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 southdakotafirehousebuyer.com (the “Website”) and services offered through the Website by South Dakota Fire House Buyer (“South Dakota 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 the transaction, we may:

Evaluate a property ourselves;
Purchase or seek to purchase it;
Facilitate a potential 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

South Dakota 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 buyer-matching service;
A contract purchaser;
A holder of contractual or equitable rights;
An affiliate or partner of another purchaser; or
A combination of these roles.

Our precise role depends on the facts and transaction documents.

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;
Mortgage servicer;
Debt-settlement provider;
Loan-modification provider;
Foreclosure consultant; or
Other professional adviser.

3. Lead Generation and Local Buyer Matching

The Website expressly says that after reviewing property-owner information, the business may connect the homeowner with a local cash buyer.

Independent prospective purchasers may:

Research the property;
Contact you;
Evaluate condition;
Estimate repairs;
Determine their own offer;
Conduct due diligence;
Negotiate 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 law.

4. No Obligation to Sell

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

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

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

5. No Obligation to Purchase

Submitting information does not require us or another 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 contract;
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 complies with applicable law.

One co-owner’s submission does not necessarily bind all other owners.

7. Property Research

We or prospective purchasers may research:

Property ownership;
Property condition;
Fire damage;
Smoke damage;
Firefighting-water damage;
Structural condition;
Electrical and plumbing systems;
Roof and foundation;
Heating and cooling;
Repairs;
Permits;
Insurance claims;
Mortgages;
Liens;
Judgments;
Property taxes;
Probate;
Foreclosure;
Homeowners associations; and
Other matters relevant to evaluating a transaction.

8. Preliminary Offers

Any preliminary:

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

is non-binding unless included in an enforceable written transaction agreement.

A preliminary offer may change after due diligence.

9. Illustrative Offer Formula

The Website describes an offer methodology substantially similar to:

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

That methodology is illustrative.

Actual assumptions may vary regarding:

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

No particular offer amount is guaranteed.

10. Binding Transactions

A binding transaction arises only when applicable parties execute legally enforceable written documents.

Closing may depend on:

Ownership verification;
Authority to sell;
Title review;
Property access;
Mortgages;
Liens;
Judgments;
Taxes;
Seller disclosures;
Association disclosures;
Due diligence;
Probate or estate matters;
Foreclosure status;
Buyer funding;
Closing requirements; and
Other contractual or legal conditions.

11. South Dakota Residential Property Condition Disclosure

South Dakota generally requires sellers of covered residential real property to complete a statutory Seller’s Property Condition Disclosure Statement.

Covered residential real property generally consists of no more than four family dwelling units contained in one structure, subject to statutory exemptions.

Covered transfers include:

Sales;
Exchanges;
Installment sale contracts;
Leases with an option to purchase;
Other purchase options; and
Ground leases coupled with improvements.

A direct cash or investor sale is not automatically exempt.

12. Disclosure Must Be Delivered Before the Buyer Makes a Written Offer

South Dakota uses an unusually early disclosure deadline.

The seller generally must furnish the completed disclosure statement to the buyer before the buyer makes a written offer.

This timing should be incorporated into any fast-cash transaction workflow.

13. Amendment Before Closing or Possession

After providing the disclosure statement, if the seller becomes aware of a change in a material fact affecting the statement before the earlier of:

Closing; or
Possession,

the seller generally must provide a written amendment disclosing that change.

14. Late Disclosure Gives the Buyer a Termination Right

If the disclosure statement or a material amendment is provided only after the buyer has already made a written offer, the buyer may generally terminate the offer by written notice:

Within three days after personal delivery; or
Within six days after delivery by mail.

Nothing in these Terms shortens that statutory right.

15. Fire and Smoke Damage Are Expressly Covered

South Dakota’s current statutory disclosure form specifically asks whether the seller knows of any past or present property damage from:

Fire;
Smoke;
Wind;
Floods;
Hail; or
Snow.

A “yes” response should be explained as required by the form.

