Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagedenver.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Denver (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting a cash offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property in or approaching foreclosure;
- Property subject to liens or judgments;
- 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 Colorado real estate professionals where legally required; or
- Decline the opportunity.
Nothing displayed on the Website constitutes a binding offer to purchase real estate.
2. Current Website Service Model
The current Website describes a direct cash-purchase process.
It advertises:
- A no-pressure as-is cash offer in approximately 24 hours;
- Potential closing in approximately 10 days;
- No required seller repairs;
- No traditional agent fees;
- Direct cash transactions;
- Property evaluation based on damage and local market conditions; and
- Coordination of cleanup and paperwork after an offer is accepted.
These descriptions concern possible transaction structures.
They are not guarantees.
3. Our Role
Depending on the transaction, we may act as:
- A prospective principal purchaser;
- A real estate investor;
- A property-acquisition business;
- A contract purchaser;
- A holder of contractual or equitable rights;
- An affiliate or co-investor with another purchaser; or
- Another lawful transaction participant.
Our actual role depends on the transaction documents and conduct.
Unless separately and lawfully established, we do not act as your:
- Real estate broker;
- Seller’s agent;
- Attorney;
- Accountant;
- Tax adviser;
- Financial adviser;
- Insurance adviser;
- Public adjuster;
- Contractor;
- Engineer;
- Appraiser;
- Fiduciary;
- Housing counselor;
- Mortgage broker;
- Mortgage lender;
- Mortgage servicer;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
4. 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 repair expenses, cleanup, holding costs, transaction expenses, risk, resale expenses, 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 a seller’s broker, fiduciary, attorney, appraiser, or financial adviser.
5. No Obligation to Sell
Submitting 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 cancellation, rescission, or termination rights.
6. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a previous offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
7. Eligibility and Authority
By using the Website or submitting 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 other owner.
8. Agents, Wholesalers, and Representatives
If an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, executor, administrator, or other representative submits property information, that person is responsible for having lawful authority to do so.
Nothing on the Website authorizes:
- Unlicensed real estate brokerage;
- Unauthorized solicitation;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of another person’s information; or
- Violation of an existing purchase agreement.
9. 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;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs;
- Building permits;
- Trade permits;
- Fire-related permits;
- Code-enforcement records;
- Insurance claims;
- Occupancy;
- Tenant status;
- Probate;
- Comparable sales; and
- Other matters relevant to evaluating a potential transaction.
10. Property Assessments
Our acquisition evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review;
- Occupancy 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.
It is not a warranty regarding property condition.
11. 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.
12. Offer Methodology
Potential offers may consider:
- Existing property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup costs;
- Permit expenses;
- Holding expenses;
- Taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk;
- Resale costs; and
- Expected investment return.
No particular valuation formula, purchase price, or financial result is guaranteed.
13. “True Market Value,” Fair, and Competitive Offer Claims
The Website states that offers may reflect the “true market value” of a damaged property and describes offers as fair or competitive.
Those statements should not be interpreted as guarantees that:
- The offer equals appraised fair market value;
- The offer equals repaired retail value;
- The offer will exceed competing offers;
- No other purchaser would pay more;
- Selling directly will always produce the seller’s highest net proceeds; or
- A particular valuation formula will be used.
The signed transaction agreement controls the actual price and terms.
14. 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;
- Property taxes;
- Seller disclosures;
- Radon disclosures;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Buyer funding;
- Denver permits or governmental orders;
- Closing-provider requirements; and
- Other legal or contractual conditions.
15. Colorado Does Not Use One Universal Statutory Seller Questionnaire for Every Private Sale
Colorado does not impose one single statutory Seller’s Property Disclosure questionnaire that every private owner must complete in every residential sale regardless of the governing contract.
Colorado nevertheless imposes important seller obligations through:
- Common law;
- Fraud and concealment principles;
- Contract terms;
- Commission-approved transaction forms when used;
- Specific statutory disclosures;
- Duties applicable to participating licensed brokers; and
- Other state, federal, and local laws.
A seller should therefore not interpret the absence of one universal statutory questionnaire as permission to conceal known material defects.
16. Colorado Seller’s Property Disclosure Form
The Colorado Real Estate Commission publishes a Seller’s Property Disclosure (Residential) form.
Where the purchase contract requires the seller to complete that form, it should be completed based on the seller’s current actual knowledge.
The form expressly warns that failure to disclose a known adverse material fact affecting the property or occupants can result in legal liability.
