Welcome to Offerpad. Your use of our websites (such as www.offerpad.com), apps, and services, and your access to homes we own or market (collectively, “Services”), is governed by these Terms. (We refer to properties owned by an Offerpad Entity as “Offerpad Homes.” This includes any real property, including land.) Please review these Terms carefully: they contain important provisions that affect your ability to bring a lawsuit against us, including warranty and liability disclaimers (Sections 1.2 and 1.3) and a Dispute Resolution and Arbitration Provision (Section 1.9) in which both you and Offerpad give up the right to bring a lawsuit in court or a class action of any kind. You have the right to opt out of the arbitration agreement (see Section 1.9.9). Our Privacy Policy explains how we collect, use, and share personal information.
By using our Services, you agree to be bound by these Terms, forming a contractual relationship between you and Offerpad.
“Offerpad,” “we,” “us,” and “our” refer to Offerpad Solutions Inc., its affiliated companies (including Offerpad, LLC and the Offerpad Brokerages identified in Section 2.6), their predecessors, successors, and assigns, and all of the respective officers, directors, employees, and agents of any of these entities (each an “Offerpad Entity”).
Other agreements. If you sign a purchase or sale contract, listing agreement, buyer representation agreement, renovation agreement, or other written agreement with an Offerpad Entity (a “Transaction Document”), that agreement governs the transaction it covers and controls if it conflicts with these Terms. Descriptions of our process, timelines, fees, or programs on the Services are general information; your rights in a transaction are set by the signed Transaction Document.
Changes to these Terms. We may modify these Terms from time to time and will post the updated Terms at https://www.offerpad.com/terms-of-use/. You will be deemed to have accepted these Terms as updated if you continue to use our Services after any updates are posted. Changes do not alter any Transaction Document already signed. However, if we materially change the Dispute Resolution and Arbitration Provision, that change will not apply to any litigation or arbitration between us that was commenced before the effective date of the change.
Contents
1.1.1 General Requirements. You agree to abide by all local, state, and federal laws and regulations in your use of our Services. Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet these criteria, you must immediately stop using our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 Registered Users. We may restrict some Services to registered users. If you register an account, you must provide accurate, current, and complete information and keep it updated. You may not sell, transfer, or assign your account. You are responsible for keeping your login credentials confidential and for all activity under your account, and you agree to notify us immediately at privacy@offerpad.com of any actual or suspected unauthorized use.
1.1.3 Information About You and Your Property. You agree to provide complete and accurate information about yourself and any property you submit, and to keep it current. You may submit information about a property only if you own it or are authorized by the owner. Estimates, offers, and services may change or be withdrawn if information you provide is incomplete or inaccurate.
1.1.4 Access. Offerpad grants you limited, revocable permission to access and use our Services in accordance with these Terms. Any use of our Services not expressly permitted by these Terms is prohibited.
1.1.5 Copyrights, Trademarks, and Other Intellectual Property. The intellectual property rights in all content and materials available through our Services, including text, images, audio, video, interfaces, information, data, and computer code, belong to Offerpad or are licensed to us by third parties (collectively, our “Content”). You may access our Content only through our Services and may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit our Content, in whole or in part, without our prior written consent. Nothing in these Terms grants you any license to our Content except as expressly stated.
1.1.6 Infringement. You agree not to use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes infringement, please send a notice under the Digital Millennium Copyright Act (“DMCA”) to our designated agent: Offerpad, LLC, Attn: Legal Department (DMCA Agent), 433 S Farmer Ave, Suite 500, Tempe, Arizona 85281; phone 1-844-388-4539; email info@offerpad.com. If you believe in good faith that a notice was wrongly filed against you, you may send a counter-notice that meets the DMCA’s requirements. We may terminate access for repeat infringers in appropriate circumstances.
1.1.7 Other Restrictions. You agree that you will not, and will not help anyone else to:
You agree not to use our Services in any manner that could damage, disable, overburden, or impair them, or interfere with anyone else’s use of them. Your permitted use of the Services is set only by these Terms, and our use or configuration of robots.txt files or other exclusion protocols does not expand your rights.
