Terms and Conditions

Effective Date: October 6, 2026
Last Updated: October 6, 2026

These Terms and Conditions (“Terms”) govern your access to and use of newmexicofirehousebuyer.com (the “Website”) and services offered through the Website by New Mexico Fire House Buyer (“New Mexico Fire House Buyer,” “we,” “us,” or “our”).

By accessing the Website, submitting property information, requesting a cash 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 homeowners, 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;
Inherited property;
Probate or estate property;
Property facing foreclosure;
Property subject to liens;
Property requiring substantial repairs; and
Other residential or investment property.

Depending on a particular property and transaction, we may:

Evaluate the property ourselves;
Purchase or seek to purchase it;
Facilitate a possible cash offer;
Connect the seller with a local cash buyer;
Refer or route the opportunity to another investor;
Work with licensed real estate professionals where legally required;
Enter into a purchase agreement;
Acquire contractual or equitable rights;
Assign contractual rights where legally and contractually permitted; or
Determine that neither we nor another prospective purchaser is interested.

Nothing displayed on the Website constitutes a binding offer to purchase real estate.

2. Our Role

New Mexico Fire House Buyer operates within the real estate investment, property-acquisition, cash-buyer, marketing, referral, and lead-generation marketplace.

Depending on the transaction, we may act as:

A prospective principal purchaser;
A real estate investor;
A property-acquisition business;
A lead-generation service;
A service connecting property owners with prospective purchasers;
A contract purchaser;
A holder of contractual or equitable rights;
An affiliate or business partner of another purchaser; or
A combination of these roles.

Our precise role depends on the facts and governing written agreements.

Unless separately and lawfully established, we do not act as your:

Real estate broker;
Seller’s real estate agent;
Attorney;
Accountant;
Tax adviser;
Financial adviser;
Insurance adviser;
Public adjuster;
Contractor;
Engineer;
Appraiser;
Fiduciary;
Housing counselor;
Mortgage broker;
Mortgage lender;
Debt-management service;
Loan-modification provider;
Foreclosure consultant; or
Other professional adviser.

3. Lead Generation and Local Buyer Matching

The Website expressly connects some property owners with independent local cash buyers.

After reviewing your information, we may introduce or route the opportunity to one or more prospective purchasers.

Independent prospective purchasers may:

Research the property;
Contact you;
Evaluate property condition;
Estimate repairs;
Determine their own offer;
Conduct due diligence;
Negotiate transaction terms; and
Enter into a transaction directly with you.

Independent purchasers are responsible for their own:

Statements;
Representations;
Offers;
Valuations;
Contracts;
Financing;
Licensing obligations;
Privacy practices;
Performance; and
Compliance with applicable law.

4. No Obligation to Sell

Submitting information or requesting an offer does not obligate you to sell your property.

A Website form submission is an inquiry and is not a purchase agreement.

You may reject a proposed offer unless and until you enter into a legally enforceable written agreement providing otherwise.

5. No Obligation to Purchase

Submitting information does not require New Mexico Fire House Buyer or any:

Cash buyer;
Investor;
Contract purchaser;
Affiliate;
Acquisition partner;
Broker; or
Other prospective purchaser

to:

Evaluate the property;
Make an offer;
Maintain an 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 enter contracts;
Information you provide is materially accurate to the best of your knowledge;
You own the property, hold an ownership interest, or are authorized to communicate concerning it; and
Your use of the Website complies with applicable law.

Submission by one co-owner does not necessarily establish authority to bind every owner.

7. Property Information and Research

We may request or obtain information concerning:

Property address;
Property condition;
Fire damage;
Smoke damage;
Water damage;
Structural damage;
Electrical and plumbing condition;
Roof or foundation condition;
Heating and cooling systems;
Wells and water;
Septic systems;
Occupancy;
Repairs;
Permits;
Insurance claims;
Desired sale timeline;
Ownership;
Mortgages;
Liens;
Property taxes;
Homeowners associations;
Probate;
Foreclosure;
Inheritance; and
Other matters relevant to evaluating a transaction.

