JACQUES HANMER LLC, HFS FLORIDA LLC, Jacques Hanmer, Alexander DiSaggio dba, City Group dba, and/or its real estate agents shall hereinafter collectively be referred to as "The Mobile Home Source".
The Mobile Home Source updated Terms of Service can be found at: https://TheMobileHomeSource.com/terms-of-service. Your continued use of services and communication with The Mobile Home Source constitutes your acceptance of updated Terms of Service. By accessing this web site and/or conducting business, in any capacity, with The Mobile Home Source, you are agreeing to be bound by these Terms of Service. If you disagree with any of the stated Terms of Service, you are prohibited from working with The Mobile Home Source in any capacity, using our services, or accessing this site.
This “Terms of Service” section applies to all inquirers, clients, real estate agents, email recipients, and users of The Mobile Home Source, without exception, in place of written fee agreements or engagement letters. These are our non-negotiable policies and terms of service. By engaging The Mobile Home Source, you unconditionally agree to all of these. We permit no exceptions to this rule. Please note that you are not our client and we have no responsibility to advise you or act on your behalf until a representation agreement is signed. We are under no obligation to accept any particular client, buyer, or seller, which may be accepted or declined entirely at our discretion.
IMPORTANT: LIABILITY LIMITATION; EXCLUSIVE REMEDY.
IN NO EVENT WILL The Mobile Home Source, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS/REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE AND/OR YOUR USE OF The Mobile Home Source, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, (D) ERRORS AND OMMISSIONS, (E) DECEPTIVE TRADE PRACTICES(DTPA) AND/OR (F) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
WAIVER OF CONSUMER RIGHTS (DTPA WAIVER).
YOU HEREBY WAIVE YOUR RIGHTS UNDER THE DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT, SECTION 17.41 ET SEQ., BUSINESS & COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST The Mobile Home Source, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS AND/OR ASSOCIATES WITH RESPECT TO THESE TERMS OF SERVICE OR THE USE OF The Mobile Home Source SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OF The Mobile Home Source.
YOU AGREE AND UNDERSTAND THAT The Mobile Home Source AND ITS AGENTS WILL NOT BE RESPONSIBLE FOR RELEASE AND/OR REPAYMENT OF ANY EARNEST MONEY YOU MAY DEPOSIT WITH A TITLE COMPANY.
IN THE EVENT YOU REQUEST A REFERRAL FOR A LOAN OFFICER OR LENDER, YOU AGREE THAT The Mobile Home Source AND ITS AGENTS WILL NOT BE HELD RESPONSIBLE IN ANY WAY FOR THE SERVICES PROVIDED BY THE LOAN OFFICER OR LENDER. YOU ARE WELCOME TO CHOOSE AND WORK WITH ANY LOAN OFFICER OR LENDER YOU PREFER AND DO NOT HAVE TO WORK WITH A LOAN OFFICER OR LENDER REFERRED TO YOU BY The Mobile Home Source AND ITS AGENTS.
LISTING SERVICES TERMS OF SERVICE.
SELLER AGREES TO DISCLOSE TO The Mobile Home Source ANY CURRENT, PENDING, OR PLANNED ISSUES THAT MAY NEGATIVELY AFFECT THE VALUE OF THE PROPERTY WHICH IS BEING LISTED AND AGREES NOT TO HOLD The Mobile Home Source LIABLE FOR ANY DAMAGES DUES TO FAILURE TO DISCLOSE. SELLER AGREES TO PROVIDE ACCURATE AND HONEST INFORMATION RELATED TO THE PROPERTY BEING LISTED AND TO DISCLOSE ALL RELEVANT FACTS. IF The Mobile Home Source IS NAMED IN A LAWSUIT FOR THE PROPERTY WHICH WAS LISTED, SELLER WILL PAY ALL The Mobile Home Source LEGAL FEES AND/OR DAMAGES.
SCOPE OF WORK
The Mobile Home Source IS A REAL ESTATE BROKERAGE, NOT A MORTGAGE BROKER OR A LENDER.
The scope of work of The Mobile Home Source for our clients is to help them find properties and sell properties. If you do not have financing, The Mobile Home Source can refer you to a Third Party Mortgage Broker or Lender as per the terms below. You are not obligated to use any of the third party mortgage brokers or lenders we refer you to. You are free to use any mortgage broker or lender you choose, and once approved by your mortgage broker or lender, City Group Propeties will help find a property for you.
EMAILS
Any statements by a The Mobile Home Source agent and/or affiliate in an e-mail do not create an agreement for our clients. A typed name in the e-mail is not an electronic signature nor is it the electronic signature of any of our clients. The Mobile Home Source agents and/or affiliates are only a facilitator and cannot bind our clients through verbal, text or email communications. Only a written offer fully initialed and signed by all parties binds the parties to the real estate contract.
