Effective Date: October 8, 2026
Last Updated: October 8, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagemesa.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Mesa (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or trust property;
- Property facing foreclosure;
- Property subject to liens or judgments;
- Property requiring cleanup;
- Property requiring substantial repairs; and
- Other residential, multifamily, or commercial property.
Depending on the transaction, we may:
- Evaluate a property;
- Purchase or seek to purchase it directly;
- Make or communicate a potential cash offer;
- Conduct or arrange due diligence;
- Enter into a purchase agreement;
- Acquire contractual or equitable rights;
- Assign contractual rights where legally and contractually permitted;
- Work with investment partners;
- Work with licensed Arizona 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 currently presents our business principally as a direct cash purchaser of fire-damaged real estate in Mesa, Arizona.
Depending on the transaction, we may act as:
- A prospective principal purchaser;
- A real estate investor;
- A property-acquisition business;
- A contract purchaser;
- A wholesale buyer where applicable;
- A wholesale seller where applicable;
- 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 governing 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 broker;
- 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 interests;
- We may seek a purchase price accounting for damage, repairs, cleanup, holding costs, title risk, closing costs, resale costs, market risk, and investment return;
- We negotiate for ourselves unless another written relationship expressly states otherwise; and
- We do not automatically owe the seller duties associated with a seller’s broker, fiduciary, attorney, appraiser, insurance adviser, or financial adviser.
4. No Obligation to Sell
Submitting property information or requesting an offer does not obligate you to sell.
A Website submission is an inquiry, not a purchase agreement.
You may reject a proposed offer unless and until you execute a legally enforceable transaction agreement, subject to any applicable statutory cancellation or rescission rights.
5. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a previous offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
6. Eligibility and Authority
By using the Website or submitting property information, you represent that:
- You are at least 18 years old;
- You possess legal capacity to contract;
- Information you provide is materially accurate to the best of your knowledge;
- You own the property or have lawful authority to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily establish authority to bind every owner.
7. Agents, Wholesalers, and Other Representatives
A person submitting information as an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, executor, or other representative is responsible for having lawful authority.
Nothing on the Website authorizes:
- Unlicensed brokerage;
- Unauthorized solicitation;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of property-owner information; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Property taxes;
- Foreclosure status;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Fire-suppression systems;
- Repairs;
- Building permits;
- Fire permits;
- Code-enforcement records;
- Insurance claims;
- Tenant status;
- Probate;
- Comparable sales; and
- Other matters relevant to evaluating a transaction.
9. Property Assessments
An acquisition evaluation may include:
- Visual inspection;
- Photographs;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review;
- Tenant review; and
- Other due diligence.
An assessment conducted for our acquisition purposes is not automatically a professional inspection 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 indication
is non-binding unless incorporated into a legally enforceable transaction agreement.
An offer may change following due diligence.
11. Offer Methodology
Potential offers may consider:
- Existing property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup expenses;
- Permit expenses;
- Title issues;
- Liens;
- Tenant or occupancy issues;
- Holding costs;
- Property 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 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;
- Wholesale-buyer or wholesale-seller disclosures;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Mesa permits or code matters;
- Buyer funding;
- Escrow; and
- Other contractual or legal conditions.
13. Arizona Does Not Require One Universal Statutory Residential Condition Form
Arizona does not impose one universal statewide statutory residential condition questionnaire that every private seller of an existing home must complete.
This differs from states that mandate a specific statutory transfer disclosure form in nearly every residential transaction.
Arizona sellers can nevertheless have substantial disclosure duties under:
- Arizona common law;
- Contract law;
- Fraud and misrepresentation law;
- Real estate licensee rules;
- Specific statutes;
- Federal law; and
- The transaction documents.
14. Arizona Common-Law Seller Disclosure Duty
Arizona courts recognize that where a seller knows facts materially affecting the property’s value and knows those facts are not known to the buyer, disclosure duties can arise.
A seller should therefore not assume that silence is permissible merely because:
- The buyer did not ask a particular question;
- The buyer is an investor;
- The buyer pays cash;
- The buyer agreed to purchase as-is;
- No broker is involved; or
- A formal SPDS was waived.
