Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagehouston.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Houston (“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;
- Flood-damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property facing foreclosure;
- Property subject to liens;
- Property requiring cleanup;
- Property requiring substantial repairs; and
- Other residential or investment property.
Depending on the property and transaction, we may:
- Evaluate the property;
- Purchase or seek to purchase it directly;
- Make or facilitate a potential cash offer;
- Conduct or arrange due diligence;
- Coordinate cleanout where agreed;
- Enter into a purchase agreement;
- Acquire contractual or equitable rights;
- Assign contractual rights where legally and contractually permitted;
- Work with licensed Texas real estate professionals where legally required; or
- Decline the opportunity.
Nothing displayed on the Website constitutes a binding offer to purchase real estate.
2. Our Role
The Website presently markets our business principally as a direct cash purchaser of fire-damaged property in Houston.
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 assignor of contractual rights where legally permitted;
- An affiliate or co-investor with another purchaser; or
- Another lawful transaction participant.
Our actual role depends on the transaction documents and conduct.
Unless separately and lawfully established, we do not act as your:
- Real estate broker;
- Seller’s agent;
- Attorney;
- Accountant;
- Tax adviser;
- Financial adviser;
- Insurance adviser;
- Public adjuster;
- Contractor;
- Engineer;
- Appraiser;
- Fiduciary;
- Housing counselor;
- Mortgage broker;
- Mortgage lender;
- Mortgage servicer;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
3. Direct Purchase Model
Where we seek to purchase property for our own account:
- Our economic interests may differ from the seller’s interests;
- We may seek a purchase price accounting for repairs, cleanup, holding costs, permitting, 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 the seller’s broker, attorney, appraiser, fiduciary, financial adviser, or insurance 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 any applicable cancellation or termination rights.
5. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a prior offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
6. Eligibility and Authority
By using the Website or submitting property information, you represent that:
- You are at least 18 years old;
- You possess legal capacity to contract;
- Information you provide is materially accurate to the best of your knowledge;
- You own the property or 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
The Website specifically permits submitters to identify themselves as:
- Owners;
- Agents; or
- Wholesalers.
A person submitting property information as an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, or other representative 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;
- False claims concerning legal title; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Property taxes;
- Foreclosure status;
- Property condition;
- Fire and smoke damage;
- Firefighting-water damage;
- Flood history;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs;
- Building permits;
- Trade permits;
- Fire permits;
- Floodplain information;
- Code-enforcement records;
- Insurance claims;
- Tenant status;
- Probate;
- Comparable sales; and
- Other information relevant to evaluating a transaction.
9. Property Assessments
An acquisition evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Floodplain 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 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 transaction agreement.
A preliminary offer may change following due diligence.
11. Offer Methodology
Potential offers may take into account:
- Current property condition;
- Fire and smoke damage;
- Structural damage;
- Firefighting-water damage;
- Flood history;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup and debris-removal expenses;
- Permit expenses;
- Floodplain requirements;
- Tenant or occupancy issues;
- Holding expenses;
- Taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation method, purchase price, or financial outcome is guaranteed.
12. Binding Transactions
A binding real estate transaction arises only when applicable parties execute legally enforceable transaction documents.
Closing may depend on:
- Ownership verification;
- Authority to sell;
- Title;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Taxes;
- Seller disclosures;
- Equitable-interest disclosures where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Buyer funding;
- Houston permitting or floodplain requirements;
- Closing requirements; and
- Other legal or contractual conditions.
13. Texas Seller’s Disclosure Notice
Texas Property Code section 5.008 generally requires a seller of covered residential real property comprising not more than one dwelling unit to provide the purchaser with the statutory Seller’s Disclosure Notice or a substantially similar notice.
The Texas Real Estate Commission currently publishes Seller’s Disclosure Notice Form 55-1, approved in 2026.
A direct cash or investor purchase is not automatically exempt merely because:
- The transaction is cash;
- The purchaser is an investor;
- No traditional listing broker participates;
- The property is fire-damaged;
- The property is sold as-is; or
- The parties want to close quickly.
