Terms & Conditions

NOTE: CERTAIN PROPERTY LISTINGS CONTAIN A NOTICE STATING "SPECIAL TERMS APPLY" FOLLOWED BY A LINK TITLED "VIEW TERMS." THESE PROPERTY LISTINGS ("SPECIAL TERMS LISTINGS") CONTAIN SPECIAL TERMS APPLICABLE TO THE PROPERTY LISTING THAT ARE VIEWABLE UPON CLICKING THE VIEW TERMS LINK AND MAY NOT BE APPLICABLE TO OTHER LISTINGS ON THE SITE. IN CASE OF ANY CONFLICT BETWEEN THE SPECIAL TERMS AND THE BELOW TERMS, THE SPECIAL TERMS SHALL CONTROL.

This is a legal agreement ("Agreement") between you and Mis Amigos, LLC, d/b/a/ Bid4Real.com, ("Mis Amigos", “Bid4Real”, "us", "our" or "we"). Please note that by accessing the Bid4Real website (www.bid4real.com) and its related services and tools (collectively, "Bid4Real") or any of its affiliated websites ("Affiliated Websites"), you agree to be bound by these terms. Please allow 24 hours for account activation, and note that you will not be able to place bids or offers until your account has been activated. We may amend this Agreement at any time by posting the amended terms.

This Agreement applies to all properties listed for sale on Bid4Real or its Affiliated Websites via Reverse Auction Listings, Ascending Auction Listings, or Fixed Price Auction Listings.

Winning Bidders (as hereinafter defined) shall be required to execute a Purchase and Sale Agreement (the "Purchase Agreement"). The Purchase Agreement will contain the exact terms & conditions of the sale of any property listed on Bid4Real or its Affiliated Websites. In case of any conflict between these terms and conditions and the Purchase Agreement, the Purchase Agreement shall control.

As used in this Agreement, the following terms have the following meanings:

"Agreement" has the meaning assigned to such term in the preamble hereof.

"Bidder" means a person who places a bid or offer on a property.

"Buyer" means a person who places a Winning Bid on a property.

"Buy It Now" or “BIN” is an option available on certain auctions and reverse auction properties, where the Seller indicates a "Buy It Now" price. If a Buyer agrees to pay the
"Buy It Now" price that Buyer is automatically the Winning Bidder and the bidding process closes.  An auction may or may not employ random BIN triggers.  When employed, random triggers are automatically generated by the system and applied to the bid series when the auction is activated.  The BIN is triggered when a Bidder hits a price that was assigned. The Bidder will then have the option to buy at the current price or to let the option expire and the bidding will continue.

"Affiliated Websites" has the meaning assigned to such term in the preamble hereof.

"Earnest Money" is the good faith deposit Buyers pay after agreeing with the Seller on a price for the property to show they're serious about the offer.  

"Bid4Real" has the meaning assigned to such term in the preamble hereof.

"Licensed Real Estate Agent" is a licensed real estate salesperson or broker representing the Seller in the state in which they are licensed.

"Minimum Reserve Listing" is an Auction Listing that also has a minimum initial bid amount listed on the property's listing page.

"Mis Amigos" has the meaning assigned to such term in the preamble hereof.   "Auction Listing" is an online sale process in which the Seller will consider offers for a fixed period of time (i.e., there is a specific time limit to the online listing). 

"No Time Limit Bidding" occurs on No Time Limit Listings. The Seller may accept any offer at any time from a potential Buyer.

"No Time Limit Listing" is an online sale process in which the Seller will consider offers for an indefinite period of time (i.e., there is no specific time limit on the listing).

"Purchase Agreement" has the meaning assigned to such term in the preamble hereof.

"Purchase Price" with respect to a non-Special Terms Listing means the Winning Bid Amount and does not include other amounts payable by you at closing, such as escrow/closing fees, property taxes, insurance, etc.

"Purchase Price" with respect to a Special Terms Listing means the final price the Seller accepts and any applicable fees or premiums will be billed in a separate invoice that will appear on the HUD-1 at closing.