You authorize us and prospective purchasers evaluating the opportunity to research the property using lawful public and commercial sources.

8. Preliminary Offers

Any preliminary:

Cash offer;
Estimated offer;
Property valuation;
Price range;
Repair estimate; or
Similar indication of value

is non-binding unless incorporated into a legally enforceable written agreement.

A preliminary offer may change following due diligence.

9. Illustrative Offer Formula

The Website may describe an offer methodology substantially similar to:

Potential Offer = After-Repair Value – Repair Costs – Selling Costs – Investor Return

That formula is illustrative.

Actual assumptions may vary concerning:

Property value;
Repairs;
Holding expenses;
Property taxes;
Insurance;
Utilities;
Closing expenses;
Resale expenses;
Market conditions;
Risk; and
Investment return.

No particular offer is guaranteed.

10. Binding Transactions

A binding real estate transaction arises only when the applicable parties execute legally enforceable transaction documents.

A transaction may depend on:

Ownership verification;
Authority to sell;
Title review;
Property access;
Due diligence;
Mortgages;
Liens;
Property taxes;
Required disclosures;
Homeowners-association requirements;
Probate or estate matters;
Foreclosure status;
Buyer funding;
Closing requirements; and
Other contractual or legal conditions.

11. No Universal Statutory Seller Property-Condition Form

New Mexico does not impose one universal statutory property-condition questionnaire that every private residential seller must complete in every transaction.

This differs from states that require virtually every seller to complete a legislatively prescribed residential condition form.

A seller’s disclosure duties in New Mexico can instead arise from:

Common-law fraud and concealment principles;
Statements already made by the seller;
The purchase agreement;
A voluntarily or contractually required disclosure form;
Duties of participating real estate brokers;
Specific New Mexico statutes;
Federal law; and
Other applicable legal obligations.

12. Known Material Defects

New Mexico courts recognize that a seller’s failure to disclose known property defects can, depending on the facts and existence of a duty to speak, support:

Rescission;
Damages;
Fraud claims;
Misrepresentation claims; or
Other relief.

A duty to disclose may arise particularly where the seller possesses superior knowledge concerning a material condition that is not within the buyer’s fair and reasonable reach or where the seller chooses to speak about the subject but fails to provide reliable or complete material information.

13. Fire Damage Can Be a Material Property Condition

Fire, smoke, firefighting, and restoration activity can create material property conditions including:

Structural damage;
Roof damage;
Foundation damage;
Electrical damage;
Plumbing damage;
Heating or cooling damage;
Smoke contamination;
Firefighting-water intrusion;
Mold;
Asbestos or lead disturbance;
Chimney or fireplace damage;
Building-code issues;
Permit issues;
Incomplete repairs;
Unpermitted repairs; and
Other health, safety, usability, or value issues.

A seller should not knowingly make false representations or actively conceal material fire-related defects.

14. Licensed New Mexico Brokers Have Specific Disclosure Duties

Where a New Mexico licensed associate broker or qualifying broker participates, the broker must make written disclosure of adverse material facts actually known by the broker concerning:

The property;
The transaction; or
The financial ability of parties to complete the transaction.

New Mexico broker duties also include honesty, reasonable care, ethical conduct, compliance with law, and specified conflict-of-interest disclosures.

A participating broker is not automatically required to discover every unknown defect.

15. New Mexico Association of REALTORS® Disclosure Form

New Mexico real estate transactions frequently use an Adverse Material Facts Disclosure Statement through contract or industry practice.

The commonly used form addresses numerous property conditions and specifically includes an insurance-claims category asking about matters such as:

Fire;
Hail;
Smoke;
Water damage; and
Whether insurance proceeds were used to remediate the claimed condition.

Use of that form can become contractually required when the parties’ agreement requires it.

It should not be described on this Website as a universal statutory form required in every private transaction.

16. Correction of the Website’s Fire-Disclosure Language

The Website currently states that New Mexico sellers must disclose:

Every detail of fire and smoke damage;
All firefighting-water damage;
All insurance claims;
All completed repairs and restoration work;
Every unresolved issue; and
A complete professional documentation package.

