Legal
Terms of
Service.
Please read these terms carefully before using ProGen Real Estate services. By engaging our services, you agree to be bound by these terms.
Last updated: March 22, 2026
01
Scope of Services
ProGen Real Estate is a licensed Texas real estate brokerage that provides flat-fee MLS listing services in the El Paso metropolitan area. Our services include listing your property on the Greater El Paso Association of Realtors (GEPAR) MLS and syndicating that listing to major real estate platforms.
Our services are limited to real estate brokerage services. We do not provide legal, tax, financial, or investment advice. We strongly recommend that you consult with qualified professionals (attorneys, CPAs, financial advisors) for matters outside the scope of real estate brokerage.
ProGen Real Estate acts as a listing broker. We do not guarantee the sale of your property, any specific sale price, or any specific timeline for selling your property.
02
Fees & Refund Policy
ProGen Real Estate charges a flat fee for MLS listing services. The specific fee amount is disclosed prior to engagement and is outlined in the listing agreement you sign.
Non-Refundable Fees
All listing fees are non-refundable once your property has been submitted to the MLS. The flat fee covers the cost of listing activation, MLS data entry, syndication setup, and broker oversight. Because these services are rendered immediately upon submission, refunds cannot be issued after listing activation.
Buyer agent commissions, if offered, are separate from ProGen listing fees and are outlined in the listing agreement. Any additional services beyond the standard flat-fee package will be quoted separately and require your written approval.
03
User Responsibilities
By using our services, you represent and warrant that:
- Accurate information: All property information, descriptions, photographs, and disclosures you provide are truthful, accurate, and complete to the best of your knowledge.
- Legal authority: You are the legal owner of the property or have been duly authorized by the owner to list and sell the property.
- Disclosure obligations: You will complete all required Texas property disclosures honestly and in compliance with applicable law, including the Seller's Disclosure Notice as required by the Texas Property Code.
- Compliance: You will comply with all applicable federal, state, and local laws, including fair housing laws, in the marketing and sale of your property.
- Responsiveness: You will respond to buyer inquiries, showing requests, and offers in a timely manner during the listing period.
You agree to indemnify and hold ProGen Real Estate harmless from any claims, damages, or liabilities arising from inaccurate information you provide or your failure to comply with applicable laws.
04
TREC Compliance
ProGen Real Estate is licensed by the Texas Real Estate Commission (TREC) and operates in full compliance with TREC rules and regulations.
Required TREC Disclosures
The Texas Real Estate Commission (TREC) regulates real estate brokers and sales agents. If you have a question or complaint regarding a real estate licensee, you may contact TREC at:
Texas Real Estate Commission
P.O. Box 12188, Austin, TX 78711-2188
Phone: (512) 936-3000
Website: www.trec.texas.gov
ProGen Real Estate provides the Information About Brokerage Services (IABS) form to all prospective clients as required by TREC. All transaction documentation is maintained in compliance with TREC record-keeping requirements.
05
Limitation of Liability
To the fullest extent permitted by Texas law, ProGen Real Estate, its officers, agents, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to our services.
Our total liability for any claim arising from our services shall not exceed the total fees paid by you to ProGen Real Estate for the specific listing in question.
ProGen Real Estate is not liable for:
- The accuracy of information provided by third parties, including MLS data, public records, or buyer representations.
- Technical issues with third-party platforms (MLS systems, syndication websites, etc.).
- The actions or omissions of buyers, buyer agents, inspectors, appraisers, lenders, or title companies.
- Market conditions, property value fluctuations, or failure to sell at your desired price or timeline.
06
Intellectual Property
All content on the ProGen Real Estate website, including but not limited to text, graphics, logos, images, and software, is the property of ProGen Real Estate and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent. The ProGen Real Estate name, logo, and all related marks are trademarks of ProGen Real Estate.
You retain ownership of all photographs, descriptions, and materials you provide for your property listing. By providing these materials, you grant ProGen Real Estate a non-exclusive license to use them for listing, marketing, and syndication purposes for the duration of the listing agreement.
07
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these terms or our services shall be resolved exclusively in the state or federal courts located in El Paso County, Texas. By using our services, you consent to the personal jurisdiction of these courts.
08
Changes to Terms
ProGen Real Estate reserves the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to our website. The "Last updated" date at the top of this page will be revised accordingly.
Your continued use of our services after any changes constitutes your acceptance of the updated terms. We encourage you to review these terms periodically to stay informed of any updates.
09
Contact Us
If you have any questions about these Terms of Service, please contact us:
ProGen Real Estate
El Paso, TX 79912
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