"Reserve Price" means the unpublished minimum price set by the Seller for a property subject to an Auction Listing. The Seller may or may not choose to disclose the Reserve Price on the property page. Even if you meet the Reserve Price, the listing period continues (unless the Buy It Now price is also met) for the scheduled listing time period to give other Bidders the opportunity to bid.

"Seller" means a person or entity who has placed a property for sale on Bid4Real or its Affiliated Websites, whether via an Ascending Auction Listing, a Reverse Auction Listing, or a Fixed Price Auction Listing.    

"Winning Bid" means (a) for an Auction Listing, the highest bid on a Property at the conclusion of the time limit that meets any applicable minimum bid or reserve requirements, and (b) for a Reverse Auction Listing, the closing bid at the time the auction time expires or if the Buy It Now bid is selected, if available. The Seller is not obligated to sell the property to a person or entity, including those with a winning bid, until a Purchase Agreement has been executed by all parties required by the Purchase Agreement.
"Winning Bidder" means the person or entity who places the Winning Bid.

"Special Terms Listing" is, as defined above, a listing that is identified as having a notice titled "Special Terms Apply" followed by a link titled "View Terms." Unless otherwise specified, all provisions of this Agreement apply to Special Terms Listings as well as non-Special Terms "Winning Bid Amount" means the proposed purchase amount set forth in a Winning Bid.

1. Membership Eligibility:

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our services. Further, your account and user ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement, any Purchase Agreement and any other real estate related agreements. If you do not have such authority, you will be held individually liable for all actions taken under your user ID.

2. Fees and Services:

(a) Bidders - You must be a registered user of the site to bid. The cost of bids will vary.  Each auction requires a seat to be purchased prior to participating in the auction.  You can purchase a bundle of bids, and any unused bids are 100% refundable.  There are different types of fees that you may be obligated to pay if you place the Winning Bid. Below is a description of these fees:

(i)(A) Earnest Money The minimum required Earnest Money deposit is calculated based on a pre-determined percentage of your winning bid or offer amount. The required deposit ranges from 1% to 7%, but is never less than $1,000. The Earnest Money deposit percentage for a specific property is shown on the property's details page. If you are unable to comply with the terms & conditions of the executed Purchase Agreement, your Earnest Money deposit may not be refunded. Otherwise, the amount will be applied at closing to the Purchase Price.

You must pay the Earnest Money deposit to the Closing Agent named in the Purchase Agreement no later than 5:00 pm ET on the second business day following your receipt of the fully executed Purchase Agreement.

(i)(B) Earnest Money for Special Terms Listings. For Special Terms Listings, the provisions of this subsection 2(a)(i)(B) shall control. The minimum required Earnest Money deposit is calculated by the Seller, and outside the control or input of Mis Amigos. This minimum amount will be specified in the Purchase Agreement, and may be held in a Licensed Real Estate Agent's escrow account or with a closing agent. You must pay the Earnest Money deposit to the party named in the Purchase Agreement.

3. This Online Bidding Site is a Venue

3.1 Not an Auctioneer. This online bidding site is not an auctioneer. There is no individual conducting an auction as you would have in a live auction setting. Instead, our site acts as a venue to allow anyone to offer, sell, and buy property, in a variety of ways, including Ascending Auction Listing, Reverse Auction Listing, Fixed Price Auction Listing and Buy it Now Listing. We are neither a broker, an agent of the Buyer or Seller, nor involved in the actual transaction between Buyers and Sellers. As a result, Bid4Real has no control over the truth or accuracy of the listings, the Seller's ownership interest in the listed property, or the ability of a Buyer to close on the transaction.

3.2 Identity Verification. We use many techniques to identify our users when they register. However, because user verification on the Internet is difficult, Bid4Real and its Affiliated Websites cannot and do not confirm each user's purported identity. We encourage you to report any instances of fraud or other circumstances that call into question the purported identity of any user of Bid4Real or its Affiliated Websites.  Bid4Real shall have no obligation to (i) resolve disputes among users of the services; or (ii) monitor or verify the accuracy or proper use of the services.

