EQHome Market, LLC, (“EQH”) has contracts with various individuals and corporations, Realtors etc. (“Sellers”) to market and advertise specific properties (“Property” or “Properties”) through its online real estate marketing and offer management platform, EQHomeMarket.com. All properties offered on EQH’s website shall be offered subject to the Sellers’ approval of the price and final terms and conditions. The Properties shall be offered through an Internet auction like process with a specified opening and closing date.
NOTE: If you are a Real Estate Agent wanting to bid for yourself or your client that All USERS MUST AGREE TO THE BIDDER TERMS BEFORE BIDDING.
Site Usage The first step to using this site effectively is Registration. Registration is currently free and is necessary to unlock many of the site’s features. You can bid in increments or our “Place Bid” feature allows the computer to bid for you up to your “Maximum Bid.” Also, because different computers have different connection speeds, waiting until the last 5 or 10 seconds to place your bid is not recommended. The countdown clock on EQHomeMarket.com should be considered accurate but not exact. Many processes can affect what actual time a user sees on their screen such as computer processor speeds, internet connection speeds, etc., so please do not wait until the last few minutes of an auction to place a bid.
It is highly recommended that if you intend to place an offer or a bid, you should do so early to get a feel for the bidding process, and you should also use “Maximum Bid” feature, a feature designed to allow the computer to bid for you at the end so you are assured of getting your bids placed. If you choose to wait until the last few minutes or seconds of the countdown clock to place your bid and your system lags or your bid does not get placed, EQH bears no responsibility for re-offering the property or causing your bid to be placed for you. If it is determined that there was a system issue that may have prevented a bid from being placed, EQH reserves the right to review all bids and possibly re-open the bidding on a property. This determination will be made on a case by case basis and is at the sole discretion of the company.
The intent of EQHomeMarket.com is to always provide a fair, level and transparent bidding environment for our consumer audience. Property View & Property Information Packages Prospective bidders and interested parties may view general information about a property just by clicking the links to the property’s Bid Page. Additional property information may also be available by clicking additional links located on a property’s Bid Page. Bidders may also contact the listing agents direct via our “Private Message” feature. Property Bidding If you elect to bid on a property, you must be registered and prequalified by one of our “Approved Lenders” to do so; however, you do not have to be registered in order to view bids for a property. All bids are open and displayed for public viewing unless otherwise noted. You can bid on properties either from a property’s Bid Page or from your “Items I Bid” listing page, which can display multiple properties for a bidder to monitor or place bids on. The “Items I Bid” area only has abbreviated information about each property but is a great tool if multiple properties are being monitored.
Placing Offers Feature If you prefer to place an offer on a property instead of bidding on it, you can do so by clicking on that tab when viewing the property that you want to place an offer on. If the seller accepts your offer than the auction will be put on hold until you finalize the purchase process.
User Eligibility EQH’s services are available only to individuals who can form legally binding contracts under applicable state and federal laws. EQH’s services are not available to minors or to previously suspended EQH users. If you register as a business entity, by placing a bid, you represent that you have the authority to bind the entity to this Agreement and other real estate related agreements.
EQHomeMarket.com’s Fairness Doctrine EQHomeMarket.com prides itself with offering properties on a fair and level playing field allowing all bidders an equal and fair opportunity to compete. If it is determined by EQH that a property is won unfairly, for any reason, EQH reserves the right to 1) re-offer the property in a new round of bidding, 2) request a highest and best offer among the bidders or 3) return the property to the Seller and not sell it to any bidder.
If you intend to place an offer or bid on a property, it is highly recommended that you register at least 72 hours prior to the close of the bidding, just as a precaution against any potential registration problems. There are no fees required to bid. Fees & Services Currently, registration for all EQH websites is free; however, we reserve the right to change our Site Terms at any time relating to fees and other items mentioned or not mentioned in this published document. Changes to the policy are effective after we have posted the new Site Terms for at least five (5) consecutive days.
We may in our sole discretion change any or all of our services at any time. If a change occurs in a particular service, the fees for that service are effective at the introduction of the service. Each Property may be subject to a Buyer’s Premium which as defined in the bidding box for each property, to be paid by the BUYER at the closing. When permissible the “Buyer’s Premium” will be automatically deducted from the purchase price of the property and either credited to the “Buyer’s Agent” as a commission or back to the seller when there is no “Buyer’s Agent” involved.
EQH charges a 1% Transaction Fee directly to the seller of each property.