15. Arizona REALTORS® SPDS
The Arizona REALTORS® Residential Seller’s Property Disclosure Statement (“SPDS”) is a commonly used industry disclosure form.
The SPDS is designed to help a seller disclose known material information concerning:
- Ownership;
- Property condition;
- Structural issues;
- Roofs;
- Plumbing;
- Electrical systems;
- Heating and cooling;
- Fire-detection and suppression systems;
- Water;
- Environmental conditions;
- Insurance or claims;
- Repairs;
- Alterations;
- Permits; and
- Other material matters.
Use of the SPDS itself is not universally mandated by Arizona statute.
Contract terms may nevertheless require it.
16. SPDS Waiver Does Not Eliminate the Underlying Duty
A buyer’s agreement not to receive an SPDS does not automatically eliminate a seller’s underlying legal obligations concerning known material facts.
A seller should not assume that a disclosure waiver authorizes concealment or nondisclosure of a material latent defect.
17. Fire Damage Can Be a Material Fact
A prior fire can create material conditions involving:
- Structural framing;
- Roofs;
- Foundations;
- Electrical wiring;
- Plumbing;
- Heating and cooling;
- Smoke and soot contamination;
- Firefighting-water intrusion;
- Mold;
- Fireplaces;
- Fire alarms;
- Fire suppression systems;
- Hazardous materials;
- Permits;
- Code violations;
- Unfinished repairs; and
- Property insurability.
Known fire-related conditions that materially affect the property should be evaluated for disclosure.
18. Fire History and the SPDS
Arizona REALTORS® guidance specifically recognizes that known fire-related conditions can require disclosure and that the residential SPDS addresses fire-related property information.
Accordingly, a seller using the SPDS should answer applicable fire, structural, electrical, environmental, repair, insurance, and system questions truthfully and completely.
19. No Universal Fire-Document Package
Arizona does not impose one universal rule requiring every fire-damaged seller automatically to deliver every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Structural report;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Restoration certificate; or
- Inspection report
to every purchaser.
Particular documents may nevertheless be:
- Required by contract;
- Relevant to explaining a known material fact;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by Mesa;
- Required by escrow or title professionals; or
- Required under another applicable law.
20. No Universal Seller Inspection Requirement
Arizona does not require every seller of a fire-damaged house to commission every possible professional inspection before selling.
Structural, electrical, environmental, mold, fire-safety, engineering, or other professional evaluations may nevertheless be advisable or required by:
- Property condition;
- Government orders;
- Repair permits;
- Buyer due diligence;
- Insurance;
- Financing;
- Contract terms; or
- Another applicable requirement.
21. As-Is Transactions
The Website markets as-is purchases.
“As-is” can mean the purchaser agrees to acquire the property in its existing physical condition without requiring the seller to perform specified repairs.
It does not automatically eliminate:
- Known-material-fact disclosure obligations;
- Fraud liability;
- Intentional misrepresentation;
- Contractual representations;
- Wholesale disclosures;
- Federal disclosures;
- Title obligations;
- Foreclosure protections;
- Governmental orders; or
- Other non-waivable legal duties.
22. No Universal Requirement to Repair Before Sale
Arizona does not impose one statewide rule requiring every fire-damaged house to be completely restored before sale.
A damaged property may potentially be sold as-is.
Separate:
- Building codes;
- Unsafe-building determinations;
- Construction permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Fire-code requirements;
- Occupancy restrictions;
- Utility requirements;
- Environmental requirements;
- Insurance obligations; and
- Local ordinances
may nevertheless affect the property.
23. Licensed Arizona Real Estate Professionals
Where an Arizona real estate licensee participates, separate duties apply.
A licensee participating in a transaction generally must disclose in writing information possessed by the licensee that materially or adversely affects the consideration to be paid, including known material defects and liens or encumbrances.
A serious known fire-created condition may therefore trigger licensee disclosure duties independently from the seller’s common-law obligations.
