TERMS & CONDITIONS
WELCOME TO Q1 REAL ESTATE AUCTIONS, by using our site you agree
to the terms and conditions, general principles of this website. This is effective upon
acceptance by new users. It may be modified from time to time and the effective date of
each modification shall be the effective date of acceptance by all current and new users.
By accepting this user agreement you agree that the terms of the User Agreement and
While using our site and services you will not: Post content or items in an in appropriate
category or area; violate any laws, third party rights or our policies; use our site if you
are not able to consummate a legally binding contract or are suspended from our site;
fail to deliver payment for items purchased, unless the Seller has changed the
properties description after your bid, a clear typographical error was made or the
Seller’s identity cannot be authenticated; fail to deliver the property purchased from you,
unless the Buyer fails to meet the posted terms or you cannot authenticate the Buyer’s
identity; manipulate the price of any property or interfered with other user’s listings; post
false, inaccurate, misleading, dramatory, or libelous content; distribute or post
unsolicited or bulk electronic information, chain letters, or pyramid schemes; distribute
any technology that may harm our site,services, or; or harvest,or collect information
about our users without their consent; or sell an undivided interest in real estate.
FURTHER, YOU AGREE NOT TO CIRCUMVENT OUR FEE STRUCTURE, BILLING
PROCESS OR MONIES DUE TO Q1 REAL ESTATE.DO NOT ABUSE OUR SITE, WE
WORK TO KEEP OUR SITE SAFE AND WORKING PROPERLY. PLEASE REPORT
ANY PROBLEMS, OFFENSIVE CONTENT OR POLICY VIOLATIONS TO US.
Q1 REAL ESTATE RESERVES THE RIGHT, WITHOUT LIMITATION, TO LIMIT,
SUSPEND OR TERMINATE OUR SERVICES AND USER ACCOUNTS, PROHIBIT
ACCESS, DELAY OR REMOVE HOSTED CONTENT AND TAKE SUCH TECHNICAL
AND LEGAL STEPS AS WE MAY DEEM NECESSARY TO KEEP USERS OFF THE
SITE AS WE DEEM DESIRABLE TO PROTECT THE SITE AND OTHER USERS. WE
RESERVE THE RIGHT TO CANCEL UNCONFIRMED ACCOUNTS OR ACCOUNTS
THAT HAVE BEEN INACTIVE FOR MORE THAN 30 DAYS. WHEN YOU GIVE US
CONTENT YOU GRANT US NON-EXCLUSIVE, IRREVOCABLE, ROYALTY FREE
RIGHT YOU HAVE IN THE CONTENT AND MEDIA USED.
FEES AND SERVICES
Joining our auction site is free and bidding on listed properties is free.
We charge fees for using our real estate listing services. When you list a property you
will be given the opportunity to review and accept the fees set forth in our Fee
Schedule. We reserve the right to change this schedule from time to time. Changes in
our schedule will be effective 10 days after the change is posted on our website. We
also reserve the right to temporarily change fees for promotional events, free listing
days for new accounts, holiday specials, or new services. Such changes are effective
when we post these temporary changes on our website.
All fees are in US DOLLARS and each lister shall pay all fees and taxes in a timely
manner. If your payment is denied or your account is past due we may collect monies
owed by charging other payment methods on file with us, retaining collection companies
and legal counsel. You will be charged the costs incurred in collection.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT WE ARE NOT A TRADITIONAL AUCTIONEER,
INSTEAD OUR SITE ALLOWS ANYONE TO OFFER, SELL AND BUY REAL ESTATE.
WE ARE NOT INVOLVED IN THE TRANSACTION BETWEEN BUYER AND SELLER.
YOU AGREE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE
THE QUALITY, SAFETY OR LEGALITY OF THE PROPERTY ADVERTISED, THE
TRUTH OR ACCURACY OF CONTENT OR LISTINGS, THE ABILITY OF SELLERS
TO SELL OR ABILITY OF BUYERS TO BUY OR THAT A SELLER OR BUYER WILL
ACTUALLY COMPLETE A TRANSACTION. A BID OR OFFER MERELY
REPRESENTS A BUYERS SERIOUS EXPRESSION OF INTEREST. IT IS UP TO
BUYER AND SELLER TO ENTER INTO A BINDING CONTRACT ,TO OPEN
ESCROW AND THEN CLOSE THE TRANSACTION.
WE DO NOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SITE,
SERVICES OR TOOLS WHICH MAY BE INTERFERED WITH BY FACTORS BEYOND
OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED WE EXCLUDE ALL
WARRANTIES, EXPRESS OR IMPLIED, . WE ARE NOT LIABLE FOR ANY LOSS
COST OR EXPENSE, LOSS OF REPUTATION, GOODWILL OR ANY SPECIAL
INDIRECT OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM YOUR USE OR INABILITY TO USE OUR WEBSITE OR SERVICES.
