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 westvirginiafirehousebuyer.com (the “Website”) and services offered through the Website by West Virginia Fire House Buyer (“West Virginia 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 or judgments;
  • Property requiring substantial repairs; and
  • Other residential or investment property.

Depending on the property and transaction, we may:

  • Evaluate the 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

West Virginia Fire House Buyer operates within the real estate investment, property-acquisition, cash-buyer, marketing, referral, lead-generation, and buyer-matching 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 agent;
  • Attorney;
  • Accountant;
  • Tax adviser;
  • Financial adviser;
  • Insurance adviser;
  • Public adjuster;
  • Contractor;
  • Engineer;
  • Appraiser;
  • Fiduciary;
  • Housing counselor;
  • Mortgage lender;
  • Mortgage servicer;
  • Mortgage broker;
  • Loan-modification provider;
  • Credit-services provider;
  • Debt-settlement provider;
  • Foreclosure consultant; or
  • Other professional adviser.

3. Lead Generation and Local Buyer Matching

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

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 property information does not require West Virginia 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 a previous 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.

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

7. Property Information and Research

We or prospective purchasers may research:

  • Property address;
  • Ownership;
  • Property condition;
  • Fire damage;
  • Smoke damage;
  • Firefighting-water damage;
  • Structural damage;
  • Electrical and plumbing condition;
  • Roof and foundation condition;
  • Heating and cooling;
  • Occupancy;
  • Repairs;
  • Permits;
  • Insurance claims;
  • Desired selling timeline;
  • Mortgages;
  • Deeds of trust;
  • Liens;
  • Judgments;
  • Property taxes;
  • Probate;
  • Foreclosure;
  • Inheritance; and
  • Other matters relevant to evaluating a potential 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 incorporated into a legally enforceable transaction agreement.

A preliminary offer may change after due diligence.

9. Illustrative Offer Formula

The Website describes an offer formula 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 costs;
  • Resale costs;
  • Market conditions;
  • Risk; and
  • Investment return.

No particular offer amount is guaranteed.

10. Binding Transactions

A binding real estate transaction arises only after 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;
  • Deeds of trust;
  • Liens;
  • Judgments;
  • Taxes;
  • Required disclosures;
  • Probate or estate matters;
  • Foreclosure status;
  • Buyer funding;
  • Closing requirements; and
  • Other contractual or legal conditions.

11. West Virginia Does Not Have One Universal Statutory Seller Property-Condition Form

As of October 6, 2026, West Virginia does not impose one universal statewide statutory seller property-condition questionnaire that every private residential seller must complete in every transaction.

This differs from states that require nearly all residential sellers to complete a legislatively prescribed disclosure form.

West Virginia seller responsibilities instead arise from sources including:

  • Common-law fraud and concealment principles;
  • Statements and representations actually made by a seller;
  • Contractual disclosure obligations;
  • Duties of participating real estate licensees;
  • Federal law;
  • Property-specific statutes;
  • Local requirements; and
  • Other applicable law.

12. Known Latent Defects

West Virginia case law recognizes an important seller duty concerning known latent defects.

Where a seller knows of a defect or condition that:

  • Substantially affects the property’s value or habitability;
  • Is unknown to the purchaser; and
  • Would not be disclosed by a reasonable and diligent inspection,

the seller may have a duty to disclose that condition.

Failure to disclose a qualifying known latent defect may constitute fraud.

13. As-Is Language Does Not Automatically Defeat a Fraud Claim

West Virginia’s Supreme Court of Appeals has specifically held that an “as is” clause does not relieve a seller of the obligation to disclose a known condition that substantially affects value or habitability when the purchaser does not know of the condition and would not discover it through a reasonable and diligent inspection.

Accordingly, “as-is” should not be interpreted as permission to intentionally conceal a known latent material defect.

14. Fire Damage Can Create a Disclosable Latent Defect

Fire, smoke, firefighting activity, or incomplete restoration may create conditions including:

  • Structural damage;
  • Roof damage;
  • Foundation damage;
  • Electrical damage;
  • Plumbing damage;
  • Heating or cooling damage;
  • Smoke contamination;
  • Firefighting-water intrusion;
  • Mold;
  • Hazardous-material disturbance;
  • Chimney or fireplace damage;
  • Building-code violations;
  • Incomplete repairs;
  • Unpermitted repairs; and
  • Other conditions affecting value, safety, or habitability.