17. Fire Damage Is Expressly Included in the Colorado Form
The Commission-approved residential Seller’s Property Disclosure specifically asks whether the seller knows of problems involving:
Damage due to hail, wind, fire, flood, or other casualty.
It also addresses conditions involving:
- Structure;
- Moisture or water;
- Roof;
- Foundation;
- Electrical systems;
- Plumbing;
- Heating;
- Appliances and systems;
- Environmental conditions;
- Permits;
- Repairs; and
- Other matters that can be affected by a fire.
18. Current Actual Knowledge
The Commission-approved disclosure is based on the seller’s current actual knowledge.
It does not require the seller to guarantee unknown conditions.
However, a seller should not:
- Knowingly provide a false answer;
- Conceal a known latent defect;
- Misrepresent repair history; or
- Make a statement that creates a materially false impression.
19. Independent Common-Law Duty to Disclose Known Latent Defects
Colorado courts recognize an independent duty of a residential home seller to disclose known material latent defects.
A latent defect generally is one that is hidden or not readily discoverable through reasonable inspection.
Known latent fire-related conditions may include, depending on the circumstances:
- Structural weakening;
- Hidden electrical damage;
- Concealed smoke damage;
- Firefighting-water damage;
- Hidden mold;
- Improperly repaired framing;
- Unpermitted repairs;
- Concealed roof damage;
- Environmental contamination; or
- Other material physical conditions.
20. As-Is Language Does Not Protect Fraudulent Concealment
An as-is clause can allocate substantial risk concerning property condition.
However, Colorado law does not permit a seller with actual knowledge of a material latent defect simply to conceal the defect and rely on as-is language as protection.
“As-is” therefore should not be interpreted as authorization for fraud, concealment, or intentional misrepresentation.
21. Broker Disclosure of Adverse Material Facts
Colorado real estate brokers have independent duties to disclose known adverse material facts to the parties as required by applicable brokerage law.
Adverse material facts can include matters materially affecting:
- Physical condition;
- Structural integrity;
- Occupant health;
- Environmental conditions;
- Title;
- Occupancy; or
- Other significant transaction issues.
A serious known fire-created defect can constitute an adverse material fact.
22. No Automatic Broker Inspection Duty
A Colorado broker’s disclosure duties are based on matters actually known to the broker.
The duty to disclose known adverse material facts does not mean a broker is automatically required to conduct an independent technical inspection of the property solely to discover unknown defects.
23. Later-Discovered Adverse Material Facts
Colorado’s Commission-approved contracts generally require a seller to timely disclose newly discovered adverse material facts during the transaction.
Where the applicable contract grants the buyer termination rights following a new disclosure, those contract rights control.
Fire-damaged property should therefore be monitored for material developments before closing.
24. No Universal Fire-Documentation Package
Colorado does not impose one universal rule requiring every fire-damaged residential seller automatically to provide every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Remediation record; or
- Inspection report
to every buyer.
Particular documents may nevertheless be:
- Necessary to disclose or explain a known defect;
- Required by contract;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by Denver;
- Required by a title or closing professional; or
- Required under another law.
25. Colorado Radon Disclosure
Colorado separately regulates radon disclosure in residential sales.
Each contract for sale of residential real property generally must contain the statutory radon warning.
The seller also must provide known information concerning the property’s radon concentrations and history, including applicable:
- Testing;
- Test results;
- Reports; and
- Mitigation information.
Applicable Colorado radon materials and the current transaction forms should be used.
26. Radon and Fire Damage Are Separate Issues
A property may simultaneously have:
- Fire damage;
- Elevated radon;
- Both; or
- Neither.
A cash sale or fire-damage transaction does not eliminate Colorado’s separate radon requirements.
27. As-Is Transactions
The Website advertises purchase in the property’s current or “as-is” condition.
“As-is” may mean that the purchaser does not require the seller to make repairs before closing.
It does not automatically eliminate:
- The duty to disclose known latent material defects;
- Contractual disclosure obligations;
- Radon requirements;
- Broker adverse-material-fact duties;
- Fraud or misrepresentation claims;
- Federal disclosure requirements;
- Foreclosure protections;
- Title obligations;
- Governmental orders; or
- Other non-waivable duties.
28. No Universal Requirement to Repair Before Sale
Colorado does not impose one statewide rule requiring every fire-damaged residence to be completely repaired before it can be transferred.
