Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagealbuquerque.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Albuquerque (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting an offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property facing foreclosure;
- Property subject to liens 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 New Mexico 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 Albuquerque.
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 lender;
- Mortgage servicer;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Debt-relief provider; or
- Other professional adviser.
3. Direct Purchase Model
Where we seek to purchase property for our own account:
- Our financial interests may differ from the seller’s interests;
- We may seek a purchase price accounting for repairs, cleanup, permit costs, holding costs, transaction expenses, risk, and investment return;
- We negotiate for ourselves unless another written relationship expressly provides otherwise; and
- We do not automatically owe the seller duties associated with a seller’s broker, fiduciary, attorney, appraiser, insurance adviser, or financial adviser.
4. No Obligation to Sell
Submitting 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.
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’s property form permits a submitter to identify as:
- The owner;
- An agent; or
- A wholesaler.
If an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, or other representative submits property information, that person is responsible for having lawful authority to do so.
Nothing on the Website authorizes:
- Unlicensed brokerage;
- Unauthorized solicitation;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of property-owner information; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages;
- 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;
- Electrical, plumbing, mechanical, renovation, or demolition permits;
- 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;
- 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 included in a legally enforceable written transaction agreement.
A preliminary offer may change after due diligence.
11. Offer Methodology
Potential offers may take into account:
- Existing property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanup costs;
- Permit expenses;
- Tenant or occupancy issues;
- Holding expenses;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation method, purchase price, or financial result is guaranteed.
12. Binding Transactions
A binding real estate transaction arises only when applicable parties execute legally enforceable transaction documents.
Closing may depend on:
- Ownership verification;
- Authority to sell;
- Title;
- Mortgages;
- Liens;
- Judgments;
- Taxes;
- Applicable seller disclosures;
- Property-tax estimate disclosure;
- HOA disclosures where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Buyer funding;
- Albuquerque permitting or code matters;
- Closing requirements; and
- Other contractual or legal conditions.
13. New Mexico Does Not Have One Universal Statutory Residential Condition Questionnaire
New Mexico does not impose one universal statewide statutory residential property-condition questionnaire that every private seller of an existing home must complete in every ordinary resale.
This differs from states that mandate a specific statutory seller form in nearly every one-to-four-unit resale.
Seller obligations in New Mexico may instead arise from:
- Fraud and concealment law;
- Statements voluntarily made by the seller;
- Purchase-contract provisions;
- Contractual disclosure forms;
- Duties of participating real estate brokers;
- Specific statutory disclosures;
- Federal law;
- Local requirements; and
- Other transaction-specific circumstances.
14. Known Latent or Material Defects
New Mexico law recognizes that silence or nondisclosure can support fraud or rescission when circumstances create a duty to speak concerning known material facts.
A seller therefore should not:
- Make false statements about fire damage;
- Conceal known serious latent damage;
- Provide materially misleading partial information;
- Falsely represent that repairs were completed;
- Falsely represent that work was permitted;
- Falsely represent that a defect no longer exists; or
- Create a misleading impression about a known material property condition.
15. Fire Damage Can Be Material
Fire, smoke, firefighting water, heat, demolition, and incomplete restoration can create material conditions involving:
- Structural framing;
- Roofs;
- Foundations;
- Electrical wiring and panels;
- Plumbing;
- Heating and cooling;
- Smoke and soot contamination;
- Water intrusion;
- Mold;
- Insulation;
- Windows and doors;
- Fireplaces and chimneys;
- Hazardous materials;
- Permits;
- Code violations;
- Unfinished restoration; and
- Other conditions affecting value, safety, use, or desirability.
16. Licensed New Mexico Broker Duties
New Mexico Real Estate Commission rules require licensed brokers to provide written disclosure of adverse material facts actually known by the broker concerning:
- The property;
- The transaction; or
- The financial ability of the parties to complete the transaction.
A broker’s duty is separate from whether a private seller is subject to a particular standardized disclosure form.
