Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamagenewyork.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage New York (“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;
- 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 York real estate professionals where legally required; or
- Decline the opportunity.
Nothing displayed on the Website constitutes a binding offer to purchase real estate.
2. Direct Buyer Model
The Website expressly represents that we operate as a direct buyer rather than merely an intermediary.
Where we seek to acquire property for our own account:
- Our financial interests may differ from the seller’s interests;
- We may seek a purchase price accounting for fire damage, repairs, cleanup, carrying costs, risk, closing expenses, and expected investment return;
- We negotiate for our own account unless another written relationship expressly provides otherwise; and
- We do not automatically owe the seller duties associated with a seller’s broker, attorney, fiduciary, appraiser, insurance adviser, or financial adviser.
3. Our Role
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.
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 broker;
- Mortgage lender;
- Mortgage servicer;
- Distressed-property consultant;
- Foreclosure consultant;
- Loan-modification provider;
- Debt-relief provider; or
- Other professional adviser.
4. No Obligation to Sell
Submitting property information or requesting an offer does not obligate you to sell.
A Website submission is an inquiry and is not a real estate purchase contract.
You may reject a proposed offer unless and until you enter into a legally enforceable agreement, subject to any statutory cancellation or rescission rights.
5. No Obligation to Purchase
Submitting 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 have lawful authority 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
If an agent, contract holder, wholesaler, attorney-in-fact, trustee, executor, administrator, personal representative, or other representative submits property information, that person is responsible for having lawful authority to do so.
Nothing on this Website authorizes:
- Unlicensed brokerage;
- Unauthorized solicitation;
- Misrepresentation of property ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of another person’s information; or
- Violation of an existing purchase agreement.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages;
- Liens;
- Judgments;
- Property taxes;
- Foreclosure filings;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling;
- Repairs;
- Building permits;
- Code-enforcement records;
- Vacate Orders;
- Insurance claims;
- Tenant status;
- Probate;
- Rent-regulation status where relevant;
- Comparable sales; and
- Other matters relevant to evaluating a transaction.
9. Property Assessments
The Website describes on-site evaluation as part of its offer process.
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 prepared 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 an enforceable written purchase agreement.
A preliminary offer may change after due diligence.
11. Offer Methodology
Potential offers may consider:
- Existing property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Restoration expenses;
- Cleanout expenses;
- Permit expenses;
- Occupancy or tenant issues;
- Holding expenses;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular purchase price, valuation methodology, or financial outcome 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;
- Property taxes;
- Seller disclosures;
- Institutional-investor restrictions where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Buyer funding;
- New York City permits or orders where applicable; and
- Other legal or contractual requirements.
13. New York Property Condition Disclosure Act
New York’s Property Condition Disclosure Act generally requires a seller of covered one-to-four-family residential real property to complete and deliver the statutory Property Condition Disclosure Statement to the buyer or buyer’s agent before the buyer signs a binding contract of sale, subject to statutory exemptions.
Covered residential property generally does not include:
- Condominium units;
- Cooperative apartments;
- Unimproved property; or
- Certain homeowners-association property not owned in fee simple.
A direct cash or investor sale is not automatically exempt.
14. Statement Must Be Attached to the Contract
For a covered transaction, a copy of the Property Condition Disclosure Statement bearing the signatures of both seller and buyer generally must be attached to the real estate purchase contract.
15. New York No Longer Uses the Old $500 Credit Rule
Older New York materials may state that a seller can simply decline to provide the Property Condition Disclosure Statement and give the buyer a $500 closing credit.
That is outdated.
The statutory $500-credit alternative was repealed.
Covered sellers should not rely on the former credit as a substitute for providing the required disclosure.
16. Fire and Smoke Damage Are Expressly Addressed
New York’s current statutory disclosure form specifically asks:
“Is there any fire or smoke damage to the structure or structures?”
If the answer is yes, the seller must explain.
Fire damage is therefore expressly within New York’s statutory residential disclosure form.
