Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagesanjose.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage San Jose (“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;
- 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, seek to purchase it directly, conduct or arrange due diligence, enter into a purchase agreement, work with investment partners, acquire contractual or equitable rights, assign contractual rights where legally and contractually permitted, work with licensed professionals where legally required, or decline the opportunity.
Nothing displayed on the Website is itself a binding offer to purchase real estate.
2. Our Role
The Website currently presents our business principally as a direct cash purchaser of fire-damaged property in San Jose.
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.
Our actual role depends on the transaction documents and conduct.
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 lender, mortgage servicer, mortgage broker, loan-modification provider, foreclosure consultant, debt-relief provider, or other professional adviser.
3. No Obligation to Sell
Submitting 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 any statutory cancellation or termination rights.
4. No Obligation to Purchase
Submitting property information does not require us to inspect the property, make an offer, maintain an offer, continue negotiations, purchase the property, or complete a transaction.
5. 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 are authorized to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily establish authority to bind every owner.
6. Information From Agents, Representatives, or Contract Holders
If a real estate agent, wholesaler, contract holder, personal representative, trustee, heir, attorney-in-fact, or other representative submits a property, that person is responsible for having lawful authority to communicate concerning the property.
Nothing on this Website authorizes unlicensed brokerage, unauthorized marketing of another person’s property, misrepresentation of ownership, violation of a purchase agreement, or disclosure of information without legal authority.
7. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Taxes;
- Notices of default;
- Notices of trustee sale;
- Property condition;
- Fire and smoke damage;
- Structural damage;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling systems;
- Repairs and restoration;
- Building permits;
- Insurance claims;
- Probate;
- Foreclosure;
- Comparable sales; and
- Other matters relevant to evaluating a property.
8. Property Assessments
The Website states that our process may include detailed property assessment and inspection.
An assessment may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Damage-survey information;
- Title research; and
- Other due diligence.
An assessment conducted for our acquisition purposes is not automatically an inspection performed for the seller’s benefit and is not a warranty concerning property condition.
9. Preliminary Offers
Any preliminary cash offer, estimated offer, valuation, price range, repair estimate, or similar indication is non-binding unless included in a legally enforceable transaction agreement.
A preliminary offer may change after due diligence.
10. Offer Methodology
Potential offers may consider:
- Current property condition;
- Extent of fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Estimated restoration expenses;
- Cleanup and debris-removal costs;
- Permit expenses;
- Holding costs;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation or offer is guaranteed.
11. Binding Transactions
A binding real estate transaction arises only when the applicable parties execute enforceable transaction documents.
A transaction may depend on:
- Ownership verification;
- Authority to sell;
- Title review;
- 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;
- San Jose or other local requirements;
- Escrow; and
- Other legal or contractual conditions.
12. 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 physical property condition, systems, defects, alterations, environmental issues, and other matters specified by California law.
A direct cash sale is not automatically exempt merely because:
- The buyer is an investor;
- The property is sold as-is;
- No traditional listing agent is involved;
- The transaction is cash; or
- The parties wish to close quickly.
13. TDS Timing
For a conventional covered sale, the seller generally must deliver the completed TDS as soon as practicable before transfer of title.
Special transaction structures such as certain real-property sales contracts, lease-options, and ground leases have separate timing rules.
Applicable disclosure documents should be delivered as early as practicable.
14. Late TDS and Buyer Termination Rights
If a required disclosure 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 those statutory periods.
15. TDS Requirements Cannot Simply Be Waived
California’s residential transfer-disclosure statute provides that waiver of applicable disclosure requirements is void against public policy.
An as-is provision or direct investor purchase should therefore not be used to represent that a legally required TDS may automatically be waived.
16. TDS Exemptions
California provides specific exemptions for certain transactions, including qualifying:
- Court-ordered transfers;
- Probate-related transfers;
- Foreclosure transfers;
- Transfers to lenders following default;
- Deeds in lieu of foreclosure;
- Bankruptcy transfers;
- Certain fiduciary transfers;
- Co-owner transfers;
- Family transfers;
- Governmental transfers; and
- Other transactions identified by statute.
An exemption should be confirmed for the specific transaction rather than assumed.
17. Fire Damage and the TDS
A prior structure fire may create conditions relevant to multiple TDS categories, including:
- Structural damage;
- Roof damage;
- Foundation damage;
- Electrical systems;
- Plumbing;
- Heating and cooling;
- Fireplaces and chimneys;
- Smoke or carbon-monoxide detectors;
- Water intrusion;
- Mold;
- Hazardous substances;
- Additions or alterations;
- Permit issues; and
- Other conditions affecting value or desirability.
