Effective Date: October 9, 2026
Last Updated: October 9, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagetucson.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Tucson (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting an offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property facing foreclosure;
- Property subject to liens;
- Property requiring cleanup;
- Property requiring substantial repairs; and
- Other residential or investment property.
Depending on the property and transaction, we may:
- Evaluate the property;
- Purchase or seek to purchase it directly;
- Make or facilitate a potential cash offer;
- Conduct or arrange due diligence;
- Coordinate cleanout where agreed;
- Enter into a purchase agreement;
- Acquire contractual or equitable rights;
- Assign contractual rights where legally and contractually permitted;
- Participate in a legally compliant wholesale transaction;
- 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 presently markets our business primarily as a direct purchaser of fire-damaged property in Tucson.
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 legally disclosed;
- 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 facts and governing transaction documents.
Unless separately and lawfully established, we do not act as your:
- Real estate broker;
- Seller’s agent;
- Attorney;
- Accountant;
- Tax adviser;
- Financial adviser;
- Insurance adviser;
- Public adjuster;
- Contractor;
- Engineer;
- Appraiser;
- Fiduciary;
- Housing counselor;
- Mortgage lender;
- Mortgage servicer;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
3. 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 reflecting repairs, cleanup, holding costs, transaction expenses, risk, and expected 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 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 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 and contractual rights.
5. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a prior offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
6. Eligibility and Authority
By using the Website or submitting property information, you represent that:
- You are at least 18 years old;
- You possess legal capacity to contract;
- Information you provide is materially accurate to the best of your knowledge;
- You own the property or have lawful authority to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily authorize that person to bind all other owners.
7. Agents, Wholesalers, and Other Representatives
A person submitting property information as an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, heir, or other representative is responsible for having lawful authority to do so.
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;
- Recorded deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Property taxes;
- Trustee-sale information;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs;
- Building permits;
- Fire-damage repair permits;
- Trade permits;
- Code-enforcement records;
- Insurance claims;
- Tenant status;
- Probate;
- Comparable sales; and
- Other information relevant to evaluating a potential 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;
- 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 the property.
10. Preliminary Offers
Any preliminary:
- Cash offer;
- Estimated offer;
- Property valuation;
- Price range;
- Repair estimate; or
- Similar statement
is non-binding unless incorporated into an enforceable written transaction agreement.
A preliminary offer may change following due diligence.
11. Offer Methodology
Potential offers may consider:
- Current property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Estimated restoration expenses;
- Cleanup costs;
- Permit expenses;
- Holding costs;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation methodology, purchase price, or investment 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;
- Wholesaling disclosures where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Buyer funding;
- Escrow;
- Tucson permitting or code matters; and
- Other contractual or legal conditions.
13. Arizona Does Not Have One Universal Statutory Residential Disclosure Form
Arizona does not impose one statewide statute requiring every private seller of an existing residence to complete one government-issued residential property-condition questionnaire.
Arizona instead relies heavily on:
- Common-law disclosure duties;
- Fraud and misrepresentation law;
- Purchase-contract requirements;
- Voluntary or industry disclosure forms;
- Specific statutory notices;
- Licensed real estate professional duties; and
- Transaction-specific requirements.
The commonly used Seller’s Property Disclosure Statement (“SPDS”) is an Arizona REALTORS® form, not a universal state-government form.
14. Seller’s Disclosure Duty Remains Even Without an SPDS
The fact that a seller and buyer agree not to use an SPDS does not automatically eliminate the seller’s underlying legal disclosure duties.
Arizona’s Department of Real Estate specifically advises buyers that a seller’s disclosure obligation remains even if the buyer and seller agree that no SPDS will be provided.
15. Known Material Latent Facts
Arizona case law generally requires a seller to disclose known facts that materially affect property value when those facts are not readily observable and are not known to the buyer.
A seller therefore should not assume that an as-is clause permits intentional concealment of a known material latent condition.
