Effective Date: October 8, 2026
Last Updated: October 8, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyfiredamagedhomesfremontcalifornia.com (the “Website”) and services offered through the Website by I Buy Fire Damaged Homes Fremont California (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property facing foreclosure;
- Property subject to liens;
- Property requiring cleanup;
- Property requiring substantial repairs; and
- Other residential or investment property.
Depending on the property and transaction, we may:
- Evaluate the property;
- Purchase or seek to purchase it directly;
- Make or facilitate a potential cash offer;
- Conduct or arrange due diligence;
- Coordinate cleanout where agreed;
- Enter into a purchase agreement;
- Acquire contractual or equitable rights;
- Assign contractual rights where legally and contractually permitted;
- Work with licensed California real estate professionals where legally required; or
- Decline the opportunity.
Nothing displayed on the Website constitutes a binding offer to purchase real estate.
2. Direct-Buyer Model
The Website expressly states that we operate as direct buyers.
Where we seek to purchase property for our own account:
- Our economic interests may differ from the seller’s interests;
- We may seek a purchase price that reflects repair costs, cleanup, holding expenses, resale costs, risk, and expected investment return;
- We negotiate for ourselves unless another written relationship expressly provides otherwise; and
- We do not automatically owe the seller the duties of a seller’s broker, fiduciary, attorney, appraiser, insurance adviser, or financial adviser.
3. Our Role
Depending on the transaction, we may act as:
- A prospective principal purchaser;
- A real estate investor;
- A property-acquisition business;
- A contract purchaser;
- A holder of contractual or equitable rights;
- An affiliate or co-investor with another purchaser; or
- Another lawful transaction participant.
Unless separately and lawfully established, we do not act as your:
- Real estate broker;
- Seller’s agent;
- Attorney;
- Accountant;
- Tax adviser;
- Financial adviser;
- Insurance adviser;
- Public adjuster;
- Contractor;
- Engineer;
- Appraiser;
- Fiduciary;
- Housing counselor;
- Mortgage broker;
- Mortgage lender;
- Mortgage servicer;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
4. No Obligation to Sell
Submitting property information or requesting an offer does not obligate you to sell.
A Website submission is an inquiry and is not a purchase agreement.
You may reject a proposed offer unless and until you enter into a legally enforceable transaction agreement, subject to applicable statutory cancellation or termination rights.
5. No Obligation to Purchase
Submitting information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a previous offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
6. Eligibility and Authority
By using the Website or submitting property information, you represent that:
- You are at least 18 years old;
- You possess legal capacity to contract;
- Information you provide is materially accurate to the best of your knowledge;
- You own the property or have lawful authority to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily authorize that person to bind every owner.
7. Agents, Wholesalers, and Other Representatives
If an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, or other representative submits property information, that person is responsible for having lawful authority to do so.
Nothing on the Website authorizes:
- Unlicensed brokerage;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of property-owner information; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Property taxes;
- Notices of default;
- Notices of trustee sale;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling systems;
- Repairs;
- Building permits;
- Fire permits;
- Code-enforcement records;
- Warning placards;
- Insurance claims;
- Probate;
- Foreclosure;
- Comparable sales; and
- Other matters relevant to evaluating a potential acquisition.
9. Property Evaluations
The Website states that its offer process includes property evaluation and market analysis.
An evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural evaluation;
- Repair estimates;
- Environmental review;
- Permit research;
- Fire survey information;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other due diligence.
An evaluation conducted for our acquisition purposes is not automatically an inspection or professional report performed for the seller’s benefit and does not constitute a warranty concerning property condition.
10. Preliminary Offers
Any preliminary:
- Cash offer;
- Estimated offer;
- Property valuation;
- Price range;
- Repair estimate; or
- Similar statement
is non-binding unless included in a legally enforceable written transaction agreement.
A preliminary offer may change following due diligence.
11. Offer Methodology
Potential offers may consider:
- Existing property condition;
- Extent of fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup costs;
- Permit expenses;
- Holding costs;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation methodology, purchase price, or financial result is guaranteed.
12. Binding Transactions
A binding real estate transaction arises only when the applicable parties execute legally enforceable transaction documents.
