Terms and Conditions

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Agreement between User and www.whiskeykiddrealty.com

Welcome to www.whiskeykiddrealty.com. The www.whiskeykiddrealty.com website and bidding platform (the “Site”) is comprised of various web pages operated by Whiskey Kidd Realty. www.whiskeykiddrealty.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.whiskeykiddrealty.com constitutes your agreement to all such Terms and govern your usage and access of the WhiskeyKiddRealty.com website and bidding platform, encompassing all content, features, and services available on or through the WhiskeyKiddRealty.com website. This pertains to your access as a guest or registered user. Please read these terms carefully, and keep a copy of them for your reference.

Prior to commencing use of the Website, it is essential that you read and comprehend the Terms of Use. By using the Website or by choosing to accept or agree to the Terms of Use when such an option is provided, you indicate your acceptance and agreement to adhere to these Terms of Use as well as our Privacy Policy, accessible at Privacy Policy, which is incorporated herein by reference. Should you disagree with these Terms of Use or the Privacy Policy, you are prohibited from accessing or utilizing the Website.
 
www.whiskeykiddrealty.com is a Real Estate site and live offering & bidding platform for the sale and purchase of residential real estate.

The utilization of this Website is limited to individuals who are 18 years of age or older and who are residents of the United States or any of its territories or possessions. By making use of this Website, you confirm and warrant that you meet the legal age criteria for entering into a binding agreement with the Company and fulfill all the prerequisites outlined above. If you fail to satisfy these requirements in their entirety, accessing or using the Website is not permissible.

To submit an online offer for any available property, registration and the creation of an account is necessary. In the event that you are collaborating with an Agent, their contact information must be provided to us.

Upon agreeing to these Terms and Conditions, you acknowledge and comprehend that any offers you submit will be immediately accessible to the public in real-time on the property page of our website.

The Seller mandates that all offers be submitted online through the online offer process. Offers that have not undergone the online offer process will not be reviewed or presented, as per our instructions.

Should you be submitting an offer from a different time zone than the property’s, it is imperative to adjust your computer’s clock to guarantee the timely submission of your offers.
It is strongly discouraged to use a mobile phone for submitting offers. If you choose to do so, it is necessary to refresh your screen for accuracy.
Upon creating your account, you are consenting to both the acceptance and the understanding of the Terms and Conditions governing the online offer process and the WhiskeyKiddRealty.com offer platform.

Moreover, either Proof of Funds for cash payments or a Pre-approval letter along with DU findings and/or Pre-Approval letter no more than 14 days old from a Mortgage Lender must be provided before being approved and granted access to the live offer platform. Registration and documentation must be received no later than 5:00 pm PST on the final day of the home preview period.

Failure to register or provide suitable documentation by 12:00 pm PST on the final day bidding will render you ineligible to place an offer on a property during the final hours of the live bidding process.

We also highly recommend that you or your agent log in to your account prior to the end of the home preview period deadline for the property you intend to make an offer on. Familiarity with the necessary steps and functionalities for placing an offer is crucial. Please note that technical or agent support will not be available after 5:00 pm PST on the final home preview day or during the live online offer submission period.

Initiate the loan approval process by clicking here.

Upon acceptance to the online offer platform, you will be granted access to make offers on properties that match your criteria.

Collaboration with a licensed Real Estate Agent is mandatory. Following a successful offer, a signed CAR contract, prepared by a licensed Agent from California, must be submitted within 12 hours. Earnest money must be deposited with escrow within the first 3 days. Failure to deposit earnest money into escrow within 3 days following a mutually signed and fully executed CAR contract shall result in a penalty of up to $1,000 being forfeited for breach of contract.

A licensed Real Estate Agent representing the buyer is responsible for preparing CAR documents and submitting to Whiskey Kidd Realty for review and execution.
If you are partnered with an Agent, the registration page will offer the option to enter their contact details. Our agents will then get in touch with them to brief them on the online offer procedures.

Alternatively, if you are not currently represented by a licensed real estate agent, you may opt to have one of our agents reach out to you by filing out the contact form here.


Our agents possess expertise in this process and can guide you through the entire online offer process, addressing all queries and explaining the financial benefits of collaborating with us.
What is the “Buyer’s Premium”? Through the WhiskeyKiddRealty.com option, real estate commission is administered in the form of a “Buyer’s Premium.” This percentage ranges from 0% to 8% of the “Final/Highest Offer Price” (not the Final Sales Price). The final sales price is computed as follows: Highest Offer + Buyer’s Premium = Final Sales Price. The Buyer’s Realtor Fees are deducted from the Buyer’s Premium to pay the commission for the Buyer’s agent.

