Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagefresno.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Fresno (“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 or code-enforcement proceedings;
- 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 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 currently represents that we operate as a direct buyer rather than as an intermediary or wholesaler.
Where we seek to acquire property for our own account:
- Our economic interests may differ from the seller’s interests;
- We may seek a purchase price that accounts for repairs, cleanup, permits, holding costs, transaction costs, risk, and investment return;
- We negotiate for ourselves unless another written relationship expressly provides otherwise; and
- We do not automatically owe the seller duties associated with the seller’s agent, broker, attorney, fiduciary, appraiser, or financial adviser.
If the structure of a particular transaction differs from this direct-buyer model, the actual transaction documents and legally required disclosures control.
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 lender;
- Mortgage servicer;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional 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 an earlier 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 are authorized to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily authorize that person to bind all owners.
7. Agents, Wholesalers, and Representatives
If an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, executor, administrator, 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;
- Property taxes;
- Foreclosure-related records;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs and restoration;
- Building permits;
- Fire permits;
- Code-enforcement records;
- Public-nuisance proceedings;
- Insurance claims;
- Probate;
- Tenant status;
- Comparable sales; and
- Other matters relevant to evaluating a transaction.
9. Property Assessments
An acquisition evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Code-enforcement research;
- Fire-department record review;
- Title review;
- Insurance review;
- Tenant 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 included in an enforceable written transaction agreement.
A preliminary offer may change after due diligence.
11. Offer Methodology
Potential offers may consider:
- Current property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Repair and restoration expenses;
- Cleanup costs;
- Permit expenses;
- Code-enforcement issues;
- Holding expenses;
- Property taxes;
- Insurance;
- Closing costs;
- 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;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- City of Fresno permits or orders;
- Code-enforcement liens;
- Buyer funding;
- Escrow; and
- Other legal or contractual requirements.
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.
A direct cash or investor sale is not automatically exempt merely because:
- The buyer is an investor;
- The property is fire-damaged;
- The property is sold as-is;
- No traditional listing agent participates;
- The transaction is cash; or
- The parties want 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.
Certain real-property-sales-contract, lease-option, ground-lease, and similar arrangements have separate timing rules.
Applicable disclosure documents should be provided as early as practicable.
15. 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 prospective 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 an applicable statutory termination right.
16. TDS Requirements Cannot Simply Be Waived
California law provides that a waiver of the statutory TDS requirements is void against public policy where the statute applies.
Accordingly, labels such as:
- “As-is”;
- “Cash buyer”;
- “Investor purchase”;
- “No inspection”; or
- “Fast close”
do not by themselves eliminate a legally required TDS.
17. TDS Exemptions
California provides specific exemptions for certain transfers, including qualifying:
- Court-ordered transfers;
- Probate-court sales;
- Foreclosure sales;
- 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 transactions.
An exemption should be confirmed for the actual transaction rather than assumed.
18. Fire Damage and Seller Disclosure
Fire-related conditions can be material to a purchaser even where a statutory form does not separately list every historical fire event.
A fire can affect:
- Structural framing;
- Roofs;
- Foundations;
- Electrical systems;
- Plumbing;
- Heating and cooling;
- Fireplaces or chimneys;
- Smoke or carbon-monoxide detectors;
- Water intrusion;
- Mold;
- Hazardous materials;
- Repairs;
- Building permits;
- Code compliance;
- Occupancy; and
- Other conditions affecting value or desirability.
Known material fire-related conditions should not be concealed or misrepresented.
19. Material Facts
California’s disclosure framework preserves duties concerning material facts affecting the value or desirability of property.
An as-is purchase does not authorize fraud, concealment, or intentional misrepresentation.
20. No Universal Fire-Document Package
California does not impose one universal requirement that every seller automatically give every buyer every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Environmental report;
- Photograph;
- Repair estimate;
- Permit;
- Remediation report; or
- Inspection record.
A particular record may nevertheless be:
- Required by contract;
- Relevant to explaining a known condition;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by the City of Fresno;
- Required by an escrow or title professional; or
- Required under another law.