Closing may depend on:
- Ownership verification;
- Authority to sell;
- Title;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Taxes;
- Seller disclosures;
- Natural-hazard disclosures;
- Wildfire disclosures;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Buyer funding;
- Fremont permits or orders;
- Escrow; and
- Other contractual or legal conditions.
13. California Transfer Disclosure Statement
California generally requires a Real Estate Transfer Disclosure Statement (“TDS”) in many transfers of residential real property containing one to four dwelling units, subject to statutory exemptions.
The TDS addresses property condition, systems, defects, improvements, environmental matters, and other items required by California law.
A direct investor purchase is not automatically exempt merely because:
- The transaction is cash;
- The property is sold as-is;
- No listing agent participates;
- The house has fire damage; or
- The parties wish to close quickly.
14. TDS Timing
For a conventional covered sale, the TDS generally must be delivered as soon as practicable before transfer of title.
Applicable seller disclosures should be provided as early as practicable.
Different timing requirements may apply to certain alternative transaction structures.
15. Late TDS and Buyer Termination Rights
If a required TDS or material amendment is delivered after execution of the buyer’s offer, California law generally gives the buyer:
- 3 days after personal delivery;
- 5 days after delivery by mail; or
- 5 days after qualifying electronic delivery
to terminate the offer by written notice.
Nothing in these Terms shortens applicable statutory termination rights.
16. TDS Requirements Cannot Simply Be Waived
Where California’s statutory disclosure requirements apply, an as-is provision or direct cash purchase does not automatically eliminate them.
A transaction should not be marketed as “no disclosures required” merely because the purchaser is an investor.
17. TDS Exemptions
California provides specific exemptions for qualifying transfers, including certain:
- Court-ordered transfers;
- Probate-related transfers;
- Foreclosure transfers;
- Transfers to lenders following default;
- Deeds in lieu of foreclosure;
- Bankruptcy transfers;
- Fiduciary transfers;
- Co-owner transfers;
- Family transfers;
- Governmental transfers; and
- Other transfers identified by statute.
An exemption should be confirmed for the actual transaction rather than assumed.
18. Fire Damage and Material Condition
Fire damage may affect multiple property systems and conditions relevant to seller disclosures, including:
- Structural framing;
- Roofs;
- Foundations;
- Electrical systems;
- Plumbing;
- HVAC systems;
- Fireplaces or chimneys;
- Smoke and carbon-monoxide detectors;
- Fire alarms;
- Fire sprinklers;
- Water intrusion;
- Mold;
- Hazardous substances;
- Additions or alterations;
- Permit status;
- Repairs; and
- Other matters affecting value or desirability.
Known material conditions should not be concealed or misrepresented.
19. Material Facts
California real estate law preserves duties concerning known facts materially affecting the value or desirability of property.
Fire-related conditions can be material depending on:
- Severity;
- Remaining damage;
- Repair quality;
- Permit status;
- Structural impact;
- Environmental effects;
- Insurability;
- Habitability; and
- Other circumstances.
20. No Universal Fire-Document Package
California does not impose one universal requirement that every fire-damaged homeowner automatically deliver every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Environmental report;
- Photograph;
- Repair estimate;
- Permit; or
- Inspection record
to every buyer.
Particular documents may nevertheless be:
- Required by contract;
- Needed to explain a known condition;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by Fremont; or
- Required under another law.
21. California Natural Hazard Disclosure Statement
California separately requires a Natural Hazard Disclosure Statement (“NHD”) in qualifying transactions.
The NHD addresses whether property is located within specified hazard areas, including:
- Special flood hazard areas;
- Dam-inundation areas;
- High or Very High Fire Hazard Severity Zones;
- Applicable wildland areas;
- Earthquake fault zones; and
- Seismic hazard zones.
A Fremont property should be evaluated using current parcel-specific official hazard information.
22. Fire Damage Versus Fire Hazard Severity Zone
Actual structure-fire damage and wildfire-zone classification are different issues.
A Fremont home can:
- Have historical fire damage but not be in a High or Very High Fire Hazard Severity Zone;
- Be in a statutory fire-hazard zone without ever suffering a structure fire; or
- Have both conditions.
The actual facts control.
23. Wildfire Disclosure for Certain Pre-2010 Homes
Where property subject to California residential disclosure law is located in a High or Very High Fire Hazard Severity Zone and the home was constructed before January 1, 2010, Civil Code section 1102.6f can require an additional wildfire-hardening disclosure.