14. Previously Occupied Single-Family Residences
The Texas Real Estate Commission describes the current Seller’s Disclosure Notice as required for qualifying sellers of previously occupied single-family residences.
Different property types and transaction structures can be governed by different disclosure statutes or contractual requirements.
The appropriate form should therefore be confirmed for the specific property.
15. Timing of the Seller’s Disclosure
For a covered transaction under section 5.008, the seller generally must deliver the Seller’s Disclosure Notice to the purchaser on or before the effective date of the contract binding the purchaser to purchase the property.
Providing it before contract execution is generally the cleaner operational practice.
16. Seven-Day Termination Right After Late Disclosure
If a covered contract is entered into without the seller providing the required notice, the purchaser generally may terminate the contract for any reason within seven days after receiving the notice, subject to the statute and timing of the transfer.
Nothing in these Website Terms limits a purchaser’s applicable statutory termination right.
17. The Disclosure Is Based on Seller Knowledge
The statutory Seller’s Disclosure Notice discloses the seller’s knowledge of property condition as of the date it is signed.
It is not itself:
- A property inspection;
- An appraisal;
- A warranty; or
- A guarantee of property condition.
The current TREC form expressly states that it is not a substitute for inspections or warranties a purchaser may wish to obtain.
18. Previous Fires Are Expressly Addressed
Texas’s current TREC Seller’s Disclosure Notice expressly asks whether the seller is aware of Previous Fires.
That means a historical fire is specifically addressed by the current Texas disclosure form.
A seller who answers “yes” should provide an appropriate explanation.
19. Fire-Related Systems and Defects
The current Texas form also addresses matters that may be affected by a fire, including:
- Fire detection equipment;
- Smoke detectors;
- Carbon-monoxide alarms;
- Fireplaces and chimneys;
- Interior walls;
- Ceilings;
- Floors;
- Exterior walls;
- Roof;
- Foundation and slabs;
- Electrical systems;
- Plumbing;
- Other structural components;
- Previous structural or roof repairs;
- Items or systems in need of repair;
- Unpermitted repairs;
- Code violations; and
- Conditions materially affecting physical health or safety.
A fire-damaged seller should review all applicable sections rather than merely checking “Previous Fires.”
20. Smoke Detector Requirements
Texas’s current Seller’s Disclosure Notice asks whether the property has working smoke detectors installed in accordance with applicable Texas requirements.
The form also explains that one-family and two-family dwellings are subject to smoke-detector requirements established by Texas Health and Safety Code Chapter 766 and the applicable local building code.
21. Flood Disclosure Is Particularly Important in Houston
The current Texas Seller’s Disclosure Notice contains extensive flood-related questions.
It asks about matters including:
- Present flood insurance;
- Prior flooding;
- Previous water penetration caused by a natural flood event;
- Flood claims filed with an insurer or the National Flood Insurance Program;
- FEMA or SBA flood assistance;
- Whether property is wholly or partly in specified flood hazard areas;
- Floodways;
- Flood pools;
- Reservoir areas;
- 100-year floodplains; and
- 500-year floodplains.
Houston acquisition due diligence should treat fire and flood history as separate issues.
22. Firefighting Water Is Not the Same as Natural Flooding
Water damage caused by fire suppression can create:
- Structural deterioration;
- Mold;
- Electrical damage;
- Interior damage; and
- Other conditions requiring disclosure.
However, firefighting-water damage should not automatically be characterized as a natural flood event.
The disclosure should accurately describe the actual source and condition.
23. Seller Disclosure Exemptions
Texas provides exemptions from section 5.008 for specified transfers, including qualifying:
- Court-ordered transfers;
- Foreclosure sales;
- Bankruptcy transfers;
- Transfers to a mortgagee following default;
- Transfers by a lender or deed-of-trust beneficiary following foreclosure or deed in lieu;
- Certain fiduciary transfers;
- Transfers among co-owners;
- Certain family transfers;
- Certain marital-property transfers;
- Government transfers;
- New residences that have never been occupied; and
- Property where the dwelling represents no more than the statutory percentage of property value.