1.1.8 Submissions. If you submit photos, videos, descriptions, reviews, suggestions, or other content to us (a “submission”), you (a) represent and warrant that you own the submission or have all rights needed to provide it and grant this license, and that it does not violate any law or anyone’s rights; and (b) grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, reproduce, publish, distribute, display, modify, and adapt the submission, in whole or in part, in any media, for any purpose, including to provide and improve the Services, evaluate and market properties, promote Offerpad, create de-identified or aggregated data, and develop, train, and improve our analytics and machine learning models, as described in our Privacy Policy. Please do not submit content you consider confidential, and please do not submit photos or videos showing people; we may blur, crop, or remove images of people, personal items, or identifying information. Submissions are not treated as confidential, and we have no obligation to review or respond to them.
1.2.1 NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, AND OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. OFFERPAD, ON BEHALF OF ITSELF AND ITS SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO OUR SERVICES AND CONTENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE. This Section does not limit any warranty or representation expressly made in a Transaction Document.
1.2.2 ASSUMPTION OF RISK. You use our Services and Content at your own discretion and risk, and you are responsible for any damage to your computer system or mobile device, or loss of data, that results. You visit Offerpad Homes (including the surrounding premises) at your own discretion and risk, and to the fullest extent permitted by law you assume all risk of property damage or loss, or bodily, mental, or personal injury, including death, relating to or arising from visiting an Offerpad Home.
1.2.3 Not a Legal or Professional Advisor. Offerpad is not engaged in rendering legal, tax, financial, appraisal, or other professional services. If you need professional assistance, including review of agreements and forms made available through our Services, you should consult a qualified professional of your choosing.
1.2.4 Third-Party Content and Sites. Property listings, records, school and neighborhood data, maps, and other information on the Services may come from multiple listing services (MLSs), public records, and other third parties, and links may take you to third-party sites. We do not guarantee that third-party information is complete, accurate, or current, and we are not responsible for third-party sites or their content, products, or terms. A link is not an endorsement.
You agree that, to the fullest extent permitted by law, Offerpad is not liable to you or any other person or entity for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services or our Content. This exclusion includes claims arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or reliance on data, estimates, information, opinions, or other materials accessed through our Services. Offerpad is also not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.
This exclusion also includes any claims or damages arising from an in-person visit to or assessment of a home by Offerpad personnel or contractors, except to the extent such damage is caused by the willful misconduct or gross negligence of our personnel.
IMPORTANT! Notwithstanding any provision to the contrary, nothing in these Terms affects warranties or legal rights that cannot be excluded or restricted under applicable law, including rights to damages.
You agree to indemnify, defend, and hold harmless Offerpad against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or related to (i) any violation or alleged violation by you of these Terms or any applicable law; (ii) your access, use, or misuse of our Services or Content; (iii) your submissions; and (iv) any infringement by you of the intellectual property or other rights of any third party. You may not settle any such claim without Offerpad’s prior written consent. We may, at our own expense, assume the exclusive defense and control of any claim subject to indemnification by you, and you agree to cooperate fully in that defense.
These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws provisions, except that the Dispute Resolution and Arbitration Provision is governed by federal law, and except where the law of the state where you reside or where the property is located applies mandatorily.
1.6.1 Waiver. Our failure to enforce any right or to act on a breach does not waive that right or limit our rights for that or any later breach. No waiver is effective unless in writing and signed by an authorized officer of Offerpad.
1.6.2 Severability. Except as set forth in the Dispute Resolution and Arbitration Provision, if any provision of these Terms is unlawful, void, or unenforceable, only the smallest portion necessary (a single item in a list or a single clause, rather than an entire section) is severed, and the remaining provisions remain valid and enforceable.
1.6.3 Assignment. We may assign these Terms, or any of our rights or obligations under them, to any party at any time without notice to you. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent.
1.6.4 No Relationship Created. Except as stated in a written brokerage agreement, using the Services does not create any agency, fiduciary, partnership, joint venture, or employment relationship between you and Offerpad.
