Effective Date: October 8, 2026
Last Updated: October 8, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyfiredamagedhomesmodestocalifornia.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Modesto California (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting an 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. Our Role
The Website presently markets our business principally as a direct cash purchaser of fire-damaged property in Modesto, California.
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 broker;
- Mortgage lender;
- Mortgage servicer;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
3. Direct Purchase Model
Where we seek to purchase property for our own account:
- Our economic interests may differ from the seller’s;
- We may seek a purchase price accounting for repairs, cleanup, holding costs, closing 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.
4. 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 applicable statutory cancellation or termination rights.
5. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a prior 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 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 another person’s information; or
- Violation of an existing purchase agreement.
8. 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 condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling systems;
- Repairs;
- Building permits;
- Fire permits;
- Code-enforcement records;
- Insurance claims;
- Probate;
- Foreclosure;
- Fire Hazard Severity Zones;
- Comparable sales; and
- Other information relevant to evaluating a transaction.
9. Property Assessments
Although the Website states that sellers do not need to obtain or pay for inspections, we may conduct our own acquisition-related due diligence.
An assessment may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Fire-hazard research;
- 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 is not 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 incorporated into a legally enforceable written transaction agreement.
A preliminary offer may change after due diligence.
11. Offer Methodology
Potential offers may take into account:
- Existing property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup expenses;
- Permit expenses;
- Holding costs;
- Taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation method, purchase price, or financial result is guaranteed.
12. Binding Transactions
A binding real estate transaction arises only when 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-related disclosures where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Buyer funding;
- Modesto permits or code matters;
- 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 physical property condition, systems, defects, improvements, and other information specified by California law.
A direct cash sale is not automatically exempt merely because:
- The purchaser is an investor;
- The property is being sold as-is;
- No traditional listing agent is involved;
- The buyer is paying cash; or
- The parties hope to close rapidly.
14. TDS Timing
For a conventional covered sale, the applicable TDS generally must be delivered as soon as practicable before transfer of title.
Certain installment-sale, lease-option, ground-lease, and other transaction structures have different timing requirements.
Applicable disclosures should be delivered as early as practicable.
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 purchaser:
- 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 an applicable statutory termination period.
16. TDS Requirements Cannot Simply Be Waived
Where California’s TDS statute applies, its requirements cannot simply be avoided by labeling a transaction:
- Cash;
- As-is;
- Investor purchase;
- No-repair;
- No-inspection; or
- Fast close.
Nothing in these Terms authorizes a waiver that California law makes void against public policy.
17. TDS Exemptions
California provides transaction-specific exemptions for certain transfers, 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 statutorily identified transfers.
An exemption should be confirmed for the particular transaction rather than assumed.
18. Fire Damage and California Disclosure Duties
A prior fire may create current property conditions involving:
- Structural components;
- Roofs;
- Foundations;
- Electrical systems;
- Plumbing systems;
- Heating and cooling systems;
- Fireplaces or chimneys;
- Smoke and carbon-monoxide detectors;
- Water intrusion;
- Mold;
- Hazardous substances;
- Additions or alterations;
- Repairs;
- Permits; and
- Other matters affecting value or desirability.
Known material fire-related conditions should not be concealed or misrepresented.
19. Material Facts
California real estate law preserves duties concerning facts materially affecting the value or desirability of real property.
Fire-related conditions can be material depending on:
- Severity;
- Remaining damage;
- Repair quality;
- Permit status;
- Structural consequences;
- Environmental consequences;
- Insurability;
- Habitability;
- Market impact; and
- Other circumstances.
20. No Universal Fire-Document Package
California does not impose one universal rule requiring every seller automatically to deliver every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Environmental report; or
- Inspection record
to every buyer.
A particular document may nevertheless be:
- Required by contract;
- Needed to explain a known material condition;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by the City of Modesto; or
- Required under another law.
21. Fire Reports
The City of Modesto Fire Department maintains a process for requesting fire reports.
California law also provides qualifying victims, property owners or representatives, insurers, and persons suffering qualifying property damage access to specified incident information, subject to applicable investigation and safety limitations.