An exemption should be confirmed for the actual transaction.
24. As-Is Transactions
The Website advertises purchase of property in its current or “as-is” condition.
“As-is” may mean the purchaser is willing to acquire the property without requiring the seller to complete repairs.
It does not automatically eliminate:
- Required Texas seller disclosures;
- Fraud or intentional misrepresentation liability;
- Contract representations;
- Equitable-interest disclosures;
- Federal disclosure obligations;
- Title obligations;
- Foreclosure-consulting protections;
- Government orders;
- Houston floodplain requirements; or
- Other non-waivable legal duties.
25. No Universal Requirement to Repair Before Sale
Texas does not impose one universal statewide rule requiring every fire-damaged home to be completely restored before it can be sold.
A damaged property may potentially be transferred in its current condition.
Separate:
- City of Houston construction codes;
- Unsafe-building requirements;
- Building permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Fire permits;
- Floodplain rules;
- Environmental requirements;
- Occupancy restrictions;
- Insurance obligations; and
- Contract terms
may nevertheless affect the property.
26. No Universal Fire-Document Package
Texas does not impose one universal requirement that every seller automatically 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.
Particular documents may nevertheless be:
- Useful to explain the Seller’s Disclosure Notice;
- Requested during due diligence;
- Required by contract;
- Required by an insurer or lender;
- Required by the City of Houston;
- Required by a title or closing professional; or
- Required under another law.
27. Houston Building Permits
The City of Houston’s Building Code Enforcement division administers the City’s construction codes for residential and commercial construction.
Fire-damage repairs may require permits or inspections concerning:
- Structural repair;
- Electrical work;
- Plumbing;
- Mechanical systems;
- Roofing;
- Reconstruction;
- Demolition; and
- Other regulated construction work.
The exact requirements depend on the property and scope of repair.
28. Houston Permitting Center
The Houston Permitting Center provides centralized processing for many City permits and licenses, including:
- Building permits;
- Commercial permits;
- Fire permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits; and
- Other regulated activities.
The City’s online permit system allows permit searches and inspection scheduling.
A purchaser may review permit history as part of due diligence.
29. Fire-Protection Permits
Fire-damaged property may require separate Fire Department or fire-protection approvals where work affects regulated:
- Fire-alarm systems;
- Sprinkler systems;
- Fire-suppression systems;
- Fire-service equipment; or
- Other life-safety systems.
A building permit does not necessarily replace a separately required fire permit.
30. Houston Floodplain Development Requirements
Property within a regulated Houston floodplain can be subject to separate Chapter 19 floodplain development requirements.
Depending on the location and scope of repairs, reconstruction or substantial improvement, a property may require a Floodplain Development Permit in addition to ordinary construction permits.
The City’s current permitting fee schedule separately identifies floodplain permits for:
- Single-family residential repair or development;
- Substantial improvements or additions;
- New construction; and
- Commercial or multifamily development.
31. Substantial Damage and Floodplain Issues
Where a fire-damaged property is also within a regulated floodplain, the cost and scope of restoration can trigger additional floodplain requirements.
A purchaser should determine:
- Applicable flood zone;
- Required elevations;
- Whether the structure has a substantial-damage or substantial-improvement issue;
- Whether a Floodplain Development Permit is needed;
- Whether utilities must be protected or elevated; and
- Whether reconstruction requirements materially affect project economics.
Fire damage and floodplain regulation should therefore be evaluated together on Houston properties where both issues exist.
32. Existing Code Violations and Orders
Fire-damaged property may be affected by:
- Notices of violation;
- Unsafe-building determinations;
- Utility restrictions;
- Emergency conditions;
- Required stabilization;
- Repair orders;
- Demolition orders; or
- Other governmental action.
A sale does not necessarily eliminate an obligation attached to the property or condition.
33. Cleanup and Restoration
The Website advertises that cleanup can be handled as part of its process.