3.3 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release Mis Amigos, Bid4Real and its Affiliated Websites (and our officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of this site or such disputes.

3.4 Information Control. We do not control the information on our sites provided by other users. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution, common sense and safe business practices when using Bid4Real and its Affiliated Websites. Please note that there may also be risks of dealing with underage persons, foreign nationals and people acting under false pretenses.

3.5 Server or Other Technological Issues. Bid4Real and the Affiliated Websites may, from time to time, not operate optimally, at normal speed, with full functionality, or at all. In our sole discretion, at any time we may choose to shut down Bid4Real and/or the Affiliated Websites for any amount of time, thereby ceasing the ability for some or any people or entities to view or search for some or any listings or to place any bids for listings. The decision to shut down and re-enable Bid4Real and/or the Affiliated Websites, in whole or in part, rests solely with us. After shutting down Bid4Real and/or the Affiliated Websites, we may decide to re-list or extend the time of Auction Listings (or any other listings) that were pending during the time that Bid4Real and/or the Affiliated Websites were shut down. By utilizing Bid4Real and the Affiliated Websites, you understand and agree that they are provided "AS-IS" and that, while we strive to provide a seamless and satisfying experience for all of our users, Bid4Real assumes no responsibility for the temporary unavailability of the site or the timeliness, transport, outage, deletion, mis-delivery or failure to store/retrieve any user commands, data, communications or personalization settings in connection with Bid4Real and the Affiliated Websites.

4. Bidding and Buying:

4.1 Bidding on a property indicates your intent to purchase that property and is considered a legally binding offer to enter into a contract between yourself and the Seller of the property, which offer remains open until the Seller sells the property to another Buyer or until the property is relisted. As a Buyer, you are obligated to complete the transaction with the Seller if you submit a Winning Bid. NOTWITHSTANDING THE FOREGOING OR ANYTHING IN THIS AGREEMENT, THE PURCHASE AGREEMENT, OR ANY OTHER DOCUMENTATION TO THE CONTRARY, THE SELLER IS NOT OBLIGATED BY RECEIVING ANY BID, INCLUDING WITHOUT LIMITATION A WINNING BID, TO SELL THE PROPERTY TO THE BUYER, OR ANY OTHER PERSON OR ENTITY UNTIL A PURCHASE AGREEMENT HAS BEEN EXECUTED BY THE SELLER AND ANY OTHER PERSONS OR ENTITIES REQUIRED BY THE PURCHASE AGREEMENT.

4.2 Any person who fails to consummate a purchase after submitting a Winning Bid may be barred from participating in future sales or bidding on our sites. Similarly, if you default in payment of any Earnest Money Deposit, you may be barred from participating in future sales or bidding. By making a bid on a property, you agree to be bound by the conditions of sale included in the listing so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids cannot be withdrawn by the Buyer once placed.

4.3 If you fail to complete the transaction you may be in breach of contract and subject to legal claims by the Seller, and/or other parties to the transaction, including but not limited to Bid4Real, its Affiliated Websites and their subsidiaries and affiliates, the Seller's broker and the Buyer's broker (if applicable).

4.4 The Seller of a property listed for sale pursuant to an Auction Listing will have an option to extend the time remaining for the Auction Listing by fifteen (15) minutes when there is bidding activity in the last fifteen (15) minutes before the scheduled time for closing. After the Auction Listing has been extended once, the Listing will be automatically extended for successive fifteen minutes periods until fifteen (15) minutes have passed with no bidding activity, in which case the Auction Listing will be closed. The extension of the Auction Listing in this manner will allow all Bidders adequate time to respond.

4.5 We make every effort to inform Buyers in a timely manner via email of Sellers' responses to bids or offers on properties, as well as other information that may affect bids or offers.

4.6 For Special Terms Listings, the Winning Bid will be subject to approval from the Seller, in the Seller's sole discretion. Seller reserves the right to a final review of all bids received. Seller may accept or reject any bid regardless of whether or not the Reserve Price has been met. The Winning Bidder will receive a communication if the Winning Bid is approved by the Seller. The consideration received by a Buyer placing a bid or offer on a Special Terms Listing is that the Seller will consider the bid or offer and decide whether to accept the bid or offer in a timely manner. Sometimes, technical issues delay emails from being sent as quickly as we would like, so we cannot guarantee email notifications. Please visit the "Messages" section of "My Account" for updates on pending bids or offers from Sellers.

