Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyfiredamagedhomescapecoralflorida.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Cape Coral Florida (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property in foreclosure;
- Property subject to liens;
- Flood-damaged property;
- 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 Florida 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 Cape Coral property.
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-rescue 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 repairs, cleanup, permits, holding costs, closing expenses, 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 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 and not a purchase agreement.
You may reject a proposed offer unless and until you execute a legally enforceable transaction agreement, subject to applicable cancellation, rescission, or other statutory rights.
5. No Obligation to Purchase
Submitting information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain an 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 lawfully 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 every owner.
7. Agents, Wholesalers, and Other Representatives
If an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, or other representative submits property information, that person is responsible for having lawful authority to do so.
Nothing on the Website authorizes:
- Unlicensed brokerage;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of property-owner information; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages;
- Liens;
- Judgments;
- Property taxes;
- Foreclosure status;
- Property condition;
- Fire and smoke damage;
- Firefighting-water damage;
- Flood history;
- FEMA flood zones;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs;
- Building permits;
- Remodel permits;
- Code-enforcement records;
- Substantial Damage/Substantial Improvement status;
- Insurance claims;
- Tenant status;
- Probate;
- Comparable sales; and
- Other information relevant to evaluating a transaction.
9. Property Assessments
The Website states that we assess the property’s damage and value before making an offer.
An evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Floodplain research;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other due diligence.
An evaluation performed 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.
An 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;
- Restoration expenses;
- Cleanup expenses;
- Floodplain compliance expenses;
- Permit expenses;
- Holding costs;
- Taxes;
- Insurance;
- Closing costs;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation method or purchase price 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;
- Liens;
- Judgments;
- Taxes;
- Seller disclosures;
- Flood disclosure;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Floodplain status;
- City permits or orders;
- Buyer funding;
- Closing requirements; and
- Other contractual or legal conditions.
13. Florida Does Not Require One Universal General Seller-Condition Form
Florida does not impose one universal statutory property-condition questionnaire that every ordinary residential seller must complete for every resale.
That does not mean sellers may conceal known material defects.
Florida’s seller-disclosure obligations arise substantially from common law, specific statutes, contractual representations, condominium or association law, flood-disclosure rules, federal law, and other property-specific requirements.
14. Florida’s Material Latent Defect Rule
Under Florida law, when a seller of residential property knows of facts that:
- Materially affect the property’s value;
- Are not readily observable; and
- Are not otherwise known to the buyer,
the seller generally has a duty to disclose those facts.
This rule applies to new and used property.
15. Fire Damage Can Be a Material Fact
A prior fire can create facts materially affecting property value or desirability, including:
- Structural damage;
- Roof damage;
- Foundation damage;
- Electrical damage;
- Plumbing damage;
- HVAC damage;
- Smoke or soot contamination;
- Firefighting-water damage;
- Mold;
- Hazardous-material disturbance;
- Damage concealed behind finished surfaces;
- Incomplete repairs;
- Unpermitted work;
- Open permits;
- Code violations;
- Unsafe-building issues;
- Insurance-related conditions; and
- Other material defects.
A known latent fire-related condition should not be concealed merely because the property is being sold to an investor.
16. No Universal Requirement to Disclose Every Historical Fire Event
Florida’s common-law rule is focused on known material facts affecting value that are not readily observable or already known to the buyer.
It does not create one universal statutory requirement to provide a written history of every minor or fully resolved fire incident regardless of materiality.
However, false, misleading, incomplete, or deceptive statements about fire history can create separate legal risk.
17. No Universal Fire-Document Package
Florida 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;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Restoration record; or
- Inspection report
to every purchaser.
A particular record may nevertheless be:
- Required by contract;
- Relevant to explaining a material defect;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by Cape Coral;
- Required by a title or closing professional; or
- Required under another law.
18. As-Is Transactions
The Website advertises purchase in the property’s present or “as-is” condition.
“As-is” may mean the purchaser agrees that the seller does not have to perform specified repairs.
It does not authorize:
- Fraud;
- Intentional misrepresentation;
- Concealment of known material latent defects;
- False statements;
- Violation of statutory flood-disclosure requirements;
- Violation of foreclosure-rescue protections;
- Violation of contractual representations;
- Violation of title requirements; or
- Violation of other non-waivable duties.
19. Florida Flood Disclosure
Florida separately requires a statutory Flood Disclosure for sales of residential real property.
