Last updated: May 8, 2026
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Commission Cash Back, a DBA of Ouray 550 LLC, a licensed Texas real estate brokerage (TREC License #9006792-BB) ("Company," "we," "us," or "our"), concerning your access to and use of the commissioncashback.com website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service. It is your responsibility to periodically review these Terms of Service to stay informed of updates. Your continued use of the Site after the date such revised Terms of Service are posted constitutes your acceptance of the changes.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site or our services.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any current or future use of the Site or our services.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
We may provide areas on the Site or our third-party profiles where you can leave reviews or testimonials. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with Commission Cash Back; (2) your review must not contain offensive profanity, or abusive, racist, or hate language; (3) your review must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your review must not contain references to illegal activity; (5) you must not be affiliated with competitors when posting negative reviews; and (6) you may not post any false or misleading statements.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, display, perform, distribute, and use your review for marketing, advertising, and other lawful business purposes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Site may contain links to other websites ("Third-Party Websites") and content originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites or Third-Party Content. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site, you do so at your own risk and these Terms of Service no longer govern.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service; (3) refuse, restrict access to, or limit the availability of any portion of the Site; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
Commission Cash Back operates a real estate commission rebate program for Texas home buyers. This section sets out the terms that govern that program. By engaging Commission Cash Back as your buyer's agent, you agree to these Rebate Program Terms in addition to all other provisions of these Terms of Service.
Commission Cash Back is a DBA of Ouray 550 LLC, a licensed Texas real estate brokerage. The brokerage is registered with the Texas Real Estate Commission under license number 9006792-BB. Colby Hager is the broker of record (TREC License #699039).
For new construction homes, Commission Cash Back rebates 2.5% of the home's purchase price to the buyer at closing, provided the builder pays a buyer agent commission of at least 3% of the purchase price. Commission Cash Back retains the remaining 0.5% of the purchase price as compensation for buyer representation services.
For pre-owned (resale) homes, Commission Cash Back rebates 2% of the home's purchase price to the buyer at closing, provided the seller or seller's agent pays a buyer agent commission of at least 3% of the purchase price. Commission Cash Back retains the remaining 1% of the purchase price as compensation for buyer representation services.
Commission Cash Back retains a minimum compensation floor on every transaction. The floor ensures we can provide full-service buyer representation on every deal.
| Transaction Type | CCB Retains (Floor) | Standard Rebate to Buyer |
|---|---|---|
| New Construction | 0.5% of purchase price | 2.5% of purchase price |
| Pre-Owned / Resale | 1% of purchase price | 2% of purchase price |
In the rare case where the builder, seller, or seller's agent offers a buyer agent commission lower than 3% of the purchase price, the rebate paid to the buyer will be reduced so that Commission Cash Back retains at least the minimum floor described above. In any such case, Commission Cash Back will disclose the adjusted rebate amount in writing to the buyer before the buyer is contractually obligated to proceed with the transaction.
Example: If a builder offers a 2.5% buyer agent commission on a new construction home, Commission Cash Back retains the 0.5% minimum floor and rebates the remaining 2% to the buyer rather than the standard 2.5%. If a seller offers a 2.5% buyer agent commission on a pre-owned home, Commission Cash Back retains the 1% minimum floor and rebates the remaining 1.5% to the buyer rather than the standard 2%.
To receive a rebate under this program, the buyer must:
Important: For new construction transactions, the buyer must be represented by Commission Cash Back at the time of first contact with the builder. Most builders require that a buyer's agent accompany the buyer or be registered before the buyer's first visit to a community or model home. If the buyer registers with a builder's onsite sales agent before engaging Commission Cash Back, the builder may refuse to recognize Commission Cash Back as the buyer's agent and no rebate can be paid. Buyers who plan to use Commission Cash Back should contact us before visiting any builder community.
The rebate is delivered at closing. Depending on the buyer's lender and the title company's procedures, the rebate may be reflected as a credit on the buyer's Closing Disclosure or paid by separate check from Commission Cash Back to the buyer at or shortly after closing. If the transaction does not close for any reason, no rebate is owed.
Per IRS guidance (see IRS Letter Ruling 200721013), commission rebates paid by a buyer's agent to a buyer are generally treated as an adjustment to the purchase price of the home rather than as taxable income to the buyer. However, tax treatment can depend on a buyer's individual circumstances and may change over time. Commission Cash Back does not provide tax advice. Buyers should consult their own tax advisor before relying on any particular tax treatment.
The rebate program does not apply to:
In compliance with Texas Real Estate Commission rules, all buyers will be provided with the Information About Brokerage Services (IABS) form and the TREC Consumer Protection Notice at first substantive communication regarding a real estate transaction. Both documents are also available in the footer of this Site.
Commission Cash Back reserves the right to modify, suspend, or discontinue the rebate program at any time. Any change will apply only to buyers who engage Commission Cash Back after the change is posted. Buyers who have signed a Buyer Representation Agreement before a change takes effect will be governed by the rebate terms in effect at the time of signing.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification.
These Terms of Service shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason, including breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.
Please read this section carefully. It requires you to arbitrate disputes with Commission Cash Back and limits the manner in which you can seek relief from us.
You and Commission Cash Back agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Site, the rebate program, our real estate brokerage services, or the relationship between you and Commission Cash Back (each, a "Dispute") will be resolved by final and binding arbitration, rather than in court, except as set out below.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by these Terms of Service. The AAA's rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration shall be Bexar County, Texas. If the amount in controversy is $25,000 or less, the arbitration may, at the claimant's election, be conducted by telephone, video conference, or based on written submissions only.
The arbitrator shall apply the substantive law of the State of Texas, without regard to its conflict of law principles. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction in Bexar County, Texas.
The allocation of arbitration filing fees and arbitrator costs shall be governed by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs unless the arbitrator's award or applicable law provides otherwise.
Notwithstanding the agreement to arbitrate above, either party may:
You may opt out of this arbitration agreement by sending written notice to Commission Cash Back at info@commissioncashback.com within thirty (30) days of first agreeing to these Terms of Service. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. Opting out will not affect any other provision of these Terms of Service.
If any portion of this arbitration section is found to be unenforceable, the remaining portions shall remain in effect, except that if the Class Action Waiver below is found to be unenforceable in a particular Dispute, that entire Dispute shall proceed in court rather than in arbitration.
You and Commission Cash Back agree that any Dispute will be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or consolidated action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this Class Action Waiver is unenforceable in a particular Dispute, that Dispute shall be severed and resolved in court, and all remaining Disputes shall continue to be governed by the arbitration provision above.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Site, (3) any unauthorized access to or use of our servers and/or any personal information or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
The Site provides general information about real estate, commission rebates, builders, and Texas housing markets. None of the information on the Site constitutes legal, tax, or financial advice. You should consult a qualified attorney, tax advisor, or financial advisor before making any real estate or financial decision.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or our services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our total cumulative liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of (a) one thousand U.S. dollars ($1,000.00) or (b) the total amount of any rebate paid or payable to you under the Commission Cash Back rebate program in connection with the transaction giving rise to the claim.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
If you have questions about these Terms of Service, the rebate program, or the Site, please contact us at:
Commission Cash Back
A DBA of Ouray 550 LLC · TREC License #9006792-BB
Email: info@commissioncashback.com
Phone: (210) 780-5696
Location: Boerne, Texas
No spam · No obligation · TREC-licensed