2.1. You represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity.
2.2. FOR MORE INFORMATION AND PRACTICAL INFORMATION REGARDING CALIFORNIA REAL ESTATE TRANSACTIONS, YOUR RIGHTS AND RESPONSIBILITIES, PLEASE VISIT WWW.NILEHOME.COM/ADVISORIES. THIS ADVISORY IS HEREBY INCORPORATED BY REFERENCE AND MADE A PART HEREOF.
2.3. YOU CONSENT TO ELECTRONIC RECEIPT OF THE FOLLOWING INFORMATION GUIDES 1) CALIFORNIA HOMEOWNER GUIDE TO EARTHQUAKE SAFETY 2) CALIFORNIA RESIDENTIAL ENVIRONMENTAL HAZARDS GUIDE 3) EPA LEAD BASED PAINT GUIDE 4) CALIFORNIA HOME ENERGY RATING. TO ACCESS THESE RESOURCES ELECTRONICALLY, PLEASE VISIT: WWW.NILEHOME.COM/REGULATORYGUIDES. THIS ADVISORY IS HEREBY INCORPORATED BY REFERENCE AND MADE A PART HEREOF.
2.4. FOR ADDITIONAL INFORMATION ABOUT CALIFORNIA AGENCY RELATIONSHIPS, PLEASE VISIT: WWW.NILEHOME.COM/AGENCYRELATIONSHIP. THIS ADVISORY IS HEREBY INCORPORATED BY REFERENCE AND MADE A PART HEREOF.
2.5. SUBJECT MATTER EXPERT: Real estate brokers are not lawyers or tax specialists, and we encourage you to seek outside assistance from appropriate professionals in order to fully understand the implications of any documents to be signed, filed, or actions completed during the transaction. Real Estate Brokers do not have expertise in all areas and matters affecting the Property. If you are conducting a 1031 exchange (selling an investment property and reinvesting the proceeds into a property of like kind of equal or greater value, within certain time limits) you are advised to contact an exchange accommodator to discuss the specifics of the exchange.
2.7. CYBER INFORMATION & FRAUD PROTECTION: Nile takes digital and financial security very seriously. You are advised to Take steps to protect yourself and your funds when conducting wire transfers. We use 256-bit encryption technology to protect your username, password and other personal account information when you’re using our site or apps. We recommend that you use a highly secure password for all your accounts, and we recommend that you change your password regularly. Nile will NEVER ask you for financial account information via email. Our Transaction Service Partners will never ask you for financial account information via email. All sensitive information throughout the course of our business will be collected via our secure platform. Nile representatives and transaction service partners may contact you to Orally confirm that any wire transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds. If you receive any suspicious communication, contact your Nile Advisor Immediately. If you suspect fraudulent activity, report it to the Federal Trade Commission at ftc.gov/complaint
2.8. Nile is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the areas we serve, and to compliance with all applicable human rights legislation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, sexual orientation, gender identity or expression, handicap, familial status, national origin, or other legally protected group.
3.1. You understand and consent that Nile may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed by Nile and some may not. We will not limit or restrict any particular buyer from making an offer on any particular property whether or not we represent other buyers interested in the same property.
3.2. You acknowledge and consent that Nile may represent both buyer and seller in any resulting transaction. If we represent you in a real estate purchase, you acknowledge that we may represent sellers and buyers of property that you may be interesting in acquiring. You consent to Nile acting as a dual agent for both you and seller with regard to any specific property. In the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer’s or seller’s financial position, motivations, bargaining position, or other personal information that may impact price, including the seller’s willingness to accept a price less than the listing price or your willingness to pay a price greater than the price offered. Notwithstanding the above, you are advised that Nile and the seller reserve the right to disclose the existence, terms, or conditions of your offer, unless otherwise agreed in writing.
4.1. Nile Client Programs: Nile offers brokerage service programs with certain and specific Customer terms and benefits based on the program type. It is important to understand the benefits and limitations of the programs you may qualify for.
4.2. SURPASS BUYER PROGRAM: The Nile SURPASS program is available to customers who are purchasing a property Exclusively listed NILE. Our SUPRASS program offers early viewing access, priority offer submission, preferential offer consideration and buyer incentive credits. The exact benefits are determined per listed property and are not guaranteed. In listings where an incentive credit is advertised; this offer is only valid for buyers who engage NILE to exclusively represent them in the purchase of that property. As a SURPASS customer, you understand and agree that NILE will represent you and the seller in any resulting negotiation and transaction.