21. California Natural Hazard Disclosure Statement
California separately requires a Natural Hazard Disclosure Statement (“NHD”) in qualifying residential transactions.
The NHD addresses specified hazards including:
- Special flood hazard areas;
- Dam-inundation areas;
- Earthquake fault zones;
- Seismic hazard zones;
- High or Very High Fire Hazard Severity Zones; and
- Identified wildland fire areas.
The specific parcel should be evaluated using current official hazard information.
22. Actual Fire Damage Is Different From Fire Hazard Zoning
Historical fire damage and statutory Fire Hazard Severity Zone classification are different concepts.
A Fresno property can:
- Have suffered an actual structure fire without being in a High or Very High Fire Hazard Severity Zone;
- Be located in a designated hazard zone without previously suffering a structure fire; or
- Have both characteristics.
Disclosure and marketing should address the actual facts.
23. Wildfire Disclosure for Certain Pre-2010 Homes
Where property subject to California’s 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 impose additional wildfire-hardening disclosures.
For transactions on or after July 1, 2025, the seller’s disclosure also identifies which statutorily listed low-cost retrofits, if any, were completed during the seller’s ownership.
This requirement depends on the actual parcel and property characteristics.
24. As-Is Transactions
The Website advertises purchasing properties in their current condition.
“As-is” may mean that the purchaser will not require the seller to perform repairs before closing.
It does not automatically eliminate:
- TDS obligations;
- NHD obligations;
- Wildfire disclosures;
- Fraud or concealment liability;
- Material-fact disclosure duties;
- Contractual representations;
- Federal disclosures;
- Foreclosure protections;
- Code-enforcement requirements;
- Title obligations; or
- Other non-waivable legal duties.
25. No Universal Requirement to Repair Before Sale
California does not impose one statewide rule requiring every fire-damaged residence to be completely restored before it can be sold.
A fire-damaged property may potentially be transferred in its present condition.
However, local building, nuisance, occupancy, safety, and permit requirements may require repair, stabilization, securing, or demolition independently of the sale.
26. Fresno’s 90-Day Fire-Damaged Building Rule
The City of Fresno specifically regulates fire-damaged residential buildings that are not safe and legal to occupy.
Such a building generally must be:
- Fully repaired; or
- Demolished
within 90 days after the fire.
The City’s Director may grant a continuance where satisfactory documentation shows that delay was not the owner’s fault and the owner made good-faith efforts to complete the repair or demolition within the required period.
Until demolition or repairs are complete, the property owner must secure the building against unauthorized access.
27. Sale Does Not Automatically Reset the 90-Day Requirement
A sale or transfer should not be assumed to:
- Restart the 90-day period;
- Eliminate an existing code-enforcement proceeding;
- Vacate a nuisance determination;
- Cancel a repair or demolition requirement; or
- Legalize an unsafe occupancy.
Before closing, the parties should determine the current status of all Fresno code-enforcement requirements.
28. Fresno Hazardous-Structure Enforcement
Fresno Code Enforcement specifically evaluates:
- Dilapidated buildings;
- Fire-damaged structures;
- Severely distressed residential or commercial buildings; and
- Other hazardous conditions.
Where an owner fails to remedy a qualifying condition, the City may pursue renovation, abatement, or demolition through applicable procedures.
29. Securing a Vacant Fire-Damaged Building
A fire-damaged or vacant building should be secured against unauthorized access where required.
Applicable measures may include:
- Securing doors;
- Boarding broken windows;
- Securing garages and accessory structures;
- Maintaining fencing;
- Removing hazards; and
- Complying with City orders.
A sale does not eliminate a current securing requirement.
30. Fresno Building Permits
The City of Fresno generally requires permits for covered work involving:
- Construction;
- Alteration;
- Repair;
- Moving;
- Demolition;
- Change of occupancy;
- Electrical systems;
- Gas systems;
- Mechanical systems; and
- Plumbing systems.
Fire restoration can therefore involve multiple permit categories depending on the damage.
31. Fresno Fire-Protection-System Permits
A City building demolition permit does not automatically authorize demolition or alteration of a regulated fire-protection or life-safety system.
Where a project affects such systems, a separate Fresno Fire Department permit may be required.
