General terms of service:
The listing services provided by this Website are administrative only. By using the services found on RealEstateDump.com, we do not imply or make contract that using this services in any way requires us to buy or sell the real estate.
We require all buyers and sellers to be represented by a licensed real estate professional. We do not allow a buyer to make a bid on real estate listed by their own real estate agent.
We are not foreclosure counselors, debt counselors, or make claim to represent any particular party to the transaction.
If you are the high bidder on a winning auction, or win an auction in general. This does not necessarily mean that your bid will be accepted by the seller's lender(s). It is the listing agent's responsibility to negotiate your bid amount with the seller's lender(s).
Likewise if your property is listed on RealEstateDump.com, and the auction closes with a high bidder? This does not necessarily mean that your lender(s) will accept that offer. It is up to your listing agent to negotiate this with your lender(s).
All offers are pending bank approval unless otherwise stated in the listing.
This agreement contains an arbitration provision. Please review the entire agreement, including the arbitration provision at the end before using this Website.
As in any transaction, real estate professionals and their services are to be utilized at your own risk. Just because a real estate professional is part of our network, or maintains membership on our web site, does not mean standard due diligence should be ignored.
WEBSITE OWNERSHIP: RealestateDump.com is owned by RealEstateDump, LLC.
RealEstateDump, LLC
P.O. Box 21722
Eagan, MN 55121
Doing business on RealEstateDump.com are local branch offices of RealEstateDump.com that may be owned in full or in part by RealEstateDump, LLC.
Or they may be privately owned.
Realestatedump.com, which is referred to below as “we” or “us” or “our”. “You” means the user of the website as a non professional consumer of our services. “Agent” means any real estate agent that uses our site to represent any client. (An “Agent” must also abide by the terms written for “You” where applicable.) “Member” Means any one or entity other than you or us that is involved in this site. This may be the buyer/ seller, your agent or any other, a lender, advertiser, broker, etc.
TERMS OF USE AGREEMENT: Please read this Terms of Use Agreement ("Agreement") carefully. By accessing this Website and any pages hereof, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or use the services on this Website.
You agree that you will only use this Website and transact business if you are at least 18 years old. Your use of this Website indicates your consent to be bound by this Agreement. You agree that you will not use or attempt to use this Website for any purpose: 1) that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property, 2) that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited e-mail, unsolicited commercial communications, 3) that transmits any harmful or disabling codes or viruses, 4) that interferes with our network services; 5) that attempts to gain unauthorized access to our network services, 6) that impairs or limits our ability to operate this Website or any other person's ability to access or use this Website. You agree that you are fully responsible and indemnify us for damages arising from your misuse of this Website as described above. The creation and existence of this web site does not imply that the use of this site is the only, or best course of action for you in your situation.
We reserve the right at all times, in our sole discretion and without notice to you, to deny your access to and use of this Website. We reserve the right to discontinue use of this Website in any state if required by law, or for any other reason deemed reasonably necessary by us. If we do so, we may be unable to facilitate the completion of the bidding process. This does not necessarily void your contract with whomever real estate professional you have any written contracts with, or any other written contracts you may have provided or received as a result of this website.
You are responsible for researching and practicing due diligence on any and all “Agents” and/or Members from whom you do business with via this Website. We do not accept any loan or other type of application; perform any credit checks or underwriting. We cannot guarantee if the bids made available via this Website are the best available for that day or by the agent making the bid.
After use of the Website, and if you choose to provide us feedback based upon your use of any agent’s services or this Website. We recommend that you discuss any problems that you may have with the agent directly with that agent; however we welcome whatever feedback you provide on that agent.
In some instances, a referral fee may be charged to real estate agents for closed transactions. The fee(s) will be paid to the brokerage(s) of the agent(s) that were party to the transaction. Promotions of things like a Free Home Warranty or cash back when you use an agent from the site will only be allowed in states that allow such promotions.