4.3. PREMIER BUYER PROGRAM: Through our Nile Premier program, we provide single-agency real estate advisory service to buy-side customers in connection with properties listed for sale by third-party brokerages, where Nile does not represent the seller of the subject property. In accordance with the criterion, Nile will represent you in the purchase of a property for a fixed fee and provide incentive rebates to you when available, subject to the terms herein. The actual Incentive credit paid to you will be determined by the amount collected from a partner agent from a resulting closed sale less the fee due to Nile. Regardless of final purchase price, our minimum fee to represent you in the purchase of a property is $5,000.
4.4. You understand that Incentive credits and refund amounts are not guaranteed. The incentives, refunds and savings calculations displayed on Nile’s website and social media outlets are estimates based on the Nile default refund and savings rate. Actual refunds or savings may vary and are dependent on purchase price, prevailing market conditions, and other factors. The estimates are not a guarantee or an offer from Nile, our agents, or representatives to provide a refund or savings on a specific property. The actual credit you receive may be limited, prohibited, or reduced pursuant to the purchase agreement, Lender restrictions, federal Veterans Administration, Federal Housing Administration, and United States Department of Agriculture loan programs, or other state or federal rules, laws, or regulations. If the transaction includes a short sale, additional restrictions may apply.
4.5. Due to potential changes in the terms of sale, any incentive credits will be finalized only at closing. Therefore, neither Nile, our agents, or representatives make any warranties prior to the close of escrow as to the precise amount of Buyer Credit that you may receive. Unless subject to any of the aforementioned limitations or otherwise specified by the buyer or lender, any incentive credits or rebates are applied during escrow as a credit, with any remainder paid to the buyer by check within a commercially reasonable time after the close of escrow. Unless agreed to in writing by an authorized Nile representative, a refund will only be issued to the person(s) and/or entity listed on the recorded deed which transfers ownership of the subject real property at the closing of a transaction, regardless of whether such person(s) and/or entity are the buyer.
4.6. Nile reserves the right to make changes to the refund and saving calculations at any time while honoring all agreements commenced prior to any change. Posting revisions of our terms of service on the Nile website, without more, serves as notice to buyers of applicable changes to our service offerings.
5.1. Sellers of Residential Property are required to disclose to buyers any and all known facts that materially affect the value or desirability of the Property. Sellers are also required to disclose items and material facts about the property to their knowledge.
5.2. The Transfer Disclosure Statement, also known as the TDS, is a form required in most residential real estate transactions, pursuant to California Civil Code1102. Sellers have a legal obligation to honestly and completely fill out the TDS form in its entirety and disclose any material facts about the property. Further, sellers have a duty to disclose to the buyer, in writing, any and all known facts that materially affect the value or desirability of the Property. Sellers are also required by law to provide buyers with a Natural Hazard Disclosure Report/Statement (NHD) in connection with the sale of residential property. This report addresses whether the property is located within a designated hazard area (IE designated flood, fire or earthquake/seismic hazard zone) that can affect the value and desirability of the property. In most transactions, Sellers shall provide to you a Natural Hazard Disclosure Report, prepared by a third-party service provider with subject matter expertise.
5.3. Sellers of most residential property, with limited exceptions, are required to comply with certain health, safety, and general regulatory requirements including but not limited to water heater bracing, installation of smoke and carbon monoxide detectors and to disclose to the buyer the requirements and compliance concerning water-conserving plumbing fixtures. Some city and county governments or regulatory agencies maintain their own retrofit and point of sale requirements imposing expanded and more stringent requirements than does California Law. You are advised to consult with qualified professionals, and governmental agencies to determine which requirements apply to the property, the extent to which the property complies with such requirements, and the costs, if any, of compliance.
5.4. LEAD WARNING STATEMENT: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. If the property is built prior to 1978, unless otherwise agreed in the real estate purchase contract, you have 10 days to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. FOR MORE INFORMATION ON RULES AND REGULATIONS PERTAINING TO LEAD BASED PAINT, INCLUDING EPA’S LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE, PLEASE VISIT: WWW.EPA.GOV/LEAD FOR MORE INFORMATION.
6.1. In connection with the property you purchase, You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. The physical condition of the land and improvements being purchased are not guaranteed by Seller or by NILE. We advise that you thoroughly review all seller reports, disclosures, information and documents and comprehensively investigate the condition and suitability of the property, even if it is being sold as is or in its present condition.
6.2. You are advised to consult with appropriate professionals through inspections, investigations, tests, surveys reports, studies and other available information. For More information on recommended inspections and evaluations please visit: nilehome.com/advisories
6.3. If professionals recommend further inspections, we advise you to consult qualified specialists to conduct such inspections. If there are discrepancies between reports, disclosures or other information, it is your responsibility to consult with appropriate subject matter experts, to confirm the accuracy of correctness of the reports, disclosures or information prior to releasing any applicable physical investigation contingencies.