YOU RELEASE Q1 REAL ESTATE (AND OUR OFFICERS, DIRECTORS, AGENTS,
AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF
EVERY KIND AND NATURE, KNOW AND UNKNOWN ARISING OUT OF OR IN
CONNECTION WITH ANY DISPUTE WITH ANY ONE OR MORE USERS OF OUR
WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT YOU WAIVE CA.CIVIL CODE
SEC. 1542 WHICH SAYS: “ A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXIST IN HIS
FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOW BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NOTWITHSTANDING ANY OF THE ABOVE IF WE ARE FOUND LIABLE OUR
LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO ANY FEES
PAID TO US IN THE PAST 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO
THE LIABILITY OR $100 WHICHEVER IS GREATER.
YOU WILL INDEMNIFY, HOLD HARMLESS, AND AT OUR REQUEST DEFEND Q1
REAL ESTATE ( AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS
AND EMPLOYEES) FROM AND AGAINST ANY CLAIM, DEMAND, LOSS COST AND
EXPENSE INCLUDING ATTORNEYS FEES MADE BY ANY THIRD PARTY DUE TO
OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR
VIOLATION OF ANY LOW OR THE RIGHTS OF ANY THIRD PARTY.
NO AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER, OR
FRANCHISER-FRANCHISEE RELATIONSHIP IS INTENDED OR CREATED BY THIS
LEGAL NOTICES SHALL BE SERVED ON Q1 REAL ESTATES HOME OFFICES
LOCATED AT 18025 CALLE AMBIENTE SUITE 202 RANCHO SANTA FE CA 92067
AND TO YOU AT THE E-MAIL ADDRESS YOU PROVIDE DURING THE
REGISTRATION PROCESS. NOTICES SHALL BE DEEMED DELIVERED 24HOURS
AFTER THE EMAIL IS SENT. WE MAY GIVE YOU NOTICE BY MAIL TO THE
ADDRESS YOU PROVIDED DURING THE REGISTRATION PROCESS. IN SUCH
CASE NOTICE SHALL BE DEEMED DELIVERED 3 DAYS AFTER THE DATE OF
APPLICABLE LAW AND DISPUTE RESOLUTION
If a dispute arises between us, we agree that we will resolve that dispute as set out in
this section. Before resorting to these alternatives we encourage you to first contact us
directly to seek a resolution by going to the CONTACT US PAGE. We will consider
reasonable requests to resolve the dispute. However, if we cannot resolve your dispute
we will consider mediation and arbitration as an alternative to litigation.
LAW AND FORUM- this Agreement shall be governed in all respects by the laws of the
State of California. Consent to Jurisdiction and Forum Selection, the parties agree that
all actions or proceedings arising in connection with this Agreement shall be tried and
litigated exclusively in the State Courts located in the County of San Diego, State of
California. You agree to submit to the personal jurisdiction of the courts in San Diego
County for the purpose of litigating all claims and disputes.
This Agreement contains the entire agreement of the parties. This Agreement
supersedes any prior written or verbal agreements. If any provision of this Agreement
shall be held to be invalid or unenforceable for any reason the remaining provisions
shall continue to be valid and enforceable. Our failure to act with respect to a breach by
you or others doesn’t waive our right to act with respect to subsequent or similar
breaches. We do not guarantee to take action against all breaches of this Agreement.
This policy describes how we handle your personal information on our website. By
collection, storage, use and disclosure of your personal information as provided in this
You can browse our website without revealing any personal information about yourself.
Once you give us personal information you consent to the transfer and storage of that
information on our servers located in the United States. We may collect and store the
following information: email address, physical contact information, sometimes financial
information such as credit card or bank account numbers; transactional information
based on your activities, such as bidding, buying or selling and content you generate
other information from your interaction with our website including computer and
connection information, statistics on page views, traffic,IP address and standard web
log information; additional information you may submit or ask you to submit to
authenticate yourself or to answer additional questions to help verify your identity, or
ownership of property you list.
We do not sell or rent your personal information to third parties without your consent.
We may use your information to improve and personalize our services, content and
advertising. If you do not wish to receive our marketing communications or ad programs
simply indicate your preferences on My Account or by following the directions provided
with the communication or ad.
Our primary purpose in collecting information from you is to provide you with a safe,
efficient and custom experience. You agree we may use your information to provide the
services and support your request;resolve disputes, collect fees and troubleshoot
problems; prevent potentially prohibited or illegal activities and enforce our User
Agreement; customize, measure and improve our services, content and advertising; tell
you about our services, marketing and service updates and promotional offers: and
compare information for accuracy and verify it with third parties.