24. No Automatic Professional Expertise
A real estate license does not make a licensee a:
- Structural engineer;
- Electrician;
- Contractor;
- Fire investigator;
- Environmental professional;
- Public adjuster; or
- Insurance expert.
Appropriate professionals should be consulted where specialized evaluation is required.
25. Mesa Fire-Damage Repair Permits
The City of Mesa expressly identifies fire damage repairs as work requiring a construction permit.
Fire restoration can also involve permits for:
- Structural repair;
- Electrical systems;
- Plumbing;
- Mechanical systems;
- Roofing;
- Demolition;
- Building alterations; and
- Other regulated work.
A property sale does not eliminate permit requirements for work performed before or after closing.
26. Mesa’s Current Building Codes
Mesa adopted the 2024 International Code family and the 2023 National Electrical Code, with the updated codes effective January 8, 2026 for applicable new permit applications.
Current Mesa requirements include applicable editions of:
- International Building Code;
- International Residential Code;
- International Fire Code;
- Existing Building Code;
- Plumbing Code;
- Mechanical Code;
- Fuel Gas Code;
- Energy Conservation Code; and
- National Electrical Code.
Repair or reconstruction should comply with the code applicable to the project.
27. Mesa Fire Code
Mesa’s Fire Code is based on the International Fire Code with City-specific amendments.
Fire-damaged property may require review concerning:
- Fire alarms;
- Fire suppression systems;
- Access;
- Electrical or energy systems;
- Dangerous conditions;
- Existing fire-protection features; and
- Other fire-safety issues.
The applicable permit and inspection requirements depend on the property and planned work.
28. Cleanup and Restoration
The Website states that repairs, cleanup, or restoration may be handled after acquisition.
Any:
- Debris removal;
- Demolition;
- Construction;
- Electrical work;
- Plumbing work;
- Hazardous-material handling;
- Asbestos work;
- Lead-related work;
- Environmental remediation; or
- Other regulated service
must comply with applicable licensing, safety, environmental, disposal, permit, and other requirements.
Nothing in these Terms represents that we personally perform regulated contracting services unless lawfully authorized.
29. Inspections and Due Diligence
The Website states that sellers do not need to make repairs or arrange formal inspections before selling.
That does not prevent us from conducting due diligence for our own acquisition purposes.
Due diligence may include:
- Visual inspection;
- Photographs;
- Structural evaluation;
- Contractor estimates;
- Electrical evaluation;
- Fire-damage assessment;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
30. Fast Offer and Closing Claims
The Website advertises:
- A no-pressure as-is cash offer within approximately 24 hours;
- Closing in approximately 10 days; and
- Closing in some situations in approximately seven days.
These statements describe possible or intended transaction timing and are not guarantees.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Judgments;
- Disclosure issues;
- Wholesale disclosures;
- Probate;
- Foreclosure;
- Insurance;
- Tenants;
- Property access;
- Mesa permits or orders;
- Escrow;
- Buyer funding; and
- Other circumstances.
31. No Repairs, Commissions, or Hidden Fees
The Website advertises:
- No seller repairs;
- No traditional agent commissions;
- No hidden fees; and
- Buyer-paid closing costs.
Those statements describe a potential direct-purchase transaction structure.
The signed purchase agreement and final escrow or settlement statement control the parties’ actual obligations.
32. Liens and Title Issues
The Website states that it purchases properties with insurance claims, liens, and title issues.
That statement should not be interpreted as a guarantee that every title problem can be cleared.
A transaction may require:
- Payoff of mortgages;
- Release of liens;
- Satisfaction of judgments;
- Probate authority;
- Corrective deeds;
- Resolution of ownership disputes;
- HOA payoff;
- Tax resolution; or
- Other title-curative action.
Escrow or closing cannot necessarily proceed until required issues are resolved or otherwise lawfully addressed.
33. Arizona Residential Wholesaling Law
Arizona specifically regulates certain wholesale transactions involving residential real property with fewer than five dwelling units.
Arizona law distinguishes between a wholesale buyer and a wholesale seller.