17. Related Fire-Damage Disclosure Categories
Fire damage may also affect statutory questions concerning:
- Rot or water damage;
- Roofs;
- Foundations;
- Interior walls and ceilings;
- Exterior walls or siding;
- Floors;
- Plumbing;
- Heating;
- Air conditioning;
- Chimneys;
- Fireplaces;
- Stoves;
- Smoke detectors;
- Carbon-monoxide detectors;
- Fire sprinkler systems;
- Mold;
- Hazardous substances;
- Flooding;
- Septic systems;
- Electrical systems; and
- Other property conditions.
18. Actual Knowledge Standard
The Property Condition Disclosure Statement is based on the seller’s actual knowledge.
New York does not require a seller to:
- Conduct a new property inspection solely to complete the form;
- Hire an engineer solely to complete it; or
- Search public records solely to complete it.
The seller must nevertheless complete the form truthfully and completely to the seller’s actual knowledge.
19. The Disclosure Is Not a Warranty
The statutory Property Condition Disclosure Statement:
- Is not a warranty by the seller;
- Is not a warranty by a real estate agent;
- Is not a substitute for professional inspections;
- Is not a substitute for environmental testing; and
- Does not prevent the buyer from reviewing public records.
20. Revised Disclosure Before Closing
If the seller acquires knowledge that makes a previously delivered Property Condition Disclosure Statement materially inaccurate, the seller generally must provide a revised statement as soon as practicable.
No revised statement is required after the earlier of:
- Transfer of title; or
- Occupancy by the buyer.
21. Liability for Willful Noncompliance
A seller who willfully fails to perform duties under New York’s Property Condition Disclosure Act may be liable for the buyer’s actual damages, in addition to other available statutory or equitable remedies.
The Act does not eliminate other existing causes of action.
22. Property Disclosure Exemptions
New York provides specified exemptions from the disclosure requirement.
These include certain:
- Court-ordered transfers;
- Probate or estate transfers ordered by a court;
- Bankruptcy-related transfers;
- Foreclosure-related transfers;
- Deeds in lieu of foreclosure;
- Transfers between certain co-owners;
- Certain family transfers;
- Government-related transfers; and
- Other statutorily identified transfers.
An exemption should be confirmed for the actual transaction.
23. As-Is Transactions
New York expressly permits parties to enter an agreement for sale of property “as is.”
However, an as-is agreement does not automatically eliminate:
- The Property Condition Disclosure Act where it applies;
- Fraud liability;
- Intentional concealment;
- Contractual representations;
- Federal disclosure requirements;
- Home Equity Theft Prevention Act protections;
- Distressed-property-consultant rules;
- Tenant protections;
- Title obligations;
- Governmental orders; or
- Other non-waivable legal duties.
24. No Universal Fire-Document Package
New York does not impose one universal rule requiring every fire-damaged seller automatically to deliver every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Building permit;
- Remediation record; or
- Inspection report
to every purchaser.
A particular document may nevertheless be:
- Required by contract;
- Relevant to explaining the disclosure statement;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by a governmental agency; or
- Required under another law.
25. No Universal Requirement to Repair Before Sale
New York does not impose one statewide requirement that every fire-damaged house be completely repaired before it can be sold.
A property may potentially be sold in damaged condition.
Separate:
- Building codes;
- Unsafe-building requirements;
- Vacate Orders;
- Repair orders;
- Fire-code requirements;
- Permit requirements;
- Utility restrictions;
- Environmental requirements;
- Occupancy restrictions;
- Insurance requirements; and
- Contract terms
may nevertheless affect the property.
26. New York’s Institutional-Investor 90-Day Rule
Beginning July 1, 2025, New York Real Property Law Article 16 prohibits a statutorily defined covered entity from purchasing, acquiring, or even offering to purchase or acquire an interest in a single-family or two-family residence unless the residence has first been listed for sale to the general public for at least 90 days.
This provision can directly affect an off-market cash-buyer model.
27. Who Is a Covered Entity
A covered entity generally includes:
- An “institutional real estate investor” as defined by statute; or
- Certain entities that receive funding from an institutional real estate investor to acquire the residence.
The statutory institutional-investor definition includes specified entities or combined groups that satisfy conditions involving:
- Ownership of at least ten single-family and/or two-family residences;
- Management or receipt of pooled investor funds while acting in a fiduciary capacity; and
- At least $30 million in net value or assets.
Specified nonprofits, land banks, community land trusts, and certain creditors acquiring property in satisfaction of secured debt are excluded.
Applicability must be evaluated based on the actual purchaser and funding structure.
28. Price Changes Restart the 90-Day Period
Where Article 16 applies, if the seller changes the property’s asking price, the statutory 90-day period generally restarts.
A covered purchaser generally may not make a new qualifying offer until the property has been publicly listed at the new asking price for another 90 days.
29. Covered Purchaser Disclosure
At the time a covered entity makes an offer, it generally must provide the seller or seller’s agent with the statutorily prescribed form:
- Identifying itself as a covered entity;
- Confirming that it is subject to the 90-day waiting period;
- Signed by the purchaser or authorized agent; and
- Notarized.
30. Attorney General Filing
A covered entity generally must file the required purchaser form with the New York State Department of Law within three days after providing it to the seller or seller’s agent.
Failure to comply can expose a covered entity to substantial penalties.
31. Penalties for Violating the 90-Day Rule
A covered entity that violates New York’s 90-day waiting-period requirements may face civil damages and penalties of up to $250,000.
Separate penalties of up to $10,000 can apply to violations involving the covered-entity disclosure and filing obligations.
32. No Representation That Every Investor Is Covered
Article 16 does not automatically apply to every individual or small real estate investor.
Before applying the 90-day restriction, the actual ownership, pooled-fund, asset-value, and financing facts should be reviewed.
33. Fast-Offer Marketing Must Respect Article 16
Any Website statement promising:
- Immediate offers;
- Same-day offers;
- 24-hour offers; or
- Similar rapid acquisitions
is subject to New York Article 16 where the purchaser is a covered entity and the property is a covered one- or two-family residence.
No marketing statement authorizes an offer that New York law prohibits during the statutory waiting period.
34. New York Real Estate Brokerage Law
New York generally requires a real estate broker license where a person or business, for another and for a fee, commission, or other valuable consideration, performs specified real estate activities.
Those activities can include:
- Listing property;
- Selling;
- Buying;
- Offering or attempting to negotiate a sale;
- Negotiating a purchase;
- Exchanging property;
- Renting property; and
- Negotiating certain transfers of interests in real estate.
35. Principal Purchaser Versus Broker
A genuine principal purchaser negotiating to acquire property for its own account is differently situated from a person acting for another for compensation.
Nothing on the Website authorizes unlicensed brokerage.
A business should not rely solely on labels such as:
- Investor;
- Cash buyer;
- Acquisition specialist;
- Wholesaler; or
- Consultant
if its actual conduct consists of compensated brokerage for another person.
36. Referral and Commission Payments
New York restricts payment of real estate brokerage compensation to unlicensed persons for activities requiring a real estate license.
Referral or lead-compensation structures should therefore be evaluated carefully where the recipient performs or assists with licensed brokerage activity.
37. Contract Assignments and Wholesaling
As of October 7, 2026, New York does not maintain one general statewide wholesaler-specific registration and seller-disclosure regime comparable to dedicated wholesaling statutes enacted in certain other states.
That does not mean all contract assignments are automatically outside New York’s brokerage laws.
The actual conduct, compensation, contractual rights, advertising, and relationship among the parties control.
38. Contractual Interest Is Not Legal Title
Holding a:
- Purchase agreement;
- Option;
- Assignment right; or
- Equitable interest
is different from holding record title.
A contract holder should not falsely represent that:
- It owns the property;
- It is the deed owner;
- Title has already transferred;
- It is conveying legal title when only contractual rights are being assigned; or
- It possesses rights beyond those actually granted by the agreement.
39. Assignment Depends on Contract and Law
Whether a New York purchase agreement may be assigned depends on:
- Contract language;
- Anti-assignment provisions;
- Required consent;
- New York contract law;
- Real estate licensing requirements;
- Foreclosure protections;
- Article 16 where applicable; and
- Other legal requirements.
Nothing on this Website guarantees assignability.
40. Foreclosure and Mortgage Default
The Website may attract owners who are:
- Behind on mortgage payments;
- In default;
- Facing foreclosure;
- Experiencing tax distress; or
- Seeking a rapid sale.