16. Fire Damage Can Be Material
Fire-related facts may be material depending on matters including:
- Structural damage;
- Roof damage;
- Foundation damage;
- Electrical damage;
- Plumbing damage;
- HVAC damage;
- Smoke and soot contamination;
- Firefighting-water intrusion;
- Mold;
- Hazardous-material disturbance;
- Repair history;
- Permit status;
- Unpermitted work;
- Code violations;
- Insurance-related repair conditions;
- Habitability;
- Insurability; and
- Effect on property value.
Known material conditions should not be concealed or misrepresented.
17. SPDS and Fire-Related Conditions
Where an SPDS is used, the seller should answer applicable questions truthfully and completely based on the seller’s actual knowledge.
Arizona REALTOR® disclosure materials address matters closely related to fire damage, including:
- Fire and smoke detection or suppression systems;
- Electrical systems;
- Structural alterations;
- Repairs;
- Permit status;
- Flooding and water issues;
- Environmental conditions; and
- Other physical property conditions.
Arizona REALTOR® guidance has also specifically recognized fire-related property conditions as matters that can require disclosure.
18. No Universal Requirement to Deliver Every Fire Record
Arizona does not impose one universal rule requiring every residential seller automatically to provide every:
- Fire-department report;
- Insurance file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Environmental report; or
- Inspection document
to every purchaser.
A particular document may nevertheless be:
- Relevant to a seller’s disclosure;
- Required by contract;
- Requested during due diligence;
- Required by a lender;
- Required by an insurer;
- Required by Tucson;
- Required by escrow or title professionals; or
- Required under another applicable law.
19. No Universal Requirement for a Seller-Ordered Fire Inspection
Professional structural, electrical, environmental, or fire-damage evaluations can be highly prudent.
Arizona does not impose one statewide rule requiring every private seller of a fire-damaged residence to commission every type of professional inspection before sale.
The need for an inspection or professional report may depend on:
- Property condition;
- Tucson permit requirements;
- Existing code violations;
- Work already performed;
- Insurance requirements;
- Contract terms; and
- Buyer due diligence.
20. If a Seller Makes a Representation, It Must Not Be Fraudulent
A seller should not knowingly make false or misleading statements concerning:
- Extent of fire damage;
- Repair completion;
- Permit status;
- Structural safety;
- Electrical safety;
- Smoke remediation;
- Insurance claims;
- Code compliance; or
- Other material facts.
A seller also should not undertake cosmetic work for the purpose of fraudulently concealing a known material defect.
21. As-Is Transactions
The Website advertises acquisition of property in its current or “as-is” condition.
“As-is” may mean the purchaser accepts responsibility for specified repairs after closing.
It does not automatically eliminate:
- Fraud liability;
- Material latent-fact disclosure duties;
- Contractual representations;
- Wholesale-buyer disclosure;
- Specific statutory disclosures;
- Federal disclosure obligations;
- Title obligations;
- Government orders; or
- Other non-waivable legal duties.
22. No Universal Requirement to Repair Before Sale
Arizona does not impose one statewide requirement that every fire-damaged residence be fully repaired before transfer.
A damaged property may potentially be sold in its current condition.
Separate:
- Building-code requirements;
- Unsafe-building orders;
- Repair permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Fire-code requirements;
- Utility requirements;
- Occupancy restrictions;
- Environmental rules;
- Insurance requirements; and
- Local ordinances
may nevertheless affect the property.
23. Unincorporated Pima County Properties
Properties marketed as being in the Tucson area may actually lie in unincorporated Pima County rather than within Tucson city limits.
Arizona law requires a special Affidavit of Disclosure in certain transfers involving five or fewer parcels of unsubdivided land in an unincorporated area.
Where A.R.S. § 33-422 applies:
- The seller generally must provide the affidavit at least seven days before transfer;
- The buyer generally receives a five-day rescission period after receiving it; and
- The executed affidavit generally is recorded with the deed.
This rule is parcel- and location-specific and should not be applied automatically to every Tucson house.
24. Tucson Fire-Damage Repair Permits
The City of Tucson expressly recognizes fire restoration within its residential addition/alteration permit process.
Fire-damage repairs may require plans and permits depending on the scope of work.
