By using LotsOf.Land and Associates (“Website”) or any features thereof, you agree to abide by the Terms of Service (“Agreement”) set forth herein, and to any future amendments and/or variations thereof. In case you do not agree to any of the provisions contained herein, you acknowledge and understand.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Effective Date
May 20, 2021
Intellectual Property
All content published and made available on our Site is the property of LotsOf.Land and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Third Party Land and Services
Our Site may offer other land and services from third parties. We cannot guarantee the quality or accuracy of land and services made available by third parties on our Site.
Third Party Links to Other Websites
This Site also contains links to third party websites, belonging to our advertisers, affiliates, or partners. Your interactions and dealings with such linked websites shall be subject to their specific legal requirements and privacy policies. We do not endorse such linked sites and disclaim the authenticity of the content or genuineness of such third party linked websites.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
LotsOf.Land and our company managers, directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless LotsOf.Land and our managers, directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Force Majeure
We shall not be liable for any failure in performing our obligations under this Agreement due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts, floods, natural calamities, governmental actions and acts of God.
Buying Process
1) Once you have picked your property our team will prepare a standard contract that we use for all property sales.
2) Our team will send the contract for your signature via pandadoc.com and once fully executed we will send a copy for your records.
3) Next our team will engage the title firm that closed the property when we acquired it. Due to the fact that the title firm we engaged recently issued a title policy they are best fit to complete the transaction as quickly as possible. All title and closing fees are Buyer’s responsibility. NOTE: All title firms we engage are licensed in the state where the property is located and are either a national title agency or recommended by a national title agency that our company works with on a regular basis.
4) Within 72 business hours after the contract has been signed, the earnest deposit will need to be deposited with the designated title firm.
5) Once ready to close, the title firm will arrange for funds, paperwork and subsequent signings to take place. Any questions regarding the closing will be sent to the title firm in charge of the closing, but our team will be here to help assist where we can be of help.
6) Enjoy your property once the closing is complete!
Sale of Land
In the interest of transparency, the following disclosures are made to better acquaint potential buyers with how LotsOf.Land does business. Anyone interested in purchasing property from us is advised to read the following:
(a) The Managers of LotsOf.Land are neither realtors nor brokers. All properties listed on this site are owned by our company and are listed here ‘For Sale By Owner.’
(b) All properties listed for sale on LotsOf.Land are purchased ‘as is’ and are sold ‘as is.’
(c) All properties are sold free and clear of encumbrances and liens. For properties we have purchased through title firms, we will provide our buyers with a Warranty Deed. For those we have not received title insurance on but whose title history we have otherwise investigated to our satisfaction, we will convey with a Special Warranty Deed. Each property’s listing page will indicate the conveyance document we intend to provide that property’s buyer at the time of sale.
(d) Unless stated in the specific listing page, Mineral Rights are not included with the properties that we sell. Most Mineral Rights were secured by developers or oil and gas interests years prior to our acquisition of the land. The Managers of LotsOf.Land do not maintain any mineral rights over the properties we sell.
(e) The Managers of LotsOf.Land pay the taxes on listed properties either when we purchase the land, or when we receive the county tax statements each year. Whatever taxes have not been paid or are still owed on the land will be paid at the time of conveyance.
(f) After purchasing property from LotsOf.Land, all future property taxes will be the responsibility of the buyer, whether they receive the annual notice or not.
(g) All of the information provided on our listing pages is, to the best of our knowledge, correct and we do our best to provide information on each property that is as accurate as possible. All property and legal information comes from software that compiles its data from county records. All zoning information comes from conversations with local zoning officials or is lifted directly from zoning ordinance documentation on county websites.
(h) Each property is subject to various restrictions, whether they be county zoning ordinances, state building codes, environmental laws, or covenants created when the land was first subdivided. While we do our best to represent these properties as accurately as possible and to make our buyers aware of any potential constraints they may be subject to, our research will always be limited. Because of this, all potential buyers are encouraged to contact whatever city, county or state authorities have jurisdiction over the land and inquire with them as to the viability of their plans.