Discrepancies in Advertisements If there are any discrepancies between the terms and conditions outlined on this site and the terms outlined in the Purchase Agreement, the terms in the Purchase Agreement shall prevail, so read the Purchase Agreement carefully. All dates and times listed on this site supersede any advertisements or printed statements. Bid Presentation to the Seller
If a property meets or exceeds it reserve price during the Online Bidding and Offer Process, the system will read “reserve price met” and bidding will continue until the auction is over or until the seller accepts an offer. Negotiations & Post Event Activities Once an online bidding event concludes, neither the Seller nor EQH are under any obligation to negotiate with, nor sell to any bidder. All properties will be sold on a “first come, first approved” basis by the Seller. Seller’s may also at times accept a lower bid than the highest one due to terms such as a higher down payment, shorter escrow, payment terms etc.
Final Approval by Seller Each Seller on this site reserves the right to have final approval of any and all Purchase Contracts submitted by any broker or bidder, regardless of information provided by this site, any broker, or any EQHomeMarket.com employee or affiliate to the contrary.
Online Transaction Venue EQH provides an online real estate transaction venue that allows for the bidding and transfer of properties via a public forum. EQH does not hold itself out to be a real estate broker or agent, nor does it claim to act on behalf of buyers or sellers, even though it’s majority owner does hold a real estate sales license in the state of California.
EQH does claim to provide an efficient and sophisticated platform that allows sellers to advertise their properties to willing and able buyers. All Listing Brokers identified with a property on this site are agents of the Seller, not the Buyer.
If a disruption of Internet bidding service (such as a power outage or other technical occurrence of any kind) occurs at the end of an event, RBI reserves the right to extend that particular event for a reasonable period of time as decided by EQH in order to provide bidders a fair chance to compete for the purchase of a property.
- Buyer and/or Buyer’s Agent understand that EQ Home Market, LLC has not seen the properties under consideration and makes no representations of warranties regarding the properties. Information provided at EQHomeMarket.com has been provided by the listing agent managing the home’s auction and should be confirmed by the buyer.
- Properties purchased through trustee sale are exempt from disclosure requirements as outlined in section 1102 of the Civil Code.
- Buyer and/or Buyer’s Agent understand that EQ Home Market, LLC assumes no responsibilities for any post purchase issues with the property including but not limited to any repairs necessary to make the home livable.
- Buyer and/or Buyer’s Agent are aware that the seller chooses all escrow and title vendors.
- EQ Home Market, LLC makes no representations of any kind regarding the properties listed at EQHomeMarket.com.
- Upon successful bid, Buyer agrees to forward their Earnest Money Deposit to escrow within 24 hours.
- If Buyer bids on a property, this is a binding commitment to purchase the property with contingency time periods being defined and managed by their purchase agreement.
- Buyer understands that all Real Estate investments involve risk and there are many events and market conditions that are difficult to predict. Buyer acknowledges that this investment involves material risk and holds EQH harmless from any losses that the buyer may incur.
- This Agreement shall be interpreted under the laws of the State of California
- By replying “I Accept” to this email the Buyer and/or the Buyer’s Agent confirm that they agree that this agreement is to be legally binding.
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of Site Owner, the Listing Brokers who use this site and third Party Affiliates. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Site Owner, Listing Brokers, or the applicable Third Party Affiliate; and you may not “mirror” any materials contained on this Website on any other server or site without the prior written consent of the above. In order to register on this site you must provide your true name and a valid email address. Your email address will be kept confidential for purposes of our business communication only.
DENIAL OF SERVICE
Site Owner reserves the right to refuse service to anyone when it becomes evident a user is in some way abusing the system.
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN “AS IS” BASIS. SITE OWNER HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE REAL ESTATE YOU ARE BIDDING ON IS SUFFICIENT FOR YOUR PURPOSES. REA/SAI DOES NOT MAKE ANY
REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY AND SUITABILITY OF THE REAL ESTATE, OR THE ACCURACY, OR COMPLETENESS OF ANY OF THE INFORMATION RELATIVE TO PROPERTIES OFFERED ON THIS WEBSITE BY SELLERS.
LIMITATION OF LIABILITY
SITE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING REAL ESTATE ON THIS WEBSITE. IN NO EVENT SHALL SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. YOU AGREE TO HOLD EQH HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST EQ HOME MARKET, LLC ITS OWNERS ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
ALL USERS MUST AGREE TO THESE BIDDER TERMS BEFORE BIDDING.