New York imposes particularly strong protections on certain distressed homeowners.
A cash acquisition from such an owner should not be handled as an ordinary distressed-property transaction without reviewing the applicable statutes.
41. New York Home Equity Theft Prevention Act
New York’s Home Equity Theft Prevention Act (“HETPA”), Real Property Law §265-a, regulates specified transactions involving an owner-occupied one-to-four-family principal residence that is in foreclosure or, in certain circumstances, mortgage default.
The Act is designed to protect homeowners from deceptive or unfair equity-purchase transactions.
42. Mortgage Default Definition
For purposes of HETPA, “default” generally means the homeowner is two months or more behind in mortgage payments.
Different provisions apply depending on whether the property is already in foreclosure and whether a reconveyance arrangement is involved.
43. Covered Contracts
A covered contract generally includes:
- A contract incident to the sale of a qualifying residence in foreclosure; and
- Certain transactions involving a residence in foreclosure or default that include a reconveyance arrangement.
Whether a particular transaction is covered should be determined before the acquisition contract is signed.
44. HETPA Contract Requirements
A covered contract is subject to detailed statutory requirements concerning:
- Type size;
- Language;
- Completion of all blanks;
- Purchaser contact information;
- Total consideration;
- Payment terms;
- Possession;
- Lease terms;
- Reconveyance terms;
- Statutory warnings; and
- Cancellation notices.
These Website Terms do not replace the statutory contract.
45. Fourteen-Business-Day Cancellation Right
Under current New York law, an equity seller generally has the right to cancel a covered HETPA contract until midnight of the fourteenth business day after the contract is signed.
Older summaries describing a five-business-day cancellation period may be outdated.
46. Restrictions During the Cancellation Period
Before the fourteen-business-day cancellation period expires, a covered equity purchaser generally may not:
- Accept or induce execution of a conveyance;
- Record a seller-signed conveyance;
- Transfer or encumber the property interest;
- Pay consideration to the seller; or
- Encourage the seller to waive the statutory cancellation right.
47. No Misleading Foreclosure Statements
A covered equity purchaser may not make false or misleading representations concerning:
- Property value;
- Expected foreclosure proceeds;
- Foreclosure timing;
- Contract terms;
- The seller’s rights;
- The nature of documents being signed;
- The purchaser’s professional status; or
- Other material matters.
48. Purchaser Must Not Pretend to Be the Seller’s Adviser
New York specifically restricts a covered equity purchaser from representing that the purchaser acts:
- As the homeowner’s adviser;
- As the homeowner’s consultant; or
- On behalf of the homeowner
when the purchaser is actually acquiring the property for its own benefit.
This direct-buyer Website should therefore maintain a clear principal-purchaser role.
49. Material Violations Can Create Extended Rescission Rights
A transaction materially violating specified HETPA provisions can be voidable.
New York law allows an equity seller, in qualifying circumstances, to seek rescission for up to two years after recording of the conveyance, subject to protections for bona fide purchasers or encumbrancers.
50. Sale-Leaseback and Reconveyance Arrangements
HETPA imposes additional restrictions where the acquisition includes:
- A leaseback;
- An option to repurchase;
- A promise to convey an interest back to the seller; or
- Another reconveyance arrangement.
Such arrangements should receive transaction-specific legal review.
51. Ability-to-Pay Requirement
A covered reconveyance arrangement generally requires the equity purchaser to verify through appropriate documentation that the equity seller has, or is likely to have, a reasonable ability to meet obligations associated with the promised reconveyance.
52. Independent Attorney Closing for Reconveyances
Where a covered reconveyance arrangement involves the purchaser obtaining a deed or mortgage, HETPA generally requires an in-person closing conducted by an attorney who is not employed by or affiliated with the equity purchaser.
53. 82% Equity Protection
In a covered reconveyance arrangement where title is not ultimately reconveyed to the former homeowner, New York generally requires the equity purchaser to ensure that the equity seller receives consideration totaling at least 82% of the property’s fair market value, subject to the statute’s detailed calculations and timing rules.
54. Distressed Property Consultants
New York separately regulates distressed property consultants under Real Property Law §265-b.