Tucson’s actual fire-damage permit records commonly involve review of:
- Structural framing;
- Roof framing;
- Electrical work;
- Plumbing;
- HVAC or mechanical work;
- Demolition;
- Reconstruction;
- Truss or joist designs; and
- Other repairs.
25. Tucson’s Current Building Codes
Tucson adopted the 2024 International Codes and related local amendments for applicable projects.
For applications and related submittals received on or after July 1, 2026, the City’s current adopted 2024 International Codes and amendments generally apply, along with the applicable electrical code.
The actual code applicable to a project depends on submission timing and the City’s rules.
26. Tucson Residential Permit Requirements
Current Tucson residential-permit guidance requires permits for many types of work commonly encountered after a fire, including:
- Electrical reconnections;
- Electrical panel replacement or repair;
- Gas piping work;
- Water-heater replacement;
- HVAC replacement;
- Additions;
- Garages;
- Remodeling; and
- Other specified construction.
Where work has already been performed without the required permit, Tucson may require drawings, inspections, and after-the-fact permitting.
27. Rental Properties and Contractor Requirements
Tucson’s current permitting guidance treats rental units as commercial property for permitting purposes and generally requires a licensed contractor for commercial permits.
A buyer planning to acquire, rehabilitate, and rent a fire-damaged property should therefore not assume that an owner-builder procedure available for a qualifying owner-occupied residence will apply.
28. Contractor or Owner-Builder Requirements
Tucson fire-damage repair permits can require:
- An Arizona contractor holding the appropriate active license for the scope of work; or
- A qualifying owner-builder affidavit where legally available.
An investor should verify whether an owner-builder exemption actually applies before beginning construction.
29. Tucson Fire Code and Fire Protection Systems
The City of Tucson Fire Department enforces the 2024 International Fire Code with local amendments.
Separate permits, reviews, inspections, or testing may be required for qualifying:
- Fire alarm systems;
- Fire suppression systems;
- Sprinklers;
- Fire-service infrastructure;
- Hazardous materials; and
- Other regulated fire-protection systems.
A property sale does not eliminate those requirements.
30. Sale Does Not Cure Existing Code Problems
A sale should not be represented as automatically:
- Closing an open permit;
- Resolving a code-enforcement case;
- Legalizing unpermitted construction;
- Restoring legal occupancy;
- Satisfying an unsafe-building order; or
- Eliminating required inspections.
Known municipal issues should be addressed in due diligence and the purchase agreement.
31. Cleanup and Restoration
The Website advertises that cleanout may be handled after the sale.
Any:
- Demolition;
- Construction;
- Debris removal;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated activity
must comply with applicable contractor licensing, environmental, worker-safety, disposal, permit, and other requirements.
Nothing in these Terms represents that we personally perform regulated contractor work unless legally authorized to do so.
32. Inspections and Due Diligence
An as-is cash purchase does not prevent a buyer from conducting due diligence permitted by the purchase agreement.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental testing;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
33. Fast Offer and Closing Claims
The Website advertises cash offers in as little as approximately 24 hours and generally describes a rapid selling process.
Those statements describe intended or possible service timing and are not guarantees.
Actual timing may depend on:
- Ownership;
- Authority;
- Title;
- Mortgages;
- Liens;
- Disclosures;
- Wholesale-buyer notices;
- Due diligence;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- Tucson permit or code issues;
- Escrow;
- Buyer funding; and
- Other circumstances.
34. “Fair,” “Competitive,” and “True Value” Claims
Website language describing an offer as:
- Fair;
- Competitive;
- Market-reflective;
- Accurate;
- The best possible offer; or
- Similar terminology
does not guarantee:
- Appraised fair market value;
- Repaired retail value;
- The highest available offer;
- A particular percentage of market value; or
- A better result than listing with a broker.
The executed purchase agreement controls the actual purchase price.
35. No Agent Commissions and Fees
Where the seller enters a genuine direct transaction without a listing broker, a conventional listing commission may not apply.
If a licensed real estate professional participates, any compensation obligation will depend on applicable:
- Brokerage agreements;
- Representation arrangements;
- Purchase agreements;
- Escrow instructions; and
- Arizona law.