For transactions on or after July 1, 2025, the notice also identifies:
- Prescribed low-cost wildfire retrofits; and
- Which listed retrofits, if any, the seller completed during ownership.
This requirement depends on the actual parcel and property.
24. Final Defensible-Space Inspection Reports
Where applicable law requires a seller to provide information concerning a qualifying final defensible-space inspection report, the seller should provide the report or legally required information concerning where it may be obtained.
25. As-Is Transactions
The Website expressly advertises purchase of property in its present or “as-is” condition.
“As-is” may mean the purchaser does not require the seller to complete repairs before closing.
It does not automatically eliminate:
- TDS obligations;
- Natural Hazard Disclosure requirements;
- Wildfire disclosures;
- Fraud or concealment liability;
- Material-fact disclosure duties;
- Contractual representations;
- Federal disclosures;
- Foreclosure protections;
- Title requirements;
- Fremont orders or permit requirements; or
- Other non-waivable duties.
26. No Universal Repair Requirement Before Sale
California does not impose one statewide rule requiring every fire-damaged home to be completely repaired before it can be sold.
A damaged property may potentially be sold in its current condition.
Separate:
- Fremont building requirements;
- Fire Department requirements;
- Red or yellow tags;
- Unsafe-building determinations;
- Building permits;
- Electrical permits;
- Mechanical permits;
- Plumbing permits;
- Fire-system permits;
- Occupancy restrictions;
- Environmental requirements;
- Insurance obligations; and
- Contract provisions
may nevertheless affect the property.
27. Fremont Fire-Damage Assessment
The City of Fremont specifically advises owners of fire-damaged buildings that the structure may need assessment by a City Building Inspector before reoccupancy.
The extent of damage and safety hazards determine whether the property can be occupied and what repair process is required.
28. Red and Yellow Tags
Following fire damage, Fremont’s Fire Department or Building Department may post a warning placard.
A red tag generally indicates severe damage and that the structure is unsafe to inhabit.
A yellow tag generally indicates moderate damage and restricted or limited habitability.
Property owners and purchasers should investigate any existing warning placard before assuming the property can legally be occupied.
29. Warning Placards Cannot Be Removed by the Owner
A Fremont warning placard or red tag should not be removed merely because ownership changes.
Only authorized City personnel or written authorization from the Building Official may remove applicable warning placards.
A purchase agreement does not itself cancel a red tag.
30. Reoccupancy After a Fire
Fremont’s published guidance states that reoccupancy depends on the building being restored to a safe condition and approval by a City Building Inspector.
Repairs, permits, inspections, and utility-release requirements may need to be completed before normal occupancy resumes.
31. Fire Survey and Reconstruction
Depending on the damage, Fremont may require:
- Building assessment;
- Structural plans;
- Architectural or engineering work;
- Permit applications;
- Electrical repairs;
- Plumbing repairs;
- Mechanical repairs;
- Structural repairs; and
- Inspections.
Where plans are required for reconstruction, the City states that an expedited plan-review process may be available for qualifying fire-damage situations.
32. Fremont Building Permits
Fremont generally requires a building permit before covered:
- Construction;
- Alteration;
- Repair;
- Demolition;
- Additions; or
- Other regulated building work.
Fire restoration should therefore be evaluated based on the actual scope of repairs.
33. Fremont Fire Permits
Fremont separately identifies fire permits for covered:
- Automatic fire extinguishing or sprinkler systems;
- Fire alarms;
- Sprinkler monitoring systems;
- Operational fire-code activities; and
- Other regulated fire-safety work.
A separate building permit may also be required.
34. Permit Inspections
Fremont requires inspections to finalize permits and verify compliance with approved plans.
Applicable:
- Building permits;
- Fire permits;
- Residential permits;
- Hazardous-material permits; and
- Other regulated work
should be properly inspected and finalized where required.
35. Cleanup and Cleanout Services
The Website states that it may handle property cleanout.
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated service
must comply with applicable licensing, environmental, worker-safety, disposal, permit, and other legal requirements.
Nothing in these Terms states that we personally perform regulated contractor work unless lawfully authorized.
36. California Contractor Licensing
California separately regulates contractors.