34. Wholesale Buyer
A wholesale buyer generally means a person or entity that:
- Enters into a purchase contract for qualifying residential real property as the buyer; and
- Assigns that same contract to another person or entity.
Before the parties enter into a binding agreement, the wholesale buyer must disclose in writing to the seller that the buyer is a wholesale buyer.
35. Seller’s Cancellation Right for Missing Wholesale-Buyer Disclosure
If a wholesale buyer fails to make the required disclosure, the seller may generally:
- Cancel the contract at any time before the close of escrow;
- Cancel without penalty; and
- Retain earnest money paid by the wholesale buyer.
Those statutory consequences should not be overridden by contradictory contract language.
36. Wholesale Seller
A wholesale seller generally means a person or entity that:
- Enters into a purchase contract as the seller;
- Does not hold legal title to the residential real property; and
- Assigns that same contract to another person or entity.
Before entering into a binding agreement, a wholesale seller must disclose in writing that:
- The seller is a wholesale seller;
- The seller holds an equitable interest; and
- The wholesale seller may not be able to convey title to the property.
37. Buyer’s Cancellation Right for Missing Wholesale-Seller Disclosure
If a wholesale seller fails to make the required disclosure, the buyer generally may:
- Cancel before close of escrow;
- Cancel without penalty; and
- Receive a refund of earnest money paid.
38. Contractual Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding record title.
A contract holder should not falsely state that:
- It is the deed owner;
- It already owns legal title;
- Title has transferred;
- It is conveying legal title when it is only assigning contract rights; or
- It holds rights beyond those actually granted by the agreement.
39. Arizona Licensing Law
Arizona’s definition of a real estate broker broadly covers specified activities performed for another and for compensation.
Those activities can include:
- Selling;
- Purchasing;
- Negotiating;
- Listing;
- Dealing in options;
- Advertising;
- Procuring prospects;
- Assisting negotiations; and
- Other specified real-estate services.
A person performing regulated activity for another for compensation may require an Arizona real estate license.
40. Principal Purchaser and Own-Property Exemption
Arizona generally provides an exemption for qualifying persons and entities dealing with their own property, subject to statutory conditions.
A genuine principal purchaser buying property for its own account may therefore be situated differently from someone acting as a broker for another person.
The exemption should not be stretched to cover compensated brokerage services for another owner.
41. Wholesaler Compliance Does Not Automatically Resolve Licensing
Compliance with Arizona’s wholesale disclosure statute does not by itself determine every licensing question.
The actual:
- Ownership status;
- Contractual interest;
- Advertising;
- Negotiations;
- Compensation structure;
- Referral activity; and
- Relationship with sellers and buyers
still matter.
42. Assignment Depends on the Contract
Whether a purchase agreement may be assigned depends on:
- The agreement;
- Any anti-assignment provision;
- Required consent;
- Arizona contract law;
- Arizona wholesaling law;
- Arizona real estate licensing law;
- Foreclosure restrictions; and
- Other applicable requirements.
Nothing on the Website guarantees that every purchase agreement may be assigned.
43. Foreclosure and Financial Distress
The Website may attract homeowners who are:
- Behind on mortgage payments;
- Facing default;
- Facing foreclosure;
- Experiencing financial hardship; or
- Seeking a fast sale.
We are not your:
- Mortgage lender;
- Mortgage servicer;
- Attorney;
- Financial adviser;
- Housing counselor;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Debt counselor;
- Debt-settlement provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
44. Arizona Foreclosure Consultants
Arizona specifically regulates foreclosure consultants.
A foreclosure consultant can include a person who, for compensation, offers or performs covered services represented as helping a homeowner:
- Prevent or postpone foreclosure;
- Obtain forbearance;
- Reinstate an obligation;
- Obtain an extension to cure default;
- Obtain waiver of acceleration;
- Obtain loans or advances;
- Reduce foreclosure-related credit harm;
- Save the residence from foreclosure; or
- Accomplish a foreclosure reconveyance.