OFFERS / COUNTER OFFERS
Any email communication from buyer or seller is not a counter offer. Buyer or seller may consider another offer and accept another offer. The Mobile Home Source agents and/or affiliates are only a facilitator and cannot bind the buyer or seller through verbal, text or email communications. Only a written offer fully initialed and signed by all parties binds the parties to the real estate contract.
PLEASE READ THIS IMPORTANT MESSAGE ABOUT WIRE FRAUD, CYBER CRIME, AND EMAIL HACKING
IN RECENT YEARS REAL ESTATE BUYERS AND SELLERS HAVE BEEN TARGETED BY HACKERS AND WE WANT YOU TO BE AWARE!
BY USING The Mobile Home Source SERVICES YOU ACKNOWLEDGE YOU ARE ADVISED TO FOLLOW THESE RULES:
• The Mobile Home Source AND/OR ITS AGENTS WILL NEVER EMAIL YOU WIRING INSTRUCTIONS OR MAKE A REQUEST FOR YOU TO WIRE MONEY.
If you receive an email or request from a City Group agent to wire money, please call our broker immediately at his direct cell phone number: 832-603-1107 call/text
• NEVER EMAIL SENSITIVE INFORMATION THAT YOU WOULD NOT WANT A HACKER TO HAVE ACCESS TO.
Ask the recipient of your email to provide you with a secure portal to send sensitive information through. The Mobile Home Source DOES NOT WARRANT OR GUARANTEE that any information sent or received via email to or from The Mobile Home Source and its agents and/or associates is secure against cyber attack or email hacking and you agree to indemnify and hold The Mobile Home Source harmless from any damages or loss that may occur from a cyber attack or email hacking.
• IF YOU MUST WIRE MONEY TO A TITLE COMPANY, CALL THEM DIRECTLY TO GET WIRING INSTRUCTIONS – NEVER TRUST AN EMAIL WITH WIRING INSTRUCTIONS NO MATTER WHO IT LOOKS LIKE IT IS FROM
This is very important – if you are tricked in to wiring money to someone besides the title company, you may not be able to recover your losses
IF YOU DO NOT AGREE WITH ANY PART OF THE RULES ABOVE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST The Mobile Home Source, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ITS AGENTS AND/OR ASSOCIATES WITH RESPECT TO CYBER CRIME, WIRE FRAUD, OR EMAIL HACKING, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OF The Mobile Home Source.
PROPERTY CONDITION DISCLAIMER FOR ALL BUYERS
The following property condition disclaimer and agreement pertains to anyone who has the intent to purchase, herein referred to as the "Buyer", any real estate including but not limited to single family homes, townhouses, condos, commercial buildings, farms, ranches, and the lots or land, above ground and below, the buildings reside on, herein referred to as the "Property".
Buyer acknowledges that The Mobile Home Source and/or its real estate agent or sales associates have not inspected any Property and make no representations or warranties as to Property condition and/or defects of the structure or land. Any information marketed in the MLS Listing for the Property was provided to The Mobile Home Source by the seller and/or third party sources and we do not warrant the information or guarantee its accuracy.
The Mobile Home Source RECOMMENDS AN INSPECTION: The Mobile Home Source and/or its agents or assigns do not warrant, guarantee, or have intimate knowledge of the Property condition of any Property we may list on the MLS and/or assist Buyer with the purchase of. Furthermore, The Mobile Home Source and/or its agents are not inspectors and are not educated on construction or Property condition and cannot interpret a Property inspection report or give advice related to Property condition or repairs.
The Mobile Home Source RECOMMENDS THAT THE BUYER HIRE A LICENSED INSPECTOR AND/OR SPECIALIST TO INSPECT THE PROPERTY. The Mobile Home Source RECOMMENDS THAT THE BUYER HAVE ANY HOME BUILT PRIOR TO 1978 TESTED FOR LEAD BASED PAINT WHICH CAN LEAD TO SERIOUS ILLNESS OR DEATH.
By placing an offer on a Property listed by City Group Properies or using a The Mobile Home Source agent to assist in placing an offer on any Property listed or not listed by The Mobile Home Source, the Buyer agrees that it is their responsibility to retain a licensed property inspector and/or specialist to inspect any Property the Buyer wishes to purchase, including a Property in which The Mobile Home Source may be representing the Buyer. The Buyer agrees and understands that The Mobile Home Source has recommended to the Buyer that they should hire a licensed property inspector, including but not limited to, specialist inspectors or contractors for foundation, drywall, roofing, stucco, private wells, plumbing, sewage, and any other items the Buyer would consider as items related to Property condition.