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Mold remediation;
- Environmental remediation; or
- Other regulated work
must comply with applicable:
- Contractor requirements;
- Environmental law;
- Worker-safety requirements;
- Disposal requirements;
- Permits; and
- Other law.
Nothing in these Terms represents that we personally perform regulated contracting or environmental work unless legally authorized to do so.
34. Inspections and Due Diligence
The Website markets a sale process without requiring the seller to undertake repairs or cumbersome traditional inspections.
That does not prevent us from conducting our own due diligence permitted by the transaction agreement.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Mold or environmental review;
- Permit research;
- Floodplain research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
35. 24-Hour Offer Statements
The Website advertises a no-pressure as-is cash offer in 24 hours.
That statement describes intended or possible service timing and is not a guarantee that:
- Every property will receive an offer;
- Every property will be evaluated within exactly 24 hours;
- An offer will remain open for any particular period; or
- A transaction can proceed without further due diligence.
36. 10-Day Closing Statements
The Website states that it can close in approximately 10 days.
That statement describes a potential transaction structure and is not a guarantee.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Seller disclosures;
- Seven-day statutory termination rights following late disclosure;
- Equitable-interest disclosures;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- Houston permits or code orders;
- Floodplain requirements;
- Buyer funding;
- Closing-provider requirements; and
- Other circumstances.
37. Fair and Competitive Offer Claims
The Website describes offers as:
- Fair;
- Competitive;
- Reflective of market values; and
- Tailored to fire damage.
Such statements should not be interpreted as a guarantee that:
- An offer equals appraised fair market value;
- An offer equals repaired retail value;
- No other buyer would pay more;
- The seller could not obtain a higher net amount through a different sales method; or
- A particular valuation formula will be used.
The executed purchase agreement controls.
38. No Agent Fees and Fee-Free Statements
The Website advertises avoiding traditional agent fees and describes its process as fee-free.
Where a seller enters a genuine direct transaction without a listing broker, a conventional listing-agent commission may not apply.
However:
- Closing costs;
- Taxes;
- liens;
- title expenses;
- prorations;
- contractual charges; or
- other transaction costs
may still exist.
The purchase agreement and final settlement statement control.
39. Texas Real Estate Brokerage Law
Texas generally treats a person as engaged in real estate brokerage when, with an expectation of valuable consideration, the person directly or indirectly performs regulated real estate services for another person.
A genuine principal investor participating in an acquisition for its own account may be situated differently from a person performing brokerage services for another.
Nothing in these Terms authorizes unlicensed brokerage.
40. Principal Investment Activity
Texas law provides that a person is not engaged in real estate brokerage solely because the person:
- Participates as a principal, partner, or financial manager in a real estate investment; or
- Performs other activity specifically excluded by statute.
The actual conduct controls.
Calling a person an:
- Investor;
- Cash buyer;
- Acquisition specialist;
- Wholesaler; or
- Consultant
does not determine whether regulated brokerage activity is occurring.
41. Texas Equitable-Interest Rule
Texas specifically permits a person to:
- Acquire an option to purchase real estate; or
- Acquire an interest in a contract to purchase real estate
and later sell the option or assign the purchase-contract interest without holding a real estate license if statutory conditions are satisfied.
Among other things, the person must:
- Not use the option or contract to engage in real estate brokerage; and
- Disclose in writing the nature of the equitable interest to the seller and any potential buyer.
42. Property Code Equitable-Interest Disclosure
Texas Property Code section 5.0205 separately requires a person, before entering into a contract to sell an option or assign an interest in a purchase contract, to disclose in writing:
To the Potential Buyer or Assignee
That the person is:
- Selling only an option; or
- Assigning only an interest in a purchase contract,
and does not hold legal title to the underlying real property.
To the Property Owner
That the person intends to:
- Sell the option; or
- Assign an interest in the purchase contract.
43. Equitable Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding legal title.
A contract holder should not falsely represent that:
- It is the deed owner;
- It owns legal title;
- Title has already transferred;
- It is selling the underlying property itself where only contractual rights are being assigned; or
- It possesses rights beyond those granted by the agreement.