The availability of a fire report does not mean every seller must automatically provide every fire investigative record to every purchaser.
22. California Natural Hazard Disclosure Statement
California separately requires a Natural Hazard Disclosure Statement (“NHD”) in qualifying real estate transfers.
Depending on the parcel, the NHD can address whether property is within specified:
- Flood hazard areas;
- Dam-inundation areas;
- Fire Hazard Severity Zones;
- Wildland areas;
- Earthquake fault zones; and
- Seismic hazard zones.
The applicable parcel should be evaluated using current official information.
23. Modesto and Fire Hazard Severity Zones
Older official City of Modesto planning materials stated that the City did not fall within a mapped Fire Hazard Severity Zone.
California, however, completed a major Local Responsibility Area fire-hazard remapping process in 2025.
Accordingly:
- Do not rely only on an older City map;
- Do not assume that every Modesto address has no fire-hazard designation;
- Do not assume that a burned house automatically is in a wildfire hazard zone; and
- Check the current official parcel-specific map applicable when the transaction occurs.
24. Actual Structure Fire Versus Wildfire Hazard
Actual fire damage and statutory wildfire-hazard classification are different issues.
A property may:
- Have suffered a structure fire without being located in a High or Very High Fire Hazard Severity Zone;
- Be located in a statutory wildfire zone without having suffered a fire; or
- Have both conditions.
Property disclosures should address the actual facts.
25. Additional Wildfire Disclosure for Certain Pre-2010 Homes
Where a covered California residential property 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 imposes additional wildfire-hardening disclosure requirements.
The disclosure addresses specified vulnerable building features.
For transactions on or after July 1, 2025, the notice also identifies which listed low-cost wildfire retrofits, if any, were completed while the seller owned the property.
26. As-Is Transactions
The Website advertises purchase of properties in their present or “as-is” condition.
“As-is” may mean the purchaser does not require the seller to make repairs before closing.
It does not automatically eliminate:
- TDS requirements;
- NHD requirements;
- Wildfire disclosures where applicable;
- Fraud or concealment liability;
- Material-fact disclosure duties;
- Contractual representations;
- Federal disclosures;
- Foreclosure protections;
- Title obligations;
- Government orders; or
- Other non-waivable duties.
27. No Universal Requirement to Repair Before Sale
California does not impose one statewide rule requiring every fire-damaged residence to be fully repaired before transfer.
A damaged property may potentially be sold in its existing condition.
Separate:
- Building codes;
- Unsafe-building orders;
- Building permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Fire requirements;
- Demolition requirements;
- Occupancy restrictions;
- Environmental requirements;
- Insurance obligations; and
- Contract terms
may nevertheless affect the property.
28. Modesto Building Permits
The City of Modesto requires building permits so that construction work can be reviewed for compliance with applicable life-safety requirements and building codes.
Fire-damage repair may require plans, permits, and inspections depending on:
- Structural damage;
- Scope of repair;
- Electrical work;
- Plumbing work;
- Mechanical work;
- Demolition;
- Reconstruction; and
- Other project characteristics.
29. Modesto Plan Review and Inspection
For most projects requiring permits, City Building Safety may require plans before permit issuance.
Permitted work is subject to City inspection, and work generally should not be covered before applicable inspections are completed.
The exact procedure depends on the project.
30. Modesto Fire Prevention Plans and Permits
The Modesto Fire Prevention Division separately reviews specified fire-related plans and permits.
Depending on the property and reconstruction scope, the project may involve review concerning:
- Fire alarms;
- Fire sprinklers;
- Fire-service infrastructure;
- Fire access;
- Occupancy;
- Fire-water systems; or
- Other fire-code matters.
A building permit does not automatically replace any separately required Fire Prevention approval.
31. Code Enforcement and Fire-Damaged Structures
A severely fire-damaged property can be subject to:
- Code-enforcement action;
- Unsafe-building findings;
- Repair orders;
- Demolition orders;
- Required stabilization;
- Utility restrictions;
- Permit deadlines; or
- Other governmental requirements.
A sale does not automatically cancel those requirements.
The purchase agreement should address known governmental orders where appropriate.