Where repair, demolition, remediation, restoration, or construction requires a licensed contractor, the work must be performed by an appropriately licensed person or entity unless a lawful exemption applies.
Property acquisition does not itself authorize regulated contracting.
37. Owner-Builder Rules
California’s owner-builder exemptions are limited.
An owner intending to improve property for resale should not assume that every owner-builder exemption applies to an investor rehabilitation project.
Where regulated contractor licensing is required, appropriately licensed contractors should be used.
38. Inspections and Due Diligence
The Website may state that sellers do not need to obtain traditional inspections or make repairs.
That does not prevent a buyer from conducting its own due diligence.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
39. Fast Offer and Closing Claims
The Website currently advertises:
- A no-pressure as-is cash offer within approximately 24 hours; and
- Potential closing in approximately 10 days.
Those statements describe intended or possible transaction timing and are not guarantees.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Seller disclosures;
- Natural-hazard disclosures;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- Fremont permits or orders;
- Escrow;
- Buyer funding; and
- Other circumstances.
40. “Fair,” “Competitive,” and “True Value” Claims
The Website describes offers as fair, competitive, and reflective of property value.
Those terms do not guarantee that:
- An offer equals appraised fair market value;
- An offer equals repaired retail value;
- No other buyer would pay more;
- The seller could not receive a higher net price through another sales method; or
- A particular investment formula will be used.
The executed purchase agreement controls the actual price and terms.
41. No Agent Fees or Hidden Costs
The Website advertises a direct sale without agent commissions or hidden charges.
Where the seller completes a genuine direct transaction without a listing broker, a traditional listing-agent commission may not apply.
If a licensed California real estate professional participates, compensation obligations are governed by applicable:
- Representation agreements;
- Agency disclosures;
- Purchase agreements;
- Escrow instructions; and
- California law.
42. California Real Estate Licensing
California generally requires a real estate broker license where a person, for compensation or expected compensation, acts for another to:
- Sell or offer to sell real property;
- Buy or offer to buy real property;
- Solicit prospective sellers or buyers;
- Obtain listings; or
- Negotiate the purchase, sale, or exchange of real property.
The actual role and conduct control.
43. Principal Purchaser Versus Broker
A genuine principal purchaser buying property for its own account is differently situated from someone performing brokerage services for another for compensation.
Nothing in these Terms authorizes a person to avoid California licensing law merely by calling themselves:
- An investor;
- Cash buyer;
- Acquisition specialist;
- Wholesaler;
- Consultant; or
- Contract buyer.
The actual conduct controls.
44. California Wholesaling
As of October 8, 2026, California has not enacted the proposed wholesaling-specific licensing regime contained in Assembly Bill 1850.
AB 1850 remains pending after having been held under submission in Assembly Appropriations on May 14, 2026.
Its proposed wholesaling rules should not be represented as current California law.
45. Existing Brokerage Law Still Applies to Wholesaling
The fact that AB 1850 has not become law does not mean every wholesaling or contract-assignment model is automatically lawful without a license.
Relevant considerations include:
- Whether the person is genuinely contracting as a principal;
- Whether enforceable contractual rights were acquired;
- Whether the agreement permits assignment;
- Whether the person markets contractual rights or another person’s real estate;
- Whether the person falsely represents ownership;
- Whether negotiations occur for another;
- Whether buyers or sellers are solicited for another; and
- Whether compensation is received for brokerage-type services.
46. Contractual Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding record legal title.
A contract holder should not falsely represent that:
- It is the deed owner;
- It owns legal title;
- Title has already transferred;
- It is conveying legal title when only contractual rights are being transferred; or
- It holds rights beyond those granted by the agreement.
47. Assignment Depends on Contract and Law
Whether a purchase agreement may be assigned depends on:
- The contract language;
- Anti-assignment provisions;
- Required consent;
- California contract law;
- Real estate licensing law;
- Foreclosure protections; and
- Other applicable requirements.
Nothing on the Website guarantees that a particular contract is assignable.
48. Homes Already in Foreclosure
California provides especially strong protections where an investor purchases an owner-occupied residence after a notice of default has been recorded.
Such a transaction can fall under California’s Home Equity Sales Contract Act.
These protections are separate from ordinary seller-disclosure law.