The Mobile Home Source RECOMMENDS BUYER PURCHASE A NEW SURVEY: Although the seller may be providing a copy of the survey of the Property, The Mobile Home Source RECOMMENDS THAT YOU PAY FOR A NEW SURVEY BY A SURVEY PROVIDER OF YOUR CHOICE. If you chose to accept the sellers existing survey, you agree that you will not hold The Mobile Home Source liable in any way for any survey related issues after closing.
INDEMINITY: THE BUYER AGREES TO AND HEREBY DOES INDEMNIFY AND HOLD HARMLESS The Mobile Home Source, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND/OR ASSOCIATES FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE RESULTING FROM ANY AND ALL ISSUES RELATED TO PROPERTY CONDITION AFTER THE CLOSING OF THE PROPERTY.
DISCLOSURE OF THIRD PARTY FINANCING RELATIONSHIPS - MORTGAGE BROKERS AND LENDERS
USERS OF The Mobile Home Source SERVICES UNDERSTANDING OF THE FOLLOWING:
USERS OF The Mobile Home Source SERVICES MAY BE REFERRED FOR THIRD PARTY FINANCING APPROVAL TO A MORTGAGE LENDER.
The Mobile Home Source MAY REFER ITS CLIENTS TO THIRD PARTY MORTGAGE BROKERS/LENDERS THAT PROVIDE FINANCING FOR BUYERS. The Mobile Home Source IS NOT PAID BY OR AFFILIATED WITH ANY OF THE THIRD PARTY MORTGAGE BROKERS/LENDERS WE MAY REFER OUR CLIENTS TO, HEREIN REFERRED TO AS "THIRD PARTY LENDER".
UNDERSTANDING OF PROCESS AND LIABILITY: USERS OF The Mobile Home Source WILL SUBMIT PRELIMINARY INFORMATION REQUESTED BY THE THIRD PARTY LENDER TO OBTAIN A “PREAPPROVAL”. ONCE PREAPPROVED, THE THIRD PARTY LENDER WILL ALSO REVIEW PROOF OF INCOME, CREDIT REPORT, TAXES, APPRAISAL OF SUBJECT PROPERTY, AND ANY OTHER INFORMATION REQUESTED BY THE THIRD PARTY LENDER THROUGH THEIR UNDERWRITING PROCESS TO MAKE FINAL APPROVAL.
USERS OF The Mobile Home Source AGREE AND UNDERSTAND THAT THE SALES CONTRACT WILL INCLUDE A THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. USERS OF The Mobile Home Source AGREE THAT THEY MUST OBTAIN FINAL APPROVAL FOR FINANCING WITHIN THE TIME ALLOTTED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. IN THE EVENT USERS OF The Mobile Home Source DO NOT MEET THE THIRD PARTY LENDER UNDERWRITING CONDITION REQUIREMENTS FOR FINAL APPROVAL IN THE TIME ALLOTED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL OR CANNOT PRODUCE THE FUNDS REQUIRED TO CLOSE, USERS OF The Mobile Home Source UNDERSTAND THAT THEY HAVE THE RIGHT TO TERMINATE THE CONTRACT BEFORE THE LAST DAY ALLOTTED PER THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL TO RECEIVE A REFUND OF EARNEST MONEY. USERS OF The Mobile Home Source AGREE THAT IF THE CONTRACT IS TERMINATED AFTER THE ALLOTTED TIME FRAME STATED IN THE THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL, THE EARNEST MONEY WILL BE NON-REFUNDABLE AND WILL BE AWARDED TO THE SELLER.