6.4. Most purchase agreements provide buyers contingency rights to investigate the property. In the event you waive a necessary contingency, and do not or cannot purchase the property, you may legally be in default under the contract and required to pay damages or forfeit your deposit to the seller If you make an offer without a contingency , Sellers may still be obligated to disclose to you material facts about the property, and you may have an independent right to cancel the agreement within a limited period of time.
6.5. If the TDS, NHD, or lead, military ordinance, commercial zone or Special Tax Disclosures are provided to you after your offer has been accepted, you will have 3 days after delivery to terminate the offer. There are certain exemptions from these statutory requirements however sellers may still be required to make a disclosure as the items can be considered material facts.
6.6. You have the right to request that the Seller make repairs or corrections or take other actions based on inspections or disclosures. However, the Seller is not obligated to take make any repairs, corrections or take any action unless required by law or pursuant to the terms of the purchase agreement. If the Seller is unwilling or unable to satisfy your requests, and you act within certain time periods, you may have the right to cancel the agreement. If you cancel outside of these periods, you may be in breach of the Agreement and your deposit might be at risk.
6.7. WE ADVISE YOU TO THORUGLY REVIEW ALL SELLER, DISCLOSURES, REPORTS AND INFORMATION PROVIDED. IF YOU DO NOT, YOU ARE ACTING AGAINST OUR ADVICE. THERE IS INHERENT RISK IN WAVING CONTINGENCIES OR WRITING A NON-CONTINGENT OFFER. YOU SHOULD CAREFULLY ASSESS YOUR FINANCIAL POSITION AND RISK WITH YOUR ATTORNEY, ACCOUNTANT OR FINANCIAL ADVISOR. IF YOU WRITE A NON-CONTINGENT OFFER, YOU ARE ACTING AGAINST OUR ADVICE
7.1. DUE TO THE REAL ESTATE MARKET’S CYCLICAL NATURE IT IS IMPORTANT THAT YOU UNDERSTAND THE POTENTIAL FOR LITTLE OR NO APPRECIATION IN VALUE, OR AN ACTUAL LOSS IN VALUE, OF THE PROPERTY YOU PURCHASE.
7.2. You are advised to thoroughly consider the offer and final purchase price for the property. NILE does not direct or determine to the price you should pay, nor do we direct or determine the price a seller should accept. Sellers may choose not to engage in negotiations of any kind, and we make no representation or guarantee as to their willingness to accept your offer or engage in any type of negotiation. The Seller is not legally obligated to reduce the purchase price, even if the property contains defects, or fails to appraise for the agreed upon purchase price. In connection with our service to you, we may provide you with market data of comparable sales. The real estate market may fluctuate faster or slower than reported sales indicate and the data provided may be delayed or inaccurate. This data and any valuation analysis using market data is provided without any warranty or guarantee.
7.3. You are advised to notify sellers in your purchase offer if you are making offers on multiple properties with the intent to purchase only one. If you make multiple offers with the intent to purchase only one, and you subsequently cancel without using a contingency, a Seller may claim that you are in breach of contract because you fraudulently induced the Seller to enter into a contract
7.4. California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector.
7.5. BROKER DUTY: If the Property you purchase is a residence with one to four units except for certain subdivisions, we have a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and disclose adverse material facts that the inspection reveals. If we discover something that could indicate a problem, or materially affect the value or desirability we must advise and disclose to all parties. Nile does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; ii) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to us; (iii) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (iv) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (5) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (6) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale.
7.6. NILE INTELLIGENCE REPORT: NILE Repair Estimates: Subject to availability, Nile will provide you with an estimate of repair costs based on supplied home inspection reports. You understand that the service provided by us and any third parties we may use to supply this service is purely for estimation and negotiation purposes. We in no way guarantee that the prices we estimate for repairs on your report are the same that you will end up paying for that specific repair. The pricing is based on average cost for a similar repair in your area, and due to unknown conditions or underlying issues that we are not privy to, actual repair cost may be substantially higher.
8.1. We strongly advise you to investigate the Property through inspections, investigations, tests, surveys, reports, studies and other available information (“Inspections”) and to thoroughly read inspection reports. We encourage you and your authorized representatives to attend and participate in the inspection process. Failure to do so may result in less than a complete understanding of the findings. Participation in any on-site inspection process is at your own Risk. Further, you are advised to contact the Inspector and any subject matter specialists, with any questions prior to releasing any applicable contingencies related to the purchase of property.
8.2. In connection with our service to you, NILE offers the ability to schedule and purchase Inspection Services through our platform. Upon the submission of your order for professional inspection services, we will attempt to match you with an Inspection Service Provider, who may be interested in fulfilling your Inspection service need. However, we do not guarantee that we will be able to match your service needs with a Service Provider or that there are Service Providers in the area that are either capable or willing to complete your Inspection Service needs.