5. Property Inspection/Disclaimers:

5.1. (a) Property Status for Non-Special Terms Listings. THIS SUBSECTION 5.1(a) ADDRESSES NON-SPECIAL TERMS LISTINGS ONLY, AND SHALL HAVE NO BEARING OR EFFECT ON ANY SPECIAL TERMS LISTINGS. ALL PROPERTIES LISTED FOR SALE ON BID4REAL AND ITS AFFILIATED WEBSITES ARE FOR SALE "AS IS WHERE IS WITH ALL FAULTS" WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER, UNLESS REQUIRED BY LAW. Without limiting any other provision of this Agreement or the Purchase Agreement, you acknowledge and agree that you are bidding for and, if the Winning Bidder, acquiring the property in its present state and condition as of the date you submit the bid, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may hereafter arise or be determined by a survey of the property. Furthermore, the property is subject to all terms and conditions set forth on the property's listing page. You acknowledge and agree that Sellers, Bid4Real and its Affiliated Websites have not made, do not make and specifically negate and disclaim any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the property, including without limitation: (a) the value, nature, quality or condition of the property, including, without limitation, the water, soil and geology; (b) the income to be derived from the property; (c) the suitability of the property for any and all purposes, activities and uses which you may conduct thereon; (d) the compliance of or by the property or its operation with any laws, rules, ordinances or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the property; (f) the manner or quality of the construction or materials, if any, incorporated into the property; (g) the manner, quality, state of repair or lack of repair of the property; (h) the existence of any view from the property or that any existing view will not be obstructed in the future; (i) the conformity of the improvements to any plans or specifications for the property that may be provided to you; (j) the conformity of the property to applicable zoning or building code requirements; (k) the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (l) whether the property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (m) any other matter with respect to the property. You acknowledge that the property may not be in compliance with applicable zoning, building, health or other law or codes, and that the Seller may not have occupied the property and that the property may not be in habitable condition. You further acknowledge and agree that, without limitation, the Seller and Bid4Real have not made, do not make, and specifically disclaim any representation regarding compliance with the Americans With Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations or orders or requirements, as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under. You and anyone claiming by, through or under the same hereby fully and irrevocably release all Sellers, Mis Amigos, Bid4Real, its Affiliated Websites, their respective affiliates, employees, officers, directors, representatives, attorneys and agents from any and all claims that you may now have or hereafter acquire against Sellers, Mis Amigos, Bid4Real, its Affiliated Websites, their respective affiliates employees, officers, directors, representatives, attorneys, and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or relating to any construction defects, efforts, omissions, or other conditions, including environmental matters, affecting the property(-ies), or any portion thereof. This release includes claims of which you are presently unaware or do not presently suspect to exist in your favor which, if known, would materially affect your release of Bid4Real and its Affiliated Websites. You should consider these matters when registering as a Bidder and placing bids with Bid4Real or its Affiliated Websites.