1.6.5 Investor Information. Nothing on the Services is an offer to sell, or a solicitation of an offer to buy, any securities, and nothing on the Services should be relied on in making an investment decision. Information about Offerpad Solutions Inc. for investors, including its SEC filings and its cautionary statement regarding forward-looking statements, is available at https://investor.offerpad.com/. Statements on the Services about future plans, products, or results are forward-looking, speak only as of the date made, and are subject to that cautionary statement.
1.7.1 Service Communications. If you provide, or have provided, a telephone number to us under your name, you confirm that you are the authorized subscriber for that number and expressly agree that we may contact you at that number to provide informational and service messages about your request, account, or transaction, including by text message and by using automated telephone technology. Standard message and data rates may apply. Marketing text messages are governed by Section 1.8. We may record or monitor telephone calls for quality assurance and training.
1.7.2 Notices. If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately. Notices sent by email are deemed received on the date sent. Legal notices to Offerpad must be sent to the address in Section 3.4, Attention: Legal.
1.7.3 Electronic Records. You agree that we may provide agreements, disclosures, and notices to you electronically, and that your electronic signature or acceptance is binding. You may request a paper copy or withdraw this consent by contacting us as described in Section 3.4, though doing so may prevent us from providing some Services.
1.8.1 Consent and Opt-Out. By submitting a request for an offer and providing your telephone number you expressly consent to receiving text messages from Offerpad. Standard message and data rates apply. You can revoke consent and opt out of text messages, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us. You may receive a confirmation message. These are our standard opt-out keywords that will be processed automatically and immediately. You may also call customer support at 1-844-388-4539 or notify us through any other reasonable means, though other methods may take longer to process. You can also get help by calling customer support at 1-844-388-4539. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Telephone calls and messages may be monitored and recorded for quality assurance and training purposes.
1.8.2 Authority. By providing a mobile telephone number and requesting to receive communications via text message, you represent that you have the necessary authority to allow Offerpad to collect and use the number identified. You acknowledge that Offerpad retains the right, but not the obligation, to confirm the consent of the owner of the telephone number at any time. In the event that Offerpad is unable to confirm such consent, we may refuse to send text messages to the requested telephone number.
1.8.3 Promotional Messages and Data Sharing. Consent to receiving promotional messages is not required for receiving goods or services from Offerpad. Text messaging originator opt-in data and consent will not be shared with any third parties. Data obtained through our text message programs will not be shared with third parties for their marketing purposes.
1.8.4 Third-Party Costs. You acknowledge that data and messaging plans are required in order to receive Offerpad text alerts, and that standard data, messaging and other charges, fees, and taxes from your carrier may apply. You agree that you are solely responsible for such charges, fees and taxes that may result from your receipt of such text alerts, and that Offerpad has no liability for any of these costs.
1.8.5 Additional Program Information. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Reply HELP for help. Offerpad may send text messages from short codes, standard 10-digit telephone numbers, or toll-free numbers.
1.9.1 Definitions. “Claim” means any dispute, controversy, or claim arising between you and Offerpad, including claims relating to the Services, these Terms, and any call, text message, email, or advertising from or on behalf of Offerpad, whether based on contract, statute, tort, or any other legal theory. For purposes of this Section 1.9, “Offerpad,” “we,” “us,” and “our” also include any third party, such as a real estate agent, brokerage, or service provider, that you bring a Claim against in connection with a Claim you bring against us.
1.9.2 Informal Negotiations. To expedite resolution and reduce the cost of a Claim, you and Offerpad agree to first attempt to negotiate any Claim (except those expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. Informal negotiations begin upon written notice that includes the claimant’s name, contact information, a description of the Claim, and the relief sought, and that is personally signed by the claimant. Notices to Offerpad go to the address in Section 3.4, Attention: Legal. If necessary to preserve a Claim under an applicable statute of limitations, either party may initiate arbitration while informal negotiations continue.
1.9.3 Binding Arbitration and Class Action Waiver. Subject to Sections 1.9.4 and 1.9.9, you and Offerpad agree that any Claim will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. This Section 1.9 is governed in all respects, procedurally and substantively, by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. You and Offerpad each waive the right to a trial by jury or to participate in a class action.
A Claim may only be brought in an individual capacity. Neither you nor Offerpad may serve as a plaintiff, class member, or participant in any purported class action, collective action, private attorney general action, or other representative action.
Unless all parties to the arbitration consent in writing, no party may join, consolidate, or otherwise bring claims on behalf of two or more individuals or unrelated entities in the same arbitration unless those persons are parties to a single transaction. An award determines the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and may not determine the rights of anyone other than a named party or award relief for the benefit of or against anyone other than a named party. No administrator or arbitrator has the power to waive, modify, or fail to enforce this Section 1.9.3.
1.9.4 Claims Not Covered. Disputes regarding the validity, scope, coverage, or enforceability of any part of this Section 1.9, or the arbitrability of any Claim, will be decided by a court, not an arbitrator. Disputes regarding the validity or enforceability of these Terms as a whole will be decided by the arbitrator. Individual actions in small claims court (or an equivalent court) by you or us are not subject to this Section 1.9 as long as they remain in that court; if the action is transferred, removed, or appealed to a different court, it becomes subject to arbitration. Either party may seek injunctive relief in court to prevent infringement or misuse of intellectual property or unauthorized access to or interference with the Services. To the extent a Claim arises from a Transaction Document that has its own dispute resolution provision, that provision controls the Claim.
1.9.5 Arbitrator and Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules. If the AAA is unavailable or declines to administer the arbitration, it will be administered by JAMS under its applicable consumer and mass arbitration rules and procedures. The rules are available at www.adr.org and www.jamsadr.com. If this Section 1.9 conflicts with the administrator’s rules or any other provision of these Terms, this Section 1.9 governs.
1.9.6 Arbitration Costs. Each party will pay its own costs of arbitration as specified by the administrator’s rules. If you cannot afford your arbitration costs, you may apply for a waiver under those rules. We will pay any costs we are required to pay by law or the administrator’s rules, or that we must pay for this Section 1.9 to be enforced. The parties will bear their own attorney, expert, and witness fees and costs, unless applicable law, these Terms, or the administrator’s rules provide otherwise.
1.9.7 Relief, Applicable Law, and Venue. The arbitrator may grant any substantive relief that would be available in a court under applicable law on an individual Claim, including compensatory, statutory, and punitive damages (governed by the constitutional standards that apply in judicial proceedings), declaratory, injunctive, and other equitable relief (only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim, except as provided in Section 1.9.8), and attorneys’ fees and costs. The arbitrator will apply the statutes of limitations and privilege rules that would apply in court. The hearing will take place in the federal judicial district where you reside, or at another place the parties agree on, and may be conducted by video conference.
1.9.8 Survival; Severance. This Section 1.9 survives termination of these Terms or any other agreement between the parties, and continues after you stop using the Services, after your account is closed, terminated, or suspended, and after you enter bankruptcy (if permitted by applicable bankruptcy law). This Section 1.9 may be severed or modified if necessary to make it enforceable, except that: (i) if the class action waiver in Section 1.9.3 is declared invalid in a proceeding between the parties that does not seek public injunctive relief, and that determination becomes final after all appeals are exhausted, this entire Section 1.9 (other than this sentence) is null and void in that proceeding; and (ii) to the extent you or Offerpad prevail on a Claim in arbitration and seek injunctive relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public, the entitlement to and extent of that relief must be litigated in a civil court of competent jurisdiction and not in arbitration. Litigation of public injunctive relief will be stayed pending the outcome of the individual Claims in arbitration.
1.9.9 Right to Opt Out. You may opt out of arbitration entirely and litigate any Claim if you give Offerpad written notice within 30 calendar days after (i) first accepting these Terms on or after October 27, 2026 or (ii) creating an Offerpad account on or after October 27, 2026. Send notice by email to info@offerpad.com with the subject line “Arbitration Opt-Out” or by mail to the address in Section 3.4, Attention: Legal. The notice must include your name, address, email address, and telephone number and a statement that you opt out of the Dispute Resolution and Arbitration Provision in the Offerpad Terms of Use. Opting out does not affect any other part of these Terms or any dispute resolution provision in a Transaction Document.
