Last updated: June 1, 2022
This Website is offered and available to users who are 18 years of age or older and reside in Canada and/or the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
In order to place an offer on any property available for online offers on the BuyYourHomeKY.com website platform, you must REGISTER (https://buyyourhomeky.com/register) and create an account. If you are working with an Agent, you will need to provide us with their contact information. If you do not have an agent, please notify us so we can get you in touch with one as you MUST be working with an agent to use this platform.
By agreeing to these Terms and Conditions you agree and understand any offers you submit will be available and visible to the public in real-time on the property page of our website.
The Seller has required the listing agents to have all offers submitted online. We have been instructed NOT to review or present offers that were not submitted through the online process.
If you are bidding from a different time zone than the property, you MUST change the clock on your computer to ensure your bids are submitted in a timely manner.
WE DO NOT RECOMMEND USING A MOBILE PHONE FOR BIDDING! IF YOU DO, YOU MUST REFRESH YOUR SCREEN TO ENSURE ACCURACY!
CLICK HERE (https://buyyourhomeky.com/register) to register for access to the online offers platform.
By creating your account, you agree, accept AND understand the Terms and Conditions of the online offers process and the BuyYourHomeKY.com online offers platform.
In addition, you must either provide acceptable Proof of Funds if paying in cash OR a FULL Underwritten Loan Pre-Approval Letter or the actual Automated Underwriting printout from a Licensed Mortgage Lender (pre-qualifications are not allowed) prior to getting access to the online offers area. Registration and documents must be completed and provided to the listing agent of the property you are making offers on NO LATER than 12:00 pm (noon) Eastern Time on the final day of the online offers sale event.
If you are not pre-approved and want to come to the Open House event to tour the home, you may do so, but you will not be allowed to access the online offers platform unless and until you either supply the listing agent of the property you are interested in the appropriate pre-approval or proof of funds as stipulated previously.
We will have licensed lenders on-site at the event to pre-approve anyone who is not already pre-approved but wants to make an offer on the home. For those buyers who want to get pre-approved on-site, they need to bring and provide the lender with acceptable documentation to facilitate pre-approval or they will not be allowed to place any offers.
If you have not registered and/or you have not provided suitable documentation by NOON on the day the sales event ends on the property you are interested in and want to make an offer on, you will NOT be allowed to place any offers!
If you do not have a mortgage lender you can get the loan approval started with the Lenders that will be available at our Open House Event.
We also STRONGLY encourage you or your agent to log in to your account well in advance of the end of the stipulated online offers time limits on the property you wish to make an offer. You can see all offers on the property page for the home you are interested in. It is IMPORTANT to understand the steps and functionality needed to place your offer(s). Technical or agent support will not be available after 12:00 pm Arizona time on the final day of the sales event.
CLICK HERE (https://buyyourhomeky.com/register ) to register for access to the online offers platform.
Upon acceptance and approval of your documentation submitted as described above (acceptable proof of funds/lender pre-approval letter), you will be granted access to our online offers platform which means you will receive access to make offers on properties that meet your criteria.
EACH PROPERTY WILL HAVE DIFFERENT TIMES THAT ACTIVATIONS / OFFERS WILL TAKE PLACE SO PLEASE READ THE DESCRIPTION FOR THE PROPERTY YOU ARE INTERESTED IN MAKING AN OFFER ON.
You MUST be working with a licensed Kentucky Real Estate Agent – No Exceptions!
If you do not have an agent to represent you, we can recommend several that you can choose from. These agents will work ONLY on your behalf and only in your best interests, but they are also familiar with and understand this type of platform. Please contact us to let us know if you need us to refer a licensed agent to represent you.
A licensed Real Estate Agent must prepare all required documents (other than loan pre-approval) and initiate the process.
Once you have an agent representing you, our registration page will have you enter their contact information. Registration must be completed by the buyer. Our agents will contact them and review the online offers procedures.
Our agents are experts in this process and can guide you and your agent through the entire online offers process from beginning to end and answer all of your questions.
“Final Declared Winning Offer” – Being the highest offer on the site property page does not necessarily mean your offer is the final declared winning offer or that your offer is accepted. There are many factors that go into a seller accepting an online offer such as type of mortgage financing, down payment, amount of earnest money, closing date, home sale, other contingencies, etc.