17. Current NMAR Property Disclosure Form
The New Mexico Association of REALTORS® maintains an Adverse Material Facts Property Disclosure Statement that may be used contractually in transactions involving its forms.
That form is not one universal state-mandated seller questionnaire applicable to every private sale.
However, the current 2026 NMAR form expressly addresses:
- Insurance claims;
- Fire damage;
- Smoke damage;
- Water damage;
- Whether property is uninsurable; and
- Whether insurance proceeds were used to remediate the condition.
Where the parties’ transaction documents require that form, those contractual obligations should be followed.
18. No Duty Created Merely by This Website to Commission an Inspection
New Mexico does not impose one universal rule requiring every seller of a fire-damaged residence to commission:
- A structural inspection;
- An electrical inspection;
- A mold inspection;
- An environmental assessment;
- A professional fire-damage report;
- An engineering report; or
- Another professional study
before selling the property.
Such inspections can nevertheless be prudent or required by:
- Contract;
- Buyer due diligence;
- A lender;
- An insurer;
- Albuquerque;
- Another governmental authority; or
- Specific property conditions.
19. No Universal Fire-Document Package
New Mexico does not impose one universal requirement that every residential seller automatically provide every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Restoration certificate; or
- Inspection report
to every purchaser.
A particular document may nevertheless be:
- Required by contract;
- Relevant to explaining a representation;
- Requested during due diligence;
- Required by an insurer or lender;
- Required by Albuquerque;
- Needed to resolve title, permit, or code issues; or
- Required under another law.
20. Property-Tax Estimate Disclosure
New Mexico has a separate statutory residential property-tax disclosure that is important even where no standardized property-condition form is required.
Before accepting an offer to purchase qualifying residential property, the seller or seller’s broker generally must:
- Request from the county assessor an estimated property-tax levy;
- Use the listed price as the stated value for the estimate; and
- Provide the assessor’s written response to the prospective buyer or the buyer’s broker.
21. Buyer Acknowledgment of Property-Tax Estimate
Where a buyer’s broker receives the estimate, the broker generally must promptly provide it to the prospective buyer.
The prospective buyer generally acknowledges receipt in writing.
The estimate is not a guarantee of the actual future tax levy.
22. Property-Tax Disclosure Waiver
A prospective buyer may waive the property-tax estimate disclosure by signing a written waiver before the offer is made where the required estimate is not readily available.
The waiver should not be assumed merely because the transaction is:
- Cash;
- As-is;
- Investor-to-seller;
- Fast closing; or
- Off market.
23. Homeowners-Association Disclosure
If property is subject to a homeowners association governed by New Mexico’s Homeowner Association Act, the seller generally must obtain and provide the required association disclosure certificate to the purchaser no later than seven days before closing, subject to statutory exceptions.
24. HOA Purchaser Cancellation Right
A purchaser who receives a qualifying Homeowner Association Act disclosure certificate generally has seven days after receipt to cancel the purchase contract.
Cancellation under the statute is without penalty, and qualifying payments generally must be refunded within the statutory period.
A fast cash closing should therefore account for applicable association-disclosure timing.
25. As-Is Transactions
The Website advertises purchases in present or “as-is” condition.
“As-is” may mean that the purchaser will not require the seller to repair the property before closing.
It does not automatically eliminate:
- Fraud or intentional misrepresentation liability;
- Contractual disclosure obligations;
- Known-material-fact duties of participating brokers;
- Property-tax disclosure requirements;
- HOA disclosure rights;
- Federal disclosure obligations;
- Title requirements;
- Foreclosure protections;
- Government orders;
- Permit obligations; or
- Other non-waivable duties.
26. No Universal Requirement to Repair Before Sale
New Mexico does not impose one statewide rule requiring every fire-damaged home to be fully repaired before it can be sold.
A damaged property may potentially be sold as-is.
Separate:
- Building codes;
- Unsafe-building determinations;
- Fire-safety requirements;
- Building permits;
- Electrical permits;
- Plumbing or mechanical permits;
- Demolition requirements;
- Environmental requirements;
- Occupancy restrictions;
- Insurance obligations;
- Local ordinances; and
- Contract terms
may nevertheless affect the property.
27. Albuquerque Building and Trade Permits
The City of Albuquerque’s Building Safety Division issues permits and performs inspections for residential and commercial construction, additions, remodeling, and regulated trade work.
Depending on the scope of restoration, fire-damaged property may require:
- Building permits;
- Renovation permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Demolition permits; or
- Other approvals.
28. Permit Responsibility
Albuquerque states that licensed contractors or qualifying homeowners must obtain required permits before beginning work.
The person performing or arranging work should determine which permits are required before repairs begin.
29. Rental Properties and Contractors
For homes leased or rented to others, Albuquerque currently requires a licensed contractor to obtain the permit for covered work.
A property investor should therefore not assume that every homeowner self-permit pathway will apply to a rental or investment property.
30. Electrical, Plumbing, and Mechanical Work
Albuquerque maintains additional requirements for homeowner electrical and plumbing/mechanical permits.
Where a homeowner seeks certain permits personally, City testing requirements may apply.
A licensed contractor may be required where those requirements are not met.
31. Demolition Permits
Albuquerque requires a formal demolition-permit process for covered demolition work.
Current City procedures can require:
- A site plan;
- A demolition application;
- Air-quality approvals;
- Fugitive-dust approval;
- Asbestos-program approval; and
- Submission through the City’s ABQ-Plan system.
A property acquisition does not itself authorize demolition.
32. Unsafe Buildings
A fire-damaged structure may be deemed unsafe if it:
- Is structurally inadequate;
- Constitutes a fire hazard;
- Has unsafe building-service equipment;
- Presents danger to life or public welfare;
- Is affected by disaster damage or abandonment; or
- Otherwise meets applicable City criteria.
City officials may issue orders concerning:
- Repair;
- Alteration;
- Stabilization;
- Removal;
- Evacuation; or
- Demolition.
A sale does not automatically cancel such an order.
33. Cleanup and Restoration
The Website states that cleanup and recovery may be handled as part of its service.
Any:
- Debris removal;
- Demolition;
- Construction;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation; or
- Other regulated work
must comply with applicable contractor licensing, environmental, worker-safety, disposal, permit, and other requirements.
Nothing in these Terms represents that we personally perform regulated contractor work unless legally authorized.
34. Inspections and Due Diligence
An as-is or direct cash transaction does not prevent a purchaser from conducting due diligence permitted by the purchase agreement.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
35. Fast Offer and Closing Claims
The Website advertises:
- A no-pressure as-is cash offer in approximately 24 hours; and
- Potential closing in approximately 10 days.
These statements describe intended or possible transaction timing and are not guarantees.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Property-tax disclosures;
- HOA disclosures;
- Probate;
- Foreclosure;
- Insurance;
- Property access;
- Albuquerque permits or orders;
- Buyer funding;
- Closing requirements; and
- Other circumstances.
36. Fair, Competitive, and “Maximum Value” Claims
The Website uses language describing offers as:
- Fair;
- Competitive;
- Reflecting market value;
- Reflecting market conditions; or
- Providing maximum value.
Those statements should not be interpreted as guarantees that:
- An offer equals appraised fair market value;
- An offer equals repaired retail value;
- No other purchaser would pay more;
- The seller could not achieve a higher net amount through another sales method; or
- A particular valuation formula will be used.
The executed purchase agreement controls the actual price.
37. No Agent Commissions and Hidden Fees
Where the seller completes a genuine direct purchase transaction without a listing broker, a conventional listing-agent commission may not apply.
If a licensed New Mexico real estate professional participates, compensation obligations will be determined by applicable:
- Brokerage agreements;
- Representation documents;
- Purchase agreements;
- Closing documents; and
- New Mexico law.
38. New Mexico Real Estate Licensing
New Mexico generally regulates persons who perform specified real estate services for another and for compensation or other consideration.