If a seller knows of a qualifying latent fire-related defect that substantially affects value or habitability and the buyer would not discover it through reasonable diligence, disclosure may be required.

15. No Universal Requirement to Disclose Every Historical Fire Incident

These Terms do not state that every historical fire incident must automatically be disclosed in identical detail regardless of circumstances.

The relevant analysis can depend on:

  • What condition currently exists;
  • Whether it substantially affects value or habitability;
  • Whether the seller knows of the condition;
  • Whether the buyer knows of it;
  • Whether reasonable inspection would disclose it;
  • Whether representations have already been made;
  • What the purchase agreement requires; and
  • Whether another law or professional duty applies.

16. No Universal Fire-Documentation Package

Fire-related records can be valuable, including:

  • Fire-department incident reports;
  • Insurance files;
  • Contractor invoices;
  • Repair estimates;
  • Engineering reports;
  • Inspection reports;
  • Building permits;
  • Photographs;
  • Code-compliance documents; and
  • Remediation records.

However, West Virginia does not impose one universal statewide rule requiring every private residential seller automatically to deliver every such document to every prospective purchaser.

A particular document may nevertheless be required by:

  • Contract;
  • Buyer due diligence;
  • An insurer;
  • A lender;
  • A municipality;
  • A licensed professional; or
  • Another law.

17. Correction of the Website’s Documentation Claims

The Website currently advises that a seller’s “protection package should include” original insurance files, contractor invoices, professional assessments, before-and-after photographs, adjuster communications, and building inspection certificates.

Maintaining those records can be prudent.

These Terms do not characterize that complete package as a universal statutory seller-delivery requirement.

18. No Universal Requirement for a Professional Fire Inspection

The Website recommends professional inspections and appraisals.

Those evaluations may be valuable, particularly where fire damage affects:

  • Structure;
  • Electrical systems;
  • HVAC;
  • Moisture;
  • Mold;
  • Roofing; or
  • Other safety-related components.

However, West Virginia does not impose one general statewide rule requiring every private seller to commission a professional fire inspection, engineering report, or appraisal before every as-is sale.

Property-specific governmental or contractual requirements may still apply.

19. Real Estate Broker Disclosure Duties

A West Virginia real estate broker may face liability to a purchaser if the broker:

  • Makes material misrepresentations concerning residential property; or
  • Fails to disclose defects or conditions substantially affecting value or habitability that the broker knows or reasonably should know about, where the purchaser is unaware and would not discover the issue through reasonably diligent inspection.

West Virginia’s Real Estate Commission also instructs licensees that their duties to consumers include disclosing all material facts of which the licensee has knowledge.

20. No General Broker Duty to Independently Discover Every Hidden Defect

West Virginia case law does not impose a general independent duty on a real estate broker to inspect residential property simply to uncover unknown latent defects.

This does not permit a broker to conceal or misrepresent material information the broker actually knows or is legally responsible for disclosing.

21. Agency Disclosure

Where a West Virginia real estate licensee participates, the licensee generally must disclose in writing whether the licensee represents:

  • The seller;
  • The buyer;
  • Both parties where legally permitted;
  • A landlord;
  • A tenant; or
  • Both landlord and tenant where permitted.

The Commission’s Notice of Agency Relationship generally must be supplied before the relevant representation or sale/purchase contract is signed.

22. Licensee Buying for Own Account

If a West Virginia real estate licensee directly or indirectly purchases for themselves, or acquires or intends to acquire an interest or option in an owner’s property, West Virginia licensing law requires the licensee to disclose the licensee’s true position to the owner.

Applicable written disclosures should be made before the transaction proceeds.

23. Licensee Fraud and Misrepresentation Rules

West Virginia may discipline a real estate licensee for conduct including:

  • Substantial misrepresentation;
  • False promises;
  • Misleading advertising;
  • Material fraud;
  • Concealment;
  • Dishonest dealing;
  • Undisclosed compensation;
  • Unauthorized brokerage; and
  • Other violations of the Real Estate License Act.