The seller generally must complete and provide the statutory disclosure to the purchaser at or before the time the sales contract is executed.
20. Information Required by the Flood Disclosure
The Florida flood disclosure presently asks whether the seller has knowledge of:
- Flooding that damaged the property during the seller’s ownership;
- An insurance claim relating to flood damage, including a National Flood Insurance Program claim; and
- Assistance received for flood damage, including FEMA assistance.
The disclosure also warns buyers that ordinary homeowners insurance does not include flood coverage.
21. Meaning of Flooding
For Florida’s statutory disclosure, flooding generally includes qualifying inundation caused by:
- Overflow of inland or tidal waters;
- Unusual and rapid accumulation of runoff or surface waters from an established water source; or
- Sustained standing water resulting from rainfall.
Firefighting-water damage is not automatically the same thing as statutory flood damage merely because water entered the building.
The actual cause matters.
22. Cape Coral Flood Risk
Because substantial areas of Cape Coral are subject to federal and local floodplain regulation, flood status should be reviewed independently from fire damage.
A property may:
- Have fire damage without flood damage;
- Have flood damage without fire damage;
- Have both;
- Be within a Special Flood Hazard Area; or
- Be outside the Special Flood Hazard Area.
Each issue should be analyzed separately.
23. Cape Coral Special Flood Hazard Area Repairs
The City of Cape Coral states that all improvements and repairs of structures located in the Special Flood Hazard Area require a permit.
The City’s process also requires a Substantial Improvement/Substantial Damage application for affected structures.
This can apply even where the original cause of damage was fire rather than flood.
24. Cape Coral Substantial Damage Rule
Cape Coral applies the federal floodplain 50% rule.
A structure can be substantially damaged where the cost to restore it to its pre-damage condition equals or exceeds 50% of the market value of the structure before the damage occurred.
The cause of the damage can include:
- Fire;
- Flood;
- Wind;
- Vehicle impact; or
- Another cause.
25. Consequences of Substantial Damage
If a building in the regulated floodplain is determined to be substantially damaged, the building generally must be brought into compliance with current flood-damage-prevention requirements applicable to new buildings.
Depending on the property, this can materially affect:
- Elevation requirements;
- Construction methods;
- Utilities;
- Mechanical equipment;
- Repair scope;
- Permit cost;
- Feasibility; and
- Acquisition value.
26. Repair-Cost Calculations
For Cape Coral’s substantial-damage review, repair-cost estimates can need to include the labor and materials necessary to restore the structure to its pre-damage condition.
Investor underwriting should therefore not assume that performing only a limited portion of the required repair work necessarily avoids the City’s substantial-damage analysis.
27. Unpermitted Repairs
Cape Coral states that if work requiring a permit was completed without one, an owner may need to obtain an applicable after-the-fact permit to bring the structure into compliance.
The City identifies remodel-permit issues involving work such as:
- Drywall;
- Baseboards;
- Flooring;
- Cabinets;
- Electrical work; and
- Plumbing work.
A sale does not automatically legalize previously unpermitted repairs.
28. Cape Coral Permitting Process
Cape Coral currently uses an online-first permitting process through its electronic permitting portal.
Licensed contractors are required to submit permits electronically, and beginning July 1, 2026 owner-builders are also expected to use the online portal as the standard application method.
Actual permit requirements depend on the work being performed.
29. No Universal Requirement to Repair Before Sale
Florida does not impose one statewide rule requiring every fire-damaged house to be completely restored before ownership can transfer.
A damaged property may potentially be sold in its current condition.
Separate:
- Building codes;
- Floodplain requirements;
- Unsafe-building rules;
- Permit requirements;
- Utility restrictions;
- Environmental requirements;
- Occupancy restrictions;
- Insurance requirements;
- Association rules; and
- Contract provisions
may nevertheless affect the property.
30. Contractor Licensing
Florida separately regulates construction contracting.
Where fire repair, demolition, electrical work, plumbing, mechanical work, roofing, or other construction requires a licensed contractor, the work must be performed or supervised as required by applicable law.
Purchasing a property does not itself authorize regulated contracting activity.
31. Inspections and Due Diligence
The Website states that it may handle inspections and property assessment as part of its acquisition process.
A purchaser may conduct due diligence including:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental review;
- Mold investigation;
- Floodplain review;
- FEMA map review;
- Substantial-damage review;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
These evaluations are ordinarily for the purchaser’s acquisition purposes unless a separate agreement states otherwise.
