Terms and Conditions
Effective Date: January 21, 2022
By using this site, you understand and acknowledge (a) that the Company is not providing real estate, legal, financial, or other advice or expertise, and (b) that you may not rely on any information on this website as advice.
The Company is licensed with the Oregon Real Estate Agency, License No.201224007, and with the Washington Department of Licensing, License No. 20605. The Company’s Oregon and Washington designated principal broker is Alicia Smith (Oregon Real Estate License No. 201211616 and Washington Department of Licensing No. 27268). The managing broker for Oregon and Washington is Jordan Matin (Oregon Real Estate License No. 200707018 and Washington Department of Licensing No. 25401).
Cash Is King is a registered business name in Oregon of Matin Real Estate, LLC.
The Company is not a mortgage broker or lender, or mortgage loan originator, under the Oregon Mortgage Lenders Law or Washington Mortgage Broker Practices Act or the Washington Consumer Loan Act. The Company and its associated real estate brokers do not aid or assist buyers/sellers/borrowers with obtaining loans, nor do they negotiate or make loans secured or unsecured by real or personal property.
Although Company is licensed with the Oregon Real Estate Agency and the Washington Department of Licensing, neither Company nor any of its affiliated real estate brokers represents, nor shall they represent the seller of any real property that is purchased as part of a Cash Is King guaranteed offer or cash offer unless and until the parties enter into a separate, written listing agreement.
ALL PARTIES HAVE BEEN ADVISED TO SEEK THEIR OWN LEGAL COUNSEL. In the event of any conflict between these Terms and any listing agreement or real estate purchase agreement, the terms of the listing agreement and real estate purchase agreement shall prevail.
The buyer of any real property purchased through these Websites may be a licensed real estate broker associated with Company or it may be a third-party buyer arranged through Company. The name of the buyer will be disclosed on the real estate purchase agreement between the parties.
The parties referred to in this Agreement shall be defined as follows:
a. Company, Us, We: The Company, as the creator, operator, and publisher of the Websites, makes the Websites, and certain Services on it, available to users. Matin Real Estate, LLC dba Cash Is King, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b. You, the User, the Client: You, as the user of the Websites, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c. Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
3. PROFESSIONAL REAL ESTATE ADVISORS:
The material contained on this site is offered as information only and not as financial, accounting, legal or other professional advice. Users of this site should contact their own professional advisors for such advice. You agree and understand that Your choice to deal with any member or affiliate of this site is done at Your discretion and risk, and You will be solely responsible for such dealings. In no event shall Company be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to Your dealings with investors, members or affiliates of this site.
4. RESTRICTIONS AND REQUIREMENTS:
These Websites is offered and available to users who 18 years of age or older. By using these Websites, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. You also represent and warrant that 1) You live in the United States; 2) You have not registered on a national or statewide Do Not Call list; 3) You are the account holder for the email addresses and phone numbers You provided, or You have authorization from the account holder to give this consent; and 4) the email addresses and phone numbers You provided are accurate. If You do not meet all of these requirements, You must not access or use the Websites.
5. USER DATA:
6. ASSENT & ACCEPTANCE:
By using the Websites, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Websites immediately. The Company only agrees to provide use of these Websites and Services to You if You assent to this Agreement.
7. LICENSE TO USE WEBSITES:
The Company may provide You with certain information as a result of Your use of the Websites or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Websites or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Websites and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Websites or Services or at the termination of this Agreement.
8. INTELLECTUAL PROPERTY:
You agree that the Websites and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
9. ACCEPTABLE USE
You agree not to use the Websites or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Websites or Services in any way that could damage the Websites, Services, or general business of the Company.
You further agree not to use the Websites or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
10. USER CONTENT:
The Websites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”).
If You decide to share Your User Content with others through the Sites or third party platforms, You understand that this User Content will be viewable by others in accordance with the privacy settings You establish. You agree that You are solely responsible for Your User Content and for Your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, You further agree not to create, post, share or store any of the following:
a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. User Content that contains or depicts any statements, remarks or claims that do not reflect Your honest views and experiences;
e. User Content that impersonates, or misrepresents Your affiliation with, any person or entity;
f. User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
g. User Content that contains any private or personal information of a third party without such third party’s consent;
h User Content that references alcohol or illegal drugs irresponsibly, such as references to overconsumption or use by minors;
i. User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
j. User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Company or others to any harm or liability of any type.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Sites at Your sole cost and expense.