A covered consultant generally is a person or business that, for compensation, promises services to a homeowner with a distressed home loan or at risk of losing a home for unpaid taxes.
Covered services can include representing that the consultant will:
- Stop or postpone foreclosure;
- Obtain forbearance;
- Obtain reinstatement;
- Obtain refinancing;
- Extend reinstatement rights;
- Obtain waiver of acceleration;
- Obtain funds;
- Assist with foreclosure papers;
- Reduce foreclosure-related credit harm; or
- Save the home from foreclosure or tax loss.
55. Distressed Property Consulting Contracts
A covered consulting contract generally must:
- Be in writing;
- Contain the entire agreement;
- Be provided for review before signing;
- Use at least 12-point type;
- Use the language used in negotiations;
- Fully describe services;
- Fully disclose compensation;
- Identify the consultant; and
- Contain specified statutory warnings and cancellation forms.
56. Five-Business-Day Consultant Cancellation Right
A homeowner generally may cancel a covered distressed-property-consulting contract until midnight of the fifth business day after signing.
57. No Advance Fees for Covered Consulting
A covered distressed property consultant generally may not charge or accept payment before all promised consulting services have been completed.
58. Consultant Cannot Take the Homeowner’s Deed
New York generally prohibits a covered distressed property consultant from:
- Inducing transfer of the deed;
- Accepting ownership of the homeowner’s deed; or
- Using the consulting relationship as a means to acquire the distressed homeowner’s property.
A business seeking to purchase the property should not simultaneously operate as the homeowner’s paid distressed-property consultant.
59. Distressed-Property Advertising
Where a business actually operates as a covered distressed property consultant, New York imposes specific advertising disclosures concerning free or similar services potentially available from government-approved housing counselors.
An ordinary direct purchaser should avoid marketing itself as a foreclosure-relief consultant unless it is prepared to comply with those requirements.
60. Requesting a Cash Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving an offer, or negotiating a sale does not automatically:
- Stop a foreclosure case;
- Stop a foreclosure sale;
- Cure mortgage default;
- Reinstate a loan;
- Modify a mortgage;
- Create forbearance;
- Extend a court deadline; or
- Require the lender or servicer to postpone enforcement.
A homeowner facing foreclosure should independently verify all deadlines.
61. No Foreclosure-Rescue Guarantees
Unless separately authorized and legally qualified, we do not represent that:
- We act for your lender;
- We act for your mortgage servicer;
- We act for New York or the federal government;
- We guarantee foreclosure will stop;
- We guarantee a loan modification;
- We will negotiate the 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 option.
62. Federal Mortgage-Assistance Rules
Where separate conduct constitutes mortgage-assistance-relief services under federal law, additional federal requirements may regulate:
- Advance fees;
- Advertising;
- Required consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
63. New York City Fire-Damaged Property
Where property is located within New York City, additional New York City requirements may apply.
These local requirements are separate from statewide seller-disclosure, foreclosure, and licensing laws.
64. NYC Vacate and Repair Orders
The New York City Department of Housing Preservation and Development or Department of Buildings may issue orders concerning property that is:
- Unsafe;
- Uninhabitable;
- Fire-damaged;
- Structurally dangerous; or
- Otherwise detrimental to life, safety, or property.
Where a Vacate Order applies, occupants generally may not legally reoccupy until the issuing agency rescinds or lifts the order.
65. Fire-Related Commissioner’s Orders
HPD may issue a Commissioner’s Order where a building is vacated in whole or in part because fire damage prevents full access to affected areas.
The order can remain in effect while required repairs are completed.
A sale does not automatically cancel such an order.
66. Tenants Displaced by NYC Fire Orders
Where tenants have been displaced because of an HPD fire-related Order to Repair/Vacate or Commissioner’s Order:
- Temporary relocation services may be available;
- Costs may become chargeable against the property in qualifying circumstances; and
- The owner’s obligations can continue after the fire.
67. Right of Reoccupation After Order Rescission
When conditions underlying an HPD fire-related order are corrected and the order is rescinded, the owner may have to notify displaced tenants of their right to reoccupy their apartments.
A buyer should therefore not assume that a fire-vacated building is legally free of tenant rights.