USERS OF The Mobile Home Source AGREE TO AND HEREBY DO INDEMNIFY AND HOLD HARMLESS The Mobile Home Source AND/OR ASSOCIATES, JACQUES HANMER LLC, HFS FLORIDA LLC, JACQUES HANMER, AND SELLER/OWNER OF SUBJECT PROPERTY FROM AND AGAINST ANY AND ALL LOSS OR DAMAGE RESULTING IN USE OF The Mobile Home Source AND/OR THE THIRD PARTY LENDER. IN THE EVENT USERS OF The Mobile Home Source ARE NOT APPROVED, USERS OF The Mobile Home Source WAIVE THE RIGHT TO SUE FOR SPECIFIC PERFORMANCE OR TO REQUEST OR SUE FOR ANY EXPENSES USERS OF The Mobile Home Source MAY HAVE INCURRED. IF USERS OF The Mobile Home Source ARE NOT APPROVED, USERS OF The Mobile Home Source AGREE THAT EARNEST MONEY WILL BE RELEASED IMMEDIATELY TO THE BUYER OR SELLER PER THE TERMS IN THE SALE CONTRACT AND THIRD PARTY FINANCING CONTINGENCY FOR CREDIT APPROVAL. USERS OF The Mobile Home Source WAIVE THE RIGHT TO PUT AN INJUNCTION ON THE SUBJECT PROPERTY OR PREVENT SALE OF SUBJECT PROPERTY TO ANOTHER BUYER. APPROVALS/DENIALS - APPLICABLE TO ALL USERS FOR ALL SERVICES
INDIVIDUALS CONTACTING The Mobile Home Source TO ENLIST THE SERVICES OF The Mobile Home Source, INCLUDING INVDIVIDUALS WHO MAY BE WORKING WITH A REAL ESTATE AGENT OR BROKERAGE OUTSIDE OF The Mobile Home Source, ARE HEREIN REFERRED TO AS "USERS OF The Mobile Home Source". USERS OF The Mobile Home Source UNDERSTAND THAT The Mobile Home Source HAS NO AUTHORITY TO APPROVE OR DENY ANY APPLICANTS FOR THIRD PARTY LENDER FINANCING, RENT WITH OPTION TO BUY SERVICE PROVIDERS, AND/OR SELLERS OF OWNER FINANCED HOMES. THEREFORE USERS OF The Mobile Home Source AGREE THAT The Mobile Home Source AND/OR ITS ASSOCIATES WILL NOT BE HELD LIABLE FOR ANY DENIALS OF FINANCING GIVEN BEFORE OR AFTER CONTRACT OF PROPERTIES
PERMISSIONS
INDIVIDUALS CONTACTING The Mobile Home Source TO ENLIST THE SERVICES OF The Mobile Home Source,INCLUDING INVDIVIDUALS WHO MAY BE WORKING WITH A REAL ESTATE AGENT OR BROKERAGE OUTSIDE OF The Mobile Home Source, ARE HEREIN REFERRED TO AS "USERS OF The Mobile Home Source". USERS OF The Mobile Home Source AUTHORIZE The Mobile Home Source TO SHARE USERS OF The Mobile Home Source PERSONAL AND FINANCIAL INFORMATION WITH THIRD PARTY FINANCE SERVICE PROVIDERS AND/OR THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDERS
USERS OF The Mobile Home Source AGREE AND HEREBY DO INDEMNIFY AND HOLD HARMLESS The Mobile Home Source AND/OR ITS ASSOCIATES FROM ANY AND ALL LOSS OR DAMAGE RESULTING FROM THE SHARING OF INFORMATION AND/OR ANY AGREEMENTS MADE BETWEEN USERS OF The Mobile Home Source AND THIRD PARTY FINANCE SERVICE PROVIDERS AND/OR THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDERS
FEES
The Mobile Home Source SERVICES FOR FINDING OR SELLING PROPERTIES FOR USERS OF The Mobile Home Source ARE DETAILED IN YOUR LISTING AGREEMENT OR BUYER REPRESENTATION AGREEMENT. ALL COMMISSIONS ARE NEGOTIABLE. USERS OF The Mobile Home Source AGREE TO REGISTER The Mobile Home Source AS THEIR REAL ESTATE AGENT WITH THIRD PARTY RENT WITH OPTION TO BUY SERVICE PROVIDER, THIRD PARTY LENDER, NEW HOME BUILDER, AND/OR LISTING AGENT.
BUYER/TENANT REPRESENTATION AGREEMENT FEES AND BREACH OF AGREEMENT
In the event Users of The Mobile Home Source sign a Buyer/Tenant Representation Agreement with The Mobile Home Source and subsequently purchase or lease a Property that was presented by a The Mobile Home Source agent without the use and/or representation and/or knowledge of The Mobile Home Source, Users of The Mobile Home Source Services understand and agree that they will be financially responsible to pay The Mobile Home Source the full amount of commission that was offered by seller, landlord, or agent at the time the The Mobile Home Source Agent inquired about the amount and that this amount will be due from Users of The Mobile Home Source and payable to The Mobile Home Source upon email demand from The Mobile Home Source.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use the goods or services provided by The Mobile Home Source, or to any acts or omissions for which you may contend The Mobile Home Source is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Houston, Texas. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by The Mobile Home Source. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Houston, Texas. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and The Mobile Home Source, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Houston, Texas. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
CHOICE OF LAW
The Mobile Home Source and its websites are based in Houston, TX and as such the laws of the State of Texas, U.S.A., will govern these TERMS OF SERVICE, excluding any principles or rules of law that may direct the application of the law of another state. Users of The Mobile Home Source services hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state or federal courts in Texas, U.S.A., for any litigation arising out of or relating to the use of The Mobile Home Source, waive any objection to the venue of any such litigation in the Texas courts and agree not to plead or claim in any Texas court that such litigation brought therein has been brought in an inconvenient forum. Use of The Mobile Home Source is only authorized in jurisdictions that give effect to all provisions of these TERMS OF SERVICE. Users of The Mobile Home Source agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Harris County, Texas for any and all disputes, claims and actions arising from or in connection with the agents or services of The Mobile Home Source and/or these TERMS OF SERVICE.