A damaged property may potentially be sold in its present condition.
Separate:
- Building codes;
- Fire codes;
- Unsafe-building orders;
- Repair permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Occupancy restrictions;
- Environmental requirements;
- Insurance requirements;
- Utility restrictions;
- Denver ordinances; and
- Contract terms
may nevertheless affect the property.
29. Denver Building and Fire Codes
The City and County of Denver adopted its 2025 Denver Building and Fire Code, effective December 31, 2025.
Denver Community Planning and Development reviews, permits, and inspects building work to verify compliance with:
- Denver Building and Fire Code;
- Denver Zoning Code; and
- Related regulations.
Most covered construction, alteration, and repair work on private property requires appropriate permitting.
30. Fire-Damage Repair Permits
Fire-damage restoration may require permits involving:
- Structural framing;
- Roofing;
- Electrical systems;
- Plumbing;
- Mechanical systems;
- Fire-protection systems;
- Interior reconstruction;
- Exterior reconstruction;
- Demolition;
- Occupancy restoration; and
- Other work.
The exact permit depends on the property’s condition and the scope of work.
31. Denver Quick Permits
Denver provides quick permits for certain limited trade-specific work.
However, most projects cannot be completed solely through a quick permit, and structural work generally does not qualify as quick-permit work.
Substantial fire-damage reconstruction therefore may require formal plan review.
32. Unsafe Buildings and Government Orders
A fire-damaged property may be subject to:
- Unsafe-building findings;
- Restricted access;
- Vacate orders;
- Repair orders;
- Utility restrictions;
- Permit requirements;
- Demolition requirements;
- Code violations; or
- Other governmental actions.
A sale does not automatically cancel an order or legalize unpermitted work.
33. Cleanup and Debris Removal
The Website states that the business may coordinate or handle cleanup and final details.
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated service
must comply with applicable licensing, environmental, disposal, worker-safety, permit, and other requirements.
Nothing in these Terms represents that we personally perform regulated contractor work unless lawfully authorized.
34. Inspections and Due Diligence
The Website advertises a process that can avoid traditional inspection contingencies or seller-funded repairs.
That does not prevent us from conducting due diligence permitted by the transaction documents.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Radon review;
- Title review;
- Insurance review; and
- Other investigation.
35. 24-Hour Offer Marketing
The Website states that it may provide a no-pressure cash offer within approximately 24 hours.
That statement describes intended or possible service timing.
It is not a guarantee that:
- Every property will receive an offer;
- Every offer will be made within 24 hours;
- Due diligence will be completed within 24 hours; or
- The initial offer will remain unchanged after investigation.
36. 10-Day Closing Marketing
The Website states that it may close in approximately 10 days.
That is possible in some cash transactions but is not guaranteed.
Actual closing timing can depend on:
- Title;
- Ownership;
- Mortgages;
- Liens;
- Judgments;
- Seller disclosures;
- Radon disclosures;
- Foreclosure status;
- Probate;
- Insurance;
- Property access;
- Municipal orders;
- Buyer funding;
- Closing-provider requirements; and
- Other circumstances.
37. No Repairs or Inspection Requirements
The Website states that a seller may avoid repairs and traditional inspection requirements.
Those marketing statements concern the buyer’s intended acquisition structure.
They do not:
- Eliminate legally required disclosures;
- Prohibit buyer due diligence;
- Waive fraud claims;
- Override governmental requirements;
- Automatically waive contractual inspection rights; or
- Prevent the final transaction documents from imposing specific conditions.
38. No Agent Fees and Seller Costs
Where the seller completes a genuine direct sale without a listing broker, a conventional listing-agent commission may not apply.
Where we agree to pay particular closing costs or charge no seller fee, the signed purchase agreement and closing statement control.
If a licensed Colorado broker participates, compensation obligations will be governed by applicable:
- Brokerage agreements;
- Written disclosures;
- Purchase agreements;
- Closing documents; and
- Colorado law.
39. Colorado Real Estate Licensing
Colorado generally requires a real estate broker license when a person performs covered brokerage activity for another.
Regulated activities can include specified conduct involving:
- Selling;
- Buying;
- Negotiating;
- Listing;
- Advertising;
- Leasing;
- Exchanging;
- Procuring transactions; and
- Other brokerage services.
The actual conduct and relationship control.
40. Principal Purchaser Exclusion
Colorado’s current broker definition excludes qualifying persons or entities acting personally or on their own behalf as a principal in acquiring or negotiating to acquire an interest in real estate.