68. Sale Does Not Automatically End Tenancy
A sale of New York or New York City rental property generally does not, by itself, terminate existing lawful tenancy rights.
A purchaser should evaluate:
- Existing leases;
- Rent stabilization;
- Rent control;
- Good Cause Eviction protections where applicable;
- Security deposits;
- Vacate Orders;
- Fire displacement;
- Reoccupation rights;
- Buyout agreements;
- Pending eviction proceedings; and
- Other applicable tenant protections.
69. NYC Emergency Repair Work
New York City allows licensed contractors to perform certain qualifying emergency work before a normal permit is issued where immediate work is necessary to address an emergency or hazardous condition.
An Emergency Work Notification must be filed within the time required by the Department of Buildings.
Qualifying emergency work can include stabilization of unsafe structural conditions and specified fire-protection or utility repairs.
70. Emergency Work Notification Is Not a General Permit
An Emergency Work Notification is not a blanket authorization for an entire reconstruction project.
Once the full scope of work is known, additional:
- Building permits;
- Plumbing filings;
- Electrical filings;
- Fire-suppression permits;
- Structural plans;
- Special inspections; or
- Other approvals
may be required.
71. NYC Licensed Contractors
New York City requires licensed or registered contractors for various categories of regulated construction work.
A property acquisition does not itself authorize:
- Structural reconstruction;
- Plumbing work;
- Electrical work;
- Fire-suppression work;
- Demolition; or
- Other regulated contracting activity.
72. Code Violations and Orders Survive the Marketing Process
A sale does not automatically:
- Remove a Vacate Order;
- Cure a housing violation;
- Close an open permit;
- Legalize unpermitted work;
- Restore a Certificate of Occupancy;
- Restore utility service; or
- Satisfy an unsafe-building requirement.
Known violations and orders should be addressed in due diligence and the transaction documents.
73. Cleanup and Debris Removal
The Website advertises free property cleanout.
Any:
- Debris removal;
- Demolition;
- Asbestos work;
- Lead-related work;
- Hazardous-material handling;
- Environmental remediation;
- Construction; or
- Other regulated service
must comply with applicable licensing, disposal, environmental, worker-safety, permit, and governmental requirements.
Nothing in these Terms represents that we personally perform regulated contracting work unless lawfully authorized to do so.
74. Fast Offer and Closing Claims
The Website advertises a rapid direct-sale process.
Statements concerning:
- Immediate cash;
- Offers within days;
- Rapid closing;
- No inspections;
- No repairs;
- No commissions; or
- Similar expedited terms
describe intended or potential transaction structures and are not guarantees.
Actual timing may depend on:
- New York’s 90-day institutional-investor rule where applicable;
- Ownership;
- Title;
- Mortgages;
- Liens;
- Property-condition disclosures;
- Foreclosure protections;
- Probate;
- Insurance;
- Tenant rights;
- Property access;
- City orders or permits;
- Buyer funding; and
- Closing requirements.
75. Fair and Competitive Offer Claims
The Website describes its cash offers as fair, competitive, and reflective of the property’s condition.
Those statements should not be interpreted as a guarantee that:
- The offer equals appraised fair market value;
- The offer equals repaired retail value;
- No other buyer would offer more;
- The seller could not obtain a higher net price through another sales method; or
- A particular valuation formula will be used.
The signed purchase agreement controls the actual price.
76. No Agent Commission Claims
The Website advertises direct transactions without traditional agent commissions.
Where the seller sells directly without a listing broker, a conventional listing commission may not apply.
If a New York licensed real estate professional participates, compensation obligations are governed by applicable agreements and law.
77. 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 separately established through a legally compliant relationship.
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.
78. Pending Insurance Claims
If property is sold while an insurance claim remains pending, transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related insurance benefits.
79. Insurance Rights Do Not Automatically Transfer
Sale of a fire-damaged property does not automatically transfer:
- The seller’s insurance policy;
- A pending claim;
- Claim proceeds;
- Recoverable depreciation; or
- Other insurance rights.
Those issues depend on policy language, applicable insurance law, mortgage-holder rights, insurer requirements, timing of the loss, and the transaction documents.
80. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A seller seeking assistance negotiating an insurance claim should work with an appropriately licensed professional or attorney where required.
