Terms & Conditions

Avivo Homes (“we,” “our,” or “us”) is a Texas limited liability company that purchases residential real property directly from owners for our own account. Depending on the property, we may:

• Purchase the property and hold it
• Purchase, renovate, and resell the property
• Purchase, demolish, develop, or subdivide the property
• Acquire a contract or option on the property and assign that contract or option to another buyer

We buy properties in a range of conditions and situations, including properties needing significant repair, inherited and probate properties, properties with tenants, and properties with liens or delinquent taxes. We are not able to purchase every property presented to us.

We are acting as a principal in our own financial interest. We are not a real estate brokerage, we are not acting as your agent, and we owe you no fiduciary duty. We are not your attorney, accountant, financial advisor, or appraiser.

• We do not list properties for sale on your behalf.
• We do not represent you in negotiations. We negotiate for ourselves.
• We are buying at a price we believe works for us, which will typically be below what a property might bring on the open market after repairs, marketing time, commissions, and carrying costs.
• You are encouraged to consult your own real estate agent, attorney, tax advisor, or financial advisor before signing anything. You may be able to obtain a higher price by listing the property on the open market, and you should consider that option.

In some transactions we acquire an option or a contractual right to purchase a property and then assign that contract or option to another buyer rather than taking title ourselves.

Where that occurs, we disclose the nature of our interest as required by Texas law. Specifically, when we sell an option or assign an interest in a contract to purchase real property, we will disclose to any potential buyer, before entering into a contract, that we are selling only an option or assigning only an interest in a contract and that we do not hold legal title to the property.

Unless the purchase agreement says otherwise, we reserve the right to assign our rights under any purchase agreement to an affiliate or to a third party. Assignment does not relieve us of our obligations under the agreement unless the agreement provides for that.

By submitting a property to us, you represent that:

• You are at least 18 years old
• You are the owner of the property, or you have legal authority to act on the owner's behalf as executor, administrator, trustee, attorney-in-fact, guardian, or authorized officer or manager of an entity, or you are otherwise authorized to provide the information you submit
• The information you provide is accurate and complete to the best of your knowledge
• You are not under an existing listing agreement or purchase contract that would prohibit you from selling to us, or if you are, you have disclosed that to us

You are responsible for the accuracy of information you provide. Offers we make are based on that information and on our own research. If material information turns out to be inaccurate or incomplete, we may withdraw or revise an offer.

Submitting a property does not obligate you to sell and does not obligate us to buy.

Offers Are Not Binding Until Signed

Any price, range, number, or offer we communicate to you by phone, text, email, letter, or website is preliminary and non-binding. Neither you nor we are bound to anything until both parties sign a written purchase and sale agreement. No verbal agreement, email exchange, or text message creates a binding contract to buy or sell real property.

Offers Are Conditional

Preliminary offers are estimates based on limited information and are subject to change following:

• Physical inspection of the property
• Title examination, including liens, judgments, tax delinquencies, easements, encroachments, and heirship or ownership questions
• Survey review and confirmation of lot lines, setbacks, easements, and platting
• Confirmation of zoning, permitting, development, and utility conditions
• Confirmation of occupancy, tenancy, and lease terms
• Our funding and underwriting

Offers Expire

Unless stated otherwise in writing, an offer expires on the date stated in the offer. We may withdraw or revise any offer at any time before you accept it in a signed writing.

We May Decline

We may decline to make an offer, or decline to proceed, for any lawful reason or for no reason. We are not obligated to explain our reasoning.

Any statement we make about a property's value, after-repair value, rental potential, repair cost, development potential, or resale price is our own opinion for our own purposes. It is not an appraisal, a broker price opinion, or a comparative market analysis. We are not licensed appraisers and you should not rely on our estimates in making your decision. If you want an independent valuation, hire a licensed appraiser or a real estate broker.

If you allow us to visit the property, you agree to provide safe and reasonable access to us, our contractors, inspectors, and prospective assignees or partners at reasonable times and with reasonable notice, and to secure pets during visits.

You grant us permission to photograph, video, measure, and document the property and its condition during those visits for our evaluation, underwriting, marketing, and record-keeping purposes. You may ask us not to photograph specific areas or personal belongings and we will honor that request.