A genuine cash buyer purchasing property for its own account is therefore differently situated from a person representing someone else in a transaction.
41. Colorado Wholesaling
As of October 7, 2026, Colorado has not enacted a separate comprehensive residential real-estate wholesaler licensing, registration, mandatory wholesaler disclosure, or special wholesaler cancellation statute comparable to laws adopted in certain other states.
That does not mean every activity described as “wholesaling” is automatically lawful without a real estate license.
Existing brokerage, contract, advertising, fraud, consumer-protection, and foreclosure laws remain applicable.
42. Contract Holder Versus Broker
A contract purchaser acting for its own account can be situated differently from a person performing brokerage services for others.
Relevant considerations can include:
- Whether the person actually entered into an enforceable purchase contract;
- Whether the person is genuinely acting as a principal;
- Whether the purchase contract permits assignment;
- Whether the person markets only contractual rights or instead markets another person’s real property;
- Whether the person falsely claims to own legal title;
- Whether negotiations occur for another person;
- Whether sellers or buyers are brought together for compensation; and
- Whether other brokerage services are being performed for another.
43. Colorado Division of Real Estate Wholesaling Advisory
Colorado’s Division of Real Estate has specifically warned consumers about wholesaling and assignment transactions in which investors fail to explain:
- That contractual rights may be marketed;
- That the investor may seek an assignment profit; or
- That the contract may later be assigned.
Transparency concerning the buyer’s actual role, contractual rights, and intended transaction structure is therefore important even though Colorado has no stand-alone wholesaler statute.
44. Contractual or Equitable Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding record legal title.
A contract holder should not falsely state that:
- It owns the property;
- It is the deed owner;
- Title has already transferred;
- It is conveying legal title when only contractual rights are being assigned; or
- It possesses rights beyond those granted by the contract.
45. Assignment Depends on the Contract
Whether a Colorado purchase agreement may be assigned depends on:
- The agreement’s language;
- Anti-assignment provisions;
- Required consent;
- Colorado contract law;
- Brokerage law;
- Foreclosure law; and
- Other applicable requirements.
Nothing on the Website guarantees that a particular purchase contract may be assigned.
46. Licensed Brokers Acting on Their Own Account
Where a Colorado licensed broker purchases or sells real property on the broker’s own account, current Colorado Real Estate Commission rules require appropriate written disclosure of the broker’s licensed status.
Licensed personnel involved in acquisition activities should therefore follow applicable Commission requirements.
47. 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;
- Debt-settlement provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
48. Colorado Foreclosure Protection Act
Colorado maintains a detailed Colorado Foreclosure Protection Act governing specified transactions involving homeowners and residences in foreclosure.
The Act separately regulates:
- Foreclosure consultants; and
- Equity purchasers.
A transaction involving a homeowner in foreclosure therefore should not be treated as an ordinary distressed-property purchase without first determining whether the statute applies.
49. Residence in Foreclosure
For purposes of the Colorado Foreclosure Protection Act, a covered residence generally includes a principal residence encumbered by a qualifying residential mortgage loan that is sufficiently delinquent or in default as provided by statute.
The actual statutory definitions and exclusions should be reviewed for the transaction.
50. Foreclosure Consultants
A foreclosure consultant can include a person who, for compensation, offers services represented as helping a homeowner obtain outcomes such as:
- Stopping or postponing foreclosure;
- Obtaining forbearance;
- Obtaining reinstatement;
- Obtaining waiver of acceleration;
- Obtaining funds;
- Saving the home; or
- Providing other covered foreclosure-related assistance.
A direct purchaser should not market itself as the homeowner’s paid foreclosure consultant unless that separate relationship fully complies with Colorado law.
51. Foreclosure Consultant Contract
A covered foreclosure consulting contract is subject to detailed requirements concerning:
- Written form;
- Mandatory disclosures;
- Cancellation notices;
- Compensation;
- Language;
- Consumer rights; and
- Other statutory terms.
Website language does not replace those required documents.
52. Homeowner Can Cancel Foreclosure Consulting Contract at Any Time
Colorado provides unusually strong cancellation rights for covered foreclosure consulting.
A homeowner generally has the right to cancel a foreclosure consulting contract at any time.
The right cannot be improperly conditioned on repayment of amounts advanced.