24. 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 make repairs.

“As-is” does not automatically eliminate:

  • Fraud or concealment liability;
  • Duties concerning known latent defects;
  • Contractual disclosure obligations;
  • Broker duties;
  • Federal disclosures;
  • Title obligations;
  • Government orders; or
  • Other non-waivable legal duties.

25. No Universal Repair Requirement Before Sale

West Virginia does not impose one statewide rule requiring every fire-damaged home to be fully restored before sale.

A damaged property may potentially be sold as-is.

Separate:

  • Building codes;
  • Unsafe-building orders;
  • Fire-code requirements;
  • Repair permits;
  • Electrical permits;
  • Demolition orders;
  • Occupancy restrictions;
  • Utility requirements;
  • Environmental requirements;
  • Insurance obligations; and
  • Municipal ordinances

may nevertheless affect the property.

26. Correction of the Website’s “Full Damage Disclosure Is Non-Negotiable” Claim

The Website currently states that “full damage disclosure remains non-negotiable” while discussing minimum repairs.

That statement should be narrowed.

West Virginia does impose meaningful duties concerning known latent defects and fraud, but it does not have one universal statewide disclosure form or a rule requiring every seller automatically to deliver every historical detail and document concerning a fire.

27. Website Safety Claims

The Website states that dangerous electrical and structural conditions “need fixing.”

Such conditions can present serious safety concerns and may trigger:

  • Local code requirements;
  • Unsafe-structure orders;
  • Utility restrictions;
  • Insurance requirements;
  • Occupancy restrictions; or
  • Buyer/lender requirements.

But whether a seller must repair a particular condition before an as-is transfer depends on the specific governmental order, property location, contract, and other applicable law.

28. 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 contractually permitted due diligence;
  • Authorize fraud or concealment;
  • Eliminate governmental inspection requirements; or
  • Override executed transaction documents.

29. Fast Closing and Similar Advertising Statements

The Website may advertise:

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

These are possible transaction terms and not guarantees.

Actual timing may depend on:

  • Property condition;
  • Ownership;
  • Title;
  • Mortgages;
  • Deeds of trust;
  • Liens;
  • Judgments;
  • Taxes;
  • Buyer funding;
  • Property access;
  • Due diligence;
  • Probate;
  • Foreclosure;
  • Government requirements; and
  • Closing-provider requirements.

30. Closing Costs, Fees, and Commissions

Where a purchaser agrees to:

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

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

Website advertising does not override those documents.

31. Correction of Unsupported Value and Timing Statistics

The Website currently contains precise generalized claims including:

  • A 73% insurance-claim delay statistic;
  • 20%–30% value reductions for minor damage;
  • 30%–40% reductions for moderate structural damage;
  • 40%–50% or greater reductions for severe damage;
  • A 45–60 day traditional-sale average;
  • A 30–90 day fire-damaged-sale timeframe;
  • Specific restoration-cost ranges; and
  • Other generalized performance claims.

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

Any precise statistical, market, insurance, repair-cost, or timing claim used in production advertising should be independently substantiated.

32. Insurance Cleanup Advice

The Website currently states, in effect, that homeowners should not begin any cleanup until explicit insurer approval.

That statement should be qualified.

Insurance policies can impose duties to:

  • Protect property from further damage;
  • Take emergency mitigation measures;
  • Preserve evidence;
  • Notify the insurer; or
  • Cooperate with an adjuster.

Owners should follow their actual insurance policy, emergency instructions, insurer directions, fire-department guidance, and qualified professional advice.

33. West Virginia Real Estate Licensing

West Virginia’s Real Estate License Act broadly defines a broker as a person who, for compensation or with the intention or expectation of compensation:

  • Lists;
  • Sells;
  • Purchases;
  • Exchanges;
  • Options;
  • Rents;
  • Manages;
  • Leases;
  • Auctions an interest in real estate;
  • Directs or assists in procuring prospects calculated or intended to result in a real estate transaction;
  • Advertises or holds themselves out as engaging in regulated activity;
  • Negotiates or attempts to negotiate; or
  • Offers to engage in regulated activity.

Unless an exemption applies, performing regulated brokerage without a West Virginia license is unlawful.