44. Marketing Contractual Rights
Where a contracting buyer intends to sell or assign contractual rights, marketing should accurately identify what is being offered.
It should not create a false impression that the contract holder already owns record title if that is not true.
45. New Texas Fraud Risks Concerning False Ownership
Texas criminal law now separately prohibits specified knowing advertising, sale, rental, or leasing of residential real property where the person knows the purported seller or lessor lacks legal title or authority.
That statute should not be confused with a lawful, accurately disclosed assignment of a genuine contract interest.
The safest operational practice is to:
- Verify authority;
- Clearly identify the interest being marketed;
- Avoid claiming legal title where none exists; and
- Use the written equitable-interest disclosures required by Texas law.
46. No Automatic License Exemption for Brokerage Conduct
A purchase contract or option cannot be used as a pretext to perform otherwise regulated brokerage services for another person.
If conduct crosses into brokerage, applicable licensing requirements can apply despite use of an assignment structure.
47. Assignment Depends on the Contract
Whether a purchase agreement may be assigned depends on:
- Contract language;
- Anti-assignment provisions;
- Required consent;
- Texas contract law;
- Texas equitable-interest statutes;
- Real estate licensing law;
- Foreclosure-related rules; and
- Other applicable requirements.
Nothing on the Website guarantees assignability.
48. No Special Texas Wholesaler Cooling-Off Period
Texas requires written equitable-interest disclosures but does not create a general wholesaler-specific three-, five-, fourteen-, or twenty-one-day seller cooling-off period for every ordinary assignment transaction.
These Terms therefore do not invent one.
Other contractual and statutory termination rights may separately apply.
49. 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 rapid sale.
We are not your:
- Mortgage lender;
- Mortgage servicer;
- Attorney;
- Financial adviser;
- Housing counselor;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Credit-services organization;
- Debt-management provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
50. Texas Foreclosure Consulting Law
Texas Business & Commerce Code Chapter 21 regulates specified residential foreclosure consulting services.
A covered “residence in foreclosure” generally involves residential real property:
- Containing not more than four single-family dwelling units;
- At least one of which is occupied by the owner as a principal residence; and
- Against which a qualifying foreclosure action has commenced.
51. When Foreclosure Has Commenced
For purposes of the Texas foreclosure-consulting statute, foreclosure generally has commenced when:
- A notice of sale has been filed under Texas Property Code section 51.002; or
- A judicial foreclosure action has been commenced.
52. Covered Foreclosure-Consulting Services
A person can become a foreclosure consultant where, for compensation, the person represents that services will help a homeowner accomplish specified foreclosure-related goals such as:
- Stopping or postponing foreclosure;
- Obtaining forbearance;
- Obtaining reinstatement;
- Obtaining an extension of time;
- Obtaining financing;
- Preventing loss of the residence;
- Reducing foreclosure-related harm; or
- Obtaining excess foreclosure-sale proceeds.
A direct purchaser should not portray itself as the seller’s professional foreclosure consultant unless the relationship separately complies with applicable law.
53. Written Foreclosure-Consulting Contract
A covered foreclosure-consulting services contract generally must:
- Be in writing;
- Be dated;
- Be signed by the homeowner; and
- Be signed by the foreclosure consultant.
Additional statutory disclosures and contract content apply.
54. Required Texas Foreclosure Notice
Before entering a covered consulting agreement, the foreclosure consultant must provide the homeowner with the statutory written notice in the legally required format.
That notice includes important warnings concerning:
- Transfer of interests in the home;
- The inability to guarantee refinancing or retention of the home;
- The homeowner’s right to contact the lender or mortgage servicer;
- Government and nonprofit housing resources; and
- Cancellation rights.
55. Texas Foreclosure-Consulting Cancellation Right
Texas’s foreclosure-consulting statute does not use a simple three-day cancellation rule.
The statutory cancellation notice states that the homeowner may at any time cancel or rescind the foreclosure-consulting contract without penalty.
Where cancellation occurs, the statute can require repayment of qualifying money the consultant already spent on the homeowner’s behalf under the agreement within the statutory period and with the interest specified by law.
