In addition to these Terms and Conditions, you also accept and agree to be bound by the Seller's additional conditions of sale, as set forth in the Property Listing, as long as those conditions are not in violation of these Terms and Conditions or unlawful.
RWBids.com is solely a venue providing an interactive advertising tool for sellers of real estate to use to connect with potential buyers. RWBids.com's role is limited as a publisher of advertising and provider of such venue. The information on this site is provided solely for informational purposes and does not constitute an offer to sell or rent real estate outside the state in which the owner of the site is licensed. The role of RWBids.com is limited to advertising provided by sellers and providing a venue for communications about properties. The RWBids.com auction–style advertisements or "listings" do not involve legally binding offers to buy or sell real estate. As an internet service provider, RWBids.com is not involved in any transactions between Buyers and Sellers. Any actual purchase and sale is strictly between the Buyer and the Seller. We have no control over the quality, safety, legality, price, payment for or completion of the sale of the property offered for sale, and we have no control over the accuracy of the descriptions of property offered for sale on the Site.
RWBids.com is not an Auctioneer. Although commonly referred to as an online real estate auction marketplace, it is important to realize that RWBids.com is not a traditional "auctioneer" of the real estate offered for sale. Instead, the Site acts as a venue to allow Users to bid in an auction–style format commonly referred to as "online auctions" or "auctions." Furthermore, since RWBids.com allows the Seller to accept or reject the highest bid, the auction format is nonbinding and solely for the purpose of giving the Seller and Buyer a method of connecting with one another.
Since RWBids.com is not a party to the offer or sale of such property and is not involved in the actual transaction between Buyers and Sellers, it has no control over the legality, quality, safety, truth or accuracy regarding the properties listed, nor the ability of Sellers to sell such properties or the ability of Buyers to buy such properties. RWBids.com does not offer any legal advice or counsel to Buyer or Seller, prepare or negotiate sales contracts, show property, or hold a position of trust and confidence. There is no brokerage relationship or any agency or fiduciary relationship between RWBids.com and the Seller or Buyer. RWBids.com makes no representations regarding any of the properties listed on the Site, about the Sellers of such properties, or about the accuracy of the information provided by Sellers. Prospective buyers are advised to perform all due diligence before entering into a contract to purchase property and it is recommended that all parties seek the assistance of a real estate attorney and/or title company and/or any other entity required to be consulted in your locale.
RWBids.com makes no representation as to the financial capabilities of Buyers. Buyers agree not to bid on any property unless they intend to complete the purchase of such property. A Buyer will not be able to place any bid without first registering.
RWBids.com is not providing or attempting to provide any real estate, appraisal, legal or other professional services. If any legal, appraisal, real estate or other professional services is required, we recommend you seek advice from a licensed professional in that area. As noted further below, any professional, forms or other services linked on the RWBids.com website are not furnished by RWBids.com nor affiliated with RWBids.com and provided solely for informational purposes.
You understand and agree that any reference to listing, as in "RWBids.com listing" or "list it", or any similar language is for online usage only and does not constitute a listing as that term is or may be defined in real estate law or agency law or other applicable law. By registering as a RWBids.com User, you accept that the properties registered on RWBids.com are FOR SALE BY OWNER and RWBids.com has no brokerage or agency relationship of any kind.
You agree that you are using RWBids.com for your personal use. Any commercial use is limited to transactions done on your own behalf.
If you register as a Buyer on RWBids.com, you represent that you are not a minor, are at least over the age of 18, accept responsibility for all activities that occur under your Account or password, and agree not to sell, transfer or assign your Account or any Account rights. To register, you must provide your real name, address, phone number and email address and other information that may be required from time to time. You agree to supply RWBids.com with accurate and complete information about yourself and the property for sale/purchase. You agree not to use RWBids.com in any way that is unlawful or harms RWBids.com, its service providers, suppliers or any other user. We reserve the right to terminate your registration, access to the site and Customer Account if you falsely furnish any information or post false, inaccurate, misleading, defamatory or libelous content, or for any other abuse of the Site, as noted below. In addition, we may remove and discard any content posted by you on or through the Site, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms.