5.1(b). Property Status for Special Terms Listings. THIS SUBSECTION 5.1(b) ADDRESSES SPECIAL TERMS LISTINGS ONLY, AND SHALL HAVE NO BEARING OR EFFECT ON ANY NON-SPECIAL TERMS LISTINGS. ALL SPECIAL TERMS LISTINGS LISTED FOR SALE ON BID4REAL AND ITS AFFILIATED WEBSITES ARE FOR SALE WITH NO EXPRESS OR IMPLIED GUARANTEES OR WARRANTIES WHATSOEVER BY MIS AMIGOS, ITS AFFILIATES, BID4REAL, AND/OR THE AFFILIATED WEBSITES, UNLESS REQUIRED BY LAW. Without limiting any other provision of this Agreement or the Purchase Agreement, you acknowledge and agree that you are bidding for and, if the Winning Bidder, acquiring the property in its present state and condition as of the date you submit the bid, with all defects, both patent and latent, and with all faults of the property whether known or unknown, presently existing or that may hereafter arise or be determined by a survey of the property. Furthermore, the property is subject to all terms and conditions set forth on the property's listing page, and any other terms and conditions specified by the Seller or the Licensed Real Estate Agent for the property. You acknowledge and agree that Mis Amigos, Bid4Real and its Affiliated Websites have not made, do not make and specifically negate and disclaim any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the property, including without limitation: (a) the value, nature, quality or condition of the property, including, without limitation, the water, soil and geology; (b) the income to be derived from the property; (c) the suitability of the property for any and all purposes, activities and uses which you may conduct thereon; (d) the compliance of or by the property or its operation with any laws, rules, ordinances or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the property; (f) the manner or quality of the construction or materials, if any, incorporated into the property; (g) the manner, quality, state of repair or lack of repair of the property; (h) the existence of any view from the property or that any existing view will not be obstructed in the future; (i) the conformity of the improvements to any plans or specifications for the property that may be provided to you; (j) the conformity of the property to applicable zoning or building code requirements; (k) the existence of soil instability, past soil repairs, susceptibility to landslides, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (l) whether the property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (m) any other matter with respect to the property. You acknowledge that the property may not be in compliance with applicable zoning, building, health or other law or codes, and that the Seller may not have occupied the property and that the property may not be in habitable condition. You further acknowledge and agree that, without limitation, the Seller and Bid4Real have not made, do not make, and specifically disclaim any representation regarding compliance with the Americans With Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations or orders or requirements, as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated there under. You and anyone claiming by, through or under the same hereby fully and irrevocably release all Sellers, Mis Amigos, Bid4Real, its Affiliated Websites, their respective affiliates, employees, officers, directors, representatives, attorneys and agents from any and all claims that you may now have or hereafter acquire against Sellers, Mis Amigos, Bid4Real, its Affiliated Websites, their respective affiliates, employees, officers, directors, representatives, attorneys, and agents for any cost, loss, liability, damage, expense, demand, action or cause of action arising from or relating to any construction defects, efforts, omissions, or other conditions, including environmental matters, affecting the property(-ies), or any portion thereof. This release includes claims of which you are presently unaware or do not presently suspect to exist in your favor which, if known, would materially affect your release of Bid4Real and its Affiliated Websites. You should consider these matters when registering as a Bidder and placing bids with Bid4Real or its Affiliated Websites. The availability of any Special Terms Listing for an inspection, and the process by which you may arrange for an inspection, is solely within the discretion of the Seller, and Mis Amigos, Bid4Real, and the Affiliated Websites have no control or input regarding such inspections.

5.2 DISCLAIMER. BID4REAL AND ITS AFFILIATED WEBSITES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE ACCURACY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON BID4REAL OR ITS AFFILIATED WEBSITES.

6. Your Information:

6.1 Responsibility. You are solely responsible for any information you provide to us or other users in the registration, bidding or listing process or through any email feature. Bid4Real and its Affiliated Websites act merely as a passive conduit for online distribution and publication of your information.

6.2 Prequalification Letters. For certain properties, you may be required to upload a copy of a prequalification letter. By uploading a prequalification letter, you represent that the document is a bona fide prequalification letter and that its contents are true and correct in all respects.

6.3 Restricted Activities. Your information and your activities on the site shall not: (a) be fraudulent, false, inaccurate or misleading; (b) knowingly infringe upon any third party's proprietary rights or right of privacy; (c) violate any law, statute, ordinance or regulation (d) be defamatory, libelous, threatening or harassing; (e) contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Furthermore, you may not list any property on Bid4Real websites, or consummate any transaction that was initiated using Bid4Real websites, that could cause us to unknowingly participate in or contribute to the violation of any applicable law, statute, ordinance or regulation. Furthermore, you represent that you are not prohibited by any applicable law, statute, ordinance, regulation or court order, from entering into any purchase transaction or taking ownership of any property obtained using the Bid4Real website.