SECURITY & PRIVACY POLICIES: The security of your personal information is our first priority. We do not collect any information on our site that is normally considered “Sensitive” or “Private” The information we collect, is for the most part considered “Public information”. Even though the information we collect is not considered “Sensitive” or “Private” We make every attempt to protect any data you provide that could potentially be considered “Inconvenient” if used in deceptive or unethical methods. And restrict that information too only those real estate professionals who are key to the transaction, in no more intrusive means than any standard client/ agent relationship.
IMPORTANT NOTE: Do not respond to unsolicited e-mails that claim to come from us, or any e-mail from any unknown party asking you to submit personal information or financial data. We do not use e-mail to request this type of information. We may use email to contact you with information on the availability of bids, and other administrative reasons.
USE OF WEBSITE: By use of the Website, you agree that you will only provide true and accurate information. You authorize us to provide your non sensitive information to Members serving your area. And post your property listing information on our web site for the public to use in accordance with our rules and regulations. As well, you are not to use any one else’s posted information in any way not intended by this web site. We are not your agent. We do not seek services on your behalf. We provide your information to our Members in order for them to solicit your business. We do not broker loans or real estate sales on behalf of any Member. You should rely on your own judgment in deciding which available loan product and/or Member, if any, best serves your needs and financial means. Members are solely responsible for services provided to you. You must contact Members in order to obtain services. You agree to indemnify us and hold us harmless for any damages or costs of any type arising out of in any way connected with the use of a Member service.
This Website and the services we provide are available only in connection with real estate sales in the fifty states and the District of Columbia unless otherwise specified. We expressly reserve the right to discontinue, suspend or terminate the offering of any service in any state through this Website.
We cannot guarantee that the terms and conditions of bids you make or receive will constitute the actual terms and conditions of any agreement you may sign with a participating Member. Members base bids on the information provided by the seller. Members' bids are not offers to make a loan, to sell the property, or to provide an insurance product.
You and your agent must contact the Member and enter into a separate written agreement with that Member subject to the terms and conditions you negotiate with that Member, driven by the initial terms of your bid. Likewise, we do not guarantee that the terms or conditions contained in the bids provided by Members through this Website are the best terms or lowest rates available in the market. Unless expressly stated in writing, no bid shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.
USE OF INFORMATION:
No information found on this web site about any person, property, mortgage, or financial position shall be miss-used in any way as defined by reasonable people, or applicable laws. Information shall not be reproduced, or made available to unauthorized people.
Members participate on the site for free. There is currently no upfront fee to use our web site. In some markets, real estate agents may agree to pay a small referral fee for closed transactions from the site, if so, this agreement will be separate from this contract.
When an agent signs up to provide its services on this Website, we ask the agent to provide their valid agent license number allowing them to buy or sell real estate under federal or state law to engage in business with users of this Website. We do not independently conduct any investigation into the license held by your agent. Although we take certain steps to examine the credentials of our agents and other Members, we make no guarantees or representations regarding such entity or the quality of the services they may provide.
CONTACTING YOU: You agree that by selecting an agent to contact you, you are extending an express invitation for that agent to contact you by telephone, e-mail, fax, mail or other reasonable means consistent with the information that you provide on this Website. You hereby consent to any such contact even if your phone number is on the federal "Do Not Call" List. We do not forward any of your personal information without your consent.
RETENTION OF YOUR INFORMATION: You understand that, to the extent permitted by applicable law, Members may keep the information you provide to them whether or not you complete a real estate transaction with them.
INDEMNIFICATION: As a condition of use of this Website, to the extent permitted by applicable law, you agree to indemnify us from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Website, and your relationship with a Member. You understand that we do not in any way influence your relationship with the agents Member(s) you choose. We only provide the contact information of particular real estate professional(s). And that this use is still to be considered use at your own will, and your own risk.
LINKS TO THIRD PARTIES: For your convenience this Website and or e-mails generated from this web site may contain advertisements or links to websites maintained by third parties. We do not operate or control in any respect the information, software, products or services available on such websites. Our inclusion of a link to a website or an advertisement does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. By using this Website or any third party obtained from our web site, you acknowledge and agree that we will not be responsible or liable to you or any other person for any damages or claims that might result from your use of third party Websites.