This approach provides utmost transparency, allowing sellers to offer the lowest price for their home while adequately compensating the real estate agents who represent, facilitate, and conclude the transaction.

Each property listed on our website will present distinct terms, conditions, and a specific buyer’s premium, thus thorough research of the property details on the offer page is advised.
Properties will be open for viewing solely on the specified day(s) of the open house, unless stipulated otherwise.

Buyers must secure approval from the seller or seller’s agent prior to manually submitting offers.
Sellers maintain the right to accept, negotiate, or reject the highest offer.
An online offer constitutes a binding agreement, and sellers are within their rights to pursue non-performing offerors legally.

Feel free to contact us if you have inquiries regarding the online offer process.

Key Terminology:

Offer Extension Mechanism

Our system employs an automatic offer extension feature to prevent last-second bids. If a bid is placed within 5 minutes of the designated offering end time, the system will automatically extend the offering period by an additional 5 minutes. This ensures that other potential offerors have a fair chance to respond.

Attention to Winning Offerors

If your bid emerges as the winning offer, kindly ensure that your agent submits a signed purchase agreement to the seller within the time frame specified in the “sale terms and conditions” (please refer to the posted details). If you lack an agent, please contact us.

The contract price is computed as follows:

Winning Offer + Buyer’s Premium = Contract/Sales Price

Notice for Winning Offerors

If you happen to be the winning offeror when the online offer submission period concludes and you choose not to proceed with submitting a contract, please be aware that this constitutes a breach of our terms of use for our online offer submission system. In such a case, you shall be subject to a withdrawal penalty fee of up to $1,000. This amount will be invoiced to you. Failure to pay the invoice will be prosecuted as a breach of contract.

Privacy

Your use of www.whiskeykiddrealty.com is subject to Whiskey Kidd Realty’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.whiskeykiddrealty.com or sending emails to Whiskey Kidd Realty constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Whiskey Kidd Realty is not responsible for third party access to your account that results from theft or misappropriation of your account. Whiskey Kidd Realty and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Whiskey Kidd Realty does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.whiskeykiddrealty.com only with permission of a parent or guardian

Links to Third Party Sites/Third Party Services

www.whiskeykiddrealty.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Whiskey Kidd Realty and Whiskey Kidd Realty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Whiskey Kidd Realty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Whiskey Kidd Realty of the site or any association with its operators.

Certain services made available via www.whiskeykiddrealty.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.whiskeykiddrealty.com domain, you hereby acknowledge and consent that Whiskey Kidd Realty may share such information and data with any third party with whom Whiskey Kidd Realty has a contractual relationship to provide the requested product, service or functionality on behalf of www.whiskeykiddrealty.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.whiskeykiddrealty.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Whiskey Kidd Realty that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
 
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Whiskey Kidd Realty or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
 
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Whiskey Kidd Realty content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Whiskey Kidd Realty and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Whiskey Kidd Realty or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Whiskey Kidd Realty from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Whiskey Kidd Realty Content accessed through www.whiskeykiddrealty.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Whiskey Kidd Realty, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Whiskey Kidd Realty reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Whiskey Kidd Realty in asserting any available defenses

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Whiskey Kidd Realty agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHISKEY KIDD REALTY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
 
WHISKEY KIDD REALTY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHISKEY KIDD REALTY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISKEY KIDD REALTY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHISKEY KIDD REALTY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE

Liability Disclaimer

Whiskey Kidd Realty reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
 
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whiskey Kidd Realty as a result of this agreement or use of the Site. Whiskey Kidd Realty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Whiskey Kidd Realty’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Whiskey Kidd Realty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Whiskey Kidd Realty with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Whiskey Kidd Realty with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Whiskey Kidd Realty reserves the right, in its sole discretion, to change the Terms under which www.whiskeykiddrealty.com is offered. The most current version of the Terms will supersede all previous versions. Whiskey Kidd Realty encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Whiskey Kidd Realty welcomes your questions or comments regarding the Terms:
 
Whiskey Kidd Realty
6352 Corte Del Abeto, Suite I
Carlsbad, California 92011
 
 Email Address:
info@whiskeykiddrealty.com
 
Telephone number:
760-334-5211
 
Effective as of September 01, 2023