32. Fast Offer and Closing Claims
The Website advertises:
- A no-pressure as-is cash offer in approximately 24 hours;
- Closing in approximately 10 days;
- FAQ closing timing of approximately 7–14 days; and
- Closing in “days” after acceptance.
Those statements describe intended or possible service timing and are not guarantees.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Flood disclosure;
- Foreclosure status;
- Probate;
- Insurance;
- Property access;
- City permits;
- Substantial-damage review;
- Code issues;
- Buyer funding;
- Closing-provider requirements; and
- Other circumstances.
33. “Fair Market Value” and Competitive Offer Claims
The Website states that its offers reflect “fair market value” and describes them as fair or competitive.
Those statements should not be interpreted as guarantees that:
- The offer equals appraised fair market value;
- The offer equals repaired retail value;
- No other purchaser will offer more;
- The seller could not obtain a higher net price using another sale method; or
- A specific valuation formula will always be used.
Investment offers can account for repairs, risk, holding expenses, acquisition costs, resale expenses, and expected return.
The executed purchase agreement controls the actual purchase price.
34. No Commissions or Hidden Fees
The Website advertises no commissions and no hidden fees.
Where a genuine principal purchaser buys directly from a seller without a listing broker, a traditional listing commission may not apply.
If a real estate licensee becomes involved, compensation obligations depend on:
- Brokerage agreements;
- Representation arrangements;
- Referral arrangements;
- Purchase agreements;
- Closing statements; and
- Florida law.
The final closing statement and signed agreements control actual charges.
35. Florida Real Estate Licensing
Florida broadly regulates real estate brokerage activity performed for another and for compensation or expected compensation.
Regulated conduct can include:
- Selling;
- Buying;
- Negotiating;
- Procuring sellers;
- Procuring purchasers;
- Directing or assisting in procuring prospects;
- Assisting negotiations or closings; and
- Advertising specified brokerage services
when done for another for compensation or expected compensation.
36. Principal Purchaser Versus Broker
A genuine principal purchaser acquiring property for its own account is differently situated from a person acting as an intermediary for another.
Florida separately exempts qualifying persons or entities when they sell, exchange, or lease their own real property, subject to statutory limits.
Nothing in these Terms means that merely calling oneself an investor or wholesaler automatically exempts brokerage conduct performed for another.
37. Florida Wholesaling and Contract Assignments
As of October 7, 2026, Florida does not maintain a separate comprehensive residential-wholesaler registration and seller-cancellation statute comparable to the dedicated wholesaling laws adopted by several other states.
That does not mean every wholesaling arrangement is outside Florida real estate licensing law.
38. Wholesaling Must Be Structured as Principal Activity
Relevant considerations can include:
- Whether the buyer genuinely entered the purchase agreement as principal;
- Whether the buyer has an enforceable contractual interest;
- Whether assignment is permitted;
- Whether the investor is marketing contractual rights rather than falsely marketing another person’s property as its own;
- Whether the investor negotiates for another;
- Whether prospects are procured for another for compensation;
- Whether a referral or finder fee is paid; and
- Whether regulated brokerage services are performed.
39. 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 owns record title;
- It is the deed owner;
- Title has already transferred;
- It is conveying the underlying real estate when only contractual rights are being transferred; or
- It possesses rights beyond those granted by the agreement.
40. Assignment Depends on the Contract
Whether a purchase agreement may be assigned depends on:
- The agreement’s language;
- Anti-assignment provisions;
- Required consents;
- Florida contract law;
- Real estate licensing requirements;
- Foreclosure-rescue restrictions; and
- Other applicable law.
Nothing on the Website guarantees assignability.
41. Unlicensed Brokerage
Florida prohibits operation as a real estate broker or sales associate without the required active license.
Accordingly, a direct-acquisition business should avoid accepting compensation for brokerage activity performed for other sellers, buyers, or investors unless the activity is lawfully conducted through an appropriate license or exemption.
42. Foreclosure and Financial Distress
The Website may attract homeowners who are:
- Behind on mortgage payments;
- Facing foreclosure;
- At risk of tax loss;
- Experiencing financial hardship; or
- Seeking a rapid sale.
We are not your:
- Mortgage lender;
- Mortgage servicer;
- Attorney;
- Financial adviser;
- Housing counselor;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure-rescue consultant;
- Debt-settlement provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
43. Florida Foreclosure-Rescue Law
Florida specifically regulates certain activities involving homeowners who are:
- In mortgage default;
- In foreclosure; or
- At risk of losing their home for nonpayment of taxes.