You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others outside your household may not access RWBids.com using your name in whole or in part without our permission. If you believe someone has accessed RWBids.com using your user name and password without your authorization, you must notify us by e–mail immediately. RWBids.com shall not be responsible and the User shall hold harmless RWBids.com for any actual, special, consequential or incidental losses or damages arising from the misuse, improper use or unauthorized use of their username on this Site.
Listed properties are sold AS IS unless specified otherwise in the terms/contingencies on the property details page. The Winning Bid must be equal to or greater than the Reserve Price. The Reserve Price is not published to the public but is the minimum price acceptable to the seller of the property. Bids can NOT be won without agent representation. If the User does not have agent representation, please contact Realty Wholesalers, Inc. at realtywholesalers@gmail.com or if you prefer you can call (954) 428-7180.
Reserve Pricing: Until the seller's reserve price is met, RWBids.com may counter bid on behalf of the seller. Counter bidding gives buyers and sellers more flexibility to find a mutually agreeable price. Counter bids do not occur after the seller's reserve price is met. Reserve price is not disclosed to bidders.
There are two types of online bidding formats on RWBids.com - Time Limit Bidding and No Time Limit Bidding. Time Limit Bidding is an online bidding process that ends at a specified time and date. In this format, the highest bidder at the specified time and date is the conditional winner.
No Time Limit Bidding is a process that does not end on a specific time and date. Under Time Limit Bidding the property will only be sold to the buyer if the Seller agrees to an "acceptable" Best Offer. Best Offer is decided by the seller, at its sole discretion, based on factors like offer amount, seller contributions and other factors.
Please use this guide as your initial resource for information concerning the purchase process. In the event this guide does not provide all of the information you need, please contact Realty Wholesalers, Inc. at realtywholesalers@gmail.com or if you prefer you can call (954) 428-7180.
Use the "Available Properties" link on the RWBids.com Home Page and find the home you are interested in submitting an offer or search for the property by using the Property ID found on the MLS in the Broker Remarks. The property detail page will display the highest current net offer on the property in the Bid History. Please use this information to gauge the potential success of your intended offer. No back up offers will be accepted.
It will be necessary for the Buyer or the Buyer's Agent to register on RWBids.com. The registering party will be asked to provide a personalized username and password. Keep a copy of this information for your records. The username and password will be required to access the site to monitor offer status and submit counter offers as necessary. A confirmation email will be sent to the email address provided during the registration. The confirmation email will contain a website link. Click the link to complete the registration process.
Bids made must consider any Seller's contribution the Buyer needs. For example, if the Buyer needs the Seller to contribute 3% of the purchase price towards the Buyers closing costs, then the contribution must be deducted from the Offer amount and submit the resulting amount as the Buyer's bid or NET BID.
EX: Offer Amount $100,000 Seller's Contribution Towards Buyer's CC (3%) $ 3,000 NET BID $ 97,000
Type in the NET BID amount. Neither commas nor decimals are required. Bid offers are to be submitted in increments of $500.00. Your NET BID must be at least $500.00 more than the current high bid. If a property auction has a definitive time limit it will be clearly denoted on the website. By clicking the "Submit Bid" button, you agree to deliver a Contract, signed by the Buyer, offering your bid amount and an escrow letter for the deposit amount within 2 business days of Seller's acceptance.
Scan and upload the Buyer's pre-approval letter from Lender if the Buyer intends to apply for financing to purchase the home. Make sure the Mortgage Broker/Loan Officer's contact info is included. If the Buyer is paying cash, upload a Proof of Funds to close. This is usually a current bank statement. Bids will not be accepted without uploading one or the other.
Do not email or fax offers. The seller will only accept offers submitted electronically through the RWBids.com website. The Buyer or the Buyer's Agent should input the general terms of the offer. All offers are presented directly to the Seller's for review.
CONGRATULATIONS! You are the highest bidder and/or the Seller has accepted your offer, so now what do you do? It's time to submit your offer in writing. All documentation is required to be submitted by a licensed real estate agent within 2 business days. If you do not have a real estate agent, please contact Realty Wholesalers, Inc. at (954) 428-7180 and a licensed agent will assist you. The Seller's Contract is attached to the MLS listing and must be used to submit an offer.
