Property & Note Listing Platform

1 Platform Purpose - Marketplace Only

The Utah Real Estate Investors Association ("Utah REIA," "we," "us," or "our") operates this property and note listing platform (the "Platform") solely as an informational marketplace where members and participants may post listings for real property and mortgage notes available for sale.

Utah REIA is not a real estate broker, mortgage broker, licensed lender, securities dealer, investment advisor, financial advisor, or agent of any buyer or seller. Nothing on this Platform constitutes a solicitation, offer, or recommendation to buy or sell any property, note, or financial instrument.

2 No Agency Relationship

Utah REIA does not represent, act on behalf of, or owe any fiduciary duty to any buyer, seller, or any other party using the Platform. Use of the Platform does not create any agency, partnership, joint venture, employment, or franchise relationship between Utah REIA and any user.

All listings are submitted independently by sellers, and Utah REIA has no involvement in, control over, or responsibility for the accuracy, completeness, or legality of any listing or the conduct of any user.

3 Buyer's Sole Responsibility for Due Diligence

All due diligence is the exclusive responsibility of the buyer. Utah REIA makes no representations or warranties express, implied, or statutory regarding any property or note listed on the Platform, including but not limited to:

• Title status, encumbrances, liens, or ownership history
• Physical condition, habitability, environmental status, or code compliance of any property
• Valuation, market value, or investment potential
• Financial performance, yield, or risk of any mortgage note
• Accuracy of any information provided by the seller
• Legal enforceability, payment history, or collateral status of any note

Buyers are strongly encouraged to retain qualified professionals including licensed real estate attorneys, title companies, appraisers, home inspectors, certified public accountants, and financial advisors prior to entering into any transaction. Utah REIA is not responsible for any loss, damage, or liability arising from a buyer's failure to conduct adequate due diligence.

4 Buyer and Seller Responsibility for All Transactions

All transactions occurring between buyers and sellers through connections made on this Platform are solely between those parties. Utah REIA is not a party to any transaction, purchase agreement, assignment, or transfer of funds and bears no responsibility for the outcome of any such transaction.

Prior to consummating any transaction involving the transfer of money or other consideration, both the buyer and the seller are required to independently validate and confirm:

• The identity of the counterparty
• The accuracy and authenticity of all transaction documents
• The agreed-upon purchase price, terms, and conditions
• The method, timing, and destination of any funds transfer
• The legal status and clear transferability of the asset being purchased

No transaction should be funded or closed based solely on information obtained from this Platform. Utah REIA expressly disclaims any responsibility for fraudulent listings, impersonation, wire fraud, or any other misconduct by users of the Platform.

5 Note and Mortgage Transactions - Secondary Market

This Platform facilitates the secondary market purchase and sale of existing, already-originated mortgage notes. Utah REIA is not originating, brokering, underwriting, or guaranteeing any loan or note offered on the Platform.

Notwithstanding the foregoing, users of this Platform should be aware of the following:

• Frequent sellers: Individuals or entities who regularly and repeatedly sell notes through this Platform may be subject to dealer registration requirements under the Utah Uniform Securities Act (Utah Code § 61-1 et seq.). Such persons should consult a licensed Utah attorney.
• Fractionalized interests: The sale of partial or fractional interests in a note is not permitted on this Platform and may not qualify for the § 61-1-14(2)(e) exemption.
• Mortgage pools: Pooled note offerings where multiple notes are packaged and interests sold do not qualify for the exemption and are not authorized on this Platform.

6 No Investment or Financial Advice

Nothing on this Platform constitutes investment advice, legal advice, tax advice, or financial planning services. Information and listings are provided for general informational purposes only. You should not rely on any information presented on the Platform in making investment, legal, tax, or financial decisions. Always consult qualified and licensed professionals for guidance specific to your situation.

7 No Endorsement of Listings or Users

The presence of a listing on this Platform does not constitute an endorsement, verification, or recommendation by Utah REIA of the seller, the property, the note, or any terms of any proposed transaction. Utah REIA does not screen, verify, or validate sellers, buyers, property titles, note documents, or any claims made in listings.

8 Limitation of Liability

To the fullest extent permitted by applicable law, Utah REIA, its officers, directors, employees, members, volunteers, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with:

• Your use of or inability to use the Platform
• Any transaction or interaction between users of the Platform
• Any inaccuracy, error, or omission in any listing
• Any loss of money, property, investment, or business opportunity
• Any unauthorized access to or alteration of your data or communications

This limitation applies regardless of the legal theory asserted and even if Utah REIA has been advised of the possibility of such damages.

9 Indemnification

By using this Platform, you agree to indemnify, defend, and hold harmless Utah REIA and its officers, directors, employees, members, volunteers, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your listings or communications on the Platform; (c) any transaction you enter into with another user; or (d) your violation of these Terms.

10 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws provisions. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah.

11 Modifications

Utah REIA reserves the right to modify this Disclaimer at any time. Continued use of the Platform following any modification constitutes your acceptance of the revised terms. Material changes will be posted with an updated effective date.

12 Contact

For questions about this Disclaimer, please contact Utah REIA at:

Utah Real Estate Investors Association
[email protected]
801-441-4059