6.4 License. Solely to enable this site to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information. This license may be revoked by written notice from you. You agree that Bid4Real and its Affiliated Websites, shall have the right to use any information submitted to it for any purpose, including, without limitation, publication of all or part of such information on the Internet for unrestricted use by Bid4Real and its Affiliated Websites.  Bid4Real and its Affiliated Websites shall have sole authority to choose the manner in which any information will be received, displayed, integrated and used, and reserves the right to remove all or any part of the information or refuse services to anyone at any time in its sole discretion.

7. Access and Interference: You agree that you will not use any electronic device, software or process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any electronic device, software or process to interfere with or attempt to interfere with the proper working of Bid4Real or its Affiliated Websites or any activities conducted on Bid4Real or its Affiliated Websites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on Bid4Real and its Affiliated Websites is updated on a real-time basis and is proprietary or is licensed to Bid4Real and its Affiliated Websites by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from Bid4Real or its Affiliated Websites without the prior expressed written permission of Bid4Real or the appropriate third party.

8. Breach: Without limiting other remedies, we may immediately remove your property listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

9. Privacy: Please see Privacy Statement, which is incorporated herein by reference.

10. No Warranty: Please see our separate disclaimer, section 5 above.

11. Indemnity: You agree to indemnify and hold Bid4Real and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Bid4Real and its Affiliated Websites and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of property.

13. No Agency: You and this website are independent contractors, and no agency, brokerage, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14. Limitation of Liability: You agree to hold the Seller, Seller's broker and/or us harmless from any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus or line failure. You further agree to hold the Seller, Seller's broker and/or us harmless for any special or consequential damages that result from the use of, or the inability to use, the website, the materials on the website, or the online bidding platform even if there is negligence or we or an authorized representative has been advised of the possibility of such damages, or both.

We reserve the right, subject to Seller approval, to rerun Auction Bidding events if there is an interruption, defect, delay in operation of transmission, computer virus or line failure during the event or if the Seller has not executed a Purchase and Sale Agreement.

15. Escrow

15.1 Escrow for non-Special Terms Listings. For non-Special Terms Listings, after submitting a Winning Bid, you must comply with the Seller's escrow provisions set forth on the applicable property's details page. You are strongly advised to work with a Buyer's agent who will arrange for the Earnest Money Deposit to be held by a title company, closing attorney or escrow office. Bid4Real DOES NOT hold Earnest Money Deposits at any time.

15.2 Escrow for Special Terms Listings. For Special Terms Listings, after submitting a Winning Bid, you must comply with the escrow provisions set forth on the Purchase Agreement. You are strongly advised to work with a Buyer's agent who will arrange for the Earnest Money Deposit to be held by a title company, closing attorney or escrow office. Bid4Real DOES NOT hold Earnest Money Deposits at any time, and neither Bid4Real nor Mis Amigos have any control over the amount or terms of the Earnest Money Deposits for any Special Terms Listings.

16. General:

16.1 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16.2 Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by this site without your written consent, to a third party in the event of a merger, sale or acquisition. You may not assign any of your rights hereunder without prior approval by Bid4Real or its Affiliated Websites. You may not assign any rights you may have in any bid without the consent of the Seller.

16.3 Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

16.4 Breach. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

16.5 Entirety. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

16.6 Relationship. This site is not intended for use by Buyers or brokers or Sellers with any personal relationship, familial or otherwise, to individuals involved with the operation of the site, including employees of Bid4Real, its Affiliated Websites or employees of affiliated businesses. By registering on the site you warrant that no such relationship exists, and you agree to be solely liable for any claims that may arise in the event such representation proves to be false.

16.7 Links to Third-Party websites.  Bid4Real is not responsible for the availability of any other site to which this it links. Bid4Real does not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will Bid4Real be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

16.8 Refusal of Service. Additionally, Bid4Real and its Affiliated Websites reserve the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.

16.9 Disputes. All parties agree that any and all disputes arising from your use of Bid4Real or its Affiliated Websites will be resolved solely through the Federal Courts in Texas. The laws of the State of Texas shall govern this Agreement, without reference to its conflicts of laws. The parties consent to personal jurisdiction to the courts of Harris County, Texas.