45. Foreclosure Consultant Contract
A covered Arizona foreclosure-consulting contract generally must:
- Be in writing;
- Be provided to the homeowner for review at least 24 hours before signing;
- Use at least 12-point type;
- Identify where cancellation notice may be sent;
- Disclose the services and compensation;
- Be personally signed;
- Have each page initialed; and
- Be acknowledged by a notary in the homeowner’s presence.
46. Three-Business-Day Foreclosure Consultant Cancellation Right
A covered homeowner generally has the right to cancel a foreclosure-consulting contract until midnight of the third business day after signing.
The cancellation right cannot be conditioned on immediate repayment of funds.
47. No Advance Compensation for Covered Foreclosure Consulting
A covered foreclosure consultant generally may not collect compensation until after fully performing each covered service the consultant contracted or represented it would perform.
48. Foreclosure Consultant Cannot Acquire the Home
A covered foreclosure consultant generally may not directly or indirectly acquire an interest in the residence in foreclosure of a homeowner with whom the consultant has contracted to provide covered services.
A direct purchaser should therefore maintain a clear distinction between:
- Purchasing the property for its own investment account; and
- Acting as the homeowner’s compensated foreclosure consultant.
49. Foreclosure Reconveyances
Arizona defines a foreclosure reconveyance to include specified foreclosure-stage transactions involving:
- Transfer of title or another covered interest; and
- A later conveyance or promised interest back to the former homeowner that permits the homeowner to remain in possession.
Potential structures can include:
- Leaseback;
- Repurchase agreements;
- Contracts for deed;
- Purchase options; and
- Similar arrangements.
Those transactions should receive specific legal review rather than being treated as ordinary cash acquisitions.
50. Requesting an Offer Does Not Stop Foreclosure
Submitting information, receiving an offer, or signing preliminary documents does not automatically:
- Stop foreclosure;
- Cancel a trustee’s sale;
- Extend a foreclosure deadline;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create forbearance; or
- Require a lender or servicer to delay enforcement.
A homeowner facing foreclosure should independently determine applicable deadlines.
51. 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 Arizona 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.
52. Federal Mortgage-Assistance Rules
If separate services constitute mortgage-assistance-relief services under federal law, additional requirements may apply concerning:
- Advance fees;
- Advertising;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
53. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish legal authority to sell.
A transaction may require:
- Personal-representative authority;
- Executor authority;
- Trustee authority;
- Probate-court documentation;
- Participation by heirs or beneficiaries;
- Affidavits;
- Appropriate deeds; or
- Other proof of authority.
54. 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:
- 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.
55. Pending Insurance Claims
If property is sold while an insurance claim remains pending, the transaction documents should address rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future claim payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related benefits.
56. Insurance Rights Do Not Automatically Transfer
A sale of fire-damaged real estate 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 terms, applicable law, mortgage-holder rights, insurer requirements, and transaction documents.
57. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking representation in an insurance claim should use an appropriately licensed insurance professional or attorney where required.
58. Tenant-Occupied Property
The sale of tenant-occupied property does not itself automatically terminate an Arizona tenancy.
A purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Rent;
- Fire displacement;
- Habitability;
- Possession;
- Required notices; and
- Arizona landlord-tenant law.
59. Arizona Fire or Casualty Tenant Rights
If a residential dwelling unit is damaged by fire or casualty so substantially that the tenant’s enjoyment is materially impaired, Arizona law can give the tenant options including:
- Vacating the premises and timely terminating the rental agreement; or
- Where continued occupancy is lawful, vacating the unusable portion and obtaining a proportional rent reduction.
Where the tenancy terminates, qualifying security must be returned as required by Arizona law.
A buyer should therefore investigate the status of tenants displaced by fire rather than assuming the lease simply disappeared.
60. 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 federal disclosure obligations.
61. Associations and Common-Interest Communities
If property is located in a condominium, planned community, or homeowners association, separate requirements can affect:
- Assessments;
- Transfer fees;
- Governing documents;
- Insurance;
- Violations;
- Liens;
- Resale information; and
- Closing.
These matters should be reviewed separately.
62. Telephone Communications
By providing a telephone number and requesting an offer, you authorize reasonable responsive communications concerning:
- Your property;
- Property research;
- Scheduling;
- Walkthroughs;
- 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.