Known material fire-related conditions should not be concealed or misrepresented.
18. Material Facts
California’s real estate disclosure framework preserves existing duties to disclose facts materially affecting the value or desirability of property.
Fire-created damage can be material depending on its nature, visibility, repair history, continuing effects, and impact on the property.
19. No Universal Requirement to Deliver Every Fire Document
California does not impose one universal rule requiring every seller automatically to provide every historical:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Environmental report;
- Photograph;
- Repair estimate;
- Permit; or
- Inspection record
to every buyer.
A specific document may nevertheless be required by contract, relevant to explaining a known defect, requested during due diligence, required by an insurer or lender, required by San Jose or another municipality, or required under another law.
20. Natural Hazard Disclosure Statement
California separately requires a Natural Hazard Disclosure Statement (“NHD”) in qualifying residential property transfers.
The NHD addresses whether property falls within specified hazard areas, including:
- Special flood hazard areas;
- Dam-inundation areas;
- Earthquake fault zones;
- Seismic hazard zones;
- High or very high fire hazard severity zones; and
- Other statutorily identified wildfire areas.
A San Jose-area property should be evaluated on a parcel-specific basis using current official hazard information.
21. Fire Hazard Severity Zone Disclosure
California’s NHD requires disclosure regarding qualifying High or Very High Fire Hazard Severity Zones.
The fact that a property is located within the City of San Jose or Santa Clara County does not automatically determine its fire-hazard classification.
The current map applicable to the specific parcel controls.
22. Wildfire Disclosure for Certain Pre-2010 Homes
Where residential property subject to California’s disclosure law is located in a High or Very High Fire Hazard Severity Zone and the home was built before January 1, 2010, additional wildfire-related disclosure requirements can apply under Civil Code section 1102.6f.
Required information concerns wildfire hardening and vulnerable building features.
For transactions occurring on or after July 1, 2025, the disclosure also identifies which listed low-cost retrofits, if any, were completed during the seller’s ownership.
23. Actual Fire Damage Is Different From Wildfire-Zone Status
A property that suffered an actual structure fire and a property located within a statutory wildfire-hazard zone raise different issues.
A property can have:
- Historical fire damage but no High or Very High Fire Hazard Severity Zone designation;
- A fire-hazard designation without ever having suffered a fire; or
- Both conditions.
Applicable disclosures should address the actual facts.
24. As-Is Transactions
The Website markets the acquisition of property in as-is condition.
“As-is” may mean that the purchaser does not require the seller to make repairs.
It does not automatically eliminate:
- TDS requirements;
- Natural Hazard Disclosure requirements;
- Wildfire disclosures;
- Fraud or concealment liability;
- Material-fact disclosure duties;
- Contractual representations;
- Federal disclosures;
- Foreclosure protections;
- Title requirements;
- Government orders; or
- Other non-waivable duties.
25. No Universal Requirement to Repair Before Sale
California does not impose one statewide rule requiring every fire-damaged house to be fully repaired before transfer.
A property may potentially be sold while damaged.
Separate building codes, unsafe-building orders, fire codes, permits, utility restrictions, hazardous-material requirements, occupancy restrictions, insurance obligations, local ordinances, and contract terms may nevertheless affect the property.
26. San Jose Damage Survey Process
The City of San Jose maintains a formal Damage Survey process for buildings damaged by fire, flooding, vehicles, or other catastrophes.
A property owner may apply for a City inspection and Damage Survey report.
The City states that the process can provide benefits such as:
- Expedited plan review and inspection;
- Potential waiver of certain construction taxes; and
- Other damage-repair-project benefits.
This process may be useful for a San Jose fire-damaged property.
It should not be described as a universal prerequisite to selling every fire-damaged house unless the applicable City requirement, permit, order, or transaction actually makes it necessary.
27. San Jose Damage Repair and Permit Requirements
Fire-damaged property within San Jose may require City review for subsequent:
- Structural repair;
- Electrical repair;
- Plumbing repair;
- Mechanical repair;
- Roofing;
- Chimney repair;
- Demolition;
- Fire-related work;
- Occupancy restoration; or
- Other construction.
Applicable requirements depend on the extent of damage and proposed work.
28. San Jose Fire and Building Codes
Property within San Jose is subject to applicable City-adopted building and fire codes.
A City permit does not authorize work that violates another applicable code or law.
Where multiple City departments or agencies regulate a project, separate approvals may be required.