We are not responsible for pre-existing conditions at the property, and our inspection does not constitute a warranty, certification, or disclosure of the property's condition to you or to anyone else.

If we proceed, the terms of the transaction will be governed by the signed purchase and sale agreement, not by these Terms. Where these Terms and a signed purchase agreement conflict, the purchase agreement controls.

Closings are typically handled through a title company or closing attorney. Earnest money, option fees, option periods, closing timelines, closing costs, and default remedies will be as stated in the purchase agreement. Nothing on this website constitutes a promise as to price, timeline, closing costs, or the amount of net proceeds you will receive.

Nothing on this website or in our communications is legal, tax, accounting, investment, or financial advice. Selling real property can have significant tax consequences and may affect your rights with respect to a mortgage, a foreclosure, a bankruptcy, an estate, a divorce, or a government benefit. You should consult your own professional advisors.

If your property is in foreclosure, in probate, in bankruptcy, or subject to a tax suit, we strongly encourage you to consult an attorney before entering into any agreement with anyone, including us. We do not provide foreclosure rescue services, loan modification services, credit repair services, or debt relief services, and we do not charge fees for those services. We are simply a buyer.

By providing your contact information, you agree that we may contact you by phone, text message, email, and mail about your property and any potential or pending transaction, including using automated technology where permitted by law. Consent to receive marketing calls or texts is not a condition of any purchase. Message and data rates may apply. Reply STOP to opt out of text messages and HELP for help. You may opt out of marketing emails using the unsubscribe link.

We may record telephone calls as described in our Privacy Policy.

Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these Terms.

We may pay referral fees, finder fees, or marketing fees to third parties who bring us properties or introduce us to sellers, and we may receive fees when we assign a contract. Any such compensation is separate from what you receive at closing and will be disclosed where required by law.

We conduct our business in compliance with federal, state, and local fair housing laws. We do not make purchase, sale, or lease decisions on the basis of race, color, religion, sex, national origin, familial status, disability, or any other characteristic protected by applicable law.

By using this website, you agree to:

• Use it only for lawful purposes
• Provide accurate information in any form you submit
• Not attempt to gain unauthorized access to any part of the site or its systems
• Not use automated tools to scrape, harvest, or index the site or its content without our written permission
• Not transmit malicious code or interfere with the operation of the site
• Not submit properties you have no authority to sell or submit information on behalf of another person without their permission

We may suspend or terminate your access to the site at any time for any reason.

All content on this website, including text, graphics, logos, photographs, video, and software, is owned by us or our licensors and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any of it without our written permission.

Any testimonials, case studies, transaction timelines, or figures shown on this site reflect specific past transactions and are not a promise or guarantee of the outcome, price, or timeline of any future transaction. Every property and situation is different.

This website may link to third-party sites and services. We do not control and are not responsible for their content, accuracy, availability, or practices.

This website and its content are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, secure, or error-free, or that information on it is complete, current, or accurate.

To the maximum extent permitted by law, Avivo Homes and its members, managers, officers, employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost opportunity, diminution in property value, or business interruption, arising from or related to your use of this website or your dealings with us prior to a signed purchase agreement.

This limitation does not apply to obligations arising under a signed purchase and sale agreement, which are governed by that agreement, and does not limit any liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Avivo Homes and its members, managers, officers, employees, affiliates, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys' fees, arising from your violation of these Terms, your submission of inaccurate or unauthorized information, or your lack of authority to sell or to act with respect to a property you submitted.

The parties will first attempt in good faith to resolve any dispute arising from these Terms or from use of this website through direct negotiation.

If that fails, any such dispute will be resolved by binding arbitration administered in Travis County, Texas, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction. You and we each waive the right to a jury trial and the right to participate in a class action with respect to such disputes, to the extent permitted by law.

This section does not apply to disputes arising under a signed purchase and sale agreement, which are governed by the dispute resolution provisions of that agreement. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles.

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding this website, and do not modify any signed purchase agreement.

We may modify these Terms at any time. Changes are effective when posted to this page and the “Last Updated” date is revised. Your continued use of the website after changes are posted constitutes acceptance.