TERMS AND CONDITIONS — MONTELONGO AVAJ PROPERTIES, LLC
This agreement outlines the legal terms and conditions governing the real estate investment services offered by Montelongo AVAJ Properties, LLC ("Company") for the purchase of residential properties ("Properties/Property") with cash in the Denver Metropolitan Area, Colorado, USA.
1. PROPERTY OFFER AND PURCHASE
The Company provides an opportunity for homeowners to sell their property to the Company. Property owners ("Sellers") who wish to sell their Properties can provide relevant information through the Company's website or designated communication channels, including by email at Info@MontelongoAVAJProp.com. The Company will review the information and will attempt to contact the Sender ("Seller") to inquire additional information. The company may thereafter decide to present a purchase offer for the Property and/or continue discussions towards purchase.
2. CASH PURCHASE AND PROMPT CLOSURE
Upon Seller's acceptance of the Company's cash offer, the Company commits to purchasing the Property in cash. The Company retains the option to use either Hard Money or Liquid Cash for the transaction. The Company may offer to close the transaction within 30 days or less from the date of offer acceptance, subject to mutual agreement, and complying with relevant legal and regulatory requirements.
3. ACCEPTANCE AND OFFER VALIDITY
The cash offer extended by the Company is valid for a specified duration, as indicated in the offer. Sellers must acknowledge acceptance within this timeframe for the offer to be considered legally binding. The Company may assign the contract to another buyer without the Seller's consent and without prior notice other than when the Seller was initially presented with the purchasing agreement. The Company will make reasonable attempts to ensure the purchase closing proceeds but does not make any guarantees on the successful purchasing and closing of the property.
4. PROPERTY CONDITION
The Company specializes in buying Properties in various conditions, including those needing repairs or improvements. Sellers must provide accurate information about the Property's current condition and any known issues.
5. CLOSING COSTS AND PREFERRED TITLE COMPANY
The Company may offer to cover customary closing costs related to the Property purchase, including but not limited to title fees and escrow expenses. Additionally, the Company has the right to select its preferred Title Company for the transaction. The company does not offer to pay for the Seller's real estate agent's commission or any other associated Seller's agent costs.
6. PROPERTY TITLE AND LIENS
Sellers confirm their legal ownership and authority to sell the Property. The Company will conduct due diligence to verify title ownership via the Title Company and identify any existing liens or encumbrances affecting the Property.
7. SELLER'S CHOICE AND COMPANY DISCRETION
Sellers have the freedom to decline the Company's cash offer without any obligations. Conversely, the Company reserves the right to modify or withdraw its offer before Seller's acceptance.
8. SYMPATHETIC APPROACH AND SMOOTH PROCESS
The Company recognizes Seller's unique circumstances and pledges a compassionate and adaptable approach. The Company strives to facilitate a seamless and stress-free sales process, taking Seller needs into consideration.
9. PURCHASE "AS-IS"
The Company commits to purchasing the Property in its present condition, without requiring Sellers to make repairs, cleanings, maintenance, or changes. This reflects our commitment to a straightforward and efficient acquisition process.
10. INSPECTION PERIOD AND CONTRACT TERMINATION
During the inspection period, the Company has the option to terminate the contract if inspection reports reveal significant issues not previously disclosed or foreseen. However, the Company will make genuine efforts to negotiate with the Seller in good faith before considering termination.
11. LIEN AND DEBT SETTLEMENT
The Seller acknowledges the obligation to clear all liens and debts associated with the Property prior to closing. The Company shall not assume responsibility for settling any existing liens or debts.
12. NO GUARANTEE OF RESULTS
The Company does not provide any guarantee of successful property purchase or sale or any other results. The outcome of each transaction is dependent on a case-by-case basis and influenced by various factors.
13. PROPRIETARY COMPANY INFORMATION AND BRANDING
All content, information, materials, logos, branding, and marketing materials on the Company's website and related communications are proprietary and copyrighted by the Company. Distribution, copying, reproduction, or usage of such materials without the Company's explicit consent is strictly prohibited.
14. LEGAL COMPLIANCE
Both the Seller and the Company agree to comply with applicable federal, state, and local laws and regulations governing real estate transactions.
15. GOVERNING LAW
This Agreement shall be interpreted and enforced in accordance with the laws of the state of Colorado. By using the Company's services or accepting its cash offer, Sellers acknowledge and agree to abide by these terms and conditions. The Company reserves the right to amend these terms at its discretion. It is recommended that Sellers review these terms before proceeding with any transaction.
LAST UPDATED: November 26, 2023