36. Arizona Wholesaling Law
Arizona specifically regulates wholesale buyers and wholesale sellers of residential real property containing fewer than five dwelling units.
A “wholesale buyer” generally means a person or entity that:
- Enters a purchase contract as the buyer; and
- Assigns that same contract to another person or entity.
A “wholesale seller” generally means a person or entity that:
- Enters a purchase contract as the seller;
- Does not hold legal title; and
- Assigns that same contract to another person or entity.
37. Wholesale Buyer Disclosure to the Seller
Before the parties enter into any binding agreement, a covered Arizona wholesale buyer must disclose in writing to the seller that the buyer is a wholesale buyer.
The disclosure therefore should not be delayed until after the seller signs the purchase agreement.
38. Wholesale Seller Disclosure to the Buyer
Before entering into a binding agreement, a covered wholesale seller must disclose in writing to the buyer that:
- The seller is a wholesale seller;
- The seller holds an equitable interest in the residential real property; and
- The seller may not be able to convey legal title to the property.
39. Seller Cancellation if Wholesale Buyer Fails to Disclose
If a wholesale buyer violates Arizona’s disclosure requirement, the seller may generally:
- Cancel the purchase contract at any time before close of escrow;
- Cancel without penalty; and
- Retain any earnest money paid by the wholesale buyer.
These statutory consequences should not be waived or obscured by Website marketing.
40. Buyer Cancellation if Wholesale Seller Fails to Disclose
If a wholesale seller fails to provide the required disclosure, the buyer may generally:
- Cancel at any time before close of escrow;
- Cancel without penalty; and
- Receive a refund of earnest money paid by the buyer.
41. Contract Interest Is Not Legal Title
Holding:
- A purchase agreement;
- Assignment right;
- Option;
- Equitable title; or
- Another contractual interest
is different from holding legal title.
A contract holder should not falsely represent that:
- It is the deed owner;
- It owns legal title;
- Title has already transferred;
- It is conveying legal title when it is only assigning contractual rights; or
- It possesses rights greater than those created by the contract.
42. Marketing an Equitable Interest
A wholesaler should clearly distinguish marketing its contractual or equitable interest from marketing the underlying real estate as though the wholesaler owns legal title.
Arizona real estate guidance has long cautioned wholesalers to disclose that they hold only an equitable interest when that is the case.
43. Assignment Depends on the Contract
Whether a particular purchase contract may be assigned depends on:
- The contract language;
- Anti-assignment provisions;
- Required consents;
- Arizona contract law;
- Arizona wholesaling law;
- Real estate licensing requirements; and
- Other applicable law.
Nothing on the Website guarantees that a particular contract is assignable.
44. Arizona Real Estate Licensing
Arizona generally defines a real estate broker as a person who, for another and for compensation, performs specified activities involving the sale, purchase, lease, exchange, option, listing, or negotiation of real estate.
The actual conduct and compensation arrangement control.
45. Principal Purchaser and Own-Property Exemption
Arizona’s licensing law contains an exemption for qualifying persons or entities dealing with their own property.
A genuine principal purchaser acquiring property for its own account may therefore be situated differently from someone who:
- Represents another buyer;
- Represents another seller;
- Negotiates for another;
- Solicits parties for another;
- Provides brokerage services for another; or
- Receives compensation for brokerage-type activity.
The exemption is fact-specific.
46. Wholesaling Compliance Does Not Resolve Every Licensing Question
Compliance with A.R.S. § 44-5101 does not automatically establish that every activity surrounding a wholesale transaction is exempt from Arizona’s licensing laws.
Transaction staff should separately evaluate brokerage-type activity conducted for another and for compensation.
47. Foreclosure and Financial Distress
The Website may attract homeowners who are:
- Behind on mortgage payments;
- Facing a trustee sale;
- Facing judicial foreclosure;
- Experiencing financial hardship; or
- Seeking a rapid sale.
We are not your:
- Mortgage lender;
- Servicer;
- Attorney;
- Financial adviser;
- Housing counselor;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-management provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
48. Arizona Foreclosure Consultant Law
Arizona separately regulates foreclosure consultants.
