TERMS OF SERVICE AND USER AGREEMENT
Inherited Property Match is a registered trade name of Real Estate Foundation, Inc., a Colorado corporation (“REF”).
By accessing or using InheritedPropertyMatch.com (the “Website”) or the referral services provided by REF, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use this Website or our services.
- NATURE OF SERVICES
Real Estate Foundation, Inc. operates InheritedPropertyMatch.com as a real estate broker referral service. Alan Fruitman is a licensed real estate broker in the State of Colorado, license number ER1322889.
REAL ESTATE FOUNDATION, INC. IS OPERATING EXCLUSIVELY AS A REFERRAL BROKER. We do not and will not:
- Represent you as your listing broker or buyer’s broker
- Negotiate on your behalf
- Provide real estate brokerage services for your transaction
- Advise you regarding specific properties or transactions
- Manage or participate in your real estate transaction
Our sole service is to refer (introduce) you to independent third-party real estate brokers or agents (“Referred Professionals”) who may represent you in the purchase, sale, lease, or other real estate transaction. The Referred Professional, not Real Estate Foundation, Inc., will serve as your agent or broker in any transaction.
Referral Compensation Disclosure: We may receive a referral fee from Referred Professionals when you engage their services. This fee is typically paid by the Referred Professional from their commission. Any referral fee arrangements are established through separate agreements between Real Estate Foundation, Inc. and the Referred Professional, not with you.
- NO BROKERAGE RELATIONSHIP WITH YOU
You acknowledge and agree that:
(a) No Agency Relationship: Real Estate Foundation, Inc. does not represent you and is not your real estate broker or agent. We are not acting in a fiduciary capacity on your behalf. By providing a referral, we are not creating any brokerage, agency, or fiduciary relationship with you.
(b) Independent Relationship: Any contractual or agency relationship you form with a Referred Professional is exclusively between you and that professional. We are not a party to such relationships or agreements.
(c) Referred Professional is Your Agent: The Referred Professional, if you choose to engage them, will be YOUR agent or broker (subject to your agreement with them), not our agent or sub-agent.
- REFERRAL PROCESS AND LIMITATIONS
Our referral matching is based on limited criteria such as location, property type, and broker availability. While we make reasonable efforts to refer competent professionals:
(a) We do not endorse, guarantee, or warrant the qualifications, credentials, performance, conduct, or suitability of any Referred Professional.
(b) We do not conduct comprehensive background checks beyond verification of active licensure.
(c) We cannot guarantee that any Referred Professional will: (i) accept you as a client, (ii) provide satisfactory services, (iii) successfully complete your transaction, or (iv) be the best or most suitable professional for your specific needs.
- USER RESPONSIBILITIES
You acknowledge and agree that:
(a) Independent Evaluation Required: It is your sole responsibility to independently investigate, interview, and evaluate any Referred Professional before engaging their services. You should:
- Verify current licensing status with your state’s real estate regulatory authority
- Check for disciplinary actions or complaints
- Interview multiple professionals and compare qualifications
- Request and check references from past clients
- Review and understand any representation agreement before signing
- Ensure the professional has expertise relevant to your specific needs
(b) Your Transaction Decisions: You are solely responsible for all decisions regarding the purchase, sale, lease, investment, or financing of any property. You should consult with your own independent legal, tax, financial, and other professional advisors.
(c) Due Diligence: You must conduct your own due diligence on any property, including inspections, appraisals, title review, and investigation of all material facts.
- DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, REAL ESTATE FOUNDATION, INC.:
(a) PROVIDES THIS WEBSITE AND REFERRAL SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
(b) MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING: (i) the accuracy, reliability, completeness, or timeliness of any information on the Website, (ii) the qualifications or performance of Referred Professionals beyond basic license verification, or (iii) the outcome of any real estate transaction.
(c) IS NOT PROVIDING AND DOES NOT PROVIDE: transaction brokerage services, buyer or seller representation, property valuation, appraisal services, legal advice, tax advice, financial planning, accounting services, mortgage brokerage, title services, qualified intermediary services, escrow services, engineering services, inspection services, or any other professional services beyond broker referrals.