81. Probate, Estate, Trust, and Inherited Property
Submitting inherited, estate, probate, or trust property does not establish authority to sell.
A transaction may require:
- Executor authority;
- Administrator authority;
- Trustee authority;
- Court documentation;
- Participation of beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
82. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.
Nothing on this Website replaces those federal requirements.
83. Condominiums and Cooperatives
New York’s Property Condition Disclosure Act generally excludes condominium units and cooperative apartments from its definition of covered residential real property.
That does not mean such transactions have no disclosure, offering-plan, board, building-condition, contract, fraud, or other legal requirements.
Condominium and cooperative transactions should be evaluated separately.
84. 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.
85. New York Recording Law
New York is generally a one-party-consent jurisdiction for ordinary telephone recording.
A participant generally may record the communication without obtaining consent from every other participant.
Because interstate communications may involve jurisdictions requiring all-party consent, additional notice or consent may be required.
Where another applicable law imposes a stricter requirement, the stricter requirement controls.
86. Text Messages
If you provide a mobile 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 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.
87. 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 include an unsubscribe mechanism.
88. Privacy
Our processing of personal information is described in our Privacy Policy.
89. Independent Decision-Making
Selling fire-damaged real estate can have substantial:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Tenant;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A New York attorney;
- A licensed New York real estate professional;
- A landlord-tenant attorney where relevant;
- A tax professional;
- An accountant;
- An insurance professional;
- A qualified contractor;
- An engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
90. 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;
- Tenant-law advice; or
- Foreclosure advice.
91. No Automatic 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.
If a licensed New York real estate professional participates, applicable agency and brokerage disclosures control.
92. Acceptable Use
You may not:
- Use the Website unlawfully;
- Submit fraudulent property leads;
- Knowingly provide materially false information;
- Impersonate another person;
- Submit 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.
93. 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 New York.
You may not commercially reproduce protected Website content without authorization.
94. 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.
95. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
96. 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 governmental violations;
- Completion of a transaction; or
- A particular financial result.
97. Marketing Claims
Website statements describing our services as:
- Fair;
- Competitive;
- Immediate;
- Fast;
- Transparent;
- Stress-free;
- Hassle-free;
- No-fee; or
- Similar language
describe intended or potential service characteristics and do not guarantee a particular economic outcome.
98. Testimonials
Testimonials describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same timing;
- The same transaction structure; or
- The same result.
99. 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.
100. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE NEW YORK 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 a separately executed:
- Purchase agreement;
- Assignment agreement;
- Brokerage agreement;
- HETPA covered contract;
- Distressed-property-consulting agreement;
- Tenant agreement;
- Insurance-related agreement;
- Contractor agreement; or
- Other transaction-specific document
unless that agreement expressly provides otherwise and applicable law permits it.
101. 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 section eliminates liability that applicable law does not permit to be excluded.
102. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage New York 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.
103. Governing Law
These Terms are governed by the laws of the State of New York, except where another law must apply.
104. Venue and Disputes
Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, landlord-tenant, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in New York.
These Website Terms do not impose mandatory arbitration.
Nothing in these Terms overrides a statutory right making arbitration void or voidable in a covered HETPA or distressed-property-consulting transaction.
105. Non-Waivable New York Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- New York Property Condition Disclosure Act;
- New York Real Estate Broker licensing law;
- New York Home Equity Theft Prevention Act;
- New York distressed-property-consultant law;
- New York Real Property Law Article 16;
- New York General Business Law;
- New York SHIELD Act;
- New York security-breach law;
- New York landlord-tenant law;
- New York City Housing Maintenance Code where applicable;
- New York City Building Code where applicable;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
106. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Property Condition Disclosure Statements;
- Article 16 institutional-investor forms;
- HETPA contracts;
- Distressed-property-consulting contracts;
- Statutory cancellation forms;
- Tenant notices or agreements;
- 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.
107. 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.
108. 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.
109. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
110. 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 Website 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 York contract law;
- New York real estate licensing law;
- HETPA where applicable;
- Article 16 where applicable; and
- Other applicable requirements.
111. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
112. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage New York
New York
United States
Website: ibuyhouseswithfiredamagenewyork.com