Terms of Service for BuyingAmericasHomes.com

Effective Date: February 27, 2025
Last Updated: February 27, 2025

Please read these Terms of Service (the “Terms”) carefully. These Terms constitute a binding legal agreement between BuyingAmericasHomes.com (“we,” “us,” or “our”) and you, the individual or entity (“you” or “your”) accessing or using our website at https://buyingamericashomes.com/ (the “Website”) and related services (collectively, the “Services”). Our Services allow individuals or entities (“Sellers”) to submit information about properties they wish to sell, which we may evaluate and potentially purchase directly.

By accessing or using the Services in any way—such as visiting the Website, submitting property information, or contacting us—you agree that: (1) you have read, understand, and accept these Terms; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into these Terms personally or on behalf of any entity you represent. If you do not agree to these Terms, you must not use the Services.

PLEASE NOTE: Section 16 (Dispute Resolution) contains an arbitration agreement and class action waiver that, with limited exceptions, requires disputes to be resolved through binding arbitration on an individual basis, waiving your right to a jury trial or class action lawsuit unless you opt out.

1. Our Services

1.1 Purpose

The Services enable Sellers to submit details about residential properties (“Properties”) they own and wish to sell. We review these submissions and may offer to purchase Properties directly from Sellers. Any resulting purchase agreement (“Transaction Agreement”) is between you (the Seller) and us (the Buyer). We are not a real estate brokerage or marketplace connecting third-party buyers and sellers.

1.2 Property Submissions

When you submit information about a Property (a “Submission”), you represent and warrant that:

You own the Property or have the legal authority to sell it;

All information provided (e.g., address, condition, photos) is true, accurate, and complete;

Any photos are of the Property and have not been materially altered to mislead (or, if altered, such edits are disclosed, e.g., “Virtually Staged”);

You will promptly update or remove the Submission if any information becomes inaccurate.

We reserve the right to request proof of ownership (e.g., title documents) and may reject or remove any Submission at our discretion if we suspect inaccuracies or for any other reason.

1.3 Seller Obligations

You agree to comply with all applicable laws and regulations when using the Services, including those related to real estate transactions and disclosures. You indemnify us against any claims arising from your breach of these obligations or misrepresentations in your Submission.

1.4 Our Role

We are not obligated to purchase any Property. Offers are made at our sole discretion, and any Transaction Agreement is a separate contract between you and us. We do not guarantee the outcome of any Submission or transaction.

1.5 Restrictions

You may not:

Use the Services to solicit or advertise unrelated services;

Collect or misuse contact information of other users;

Submit false or misleading information;

Use automated tools (e.g., bots, scrapers) to extract data from the Website without our consent.

1.6 Disclaimers

We make no guarantees about the suitability, timeliness, or outcome of the Services. Property valuations and offers are based on information you provide and market conditions, and we are not liable for discrepancies or changes in value.

1.7 Communications

By using the Services, you consent to receive communications from us via email, phone, or text messages at the contact information you provide. To opt out of marketing communications, follow the instructions in those messages (e.g., reply “STOP” to texts).

2. Registration

2.1 Account Creation

You may need to create an account (“Account”) to access certain features. You must be at least 18 years old and provide accurate registration data. You are responsible for maintaining the confidentiality of your Account and notifying us immediately of any unauthorized use at contact@buyingamericashomes.com.

2.2 Account Termination

We may suspend or terminate your Account if you provide false information, violate these Terms, or for any other reason at our discretion.

3. Content Responsibility

3.1 Your Content

You are solely responsible for any content you submit (“User Content”), such as property details or photos. We may, but are not required to, review or remove User Content that violates these Terms or is otherwise objectionable.

3.2 License to Your Content

By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, and display it in connection with operating and promoting the Services.

3.3 Storage

We are not obligated to store your User Content and may delete it at our discretion, especially upon Account termination.

4. Ownership

4.1 Our Property

We and our suppliers own all rights to the Services, including the Website, code, designs, and trademarks. You may not reproduce or exploit these without our permission.

4.2 Feedback

Any suggestions or feedback you provide about the Services may be used by us without obligation to you, and you grant us a perpetual license to do so.

5. User Conduct

You agree not to:

Submit content that is illegal, misleading, or infringing on others’ rights;

Interfere with the Services’ functionality (e.g., via hacking or spamming);

Use the Services for any unlawful purpose.

6. Fees and Payments

6.1 No Fees for Sellers

Submitting a Property is free. We do not charge Sellers fees for using the Services.

6.2 Transaction Costs

Any costs related to a Transaction Agreement (e.g., closing costs) will be addressed in that separate agreement, not these Terms.

7. Indemnification

You agree to indemnify and hold us, our affiliates, and agents harmless from any claims, losses, or expenses (including legal fees) arising from: (a) your User Content; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any laws or third-party rights.

8. Disclaimer of Warranties

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability or fitness for a particular purpose. We do not guarantee that the Services will be uninterrupted, secure, or error-free, or that any offer will meet your expectations.

9. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, or consequential damages (e.g., lost profits) arising from your use of the Services. Our total liability to you will not exceed the greater of: (a) $100; or (b) any amount required by applicable law. This does not limit liability for death or injury caused by our negligence or fraud.

10. Termination

10.1 By Us

We may terminate your access to the Services at any time, with or without cause, with notice to you via email.

10.2 By You

You may terminate by ceasing use of the Services and notifying us at contact@buyingamericashomes.com.

10.3 Effect

Upon termination, your right to use the Services ends, and we may delete your User Content.

11. Changes to These Terms

We may update these Terms at our discretion. Changes will be posted on this page with an updated “Last Updated” date. If you continue using the Services after changes are posted, you accept the updated Terms. Material changes will be emailed to registered users at least 30 days before taking effect.

12. Third-Party Services

The Website may link to third-party sites or services (e.g., maps). We are not responsible for their content or practices, and your use of them is at your own risk.

13. Governing Law

These Terms are governed by the laws of [Your State, e.g., California], without regard to conflict of law principles. The Federal Arbitration Act applies to the arbitration provisions below.

14. Dispute Resolution

14.1 Arbitration Agreement

All disputes arising from these Terms or your use of the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except for small claims or intellectual property disputes, which may be pursued in court. Arbitration will occur in your county of residence unless otherwise agreed.

14.2 Informal Resolution

Before arbitration, we’ll attempt to resolve disputes informally via a telephonic or video conference within 45 days of notice. Send notice to contact@buyingamericashomes.com.

14.3 Class Action Waiver

Disputes must be brought individually, not as part of a class or collective action.

14.4 Opt-Out

You may opt out of arbitration by emailing contact@buyingamericashomes.com within 30 days of first accepting these Terms, stating your intent to opt out.

14.5 Venue

If arbitration is bypassed (e.g., via opt-out), disputes will be litigated exclusively in state or federal courts in [Your County/State, e.g., Los Angeles County, California].

15. General Provisions

Electronic Communications: You consent to electronic notices, which satisfy legal requirements as if in writing.

Assignment: You may not assign these Terms without our consent.

Force Majeure: We are not liable for delays due to events beyond our control (e.g., natural disasters).

Entire Agreement: These Terms are the complete agreement between us regarding the Services.

Contact Us

For questions or complaints, email us at: contact@buyingamericashomes.com
5900 Balcones Dr Suit 100
Austin, TX 78731