This can apply to work involving fire alarms, sprinklers, suppression equipment, or other regulated systems.
32. Current Building and Fire Codes
California’s 2025 Building Standards Code became effective January 1, 2026.
Fresno adopted the 2025 California Fire Code with local amendments for its current code cycle.
Repair or reconstruction work should comply with the codes applicable when permits are issued, including applicable local amendments.
33. Construction Without Permits
Fresno Code Enforcement monitors construction, alteration, repair, or demolition for which permits are legally required.
Purchasing property as-is does not authorize:
- Unpermitted reconstruction;
- Unpermitted electrical work;
- Unpermitted plumbing work;
- Unpermitted structural work; or
- Other work contrary to applicable City requirements.
34. City Liens and the Fresno Lien Waiver Program
A fire-damaged or distressed property may carry City code-enforcement liens, fines, citations, or abatement costs.
Fresno operates a Code Lien Waiver Program through which a prospective purchaser may contact the City before purchase, obtain a summary of qualifying liens, propose a scope of work to bring the property into compliance, and potentially enter a lien-waiver agreement.
Eligibility, amounts, deadlines, and approval are determined by the City.
Nothing on the Website guarantees that a lien will be waived.
35. Cleanup and Restoration
The Website advertises that cleanup may be handled as part of its transaction process.
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated work
must comply with applicable:
- Contractor licensing requirements;
- Environmental requirements;
- Worker-safety requirements;
- Disposal rules;
- Permits; and
- Other law.
Nothing in these Terms represents that we personally perform regulated contracting services unless legally authorized to do so.
36. California Contractor Licensing
California separately regulates contracting work.
Where repair, demolition, restoration, remediation, or reconstruction requires an appropriately licensed contractor, the work must be performed by a properly licensed person or entity unless a lawful exemption applies.
Buying the property does not itself authorize regulated contracting work.
37. Inspections and Due Diligence
Although the Website advertises eliminating costly traditional inspection requirements for the seller, a purchaser may still conduct due diligence permitted by the transaction documents.
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.
The seller is not promised that every transaction will proceed without buyer diligence.
38. Offer and Closing Timing
The Website advertises a rapid transaction and says a cash offer may be provided within a matter of days.
Any statement concerning:
- Same-day offers;
- Offers within 24 hours;
- Offers within a few days;
- Fast closing;
- Immediate cash;
- No repairs;
- No inspection; or
- Similar terms
describes a potential transaction structure rather than a guarantee.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- TDS delivery;
- Natural-hazard disclosures;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- Fresno code-enforcement orders;
- Permit issues;
- Buyer funding;
- Escrow; and
- Other circumstances.
39. Fair and Competitive Offer Claims
The Website describes its offers as fair or competitive.
Those statements should not be interpreted as a guarantee that:
- An offer equals appraised fair market value;
- An offer equals repaired retail value;
- No other buyer will pay more;
- The seller could not achieve a better net result using another sales method; or
- A particular appraisal methodology will be used.
The executed purchase agreement controls the actual price and terms.
40. Zero Fees and Agent Commissions
The Website advertises no traditional agent commissions or hidden seller fees.
Where a genuine direct sale occurs without a listing broker, a conventional listing commission may not apply.
If a licensed real estate professional participates, any compensation obligations are governed by applicable:
- Representation agreements;
- Agency disclosures;
- Purchase agreements;
- Escrow instructions; and
- California law.
41. 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 the purchase, sale, or exchange of real property.
The actual relationship and conduct control.
42. Principal Purchaser Versus Broker
A genuine principal purchaser seeking to acquire property for its own account is differently situated from someone acting for another for compensation.
The Website currently represents us as a direct buyer.
Nothing in these Terms authorizes anyone to avoid California licensing requirements merely by calling themselves:
- An investor;
- Cash buyer;
- Acquisition specialist;
- Wholesaler;
- Consultant; or
- Direct buyer.
The actual conduct controls.
43. California Wholesaling
As of October 7, 2026, California has not enacted the wholesaling-specific licensing regime proposed in Assembly Bill 1850.