(i) All buyers are encouraged, whenever possible, to scout the desired property prior to purchase. Buyers who cannot scout the properties are encouraged to review the photo and video galleries provided on each listing page.
(j) All photography and video images of the land provided on the listing pages are from the properties themselves unless otherwise stated.
(k) In all cases, the Managers of LotsOf.Land have never personally seen or visited any of the properties listed on our site. First hand reports of the conditions of the land and proximity to utilities, as well as other relevant information, come from detailed reports supplied by our drone pilots after they have scouted and photographed the property.
(l) Unless stated in the listing, the properties we sell have not been staked or surveyed by our company. In the history of the land, they may have been staked or surveyed and some may even have boundary markers still in place. LotsOf.Land, however, does not guarantee this to our buyers and encourages anyone buying land from us to get the property professionally surveyed after purchase.
(m) The GPS coordinates provided on the listing pages come from software which pulls its information from county records. While these coordinates are reliable and will help you locate the subject property, they are ultimately just a guide to find the land and roughly approximate its boundaries. Anyone looking to construct a home or a fence is encouraged to first employ a surveyor to tell you exactly where the property begins and ends.
(n) Further, Buyer understands that the Seller is conveying the above described property “as-is” and Buyer agrees to purchase property as such. No representations as to fitness for a particular purpose have been made. No verbal claims or promises have been made to Buyer which do not appear in writing here. If the above described property is not situated on a public road, then Buyer hereby acknowledges such, and agrees to hold Seller harmless for maintenance and improvements to existing easement. Buyer also agrees that any improvement or utility bonds will be assumed by the Buyer, and Buyer agrees that if he/she/they did not physically inspect the above property, then Buyer understands that will not constitute grounds for termination of this contract. All information, descriptions, or images that we provide about our land are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all the land we provide.
Payments
We accept the following payment methods on our Site: Credit Card; Debit; Wire Transfer; ACH; Money Order; and Check. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Our goal is to have satisfaction with all of our Clients. We go to great lengths to make the land buying process straightforward. We only have one of each property and we have tons of people viewing our website and listings each day from across the globe. All purchases with our company are final so please be sure you want to buy with us before making any payments!
(a) Land Deposits: This is a non-refundable deposit on a property purchase and is considered as the initial deposit. This is credited towards the purchase at closing. If you choose not to go forward, then this money is no longer yours. All land deposit transactions are final.
(b) Land Sales: Upon completion of the Due Diligence Period given to all customers, all money given into escrow directly to LotsOf.Land and its affiliates or to affiliated title companies or attorneys becomes non-refundable. Upon final closing of the land, there are no refunds, exchanges or other arrangements. All sales are final, so please make sure you want the land before you decide to move forward and close on your land purchase!
Buying Process
1) Choose your property and buying method of cash or financing.
2) Our team will prepare a standard contract that we use for our land deals.
3) We will send the contract for your signature via signnow.com and once signed we will send a copy for your records.
4) We will engage the title firm that closed our land to close the sale and act as escrow agent for the transaction. Due to the fact that the title firm we used on the acquisition recently completed the title
Website Disclaimers
(a) This website is provided on an “AS-IS-AND-AS-AVAILABLE” basis and you use this website at your own risk.
(b) We make no representation or warranty – express or implied – that the service provided on this website will be uninterrupted or error-free. In case of any technical problems that prevent the uninterrupted running of this website, we shall not be liable for loss of business, or profit, or revenue, or otherwise to any user or third party.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and LotsOf.Land are unable to resolve any dispute through informal discussion, then you and LotsOf.Land agree to submit the issue before an arbitrator. The decision of the arbitrator will be final and binding. Any arbitrator must be a neutral party acceptable to both you and LotsOf.Land. The costs of any arbitration will be shared equally between you and LotsOf.Land. Notwithstanding any other provision in these Terms and Conditions, you and LotsOf.Land agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
LotsOf.Land
(503) 512-0234
hello@lotsof.land
11918 SE Division Street #1059, Portland, OR 97266
Applicable Law
Any dispute that is, or becomes, a subject matter of any provision contained herein shall be subject to the exclusive jurisdiction of laws and courts located in the State of Oregon, United States of America.