Documents to be Uploaded:
Your contract will be signed by the Seller ONLY if the following conditions have been met:
Winning Bids are "subject to confirmation", which means that the sale is subject to the seller's approval and acceptance of your bid. Once the seller has received the signed purchase documentation found in the contract tab of the web site, the seller will make the determination whether to accept your high bid or not. Offer acceptance requires all documentation be submitted to RWBids.com in accordance with the terms detailed in the online offer. The Seller's Contract cannot be changed for any reason. The Buyer's Agent will arrange for the earnest money deposit to be held by their real estate brokerage, Title Company or attorney. Please note RWBids.com DOES NOT hold earnest money deposits at any time. Buyer's Agent will receive the fully executed documents along with the title company contact information and confirmation via email within 72 business hours after submission.
Properties are sold "as is" without repair or warranty. The Seller's Contract grants the Buyer a three (3) day due diligence period to inspect the home. The Buyer has a unilateral right to terminate the Agreement at any time during this period without risking losing their earnest money.
This transaction shall be closed and the closing documents delivered on the date according to all provisions as per the Contract.
Other Important Items:
All commissions, Broker's fees or any other payment to any real estate professional is to be paid pursuant to the Contract Agreement between such Buyer and Seller and RWBids.com will not be responsible in any way to make any payment or guarantee such fees.
You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. You understand, acknowledge, and agree that we shall not be liable to you or any third party for any termination of your password, account, access to, or use of the services pursuant to this section. You may discontinue your participation in and access to the Site at any time, subject to the other provisions of these Terms.
RWBids.com is solely an online venue. RWBids.com is not responsible for, and does not act as agent, real estate agent, broker or listingeer. Nothing on this website shall be considered to be a solicitation to do business or any activity requiring a real estate license in any state. RWBids.com makes no representations whatsoever regarding the accuracy, completeness or otherwise as to the content of the site, property listings and advertisements. RWBids.com may publish ads without editing or review as to content accuracy or completeness and does not undertake to verify the accuracy or completeness of ads. Although RWBids.com may supervise the content of the Site, RWBids.com does not verify the material, content and information on the Site and does not assume responsibility for any damages, losses, expense or other injuries incurred by any User as a result of relying on any material, content and information posted on the Site. Neither RWBids.com nor any of its officers, directors, employees or agents will be liable for damages arising out of or in connection with the use of this site or any third party site, content or service referenced herein. Information on this site, including but not limited to property information and transaction details, should be independently verified. RWBids.com hereby expressly disclaims any representation and warranties of every kind and nature, including without limitation all implied warranties of merchantability, fitness for a particular use, title and every other kind now or hereafter imposed by any governmental authority. This is a complete limitation of liability that applies to all damages of any and every kind, including but not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties.
While RWBids.com uses reasonable efforts to include accurate and up–to–date information, we make no warranties or representations as to the accuracy of the data or information available on the Web site and assume no liability or responsibility for any error or omission in such data or information. RWBids.com does not represent or warrant that use of the services will not infringe rights of third parties. RWBids.com has no responsibility for actions of third parties or for information provided or posted by others.
All Services Are Provided "As Is" And "As Available." Neither RWBids.com, nor any of its affiliated or related companies, nor any of the employees, agents, content providers, service providers, or licensors of any of them, makes any warranty of any kind regarding and/or the content contained therein; the services; any advertising material, information, or content; third–party real estate brokerage services; products or services available on or through RWBids.com; and/or the results that may be obtained from using or the services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties which will meet your requirements or be uninterrupted, timely, secure or error free are specifically disclaimed. RWBids.com and its affiliates and related companies are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect your computer equipment or other property. Some jurisdictions do not allow the exclusion of certain implied warranties, so certain of the above exclusions may not apply to you. To the extent that we may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such application law.
The site contains facts, views, opinions, statements and recommendations of third party individuals and organizations.RWBids.com does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through them. Any reliance upon any such opinion, advice, statement or information is at your sole risk.