29. Cleanup, Debris Removal, and Restoration
The Website describes services or processes involving debris removal, safety review, restoration planning, and property acquisition.
Any cleanup, hauling, demolition, hazardous-material handling, asbestos removal, lead-related work, or construction must comply with applicable contractor licensing, environmental, worker-safety, disposal, permit, and other requirements.
Nothing in these Terms represents that we personally perform regulated construction or environmental work unless legally authorized to do so.
30. 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.
Purchasing the property does not itself authorize regulated contracting work.
31. Inspections and Due Diligence
The Website markets a streamlined investor-purchase process but also states that property assessment and detailed inspection may occur.
A potential purchaser may conduct due diligence including:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Environmental review;
- Mold investigation;
- Permit research;
- Damage-survey review;
- Title review;
- Insurance review; and
- Other investigation.
These evaluations are performed for the purchaser’s transaction purposes unless a separate agreement states otherwise.
32. Fast Offer and Closing Claims
The Website advertises a 24-hour offer and 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;
- Damage surveys;
- Local permits;
- City orders;
- Escrow;
- Buyer funding; and
- Other circumstances.
33. “We Beat Market Offers” and Fair-Offer Claims
The Website states that it “beats market offers” and presents offers as fair or competitive.
Those statements should not be interpreted as a guarantee that:
- An offer will exceed every competing offer;
- An offer equals appraised fair market value;
- An offer equals repaired market value;
- The seller could not obtain a higher price elsewhere; or
- A particular investment formula will be used.
The signed purchase agreement controls the actual price and terms.
34. No Agent Fees
Where the seller enters a direct purchase transaction without a listing broker, the seller may avoid a traditional listing-agent commission.
If a real estate licensee participates, any compensation obligations will be governed by applicable representation agreements, agency disclosures, the purchase agreement, escrow instructions, and California law.
35. California Real Estate Licensing
California generally requires a real estate broker license where a person, for compensation or in expectation of 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 a purchase, sale, or exchange.
The actual relationship and conduct control.
36. Principal Purchaser Versus Broker
A genuine principal purchaser buying property for its own account is differently situated from someone acting for another for compensation.
Nothing in these Terms authorizes a person to avoid California licensing law merely by describing themselves as an investor, acquisition specialist, wholesaler, consultant, or cash buyer.
The actual conduct controls.
37. California Wholesaling
As of October 7, 2026, California has not enacted the proposed wholesaler-specific licensing regime contained in AB 1850.
AB 1850 remains pending after being held in Assembly Appropriations in May 2026.
Accordingly, these Terms do not state that AB 1850’s proposed wholesaling rules are current law.
38. Existing Brokerage Law Still Applies
The absence of an enacted wholesaler-specific statute does not mean every wholesaling or assignment arrangement is lawful without a license.
A contract holder or investor must avoid performing brokerage services for another without the required license.
Relevant facts include:
- Whether the person genuinely contracts as principal;
- Whether the person has acquired contractual rights;
- Whether the agreement permits assignment;
- What is being advertised;
- Whether the underlying property is marketed as though the contract holder owns it;
- Whether the person negotiates for another;
- Whether sellers or buyers are solicited for another; and
- Whether compensation is received for brokerage-type services.
39. Contractual Interest Is Not Legal Title
Holding a purchase contract, option, assignment right, or equitable interest is different from holding record title.
A contract holder should not falsely represent that the holder:
- Is the record owner;
- Owns legal title;
- Has already acquired the property;
- Is transferring title when only contractual rights are being assigned; or
- Has rights beyond those granted by the agreement.
40. Assignment Depends on the Contract
Whether a California purchase agreement may be assigned depends on the agreement’s language, anti-assignment provisions, required consent, the nature of the rights, California contract law, applicable licensing law, foreclosure protections, and other legal requirements.
Nothing on the Website guarantees assignability.
41. Homes in Foreclosure
California imposes particularly strong protections when an investor purchases an owner-occupied residence after a notice of default has been recorded.
A transaction can fall under the California Home Equity Sales Contract Act.
These rules are separate from ordinary TDS and natural-hazard disclosures.
42. Residence in Foreclosure
For purposes of California’s Home Equity Sales Contract Act, a covered residence in foreclosure generally involves residential real property:
- Containing one to four dwelling units;
- Occupied by the owner as the owner’s principal residence; and
- Subject to a recorded notice of default.
A covered investor can become an “equity purchaser.”
43. Home Equity Sales Contract Requirements
A covered home-equity purchase contract is subject to detailed statutory requirements.