11. RIGHTS IN USER CONTENT:
If You submit content You own, You retain Your ownership of Your intellectual property rights. We do not claim any ownership interest in Your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., Company Facebook page, Instagram page or Twitter feed), You hereby grant Company the right to use it in any form free of charge.
This is a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display Your User Content, in whole or in part, and Your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
The Company may sell goods or services or allow third parties to sell goods or services on the Websites. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
13. REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Websites or Services;
b. Violate the security of the Websites or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
14. DATA LOSS:
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Websites or Services is at Your own risk.
To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:
- Any use or misuse of the Sites, Content or Services by You or any third party You authorize to access or use such Sites, Content or Services,
- Any User Content You create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms,
- Your violation of these terms, and Your violation of the rights of another.
You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance).
You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between You and Company.
16. SPAM POLICY:
You are strictly prohibited from using the Websites or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17. THIRD-PARTY LINKS & CONTENT:
The Company may occasionally post links to third party Websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Websites.
18. OPTING OUT:
You may revoke Your consent to receive communications at any time by replying “stop” to any of our texts. We will make a commercially reasonable effort to comply with any communications from You opting out, but reply “stop” will automatically unsubscribe You, and we recommend that method. We may take up to 30 days to stop communications if You use a method other than the automatic reply “stop.” You consent to receive a final text message confirming Your opt-out.
In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following. The testimonials reflect the real life experiences of individuals who used our Services and/or services. All product reviews and testimonials are the sole opinions, findings or experiences of our customers and not those of Company or its staff. Company does not compensate in any way for testimonials or reviews. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity or shortened in cases where the original testimonial included additional information of no relevance to the general public.
20. MODIFICATION & VARIATION:
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Websites and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a. To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Websites after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
21. ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of these Websites. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of these Websites.
22. SERVICE INTERRUPTIONS:
The Company may need to interrupt Your access to the Websites to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Websites may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
23. TERM, TERMINATION & SUSPENSION:
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
24. NO WARRANTIES:
You agree that Your use of the Websites and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Websites or Services will meet Your needs or that the Websites or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Websites or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Websites or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
25. LIMITATION ON LIABILITY:
The Company is not liable for any damages that may occur to You as a result of Your use of the Websites or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
26. SERVICERS AND ADVERTISERS:
These Websites is for the sole use of owners, sellers and buyers of real estate. As such, Company is a distributor of information supplied by third parties and users of the Services. On occasion, information on our site, such as real property prices, may be outdated or otherwise incorrect. Any information or content on these Websites is provided “as is”. We can only provide information with which we have been provided and accept no responsibility for any information that is out of date or otherwise invalid.
We cannot monitor all of the information received or maintain editorial control over such content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information provided by persons listing real properties, other users of the Services, advertisers, links or other referred to or using the Websites are those of the respective author(s) or distributor(s) of that information and not of Company. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement.
By posting, inputting or otherwise submitting information to our web site, You are representing
You are the rightful owner of such information and are granting us the right, license, and privilege to use such information or data in any way we deem appropriate. We have the right, but not the obligation, to monitor and review the content on the web site and provided through use of the Services and Your account to determine compliance with these Terms and any other operating rules established by us, to satisfy any law, regulation or authorized government request, or for other purposes.
Your correspondence or business dealings with, participation in promotions of, or purchase of goods and/or services from our listings, advertisers, or sponsors found on or through the Services, and any terms, conditions, warranties or representations associated with such dealings, are solely between You and such listing parties, advertisers or sponsors. You agree that company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such listing parties, advertisers or sponsors on or through the services.
Our provision of a link to any other web site or location is for Your convenience and does not signify our endorsement of such other web site or location or its contents. Any concerns You may have regarding any external link should be directed to that link’s web site administrator or webmaster. Company shall not be liable for any information, software, or links found at any other web site, internet location, or source of information, or for Your use of such information.