49. Residence in Foreclosure
For purposes of the Home Equity Sales Contract Act, a covered residence in foreclosure generally involves:
- Residential real property containing one to four dwelling units;
- Occupancy by the owner as the owner’s principal residence; and
- A recorded notice of default.
A covered investor purchaser can be an “equity purchaser.”
50. Home Equity Sales Contract Requirements
A covered home-equity purchase contract is subject to detailed statutory requirements.
Among other things, the contract generally must:
- Be written;
- Use prescribed type size;
- Be in the language principally used to negotiate the transaction;
- Be fully completed;
- Be signed and dated;
- State prescribed transaction information; and
- Include required cancellation notices and forms.
51. Five-Business-Day Cancellation Right
A covered equity seller generally may cancel a Home Equity Sales Contract until the earlier of:
- Midnight of the fifth business day after signing a compliant contract; or
- 8:00 a.m. on the scheduled foreclosure-sale date.
Nothing in these Website Terms limits that statutory right.
52. Restrictions During the Cancellation Period
During the applicable cancellation period, a covered equity purchaser generally may not take actions prohibited by California law, including specified premature:
- Conveyance;
- Recording;
- Transfer;
- Encumbrance; or
- Payment activity.
The actual transaction procedure must comply with the statute.
53. No Misleading Statements to a Distressed Seller
A covered equity purchaser may not make false or misleading representations concerning matters including:
- Property value;
- Proceeds;
- Contract terms;
- Cancellation rights;
- Legal consequences;
- Documents being signed; or
- Other material transaction facts.
54. California Foreclosure Consultants
California separately regulates mortgage foreclosure consultants.
A person may fall within that law where, for compensation, the person represents that services will:
- Stop or postpone foreclosure;
- Obtain forbearance;
- Obtain reinstatement;
- Obtain waiver of acceleration;
- Obtain financing;
- Reduce foreclosure-related credit harm;
- Save the residence; or
- Provide another covered foreclosure-related service.
A principal purchaser seeking to acquire the property should not simultaneously portray itself as the seller’s paid foreclosure consultant unless the relationship separately complies with applicable law.
55. Foreclosure-Consultant Cancellation Rights
Covered foreclosure-consultant contracts are subject to detailed written-contract and cancellation requirements.
A covered homeowner generally receives a five-business-day cancellation period under California law.
56. Advance Compensation and Acquisition Restrictions
California restricts advance compensation in covered foreclosure-consulting arrangements.
A covered foreclosure consultant also generally may not acquire an interest in the residence from the homeowner with whom the consultant contracted.
A direct cash purchaser should therefore keep the acquisition role separate from paid foreclosure-relief consulting.
57. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving a potential offer, or negotiating a purchase does not automatically:
- Stop a trustee sale;
- Cancel a notice of default;
- Extend a foreclosure deadline;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create a forbearance; or
- Require the lender or servicer to delay foreclosure.
Homeowners facing foreclosure should independently determine applicable deadlines.
58. No Foreclosure-Rescue Guarantees
Unless separately authorized and legally qualified, we do not represent that:
- We act for your lender;
- We act for your servicer;
- We act for California or the federal government;
- We guarantee foreclosure will stop;
- We guarantee a loan modification;
- We will negotiate your mortgage as your adviser;
- You should stop communicating with your lender;
- You should stop making legally required payments; or
- Selling to us is your only option.
59. Federal Mortgage-Assistance Rules
If separate conduct constitutes mortgage-assistance-relief services under federal law, additional requirements can regulate:
- Advance fees;
- Advertising;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
60. Multilingual Contracts
California provides additional protections where specified transactions are negotiated primarily in certain languages.
Where Civil Code section 1632 applies and negotiations are conducted primarily in:
- Spanish;
- Chinese;
- Tagalog;
- Vietnamese; or
- Korean,
a translation of the contract or agreement may be required before execution.
The Website’s multilingual features do not eliminate those obligations.
61. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish authority to sell.
A transaction may require:
- Executor authority;
- Administrator authority;
- Personal-representative authority;
- Trustee authority;
- Probate-court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
Some fiduciary transfers may qualify for disclosure exemptions, but exemptions depend on the transaction.
62. Insurance Claims and Fire-Damage Proceeds
A fire-damaged property may involve an open or completed insurance claim.