34. Bona Fide Owner Exemption

West Virginia generally excludes a person acting on their own behalf as owner or lessor of real estate from the Real Estate License Act.

Accordingly, a genuine owner dealing with property actually owned by that person can be situated differently from someone providing compensated services for another property owner.

Whether a person holding only a purchase agreement or another contractual interest qualifies for an exemption depends on the actual facts and should not be assumed merely from the label “investor” or “wholesaler.”

35. Lead Referrals and Procuring Prospects

The broker definition expressly includes directing or assisting in procuring a prospect calculated or intended to result in a real estate transaction where the compensation element is satisfied.

Because this Website expressly says it connects homeowners with local cash buyers, any compensated buyer/seller lead-routing arrangement should be reviewed carefully for licensing compliance.

36. Compensation to Unlicensed Persons

West Virginia licensing law restricts compensation connected with regulated real-estate activities.

A licensee may be disciplined for:

  • Paying compensation for acts or services performed in violation of licensing law; or
  • Structuring indirect payments in a manner that would violate the law if paid directly.

Any referral-fee or lead-compensation arrangement involving a licensee should therefore be reviewed before implementation.

37. Contract Assignments and Wholesaling

As of October 6, 2026, West Virginia does not have an enacted separate comprehensive residential-wholesaling statute comparable to the specialized regimes now operating in states such as Pennsylvania, Oklahoma, Missouri, Louisiana, or Iowa.

West Virginia lawmakers introduced legislation in 2025 and again in 2026 that would prohibit or substantially restrict residential wholesaling.

The 2026 proposal, House Bill 4493, remains pending and has not become law.

These Terms therefore do not falsely state that residential wholesaling is presently abolished in West Virginia.

38. Proposed Wholesaling Ban Is Not Current Law

The pending 2026 legislation would define wholesaling around entering a purchase contract with the intent to assign, sell, or transfer contractual rights for consideration without taking title and would prohibit that practice if enacted in its proposed form.

Because the legislation remains pending, those proposed prohibitions and remedies should not be presented on the Website as current law.

Future transactions should be reviewed again if West Virginia later enacts a wholesaling statute.

39. Existing Licensing Law Still Applies to Assignment Models

The absence of an enacted wholesaling-specific statute does not mean every assignment structure is outside West Virginia’s Real Estate License Act.

Relevant considerations include:

  • Whether the person is acting for another;
  • Whether compensation is expected;
  • Whether the person is buying or selling an interest in real estate;
  • Whether an option is involved;
  • Whether prospects are being procured;
  • Whether another person’s property is being marketed;
  • Whether negotiation is occurring for another person;
  • Whether the person actually owns the property; and
  • Whether a statutory exemption applies.

40. 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 is the deed owner;
  • It owns legal title when it does not;
  • Title has already transferred;
  • It owns rights greater than the contract provides; or
  • An assignment of contractual rights is the same thing as conveying title to the real estate.

41. Assignment Depends on the Contract and Applicable Law

Whether a purchase agreement may be assigned depends on:

  • The language of the agreement;
  • Any anti-assignment provision;
  • Required consents;
  • The nature of the contractual rights;
  • Applicable West Virginia law; and
  • Real estate licensing requirements.

Nothing on the Website guarantees that a particular contract may be assigned.

42. Options and Other Interests

West Virginia’s broker definition expressly addresses activity concerning options and interests in real estate when the other statutory elements are satisfied.

Option-based acquisition or marketing strategies should therefore be reviewed rather than assumed to be outside real estate regulation.

43. 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 sale.

We are not your:

  • Mortgage lender;
  • Mortgage servicer;
  • Attorney;
  • Financial adviser;
  • Credit counselor;
  • Housing counselor;
  • Mortgage broker;
  • Loan-modification provider;
  • Credit-services organization;
  • Debt-settlement 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.

44. Requesting a Cash Offer Does Not Stop Foreclosure

Submitting a Website inquiry or negotiating a possible purchase does not automatically:

  • Stop foreclosure;
  • Postpone a trustee sale or other foreclosure event;
  • Extend a cure deadline;
  • Modify a mortgage;
  • Reinstate a loan;
  • Create a forbearance agreement;
  • Satisfy a court deadline; or
  • Require a lender or servicer to delay enforcement.