1.9.10 Coordinated Filings. If 25 or more similar Claims are asserted against Offerpad by the same or coordinated counsel, the administrator’s mass arbitration rules apply. Counsel for the claimants and Offerpad will each select up to 10 Claims to proceed first as bellwether arbitrations, the remaining Claims will be held with limitations periods tolled until those are resolved, and the parties will then mediate globally in good faith before the remaining Claims proceed. A court may resolve any disagreement about the application of this Section.
Some terms apply only to certain Services. They are set out below and apply in addition to Part 1.
Home value estimates, offer ranges, preliminary offers, net proceeds calculators, repair estimates, and similar figures are estimates generated using automated tools, which may include machine learning models, public records, MLS data, and information you provide. They are not appraisals and are not offers. They are invitations for you to request an Offerpad Offer or other services, and they may differ from any offer we make and from the price you could obtain in another sale.
2.2.1 Offerpad Offers. An “Offerpad Offer” is an offer by an Offerpad Entity to purchase a home for its own account. You may be eligible to receive an Offerpad Offer after you provide information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current purchasing criteria, which may change from time to time for a given service area in our sole discretion, and (iv) we have had an opportunity to assess the home. An Offerpad Offer is not an appraisal. It is the purchase price we are willing to pay, subject to the credits, fees, terms, and conditions stated in the offer and the purchase agreement. Offers expire as stated in the offer and may be revoked before they are accepted. We make no representation that an Offerpad Offer will equal or exceed fair market value or the price you could obtain through another sales method.
2.2.2 Our Role. When an Offerpad Entity makes an offer on your home, it is not acting as your real estate agent or broker and does not represent you in any capacity as a seller. It is acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept an Offerpad Offer. See Section 2.6 for how this works if an agent presents an Offerpad Offer to you.
2.2.3 In-Home Visits and Assessments. We may ask to schedule a visit by an Offerpad representative, inspector, or contractor to assess your home before or after making an offer. You agree to provide reasonable access, to secure pets, valuables, and medications, and to tell us about any known hazards. Our personnel may take photos, video, and measurements of the property for assessment, offer, and marketing purposes as described in Section 1.1.8 and our Privacy Policy. Liability for in-home visits is addressed in Section 1.3.
2.2.4 After You’ve Sold Your Home. After you sign a contract to sell your home, either to us or using our Services, please arrange mail forwarding with the U.S. Postal Service effective as of your closing date and update your address with anyone who regularly sends you packages. Once your sale has closed, we disclaim all liability for mail or packages delivered to the property. Any post-closing occupancy, such as an extended stay, is governed by the Transaction Document.
2.3.1 Third-Party Offers. Through our Cash Offer Marketplace, we may present offers to purchase your home from independent third-party buyers (“Marketplace Buyers”), alongside or instead of an Offerpad Offer. Marketplace Buyers are not Offerpad Entities. Any offer from a Marketplace Buyer, and any resulting contract, is between you and that Marketplace Buyer.
2.3.2 No Guarantee. Offerpad does not guarantee that a Marketplace Buyer will make an offer, honor its offer, obtain financing, or close, and is not responsible for a Marketplace Buyer’s acts or omissions. Presenting an offer is not a recommendation that you accept it.
2.3.3 Information Sharing and Compensation. By requesting offers through the Cash Offer Marketplace, you agree that we may share your name, contact information, property address, and other information relevant to your request with Marketplace Buyers so they can evaluate your property, make offers, and contact you about them, as described in, and subject to the choices available under, our Privacy Policy. Each Marketplace Buyer’s use of your information is subject to its own privacy policy. Decisions about whether to make an offer, and on what terms, are made by Offerpad and each Marketplace Buyer in their sole discretion. Offerpad may receive compensation from Marketplace Buyers as described in Section 2.9.
2.4.1 Authorized Access. These rules apply when you tour an Offerpad Home, including through self-guided access such as Instant Access. By entering, you confirm that you are doing so to (1) evaluate the home for potential purchase or (2) conduct authorized business with Offerpad. Each access request grants up to 1 hour in the home unless Offerpad expressly permits a longer visit. Offerpad may revoke permission to access any home at any time. If you are asked to leave one Offerpad Home, you lose permission to visit any other Offerpad Home unless Offerpad notifies you otherwise.
2.4.2 Identity Verification. Before granting self-guided access, we may verify your identity. Verification may be performed by Offerpad directly or by a third-party identity verification service provider acting on our behalf. When you use your mobile device to request access, you authorize your wireless carrier to disclose information about your wireless account, such as subscriber status and device details, if available (“Mobile ID Data”). You may also be asked to share information from your driver’s license or state-issued ID or a photo of yourself, and you authorize Offerpad, or a service provider acting on our behalf, to collect and verify that information (“Verification Information”). If a service provider performs the verification, you may be asked to accept its terms before proceeding. We use Mobile ID Data and Verification Information only for lawful purposes, including identity verification, the security of homes we own or market, and fraud prevention, as described in our Privacy Policy.
2.4.3 Authorized Activities. When you enter an Offerpad Home, you agree that you will not, and will not help or allow others to:
2.4.4 Responsibility. By accessing an Offerpad Home, you accept legal and financial responsibility for any damage you cause and, to the fullest extent permitted by law, for any bodily, mental, or personal injury, including death, relating to or arising from your visit. If, in accessing an Offerpad Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted these Terms, you accept legal and financial responsibility for their behavior, including any breach by them of this Section 2.4. Homes may be equipped with video monitoring and other security technology, as described in our Privacy Policy.
2.5.1 As-Is Conveyance. If you contract to purchase an Offerpad Home, the following additional terms apply to your purchase. If they conflict with the purchase contract governing the home (the “Purchase Contract”), the Purchase Contract controls.
You acknowledge that Offerpad has given you the opportunity to inspect the home and strongly encourages you to obtain an inspection by a licensed home inspector. You further acknowledge that Offerpad has not resided in the home and has limited knowledge of it.
Accordingly, you agree that you are acquiring the home “as is, and with all faults,” without representations, warranties, or covenants of any kind regarding its quality, physical condition, or value, the presence of hazardous substances in or near it, or expenses associated with it. You waive any implied warranty as to habitability and any implied warranty as to the workmanship of repairs or renovations performed on the home.
You agree that you have had ample opportunity to obtain professional assistance of your choosing and are relying solely on your own independent judgment and that of your own professional consultants, if any, in entering into the Purchase Contract and purchasing the home. You will conduct any inspections you consider necessary and, if you purchase the home, you assume the risk of any adverse conditions, including conditions not revealed by inspection.
2.6.1 About the Offerpad Brokerages. Offerpad, LLC is the parent company of certain licensed real estate brokerages, including Offerpad Brokerage, LLC and Offerpad Brokerage “FL”, LLC (collectively, the “Offerpad Brokerages,” and each, an “Offerpad Brokerage”).
The Offerpad Brokerages participate in certain multiple listing services (MLSs) that allow them to show you photos and data about listed and previously listed properties. Unless you are a licensed agent, you agree (a) to use this data only for personal, non-commercial use; (b) not to redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and (c) that the MLS that supplies the data owns it and holds proprietary rights and copyright in it.
2.6.2 Representation of Offerpad. If you buy an Offerpad Home or sell your home to an Offerpad Entity, an Offerpad Brokerage may represent Offerpad in the transaction.
2.6.3 HomePro Agents. Our HomePro program connects sellers with licensed real estate agents (“HomePros”) who can present multiple options for selling a home, which may include an Offerpad Offer, offers from Marketplace Buyers, and listing the home for sale. A HomePro may be affiliated with an Offerpad Brokerage or with an independent brokerage. A HomePro represents you only under a written agreement with that HomePro’s brokerage, and the terms of that agreement and applicable state law define the representation. A HomePro affiliated with an independent brokerage is not an employee or agent of Offerpad, and that brokerage is responsible for its agents.
If you sell your home to an Offerpad Entity, an agent affiliated with an Offerpad Brokerage will not represent you in that sale, and may not be able to represent you in other transactions where an Offerpad Brokerage represents another party. In those instances, you remain welcome to work with a Partner Agent or another agent of your choice.