We do not act as your:
- Insurance company;
- Insurance producer;
- Public adjuster;
- Insurance attorney; or
- Insurance adviser
unless a separate legally compliant relationship expressly establishes otherwise.
Property owners are responsible for understanding:
- Insurance coverage;
- Proof-of-loss requirements;
- Claim deadlines;
- Insurance proceeds;
- Repair obligations;
- Mortgage-holder rights;
- Recoverable depreciation;
- Additional living expenses;
- Assignment restrictions;
- Salvage rights; and
- Policy conditions.
63. Pending Insurance Claims
If property is sold while an insurance claim remains pending, transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future claim payments;
- Additional claims;
- Repairs;
- Salvage; and
- Related benefits.
64. Insurance Rights Do Not Automatically Transfer
A property sale does not automatically transfer:
- The seller’s insurance policy;
- A pending claim;
- Insurance proceeds;
- Recoverable depreciation; or
- Other contractual insurance rights.
Those issues depend on:
- Policy language;
- Applicable insurance law;
- Timing of loss;
- Mortgage-holder rights;
- Insurer requirements; and
- The purchase agreement.
65. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A seller seeking help negotiating an insurance claim should work with an appropriately qualified and, where required, licensed insurance professional or attorney.
66. Recent Investor Resale Disclosure
California imposes additional disclosure duties where a seller of a single-family residential property accepts an offer within 18 months after taking title.
Where the statute applies, the seller must disclose qualifying:
- Room additions;
- Structural modifications;
- Alterations;
- Repairs performed by contractors;
- Contractor identity and available contact information; and
- Permit information.
This rule can be especially important where an investor buys a fire-damaged home, repairs it, and resells it quickly.
67. Permit Copies in a Recent Resale
Where the recent-resale statute applies and the seller obtained permits for qualifying work, the seller generally must provide the buyer copies of those permits.
Where a contractor obtained the permit and did not provide a copy to the seller, the seller may satisfy specified obligations by identifying where permit information may be obtained and providing available contractor contact information.
68. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.
Nothing on the Website replaces applicable federal requirements.
69. Common Interest Developments
If the property is located in a California condominium, planned development, stock cooperative, or another qualifying common-interest development, separate disclosure obligations may apply concerning:
- Governing documents;
- Association assessments;
- Budgets;
- Reserves;
- Insurance;
- Rules;
- Pending proceedings; and
- Other association matters.
70. Telephone Communications
By providing a telephone number and requesting an offer, you authorize reasonable responsive communications concerning:
- Your property;
- Property research;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Additional consent will be obtained where legally required before regulated automated, prerecorded, artificial-voice, or marketing communications are made.
71. California Recording Law
California generally prohibits intentionally recording a confidential communication without the consent of all parties, subject to statutory exceptions.
Confidential acquisition calls should therefore not be silently recorded solely because one participant consents.
Where calls are recorded, appropriate notice and legally sufficient consent should be obtained from all participants.
72. Text Messages
If you provide a mobile number and applicable consent, we may communicate by text concerning:
- Your inquiry;
- Your property;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Where legally required, additional consent will be obtained before regulated automated or marketing messages are sent.
Consent to marketing is not a condition of receiving an offer or selling property where prohibited.
Message and data rates may apply.
Message frequency may vary.
Reply STOP to request that applicable messages stop.
73. Email Communications
By providing an email address, you authorize communications concerning:
- Your property;
- Potential offers;
- Inspections;
- Due diligence;
- Scheduling;
- Follow-up;
- Services; and
- Potential transactions.
Applicable promotional emails will provide an unsubscribe mechanism.
74. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This consent does not eliminate documents that applicable law requires to be provided in another form, language, or manner.
75. Privacy
Our handling of personal information is described in our Privacy Policy.
76. Independent Decision-Making
Selling fire-damaged real estate can have substantial:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A California attorney;
- A licensed California real estate professional;
- A tax professional;
- An accountant;
- An insurance professional;
- A properly licensed contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
77. No Professional Advice
Website content does not constitute individualized:
- Legal advice;
- Tax advice;
- Accounting advice;
- Financial advice;
- Insurance advice;
- Construction advice;
- Engineering advice;
- Environmental advice;
- Appraisal advice;
- Mortgage advice; or
- Foreclosure advice.