Among other requirements, the agreement generally must:
- Be in writing;
- Use required type size;
- Be in the same language principally used to negotiate the transaction;
- Be fully completed;
- Be signed and dated;
- Contain prescribed transaction information; and
- Include required cancellation notices and forms.
44. Five-Business-Day Cancellation Right
A covered equity seller generally may cancel the home-equity sales contract until the earlier of:
- Midnight of the fifth business day after signing a compliant agreement; or
- 8:00 a.m. on the date scheduled for the foreclosure sale.
Nothing in these Terms limits that right.
45. Restrictions During the Cancellation Period
During the applicable cancellation period, a covered equity purchaser generally may not take actions prohibited by California law, including premature acceptance or recording of conveyance documents, prohibited transfers or encumbrances, or payment of consideration.
46. No Misleading Statements to a Distressed Seller
A covered equity purchaser may not make untrue or misleading statements concerning property value, proceeds, contract terms, cancellation rights, documents being signed, or other material transaction facts.
47. Foreclosure Consultants
California separately regulates mortgage foreclosure consultants.
A person may become a covered foreclosure consultant where, for compensation, the person represents that services will help:
- Stop or postpone foreclosure;
- Obtain forbearance;
- Obtain reinstatement;
- Obtain a waiver of acceleration;
- Obtain financing;
- Reduce foreclosure-related credit damage;
- Save the residence; or
- Provide other statutorily covered foreclosure assistance.
A purchaser seeking to acquire the property for its own account should not simultaneously portray itself as the homeowner’s paid foreclosure consultant.
48. Foreclosure Consultant Cancellation and Contract Rules
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.
Required statutory contract language and cancellation forms should be used where the relationship falls within the statute.
49. Foreclosure Consultant Registration and Bonding
California imposes registration and bonding requirements on covered foreclosure consultants, subject to statutory exceptions.
A person who performs covered foreclosure-consulting activity generally must maintain the required Department of Justice registration and a qualifying surety bond.
50. No Advance Compensation for Covered Foreclosure Consulting
California restricts advance compensation for covered foreclosure-consulting services.
A covered consultant generally may not collect compensation before performing the services as required by law.
51. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving an offer, or negotiating a purchase does not automatically:
- Stop a trustee sale;
- Cancel a notice of default;
- Extend a foreclosure deadline;
- Reinstate a mortgage;
- Cure default;
- Modify a loan;
- Create a forbearance; or
- Require the lender to delay foreclosure.
Homeowners facing foreclosure should independently determine all applicable deadlines.
52. Federal Mortgage-Assistance Rules
If a separate service constitutes mortgage-assistance-relief services under federal law, federal rules may separately regulate advance fees, advertising representations, consumer notices, communications with lenders and servicers, and acceptance procedures.
53. 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 contacting your lender;
- You should stop making legally required payments; or
- Selling to us is your only option.
54. Multilingual Contract Requirements
California provides special consumer protections where qualifying 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,
the business may be required to provide a translation of the contract before it is executed.
Any multilingual Website or sales process must preserve applicable translation rights.
55. Probate, Estate, Trust, and Inherited Property
Submitting inherited, estate, probate, or trust property does not establish legal authority to sell.
A transaction may require:
- Personal-representative authority;
- Executor or administrator authority;
- Trustee authority;
- Court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
Certain fiduciary transfers may qualify for exemptions from ordinary TDS requirements, but exemptions are transaction-specific.
56. 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 is established.
Property owners are responsible for understanding insurance coverage, proof-of-loss requirements, claim deadlines, repair obligations, mortgage-holder rights, proceeds, recoverable depreciation, assignment restrictions, additional living expenses, salvage, and policy conditions.
57. Pending Insurance Claims
If property is sold while an insurance claim remains pending, transaction documents should address the parties’ rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related benefits.
58. Insurance Proceeds Do Not Automatically Transfer
A property purchase does not automatically transfer an insurance policy or pending claim.
Whether insurance rights or proceeds can be assigned or retained depends on:
- Policy language;
- Applicable insurance law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- The transaction agreement.
59. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
If a seller seeks assistance negotiating an insurance claim, the seller should work with an appropriately licensed professional or attorney where required.
60. San Jose Permits and Damage Surveys
The City of San Jose maintains public permit-search tools and a specific process for requesting a Damage Survey following fire and other catastrophic damage.
A potential purchaser may research existing permits, inspection records, damage-survey information, and unresolved municipal issues as part of due diligence.
61. San Jose Building Repair Requirements
Fire-repair work within San Jose may require permits and inspections.