16. Insurance Claims Are Expressly Covered

The statutory form separately asks:

Whether insurance claims have been made for damage to the property;
Whether an insurance payment was received;
Whether the damage has been repaired; and
Whether any unrepaired damage remains from the insurance claim.

These provisions make fire-related insurance history directly relevant where the form applies.

17. Repairs, Permits, and Inspections

The current statutory form also asks:

Whether work was performed requiring a building, plumbing, electrical, or other permit;
Whether the required permit was obtained; and
Whether the work was approved by an inspector where required by state or local ordinance.

Fire-restoration work can therefore trigger additional disclosure questions where permits or inspections were required.

18. Other Fire-Related Disclosure Categories

Fire damage may also affect disclosure categories concerning:

Roof leakage;
Unrepaired roof damage;
Water penetration;
Water-damage repairs;
Electrical systems;
Plumbing;
Heating systems;
Fireplaces;
Chimneys;
Smoke or fire alarms;
Mold;
Asbestos;
Toxic materials;
Structural issues; and
Other material facts.

19. Correction of the Website’s “Every Detail” Language

The Website currently states that South Dakota law requires sellers to disclose:

Every detail of fire and smoke damage;
All firefighting-water damage;
All insurance claims;
Every completed repair;
Every unresolved issue; and
A broad package of professional documentation.

That statement is too absolute.

South Dakota does require completion of the statutory form and good-faith disclosure concerning the questions it asks.

However, the statute does not create one universal requirement that every seller automatically provide every historical:

Fire-department report;
Insurance file;
Professional inspection report;
Contractor estimate;
Repair invoice;
Photograph;
Engineering report; or
Other fire-related document.

Those documents may nevertheless be useful or required by:

Contract;
Buyer due diligence;
An insurer;
A lender;
Local government;
A participating professional; or
Another law.

20. Correction of the Website’s Documentation Claim

The Website currently states that sellers “need to maintain”:

Detailed professional inspection reports;
Photographs documenting all damage;
Written repair estimates;
Complete insurance claim paperwork; and
Full repair and improvement records.

Those records can be highly useful.

They are not all universally mandated by South Dakota’s residential seller-disclosure statute.

The legal requirement is to complete the prescribed disclosure truthfully and in good faith and to provide legally required updates.

21. Correction of Universal Professional-Inspection Claims

The Website also states or implies that:

A qualified professional must always verify structural integrity;
A professional fire inspection is legally essential;
Environmental hazards always require professional remediation before sale; and
Local zoning boards frequently must approve fire-repair plans.

Those statements should be presented as fact-dependent.

Whether a professional inspection, repair, remediation, permit, engineering report, fire-marshal clearance, or zoning approval is legally required depends on:

Property condition;
Proposed work;
Occupancy;
Applicable state and local codes;
Municipal orders;
Insurance requirements; and
Other circumstances.

22. Disclosure Is Not a Warranty

South Dakota’s statutory disclosure statement expressly states that it is:

Not a warranty by the seller;
Not a warranty by anyone representing a party; and
Not a substitute for inspections or warranties the parties may choose to obtain.

23. Good-Faith Requirement

The seller must perform required acts and make required disclosures in good faith.

Truthful completion can provide statutory protection concerning disclosed defects, subject to other legal requirements.

24. Liability for Noncompliance

A transfer is not automatically invalid merely because the disclosure statute was violated.

However, a person who intentionally or negligently violates the statutory disclosure requirements may be liable for:

Actual damages; and
Repair costs

suffered by the buyer as a result.

A court may also award costs and attorneys’ fees to the prevailing party.

Other rights and remedies are not necessarily eliminated.

25. Seller-Disclosure Exemptions

South Dakota’s disclosure requirements contain exemptions for specified transfers, including certain:

Court-ordered transfers;
Probate-court transfers;
Divorce or legal-separation transfers;
Writ-of-execution transfers;
Bankruptcy transfers;
Eminent-domain transfers;
Government transfers;
Specific-performance transfers;
Transfers to a mortgagee by a defaulting mortgagor;
Foreclosure sales;
Transfers by a mortgagee or deed-of-trust beneficiary after foreclosure;
Deeds in lieu of foreclosure;
Certain fiduciary transfers;
Co-owner transfers;
Transfers to specified close family members; and
Transfers of newly constructed residential property that has never been occupied.

An exemption should not be assumed without reviewing the actual transaction.

26. Homeowners-Association Disclosure

South Dakota separately requires additional disclosure when residential property is governed by a homeowners association.

The applicable seller must furnish the required HOA information before the buyer makes a written offer.

This is separate from fire-damage disclosure.

27. Newly Constructed Residential Property

Certain newly constructed residential property that has never been occupied is exempt from the ordinary Seller’s Property Condition Disclosure Statement.

However, separate energy-efficiency disclosure requirements apply to specified previously unoccupied new residential buildings of four units or fewer.

Those disclosures generally must be provided before execution of the purchase contract.

28. Federal Lead-Based Paint Disclosure

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

Nothing on the Website replaces those federal requirements.

29. As-Is Transactions

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

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

“As-is” does not automatically eliminate:

South Dakota’s Seller’s Property Condition Disclosure Statement;
HOA disclosures;
Good-faith disclosure duties;
Fraud or misrepresentation liability;
Contractual representations;
Federal disclosure obligations;
Title requirements;
Governmental orders; or
Other non-waivable legal duties.

30. No Universal Repair Requirement Before Sale

South Dakota’s seller-disclosure statute does not require every fire-damaged property to be fully repaired before sale.

A damaged house may potentially be sold as-is.

Separate:

Building codes;
Unsafe-building orders;
Permit requirements;
Fire-safety rules;
Occupancy restrictions;
Utility restrictions;
Environmental requirements;
Insurance obligations; and
Local ordinances

may nevertheless affect the property.

31. Inspections and Due Diligence

The Website may advertise:

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

These descriptions reflect potential transaction structures.

They do not:

Eliminate legally required disclosures;
Prevent due diligence permitted by the purchase agreement;
Authorize concealment or misrepresentation;
Eliminate governmental inspection requirements; or
Override transaction documents.

32. Fast-Closing and Similar Claims

The Website may advertise:

A cash offer in approximately 24 hours;
Closing within approximately 7 to 14 days;
Flexible closing dates;
No repairs;
No agents;
No seller commission;
No seller fees;
Buyer-paid closing costs;
No formal inspection; or
Similar benefits.

These statements describe potential transaction structures.

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

Actual timing may depend on:

Title;
Mortgages;
Liens;
Judgments;
Taxes;
Seller-disclosure timing;
Buyer termination rights;
HOA disclosures;
Buyer funding;
Property access;
Due diligence;
Probate;
Foreclosure;
Municipal requirements; and
Closing requirements.

33. Closing Costs, Fees, and Commissions

Where a purchaser agrees to:

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

the signed transaction documents and final closing statement control.

34. South Dakota Real Estate Licensing

South Dakota broadly regulates real estate brokerage.

A real estate broker can include a person who, for another and for compensation or expected compensation, directly or indirectly:

Lists;
Sells;
Exchanges;
Buys;
Rents;
Manages;
Negotiates or attempts to negotiate a purchase or sale;
Deals in options;
Advertises regulated activity; or
Performs other activity included in South Dakota’s licensing statute.

In addition, the statutory broker definition includes a person engaged wholly or partly in the business of selling real property to the extent that a pattern of selling real property is established, unless an exemption applies.

35. Active License Requirement

Unless an exemption applies, a person may not:

Offer;
Attempt;
Agree to perform; or
Perform

regulated activity without an active South Dakota real estate license.

Nothing on this Website authorizes unlicensed brokerage.

36. Bona Fide Owner Exemption

South Dakota generally exempts a bona fide owner or lessor performing regulated acts with respect to property actually:

Owned; or
Leased

by that person, when the activity occurs in the regular course of managing or investing in the property.

A genuine principal purchaser that takes title and later sells property it actually owns may therefore be situated differently from someone providing brokerage services for another.