32. Cleanup and Restoration
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated service
must comply with applicable contractor, environmental, worker-safety, disposal, permit, and other legal requirements.
Nothing in these Terms represents that we personally perform regulated contractor services unless lawfully authorized.
33. California Contractor Licensing
California separately regulates contractors.
Where repair, demolition, reconstruction, restoration, or remediation requires a licensed contractor, the work must be performed through an appropriately licensed person or entity unless a lawful exemption applies.
Purchasing property does not itself create authority to perform regulated contracting work.
34. Owner-Builder Exemptions Should Not Be Assumed
California provides limited owner-builder exemptions, but those exemptions contain important restrictions.
An investor acquiring property to renovate and resell should not assume that a homeowner or owner-occupant exemption automatically applies.
Whether a contractor license or licensed contractor is required depends on:
- The work;
- Who performs it;
- The intended use or resale;
- Applicable statutory exemptions; and
- Other project facts.
35. Inspections and Due Diligence
The Website states that sellers do not need to obtain inspections before selling.
That does not mean the purchaser waives its own right to perform transaction due diligence.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical review;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
36. 24-Hour Offer Claims
The Website states that a no-obligation cash offer may often be prepared within approximately 24 hours.
That description concerns possible service timing and is not a guarantee.
Offer timing may depend on:
- Property information;
- Ownership verification;
- Damage;
- Access;
- Title;
- Insurance information;
- Market information; and
- Other due diligence.
37. Seven-Day Closing Claims
The Website advertises potential closing in as little as approximately seven days.
That is not a guarantee.
Actual closing timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- TDS delivery;
- Buyer termination periods;
- Natural Hazard Disclosure;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- City orders or permits;
- Escrow;
- Buyer funding; and
- Other circumstances.
38. Closing Costs, Fees, and Commissions
The Website states that:
- There are no agent commissions;
- There are no hidden seller fees; and
- The buyer covers closing costs.
Any such arrangement should be stated in the executed purchase agreement and reflected accurately in escrow and settlement documents.
The Website’s marketing language does not override signed transaction documents.
39. “The Offer Is What You Receive” Claim
The Website states that the cash offer is the amount the seller will receive at closing.
That statement should be qualified.
A seller’s actual net proceeds can be affected by matters including:
- Mortgage payoff;
- Property-tax prorations;
- Liens;
- Judgments;
- Child-support liens;
- HOA balances;
- Utility liens;
- Escrow instructions;
- Agreed credits;
- Tax withholding;
- Other seller obligations; and
- Transaction-specific adjustments.
The purchase price and the seller’s net proceeds are not necessarily the same number.
40. California Real Estate Licensing
California generally requires a real estate broker license where a person, for compensation or expected compensation, acts for another to perform regulated services including:
- Selling or offering to sell real estate;
- Buying or offering to buy real estate;
- Soliciting prospective sellers or buyers;
- Obtaining listings; or
- Negotiating a purchase, sale, or exchange of real property.
The actual conduct and relationship control.
41. Principal Purchaser Versus Broker
A genuine principal purchaser seeking to acquire property for its own account is differently situated from a person performing brokerage activity for another for compensation.
Nothing in these Terms authorizes a person to evade California licensing requirements merely by calling themselves:
- An investor;
- Cash buyer;
- Acquisition specialist;
- Wholesaler;
- Consultant; or
- Contract buyer.
The actual facts control.
42. California Wholesaling — AB 1850 Is Not Current Law
California Assembly Bill 1850 was introduced in 2026 to impose explicit licensing and disclosure rules on real estate wholesaling.
As of October 8, 2026, that bill has not become law.
Its last legislative action was that it was held under submission in Assembly Appropriations on May 14, 2026.
These Terms therefore do not represent AB 1850’s proposed requirements as current California law.
43. Existing Licensing Law Still Applies
The absence of an enacted wholesaler-specific statute does not mean every wholesale or assignment transaction is lawful without a real estate license.
Relevant factors may include:
- Whether the person genuinely contracts as a principal;
- Whether contractual rights were actually acquired;
- Whether the agreement permits assignment;
- What interest is being marketed;
- Whether another person’s real property is being marketed;
- Whether the contract holder falsely represents title;
- Whether negotiations occur for another person;
- Whether sellers or buyers are solicited for another; and
- Whether compensation is received for brokerage-type activity.