27. GUARANTEED OFFER PROCESS AND SPECIAL TERMS:
The following provisions apply specifically to the “guaranteed offer” program identified on this website (the “Guaranteed Offer Program”). The Company does not guaranty that You will receive an immediate or simultaneous offer, nor does the Company guaranty that Your guaranteed offer (the “Guaranteed Offer”) will be at or above what generally may be considered fair market value. Each circumstance and property are different.
In making You an offer under the Guaranteed Offer Program, the Company is not acting as Your real estate agent or broker. The Company is merely acting as, or on behalf of, a purchaser of real estate. As a seller, You have the right, and it is Your responsibility, to independently evaluate and decide whether to accept the Guaranteed Offer.
1. Guaranteed Offer Program process overview:
Step 1 Request an offer, complete the application, and sign the Exclusive Right to Solicit Offers agreement - no showings or other prep work required.
Step 2 Get Your cash offer and market analysis typically within 72 hours. This time frame is not a guaranty and may be more or less at the discretion of the Company.
Step 3 Schedule Your closing and move dates.
2. Restrictions for those who want to receive an offer:
No offers may be made to those who:
- Do not own the Property or have the legal right to sell the Property.
- Are not 18 or the age of legal consent in the state in which the Property is located.
- Are not otherwise legally competent to sell the Property.
- Are determined by the Company, at Company’s sole and absolute discretion, to not have a property that qualifies for the program.
- Are determined by the Company to not be a qualifying seller, at the Company’s sole and absolute discretion, such as the seller being barred by state or federal regulatory action or the seller having been involved with fraudulent action or a scheme or artifice to defraud.
Additionally, no offers may be made for:
- Bare land.
- Commercial properties.
- Agricultural properties.
- Residential properties with fair market values approximating $1,000,000.00 or more.
- Properties that are actively listed or in withdrawn status with any real estate broker/agent, or for properties under which a real estate broker/agent has or may make a claim for any compensation, however denoted.
- Any properties for which the Company elects to refrain from making an offer, at the Company’s sole and absolute discretion. Notwithstanding the foregoing, the Company may, on occasion elect to make an offer for properties that are otherwise identified in this subsection.
3. The Company reserves the right to refrain from making an offer for some properties, in the Company’s sole and absolute discretion and with or without cause, e.g., in the event the Company determines that a Property or applicant does not qualify under these Terms and Conditions. The Company will endeavor to provide You with notification of its election to refrain from providing an offer within three (3) days of the Company’s election.
5. If You elect to request an offer, You agree to complete and sign the Company’s Exclusive Right to Solicit Offers Agreement, which provides in part that You may obtain offers for a higher price or better terms, or what may be considered fair market value, by traditionally listing the property for sale through public marketing efforts; that the Company has advised You to traditionally list the property for sale, and that the price You received may, and likely will be less than what You may be able to obtain by traditionally listing and publicly marketing the Property.
6. Any offers will be processed through the Company, but the ultimate buyer may be the Company or a third-party buyer.
7. As of the date of these Terms, the Guaranteed Offer Program only applies for real properties located in the states of Oregon and Washington.
8. Once a request for an offer is submitted, we will typically send You an email within three (3) days (this is not guaranteed) notifying You of whether we wish to make an offer for Your property and requesting that You sign an acknowledgment confirming that You have been advised to traditionally list the property for sale and that You may and likely will receive an offer or offers for less than what may be considered fair market value. You will not be under any obligation to accept any offers, and the Company is under no obligation to make an offer. Offers generally expire 48 hours after receipt, regardless of whether or when You open the email. Each offer will identify its actual expiration date. We also reserve the right to revoke any offer at our discretion, prior to it being accepted, by notifying You of the revocation by an e-mail which shall be deemed delivered at the time sent by the Company to Your e-mail address. Once an offer expires or is revoked, You will not be able to accept the offer.
9. Purchase price, costs, and fees:
- If the Company elects to make an offer for Your property, the offer will identify the purchase price that the Company or a third-party are willing to pay and the credits that will be deducted from that price at closing, as set forth in the offer.