The law distinguishes ordinary property purchases from covered foreclosure-rescue consulting and foreclosure-rescue transactions.
44. Foreclosure-Related Rescue Services
A person can become a regulated foreclosure-rescue consultant if, for payment or valuable consideration, that person offers services represented as helping a homeowner:
- Stop foreclosure;
- Avoid foreclosure;
- Delay foreclosure; or
- Cure or otherwise address a mortgage default.
A principal purchaser should not portray an ordinary acquisition as paid foreclosure-rescue consulting.
45. Written Foreclosure-Rescue Consulting Agreement
A covered Florida foreclosure-rescue consultant generally may not begin covered services without first executing a compliant written agreement.
The homeowner generally must receive the proposed agreement at least one business day before signing.
The agreement is subject to statutory formatting, disclosure, compensation, and cancellation requirements.
46. Three-Business-Day Foreclosure-Consulting Cancellation Right
A homeowner entering a covered foreclosure-related rescue services agreement generally has the right to cancel within three business days after signing without penalty or obligation.
The cancellation right cannot be waived by the homeowner or limited by the consultant.
47. No Advance Foreclosure-Rescue Fees
A covered foreclosure-rescue consultant generally may not charge, collect, receive, or attempt to secure payment before completing all services promised in the agreement.
48. Florida Foreclosure-Rescue Transactions
Florida separately regulates a foreclosure-rescue transaction in which:
- Residential property in foreclosure is conveyed to an equity purchaser;
- The homeowner maintains a legal or equitable interest in the property, such as a lease option, repurchase option, land-trust interest, or similar interest; and
- The arrangement is designed or intended to stop, avoid, or delay foreclosure.
An ordinary permanent arm’s-length sale where the former homeowner receives no promised continuing interest is different from this statutory structure.
49. Three-Business-Day Equity-Seller Cancellation Right
For a covered foreclosure-rescue transaction, the homeowner generally may cancel without penalty until 5:00 p.m. on the third business day after signing the written agreement.
The right cannot be waived.
The statutory agreement must contain the required cancellation notice and forms.
50. Covered Foreclosure-Rescue Contract Requirements
A covered foreclosure-rescue transaction agreement generally must disclose matters including:
- The equity purchaser’s name, address, and telephone number;
- Property address and legal description;
- Obligations being assumed;
- Total consideration;
- Payment terms;
- Services promised;
- Possession timing;
- Any repurchase right; and
- Applicable statutory notices.
Website Terms do not replace those documents.
51. Repurchase and Sale-Leaseback Protections
Where a covered foreclosure-rescue transaction gives the homeowner a right to repurchase the property, additional Florida protections apply.
Those protections can include:
- A 30-day right to cure specified defaults;
- Ability-to-pay analysis;
- Restrictions on the repurchase price;
- Required handling of liens; and
- Additional transaction safeguards.
52. Lease-Option and Reconveyance Presumption
Florida law creates a rebuttable presumption in specified foreclosure-rescue transactions involving a lease option or similar repurchase arrangement that the transaction is a loan transaction and the homeowner’s conveyance is a mortgage.
Accordingly, “sell now, remain in the home, and buy it back later” structures require specialized Florida legal review.
53. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website form, receiving an offer, or negotiating a purchase does not automatically:
- Stop a foreclosure action;
- Cancel a lis pendens;
- Delay a foreclosure sale;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create forbearance; or
- Require a lender or servicer to delay enforcement.
Homeowners facing foreclosure should independently verify all deadlines.
54. 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 Florida 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 available option.
55. Federal Mortgage-Assistance Rules
Where separate conduct constitutes mortgage-assistance-relief services under federal law, federal requirements may regulate:
- Advance fees;
- Advertising;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
56. 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 or administrator authority;
- Trustee authority;
- Probate-court documentation;
- Participation by heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
57. Florida Homestead
Florida homestead rights can create additional execution, spousal, devise, creditor, and title considerations.
A seller should not assume that one owner can always convey homestead property without the signatures or procedures required by Florida law.
Actual title and marital status should be reviewed by the closing professional.
58. 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 separately established through a legally compliant relationship.
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.
59. Pending Insurance Claims
If property is sold while a fire or other insurance claim remains pending, the transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related benefits.
60. Insurance Rights Do Not Automatically Transfer
The sale of real property 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 insurance law, timing of the loss, mortgage-holder rights, insurer requirements, and transaction documents.
61. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking professional assistance negotiating an insurance claim should work with an appropriately licensed public adjuster or attorney where required.
62. Flood Insurance
Ordinary homeowners insurance generally does not include flood coverage.
The Website and any acquisition representative should avoid suggesting that a fire policy, homeowners policy, or property purchase automatically resolves flood-insurance issues.
Flood coverage, prior NFIP claims, FEMA assistance, and future insurability should be evaluated separately where relevant.
63. Condominiums and Homeowners Associations
If the property is located in a Florida condominium, cooperative, or homeowners association, separate disclosure, estoppel, assessment, governing-document, insurance, structural-inspection, reserve, and association requirements may apply.
Those requirements are separate from fire-damage disclosure and should be evaluated for the particular community.
64. Tenant-Occupied Property
The sale of tenant-occupied property does not itself automatically terminate a valid tenancy.
A purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Fire displacement;
- Habitability;
- Required notices;
- Possession rights; and
- Applicable Florida landlord-tenant law.
A property that appears vacant after a fire should not automatically be assumed free of tenant-related rights.
65. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.
Nothing on the Website replaces applicable federal obligations.
66. 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.
67. Florida Recording Law
Florida generally requires the prior consent of all parties to intentionally record a private wire, oral, or electronic communication, subject to statutory exceptions.
Acquisition calls therefore should not be silently recorded solely because the business participates in the call.
Where recording is used, appropriate notice and consent procedures should be implemented.
68. 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.
69. 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.
70. 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 another manner.
71. Privacy
Our handling of personal information is described in our Privacy Policy.
72. Independent Decision-Making
Selling fire-damaged property can have significant:
- Legal;
- Tax;
- Financial;
- Insurance;
- Floodplain;
- Construction;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A Florida attorney;
- A licensed Florida real estate professional;
- A tax professional;
- An accountant;
- An insurance professional;
- A licensed contractor;
- An engineer;
- A floodplain professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
73. No Professional Advice
Website content does not constitute individualized:
- Legal advice;
- Tax advice;
- Accounting advice;
- Financial advice;
- Insurance advice;
- Construction advice;
- Engineering advice;
- Floodplain advice;
- Environmental advice;
- Appraisal advice;
- Mortgage advice; or
- Foreclosure advice.
74. 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 a licensed Florida real estate professional participates, applicable brokerage and professional documentation controls.
75. 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.
76. 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 Cape Coral Florida.
You may not commercially reproduce protected Website content without authorization.
77. 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.
78. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
79. 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;
- Floodplain approval;
- Completion of permits;
- Resolution of code violations;
- Completion of a transaction; or
- A particular financial result.
80. Marketing Claims
Website statements describing the transaction as:
- Fair;
- Competitive;
- Fast;
- Transparent;
- Hassle-free;
- No-pressure;
- No-fee; or
- Similar terminology
describe intended or possible service characteristics and do not guarantee a particular financial outcome.
The signed transaction documents control.
81. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same closing time;
- The same transaction structure; or
- The same outcome.
82. 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.
83. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE CAPE CORAL FLORIDA 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;
- Foreclosure-rescue agreements;
- Insurance-related agreements;
- Contractor agreements;
- Closing documents; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
84. 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.
85. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Cape Coral Florida 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.
86. Governing Law
These Terms are governed by the laws of the State of Florida, except where another law must apply.
87. 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 Florida.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
88. Non-Waivable Florida Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Florida seller-disclosure law;
- Florida flood-disclosure law;
- Florida Real Estate License Law;
- Florida Deceptive and Unfair Trade Practices Act;
- Florida Digital Bill of Rights;
- Florida security-breach law;
- Florida Security of Communications Act;
- Florida foreclosure-rescue law;
- Cape Coral building and floodplain requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
89. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller disclosure documents;
- Florida Flood Disclosures;
- Foreclosure-rescue contracts;
- Statutory cancellation forms;
- Title documents;
- Closing documents;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents.
A separately executed transaction agreement governs that transaction to the extent enforceable.
90. 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.
91. 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.
92. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
93. 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 may be assigned.
Assignment of a purchase agreement is governed by:
- The agreement itself;
- Florida contract law;
- Florida real estate licensing law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
94. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
95. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Cape Coral Florida
Cape Coral, Florida
United States
Website: ibuyfiredamagedhomescapecoralflorida.com