37. Contract Assignments and Wholesaling

As of October 6, 2026, South Dakota does not maintain a separate comprehensive residential-wholesaler registration statute comparable to the specialized wholesale regimes enacted in states such as Pennsylvania, Oklahoma, Missouri, Louisiana, or Iowa.

That does not mean every wholesaling, assignment, or buyer-routing arrangement is automatically unregulated.

Relevant factors include:

Whether the person is acting as a genuine principal;
Whether the person actually owns the property;
Whether the person holds only contractual or equitable rights;
Whether the purchase agreement permits assignment;
Whether an option is involved;
Whose property or interest is being advertised;
Whether negotiations are occurring for another person;
Whether compensation is received for services to another; and
Whether the conduct establishes regulated brokerage activity.

38. Contractual or Equitable Interest Is Not Legal Title

Holding a:

Purchase agreement;
Option;
Assignment right; or
Equitable interest

is different from holding record title.

A contract holder should not falsely represent that:

It owns legal title;
It is the deed owner;
Title has already transferred;
It owns the underlying real estate when it does not; or
It possesses rights beyond those granted by the contract.

39. Lead Generation and Licensing

The Website expressly says it connects homeowners with local cash buyers.

A simple Website introduction is not automatically regulated brokerage.

However, when a person:

Acts for another;
Negotiates;
Markets real estate;
Provides transaction services; or
Receives compensation or consideration

the actual arrangement should be reviewed under South Dakota’s broker definition.

40. Licensed Real Estate Professionals

Where a South Dakota real estate licensee participates, separate duties may apply concerning:

Brokerage relationships;
Agency;
Advertising;
Offers;
Compensation;
Trust funds;
Disclosure;
Professional conduct; and
Recordkeeping.

A seller’s agent must disclose adverse material facts actually known to the licensee, and a licensee acting with a customer must also disclose known adverse material facts as required by South Dakota law.

The licensee generally has no duty to independently inspect the property solely to discover unknown defects.

41. Foreclosure and Financial Distress

The Website markets to homeowners who may be:

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

We are not your:

Mortgage lender;
Mortgage servicer;
Attorney;
Financial adviser;
Credit counselor;
Housing counselor;
Mortgage broker;
Mortgage loan originator;
Debt-settlement provider;
Loan-modification provider; or
Foreclosure consultant

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.

42. No Separate Comprehensive Foreclosure-Rescue Purchaser Statute Identified

As of the effective date of these Terms, we do not rely on a separate South Dakota foreclosure-consultant or distressed-homeowner equity-purchaser statute comparable to the specialized regimes in Nebraska, New Mexico, or New Hampshire.

Accordingly, these Terms do not invent a universal three-, five-, or seven-day investor-purchase cancellation period that South Dakota law does not provide.

Other mortgage, foreclosure, real-estate, consumer-protection, and federal rules may nevertheless apply depending on the conduct involved.

43. Ordinary Purchase Versus Mortgage Services

A bona fide arm’s-length purchase of real estate is different from offering, for compensation, to:

Negotiate a mortgage;
Originate a mortgage loan;
Modify loan terms;
Obtain refinancing;
Obtain forbearance;
Settle mortgage debt;
Receive consumer payments for creditors; or
Provide foreclosure-relief services.

Those activities may be separately regulated.

44. South Dakota Mortgage Licensing

South Dakota generally requires appropriate licensing before a person acts as a:

Mortgage lender;
Mortgage brokerage;
Mortgage broker; or
Mortgage loan originator

with respect to property located in South Dakota, unless an exemption applies.

A direct cash purchase does not itself authorize regulated mortgage activity.

45. Federal Mortgage-Assistance Rules

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

Those rules can regulate:

Advance fees;
Advertising representations;
Required notices;
Communications with lenders or servicers; and
Consumer acceptance procedures.

46. No Foreclosure-Rescue Guarantees

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

We act for your lender;
We act for your mortgage servicer;
We act for South Dakota or the federal government;
We guarantee foreclosure will stop;
We guarantee a loan modification;
We will negotiate your mortgage for you;
We will settle your mortgage debt;
You should stop communicating with your lender;
You should stop making legally required payments; or
Selling through us is your only option.