- The offer(s) will be based in the information You provided, and each offer may be revised based in the event the property is not consistent with Your description of the property or if Your application is otherwise incomplete or inaccurate.
- No offer will be binding on Your or the Company or any third-party purchaser unless and until the parties have signed and entered into a purchase and sale agreement.
10. Commission. You will be obligated to provide payment to the Company of a three percent (3%) sales commission, which shall be deducted from the purchase price (the “Commission”). You will be responsible for any other real estate commissions if You have entered into listing agreements with any other companies. The Company will not agree to pay any other commissions.
11. The Company makes no representations or warranties that the purchase price of any offer will equal or exceed what would generally be considered the fair market value for the property. In fact, the purchase price may and likely will be less than what may be obtained if the property is traditionally listed for sale and publicly marketed.
12. Closing costs, taxes, and fees. You will be responsible for any title search, title insurance and escrow fees, and any other additional closing costs, in a manner customary in the state and county where the property is located, as determined by the escrow company.
13. Purchase agreement. The Guaranteed Offer Program is a solicitation to have the Company provide You with an offer but is not a contract to purchase or sell, nor is any offer to You a contract to purchase or sell. To be clear, any offer does not constitute a purchase agreement, and neither You nor the Company nor any third party will have an obligation to buy or sell the property until the parties have entered into a valid purchase agreement. Once You have reviewed and accepted the terms of an offer, You will be asked to sign a purchase agreement on a form generally used in the state in which the property is located. The closing date can be anywhere from 8 to 90 business days after Your acceptance of the offer, and You may have the option to move up to 3 days after the closing date. That information will be identified in the purchase agreement.
14. After You and the Company and/or a third-party buyer have reviewed and accepted the terms of the purchase agreement, the Company or third-party buyer will deposit the earnest money identified in the purchase agreement with an escrow company identified in the purchase agreement. The escrow company will be selected by the Company or third-party buyer. Any escrow company will be a generally accepted escrow company in the state where the property is located. The escrow agent will then send You a receipt confirming the deposit, and we will contact You to schedule Your home inspection.
15. Home inspection. A home inspection will occur prior to the closing date unless waived by the Company or third-party buyer. You will not be obligated to pay for any home inspection.
- The Company or third-party buyer may elect to purchase the property “as is” or subject to certain repairs. Either way, the Company and third-party buyer, if any, reserve the right to terminate the purchase agreement during the inspection period set forth below in their sole discretion for any discoveries made during the inspection period including, but not limited to, the condition of the house being inconsistent with Your description, or that the information provided by You is otherwise inaccurate.
- The inspection period begins the day after the purchase agreement has been signed by You and the buyer and shall continue for the period set forth in the purchase agreement, unless otherwise agreed in writing by the parties.
- The inspection will be conducted by a third-party inspector engaged by the Company or third-party buyer. You must be home during the inspection, which typically takes less than 2 hours.
- If the property is not being purchased “as is,” the Company or third-party buyer may, during the inspection period, provide to You the list of items the Company or third-party buyer determines require repair and You will have the option, within the period set forth in the purchase agreement, to elect to (1) have the items on the list repaired prior to closing (2) provide the Company or third-party buyer with an additional credit against the purchase price or (3) decline to make any requested repairs or issue a credit, in which case the Company or third-party buyer may then choose to cancel the purchase agreement or elect to proceed. If the purchase agreement is canceled, there is no penalty to either party.
- If You elect to have the items repaired, all repairs must be made by a licensed contractor and all items must be brought into compliance with applicable building codes. You will be required to provide proof of the completion of the work, including the contractors' name(s) and license number(s), before and after pictures, and receipts. Repairs must also be approved by the Company or third-party buyer during the final walk-through. Additionally, in some circumstances, the repairs required on a home may be significant and require substantial funds to complete or special expertise to manage. In these cases, rather than add unnecessary stress to our customers, the Company or third-party buyer will offer the option of a credit only.
- Whether You elect to have the items repaired or to provide the Company or third-party buyer a credit for their repair, You will be required to sign a repair credit addendum to the purchase agreement. Depending on the option that You have elected, the addendum will list the required repairs (and may provide certain additional detail, as necessary), or the credit to be provided.