These Terms do not characterize all of those items as universal statutory requirements.

New Mexico law can require disclosure of known material defects, and contractual disclosure forms can require substantial detail, but there is no single statewide statute requiring every seller automatically to provide every historical fire, insurance, contractor, inspection, photograph, engineering, and repair record in every residential sale.

17. No Universal Fire Documentation Package

Documents such as:

Fire-department reports;
Photographs;
Insurance files;
Repair invoices;
Contractor estimates;
Structural reports;
Inspection reports;
Engineering reports;
Permit records;
Environmental tests; and
Remediation documents

may be useful or important.

A particular document may also be required by:

The purchase agreement;
Buyer due diligence;
An insurer;
A lender;
A local government;
A licensed broker;
A title or escrow provider; or
Another applicable law.

But these materials are not automatically a single mandatory statutory package for every New Mexico residential transaction.

18. Correction of Overbroad Safety and Permit Claims

The Website currently states broadly that fire-damaged properties:

Must satisfy specified minimum safety standards regardless of an as-is transaction;
Must receive structural verification from qualified professionals;
Must professionally remediate environmental hazards; and
Often require zoning-board approval of repair plans.

Those statements should be treated as fact-dependent rather than universal statewide requirements.

Fire-damaged property may be subject to:

State building requirements;
Local building codes;
Fire codes;
Unsafe-building rules;
Permit requirements;
Environmental rules; and
Municipal inspections.

The actual obligations depend on the property’s location, condition, proposed work, occupancy status, and other facts.

19. As-Is Transactions

The Website advertises potential purchases in the property’s current or “as-is” condition.

An as-is transaction may mean the purchaser does not require the seller to make repairs.

However, an as-is provision does not automatically eliminate:

Fraud or concealment liability;
Contractual disclosure duties;
Representations actually made by the seller;
Broker disclosure duties;
Federal disclosure requirements;
Statutory property-tax disclosures;
Homeowners-association disclosures;
Title obligations;
Foreclosure protections; or
Other non-waivable legal duties.

New Mexico courts have recognized that an as-is clause does not shield affirmative fraud or misrepresentation.

20. No Universal Repair Requirement

New Mexico does not impose one statewide rule requiring every fire-damaged residence to be completely repaired before sale.

A property may potentially be sold in damaged condition.

Separate:

Building codes;
Unsafe-building orders;
Permit rules;
Utility requirements;
Environmental rules;
Insurance obligations;
Contract terms; and
Financing requirements

may nevertheless affect the transaction.

21. Inspections and Due Diligence

The Website may advertise:

No formal inspection;
No repairs;
No appraisal contingency;
No financing contingency; or
Similar streamlined terms.

These statements describe possible transaction structures.

They do not:

Eliminate applicable disclosure duties;
Prevent due diligence permitted by the purchase agreement;
Authorize fraud or concealment; or
Override executed transaction documents.

A purchaser may choose to:

Inspect the property;
Obtain contractor estimates;
Obtain engineering evaluations;
Review fire reports;
Review insurance information;
Review permits;
Examine title;
Test water or septic systems;
Conduct environmental testing; or
Perform other due diligence.

22. New Mexico Property-Tax Estimate Disclosure

New Mexico imposes a specific residential-property disclosure that is easy to overlook.

Before accepting an offer to purchase qualifying residential property, the seller or seller’s broker generally must:

Request an estimated property-tax levy from the county assessor using the listed price as the value for the estimate; and
Provide a copy of the assessor’s response in writing to the prospective buyer or buyer’s broker.

The prospective buyer must acknowledge receipt in writing.

A prospective buyer may waive the disclosure under the circumstances and procedure provided by New Mexico law.

This requirement applies separately from fire-damage disclosures.

23. Homeowners-Association Property

If the property is a lot subject to a homeowners association covered by New Mexico’s Homeowner Association Act, additional disclosure requirements can apply.

Generally, the seller or seller’s agent must obtain and provide the required association disclosure certificate no later than seven days before closing.

The purchaser generally receives a seven-day cancellation right after receiving the disclosure certificate, subject to statutory exceptions.