A person may become a covered foreclosure consultant where, for compensation, the person offers or provides covered services represented as helping a homeowner:
- Prevent or postpone foreclosure;
- Obtain forbearance;
- Reinstate a mortgage;
- Extend a reinstatement period;
- Obtain waiver of acceleration;
- Obtain funds;
- Reduce foreclosure-related credit harm;
- Save the residence from foreclosure; or
- Accomplish a foreclosure reconveyance.
A direct property purchaser should not blur an acquisition with paid foreclosure consulting.
49. Twenty-Four-Hour Advance Review
A covered Arizona foreclosure-consulting contract generally must be:
- In writing;
- Provided to the homeowner for review at least 24 hours before signing;
- Printed in at least 12-point type;
- Fully disclose the services and compensation; and
- Comply with additional statutory execution requirements.
50. Three-Business-Day Foreclosure Consultant Cancellation Right
A homeowner entering into a covered foreclosure-consulting contract generally has until midnight of the third business day after signing to cancel.
That cancellation right should not be waived or restricted.
51. No Advance Compensation for Foreclosure Consultants
A covered Arizona foreclosure consultant generally may not collect compensation until the consultant has fully performed each covered service the consultant contracted or represented that it would perform.
52. Foreclosure Consultant Cannot Acquire the Homeowner’s Residence
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 contracted to provide covered services.
A business intending to purchase the property should therefore remain clearly separate from the seller’s paid foreclosure consultant.
53. Foreclosure Reconveyance
Arizona defines a foreclosure reconveyance to include specified transactions in which:
- A homeowner transfers an interest in a residence during foreclosure; and
- The acquirer later conveys or promises an interest back that allows the former homeowner to remain in possession.
This can include arrangements involving:
- Leaseback;
- Repurchase agreements;
- Options to purchase; or
- Contract-for-deed structures.
Such structures are materially different from an ordinary permanent sale and require specific legal review.
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 Arizona or the federal government;
- We guarantee that 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.
55. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving an offer, or negotiating a transaction does not automatically:
- Stop a trustee sale;
- Cancel a notice of sale;
- Extend a foreclosure deadline;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create a forbearance; or
- Require a lender or servicer to delay enforcement.
A homeowner facing foreclosure should independently verify all applicable deadlines.
56. Federal Mortgage-Assistance Rules
Where separate activity constitutes mortgage-assistance-relief services under federal law, additional federal requirements may govern:
- Advance fees;
- Advertising;
- Required notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
57. 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;
- Court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
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 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.
59. Pending Insurance Claims
If property is sold while an insurance claim remains pending, transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future claim payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related benefits.
60. Insurance Rights Do Not Automatically Transfer
Sale of the property does not automatically transfer:
- The seller’s insurance policy;
- A pending insurance claim;
- Insurance proceeds;
- Recoverable depreciation; or
- Other policy rights.
Those matters depend on:
- Policy language;
- Arizona insurance law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- The transaction agreement.
61. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should use an appropriately qualified and, where required, licensed insurance professional or attorney.
62. Tenant-Occupied Property
Sale of a tenant-occupied Arizona property does not automatically terminate a lawful tenancy.
A purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Habitability issues;
- Fire displacement;
- Possession rights;
- Required notices; and
- Applicable Arizona landlord-tenant law.
A property appearing vacant after a fire should not automatically be treated as legally free of tenant rights.
63. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing built before 1978.
Nothing on the Website replaces applicable federal obligations.
64. Homeowners Associations
If property is located in an Arizona condominium or planned community, separate association, resale, assessment, governing-document, insurance, or disclosure requirements may apply.
The actual association documents and applicable Arizona statutes should be reviewed.
65. 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.
66. Arizona Recording Law
Arizona generally permits recording of a communication when the recorder is a party or one party has consented, subject to applicable statutory limitations.
We or providers acting on our behalf may record communications for legitimate business purposes.
Because interstate calls can involve jurisdictions requiring all-party consent, additional notice or consent may be required.
Where another applicable law is stricter, that stricter requirement controls.
67. Text Messages
If you provide a mobile 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 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.