You agree that we may disclose personal information to respond to legal requirements,
enforce policies, respond to claims that a listing or other content violates the rights of
others or to protect anyone’s rights, property or safety.
We may also share your personal information with: Service providers under contract
who help us with our business operations, other third parties whom you explicitly ask us
to send your information, law enforcement or other governmental entities in response to
a request relating to a criminal investigation or alleged illegal activity. In such cases we
will provide all information relevant to the investigation. Other business entities, should
we plan to merge or be acquired by them. Should such a combination occur we will
information. If your personal information will be used contrary to our policy you will
receive prior notice.
INFORMATION YOU SHARE ON Q1 REAL ESTATE AUCTION WEBSITE
Your name or chosen display name is displayed throughout the site and is connected to
all of your activity on the site. Other people can see your bids, purchases, property for
sale, feedback, ratings and related comments. Notices sent to our members about
suspicious activity and policy violations on our site refer to display names and specific
items. If you use your name or associate your name with your display name people will
be able to personally identify your activities on our site.
USING INFORMATION FROM OUR WEBSITE
Our website enables you to share personal and financial information with other
members to enter into and consummate real estate transactions. We cannot guarantee
the privacy or security of your information. You should always evaluate the security
and privacy policies of the people you are dealing with before sharing your
information. We only allow limited access to other user’s contact and financial
information to facilitate your transaction. In all cases you must allow anyone you
have dealt with the opportunity to review what information you have collected on them
and to remove themselves from your database.
You agree to use user information only for Q1 Real Estate Auction Transactions.
services, content and advertising, measuring promotional effectiveness and to promote
session only cookies and are deleted from your hard drive at the end of the session.
You are always free to decline our cookies if your browser permits.
YOU MAY NOT ADD OTHER USES TO OUR WEBSITE WITHOUT THEIR EXPRESS
CONSENT. YOU MAY NOT USE OUR TOOLS TO SEND SPAM OR OTHER
CONTENT SUCH AS SPYWARE OR SPOOFING THAT VIOLATES OUR USER
Your password is the key to your account and personal information. Use unique
numbers, letters and characters. Do not disclose your password to anyone. If you do
share your password you are responsible for all actions taken by them relating to your
account. If you lose control of your password you lose control of your personal
information and may be subject to legally binding actions taken on your behalf. If our
password is compromised you should immediately notify us and change your password.
You can review and change most of your personal information by signing on to our
website. You must promptly update your information if it changes or is inaccurate. Once
you publicly post you may not be able to change or remove it. Upon request we will
close our account and remove your personal information as quickly as reasonably
possible. We do retain personal information from closed accounts for a variety of
reasons including applicable law, prevent fraud, collect fees, resolve disputes,
troubleshoot problems, assist with investigations and take any other actions permitted
Your information is stored on servers located in the United States. We tools to protect
your personal information from unauthorized access. However, it is well known that
cyber criminals, hackers and third parties may unlawfully access your information and
communications and other users may misuse your personal information. WE WORK
HARD TO PROTECT YOUR PRIVACY, BUT WE DO NOT PROMISE AND YOU
SHOULD NOT EXPECT, THAT YOUR PERSONAL INFORMATION AND
COMMUNICATIONS WILL ALWAYS REMAIN PRIVATE.
If you disclose your information to others from our site, bidders, buyers or sellers you
encourage you to ask questions before you disclose your personal information to third
SELLER’S AGREEMENT, TERMS AND CONDITIONS
Provide accurate and detailed information about your property, including age and
condition. Make sure the details are consistent. Attach all mandatory disclosures and
reports. If available have a recent home inspection by a qualified home inspector and a
recent termite report by a licensed termite company. Attached accurate interior and
exterior photos of the property. Consider a quality video tour of the property.
CLEARLY SPECIFY THE TERMS AND CONDITIONS OF THE SALE
Viewing the Property
Provide open house dates and times. Tell Buyers if your property is available to show
on dates other than open house dates.
Provide accurate and detailed requirements for Buyers to get approval for participating
in the bidding/offering process.
Work to ensure a smooth and professional transaction. Respond promptly to bidders
and buyers questions. Be professional in your communications.
Include pictures that are inaccurate or give a misleading impression. Do provide
information that you have not verified as true and accurate. Do not make comments that
discourage bidders and buyers from participating or that could make them lose trust in
Q1 Real Estate Auctions or our Sellers.
Review and understand our rules for sellers, as well as applicable laws and regulations
and the User Agreement. Knowing our policies before your list a property will lead to a
smoother and more successful transaction and will help you avoid breaking a rule by