44. 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 state that:
- It is the deed owner;
- It owns legal title;
- Title has already transferred;
- It is selling the property itself when only contractual rights are being transferred; or
- It possesses rights beyond those granted by the agreement.
45. Assignment Depends on the Contract
Whether a California purchase agreement may be assigned depends on:
- Contract language;
- Anti-assignment provisions;
- Required seller consent;
- California contract law;
- California licensing law;
- Foreclosure protections; and
- Other applicable requirements.
Nothing on the Website guarantees that a particular agreement can be assigned.
46. Homes Already in Foreclosure
California imposes particularly strong protections where an investor purchases a qualifying owner-occupied residence after a notice of default has been recorded.
Such transactions can fall under California’s Home Equity Sales Contract Act.
These protections are separate from ordinary seller-disclosure rules.
47. Residence in Foreclosure
A covered residence in foreclosure generally involves:
- Residential real property containing one to four dwelling units;
- One unit occupied by the record owner as the owner’s principal residence; and
- A recorded notice of default.
A covered investor purchaser can become an “equity purchaser.”
48. Home Equity Sales Contract Requirements
A covered agreement generally must satisfy detailed statutory requirements concerning:
- Written form;
- Type size;
- Language;
- Transaction information;
- Signatures;
- Consideration;
- Possession;
- Rental terms where applicable; and
- Cancellation notices and forms.
These Website Terms do not replace those documents.
49. Five-Business-Day Equity-Seller Cancellation Right
A covered California equity seller generally may cancel until the earlier of:
- Midnight of the fifth business day after signing a compliant contract; or
- 8:00 a.m. on the day scheduled for the foreclosure sale.
Nothing in these Terms limits that statutory right.
50. 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.
51. No Misleading Statements to an Equity Seller
A covered equity purchaser may not make false or misleading statements concerning matters including:
- Property value;
- Seller proceeds;
- Contract terms;
- Cancellation rights;
- Legal consequences; or
- Documents being signed.
52. 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:
- Stop or postpone foreclosure;
- Obtain forbearance;
- Obtain reinstatement;
- Obtain waiver of acceleration;
- Obtain financing;
- Reduce foreclosure-related credit damage;
- Save the residence; or
- Provide other covered foreclosure-related assistance.
A direct purchaser should not simultaneously portray itself as the seller’s paid foreclosure consultant unless separately structured in full compliance with applicable law.
53. Foreclosure-Consultant Cancellation Right
A covered foreclosure-consultant agreement generally must disclose that the homeowner may cancel until midnight of the fifth business day after the transaction.
The statute requires detailed contract language and cancellation forms.
54. No Advance Compensation for Covered Foreclosure Consulting
A covered foreclosure consultant generally may not collect compensation until the consultant has fully performed the promised services as required by California law.
55. Foreclosure Consultant Acquisition Restrictions
A covered foreclosure consultant generally may not use the consulting relationship to acquire an interest in the client’s residence in violation of California law.
A principal buyer should keep its acquisition role operationally separate from paid foreclosure-relief consulting.
56. Requesting an Offer Does Not Stop Foreclosure
Submitting information to the Website, receiving a possible offer, or negotiating a transaction 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 forbearance; or
- Require a lender or servicer to delay enforcement.
Homeowners facing foreclosure should independently determine all relevant deadlines.
57. No Foreclosure-Rescue Guarantees
Unless separately authorized and legally qualified, we do not represent that:
- We act for your lender;
- We act for your mortgage 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.
58. Federal Mortgage-Assistance Rules
Where a separate service constitutes mortgage-assistance-relief services under federal law, additional federal requirements may regulate:
- Advance fees;
- Advertising;
- Required disclosures;
- Communications with lenders or servicers; and
- Consumer acceptance.
59. Multilingual Contract Requirements
California provides special protections where certain transactions are negotiated principally in particular languages.
Where Civil Code section 1632 applies and negotiations occur principally in:
- Spanish;
- Chinese;
- Tagalog;
- Vietnamese; or
- Korean,
a translation of the agreement may be required before execution.