Regulated conduct can include:
- Listing;
- Selling or offering to sell;
- Buying or offering to buy;
- Negotiating purchases or sales;
- Dealing in real estate options;
- Managing property for others;
- Advertising specified real estate services for others; and
- Other brokerage conduct.
A single regulated act can be sufficient to implicate licensing requirements.
39. Principal Purchaser and Owner Exemption
New Mexico’s Real Estate Brokers and Salesmen Act generally exempts a person who, as owner, performs covered activities concerning property owned by that person, subject to statutory qualifications.
A genuine owner selling property owned by that owner therefore differs from a person performing brokerage services for another person for compensation.
40. Contract Holder Versus Record Owner
A person holding only a:
- Purchase contract;
- Assignment right;
- Option;
- Equitable interest; or
- Other contractual interest
should not automatically represent that the person is the record owner of the underlying property.
New Mexico’s real estate statutes treat various interests in real property as “real estate,” but whether a specific investment or assignment structure qualifies for an exemption or requires licensure depends on the actual facts.
41. New Mexico Wholesaling
As of October 7, 2026, New Mexico does not have a separate comprehensive residential-wholesaler registration and statutory seller-cancellation regime comparable to the dedicated wholesaling statutes enacted by some other states.
That does not mean every assignment or wholesale business model is automatically unregulated.
The ordinary licensing, contract, fraud, advertising, and consumer-protection rules still apply.
42. Wholesaling and Licensing Analysis
Factors relevant to a wholesaling arrangement can include:
- Whether the person genuinely entered the purchase contract as principal;
- Whether contractual rights were actually acquired;
- Whether the agreement permits assignment;
- What interest is being marketed;
- Whether another person’s underlying property is being marketed;
- Whether ownership is falsely represented;
- Whether negotiations occur for another person;
- Whether buyers or sellers are solicited for another; and
- Whether compensation is being received for brokerage-type activity.
43. Contractual Interest Is Not Legal Title
Holding a purchase agreement, assignment right, option, or equitable interest is different from holding record legal title.
A contract holder should not falsely state that:
- It is the deed owner;
- It owns legal title;
- Title has already transferred;
- It is conveying title when only contractual rights are being transferred; or
- It possesses rights beyond those provided by the agreement.
44. Assignment Depends on the Contract
Whether a purchase agreement may be assigned depends on:
- The agreement’s language;
- Anti-assignment provisions;
- Required consents;
- New Mexico contract law;
- Real estate licensing law;
- Foreclosure-related protections; and
- Other applicable requirements.
Nothing on the Website guarantees that a particular agreement may be assigned.
45. Licensed Brokers Acting as Purchasers
A licensed New Mexico broker purchasing property for the broker’s own account can have special disclosure and professional-conduct concerns.
The broker should make the broker’s principal status clear and avoid confusion concerning whether the broker is acting for the seller, as a transaction broker, or solely as a buyer.
46. Foreclosure and Financial Distress
The Website may attract homeowners who are:
- Behind on mortgage payments;
- Facing loan 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-relief provider; or
- Fiduciary
unless a separate legally compliant relationship expressly establishes otherwise.
47. New Mexico Mortgage Foreclosure Consultant Fraud Prevention Act
New Mexico separately regulates persons who, for compensation, offer or provide specified foreclosure-consulting services.
Covered representations can include promises to:
- Stop or postpone foreclosure;
- Obtain forbearance;
- Help reinstate the loan;
- Extend reinstatement periods;
- Obtain waiver of acceleration;
- Obtain financing;
- Reduce foreclosure-related credit harm; or
- Otherwise save a residence from foreclosure.
A direct cash purchase should not be marketed as paid foreclosure consulting unless the arrangement separately complies with that law.
48. Foreclosure Purchasers Are Distinct From Foreclosure Consultants
The statute generally excludes a foreclosure purchaser from the statutory definition of “foreclosure consultant.”
An ordinary principal purchaser of property in foreclosure is therefore not automatically a foreclosure consultant merely because the property is distressed.
However, the purchaser should avoid separately undertaking paid foreclosure-consulting services that can trigger the statute.