(d) DOES NOT GUARANTEE SUCCESSFUL MATCHES, CLIENT ACCEPTANCE, TRANSACTION COMPLETION, OR SATISFACTORY OUTCOMES.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) IN NO EVENT SHALL REAL ESTATE FOUNDATION, INC., ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATED BROKERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITIES, PROPERTY DAMAGE, ECONOMIC LOSSES, OR PERSONAL INJURY ARISING OUT OF OR RELATED TO:
- Your use of this Website or our referral services
- Any referral to a Referred Professional
- Any act, omission, negligence, misconduct, or breach of duty by a Referred Professional
- Any real estate transaction or failed transaction
- Any dispute with a Referred Professional
- Any property condition, defect, or valuation issue EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR REFERRAL SERVICES SHALL NOT EXCEED THE LESSER OF: (i) $500, OR (ii) ANY AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO US FOR SERVICES (IF ANY).
(c) THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Real Estate Foundation, Inc., its owners, officers, directors, employees, affiliated brokers, agents, and affiliates from and against any and all third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising from or related to:
(a) Your use of any Referred Professional and any resulting real estate transaction or failed transaction;
(b) Any dispute, claim, or litigation between you and a Referred Professional;
(c) Any acts, omissions, negligence, or misconduct by a Referred Professional;
(d) Your breach of these Terms of Service;
(e) Your breach of any agreement with a Referred Professional;
(f) Your violation of any applicable law, regulation, or third-party right;
(g) Any property you purchase, sell, lease, or invest in; or
(h) Any misrepresentation or inaccuracy in information you provide to us or to a Referred Professional.
This indemnification obligation shall survive termination of these Terms and your use of our services.
- COMPLIANCE WITH REAL ESTATE LAWS
You acknowledge that:
(a) Real estate brokerage is regulated by state law, and different states have different requirements and consumer protections.
(b) If you are referred to a broker in a state other than Colorado, that state’s laws and regulations will govern the brokerage relationship between you and the Referred Professional.
(c) You are responsible for understanding your rights and obligations under applicable state real estate laws.
(d) We maintain required errors and omissions insurance as mandated by Colorado law for our referral activities.
- MODIFICATIONS TO TERMS
We reserve the right to modify, amend, or update these Terms of Service at any time. We will indicate changes by updating the “Effective Date” at the top of this document and will make reasonable efforts to notify users of material changes. Your continued use of the Website or our services after any modifications constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
- PRIVACY AND DATA
We collect and use personal information as described in our Privacy Policy. By using our services, you consent to our collection, use, and sharing of information necessary to provide referral services, which includes sharing your contact information, property preferences, and transaction details with Referred Professionals in our network.
- GOVERNING LAW AND DISPUTE RESOLUTION
(a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.
(b) Jurisdiction and Venue: You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Denver, Colorado for any disputes, claims, or controversies arising out of or related to these Terms, our services, or any referral.
(c) Waiver of Class Actions: TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
(d) Waiver of Jury Trial: TO THE EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.
- GENERAL PROVISIONS
(a) Entire Agreement: These Terms constitute the entire agreement between you and Real Estate Foundation, Inc. regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, promises, and representations, whether written or oral.
(b) Amendment: These Terms may not be amended except by a written document signed by both parties, or by our posting of revised Terms as described in Section 9.
(c) Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ intent.
(d) No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or any other right or provision.
(e) Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign these Terms without restriction.
(f) Binding Effect: These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives, executors, administrators, successors, and permitted assigns.
(g) Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
(h) Survival: Sections 5, 6, 7, 11, and 12 shall survive any termination of these Terms.
CONTACT INFORMATION
If you have questions about these Terms or our referral services, please contact us at:
Real Estate Foundation, Inc.
Alan Fruitman, Licensed Real Estate Broker
8751 E. Hampden Ave, Suite B2
Denver, CO 80231
1.800.841.5033