Website translation features do not eliminate transaction-level translation duties.
60. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish 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 disclosure exemptions, but those exemptions are transaction-specific.
61. 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.
62. 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.
63. Insurance Rights Do Not Automatically Transfer
A property sale does not automatically transfer:
- The seller’s insurance policy;
- A pending insurance claim;
- Claim proceeds;
- Recoverable depreciation; or
- Other policy rights.
Those matters depend on:
- Policy language;
- Applicable law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- Transaction documents.
64. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A property owner seeking assistance negotiating an insurance claim should work with an appropriately licensed professional or attorney where required.
65. Recently Renovated Resale — 18-Month Rule
California imposes an additional disclosure requirement when a seller of a single-family residential property accepts an offer within 18 months after acquiring title.
Where applicable, the seller must disclose qualifying:
- Room additions;
- Structural modifications;
- Alterations;
- Repairs performed by contractors;
- Contractor identity and qualifying contact information; and
- Permit information.
This requirement can be particularly important where an investor acquires a fire-damaged home, repairs it, and quickly resells it.
66. Permits for Recent Resale Repairs
Where the 18-month resale disclosure statute applies and the seller obtained permits for covered work, copies generally must be supplied as required by law.
If a third-party contractor obtained a permit and the seller does not possess it, the statute provides a process for identifying where the buyer may obtain the relevant information.
67. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential property constructed before 1978.
Nothing on the Website replaces applicable federal obligations.
68. Common Interest Developments
If a property is located in a condominium, planned development, stock cooperative, or another qualifying common-interest development, separate California disclosure requirements can apply concerning:
- Governing documents;
- Assessments;
- Budgets;
- Reserves;
- Insurance;
- Rules;
- Pending proceedings;
- Meeting materials; and
- Other association matters.
69. 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.
70. 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 merely because one participant consents.
Where calls are recorded, appropriate notice and legally sufficient consent should be obtained from all participants.
71. Text Messages
If you provide a mobile telephone number and applicable consent, we may communicate by text concerning:
- Your inquiry;
- Property research;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Where required, additional consent will be obtained before regulated automated or marketing texts 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.
72. 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.
73. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This consent does not eliminate any document that applicable law requires to be provided in another form, language, or manner.
74. Privacy
Our handling of personal information is described in our Privacy Policy.
75. Independent Decision-Making
Selling fire-damaged property 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 licensed contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
76. 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.
77. 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 documents control.
78. 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.
79. 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 Modesto California.
You may not commercially reproduce protected Website content without authorization.
80. Third-Party Websites and Services
We do not control or accept responsibility for independent third-party:
- Websites;
- Privacy practices;
- Security;
- Content;
- Products;
- Services;
- Representations; or
- Conduct.
81. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
82. 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 contract assignment;
- Insurance recovery;
- Resolution of City violations;
- Completion of a transaction; or
- A particular financial result.
83. Marketing Claims
Website statements describing offers or the process as:
- Fair;
- Competitive;
- Fast;
- Immediate;
- Transparent;
- Hassle-free;
- No-pressure;
- No-fee; or
- Similar language
describe intended or possible service characteristics and do not guarantee a particular financial result.
The executed transaction documents control.
84. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same timing;
- The same transaction structure; or
- The same outcome.
85. 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 applicable law does not permit to be waived.
86. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE MODESTO 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.
87. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for independent third-party:
- Representations;
- Contracts;
- Pricing;
- Professional services;
- Performance;
- Privacy practices; or
- Conduct.
Nothing in this section eliminates liability that applicable law does not permit to be excluded.
88. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Modesto 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.
89. Governing Law
These Terms are governed by the laws of the State of California, except where another law must apply.
90. 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.
91. 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;
- City of Modesto building or fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
92. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Transfer Disclosure Statements;
- Natural Hazard Disclosure Statements;
- Wildfire-related 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.
93. 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.
94. 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.
95. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
96. 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 restrictions; and
- Other applicable requirements.
97. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
98. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Modesto California
Modesto, California
United States
Website: ibuyfiredamagedhomesmodestocalifornia.com