16.10 Acceptance. All persons registering on this site unconditionally accept the above terms & conditions, plus the specific terms & conditions for each individual listing posted on this site. You agree to abide by all such terms & conditions fully and without recourse to Bid4Real and its Affiliated Websites, who is not involved by virtue of owning and operating Bid4Real or its Affiliated Websites in the actual transaction between the parties and assumes no control or liability over any issues that may arise as a result of the transaction.

16.11 Intellectual Property Notice. Mis Amigos, Bid4Real, the Bid4Real logo and all other marks identified herein are trademarks or service marks of Mis Amigos or its subsidiaries. These marks may be registered with the United States Patent and Trademark Office and Intellectual Property Offices of other countries.

16.12 Restriction on Use. You may not distribute, modify, transmit, reuse, report, or use the contents of the Bid4Real site for public or commercial purposes, including the text, images, audio, and video without written permission.

17. Other Terms & Conditions for Special Terms Listings: The provisions of this Section 17 apply only to Special Terms Listings, and shall have no effect on any non-Special Terms Listings.

17.1 Acknowledgment s and Responsibilities of Licensed Real Estate Agents Adding Listings.

Any Seller or Licensed Real Estate Agent who adds a listing of a property to Bid4Real or the Affiliated Websites hereby:

  (a) acknowledges that listing the property on Bid4Real or the Affiliated Websites does not ensure or guarantee that the property will receive offers, receive bids, or be sold;

  (b) acknowledges and warrants that the listing is made on behalf of, and with permission from, the Seller of such property;

  (c) agrees to load the property on Bid4Real or the Affiliated Websites correctly, and to contact Bid4Real with any questions as to proper loading;

  (d) agrees to enter the correct list price and Reserve Price under proper authority of the Seller;

  (e) agrees to enter a proper description of the property and ensure all other information regarding the property is correct during the entire time the property is listed on Bid4Real or the Affiliated Websites;

  (f) agrees to specify in the appropriate MLS listing that all property offers should be made and entered through the Bid4Real platform; 

  (g) agrees to enter or have entered on Bid4Real or the Affiliated Websites any offer such Licensed Real Estate Agent or the Seller of such property receives to purchase such property outside of Bid4Real or the Affiliated Websites; and

  (h) agrees to indicate on Bid4Real or the Affiliated Websites within a reasonable time frame whether the Seller of the property has accepted a Winning Bid for the property. 

17.2 Seller or Licensed Real Estate Agent Indemnification

Any Seller or Licensed Real Estate Agent who adds a listing of a property to Bid4Real or the Affiliated Websites that does not comply with the foregoing obligations of Section 17.1 shall indemnify Mis Amigos and its affiliates for any and all damages, costs, fees (including attorney's fees) arising out of the addition of such property to Bid4Real or the Affiliated Websites.

18. Other Terms & Conditions for SMS Messaging:

As a service to our users, Bid4Real offers SMS messaging.  In compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”) as promulgated by the United States Federal Communications Commission (FCC), as well as other similar state and federal laws, the following disclosures are hereby set forth;

18.1 Users may not be automatically enrolled into an SMS program. Users must indicate their express (opt-in) consent by knowingly volunteering their mobile number, providing an electronic signature or using a handset-originating command to join the program.  By providing this consent, the user unambiguously agrees to receive future SMS alerts and SMS offers by, or on behalf of Bid4Real, at the telephone number so designated.  Your consent to these terms is in no way a condition of sale of goods or provision of services.

18.2 By participating in this program, you consent to receive SMS messages sent by an automated telephone dialing system which may be recurring, meaning that they may be received on an on-going basis from Bid4Real. Standard message and data rates may apply for SMS messages from our business.  Any information obtained as a result of your participation in this program will be handled in compliance with our Privacy Statement, which is incorporated herein by reference.

18.3 Users may exit (opt out) of this program at any time by visiting Bid4Real.com and selecting “SMS and Email Settings” under the user’s profile. In order to receive help with this program, you will find instructional videos under “How Things Work”.