Additional association documents generally must also be provided before closing.

24. Condominium Transactions

Different statutory disclosure requirements may apply to condominium units, particularly developer or declarant sales.

Nothing in these Website Terms replaces disclosure obligations imposed by the New Mexico Condominium Act.

25. Federal Lead-Based Paint Requirements

Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.

Where applicable, federal disclosure documents and notices must be provided.

Nothing on the Website replaces federal law.

26. Fast Closing and Similar Advertising Statements

The Website may advertise:

A cash offer within approximately 24 hours;
Closing within approximately 7 to 14 days;
Flexible closing dates;
No repairs;
As-is purchases;
No real estate-agent commissions;
No seller fees;
Buyer-paid closing costs;
No formal inspection;
No appraisal contingency; or
No financing contingency.

These statements describe potential transaction structures.

They do not guarantee identical timing or terms for every seller.

Actual timing may depend on:

Property condition;
Ownership;
Title;
Mortgages;
Liens;
Property-tax disclosures;
Association disclosures;
Buyer availability;
Property access;
Due diligence;
Probate or estate matters;
Foreclosure status;
Closing requirements; and
Other circumstances.

27. Closing Costs, Fees, and Commissions

Where a prospective purchaser agrees to:

Pay specified closing costs;
Purchase without a listing broker;
Charge no seller commission;
Charge no particular seller fee; or
Pay specified title or escrow expenses,

the actual obligations of the parties are determined by the signed transaction documents and final settlement statement.

Website advertising does not override executed transaction documents.

28. New Mexico Real Estate Licensing

New Mexico requires licensure for persons performing regulated real estate brokerage activities.

Real estate brokerage can include, when performed for compensation or consideration for another:

Listing;
Selling;
Offering to sell;
Buying or offering to buy;
Negotiating purchases or sales;
Dealing in options;
Property management;
Leasing;
Advertising brokerage services; and
Other regulated real estate services.

New Mexico’s Real Estate Commission states that a person must hold a broker license to sell another person’s home, while a person generally does not need a real estate license merely to buy or sell property that person owns.

29. Principal Purchaser Versus Brokerage

A genuine principal purchaser buying property for its own account is legally different from a broker providing real estate services for another.

Whether a particular activity constitutes principal investment or regulated brokerage depends on the actual conduct.

Relevant factors may include:

Who owns the property;
Who holds the contractual interest;
On whose behalf negotiations occur;
Whether compensation is received from another person;
What is being marketed;
Whether options are involved;
Whether the person holds itself out as a broker; and
Whether the owner exemption applies.

30. Owner Exemption

New Mexico generally provides an exemption for a person acting as owner with respect to property actually owned by that person, subject to statutory limitations.

That exemption should not automatically be assumed where the person holds only:

A purchase agreement;
An option;
An assignment right; or
Another contractual or equitable interest.

31. Contract Assignments and Wholesaling

As of October 6, 2026, New Mexico does not maintain a separate comprehensive residential-wholesaler registration and seller-cancellation regime comparable to specialized wholesaling statutes enacted in several other states.

That does not mean every contract-assignment or lead-generation structure is automatically outside New Mexico’s licensing law.

Relevant considerations include:

Whether the person is acting as a principal;
Whether the contract permits assignment;
Whether the person owns legal title;
Whether only contractual rights are being sold;
Whether the person’s conduct constitutes brokerage for another;
Whether options are being marketed;
Whether compensation is paid for regulated services; and
How the opportunity is advertised.

32. Real Estate Contracts and Investment Activity

New Mexico case law has distinguished certain investment activity involving real estate contracts from activity performed in the capacity of a real estate broker.

That distinction is highly fact-dependent.

The existence of a purchase contract does not authorize someone to misrepresent:

Legal ownership;
The nature of the interest being offered;
The person’s role;
The identity of the actual property owner; or
The person’s authority under the agreement.

33. Contractual Interest Is Not Legal Title

Holding a purchase agreement, assignment right, option, or equitable interest is different from holding legal title.