56. Foreclosure-Consultant Fees
A covered Texas foreclosure consultant generally may not charge or receive compensation until the consultant has fully performed every promised service unless the consultant satisfies the statute’s specified surety-bond or surety-account requirements.
Third-party consideration connected with the consulting services also must be disclosed as required by law.
57. Property Interests to Secure Consulting Fees
A covered foreclosure consultant may not acquire, directly or indirectly, an interest in the homeowner’s real or personal property for purposes of securing payment of the consultant’s compensation.
The consultant also may not take an assignment of wages to secure compensation.
58. Direct Purchase Must Remain Distinct From Foreclosure Consulting
A bona fide principal purchase should remain clearly separate from a paid foreclosure-consulting relationship.
Transaction staff should not blur the roles by:
- Charging the homeowner for loan-modification services;
- Claiming to represent the mortgage lender or servicer;
- Promising to save the home;
- Charging to obtain forbearance;
- Negotiating mortgage debt as a paid consulting service; or
- Suggesting that the buyer is acting as the homeowner’s fiduciary foreclosure adviser.
59. Requesting a Cash Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving a possible offer, or negotiating a purchase does not automatically:
- Stop a foreclosure;
- Postpone a trustee sale;
- Cancel a foreclosure notice;
- 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 all applicable deadlines.
60. Federal Mortgage-Assistance Rules
Where separate conduct constitutes mortgage-assistance-relief services under federal law, additional federal requirements may regulate:
- Advance fees;
- Advertising representations;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
61. 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 Texas, Houston, 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.
62. Home-Solicitation Rules
Certain transactions negotiated and executed following solicitation at a consumer’s home or another place away from the merchant’s business premises can be subject to Texas home-solicitation rules, including specified notice and cancellation rights.
Whether those rules apply to a particular real estate transaction depends on the facts and statutory exceptions.
If a transaction is covered, we will not attempt to waive non-waivable cancellation rights.
63. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish legal authority to sell.
A transaction may require:
- Executor authority;
- Administrator authority;
- Personal-representative authority;
- Trustee authority;
- Court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
Certain fiduciary transactions may be exempt from the ordinary section 5.008 Seller’s Disclosure Notice, but the exemption depends on the actual facts.
64. 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.
65. Insurance Payout Information
The Website specifically asks whether the homeowner has received an insurance payout.
That information may be relevant to:
- Property condition;
- Repairs;
- Open insurance obligations;
- Potential supplemental claims;
- Mortgage-holder interests; and
- Transaction structure.
Providing insurance-payout information does not mean that:
- We automatically acquire the proceeds;
- Insurance rights automatically transfer with the property;
- A pending claim automatically belongs to the purchaser; or
- Purchase price is dictated by the insurance payment.
66. Pending Insurance Claims
If property is sold while an insurance claim remains pending, transaction documents should address the parties’ rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related insurance benefits.
67. Insurance Rights Do Not Automatically Transfer
The sale of fire-damaged property does not automatically transfer:
- The seller’s insurance policy;
- A pending claim;
- Insurance proceeds;
- Recoverable depreciation; or
- Other insurance rights.
Those issues depend on:
- Policy language;
- Applicable insurance law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- Transaction documents.
68. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should work with an appropriately licensed public adjuster, attorney, or other authorized insurance professional where required.
69. Tenant-Occupied Property
A sale does not automatically terminate every lawful tenancy.
A purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Habitability issues;
- Fire displacement;
- Required notices;
- Possession rights; and
- Applicable Texas landlord-tenant law.
A property appearing vacant following a fire does not necessarily prove that every tenant right has ended.
70. Common-Interest Communities and HOAs
If property is located within a condominium, homeowners association, or other common-interest community, separate requirements may concern:
- Resale certificates;
- Governing documents;
- Assessments;
- Restrictions;
- Insurance;
- Pending violations; and
- Other association information.
These requirements are separate from the Seller’s Disclosure Notice.
71. 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 disclosure requirements.
