These Terms and Conditions of business (“Terms and Conditions”) explain the services available from Clear To Sell, LLP d/b/a cleartosell.com (“CTS”) and how you can use them. “Client” means the entity or individual that purchased the property at tax deed auction, their successor in interest, or the future buyer (as long as the buyer or the buyer’s representative is the entity or individual placing the order) of the tax deed property. “Agent” means any third party placing the order with CTS on behalf of and in lieu of the Client directly. Any reference in these Terms and Conditions to "you" or "your" means you, the Client and/or Agent, as applicable, within the scope of a user of CTS services.
By submitting an order individually or as an Agent at www.cleartosell.com or verbally with one of our employees, you accept that your relationship with CTS is governed by these Terms and Conditions. If you are submitting the order on behalf of a Client, you are hereby acknowledging and affirming your ability to bind the Client to these Terms and Conditions, and are agreeing to be bound by the Terms and Conditions as well. In the event of default of payment by the Client, the Agent submitting the order hereby agrees to be jointly and severally liable for all payments due hereunder. CTS hereby relies upon this acknowledgment in agreeing to provide its services.
CTS reserves the right to void and/or withhold the issuance of the Tax Deed Search Certificate (“Certification”)prior to a title insurance policy being issued in the event litigation is threatened or filed by any affected parties, and/or disclosure of any additional adverse information regarding the property that would increase the risk of challenge by an affected party. The CTS Certification is an in-house underwriting qualification process only, and is not an insurance product or title clearing product. It qualifies a tax deed property for title insurance through reputable program title underwriters who recognize our service, subject to other matters of record and exceptions stated in the Certification. Until a title insurance policy is requested and paid for by you and subsequently issued, you are uninsured against challenges to your ownership. The CTS Certificate is to be used for an owner’s policy. CTS Certificates may also be used for a lender’s policy, however for such a use, an owner’s policy is required as well.
CTS is not a law firm and does not provide legal services or provide legal opinions. No attorney-client relationship exists between you and CTS, or any of its representatives. You should contact your attorney to obtain any legal advice regarding these Terms and Conditions. The maximum liability of CTS and any of the CTS third-party vendors is equal to the cost of the Research Fee and Certification Fee. Neither CTS nor its third-party vendors will be liable for consequential damages, such as loss of profits or income.
You understand and confirm that no person or entity has notified you, or any representative of you, concerning a claim or potential claim that could result in any loss to CTS and/or its program title underwriters. You confirm you do not know, or have reason to know, of any person or entity that could make a claim that could result in any loss to CTS and/or its program title underwriters. You hereby confirm that the tax deed purchaser or successor in interest is in actual secure possession of the subject property.
The initial Research Fee of nine hundred and 00/100 dollars ($900.00) invoiced by CTS at the time you place an order is NONREFUNDABLE. By submitting an order, you understand and agree to pay all fees invoiced by CTS, and you affirm you have previewed and understand the CTS pricing schedule as shown on the CTS website at www.CleartoSell.com.
If client chooses to pay by credit card, an additional 2.9% surcharge will apply to any and all payments made, including the Research Fee, as well as the Certification Fee referenced below, if applicable. CTS also accepts payments in the form of checks and ACH bank transfers that will not incur the additional 2.9% surcharge. The surcharge on credit cards does not exceed the cost imposed on CTS for processing the credit card through its vendors.
In the event ANY refund is requested by the Client, it is up to the sole discretion of CTS if such refund shall be issued. Any refund of the $900 Research Fee issued will be subject to a $30 administrative fee, and any refund of a Certificate Fee issued will be subject to a $60 administrative fee. This fee shall apply regardless of the reason for the cancellation and/or refund requested.
CTS will perform due diligence research to confirm the Clerk of Court followed the required due process procedure at the time of the original sale of the tax deed property, governed by Florida Statute Chapter 197 and applicable Florida case law, in addition to related matters of ownership and encumbrances.
CTS strives to complete this research within twenty (20) business days after your payment of the initial Research Fee, confirmation of a properly vested tax deed that has been recorded and verified by the county clerk’s office, and confirmation of an approved closing agent. An approved closing agent is one that has been approved by one of CTS’s underwriting partners. If no closing agent has been selected, then it is the client’s responsibility to advise CTS of their underwriter preference within two (2) weeks of the Research Fee payment. If no preference has been relayed to CTS by the client by two (2) weeks from the Research Fee payment, CTS will determine the most suitable underwriter and the client will be required to close with an agent of that designated underwriting partner chosen by CTS. In addition, any insurability cap exceptions based on the specific underwriter must be submitted by the closing agent and approved by the underwriter (if applicable). The client hereby acknowledges the twenty (20) business day target does not begin until ALL of the foregoing requirements are met.