In no event shall RWBids.com, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any indirect, consequential, special, incidental or punitive damages, including, without limitation, damages related to loss of data, loss of good will, profits, or commercial opportunities; unauthorized access to or alteration of your transmissions or data; the services or any errors or omissions in the services or related content, even if advised of the possibility of such damages and in no event shall RWBids.com or its affiliates, related companies, employees, agents, content providers, service providers or licensors be liable for any amount for direct damages in excess of $100. In no event shall RWBids.com, or its affiliates, employees, agents, content providers, service providers or licensors be liable for any direct damages after your account remains inactive for a period of one (1) year. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold harmless RWBids.com, its parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorney's; fees and court costs) arising from or relating to any allegation regarding: (1) your use of RWBids.com; (2)RWBids.com's use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your account, even if not posted by you; and, (4) any violation of this agreement, these terms, or the terms of service by you.
These Terms and Conditions are governed by the laws of the State of Florida, without regard to its conflict of laws provision. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Broward County, Florida for any and all disputes, claims and actions arising from or in connection with the Services and/or Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys; fees and expenses.
If any part of this User's Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions herein will continue in effect. RWBids.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any in the Service. RWBids.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You agree that any claim, controversy, or dispute with RWBids.com, or its affiliates or related companies must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy, or dispute will be forever barred.
By using the Site, you agree that if you have a problem or dispute with another user of the Site, you release RWBids.com and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of a jurisdiction having a statute or common law provision similar to the California law quoted above, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge that this release and waiver is an essential and material provision of this Agreement, and that RWBids.com would not have allowed you to use the Site if you had not agreed to this release and waiver.
RWBids.com does not undertake any responsibility to attempt to monitor the Site for potential infringement of third party's; intellectual property rights, and is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of material posted on or transmitted through the Site or items listed or sold on the Site. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the Site, or by items listed on the Site, please contact us promptly by emailing us so that we may investigate the situation and, if appropriate, block or remove the offending material or item. It is our policy to disable access to infringing materials, and to terminate access of infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
Pursuant to the Digital Millennium Copyright Act "DMCA," RWBids.com is under no obligation to disclose the identity or contact information of the alleged infringer to the intellectual property owner or representative submitting the complaint absent a court–ordered subpoena, unless the alleged infringing user consents to such disclosure. See, DMCA 512.
The information required by this section should be provided to RWBids.com's agent for notice of claims of copyright or other intellectual property infringement, who can be reached via email at customerservice@RWBids.com.
RWBids.com will respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If RWBids.com removes or disables access to comply with the DMCA, we will make a good–faith attempt to inform the owner or person authorized to act on behalf of the owner of the affected material. Notwithstanding this section, RWBids.com reserves the right at any time and in its sole discretion, to remove items which in RWBids.com's judgment appear to infringe the intellectual property rights of any person.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of RWBids.com or any listing being conducted by the Sellers on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
We may terminate your registration and any of your current listings immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.
We may change the Terms from time to time without prior notification to you. Each time you access the Web site, you will be governed by the Terms then present on the Web site and in effect. If you object to any such changes, your sole recourse shall be to cease using the services. Continued use of the services following any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes, without limitation or qualification. In addition, when using particular portions of the Services, you will be governed by additional terms which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the Web site with or without notice to you. Modification of the Services can include, but is not limited to, any change to the Web site or content contained therein, changes to the administrative tools or functionality of the Web site, modification of the "look and feel" of the Web site, changes to the format of a property listing or any other part of the Web site, and the inclusion of advertising links in association with a property listing or other content available on the Web site. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short–term service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Web site. If you object to any modifications to the services, your sole and exclusive recourse shall be to cease using the services. Continued use of the services following notice of and/or posting as part of these terms of any such modifications shall indicate your acknowledgement of such modifications and satisfaction with the services as so modified.
The User Agreement and Privacy Policy are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the User Agreement and Privacy Policy for RWBids.com. In the event of a conflict between these Terms, on the one hand, and the Privacy Policy, on the other hand, these Terms shall take precedence.
These Terms constitute the entire, exclusive, and final statement of the agreement between you and RWBids.com, with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision and the remainder of the Agreement shall continue in full force and effect. Any failure of RWBids.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub–section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to RWBids.com any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.