68. Email Communications
By providing an email address, you authorize communications concerning:
- Your property;
- Potential offers;
- Inspections;
- Due diligence;
- Scheduling;
- Follow-up;
- Services; and
- Potential transactions.
Applicable promotional emails will provide an unsubscribe mechanism.
69. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This does not eliminate any document or notice that applicable law requires to be delivered in a particular form or manner.
70. Privacy
Our handling of personal information is described in our Privacy Policy.
71. Independent Decision-Making
Selling fire-damaged real estate 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;
- A properly licensed contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
72. 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.
73. No Automatic Agency or Fiduciary Relationship
Use of the Website does not itself create:
- Seller agency;
- Buyer agency;
- A brokerage relationship;
- A fiduciary relationship;
- Partnership;
- Joint venture; or
- Employment.
If a licensed Arizona real estate professional participates, applicable brokerage, agency, disclosure, and professional duties control.
74. Acceptable Use
You may not:
- Use the Website unlawfully;
- Submit fraudulent property leads;
- Knowingly provide materially false information;
- Impersonate another person;
- Submit property information without authority;
- Attempt unauthorized system access;
- Introduce malicious code;
- Circumvent Website security;
- Abuse Website forms;
- Interfere with Website operation; or
- Violate another person’s rights.
75. Intellectual Property
Unless otherwise stated, the Website and its original:
- Text;
- Branding;
- Graphics;
- Images;
- Designs;
- Layout; and
- Software
are owned by or licensed to I Buy Houses With Fire Damage Tucson.
You may not commercially reproduce protected Website content without authorization.
76. Third-Party Websites and Services
We are not responsible for independent third-party:
- Websites;
- Privacy practices;
- Content;
- Security;
- Products;
- Services;
- Representations; or
- Conduct.
77. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
78. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Vacant possession;
- Resolution of City code issues;
- Completion of repairs;
- Completion of a transaction; or
- A particular financial result.
79. Marketing Claims
Website statements describing an offer or process as:
- Fair;
- Competitive;
- Fast;
- Accurate;
- Stress-free;
- Transparent;
- Fee-free;
- Hassle-free;
- No-pressure; or
- Similar terminology
describe intended or possible service characteristics and do not guarantee a particular economic result.
The executed purchase agreement controls.
80. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same timing;
- The same transaction structure; or
- The same result.
81. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE; AND
- NON-INFRINGEMENT.
Nothing in these Terms eliminates rights that applicable law does not permit to be waived.
82. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE TUCSON 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 arising 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.
83. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for unaffiliated third-party:
- Representations;
- Pricing;
- Contracts;
- Professional services;
- Performance;
- Privacy practices; or
- Conduct.
Nothing in this section eliminates liability that applicable law does not permit to be excluded.
84. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Tucson 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.
85. Governing Law
These Terms are governed by the laws of the State of Arizona, except where another law must apply.
86. Venue and Disputes
Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in Arizona.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
87. Non-Waivable Arizona Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Arizona fraud and misrepresentation law;
- Arizona residential wholesaling law;
- Arizona Real Estate Law;
- Arizona Consumer Fraud Act;
- Arizona foreclosure-consultant law;
- Arizona communications law;
- Arizona data-breach law;
- Tucson building or fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
88. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller Property Disclosure Statements;
- Affidavits of Disclosure;
- Wholesale-buyer or wholesale-seller disclosures;
- Foreclosure-consulting contracts;
- Title documents;
- Escrow instructions;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents.
A separately executed transaction agreement governs that transaction to the extent enforceable.
89. Changes to These Terms
We may update these Terms periodically.
Updated Terms become effective when posted or on another identified effective date, subject to applicable law.
90. Severability
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.
91. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
92. Assignment
You may not assign these Website Terms without our written consent.
We may assign these Website Terms in connection with a merger, acquisition, financing, restructuring, affiliate reorganization, or sale of assets, subject to applicable law.
This Website provision does not determine whether a real estate purchase contract may be assigned.
Assignment of a real estate 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.
93. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
94. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Tucson
Tucson, Arizona
United States
Website: ibuyhouseswithfiredamagetucson.com