Current City materials identify damage-repair projects, chimney repair, demolition, electrical, structural, mechanical, and other project categories.
The exact permits depend on the property and the work being performed.
62. Fire Safety and Wildfire Construction Rules
Where a San Jose property is subject to California wildfire-protection construction standards, repair or reconstruction may be subject to applicable requirements of the California Building Code, Residential Code, Fire Code, and local amendments.
The applicable parcel, damage, and scope of work control.
63. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying housing constructed before 1978.
Nothing on the Website replaces those federal obligations.
64. Common Interest Developments
If a property is located in a California condominium, planned development, or other common-interest development, the seller may have separate duties under the Davis-Stirling Common Interest Development Act to provide governing documents, assessments, financial information, insurance information, and other association disclosures.
65. Telephone Communications
By providing a telephone number and requesting an offer, you authorize reasonable responsive communications concerning your 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.
66. California Recording Law
California generally prohibits intentionally recording a confidential telephone, electronic, or in-person communication without the consent of all parties, subject to statutory exceptions.
Confidential acquisition calls should therefore not be silently recorded merely because one participant consents.
Where calls are recorded, appropriate recording notice and legally sufficient consent should be obtained from all participants.
67. Text Messages
If you provide a mobile number and applicable consent, we may communicate by text concerning your inquiry, property, scheduling, inspections, offers, follow-up, and potential transactions.
Where required, additional consent will be obtained before regulated automated or promotional 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.
68. 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 include an unsubscribe mechanism.
69. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This consent does not override any law requiring a document to be delivered in a particular form, language, or manner.
70. Privacy
Our handling of personal information is described in our Privacy Policy.
71. Independent Decision-Making
Selling fire-damaged property can have significant legal, tax, financial, insurance, construction, environmental, and personal consequences.
You may wish to consult a California attorney, licensed real estate professional, tax professional, accountant, insurance professional, licensed contractor, engineer, environmental professional, appraiser, HUD-approved housing counselor, or another qualified adviser.
72. No Professional Advice
Website content does not constitute individualized legal, tax, accounting, financial, insurance, construction, engineering, environmental, appraisal, mortgage, or foreclosure advice.
73. No Automatic Agency or Fiduciary Relationship
Use of the Website does not itself create:
- Seller agency;
- Buyer agency;
- A brokerage relationship;
- A fiduciary relationship;
- Partnership;
- Joint venture; or
- Employment.
If a California licensed real estate professional participates, applicable agency, brokerage, and representation documentation controls.
74. 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 access, introduce malicious code, circumvent security, abuse Website forms, interfere with Website operation, or violate another person’s rights.
75. 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 Houses With Fire Damage San Jose.
You may not commercially reproduce protected Website content without authorization.
76. Third-Party Websites and Services
We are not responsible for independent third-party websites, privacy practices, content, security, products, services, representations, or conduct.
77. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
78. 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;
- Completion of a transaction; or
- A particular financial result.
79. Marketing Claims
Website statements describing offers as fast, fair, competitive, transparent, guaranteed, immediate, or superior to market offers describe marketing objectives or possible service features and should not be interpreted as guarantees of a particular economic result.
The executed transaction documents control.
80. Testimonials
Testimonials describe individual experiences and do not guarantee that another seller will receive the same offer, timing, transaction structure, or outcome.
81. 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.
82. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE SAN JOSE 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 a separately executed purchase agreement, assignment agreement, brokerage agreement, Home Equity Sales Contract, foreclosure-consulting agreement, insurance-related agreement, contractor agreement, or other transaction-specific document unless that agreement expressly provides otherwise and applicable law permits it.
83. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for the independent conduct, representations, contracts, pricing, performance, privacy practices, or professional services of unaffiliated third parties.
Nothing in this provision eliminates liability that applicable law does not permit to be excluded.
84. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage San Jose from claims arising from your unlawful use of the Website, material breach of these Terms, fraudulent information knowingly submitted by you, information knowingly submitted without authority, or violation of another person’s rights.
85. Governing Law
These Terms are governed by the laws of the State of California, except where another law must apply.
86. 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.
Separately executed transaction agreements may contain different enforceable dispute provisions.
87. 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;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
88. 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.
89. 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.
90. 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.
91. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
92. Assignment
You may not assign these Website Terms without our written consent.
We may assign these Website Terms in connection with a merger, acquisition, financing, restructuring, affiliate reorganization, or sale of assets, subject to applicable law.
This 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 protections, and other applicable requirements.
93. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
94. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage San Jose
San Jose, California
United States
Website: ibuyhouseswithfiredamagesanjose.com