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David Lyng Real Estate: Critical Legal Risks in Terms & Conditions (2024 Analysis)

Our expert review of David Lyng Real Estate's Terms & Conditions uncovers major legal risks, including unenforceable clauses, compliance gaps, and liability loopholes. Discover actionable solutions.

When Legal Loopholes Cost Millions: An Expert Analysis of David Lyng Real Estate’s Terms & Conditions

Imagine a scenario where a single ambiguous clause in your Terms & Conditions exposes your company to regulatory fines exceeding $2 million, or a vague indemnity provision leads to unchecked litigation costs. Our analysis of David Lyng Real Estate’s Terms & Conditions reveals several such high-stakes legal risks that could result in significant financial and reputational damage if left unaddressed.

1. Unilateral Modification of Agreement Without User Consent

The T&C allows MoxiWorks to modify the agreement at any time, with changes effective upon posting—without requiring user consent or explicit notification. This creates a substantial enforceability risk, as courts have repeatedly invalidated such clauses for lack of mutual assent, especially under consumer protection laws (see Douglas v. U.S. District Court, 495 F.3d 1062). If challenged, this could void critical protections and expose the company to class action litigation, with average defense costs exceeding $500,000.

Legal Analysis
high Risk
Removed
Added
MoxiWorks may modify this Agreement by providing at any time in its sole discretionleast thirty (30) days’ prior written notice to users via email or other direct communication. Modifications are effective upon being posted on the Site and will apply to Your use of the Siteonly become effective after any such changes are posted. Although MoxiWorks may provide notice to You of changes to this Agreement, You are responsible for reviewing the Agreement posted on the Site periodically to ensure that You are aware of any changesperiod. Your continuedContinued use of the Site following MoxiWorks’ modification of this Agreement will constitute Yourafter the effective date constitutes acceptance of the changesrevised terms.

Legal Explanation

The original clause allows unilateral modification without user consent or adequate notice, which courts often find unenforceable. The revision introduces a mandatory notice period and direct communication, ensuring mutual assent and enforceability under consumer protection laws.

2. Overbroad Indemnification Obligations

The indemnification clause requires users to indemnify MoxiWorks for any liabilities arising from their use of the site, including third-party claims, without limitation. This lack of proportionality and specificity is likely to be deemed unconscionable and unenforceable in many jurisdictions, and could result in the company being unable to recover damages or shift liability in the event of a major breach—potentially exposing the business to losses in the seven-figure range.

Legal Analysis
critical Risk
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Added
You agree to defend, indemnify, and hold harmless MoxiWorks and its employees, officers, directors, affiliates, contractors, suppliers, and agents from and against any and all liabilities,third-party claims and reasonable expenses (including attorneys’ fees) that arisearising solely from Youryour material breach of this Agreement or Your breach of any MLS terms or in connection with Your use ofyour willful misconduct, to the Site or any of Your Content that You uploadextent permitted by law. Indemnification obligations shall be proportionate and not apply to the Siteextent caused by MoxiWorks’ own negligence or misconduct.

Legal Explanation

The original indemnity is overly broad and lacks proportionality, exposing users to unlimited liability. The revision limits indemnity to third-party claims, material breaches, and excludes coverage for MoxiWorks’ own negligence, aligning with legal standards and improving enforceability.

3. Excessive Limitation of Liability

The T&C limits MoxiWorks’ aggregate liability to just $10, regardless of the nature or extent of damages. Such a low cap is likely to be struck down as unconscionable, especially in B2C contexts or where statutory damages apply (e.g., under the Fair Housing Act or ADA). Invalid limitation of liability clauses can result in uncapped exposure to regulatory fines, which for data breaches or discrimination claims can easily exceed $1 million per incident.

Legal Analysis
high Risk
Removed
Added
THE AGGREGATE LIABILITY OF MOXIWORKSExcept as prohibited by applicable law, ITS AFFILIATESthe aggregate liability of MoxiWorks, SUPPLIERSits affiliates, AND REAL ESTATE PROFESSIONALS UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE WILL NOTsuppliers, FOR ANY REASONand real estate professionals under this Agreement shall not exceed the greater of (a) the total fees paid by you to MoxiWorks in the twelve (12) months preceding the claim, EXCEED TEN DOLLARSor (USb) $10),000. This limitation does not apply to liability arising from gross negligence, willful misconduct, or statutory damages.

Legal Explanation

A $10 liability cap is likely unconscionable and unenforceable, especially in consumer or statutory contexts. The revision ties the cap to actual fees paid or a reasonable minimum, and carves out exceptions for statutory and egregious conduct, increasing enforceability.

4. Perpetual, Irrevocable License to User Content

The agreement grants MoxiWorks a worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to all user content, with no clear limitations or opt-out. This exposes the company to privacy and IP claims, especially under GDPR and CCPA, where failure to provide data subject rights (such as erasure) can lead to fines up to €20 million or 4% of annual turnover.

Legal Analysis
critical Risk
Removed
Added
You grant MoxiWorks a worldwide, royalty-free, perpetual, non-exclusive, irrevocable, and fully sublicensable license to host and use Your Content in connection with its operationsolely for the purpose of operating and improving the Site and otherwise in connection with MoxiWorks’ business operations, subject to applicable privacy laws (including GDPR and CCPA). You retain all rights to use, reproduce, modify, publish, create derivative worksrequest deletion or restriction of, display, transmit, and broadcast) your content as required by law.

Legal Explanation

The original clause grants excessive, perpetual rights to user content without regard to data subject rights or privacy law requirements. The revision limits use to necessary purposes and ensures compliance with GDPR/CCPA, reducing exposure to regulatory fines and litigation.

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Conclusion: Proactive Legal Protection is Essential

Our examination shows that even a few poorly drafted clauses can expose businesses to substantial litigation, regulatory penalties, and reputational harm. Proactively redlining and updating these provisions can prevent multi-million dollar losses and ensure compliance with evolving legal standards.

**Are your contracts exposing you to hidden liabilities? How often do you review your legal frameworks for enforceability and compliance? What would a single regulatory action cost your business?**

*This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.*