1.1
Property Information
Any financial statements, photos, addresses, or other information and documentation provided to you (collectively, the “Property Information”) is confidential and intended solely for your personal use in considering the purchase or investment of the specified property (“Property”).
1.2
Confidentiality Obligation
You agree not to disclose, distribute, or share the Property Information with any third party without the express prior written consent of EC Agency. This includes, but is not limited to, posting the Property Information online or sharing it via email, social media, or any other platform not authorized by EC Agency.
2.1
Purpose of Vendor Requirement
In order to maintain the privacy of these off-market opportunities and ensure smooth, efficient closings, you agree to utilize our preferred vendors for lending, property management, inspection, insurance, and any other necessary services if you decide to move forward with the purchase of the Property.
2.2
Scope of Preferred Vendors
Preferred vendors include all service providers we designate, such as lenders, property managers, contractors, inspectors, title companies, insurance brokers, and any other professionals involved in facilitating the transaction.
2.3
Exceptions and Waivers
While we strive to offer cost-effective, high-quality services through these trusted vendors, we may waive this requirement on a case-by-case basis if:
The vendor(s) cannot provide the necessary services at a reasonable cost, orThe vendor(s) are otherwise unavailable or unable to meet particular requirements critical to the transaction.
A higher quote alone does not necessarily justify the use of an outside vendor; however, if a vendor truly cannot meet your needs under reasonable terms, you must obtain prior written consent from EC Agency before engaging an alternative service provider.
2.4
Rationale for Vendor Requirement
By coordinating with our vetted network of professionals, we maintain strong confidentiality, minimize complications, and expedite issue resolution. This structure benefits both the buyer and the seller by promoting a streamlined, secure transaction.
3.1
No Unauthorized Marketing
You shall not re-list, re-publish, advertise, or otherwise market the Property Information—whether online, through social media, listings platforms, or other channels—without prior written approval from EC Agency.
3.2
Breach of Confidentiality
Any unauthorized marketing or disclosure of the Property Information will be considered a breach of this agreement, and EC Agency may pursue legal remedies to protect its rights and interests.
4.1
Non-Broker Statement
EC Agency is not a licensed real estate brokerage and does not represent either party as a real estate agent or broker. Nothing in these Terms and Conditions shall be construed to create an agency relationship, partnership, or broker relationship between you and EC Agency.
4.2
Independent Decision-Making
You acknowledge that you are solely responsible for making all decisions related to the purchase of the Property. EC Agency does not act as your advisor, legal counsel, or representative in any capacity.
5.1
Referral Scope
EC Agency may refer you to third-party service providers (including but not limited to property managers, contractors, inspectors, lenders, insurance brokers, or licensed agents) to facilitate the transaction. These referrals are provided for your convenience based on our established relationships.
5.2
No Liability for Services
EC Agency has no direct involvement in, nor any responsibility for, the services, advice, or actions provided by these third-party professionals. You retain the right to evaluate and accept or reject any specific service provider, subject to the vendor requirements outlined in Section 2.
6.1
Buyer’s Agent or Broker Fees
EC Agency does not offer, and is not obligated to pay, any commission, referral fee, or other form of compensation to any buyer’s agent or broker.
6.2
Buyer’s Responsibility
Should you choose to engage a buyer’s agent or broker, you agree that you are solely responsible for any resulting fees, commissions, or costs incurred in connection with those services.
7.1
“As Is” Provision
All Property Information is provided on an “as is” basis. While EC Agency strives to ensure the information is accurate and up-to-date, we do not make any warranties or representations—express or implied—regarding its completeness, reliability, or accuracy.
7.2
Independent Verification
You agree to conduct your own independent due diligence, including verifying all Property details, and to consult with appropriate legal, tax, or financial advisors prior to making any purchase decision.
8.1
Exclusion of Damages
Under no circumstances shall EC Agency be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to your access, use, or reliance on the Property Information. This includes any financial loss or damages resulting from any decision or action taken in connection with the Property.
8.2
Assumption of Risk
By requesting and reviewing the Property Information, you acknowledge that real estate transactions involve inherent risks. You expressly assume all risks associated with evaluating and potentially purchasing the Property.
9.1
Buyer’s Indemnity Obligation
You agree to indemnify, defend, and hold harmless EC Agency and its respective officers, employees, agents, and affiliates from any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use or misuse of the Property Information,Any breach of these Terms and Conditions, orAny claim by a third party arising from or related to your actions or omissions in connection with this Property.
10.1
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Property is located (or such other jurisdiction as EC Agency may designate), without regard to any conflict of law principles.
10.2
Venue and Jurisdiction
Any dispute or claim arising under or in connection with these Terms and Conditions shall be resolved exclusively by the state or federal courts located within the designated jurisdiction. You hereby submit to the personal jurisdiction of such courts for the purpose of any litigation.
11.1
Integration Clause
These Terms and Conditions constitute the entire agreement between the parties concerning your access to and use of the Property Information. It supersedes any prior agreements, understandings, or discussions—written or oral—relating to this subject matter.
11.2
Amendment and Waiver
No modification or amendment to these Terms and Conditions shall be effective unless in writing and signed by both parties. Any waiver of any provision hereunder shall not be deemed a waiver of any other provision, nor shall it constitute a continuing waiver unless expressly stated in writing.
By requesting, receiving, and/or reviewing any Property Information from EC Agency, you confirm that you have read, understood, and agree to abide by these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you must immediately cease accessing or using the Property Information and notify EC Agency accordingly.