49. Twenty-Four-Hour Review Period
A covered New Mexico foreclosure-consulting contract generally must be provided to the homeowner for review at least 24 hours before it is signed.
The contract must satisfy detailed formatting, language, service-description, compensation, and warning requirements.
50. Three-Business-Day Foreclosure-Consulting Cancellation Right
A homeowner generally may rescind a compliant foreclosure-consulting contract until midnight of the third business day after signing.
The cancellation period does not begin until the consultant has complied with the statutory contract requirements and the owner signs the contract.
51. Transfer Rescission in a Covered Foreclosure-Consulting Arrangement
Where a deed or title transfer is involved within a covered foreclosure-consulting arrangement, New Mexico’s statutory warning informs the homeowner that the transfer may be rescinded within three days after signing the deed or other transfer document, subject to the statute’s terms.
This Website does not replace the required statutory notice.
52. No Advance Compensation for Foreclosure Consulting
A covered foreclosure consultant generally may not:
- Claim;
- Demand;
- Charge;
- Collect; or
- Receive
compensation until the consultant has fully performed every service promised.
53. Consultant Cannot Acquire Client’s Residence
A covered foreclosure consultant generally may not directly or indirectly, including through an affiliate or subsidiary, acquire an interest in the residence in foreclosure from an owner with whom the consultant has contracted.
Accordingly, a business seeking to purchase the property should not simultaneously contract to be the homeowner’s paid foreclosure consultant.
54. Other Foreclosure-Consultant Restrictions
A covered foreclosure consultant is also generally restricted from:
- Taking specified liens or security for compensation;
- Receiving certain third-party consideration;
- Taking a power of attorney except for the limited statutory purpose;
- Requiring out-of-state law or jurisdiction;
- Selecting improper venue; or
- Requiring waiver of statutory rights.
55. Foreclosure Reconveyances
New Mexico separately defines a foreclosure reconveyance to include specified transactions in which a homeowner in foreclosure transfers title or another covered interest and is then offered or promised an interest back that allows the homeowner to possess the property or another property.
Examples can include:
- Leaseback arrangements;
- Contract-for-deed arrangements;
- Purchase agreements;
- Repurchase options; or
- Similar structures.
A “sell to us, remain in the home, and buy it back later” model should receive transaction-specific legal review.
56. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving an offer, or negotiating a purchase does not automatically:
- Stop a foreclosure case;
- Postpone a foreclosure sale;
- Extend a court deadline;
- Reinstate a mortgage;
- Cure default;
- Modify a loan;
- Create forbearance; or
- Require a lender or servicer to delay enforcement.
Homeowners facing foreclosure should independently determine applicable deadlines.
57. Federal Mortgage-Assistance Rules
Where separate conduct constitutes mortgage-assistance-relief services under federal law, federal requirements may regulate:
- Advance fees;
- Advertising;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
58. No Foreclosure-Rescue Guarantees
Unless separately authorized and legally qualified, we do not represent that:
- We act for your lender;
- We act for your servicer;
- We act for New Mexico or the federal government;
- We guarantee foreclosure will stop;
- We guarantee a loan modification;
- We will negotiate your mortgage as your adviser;
- You should stop communicating with your lender;
- You should stop making legally required payments; or
- Selling to us is your only available option.
59. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish authority to sell.
A transaction may require:
- Personal-representative authority;
- Executor or administrator authority;
- Trustee authority;
- Court documentation;
- Participation by heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
60. 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.
61. Insurance Payout Information
The Website specifically asks whether the homeowner received an insurance payout.
That information may be relevant to evaluating:
- The property’s condition;
- Repairs already performed;
- Remaining damage;
- Open insurance issues; and
- A potential transaction.
Providing insurance-payout information does not mean that:
- We automatically acquire insurance proceeds;
- Insurance rights automatically transfer with the property;
- A pending claim automatically belongs to the buyer;
- Insurance proceeds must be paid to us; or
- Purchase price is dictated by the claim payment.