ERRORS AND DELAYS: We are not responsible for any errors or delays at any point in the bidding process caused by incorrect information provided by you or other technical problems beyond our reasonable control.
ADDITIONAL TERMS: This Agreement constitutes the entire agreement between you and us and it supersedes all prior communications, promises and proposals, whether oral, written or electronic, between you and us with respect to this Website and information, software, products and services associated with it. To the extent permitted by applicable law, this Agreement shall be subject to and construed in accordance with the laws of the State of Minnesota. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
SEVERABILITY: You agree that if any provisions of this Agreement shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed sever able from the other provisions of this Agreement and shall not affect the validity and enforceability of such other provisions.
ARBITRATION PROVISION: This Arbitration Provision significantly affects your rights in any dispute with us. Please read it carefully before you use this Website.
- EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT.
- IF A DISPUTE IS ARBITRATED, YOU AND WE WILL EACH GIVE UP OUR RIGHT TO A TRIAL BY THE COURT OR A JURY TRIAL.
- IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US.
- THE INFORMATION YOU AND WE MAY OBTAIN IN DISCOVERY FROM EACH OTHER IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
In this Arbitration Provision, "you" and "your" refer to the Website user, and "we," "us" and "our" refer to the RealestateDump, and its affiliates.
Any claim or dispute, whether in contract, tort or otherwise (including the interpretation and scope of this clause and the arbitrability of any issue), between you and us or our employees, agents, affiliates, successors or assigns, which arises out of or relates in any manner to the use of RealestateDump.com or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election (or the election of any such third party), be resolved by neutral, binding arbitration and not by a court action. Any claim or dispute is to be arbitrated on an individual basis and not as a class action, and you expressly waive any right you may have to arbitrate a class action (this is called the "class action waiver").
You may choose the applicable rules of either the American Arbitration Association (1-800-778-7879) or the National Arbitration Forum (1-800-474-2371). We waive the right to require you to arbitrate an individual (as opposed to a class) claim if the amount you seek to recover, including attorneys' fees and expenses, is less than $2,500. You may obtain a copy of the rules of these organizations by calling the numbers indicated or by visiting their web sites.
The arbitrators shall be attorneys or retired judges and shall be selected in accordance with the applicable rules. The arbitration award shall be in writing, but without a supporting opinion. The arbitration hearing shall be conducted in the federal district in which you reside. If you demand arbitration first, you will pay one half of any arbitration filing fee. We will pay the rest of the filing fee, and the whole filing fee if we demand arbitration first or if the arbitrator determines that applicable law requires us to do so or that you are unable to do so or that we must do so in order for this Arbitration Provision to be enforceable. We will pay the arbitration costs and fees for the first day of arbitration, up to a maximum of eight hours. We will advance costs and fees on your behalf if directed to do so by the arbitrator, subject to later allocation by the arbitrator. We will also pay any fees and charges that the arbitrator determines that we must pay in order to assure that this Arbitration Provision is enforceable. The arbitrator shall decide who shall pay any additional costs and fees.
The arbitrator's award shall be final and binding on all parties, except that in the event of an award of zero or in excess of $100,000, or in the event of an grant of injunctive relief, the losing party may request a new arbitration under the rules of the arbitration organization by a three-arbitrator panel.
This Arbitration Provision relates to a use of a website involving interstate commerce. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.).
Both you and we retain the right to seek provisional remedies from a court. Neither you nor we waive the right to arbitrate by exercising self-help remedies, filing suit, or seeking or obtaining provisional remedies from a court. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
If any part of this Arbitration Provision other than the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder shall be enforceable. If the Class Action Waiver is found by a court or arbitrator to be unenforceable, the remainder of this Arbitration Provision shall be unenforceable. This Arbitration Provision shall survive the termination of any contractual agreement between you and us.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Correspondence regarding this Agreement and your use of the Website may be sent to: RealestateDump, LLC, P.O. Box 21722, Eagan, MN 55121.