8.3. Although we take certain steps to examine the credentials of the service professionals listed on our website or whom and those we match you with for Inspection services, Nile does not endorse or recommend the services of any particular service provider or professional. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the service professional and their qualifications. Nile does not guarantee or warrant any service professional’s performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of NILE, nor is NILE an agent of the service professionals.
8.4. NILE will make best efforts to arrange for and secure permission to access the property in accordance with the terms and conditions set forth in the purchase and sale agreement for the property. However, you understand that, NILE cannot make any such guarantee that we will be able to arrange for full and complete access, which is important to complete a thorough inspection. You understand and acknowledge that inspection access is governed by the purchase and sale agreement, disclosure and addenda. Failure to obtain full access is not the responsibility of NILE, Inspection Service Providers or Inspector. Failure to fully access the property may be detrimental to your interests.
8.5. General and Specialized real estate inspections are completed in accordance with the Standards of Practice (SOP) of the California Real Estate Inspection Association (CREIA) and/or ASTM International standards. You understand that various types of inspections may be required to thoroughly investigate the property and that each inspection is an individual service, subject to a defined scope of service pursuant to the Inspection Service Agreement. Written reports shall be the final and exclusive findings of Inspector. Inspection Reports shall be delivered to NILE via email and then distributed to you and other appropriate stakeholders, as determined by NILE. In the event you discover or become aware of a non-reported defect or finding which you believe should have been disclosed in any report, you are advised to immediately contact the Service Provider in writing. Should you have any dispute with the goods or services provided by the inspection service provider(s) you select, you must contact the service professional and resolve such dispute with the service professional pursuant to the terms in the inspection service agreement.
9.1. JOB RATE. The fixed rates quoted on our site for Professional Inspection Service (“Job Rate”) depends on factors, such as property location and specific features including size, construction type, building systems, dwelling type. Travel time, and other factors as determined by NILE and the inspection Service Providers. On-site determinations that were not previously known, may result in additional fees for services (E.G. Square footage variance, access limitations, additional systems, or additional quantities of systems to be inspected).
9.2. NILE SUPPORT FEE. NILE may assess an additional “Support Fee” to support the Fixed Price services we offer, including costs related to background checks, insurance, customer support, and related services… The Support Fee will be applied to each appointment of a Professional Service requested through our platform. The amount of the Support Fee may vary but shall be retained by NILE in its entirety.
9.3. You understand that Inspection Services purchased and paid for on the NILE platform are Professional Services contracted directly with Inspection Service Providers. NILE is not a party to any contracts for Professional Services. The NILE Platform facilitates these contracts by supplying a medium through which homebuyers seeking to obtain Inspection Services can schedule and pay for certain services and obtain Inspections from Local Professional Service Providers. You are obligated to pay in advance for the Professional Services ordered through the NILE Platform. Prior to the scheduled Professional Service, we will charge your credit card according to the amount the amount agreed to on the NILE Platform with respect to all Professional Services ordered, and for all purchases and payments for reimbursement costs, fees expenses associated with a Professional Service as well as the NILE Support Fee (as defined in 9.2).You authorize us to charge the credit card on file in the Users NILE Platform account for such amounts. We will use third party services to process credit card information. If you order Inspection Services though our platform, you are giving NILE (or a third-party payment processor on NILE’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe NILE.
9.4. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with NILE at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction.
9.5. CANCELLATION POLICY: NILE cancellation policy for Professional Inspection Services is as follows: You may cancel a scheduled Professional Service appointments through the NILE Platform at any time, subject to the following conditions: (i) if you cancel more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if you cancel within 24 hours of the scheduled
Professional Service appointment, you will be charged a $50 cancellation fee; and (iii) if you cancel during the 3 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount.. A Professional Service appointment may be canceled through the NILE Platform, or by emailing your assigned NILE Advisor.
9.6. Once an Inspection Service provider has arrived on site, no refunds or credits will be provided; except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, or to correct any errors made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on NILE’s income).
10.1. Should you have a dispute with respect to any services provided by an Inspection Service professional, you must address such dispute with the Service Provider directly. YOU HEREBY AGREE TO RELEASE NILE (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
10.2. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties’ consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND NILE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11.1. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
11.2. The terms and conditions herein shall be binding in connection with our service to you in general as well as in connection with the property you purchase.
11.3. All prior discussions, negotiations and agreements between the parties concerning the subject matter of this agreement are superseded by this agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in counterparts. You acknowledge that this agreement shall be binding upon You and your successors and assigns
Through electronic consent, you acknowledge that you have read, understand and agree to the terms of this agreement.
NILE | 12655 W. Jefferson Blvd. | Floor 4 | Los Angeles | CA | 90066 hello@NILEhome.com | DRE 02077409