47. Foreclosure Deadlines

Requesting an offer does not automatically:

Stop foreclosure;
Extend a court deadline;
Postpone a foreclosure sale;
Cure mortgage default;
Modify a mortgage;
Reinstate a loan; or
Create a forbearance agreement.

Homeowners facing foreclosure should independently determine actual deadlines and available options.

48. Agricultural Property

South Dakota maintains a separate agricultural mediation framework affecting certain qualifying agricultural debts and agricultural property.

Where property or debt falls within that statutory framework, separate mediation rights or procedures may apply.

The ordinary residential Website workflow should not be assumed to replace those protections.

49. Probate, Estate, Trust, and Inherited Property

Submitting inherited, estate, probate, or trust property does not establish legal authority to sell.

A transaction may require:

Personal-representative authority;
Executor or administrator authority;
Trustee authority;
Court documentation;
Participation of heirs or beneficiaries;
Appropriate deeds; or
Other evidence of authority.

Certain fiduciary and probate transfers may qualify for statutory seller-disclosure exemptions.

50. Insurance Claims and Fire-Damage Proceeds

A fire-damaged property may involve an open 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 lawful arrangement.

You are responsible for understanding:

Insurance coverage;
Proof-of-loss requirements;
Claim deadlines;
Insurance proceeds;
Repair obligations;
Mortgagee rights;
Recoverable depreciation;
Assignment restrictions;
Salvage issues; and
Policy conditions.

51. Pending Insurance Claims

If property is sold while an insurance claim remains pending, the transaction documents should address the parties’ respective rights concerning:

Existing proceeds;
Supplemental proceeds;
Recoverable depreciation;
Additional claims;
Repairs;
Salvage rights; and
Related insurance benefits.

52. Insurance Documents Are Not Automatically a Statutory Package

South Dakota’s disclosure form specifically asks about damage claims, insurance payments, repairs, and unrepaired damage.

That does not mean every insurance document must automatically be delivered to every buyer.

The actual transaction, disclosure statement, contract, and applicable law control.

53. Website Insurance and Safety Guidance

The Website provides general guidance concerning:

Fire-department clearance;
Protective equipment;
Insurance claims;
Adjusters;
Damage documentation;
Property security;
Professional cleanup; and
Repairs.

That information is general educational content.

Property owners should follow:

Fire-department instructions;
Their insurance policy;
Insurer requirements;
Emergency mitigation obligations;
Local governmental requirements; and
Qualified professional advice.

54. Correction of Unsupported Website Claims

The Website currently makes highly specific claims concerning:

Fire damage reducing property value by 20%–40%;
Cash-buyer closing times;
Traditional-market sale timing;
Repair outcomes;
Insurance outcomes;
Investor-market characteristics; and
Other performance or market assertions.

These Terms do not adopt those figures as legal rules or guaranteed outcomes.

Any precise statistical, market, cost, insurance, or performance claim should be independently substantiated before continued use.

55. Auctions Are Not Guaranteed Sales

The Website currently states that auctions “guarantee a specific sale date.”

An auction may set a scheduled auction date, but that does not necessarily guarantee:

A qualifying bid;
A completed sale;
A particular price; or
Closing.

Website language should avoid guaranteeing an outcome unless the actual auction structure supports that representation.

56. Building Codes, Permits, and Unsafe Structures

Fire-damaged property may be subject to:

Building codes;
Unsafe-building determinations;
Condemnation;
Repair permits;
Electrical permits;
Plumbing permits;
Fire-code requirements;
Demolition requirements;
Occupancy restrictions;
Utility restrictions;
Environmental requirements; and
Local ordinances.

Requirements vary by municipality.

An as-is transaction does not override governmental requirements.

57. Telephone Communications

By providing a telephone number and requesting an offer, you authorize reasonable responsive communications concerning:

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

Additional consent will be obtained where legally required for regulated automated or marketing communications.