72. Other Texas Property Notices
Depending on the property and transaction, Texas law may require additional notices concerning matters such as:
- Public improvement districts;
- Municipal utility districts or other special districts;
- Property subject to recorded liens;
- Water-level fluctuations;
- Annexation or extraterritorial jurisdiction;
- Propane systems;
- Groundwater or surface-water rights;
- Coastal property;
- Executory contracts; or
- Other property-specific circumstances.
The applicable closing professional should determine the notices required for the actual parcel.
73. 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.
74. Texas Recording Law
Texas generally permits a private person to record a wire, oral, or electronic communication when:
- The recorder is a party to the communication; or
- One party has given prior consent,
unless recording is undertaken for an unlawful purpose.
We or providers acting on our behalf may record communications for legitimate business purposes.
Because interstate communications may involve a jurisdiction requiring all parties’ consent, additional notice or consent may be required.
Where another applicable law is stricter, the stricter requirement controls.
75. 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 by law.
Message and data rates may apply. Message frequency may vary.
Reply STOP to request that applicable messages stop.
76. 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.
77. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This consent does not eliminate documents that applicable law requires to be delivered in a particular manner.
78. Privacy
Our handling of personal information is described in our Privacy Policy.
79. Independent Decision-Making
Selling fire-damaged real estate can have substantial:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Floodplain;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A Texas attorney;
- A licensed Texas real estate professional;
- A tax professional;
- An accountant;
- An insurance professional;
- A qualified contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
80. 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;
- Floodplain advice; or
- Foreclosure advice.
81. 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 Texas licensed real estate professional participates, applicable representation, brokerage, and professional documentation controls.
82. 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;
- Falsely claim property ownership;
- Attempt unauthorized system access;
- Introduce malicious code;
- Circumvent Website security;
- Abuse Website forms;
- Interfere with Website operation; or
- Violate another person’s rights.
83. 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 Houston.
You may not commercially reproduce protected Website content without authorization.
84. 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.
85. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
86. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Fair-market-value pricing;
- A particular purchase price;
- A 24-hour offer;
- A 10-day closing;
- Successful assignment;
- Insurance recovery;
- Vacant possession;
- Resolution of permits or code violations;
- Completion of a transaction; or
- A particular financial result.
87. Marketing Claims
Website statements describing our offers or process as:
- Fair;
- Competitive;
- Fast;
- Transparent;
- Stress-free;
- Fee-free;
- No-pressure;
- Expert; or
- Similar language
describe intended service characteristics and do not guarantee a particular economic result.
The executed transaction documents control.
88. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same transaction timing;
- The same transaction structure; or
- The same outcome.
89. 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.
90. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE HOUSTON 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;
- Equitable-interest 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.
91. 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.
92. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Houston 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.
93. Governing Law
These Terms are governed by the laws of the State of Texas, except where another law must apply.
94. Venue and Disputes
Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, privacy, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in Texas.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
95. Non-Waivable Texas Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Texas Property Code;
- Texas Real Estate License Act;
- Texas equitable-interest disclosure law;
- Texas Deceptive Trade Practices Act;
- Texas Data Privacy and Security Act;
- Texas foreclosure-consulting law;
- Texas communications-interception law;
- Texas security-breach law;
- City of Houston construction or floodplain requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
96. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller’s Disclosure Notices;
- Equitable-interest disclosures;
- Foreclosure-consulting agreements;
- 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.
97. 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.
98. 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.
99. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
100. Assignment
You may not assign these Website Terms without our written consent.
We may assign these Terms in connection with a merger, acquisition, financing, restructuring, affiliate reorganization, or sale of assets, subject to applicable law.
This provision does not determine whether a real estate purchase agreement may be assigned.
Assignment of a purchase agreement is governed by:
- The agreement itself;
- Texas contract law;
- Texas Property Code section 5.0205;
- Texas Occupations Code section 1101.0045;
- Texas real estate licensing law;
- Foreclosure-related requirements; and
- Other applicable law.
101. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
102. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Houston
Houston, Texas
United States
Website: ibuyhouseswithfiredamagehouston.com