage.com
Only you, or your legal representative authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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Non-Discrimination

We will not discriminate against you for exercising any of your rights under applicable state law. Unless permitted by applicable law, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
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Other California Privacy Rights

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Digital Services that are California residents and who provide Personal Information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared your Personal Information with for the immediately prior calendar year (e.g. requests made in 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please contact us by email at support@onerealmortgage.com.

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Last Updated: November 2023