Homeowners facing foreclosure should independently determine the deadlines applicable to their loan and property.

45. Ordinary Property Purchase Versus Mortgage Services

A bona fide arm’s-length purchase of real estate is different from providing compensated services to:

  • Arrange residential mortgage loans;
  • Negotiate mortgage terms for another;
  • Obtain an extension of credit for a consumer;
  • Modify a mortgage;
  • Obtain refinancing;
  • Settle mortgage debt;
  • Obtain forbearance;
  • Improve a consumer’s credit; or
  • Provide other mortgage- or credit-relief services.

Those activities can trigger separate licensing and consumer-protection requirements.

46. West Virginia Mortgage Licensing

West Virginia generally requires an appropriate license before a person engages in the business of a residential mortgage lender or broker unless an exemption applies.

Mortgage loan originators are also separately licensed.

A direct cash property purchase does not itself authorize a property purchaser to conduct regulated mortgage brokerage, lending, origination, or servicing.

47. Credit Services Organizations

West Virginia separately regulates qualifying credit services organizations.

A person who, for payment or other valuable consideration, provides or represents that the person will provide services involving:

  • Improving a buyer’s credit record, history, or rating;
  • Obtaining an extension of credit; or
  • Advice or assistance concerning those activities

may fall within the statutory framework unless an exemption applies.

48. Three-Day Cancellation for Covered Credit-Services Contracts

Where a separate service qualifies under West Virginia’s credit-services-organization statute, the consumer contract generally must contain a notice stating that the buyer may cancel before midnight of the third day after the transaction.

This three-day right concerns covered credit-services contracts.

It should not be misrepresented as a universal cancellation period for every ordinary cash real-estate purchase.

49. Credit-Services Compensation Restrictions

Covered credit-services organizations face statutory restrictions concerning advance compensation and other practices.

Accordingly, West Virginia Fire House Buyer should not transform an ordinary property-purchase relationship into a paid credit-repair, financing, or mortgage-relief service without separately reviewing and satisfying applicable law.

50. Federal Mortgage Assistance Relief Services Rules

If a separate service constitutes mortgage-assistance-relief services under federal law, federal rules may regulate matters including:

  • Advance fees;
  • Advertising representations;
  • Required consumer notices;
  • Communications with mortgage lenders and servicers; and
  • Consumer acceptance.

51. 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 the State of West Virginia or federal government;
  • We guarantee foreclosure will stop;
  • We guarantee a loan modification;
  • We will modify your mortgage;
  • We will negotiate your mortgage for you;
  • We will repair your credit;
  • You should stop communicating with your lender;
  • You should stop making legally required payments; or
  • Selling through us is your only option.

52. No Special Investor Cancellation Period Invented Here

As of the effective date of these Terms, we do not rely on a separate West Virginia foreclosure-consultant/equity-purchaser statute creating the same specialized three-, five-, or seven-day investor-purchase cancellation periods found in some other states.

Accordingly, these Terms do not invent such a cancellation right for an ordinary arm’s-length investor purchase.

Separate rights can arise under:

  • A purchase agreement;
  • Credit-services law;
  • Door-to-door or other consumer law where independently applicable;
  • Federal law;
  • Mortgage law; or
  • Other transaction-specific authority.

53. Probate, Estate, Trust, and Inherited Property

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

A transaction may require:

  • Executor authority;
  • Administrator authority;
  • Personal-representative authority;
  • Trustee authority;
  • Court documentation;
  • Participation of heirs or beneficiaries;
  • Appropriate deeds; or
  • Other proof of authority.

54. Transfer-on-Death Property

West Virginia recognizes transfer-on-death deeds.

Where property is subject to such an instrument, the parties should verify:

  • Whether the transferor remains living;
  • Whether the deed was properly recorded;
  • Whether it was revoked;
  • Whether another transfer occurred;
  • Whether the designated beneficiary’s interest has become effective; and
  • What documentation is required for the proposed sale.

A beneficiary designation does not necessarily establish present authority to sell during the transferor’s lifetime.

55. 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 legally compliant relationship.

