Terms Of Service

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor does it form an attorney / client relationship.

Terms of Service

This website www.rickdavisrealestate.com (the “Site”) is owned and operated by Rick Davis Real Estate, LLC (“COMPANY” “we” or “us”). By using the Site, you agree to be bound by the Terms of Service and to use the Site in accordance with the Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. We reserve the right to change the Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and attribute the work on your reproduction.

Limitations on Linking and Framing

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we provide links to Internet sites maintained by third parties. Some of the links we provide are “affiliate links.” This means if you click on the link and purchase the item connected to that link, COMPANY will receive an affiliate commission. This disclosure is made in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. All opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

Other

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

These Terms of Use shall be governed by and construed in accordance with the State of Kansas, United States of America. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyrighted by Rick Davis Real Estate, LLC ALL rights reserved. No part of this site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Rick Davis Real Estate, LLC.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be sent to us using the contact form or to our registered office address in the state of Kansas.

Contacting Us

If there are any questions regarding the Terms and Conditions, you may contact us via the contact form.

Terms of Service

This page will outline the terms and conditions for working with Rick Davis Real Estate, LLC and/or placing orders on this website. These terms are subject to change at any time without notice. Please contact us with any questions prior to submitting an order as placing an order constitutes your acceptance of these terms and conditions.

Any paid legal consultation is a limited scope representation and while we will keep the information shared during this consultation confidential, there shall be no attorney-client relationship formed following the consultation unless we mutually agree to move forward with further services and you have purchased additional services through this website.

As this is a limited-scope representation for the purpose of answering general legal questions, you may not use the firm’s name as your lawyer or direct any third party to contact the firm unless otherwise agreed in writing. Moreover, we can not answer additional questions submitted via email, chat or phone calls following the consultation and you will need to purchase an additional limited-scope consultation for additional questions.

Moreover, please be advised that all advise provide during the call is based upon the information shared and additional information not available to the attorney may change the advise provided.

There are no refunds offered for cancelled or missed appointments; however, if you re-schedule your consultation at prior to the scheduled time for the consultation, there is no charge for re-scheduling.

DIY Legal is an online form and legal resource bank designed for real estate investors. Purchasing forms on this website does not create an attorney-client or Broker-Client relationship between the purchaser and Rick Davis Real Estate. These forms are designed to cover most BUT NOT ALL transactions. As such, additional modifications, addendums, or amendments may be necessary. Furthermore, purchasers utilize these forms at their own risk and Rick Davis Real Estate will not be liable for any claims related to the use of these forms. If a purchaser has any questions about how to use these forms, what form to use, whether a different form is needed, etc, the purchaser may schedule a consultation with the attorney for an additional fee by going to https://rickdavisrealestate.as.me/Consultations.

Rick Davis Real Estate provides legal, brokerage, closing, and title services exclusively to members of its Guarded Pockets Program.  All prospective members are subject to approval by RDRE and no member shall be accepted if it shall result in a conflict of interest with a current member.

Membership Details

Legal and Other Questions

Unlimited scheduled phone calls refers to the ability to schedule a ten minute phone call with an attorney up to one time per business day to answer any legal, business, or real estate related questions being faced by the member. The calls are intended to provide answers to basic questions and do not include the review of documents, drafting documents, legal research, or anything other than a quick conversation and answer to the question being posed.  Moreover, questions must relate to the member and not the business or operations of non-members.

Questions submitted via text message are questions that can be stated in a standard sized text message and be read and responded to in less than ten minutes. Responses to text messages will be as prompt as possible but may not be immediate.

Email submissions are limited to questions that can be reviewed and answered within ten minutes and do not include the review of documents, formal legal opinions, legal research, or other services beyond the answering of a brief question.

Member Discounts

Member discounts are provided for services provided by Rick Davis Real Estate; however, certain exclusions apply. These exclusions include any services provided by third party providers, title insurance, and other services that are predominantly based on costs paid to third-parties.

Registered Agent Services

Resident agent service includes us serving as the resident agent for an unlimited number of Kansas and/or Missouri entities. Resident agent services for entities formed in other states are available through a third-party at the cost of $149 per year.  Membership does not include the costs charged by the state for changing or modifying a registered agent, which shall be billed directly to the member and due upon receipt.

If membership is halted at any time, the member is responsible for changing the registered agent service within ten (10) days at the member’s sole cost and expense.  Additionally, RDRE reserve the right to withdraw as the registered agent for any member who terminates its membership and/or to hold any documents received pending the payment of the membership dues owed through the date of termination to the date the document was received.

