House Owl – Terms & Conditions

What these Terms cover

These Terms and Conditions apply to two kinds of services from House Owl: (a) document reviews for real estate transactions (“Document Reviews”), and (b) training sessions for real estate agents, teams, and offices, held in person or online (“Training”). In these Terms, “Services” means both. “Client” means the agent, team, or office that books a Service with House Owl.

When a section applies to only one kind of Service, it says so. If it doesn’t say, it applies to both.

1. No Legal Representation or Advice

House Owl is not a law firm and does not provide legal advice or legal services. Any information, review, training, training material, or explanation provided by House Owl is for informational and general educational purposes only and should not be relied upon as legal counsel. Training covers general topics. It is not advice about your specific transaction, client, or legal question. You are encouraged to consult a qualified real estate attorney for legal questions or concerns.

2. No Agency Relationship

House Owl is not acting in the capacity of a real estate agent or broker, nor are we representing any party in any transaction. Our services, including Training, do not create, imply, or establish any form of agency, fiduciary duty, or representation on behalf of any buyer, seller, or other party. Booking or attending Training does not make House Owl your agent, broker, or representative.

3. Scope of Services

(a) Document Reviews. House Owl’s role is limited to reviewing transaction documents and disclosures for completeness and clarity, and to provide general, non-legal guidance to assist in the transaction process. House Owl does not negotiate terms, draft contracts, or provide legal interpretations of law.

(b) Training. House Owl also offers Training: general educational sessions for real estate agents, teams, and offices. Sessions run 30 to 45 minutes. In-person Training is currently offered in seven Southern California counties: San Diego, Imperial, Riverside, San Bernardino, Orange, Los Angeles, and Ventura. Online Training is held over Zoom and is booked on request. Training is general education only. It is not legal advice and is not a review of any specific transaction, and House Owl does not negotiate terms, draft contracts, or provide legal interpretations of law during Training.

(c) What House Owl is not. House Owl is not a law firm, is not a real estate agent or broker, and is not a home inspector. House Owl does not perform property inspections.

(d) No guarantees. Neither a Document Review nor a Training session guarantees any particular result, including the outcome of a transaction, freedom from claims or disputes, or compliance with any law, regulation, or brokerage policy.

(e) No continuing education credit unless stated. Training does not provide California Department of Real Estate (DRE) continuing education credit unless House Owl states in writing, for a specific session, that the course is DRE-approved.

4. Invoices & Payment Terms

(a) Document Reviews. The Document Review fee is the price confirmed at engagement. All Document Review invoices are due and payable at the close of escrow for the transaction in which services were provided. House Owl reserves the right to invoice for work performed on a Document Review even if escrow does not close or the review is canceled. Currently, House Owl does not charge for a Document Review when escrow does not close. House Owl may change this practice for future engagements by updating these Terms. Any change applies only to Document Reviews booked after the updated Terms are posted, and will not apply to any review already booked or in progress. Payment for a Document Review is due at the close of escrow.

If the agent does not have the proper paperwork filed with escrow to ensure payment to House Owl through escrow, the agent is personally responsible for full payment of the invoice. Invoices not paid within 30 days of closing may be subject to additional collection fees and interest.

(b) Training is not paid through escrow. Section 4(a) does not apply to Training.

(c) Training fees. Small team (up to 15 agents): $395 flat. Larger office, or a deeper single-topic session: $595 flat. The fee is the same whether the session is online or in person.

(d) Training invoices and due date. Once a session is booked, House Owl sends the Training invoice in advance. Payment is due at the time of service, which means the invoice due date is the session date. Payment is made by check, wire transfer, or Zelle, using the payment details on the House Owl invoice.

No deposit is required for Training at this time. House Owl may change this for future bookings by updating these Terms. Any change applies only to sessions booked after the updated Terms are posted.

(e) Travel fee (in-person Training only). Distance is the one-way driving distance shown by Google Maps from House Owl’s home base in Surprise, Arizona, to the session location. More than 100 miles, up to and including 250 miles: $100. More than 250 miles, up to and including 500 miles: $250. Any travel fee is included on the same advance Training invoice. Online Training has no travel fee.

5. Cancellation Policy

(a) Document Reviews. If document review services are canceled prior to completion, House Owl reserves the right to invoice for any work performed up to the time of cancellation. The same escrow terms as Section 4(a) apply: House Owl reserves the right to invoice for work performed on a Document Review even if escrow does not close or the review is canceled. Currently, House Owl does not charge for a Document Review when escrow does not close. House Owl may change this practice for future engagements by updating these Terms. Any change applies only to Document Reviews booked after the updated Terms are posted, and will not apply to any review already booked or in progress. Payment for a Document Review is due at the close of escrow.

(b) Training – cancellation and rescheduling.