2.6.4 Referrals to Partner Agents. At your request, or if you choose to list your home or buy a home with an agent, an Offerpad Brokerage may refer you to a third-party agent who can represent you (a “Partner Agent”), and you may be eligible for promotions for working with that agent. If you choose to work with a Partner Agent, the referring Offerpad Brokerage may receive a referral fee from the Partner Agent’s brokerage. We never require you to use any particular agent to buy or sell a home.
2.6.5 Agents Who Introduce You to Offerpad. If an agent you have chosen introduces you to Offerpad, that agent represents you and not Offerpad. Any compensation to your agent in a transaction with an Offerpad Entity will be stated in the Transaction Document.
2.6.6 Offerpad-Owned Listings. Information about Offerpad Homes that does not come from an MLS is provided by Offerpad, is deemed reliable but not guaranteed, is provided “as is” without warranty, and should be independently verified.
Renovation and home improvement services are performed by OP Contracting GA, LLC or independent licensed contractors under a written agreement that governs the work.
2.8.1 Financing. Offerpad Mortgage, LLC (NMLS #2087710), an Offerpad Entity, is a licensed mortgage company that may offer mortgage financing to our customers. Licensing information is available at www.nmlsconsumeraccess.org. You are not required to use Offerpad Mortgage, LLC to buy or sell a home with Offerpad, and you are free to choose any lender. Mortgage calculators, payment estimates, and rates shown on the Services are for illustration only and are not an offer to lend or a commitment to make a loan. All loans are subject to application, credit approval, underwriting, and the terms of your loan documents. If you obtain financing from a third-party lender, that lender, not Offerpad, makes all lending decisions, and Offerpad does not guarantee that you will qualify for any loan or rate.
2.8.2 Other Partners. Title, escrow, home warranty, insurance, moving, and other services available through the Services may be provided by independent companies. Those companies are responsible for their own services and terms. Where required by law, we will give you an affiliated business arrangement disclosure before referring you to a provider in which an Offerpad Entity has an ownership interest. You are always free to choose your own lender, title company, and other settlement service providers.
Offerpad earns revenue in several ways, including: buying, renovating, and reselling homes; service fees and credits stated in Transaction Documents; brokerage commissions earned by the Offerpad Brokerages; fees and compensation earned by Offerpad Mortgage, LLC on loans it originates or arranges; referral fees from brokerages whose agents we refer customers to; fees from Marketplace Buyers; and fees from partners that provide services to our customers, where permitted by law. When we receive compensation from a third party in connection with a service you use, we will disclose it where required by law.
From time to time we may advertise promotions, such as extended stays or credits, and estimates of what customers may receive. Final amounts depend on the terms of the promotion and your Transaction Document. Unless otherwise stated, promotions may not be combined and may be changed or ended at any time.
We use artificial intelligence and automated tools in parts of the Services, including a customer chatbot. These tools provide general information only, not legal, financial, tax, or real estate advice, and you should verify their output before relying on it. They have no authority to make offers, enter into agreements, or otherwise bind Offerpad, and their statements are not legally binding. The chatbot operates without human review. Output is provided “as is,” may be inaccurate or incomplete, and is not endorsed by Offerpad. We may change these tools at any time.
Under California Civil Code Section 1789.3, the provider of the Services is Offerpad, LLC or an affiliated entity, 433 S Farmer Ave, Suite 500, Tempe, Arizona 85281. Complaints regarding the Services or requests for further information may be sent to that address or to info@offerpad.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834, or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800) 326-2297 or TDD (916) 928-1227. See www.dca.ca.gov for additional information.
Offerpad explicitly authorizes MLS® employees, MLS® members, or their duly authorized representatives to access Offerpad’s websites that provide information under applicable MLS® rules for the purposes of verifying compliance with MLS® rules and monitoring the display of participants’ listings on Offerpad’s site.
Offerpad is committed to equal housing opportunity and complies with the federal Fair Housing Act and applicable state and local fair housing laws. You may not use the Services in any way that violates those laws. Equal Housing Opportunity.
Questions about these Terms may be sent to info@offerpad.com, by phone at 1-844-388-4539, or by mail to:
Offerpad, LLC
Attention: Legal
433 S Farmer Ave, Suite 500
Tempe, Arizona 85281
Any rights not expressly granted in these Terms are reserved by Offerpad.
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