A person holding only contractual rights should not falsely represent that:

The person owns the real estate;
The person is the deed owner;
Title has already transferred;
The underlying property belongs to the contract holder; or
The person possesses greater rights than the agreement provides.

34. Broker Duties Where a Licensee Participates

Where a New Mexico licensed broker participates, the broker’s duties can include:

Honesty;
Reasonable care;
Ethical and professional conduct;
Compliance with applicable law;
Performance of written agreements;
Written conflict-of-interest disclosure;
Written disclosure of adverse material facts actually known by the broker;
Prompt accounting;
Applicable confidentiality obligations; and
Other duties established by the Real Estate Commission.

Applicable brokerage documents control over generic Website descriptions.

35. Foreclosure and Financial Distress

The Website expressly markets to homeowners who may be:

Behind on mortgage payments;
Facing default;
Facing foreclosure;
Experiencing financial distress; or
Seeking a rapid sale.

We are not your:

Mortgage lender;
Mortgage servicer;
Attorney;
Financial adviser;
Credit counselor;
Housing counselor;
Mortgage broker;
Loan-modification provider;
Foreclosure consultant; or
Other foreclosure-relief provider

unless a separate legally compliant relationship expressly establishes otherwise.

Selling property may be one possible response to financial distress, but it is not necessarily the only available option.

36. New Mexico Mortgage Foreclosure Consultant Fraud Prevention Act

New Mexico specifically regulates foreclosure consultants under the Mortgage Foreclosure Consultant Fraud Prevention Act, NMSA Sections 47-15-1 through 47-15-8.

A person can become a foreclosure consultant when, for compensation, the person represents that services will:

Stop or postpone foreclosure;
Obtain forbearance;
Help reinstate an obligation;
Extend a reinstatement period;
Obtain waiver of acceleration;
Obtain a loan or advance;
Reduce credit impairment associated with foreclosure; or
Otherwise save the owner’s residence from foreclosure.

37. Ordinary Purchase Versus Foreclosure Consulting

A bona fide arm’s-length property purchase is different from offering compensated foreclosure-consulting services.

A purchaser seeking to buy the property for its own account should not simultaneously represent that it acts as the homeowner’s:

Foreclosure adviser;
Fiduciary;
Mortgage negotiator;
Loan-modification consultant; or
Paid foreclosure-rescue provider

unless the relationship has been separately structured for compliance.

38. Foreclosure Consultant Contract Review Period

Where New Mexico’s foreclosure-consultant statute applies, the consulting contract generally must be provided to the homeowner for review at least 24 hours before signing.

The contract must satisfy detailed statutory requirements concerning:

Type size;
Language;
Description of services;
Compensation;
Required notices;
Consultant contact information;
Rescission rights; and
Delivery of signed copies.

39. Three-Business-Day Foreclosure Consulting Cancellation Right

A homeowner generally may rescind a covered foreclosure consulting contract until midnight of the third business day after signing a compliant contract.

The cancellation period does not begin until the consultant has complied with the statutory contract requirements.

Nothing in these Terms shortens that right.

40. Three-Day Rescission for Certain Title Transfers

Where a covered foreclosure-consulting arrangement involves transfer of a deed or title, New Mexico’s required statutory notice informs the homeowner that the transfer may be rescinded within three days after signing the deed or other document of sale or transfer, subject to the statutory repayment provisions.

Any such transaction should use the exact legally required documentation.

41. No Advance Compensation for Covered Foreclosure Consulting

A covered foreclosure consultant generally may not claim, demand, charge, collect, or receive compensation until the consultant has fully performed every promised service.

This restriction is particularly important for any marketing that offers to:

Stop foreclosure;
Obtain a modification;
Obtain forbearance;
Negotiate with a lender; or
Save a home from foreclosure.

42. Foreclosure Consultant Cannot Acquire the Client’s Residence

A covered foreclosure consultant generally may not acquire, directly or indirectly or through a subsidiary or affiliate, an interest in the residence in foreclosure from the owner with whom the consultant contracted.

Accordingly, New Mexico Fire House Buyer should not characterize itself as the homeowner’s covered foreclosure consultant while simultaneously seeking to acquire the home.