AB 1850 remains pending after being held under submission in Assembly Appropriations on May 14, 2026.
Accordingly, these Terms do not represent the proposed AB 1850 requirements as current law.
44. Existing Brokerage Law Still Applies to Assignments
The absence of an enacted wholesaler-specific statute does not mean every assignment or wholesaling arrangement is automatically lawful without a real estate license.
Relevant circumstances include:
- Whether a person genuinely contracts as principal;
- Whether the person actually acquires contractual rights;
- Whether the contract permits assignment;
- What interest is marketed;
- Whether another person’s property is marketed;
- Whether ownership is misrepresented;
- Whether negotiations occur for another person;
- Whether buyers or sellers are solicited for another; and
- Whether compensation is received for brokerage-type services.
45. Contractual Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding legal title.
A contract holder should not falsely state that:
- It is the record owner;
- It owns legal title;
- Title has already transferred;
- It is selling the underlying real property when only contractual rights are being transferred; or
- It possesses rights beyond those granted by the agreement.
46. Assignment Depends on the Contract
Whether a California purchase agreement may be assigned depends on:
- Contract language;
- Anti-assignment provisions;
- Required consents;
- California contract law;
- Real estate licensing requirements;
- Foreclosure protections; and
- Other applicable law.
Nothing on the Website guarantees that a contract may be assigned.
47. Property Already in Foreclosure
California provides especially strong protections where an investor purchases a qualifying owner-occupied residence after a notice of default has been recorded.
Such a transaction may fall under California’s Home Equity Sales Contract Act.
These rules are separate from ordinary seller-disclosure law.
48. Residence in Foreclosure
A covered residence in foreclosure generally involves:
- Residential real property containing one to four dwelling units;
- One of those units being occupied by the owner as the owner’s principal residence; and
- A recorded notice of default.
A covered investor acquiring the residence can become an “equity purchaser.”
49. Home Equity Sales Contract Requirements
A covered home-equity purchase contract is subject to detailed statutory requirements.
Among other things, it generally must:
- Be written;
- Meet statutory formatting requirements;
- 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.
50. Five-Business-Day Equity-Seller 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 day scheduled for the foreclosure sale.
Nothing in these Website Terms limits that statutory right.
51. Restrictions During the Cancellation Period
Until the statutory cancellation period fully expires, a covered equity purchaser generally may not engage in prohibited conduct including specified:
- Acceptance of conveyance documents;
- Recording;
- Transfer;
- Encumbrance; or
- Payment of consideration.
The applicable statutory process must be followed.
52. No Misleading Foreclosure-Sale Representations
A covered equity purchaser may not make false or misleading statements regarding matters such as:
- Property value;
- Expected foreclosure proceeds;
- Contract terms;
- Seller rights;
- Seller obligations;
- The nature of transaction documents; or
- Other material aspects of the sale.
53. California Foreclosure Consultants
California separately regulates mortgage foreclosure consultants.
A person can fall within that law where, for compensation, the person represents that services will:
- 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 covered foreclosure-related assistance.
A principal purchaser should not simultaneously portray itself as the homeowner’s paid foreclosure consultant unless the separate relationship complies with applicable law.
54. Five-Business-Day Foreclosure-Consultant Cancellation Right
A covered foreclosure-consultant contract generally gives the homeowner the right to cancel until midnight of the fifth business day after signing a compliant contract.
The agreement must contain legally required cancellation information and forms.
55. No Advance Foreclosure-Consultant Compensation
A covered foreclosure consultant generally may not collect compensation until the consultant has fully performed all services contracted or represented to be performed.
56. Foreclosure Consultant Cannot Acquire the Client’s Residence
A covered foreclosure consultant generally may not acquire an interest in the residence in foreclosure from an owner with whom the consultant has contracted.
A direct purchaser should therefore preserve a clear distinction between:
- Buying property for its own account; and
- Acting as the homeowner’s compensated foreclosure-relief adviser.
57. 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;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create a forbearance agreement; or
- Require a lender or servicer to delay foreclosure.
Homeowners facing foreclosure should independently determine all applicable deadlines.