Members are responsible for keeping RDRE informed of the member’s current contact information at all times.  Member understands that if RDRE receives legal pleadings on the member’s behalf and is unable to reach the member, default judgment may be entered by the court for failure to respond.  It is further acknowledged that registered agent services includes the acceptance of legal pleadings on the member’s behalf but does not include any additional legal services, such as reviewing, advising on or responding to legal documents., and that said services can be provided for an additional fee.

State Registration Compliance Monitoring

RDRE will monitor the state records to ensure the timely filing of all annual reports and other documents with the state.  Any fees charged by the state for said filings shall be billed to the member directly and due upon receipt.

Additionally, if the member provides RDRE with a copy of its organizational documents, RDRE will also monitor to ensure compliance with annual meeting and notice requirements for the member entity.

Online Corporate and Meeting Minute Storage

RDRE will provide each member with access to an online portal where the member can enter and store meeting information.  The member is responsible for entering the information following each meeting and RDRE assumes no responsibility for the accuracy of the information entered by the member.  The member shall have access to information entered in the portal while an active member, and upon termination will be provided with a copy of all meeting minutes stored in the system to be kept by the member.

Daily REO and Distressed MLS Listing Emails

RDRE will set up an automatic email providing a list of properties determined to be bank-owned or REO or that include key works in the description to indicate that the property is distressed.  The exact key words used are proprietary and will not be shared with the members.  RDRE is providing these listings as a service and the MLS email does not – by itself – create an agency relationship between RDRE and the member.  If a member desires to view or make an offer on a property, the member must first engage RDRE as its agent through a separate written agreement.

As RDRE is not an agent of the member when providing these listings, the member is free to utilize other real estate agents to purchase or list properties, including in-house agents.

Real Estate Commissions

Real Estate Commissions listed as part of the membership package refer to the commission paid to the member’s side of the transaction only.  In other words, if a Deluxe member hires RDRE as a listing agent, the commission paid to RDRE is 2.0%, and an additional commission shall be paid to any buyer’s agent.  This additional commission is usually 3.0%, which would make the total commission in the above example 5.0%; however, this is ultimately up to the member.

If RDRE is the only agent involved in the transaction, RDRE is entitled to receive the commission for both sides; however, RDRE will reduce the commission to 2x the commission stated in the membership.  Therefore, if a deluxe member hires RDRE and RDRE is the only broker involved in the transaction, RDRE will charge a commission of 4.0% (2 x 2.0%) instead of the 5.0% commission that would be owed if another broker was involved in the transaction.

Unlimited Review of Form Contracts

Review of RDRE and KCRAR contract forms reviews include the review of populated pre-printed forms provided either by this law firm or the Kansas City Regional Association of Realtors. We will review the documents for inconsistencies or items that are not in conformity with industry standards or your stated goals for the contract. The Guarded Pockets™ does not include drafting additional language for the contract, preparing addendums, or other legal work beyond the review and verbal discussion of the contract forms.

One Week or Two Business Days Cash or Private Financing Closings

Expediated closing services are provided to Guarded Pockets™ members and are limited only to closings involving cash sales or private financing when we are drafting the financing documents.  If we are required to wait on a third party to draft financing documents, expediated closings can only be provided assuming that the loan documents are provided to us at the time of the order.

Expediated closing services are limited to Johnson, Wyandotte, and Douglas County, Kansas and Jackson, Clay, Cass, and Platte Counties in Missouri.

Expediated closing services may not be available when we are obtaining payoffs from third parties; however, we agree to begin the process of obtaining the payoff the same day and to close the transaction as soon as this information is received from the third party.

Additional Legal Services

Membership in the Guarded Pockets™ program provides access to a lawyer, answers to basic questions, and other services as set forth above.  It is not, however, an unlimited legal plan and many legal services will require the payment of additional fees.

All of RDRE’s legal services are billed on a flat-rate that is payable either entirely up-front or on a monthly basis.  So as to avoid any confusion or surprise bills, no additional legal services shall be performed until the fees are paid or the monthly payment plan is established and the first payment is made.

Any legal service being provided will include that service only and not additional services, which may require the payment of additional fees.

Unusual Use/Additional Charges

If any member’s use of the Guarded Pockets™ vastly exceeds that of other members, RDRE may require additional fees to be paid by said user; however, this is rare and will not apply to most members. If additional legal fees are required, the member will receive notification at least thirty (30) days prior to any increase in fees.

Changes

All prices, terms, and conditions of this program are subject to change upon thirty (30) days written notice to the members.