Property owners are responsible for understanding:

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

56. Pending Insurance Claims

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

  • Existing insurance proceeds;
  • Supplemental proceeds;
  • Recoverable depreciation;
  • Additional claims;
  • Repair obligations;
  • Salvage rights; and
  • Related insurance benefits.

57. Insurance Documents Are Not Automatically a Statutory Buyer Package

Fire-department reports, insurer correspondence, contractor invoices, professional reports, photographs, and inspection certificates may be useful.

They are not automatically one universal statutory package that every West Virginia private seller must deliver to every buyer.

58. Building Codes, Permits, and Unsafe Structures

Fire-damaged property may be subject to:

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

Requirements can differ among West Virginia municipalities and counties.

An as-is transaction does not override governmental requirements.

59. Federal Lead-Based Paint Disclosure

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

Where applicable, required federal information and disclosures must be provided.

Nothing on the Website replaces those requirements.

60. Telephone Communications

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

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

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

61. Recording of Communications

West Virginia generally permits recording where:

  • The recorder is a party to the communication; or
  • One party has given prior consent,

unless the interception is made for the purpose of committing a criminal or tortious act.

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

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

62. Text Messages

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

  • Your inquiry;
  • Your property;
  • 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 communications 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.

63. Email Communications

By providing an email address, you authorize communications concerning:

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

Applicable promotional emails will include an unsubscribe mechanism.

64. Electronic Communications

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

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

65. Privacy

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

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

66. Independent Decision-Making

Selling real estate can have significant:

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

You may wish to consult:

  • A West Virginia attorney;
  • A licensed West Virginia 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.

67. 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;
  • Foreclosure advice; or
  • Other professional advice.

68. 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 West Virginia real estate professional participates in a regulated capacity, applicable agency notices, brokerage documentation, and statutory duties control.

69. Acceptable Use

You may not:

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

70. Intellectual Property

Unless otherwise stated, the Website and its original:

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

are owned by or licensed to West Virginia Fire House Buyer.

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

71. Third-Party Websites and Services

We are not responsible for independent third-party:

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

72. Website Availability

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

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

73. 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 purchaser;
  • Completion of a transaction; or
  • A particular financial result.

74. 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 legal protections that applicable law does not permit to be waived.

75. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEST VIRGINIA 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;
  • Credit-services agreements; or
  • Other transaction-specific documents

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

76. 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.

77. Indemnification

To the extent permitted by law, you agree to indemnify West Virginia 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.

78. Governing Law

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

79. Venue and Disputes

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

These Website Terms do not impose mandatory arbitration.

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

80. Non-Waivable West Virginia Rights

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

  • West Virginia common law concerning fraud and concealment;
  • West Virginia Real Estate License Act;
  • West Virginia Consumer Credit and Protection Act;
  • West Virginia credit-services law;
  • West Virginia Residential Mortgage Lender, Broker and Servicer Act;
  • West Virginia Wiretapping and Electronic Surveillance Act;
  • West Virginia Breach of Security of Consumer Information law;
  • Federal mortgage-assistance rules;
  • Federal disclosure law; or
  • Other applicable law.

81. Transaction Agreements Control

These Website Terms do not replace:

  • Purchase agreements;
  • Assignment agreements;
  • Brokerage agreements;
  • Agency disclosures;
  • Property-condition disclosures voluntarily or contractually used;
  • Title documents;
  • Settlement documents;
  • Insurance-related agreements;
  • Mortgage-related agreements;
  • Credit-services agreements; or
  • Other transaction-specific documents.

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

82. 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.

83. 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.

84. No Waiver

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

85. Assignment

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

We may assign these Terms 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 particular real estate purchase agreement may be assigned.

Assignment of a purchase agreement is governed by:

  • The agreement itself;
  • West Virginia contract law;
  • West Virginia real estate licensing law; and
  • Other applicable law.

86. Entire Agreement Regarding Website Use

These Terms and the Privacy Policy govern Website use.

They do not supersede separately executed real estate transaction documents.

87. Contact Us

Questions concerning these Terms may be directed to:

West Virginia Fire House Buyer
West Virginia
United States

Website: westvirginiafirehousebuyer.com