The listing agent will call all agents representing buyers who have placed competitively priced offers on a particular property on our platform to learn all the details of their offers. Only after the seller and seller’s agent discuss the terms of all the competitive offers submitted on the site will they determine who the “Final Declared Winning Offer” is from all competitive registered buyers involved in the online sales event.
If Your offer is declared the “Final Winning Offer” by Seller or Seller’s Agent – If you are declared the final winning offer, you must have your agent submit a signed Kentucky Residential Purchase Contract to the seller/seller’s real estate listing agent along with the earnest money deposited with the seller’s title company as escrow agent within the time specified in “sale terms and conditions” (typically within 24 hours but please see the property posting for complete details). If you do not have an agent, please Contact Us as you must have a licensed agent perform this function and be registered on our site prior to your being able to place any offers on a property on our platform.
Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.
What is the “Agent Compensation” – Using the BuyYourHomeKY.com online offers platform, real estate commission is paid in whole or in part from what is called “Agent Compensation”. Agent Compensation depends on what you and your agent agree is fair compensation for their services. Agent Compensation can range from 1% to 12% of the “Final Declared Winning Offer” price accepted (this is not the Final Sales Price). The exact percentage amount of Agent Compensation can be different for each property offered on our platform so be sure to read the specific terms on the property page and MLS listing for the property you are interested in.
The FINAL SALES PRICE which will be shown on a Kentucky Residential Purchase Contract calculated in the following manner:
Final Declared Winning Offer Price + Agreed upon Agent Compensation Amount = FINAL SALES PRICE.
The Agent Compensation is calculated using the highest final offer NOT based on the Total Purchase Price.
This is the MOST transparent way for a seller to offer the lowest price on their home and still compensate the real estate agents who conduct and close the transaction.
Each property listed on our platform site will offer different terms, conditions, and agent compensation, so be sure to research the property you are interested in thoroughly along with all of the details on the property page.
Properties will be available for viewing by the general public ONLY on the day(s) specified on the property page of each specific property (unless agreed otherwise)
Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.
An online offer is a binding agreement and a seller can legally pursue a non-performing buyer.
Be sure to contact us if you have questions about the offer process.
Terms You Should Know:
WE SUGGEST YOU ALWAYS LOG INTO THE SITE 5 MINUTES BEFORE THE SCHEDULED ONLINE OFFERS EVENT ENDS TO SEE VIEW THE CURRENT OFFERS TO DETERMINE IF YOU WISH TO PLACE OR MODIFY YOUR OFFER(S).
Extension of Offers – Our system prevents last-second unfair “Sniper Offers” by automatically extending the online offers event expiration time.
If a buyer places an offer within 5 minutes of the end of the online offer posted expiration time, the system will automatically extend and allow more offers to be placed for an additional 5 minutes in order to allow all registered buyers the opportunity to respond and will continue to operate like this until there are no more offers placed during any 5-minute extended time period.
Attention – Final Declared Winning Offer
If your offer is Declared the Final Winning Offer: Our Seller’s Agent will contact your agent to discuss and finalize your offer and to determine the actual final sales price to be inserted into a Kentucky Residential Purchase Contract. The Highest Offer on our site does NOT mean you have an accepted contract. Once we have discussed the terms of your offer and the seller accepts your offer, your agent MUST submit a signed purchase agreement to the seller within the time specified in “sale terms and conditions” (please see the posting details on the property page). If you do not have an agent, please Contact Us.
Seller(s) reserve the right to accept, negotiate or reject any or all offers submitted online.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. There is only one registration entry allowed per buyer. (i.e.: only you or your licensed real estate agent can create an account for your bid)
You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned and trademarked by the Company, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
The Company name, the terms, Company trademarks, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
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To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing)
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise, attempt to interfere with the proper working of the Website.
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We own and control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
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Be likely to deceive any person.
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Impersonate any person or misrepresent your identity or affiliation with any person or organization. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Bidding and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
Links from the Website:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Authorized Real Estate Agent / Representative of the Website is based in the State of Kentucky in the United States. The owner of the Website is based in the State of Kentucky in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED ONE-THOUSAND DOLLARS ($1,000). THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction:
Limitation on Time to File Claims:
Waiver and Severability: