Welcome to WholesaleHomesUtah.com

These Terms of Service (“Terms”) govern your use of WholesaleHomesUtah.com (the “Site,” “Platform,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please discontinue use immediately.

1. PLATFORM OVERVIEW

WholesaleHomesUtah.com is an online marketplace that connects real estate wholesalers with property investors. Our platform enables:

• Wholesalers to list and market properties for which they have secured contractual rights
• Investors to discover, evaluate, and purchase these wholesale opportunities

We do not act as a brokerage, agent, or fiduciary for either wholesalers or investors. We simply provide the technological infrastructure to facilitate connections between these parties.

2. USER REGISTRATION & ACCOUNTS

2.1 Account Types

The Site offers two types of user accounts:

• Wholesaler Account: Allows users to list properties for which they hold contractual rights
• Investor Account: Allows users to view, save, and express interest in listed properties

2.2 Registration Requirements

To register for either account type, you must:

• Be at least 18 years of age
• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Secure your account credentials and not share them with others
• Accept responsibility for all activities occurring under your account

2.3 Account Verification

We reserve the right to:

• Verify your identity and business credentials
• Request additional documentation before approving your account
• Deny or revoke account privileges at our sole discretion

3. WHOLESALER TERMS & OBLIGATIONS

By registering as a Wholesaler, you agree to and acknowledge the following:

3.1 Listing Requirements

• You must hold valid legal contractual rights to any property you list
• You must accurately represent the property condition, details, and your interest in it
• You must provide clear disclosure of your position as a contract holder, not the property owner
• You must have all necessary legal rights to market and assign the property

3.2 Documentation Requirements

You agree to provide upon request:

• Proof of your contractual interest in the property
• Evidence of earnest money deposits
• Property inspection reports, if available
• Any disclosures required by state or federal law

3.3 Wholesaler Representations

You represent and warrant that:

• You are in compliance with all applicable real estate laws in your jurisdiction
• You have conducted reasonable due diligence on the property
• You have the legal right to assign your contract or conduct a double closing
• You have disclosed all material facts about the property that you are aware of

3.4 Commission & Fee Structure

• You acknowledge that our platform charges fees for successful transactions as outlined in our current fee schedule
• You agree not to circumvent our platform to avoid fees
• You understand that listing fees, if any, are non-refundable

4. INVESTOR TERMS & OBLIGATIONS

By registering as an Investor, you agree to and acknowledge the following:

4.1 Due Diligence Responsibility

• You are solely responsible for conducting your own due diligence on any property
• You should independently verify all property information, including but not limited to:
  • Property value assessments
  • Repair estimates
  • Title status
  • Tax information
  • Zoning and code compliance
  • Physical condition

4.2 Transaction Understanding

You acknowledge that when pursuing a property on our platform:

• You are purchasing either an assignment of contract rights or the property through a double closing
• The wholesaler may not be the current owner of the property
• All properties are offered “as-is, where-is” with no warranties expressed or implied
• You may be required to close within a specific timeframe

4.3 Financial Obligations

You agree that:

• You have the financial means to complete transactions you initiate
• Earnest money deposits may be non-refundable as specified in individual deals
• You will adhere to the payment terms specified in each transaction

5. PROHIBITED ACTIVITIES

All users agree not to:

• Misrepresent your identity, credentials, or authority
• Provide false or misleading information about properties or transactions
• Attempt to circumvent the platform to avoid fees
• Harass, threaten, or discriminate against other users
• Violate Fair Housing laws or engage in any form of real estate discrimination
• Use the platform for any illegal purposes
• Scrape, copy, or reproduce platform content without authorization
• Attempt to reverse engineer or breach the platform’s security
• Share account access with unauthorized users
• Contact property owners directly without wholesaler permission
• Post offensive, inappropriate, or harmful content

6. TRANSACTION PROCESS

6.1 General Process

Our platform facilitates the following general transaction flow:

1. Wholesaler lists property with all relevant details
2. Investor expresses interest and requests additional information if needed
3. Parties agree to transaction terms (assignment or double close)
4. Documentation is prepared and executed
5. Transaction closes according to the agreed terms

6.2 Platform’s Role

We serve solely to:

• Provide the technological infrastructure to facilitate connections
• Offer standardized documentation templates where applicable
• Process platform fees
• Maintain records of transactions

We do not:

• Negotiate on behalf of either party
• Provide legal, tax, or investment advice
• Guarantee property condition or investment returns
• Act as an escrow agent or title company
• Handle earnest money or closing funds

6.3 Transaction Documentation

• All legal documentation for transactions is between the wholesaler and investor
• We recommend all parties engage qualified legal counsel to review documentation
• We are not responsible for the legal sufficiency of any documentation

7. FEES & PAYMENT

7.1 Fee Structure

Our current fee structure is:

• Wholesaler Listing Fees (if applicable): As specified on the Site
• Transaction Success Fees: As specified on the Site
• Payment Processing Fees: As specified at time of payment

7.2 Payment Terms

• All fees are due at the time specified on the Site
• We accept payment methods as indicated on the payment portal
• Late payments may result in account suspension
• All fees are non-refundable unless otherwise specified

7.3 Fee Changes

• We reserve the right to modify our fee structure at any time
• Changes will be posted on the Site with at least 30 days’ notice
• Continued use of the Site after fee changes constitutes acceptance

8. CONTENT OWNERSHIP & LICENSING

8.1 Platform Content

• All Site content including logos, designs, text, graphics, and interfaces are our exclusive property
• Our content is protected by copyright, trademark, and other intellectual property laws
• Users may not copy, modify, distribute, or create derivative works without our permission

8.2 User Content

By posting content to our platform (including property listings, photos, descriptions, etc.), you:

• Retain ownership of your original content
• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for platform purposes
• Represent that you have all necessary rights to grant this license

8.3 Content Removal

• We reserve the right to remove any content that violates these Terms
• We may remove content upon receipt of a valid takedown request
• We may preserve content as required by law or for legitimate business purposes

9. PRIVACY & DATA

9.1 Data Collection & Use

• We collect and process personal data as described in our Privacy Policy
• By using the Site, you consent to such collection and processing
• You agree not to provide personal data of third parties without their consent

9.2 Communication

• You agree to receive electronic communications from us regarding your account, transactions, and platform updates
• You may opt out of marketing communications, but not transactional or administrative notifications

10. DISCLAIMERS & LIMITATIONS

10.1 Platform Provided “As Is”

• The Site and all services are provided on an “as is” and “as available” basis
• We make no warranties, expressed or implied, regarding the operation or content of the Site
• We do not guarantee uninterrupted or error-free service

10.2 Real Estate Disclaimers

We explicitly disclaim:

• Any representation regarding property condition, value, or investment potential
• The accuracy of any property description, photograph, or documentation
• The legal status or marketability of any property
• The financial viability of any transaction
• Any outcome or profit from real estate investments

10.3 Limitation of Liability

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the greater of $100 or the amount of fees paid by you to us in the 12 months preceding the claim
• These limitations apply to all causes of action in the aggregate

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WholesaleHomesUtah.com and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Your violation of these Terms
• Your use of the Site
• Your violation of any third party right
• Any property transaction you engage in
• Any content you post to the Site

12. DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by the laws of the State of Utah, without regard to conflict of law principles.

12.2 Arbitration

Any dispute arising from these Terms or your use of the Site shall be resolved by binding arbitration conducted in Salt Lake County, Utah, in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver

You agree to resolve disputes only on an individual basis and waive any right to participate in a class action or consolidated proceeding.

12.4 Limitations Period

Any claim must be brought within one (1) year after the cause of action arises.

13. TERMINATION

13.1 Termination by User

• You may terminate your account at any time through the account settings or by contacting us
• Termination does not relieve you of outstanding obligations

13.2 Termination by Us

We may suspend or terminate your account:

• For violation of these Terms
• For fraudulent or illegal activity
• For extended periods of inactivity
• At our sole discretion, with or without cause
• Without prior notice

13.3 Effect of Termination

Upon termination:

• Your access to the Site will be revoked
• In-progress transactions may be completed or cancelled at our discretion
• Sections of these Terms that by their nature should survive will remain in effect

14. CHANGES TO TERMS

• We reserve the right to modify these Terms at any time
• Changes will be effective upon posting to the Site
• Your continued use of the Site after changes constitutes acceptance
• Material changes will be notified via email or site notification

15. MISCELLANEOUS

15.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Site.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver.

15.4 Assignment

• We may assign our rights under these Terms without restriction
• You may not assign your rights without our prior written consent

15.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control.

16. CONTACT INFORMATION

For questions about these Terms or the Site, please contact us:

• Email: contact@wholesalehomesutah.com
• Phone: 801-784-8305

By using WholesaleHomesUtah.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.