CTS does not guarantee the issuance of certification in each and every case. CTS will inform you if the research reveals grounds on which certification cannot be achieved. Additionally, CTS will notify you in the event we believe minimal curative action will allow for certification. These curative measures are not included in the twenty (20) business day research estimate, and they usually require the cooperation of one or more third parties. Nothing stated herein obligates CTS to provide these curative actions, which may or may not be performed by CTS at its sole discretion.
In the event the determination is made by CTS to certify the Tax Deed sale process for your property, the Certification Invoice with the balance Certification Fee is immediately due and payable. THIS IS NONNEGOTIABLE. Once the Certification Invoice is provided to you, you have twenty (20) business days from the date of the Certification Invoice to pay the remaining balance. If after twenty (20) business days, the Certification Invoice balance remains unpaid to CTS, CTS retains the right to seek collection for all amounts due, including attorney’s fees and costs incurred in seeking such collection, as well as to seek a lien against the subject property for Tax Deed Certification Services already rendered for the benefit of the property and you. At CTS’s sole discretion, CTS retains the right to initiate any legal proceedings for collection of the debt owed, inclusive of interest at the maximum rate allowed by law, attorney’s fees and costs. In the event of non-payment by the Client, if an Agent of that Client placed the order, that Agent is hereby jointly and severally liable for the payment due in full and may be named as a party in any legal proceedings, should CTS choose to proceed with an action.
In addition, twenty (20) business days after the date of the Certification Invoice, the Certification based on the prior services will no longer be available to you. You understand that due to the time lapse between the Certification Invoice and delayed payment, an updated Owner and Encumbrance Report and further research for the interim time will be required on the subject property to ensure no additional encumbrances exist. A Final Invoice inclusive of the resulting additional cost of three hundred fifty and 00/100 dollars ($350.00) will be invoiced to you and due immediately. Upon payment of the additional cost, the updated Ownership and Encumbrances Report will be requested and any additional research necessary will be performed. This is not a penalty fee, but rather a fee necessary for these required additional services; with delay of payment of the Certification Invoice you run the risk of a lesser outcome being determined based on the subsequent information.
The Tax Deed Search Certificate is valid for one (1) year from the Effective Date after which there will be no further obligation or liability to the Client by the Company unless, after the payment of all applicable fees and costs, the Company shall re-certify the Certificate by issuing a written endorsement extending its liability. The Effective Date is defined as the ending date of the Period Searched as listed on the Owner & Encumbrance Property Information Report.
CTS retains the right, at its sole discretion, to refuse to provide any renewal of an issued Certificate or of the providing of any future services to any client who is in breach of these Terms and Conditions, whether said breach is in regard to the subject Order or any other Order that has been placed with CTS. In addition, CTS reserves the right to terminate the services hereunder without any further liability to you for any for any conduct exhibited by you, not otherwise permitted by law, that CTS deems abusive, harassing, inappropriate or objectionable towards CTS or its staff.
In the event ownership of the property is transferred after the date the initial Research Fee is paid, but prior to the payment in full of the Certification Invoice, client agrees to advise Clear To Sell immediately. Client hereby acknowledges that any transfer of ownership does not negate the client’s responsibility for payment of the Certification Fee. Client remains jointly and severally liable for payment in full to CTS for the Certification Fee associated with this order regardless of when such transfer of ownership of the subject property occurs.
By payment of the Initial Research Fee associated with an order, you accept and agree to these Terms and Conditions. In the event you assign your rights to the Tax Deed Search Certificate, you and your assignee remain jointly and severally liable for payment in full to CTS for Certification Fee associated with this order regardless of when such assignment occurs.
Failure to comply with these Terms and Conditions will be considered a breach of contract, and result in the loss of all eligible discounts afforded to you by CTS. In the event of any litigation involving, related to or arising out of these Terms and Conditions or the services provided hereunder, the full amount of Certification without discount of one thousand eight hundred fifty and 00/100 dollars ($1850.00), and the additional cost of the delay as outlined above of three hundred fifty and 00/100 dollars ($350.00), will be due and payable, in addition to interest at the maximum rate allowed by law, attorney’s fees and costs. The parties agree that the venue for any such dispute shall be solely in the State Circuit and/or County courts of Palm Beach County, Florida. The prevailing party in any such litigation shall be entitled to the recovery of reasonable attorney's fees and costs incurred, including in any appeal. THE PARTIES EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY.
These Terms and Conditions and the other writings referred to herein or delivered pursuant hereto which form a part hereof contain the entire understanding of the parties hereto with respect to its subject matter. No oral or written representations were made by or among the parties that are not set forth herein.