16. Walk-through. One or two days prior to the closing date, the Company or third-party buyer will conduct a final walk-through to verify that the required repairs have been adequately made, and that the property is otherwise still in the same condition it was during the inspection. If the walk-through reveals that required repairs have not been adequately completed or the property is not otherwise still in the same condition it was during the inspection, additional repairs may be required and the closing may be delayed.
17. Closing. The closing date will be scheduled for the date that You selected when You accepted an offer and which is identified in the purchase agreement. If You subsequently need to change to Your closing date, You must notify us in writing as soon as reasonably possible. We will accommodate change requests, when reasonably practicable to do so as determined by us in our sole discretion. You will receive a check for the purchase price (less any agreed upon credits and any applicable fees) at closing.
18. You are responsible to leave the property in the same condition it was in during the walk-through. You are also required, as a general rule, to leave any built-in appliances and other fixtures (items that are attached in some way to the property) unless otherwise agreed in writing in the purchase agreement (including any addenda). These include (but are not limited to) Your dishwasher, built-in microwave, stove, oven, cooktops, ice machines, trash compactors, water softeners, built-in refrigerator, reverse osmosis systems, window treatments, central vacuum and central vacuum hoses, garage door openers and remotes, pool equipment, built-in barbeques, built-in fire pits, ceiling fans, light fixtures (including, but not limited to, chandeliers), pool fencing, pool cleaning systems, exterior landscape lighting and surround sound speakers.
19. Moving out. You generally will be obligated to move out of the property by the closing date. Any move-out date after the closing date will need to be identified in writing in the purchase agreement or addendum signed by all parties.
20. Final payment. The balance due to You under the purchase agreement (as may be modified during the transaction) will be paid to You, through the escrow company, on the closing date or other date identified in the purchase agreement (or addendum).
21.Before Company purchases any real property, the following must be true:
- There have been no Material Detrimental Changes to the real property since the Guaranteed Offer. “Material Detrimental Change” shall mean any change or changes to the real property subsequent to the Guaranteed Offer, regardless of its cause, that, taken individually or together, materially impact the real property’s value or habitability, as determined in Company’s reasonable, good faith sole discretion, including, but not limited to, non-minor damage to the real property; removal or modification of any major fixtures; impacts by acts of God, fire, flood, hail, wind, earthquake, war, epidemic, riot or terrorism, casualty loss; a housing market decline represented by a five percent (5%) or greater annualized decline in the seasonally adjusted Case-Shiller Real property Price Index for the region in which the real property is located measured over the most recent month for which the index is available; a stock market decline represented by a 10% or greater annualized decline in the S&P 500 Index measured from the date of the Guaranteed Offer; or in the event that Company becomes insolvent or files for bankruptcy.
- All liens and encumbrances must be paid in full or otherwise removed by You at or prior to the purchase date.
- You must have clear ownership to the real property, i.e., the real property must be in Your name, and You must have authority to sell the real property.
- Company may identify other conditions in the Real Estate Purchase Agreement at its sole and absolute discretion. You are not obligated to sell the real property unless and until You and the buyer of the real property have entered into the Real Estate Purchase Agreement.
28. GENERAL PROVISIONS:
a. LANGUAGE:All communications made or notices given pursuant to this Agreement shall be in the English language.
b. JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Websites or Services, You agree that the laws of the State of Oregon shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Clackamas, Oregon. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration under the rules of the Arbitration Service of Portland, Inc. The arbitration shall be conducted in the following county: Clackamas. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the laws of the following state: Oregon. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
e. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f. NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g. HEADINGS FOR CONVENIENCE ONLY:Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i. FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j. ELECTRONIC COMMUNICATIONS PERMITTED:Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected]
Matin Real Estate, LLC dba Cash Is King
Oregon Real Estate License No.201224007
Washington Department of Licensing No. 20605
Designated Principal broker for Oregon and Washington: Alicia Smith (Oregon Real Estate License No. 201211616 and Washington License no. 27268)
Oregon: 5441 SW Macadam Ave., No. 389
Portland, OR 97239
Washington: 1220 Main Street, Ste. 400
Vancouver, WA 98660
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY COMPANY.