63. Arizona Recording Law
Arizona generally permits a participant in a communication to record it or permits recording where one party has given the required consent.
Acquisition calls may be recorded for legitimate purposes such as:
- Documentation;
- Quality assurance;
- Training;
- Compliance;
- Fraud prevention; and
- Security.
Because interstate communications may involve states with stricter consent requirements, additional notice or consent may be appropriate.
Where another applicable jurisdiction imposes a stricter rule, the stricter rule controls.
64. Text Messages
If you provide a mobile telephone number and applicable consent, we may communicate by text concerning:
- Your inquiry;
- Your property;
- Scheduling;
- Offers;
- Follow-up; and
- Potential transactions.
Where required, additional consent will be obtained before regulated automated or marketing messages are sent.
Consent to marketing communications 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.
65. Email Communications
By providing an email address, you authorize communications concerning:
- Your property;
- Offers;
- Due diligence;
- Scheduling;
- Follow-up;
- Services; and
- Potential transactions.
Applicable promotional emails will provide an unsubscribe mechanism.
66. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This does not eliminate documents that applicable law or a transaction agreement requires to be delivered in another form.
67. Privacy
Our handling of personal information is described in our Privacy Policy.
68. Independent Decision-Making
Selling fire-damaged property can have substantial:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Environmental; and
- Personal consequences.
You may wish to consult:
- An Arizona attorney;
- A licensed Arizona real estate professional;
- A tax professional;
- An accountant;
- An insurance professional;
- An appropriately licensed contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
69. 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.
70. No Automatic Agency or Fiduciary Relationship
Use of the Website does not itself create:
- Seller agency;
- Buyer agency;
- A real estate brokerage relationship;
- A fiduciary relationship;
- Partnership;
- Joint venture; or
- Employment.
If an Arizona real estate licensee participates, the applicable brokerage and agency documents control.
71. 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.
72. 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 Mesa.
You may not commercially reproduce protected Website content without authorization.
73. 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.
74. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
75. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Clearing of every lien or title defect;
- Completion of repairs;
- Resolution of code issues;
- Completion of a transaction; or
- A particular financial result.
76. Marketing Claims
Website statements describing offers or transactions as:
- Fair;
- Competitive;
- Fast;
- Transparent;
- Hassle-free;
- No-pressure;
- No-fee;
- Immediate; or
- Similar language
describe intended or possible service characteristics and do not guarantee a particular economic result.
The executed transaction agreement controls.
77. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same closing time;
- The same transaction structure; or
- The same result.
78. 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.
79. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE MESA 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;
- Wholesaler disclosures;
- Foreclosure-consulting agreements;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
80. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for independent third-party:
- Representations;
- Pricing;
- Contracts;
- Professional services;
- Performance;
- Privacy practices; or
- Conduct.
Nothing in this provision eliminates liability that applicable law does not permit to be excluded.
81. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Mesa 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.
82. Governing Law
These Terms are governed by the laws of the State of Arizona, except where another law must apply.
83. 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 Arizona.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
84. Non-Waivable Arizona Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Arizona common-law disclosure rules;
- Arizona Real Estate Law;
- Arizona wholesale-buyer and wholesale-seller disclosure law;
- Arizona Consumer Fraud Act;
- Arizona foreclosure-consultant law;
- Arizona Residential Landlord and Tenant Act;
- Arizona communications-interception law;
- Arizona data-breach law;
- Mesa building and fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
85. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller Property Disclosure Statements;
- Wholesale-buyer disclosures;
- Wholesale-seller disclosures;
- Foreclosure-consulting agreements;
- 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.
86. 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.
87. Severability
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect.
88. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
89. 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 Website provision does not determine whether a real estate purchase agreement is assignable.
Assignment of a purchase agreement is governed by:
- The agreement itself;
- Arizona contract law;
- Arizona wholesaling law;
- Arizona real estate licensing law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
90. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
91. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Mesa
Mesa, Arizona
United States
Website: ibuyhouseswithfiredamagemesa.com