(1) In-person Training – cancellation fees. These fees apply to every in-person session, whatever the distance. If the Client cancels less than 48 hours before the session’s scheduled start time, the cancellation fee is 50% of the session price plus any non-refundable travel costs (hotel and/or airfare) House Owl has already incurred for the session, at actual cost. If the Client cancels on the day of the session, or doesn’t show up, the cancellation fee is 100% of the session price plus any non-refundable travel costs (hotel and/or airfare), at actual cost. “Session price” means the Training fee under Section 4(c).

(2) How a cancellation fee is billed. No deposit is required (see Section 4(d)), and payment for Training is due at the time of service. If a session is canceled, the advance invoice for that session is canceled, and any cancellation fee is invoiced after the cancellation and is due within 10 days of the invoice date.

(3) Online Training. There is no cancellation fee for online (virtual) Training at this time, at any time before the session and regardless of notice. House Owl may change this for future bookings by updating these Terms. Any change applies only to sessions booked after the updated Terms are posted.

(4) If House Owl cancels. If House Owl cancels a session, the Client owes nothing for that session and the advance invoice for it is voided. Any amount already paid for that session will be returned.

(5) Rescheduling. If either the Client or House Owl needs to move a session, both will make reasonable, good-faith efforts to find a new date that works. This is a shared effort, not a guarantee that a new date will be available. The Client may reschedule a session once without a cancellation fee if it is rebooked for a date within 60 days of the original session date. This free reschedule is available even when requested less than 48 hours before the start. However, if airfare or hotel already booked for the session can’t be changed without penalty, the Client pays those change fees or non-refundable costs, at actual cost. A second reschedule, or a rebooking for a date more than 60 days after the original session date, is treated as a cancellation under Section 5(b)(1).

6. Limitation of Liability

To the maximum extent permitted by law, House Owl’s liability shall be limited to the total amount paid for the services rendered on the specific transaction, or for the specific Training session, that gives rise to the claim. House Owl shall not be liable for any indirect, incidental, or consequential damages arising out of the use of its services, including Training.

7. Indemnification

Each party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other party (the “Indemnified Party”), including their respective owners, employees, contractors, affiliates, agents, and brokerages, from and against any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

•  For indemnity owed by the Client to House Owl: (i) the Client’s actions or omissions in the real estate transaction (for a Document Review) or in any real estate transaction (for Training), (ii) the Client’s reliance on information or recommendations provided by House Owl, including in Training or training materials, or (iii) any breach of these Terms and Conditions by the Client.

•  For indemnity owed by House Owl to the Client (Document Reviews only): (i) House Owl’s negligence, errors, or omissions in performing a document review under this agreement, or (ii) any breach of these Terms and Conditions by House Owl in connection with a Document Review.

House Owl does not indemnify, defend, or hold harmless the Client or anyone else for Training. Training is general education, not legal advice (see Sections 1 and 3(b)). Any House Owl liability for a Training session is limited as stated in Section 6.

House Owl carries its own independent errors and omissions (E&O) insurance for its Document Review services, so our document review work is backed by our own coverage, separate from your brokerage’s. That coverage is professional liability (errors and omissions) insurance written on a claims-made basis, with limits of $1,000,000 per claim and $1,000,000 in the aggregate. This E&O policy covers Document Reviews only. It does not cover Training. House Owl agrees to notify the Client promptly of any material changes to this coverage and to provide, upon request, a certificate of insurance evidencing such coverage.

This indemnification obligation shall survive the completion of services and/or termination of this agreement.

8. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms and Conditions shall be resolved in the appropriate courts located within the State of California.

9. Acknowledgment & Acceptance

By booking a Document Review or Training session with House Owl, or by attending a Training session, you acknowledge that you have read, understood, and agree to these Terms and Conditions. You further acknowledge your understanding that House Owl is not providing legal representation, agency services, or home inspection services of any kind.

10. Recording of Walkthroughs and Training Sessions

(a) Notice and consent. House Owl records its Zoom calls. Zoom shows an automatic notice to everyone who joins that the call is recorded. Anyone who does not want to be recorded must say so or leave the call. House Owl does not record in-person Training sessions. Clients and attendees may not record a walkthrough or Training session without House Owl’s permission and the agreement of everyone present.

(b) Document Review walkthroughs. House Owl may record document review walkthrough conversations, subject to Section 10(a).

(c) Training sessions. Recording a Training session is optional. If a Training session is recorded, the notice rules in Section 10(a) apply.

(d) Keeping recordings. House Owl retains a recorded document review walkthrough for seven (7) years from the close of escrow for that transaction. If escrow does not close, it is retained for seven (7) years from the date of the recording. A recorded Training session is retained for seven (7) years from the date of the recording.

(e) Copies on request. A recording of a Client’s own document review walkthrough or Training session is available to that Client on request while House Owl keeps it under Section 10(d).

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Jason@myhouseowl.com