43. Other Foreclosure Consultant Restrictions

A covered foreclosure consultant is also restricted from activities including:

Taking certain liens or other security to secure compensation;
Receiving prohibited third-party consideration;
Taking prohibited powers of attorney;
Using out-of-state law or venue provisions prohibited by the statute;
Inducing waiver of statutory rights; and
Using a contract that fails to satisfy the Act.

Waivers of the homeowner’s rights under the Act are generally void.

44. Foreclosure Consultant Violations

A violation of the Mortgage Foreclosure Consultant Fraud Prevention Act can constitute an unfair trade practice under New Mexico’s Unfair Practices Act.

Available remedies may include:

Actual damages;
Attorney fees;
Costs;
Equitable relief; and
In appropriate circumstances, exemplary damages.

Certain statutory violations can also carry criminal penalties.

45. Mortgage Activity Is Separately Regulated

New Mexico separately licenses and regulates mortgage loan companies and mortgage loan originators.

A direct cash property purchase does not automatically authorize a property purchaser to:

Broker mortgage loans;
Originate mortgage loans for others;
Offer regulated refinancing;
Modify mortgage terms; or
Conduct other licensed mortgage activity.

46. Federal Mortgage-Assistance Rules

Where a separate activity constitutes mortgage-assistance-relief services under federal law, applicable federal requirements control.

Those rules may regulate:

Advance fees;
Advertising claims;
Required disclosures;
Communications with mortgage lenders or servicers; and
Consumer acceptance procedures.

47. No Foreclosure-Rescue Guarantees

Unless separately authorized and legally qualified, we do not represent that:

We act for your mortgage lender;
We act for your mortgage servicer;
We act for the State of New Mexico or federal government;
We guarantee foreclosure will stop;
We guarantee a loan modification;
We will negotiate your mortgage for you;
You should stop communicating with your lender;
You should stop making legally required payments; or
Selling your property through us is your only available option.

48. Probate, Estate, and Inherited Property

Submitting inherited, probate, or estate property does not establish that the submitting person has authority to sell.

A transaction may require:

Personal-representative authority;
Executor or administrator authority;
Trustee authority;
Probate documentation;
Participation of heirs or devisees;
Appropriate deeds;
Affidavits; or
Other evidence of authority.

49. Insurance Claims and Fire-Damage Proceeds

A fire-damaged property may involve an active 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 arrangement.

You are responsible for understanding:

Insurance coverage;
Claim requirements;
Proof-of-loss requirements;
Claim deadlines;
Insurance proceeds;
Repair obligations;
Mortgage-holder rights;
Assignment restrictions;
Recoverable depreciation;
Policy conditions; and
Tax consequences.

If a property is sold while an insurance claim remains pending, the purchase agreement should address the parties’ respective rights concerning the claim and proceeds.

50. Insurance Documentation Is Not Automatically a Statutory Seller Package

Fire-department reports, insurance records, photographs, contractor invoices, inspection reports, engineering reports, permit records, and repair documentation may be valuable in evaluating a fire-damaged property.

They are not automatically a universal statutory package that every New Mexico seller must provide to every purchaser.

51. Website Insurance and Restoration Guidance

The Website contains educational information concerning:

Insurance claims;
Adjusters;
Cleanup;
Repairs;
Damage documentation;
Restoration contractors;
Pricing; and
Property safety.

That content is general information only.

Property owners should follow:

Their actual insurance policy;
Instructions from their insurer;
Fire-department instructions;
Local building requirements;
Qualified professional advice; and
Applicable law.

52. Unsupported Website Statistics and Market Claims

The Website contains precise claims concerning matters such as:

Fire-damage reductions in market value;
Traditional-sale timing;
Cash-buyer closing timing;
Investment returns;
Repair expenses;
Insurance outcomes; and
Other market results.

These Terms do not represent those figures as legal requirements or guaranteed outcomes.

Any precise statistic used in production advertising should be independently substantiated.