78. No Automatic Agency or Fiduciary Relationship
Use of the Website does not itself create:
- Seller agency;
- Buyer agency;
- A real estate brokerage relationship;
- A fiduciary relationship;
- Partnership;
- Joint venture; or
- Employment.
Where a licensed California real estate professional participates, applicable agency and representation documentation controls.
79. Acceptable Use
You may not:
- Use the Website unlawfully;
- Submit fraudulent property leads;
- Knowingly provide materially false information;
- Impersonate another person;
- Submit property information without authority;
- Attempt unauthorized system access;
- Introduce malicious code;
- Circumvent Website security;
- Abuse Website forms;
- Interfere with Website operation; or
- Violate another person’s rights.
80. Intellectual Property
Unless otherwise stated, the Website and its original:
- Text;
- Branding;
- Graphics;
- Images;
- Designs;
- Layout; and
- Software
are owned by or licensed to I Buy Fire Damaged Homes Fremont California.
You may not commercially reproduce protected Website content without authorization.
81. Third-Party Websites and Services
We do not control or accept responsibility for independent third-party:
- Websites;
- Privacy practices;
- Content;
- Security;
- Products;
- Services;
- Representations; or
- Conduct.
82. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
83. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Appraised or fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Removal of a red or yellow tag;
- Resolution of permit or code issues;
- Completion of a transaction; or
- A particular financial result.
84. Marketing Claims
Website statements describing our offers or process as:
- Fair;
- Competitive;
- Fast;
- Immediate;
- Transparent;
- Stress-free;
- No-pressure;
- Fee-free;
- No-inspection; or
- Similar language
describe intended or possible service characteristics and do not guarantee a particular financial outcome.
The executed transaction documents control.
85. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same closing time;
- The same transaction structure; or
- The same outcome.
86. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE; AND
- NON-INFRINGEMENT.
Nothing in these Terms eliminates rights that California law does not permit to be waived.
87. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY FIRE DAMAGED HOMES FREMONT CALIFORNIA AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE USE.
OUR AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED $500, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Website-only limitation does not govern rights or liabilities under separately executed:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Home Equity Sales Contracts;
- Foreclosure-consulting agreements;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
88. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for independent third-party:
- Representations;
- Pricing;
- Contracts;
- Professional services;
- Performance;
- Privacy practices; or
- Conduct.
Nothing in this provision eliminates liability that applicable law does not permit to be excluded.
89. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Fire Damaged Homes Fremont California from claims arising from your:
- Unlawful Website use;
- Material breach of these Terms;
- Fraudulent information knowingly submitted;
- Information knowingly submitted without authority; or
- Violation of another person’s rights.
90. Governing Law
These Terms are governed by the laws of the State of California, except where another law must apply.
91. Venue and Disputes
Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in California.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
92. Non-Waivable California Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- California residential seller-disclosure law;
- California natural-hazard disclosure law;
- California wildfire disclosure law;
- California Real Estate Law;
- California Home Equity Sales Contract Act;
- California foreclosure-consultant law;
- California Consumer Legal Remedies Act;
- California Unfair Competition Law;
- California Consumer Privacy Act;
- California Online Privacy Protection Act;
- California Invasion of Privacy Act;
- Fremont building and fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
93. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Transfer Disclosure Statements;
- Natural Hazard Disclosure Statements;
- Wildfire disclosures;
- Home Equity Sales Contracts;
- Foreclosure-consulting contracts;
- Title documents;
- Escrow instructions;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents.
A separately executed transaction agreement governs that transaction to the extent enforceable.
94. Changes to These Terms
We may update these Terms periodically.
Updated Terms become effective when posted or on another identified effective date, subject to applicable law.
95. Severability
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.
96. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
97. Assignment
You may not assign these Website Terms without our written consent.
We may assign these Terms in connection with a merger, acquisition, financing, restructuring, affiliate reorganization, or sale of assets, subject to applicable law.
This Website provision does not determine whether a real estate purchase agreement may be assigned.
Assignment of a purchase agreement is governed by:
- The agreement itself;
- California contract law;
- California Real Estate Law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
98. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
99. Contact Us
Questions concerning these Terms may be directed to:
I Buy Fire Damaged Homes Fremont California
Fremont, California
United States
Website: ibuyfiredamagedhomesfremontcalifornia.com