58. Federal Mortgage-Assistance Rules
If a separate service constitutes mortgage-assistance-relief services under federal law, federal requirements can regulate:
- Advance fees;
- Advertising;
- Required consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
59. 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, Fresno, 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.
60. Multilingual Contract Requirements
California provides special 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.
Any multilingual Website, call center, or acquisition process should preserve those statutory rights.
61. 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;
- Probate-court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
Certain fiduciary transfers can qualify for TDS exemptions, but exemptions should be evaluated transaction by 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’ rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future claim payments;
- Additional claims;
- Repair obligations;
- 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 insurance claim;
- Insurance proceeds;
- Recoverable depreciation; or
- Other policy rights.
Those issues depend on:
- Policy language;
- Applicable law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- Transaction documents.
65. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should use an appropriately licensed professional or attorney where required.
66. Fire and Investigation Records
California law may permit property owners, victims, authorized representatives, insurers, and other specified persons to obtain certain records concerning a fire incident from applicable public agencies.
Availability of a record does not mean every investigative document must automatically be supplied to a purchaser.
67. Recent Investor Resales and Repair Disclosure
California imposes additional disclosure obligations in specified sales of single-family residential property where:
- The seller acquired title within the preceding 18 months; and
- Qualifying contractor work was performed after acquisition.
Where the rule applies, the seller must provide information concerning qualifying:
- Room additions;
- Structural modifications;
- Alterations;
- Repairs;
- Contractors; and
- Permit information.
This can be especially relevant where an investor buys, repairs, and quickly resells a fire-damaged house.
68. Tenant-Occupied Property
A sale does not, by itself, automatically terminate every lawful tenancy.
Where a property is occupied or recently vacated, a purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Habitability conditions;
- Fire displacement;
- Required notices;
- Possession rights; and
- Applicable California landlord-tenant law.
A property that appears empty after a fire should not automatically be treated as legally vacant.
69. 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 those federal requirements.
70. 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;
- Assessments;
- Budgets;
- Reserves;
- Insurance;
- Rules;
- Pending proceedings;
- Meeting information; and
- Other association matters.
71. 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.
72. 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 a communication is recorded, appropriate notice should be given and legally sufficient consent obtained from all participants.
73. Text Messages
If you provide a mobile telephone number and applicable consent, we may communicate by text concerning:
- Your inquiry;
- Your property;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Where 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.
74. 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.
75. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This does not eliminate documents that applicable law requires to be provided in a particular form, language, or manner.
76. Privacy
Our handling of personal information is described in our Privacy Policy.
77. 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.
78. 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.
79. 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 licensed California real estate professional participates, applicable agency and representation documents control.
80. 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.
81. 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 Fresno.
You may not commercially reproduce protected Website content without authorization.
82. 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.
83. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
84. 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;
- Vacant possession;
- Resolution of a Fresno code violation;
- Approval of a permit;
- Approval of a City lien waiver;
- Completion of a transaction; or
- A particular financial result.
85. Marketing Claims
Website statements describing our offers or process as:
- Fair;
- Competitive;
- Fast;
- Transparent;
- Hassle-free;
- No-pressure;
- Fee-free;
- Professional; or
- Similar language
describe intended service characteristics and do not guarantee a particular financial result.
The executed transaction documents control.
86. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same transaction timing;
- The same transaction structure; or
- The same result.
87. 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.
88. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE FRESNO 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.
89. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for independent third-party:
- Representations;
- Contracts;
- Pricing;
- Performance;
- Privacy practices;
- Professional services; or
- Conduct.
Nothing in this provision eliminates liability that applicable law does not permit to be excluded.
90. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Fresno 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.
91. Governing Law
These Terms are governed by the laws of the State of California, except where another law must apply.
92. 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.
93. Non-Waivable California and Fresno 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;
- Fresno Municipal Code;
- Fresno building and fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
94. 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;
- Fresno permit or code-enforcement documents; or
- Other transaction-specific documents.
A separately executed transaction agreement governs that transaction to the extent enforceable.
95. 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.
96. 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.
97. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
98. 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 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.
99. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
100. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Fresno
Fresno, California
United States
Website: ibuyhouseswithfiredamagefresno.com