53. Permits, Building Codes, and Unsafe Structures

Fire-damaged property may be subject to:

Building-code violations;
Unsafe-building determinations;
Condemnation;
Building permits;
Electrical permits;
Plumbing permits;
Repair requirements;
Demolition requirements;
Fire-code requirements;
Utility restrictions;
Environmental requirements; or
Other local governmental requirements.

Requirements vary among New Mexico counties and municipalities.

An as-is transaction does not waive governmental requirements.

54. Telephone Communications

By providing a telephone number and requesting information or an offer, you authorize us to respond concerning:

Your property;
Property research;
Scheduling;
Offers;
Buyer matching;
Follow-up; and
Potential transactions.

Where legally required, additional consent will be obtained before regulated automated, prerecorded, artificial-voice, or marketing communications are made.

55. Recording of Communications

New Mexico generally permits telephone recording where the recorder is a participant or at least one party has consented.

New Mexico courts have recognized that a participant in a telephone conversation assumes the risk that the other participant may record or transmit the conversation.

We or service providers acting on our behalf may record communications for legitimate purposes including:

Quality assurance;
Training;
Documentation;
Compliance;
Fraud prevention; and
Security.

Because callers may be physically located in jurisdictions with stricter recording-consent laws, additional notice or consent may be required.

Where another applicable law imposes a stricter requirement, we will comply with it.

56. Text Messages

If you provide a mobile telephone number and applicable consent, we may communicate by text regarding:

Your inquiry;
Your property;
Scheduling;
Offers;
Buyer matching;
Follow-up; and
Potential transactions.

Where legally required, separate or additional consent will be obtained before regulated automated or marketing messages are sent.

Consent to marketing communications is not a condition of receiving an offer or selling property where prohibited by law.

Message and data rates may apply.

Message frequency may vary.

Reply STOP to request that applicable messages stop.

57. Email Communications

By providing an email address, you authorize us to communicate regarding:

Your property;
Potential offers;
Prospective purchasers;
Scheduling;
Follow-up;
Services; and
Potential transactions.

Applicable promotional emails will provide an unsubscribe mechanism.

58. Electronic Communications

Where permitted by law, you consent to receiving Website and transaction communications electronically.

These may include:

Email;
Text messages;
Electronic documents; and
Website notices.

59. Privacy

Our collection, use, disclosure, sale, sharing, retention, and other processing of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms to the extent permitted by law.

60. Independent Decision-Making

Selling real estate may have significant:

Legal;
Financial;
Tax;
Insurance; and
Personal consequences.

You may wish to obtain independent advice from:

A New Mexico attorney;
A licensed New Mexico real estate professional;
A tax professional;
An accountant;
An insurance professional;
A contractor;
An engineer;
An appraiser;
A HUD-approved housing counselor; or
Another qualified professional.

61. No Professional Advice

Website content does not constitute individualized:

Legal advice;
Tax advice;
Accounting advice;
Financial advice;
Insurance advice;
Construction advice;
Engineering advice;
Appraisal advice;
Mortgage advice;
Foreclosure advice; or
Other professional advice.

62. No Automatic Brokerage, Agency, or Fiduciary Relationship

Use of the Website does not itself create:

A real estate brokerage relationship;
Seller representation;
Buyer representation;
Agency;
A fiduciary relationship;
A partnership;
A joint venture; or
Employment.

Where a licensed New Mexico real estate professional participates in a regulated capacity, applicable brokerage documentation and statutory duties control.

63. Acceptable Use

You may not:

Use the Website unlawfully;
Submit fraudulent property leads;
Knowingly submit materially false information;
Impersonate another person;
Submit property information without authority;
Attempt unauthorized system access;
Introduce malware or harmful code;
Circumvent security;
Abuse Website forms;
Interfere with Website operations; or
Violate another person’s rights.

64. Intellectual Property

Unless otherwise stated, the Website and its original:

Text;
Branding;
Graphics;
Photographs;
Videos;
Designs;
Layout; and
Software

are owned by or licensed to New Mexico Fire House Buyer.

You may not commercially reproduce or exploit protected Website materials without appropriate authorization.

65. Third-Party Websites and Services

We may link to or integrate with third-party websites or services.