58. Recording of Communications

South Dakota generally permits a person to record a communication where:

The recorder is a sender, receiver, or participant; or
A party to the communication has consented,

subject to applicable statutory restrictions.

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

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

Because another participant may physically be in a jurisdiction requiring consent from all parties, additional notice or consent may be required.

Where another applicable law is stricter, that stricter requirement controls.

59. Text Messages

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

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

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

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

Message and data rates may apply.

Message frequency may vary.

Reply STOP to request that applicable messages stop.

60. Email Communications

By providing an email address, you authorize communications concerning:

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

Applicable promotional emails will include an unsubscribe mechanism.

61. Electronic Communications

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

62. Privacy

Our handling of personal information is described in our Privacy Policy.

63. Independent Decision-Making

Selling real estate can have substantial:

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

You may wish to consult:

A South Dakota attorney;
A licensed South Dakota 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 adviser.

64. No Professional Advice

Website content does not constitute individualized:

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

65. 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;
Partnership;
Joint venture; or
Employment.

Where a licensed South Dakota real estate professional participates, applicable brokerage documents and statutory duties control.

66. Acceptable Use

You may not:

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

67. Intellectual Property

Unless otherwise stated, the Website and its original:

Text;
Branding;
Graphics;
Images;
Designs;
Layout; and
Software

are owned by or licensed to South Dakota Fire House Buyer.

You may not commercially reproduce protected Website content without authorization.

68. Third-Party Services

We are not responsible for independent third-party:

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

69. Website Availability

We may modify, restrict, suspend, or discontinue Website features.

Continuous or error-free availability is not guaranteed.

70. No Guarantee of Transaction

We do not guarantee:

An offer;
Fair-market-value pricing;
A particular purchase price;
A particular closing date;
Assignment of a contract;
Availability of another buyer;
Completion of a transaction; or
A particular financial result.

71. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS 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 eliminates rights that applicable law does not permit to be waived.

72. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUTH DAKOTA 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 separately executed:

Purchase agreements;
Assignment agreements;
Brokerage agreements;
Mortgage-related agreements; or
Other transaction-specific agreements

unless those agreements expressly provide otherwise and applicable law permits it.

73. 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 unaffiliated prospective purchasers.

Nothing in this provision excludes liability that applicable law does not permit to be excluded.

74. Indemnification

To the extent permitted by law, you agree to indemnify South Dakota Fire House Buyer from claims arising from:

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

75. Governing Law

These Terms are governed by the laws of the State of South Dakota, except where another law must apply.

76. Venue and Disputes

Subject to mandatory jurisdiction, venue, consumer-protection, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in South Dakota.

These Website Terms do not impose mandatory arbitration.

A separately executed transaction agreement may contain different enforceable dispute provisions.

77. Non-Waivable South Dakota Rights

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

South Dakota residential seller-disclosure law;
South Dakota homeowners-association disclosure law;
South Dakota real estate licensing law;
South Dakota deceptive-trade-practices law;
South Dakota communications-interception law;
South Dakota data-breach law;
South Dakota mortgage-lending law;
Federal mortgage-assistance rules;
Federal disclosure law; or
Other applicable law.

78. Transaction Agreements Control

These Website Terms do not replace:

Purchase agreements;
Assignment agreements;
Brokerage agreements;
Seller’s Property Condition Disclosure Statements;
HOA disclosures;
Title documents;
Closing documents;
Insurance-related agreements;
Mortgage-related agreements; or
Other transaction-specific documents.

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

79. Changes to These Terms

We may update these Terms periodically.

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

80. Severability

If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect.

81. No Waiver

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

82. Assignment

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

We may assign them in connection with:

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

subject to applicable law.

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

A purchase-contract assignment is governed by:

The contract;
South Dakota contract law;
South Dakota real estate licensing law; and
Other applicable law.

83. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy govern Website use.

They do not supersede separately executed real estate transaction documents.

84. Contact Us

Questions concerning these Terms may be directed to:

South Dakota Fire House Buyer
South Dakota
United States

Website: southdakotafirehousebuyer.com

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