62. Pending Insurance Claims
If property is sold while an insurance claim remains pending, the transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repairs;
- Salvage; and
- Related benefits.
63. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should work with an appropriately licensed insurance professional or attorney where required.
64. 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
- New Mexico’s Uniform Owner-Resident Relations Act.
Vacant appearance after a fire should not automatically be treated as proof that all tenancy rights have ended.
65. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.
Nothing on the Website replaces applicable federal requirements.
66. Homeowners Associations
Where a property is subject to a homeowners association, the Homeowner Association Act and governing documents may impose separate requirements concerning:
- Association disclosures;
- Assessments;
- Unpaid charges;
- Rules;
- Governing documents;
- Insurance;
- Special assessments; and
- Other association matters.
67. 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.
68. New Mexico Recording Law
New Mexico generally permits recording of a telephone communication where the recorder is a participant or an appropriate party to the communication has consented, subject to applicable law.
Interstate communications can involve states requiring consent from all participants.
Where another applicable law imposes a stricter requirement, the stricter requirement controls.
69. 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.
Message and data rates may apply.
Message frequency may vary.
Reply STOP to request that applicable messages stop.
70. 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.
71. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This does not eliminate documents that applicable law requires to be provided in another form or manner.
72. Privacy
Our handling of personal information is described in our Privacy Policy.
73. Independent Decision-Making
Selling fire-damaged real estate can have significant:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A New Mexico attorney;
- A licensed New Mexico 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.
74. 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.
75. No Automatic Brokerage, 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.
Where a licensed New Mexico real estate professional participates, applicable brokerage and agency documentation controls.
76. Acceptable Use
You may not:
- Use the Website unlawfully;
- Submit fraudulent property leads;
- Knowingly provide materially false information;
- Impersonate another person;
- Submit property information without authority;
- Attempt unauthorized system access;
- Introduce malicious code;
- Circumvent Website security;
- Abuse Website forms;
- Interfere with Website operation; or
- Violate another person’s rights.
77. 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 Albuquerque.
You may not commercially reproduce protected Website content without authorization.
78. 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.
79. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
80. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Vacant possession;
- Resolution of code violations;
- Completion of repairs;
- Completion of a transaction; or
- A particular financial result.
81. Marketing Claims
Website statements describing offers or the process as:
- Fair;
- Competitive;
- Fast;
- Immediate;
- Transparent;
- Hassle-free;
- Stress-free;
- Fee-free;
- Maximum value; or
- Similar terminology
describe intended or possible service characteristics and do not guarantee a particular financial outcome.
The executed transaction documents control.
82. 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 result.
83. 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.
84. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE ALBUQUERQUE AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE USE.
OUR AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED $500, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Website-only limitation does not govern rights or liabilities under separately executed:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Foreclosure-consulting agreements;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
85. 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.
86. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Albuquerque 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.
87. Governing Law
These Terms are governed by the laws of the State of New Mexico, except where another law must apply.
88. 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 New Mexico.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
Nothing in these Website Terms overrides New Mexico restrictions on venue, choice of law, waiver, or other contract terms in a covered foreclosure-consulting relationship.
89. Non-Waivable New Mexico Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- New Mexico fraud and misrepresentation law;
- New Mexico Real Estate Brokers and Salesmen Act;
- New Mexico Real Estate Commission rules;
- New Mexico real estate disclosure statutes;
- New Mexico Homeowner Association Act;
- New Mexico Mortgage Foreclosure Consultant Fraud Prevention Act;
- New Mexico Unfair Practices Act;
- New Mexico communications law;
- New Mexico Data Breach Notification Act;
- Albuquerque building and fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
90. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Contractual property disclosure statements;
- Property-tax estimate disclosures;
- Homeowners-association disclosure certificates;
- Foreclosure-consulting contracts;
- Statutory rescission 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.
91. 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.
92. 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.
93. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
94. 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;
- New Mexico contract law;
- New Mexico real estate licensing law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
95. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
96. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Albuquerque
Albuquerque, New Mexico
United States
Website: ibuyhouseswithfiredamagealbuquerque.com