We do not control and are not responsible for third-party:

Content;
Privacy practices;
Security;
Products;
Services;
Representations; or
Conduct.

66. Website Availability

We may modify, restrict, suspend, or discontinue portions of the Website.

Continuous, uninterrupted, secure, or error-free access is not guaranteed.

67. No Guarantee of Transaction

We do not guarantee:

An offer;
Fair-market-value pricing;
Any particular purchase price;
Any specific closing date;
Assignment of a contract;
Availability of an independent purchaser;
Completion of a transaction; or
Any particular financial result.

68. 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 excludes rights or protections that applicable law does not permit to be excluded.

69. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEW MEXICO FIRE HOUSE BUYER 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, assignment, brokerage, foreclosure-consulting, mortgage-related, or other transaction agreement unless that agreement expressly provides otherwise.

70. Independent Third-Party Buyers

To the maximum extent permitted by law, we are not responsible for the independent:

Offers;
Representations;
Valuations;
Contracts;
Financing;
Privacy practices;
Performance; or
Conduct

of an unaffiliated third-party prospective purchaser.

Nothing in this section excludes liability that applicable law does not permit us to exclude.

71. Indemnification

To the extent permitted by law, you agree to indemnify New Mexico Fire House Buyer and its affiliates from claims arising from:

Your unlawful use of the Website;
Your material breach of these Terms;
Fraudulent information you knowingly submit;
Information knowingly submitted without authority; or
Your violation of another person’s rights.

72. Governing Law

These Terms are governed by the laws of the State of New Mexico, except where applicable law requires otherwise.

73. Venue and Disputes

Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, and transaction-specific requirements, legal proceedings arising solely from Website use or these Terms may be brought in a court of competent jurisdiction in the State of New Mexico.

These Website Terms do not impose mandatory arbitration.

Nothing in these Terms overrides any venue, choice-of-law, waiver, or other limitation that New Mexico’s Mortgage Foreclosure Consultant Fraud Prevention Act makes invalid in a covered foreclosure-consulting relationship.

A separately executed purchase agreement, assignment agreement, brokerage agreement, or other transaction-specific agreement may contain different enforceable dispute provisions.

74. Non-Waivable New Mexico Rights

Nothing in these Terms waives rights that cannot legally be waived under applicable:

New Mexico Unfair Practices Act;
New Mexico real estate disclosure law;
New Mexico Real Estate License Law;
New Mexico Real Estate Commission rules;
New Mexico Mortgage Foreclosure Consultant Fraud Prevention Act;
New Mexico Data Breach Notification Act;
New Mexico communications law;
Federal mortgage-assistance rules;
Federal disclosure law; or
Other applicable law.

75. Transaction Agreements Control

These Website Terms do not replace:

Purchase agreements;
Assignment agreements;
Brokerage agreements;
Adverse Material Facts Disclosure Statements;
Property-tax estimate disclosures;
Association disclosure certificates;
Foreclosure-consulting contracts;
Title documents;
Escrow documents;
Closing documents;
Insurance-related agreements; or
Other transaction-specific documents.

A separately executed transaction agreement governs that transaction to the extent enforceable under applicable law.

76. Changes to These Terms

We may update these Terms periodically.

Updated Terms become effective when posted or on another effective date identified in the revised Terms, subject to applicable law.

77. 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.

78. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

79. Assignment

You may not assign these Website Terms without our prior written consent.

We may assign these Website Terms in connection with:

A merger;
Acquisition;
Reorganization;
Financing;
Affiliate restructuring; or
Sale of assets,

subject to applicable law.

This Website provision does not determine whether a particular real estate purchase agreement may be assigned.

Assignment of a real estate purchase agreement is governed by:

The agreement itself;
New Mexico contract law;
New Mexico real estate licensing law; and
Other applicable requirements.

80. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy constitute the agreement governing Website use.

They do not supersede separately executed real estate transaction documents.

81. Contact Us

Questions concerning these Terms may be directed to:

New Mexico Fire House Buyer
New Mexico
United States

Website: newmexicofirehousebuyer.com

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