53. No Advance Compensation for Covered Foreclosure Consulting
A covered foreclosure consultant generally may not claim, demand, charge, collect, or receive compensation until the consultant has fully performed every service it contracted or represented that it would perform.
54. Foreclosure Consultant Cannot Acquire the Home
A covered foreclosure consultant generally may not directly, indirectly, or through an associate acquire an interest in the real or personal property of the homeowner with whom the consultant contracted.
A business attempting to purchase the residence should therefore keep the principal-purchaser role separate from compensated foreclosure consulting.
55. Colorado Equity Purchasers
A person who acquires title to a covered residence in foreclosure for investment or another non-personal-residence purpose may qualify as an equity purchaser under Colorado’s Foreclosure Protection Act.
Covered equity-purchase transactions have mandatory contract and cancellation requirements.
56. Written Equity-Purchase Contract
A covered equity-purchase contract generally must:
- Be written;
- Use at least the statutory minimum type size;
- Be fully completed;
- Be signed and dated by both parties;
- Contain the entire agreement;
- Identify the purchaser;
- Identify the property;
- State the total consideration;
- Describe assumed obligations;
- State possession timing;
- Describe rental or repurchase terms where applicable; and
- Contain required statutory cancellation notices.
57. Three-Business-Day Equity-Seller Cancellation Right
A covered homeowner generally has the right to cancel a contract with an equity purchaser until the earlier of:
- 12 midnight of the third business day following the day the homeowner signs a compliant contract; or
- 12 noon on the day before the foreclosure sale.
Nothing in these Website Terms limits that statutory right.
58. No Deed or Payment During the Cancellation Period
Until the statutory equity-purchase cancellation period has fully expired, a covered equity purchaser generally may not:
- Accept or induce execution of a conveyance;
- Record the purchase contract, lease, lien, or conveyance;
- Transfer or encumber an interest in the residence; or
- Pay the homeowner consideration
in violation of Colorado law.
59. No Misleading Equity-Purchase Statements
A covered equity purchaser may not make untrue or misleading statements concerning matters including:
- Property value;
- Foreclosure-sale proceeds;
- Contract terms;
- Homeowner rights;
- Homeowner obligations;
- Documents being signed; or
- Other material aspects of the transaction.
60. Sale-Leaseback and Repurchase Arrangements
Colorado imposes additional requirements when an equity purchaser acquires a residence in foreclosure and provides the homeowner with an option or right to repurchase.
Such reconveyance arrangements can require:
- A compliant equity-purchase contract;
- A non-waivable 30-day right to cure defaults;
- Appropriate treatment of existing liens;
- Verification of the homeowner’s reasonable ability to make required payments and repurchase;
- Limits designed to prevent unconscionable repurchase terms; and
- Other statutory protections.
A simple permanent cash sale is different from a sale-leaseback or repurchase arrangement.
61. Non-English-Speaking Homeowners in Foreclosure
Colorado’s Foreclosure Protection Act contains special language requirements.
Where the equity purchaser knows or should know that the homeowner’s principal language is not English, statutory notice concerning the transaction and cancellation rights may need to be supplied in the homeowner’s principal language.
Covered foreclosure-consulting agreements also have translation requirements.
62. Foreclosure Rights Cannot Be Waived Through Website Terms
Colorado law invalidates specified waivers in covered foreclosure consulting and equity-purchase contracts, including certain attempts to waive:
- Statutory rights;
- Jury-trial rights;
- Required Colorado law;
- Proper Colorado venue; or
- Other protected rights.
These Website Terms do not override those protections.
63. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving a potential offer, or negotiating a purchase does not automatically:
- Stop a foreclosure;
- Postpone a sale;
- Cure default;
- Reinstate a mortgage;
- Modify a loan;
- Create a forbearance agreement; or
- Require a lender or servicer to delay enforcement.
Homeowners facing foreclosure should independently verify applicable deadlines.
64. 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 Colorado or the federal government;
- We guarantee foreclosure will stop;
- We guarantee a loan modification;
- We will negotiate the 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.
65. Federal Mortgage-Assistance Rules
If separate conduct constitutes mortgage-assistance-relief services under federal law, federal rules can separately regulate:
- Advance fees;
- Advertising;
- Required notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
66. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish legal authority to sell.
A transaction may require:
- Personal-representative authority;
- Executor or administrator authority;
- Trustee authority;
- Probate-court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
67. 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:
- Insurance coverage;
- Proof-of-loss requirements;
- Claim deadlines;
- Insurance proceeds;
- Repair obligations;
- Mortgage-holder rights;
- Recoverable depreciation;
- Additional living expenses;
- Assignment restrictions;
- Salvage rights; and
- Policy conditions.
68. 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;
- Repairs;
- Salvage; and
- Related benefits.
69. Insurance Rights Do Not Automatically Transfer
A property sale does not automatically transfer:
- The seller’s insurance policy;
- A pending insurance claim;
- Claim proceeds;
- Recoverable depreciation; or
- Other policy rights.
Those matters depend on:
- Policy language;
- Insurance law;
- Timing of the loss;
- Mortgage-holder rights;
- Insurer requirements; and
- The transaction documents.
70. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should work with an appropriately licensed professional or attorney where required.
71. Tenant-Occupied Property
The sale of tenant-occupied property does not automatically terminate an existing lawful tenancy.
A purchaser should evaluate:
- Existing leases;
- Security deposits;
- Fire displacement;
- Habitability issues;
- Required notices;
- Possession rights;
- Rental licensing or registration;
- Local requirements; and
- Applicable Colorado landlord-tenant law.
Vacancy following a fire should not automatically be treated as proof that every tenant right has ended.
72. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying housing constructed before 1978.
Nothing on the Website replaces applicable federal disclosure obligations.
73. Common Interest Communities
Where property is located in a Colorado common-interest community, separate statutory and contractual requirements may apply concerning:
- Governing documents;
- Assessments;
- Insurance;
- Reserves;
- Liens;
- Rules;
- Association records;
- Pending litigation; and
- Other community matters.
74. 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.
75. Colorado Recording Law
Colorado generally permits a participant in a telephone communication to record the call, or permits recording with the consent of at least one sender, receiver, or principal party, subject to applicable law.
Recording may not be used for an unlawful purpose.
Because interstate calls can involve states with stricter all-party-consent requirements, additional notice or consent may be required.
Where another applicable law imposes a stricter requirement, that stricter requirement controls.
76. 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 communications 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.
77. 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.
78. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This consent does not eliminate any document that applicable law requires to be provided in another form or manner.
79. Privacy
Our handling of personal information is described in our Privacy Policy.
80. 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:
- A Colorado attorney;
- A licensed Colorado 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.
81. 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.
82. 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 Colorado broker participates, applicable written brokerage agreements and disclosures control.
83. 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 operations; or
- Violate another person’s rights.
84. 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 Denver.
You may not commercially reproduce protected Website content without authorization.
85. 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.
86. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
87. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Appraised or fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Vacant possession;
- Completion of repairs;
- Resolution of code issues;
- Completion of a transaction; or
- A particular financial result.
88. Marketing Claims
Website statements describing offers or services as:
- Fair;
- Competitive;
- Fast;
- Immediate;
- Transparent;
- Hassle-free;
- No-pressure;
- Fee-free;
- Reflecting true market value; or
- Similar terms
describe intended or possible service characteristics.
They do not guarantee a particular economic result.
The signed transaction documents control.
89. 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 outcome.
90. 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.
91. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE DENVER 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;
- Foreclosure consulting contracts;
- Equity-purchase contracts;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
92. 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 section eliminates liability that applicable law does not permit to be excluded.
93. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Denver 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.
94. Governing Law
These Terms are governed by the laws of the State of Colorado, except where another law must apply.
95. 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 Colorado.
These Website Terms do not impose mandatory arbitration.
Nothing in these Website Terms overrides Colorado Foreclosure Protection Act restrictions that prohibit certain contract provisions selecting another state’s law or an improper venue.
A separately executed transaction agreement may contain different enforceable dispute provisions.
96. Non-Waivable Colorado Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Colorado seller disclosure and fraud law;
- Colorado Real Estate Broker law;
- Colorado Privacy Act;
- Colorado Consumer Protection Act;
- Colorado Foreclosure Protection Act;
- Colorado security-breach law;
- Colorado wiretapping and eavesdropping law;
- Colorado radon-disclosure law;
- Denver Building and Fire Code;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
97. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller’s Property Disclosures;
- Radon disclosures;
- Foreclosure consulting contracts;
- Equity-purchase contracts;
- Statutory cancellation notices;
- 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.
98. 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.
99. 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.
100. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
101. 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;
- Colorado contract law;
- Colorado real estate licensing law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
102. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
103. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Denver
Denver, Colorado
United States
Website: ibuyhouseswithfiredamagedenver.com