Legal Disclaimer
Important Notice
Please read this Legal Disclaimer carefully before using the services of Brickstone Escrow Inc. or accessing our website. This disclaimer applies to all services, information, and content provided by Brickstone Escrow Inc. ("Brickstone Escrow," "we," "us," or "our").
Role as Neutral Third Party
Escrow Services
Brickstone Escrow Inc. acts solely as a neutral third party in real estate transactions. We do not represent the buyer, seller, lender, or any other party to the transaction. Our role is limited to following the written escrow instructions provided by the parties and holding funds and documents in trust until the conditions specified in those instructions are met.
No Fiduciary Duty
Except as expressly provided in written escrow instructions, Brickstone Escrow Inc. has no fiduciary duty to any party. We do not advocate for any party's interests, negotiate transaction terms, or provide advice on the merits or appropriateness of any transaction.
Following Instructions
We are obligated to follow the escrow instructions as written. We cannot make changes to escrow instructions without proper authorization from all necessary parties. We cannot act on verbal instructions or unauthorized amendments.
Not Professional Advice
No Legal Advice
Brickstone Escrow Inc. does not provide legal advice. We are not attorneys, and nothing we say or do should be construed as legal advice. The documents we prepare and the services we provide are administrative in nature.
If you have questions about:
- The legal effect of any document
- Your rights and obligations in a transaction
- Whether a transaction is in your best interest
- How to structure a transaction
- Legal implications of any decision
You must consult with a qualified attorney.
No Financial or Tax Advice
Brickstone Escrow Inc. does not provide financial, investment, or tax advice. We do not advise on:
- Whether a purchase price is fair or reasonable
- How to finance your transaction
- Tax implications of your transaction
- Investment strategy or financial planning
You should consult with qualified financial advisors, accountants, and tax professionals regarding these matters.
No Real Estate Advice
Brickstone Escrow Inc. does not provide real estate brokerage services or advice. We do not advise on:
- Property values or market conditions
- Whether to buy or sell a property
- Negotiating terms of a purchase agreement
- Property inspections or conditions
You should work with a licensed real estate agent or broker for such advice.
No Title Insurance Advice
While we work closely with title companies, Brickstone Escrow Inc. does not provide advice about title insurance coverage, exceptions, or claims. Questions about title should be directed to your title company or attorney.
Document Review and Verification
Administrative Review Only
While we carefully review all documents in your escrow for completeness and proper execution, we do not verify:
- The accuracy of information provided by parties
- The validity or enforceability of any agreement
- Whether parties have the authority to enter into the transaction
- The authenticity of signatures (unless we notarize them)
- The value or condition of any property
- Compliance with all applicable laws and regulations
Your Responsibility
You are responsible for:
- Reading and understanding all documents before signing
- Ensuring all information you provide is accurate and complete
- Verifying information provided by other parties
- Consulting with appropriate professionals about documents and transaction terms
- Meeting all deadlines and contingencies in your purchase agreement
Limitations and Disclaimers
No Guarantee of Outcome
We cannot guarantee:
- That your transaction will close
- That you will be satisfied with the outcome of your transaction
- That all parties will perform their obligations
- That no disputes will arise
- That you will achieve your desired financial or other objectives
Information Accuracy
While we strive for accuracy, we make no warranties regarding:
- The completeness or accuracy of information on our website
- The timeliness or currency of any information
- That our website will be error-free or uninterrupted
- That defects will be corrected
Information on our website is subject to change without notice.
Third-Party Information
We may rely on information provided by third parties, including but not limited to:
- Real estate agents and brokers
- Lenders and mortgage companies
- Title companies
- Home inspectors
- Appraisers
- Government agencies
- Buyers and sellers
We are not responsible for errors, omissions, or misrepresentations in third-party information.
Technology and Security
Electronic Communications
While we use reasonable security measures, we cannot guarantee that:
- Electronic communications are completely secure
- Electronic signatures cannot be forged or altered
- Unauthorized parties cannot intercept communications
- Systems will be free from viruses or other harmful components
Use electronic communications at your own risk. For highly sensitive information, consider using encrypted methods or in-person delivery.
Wire Fraud Warning
WIRE FRAUD IS REAL. Never wire funds based solely on emailed instructions, even if they appear to come from us. Cybercriminals may compromise email accounts and send fraudulent wiring instructions.
Always verify wiring instructions by calling us directly at (858) 436-7216 using a phone number you know is correct (not one provided in the email). Do not call numbers provided in suspicious emails.
Regulatory and Licensing
Licensed Escrow Company
Brickstone Escrow Inc. is an independent escrow company licensed by the Department of Financial Protection and Innovation under License Number 9631787.
Regulatory Compliance
We comply with all applicable federal and state laws and regulations, including but not limited to:
- California Financial Code
- Gramm-Leach-Bliley Act (GLBA)
- Bank Secrecy Act (BSA)
- Anti-Money Laundering (AML) regulations
- Office of Foreign Assets Control (OFAC) requirements
- California Consumer Privacy Act (CCPA)
Reporting Requirements
We are required to report certain transactions and activities to government agencies. We cannot provide advance notice of such reports.
Fees and Costs
Fee Disclosure
All escrow fees and charges will be disclosed to you in accordance with applicable law. Fees are subject to change and will be confirmed in your escrow instructions and closing statement.
Third-Party Costs
You may incur costs from third parties (title company, lender, government agencies, attorneys, etc.) that are not controlled by or paid to Brickstone Escrow Inc. We are not responsible for such third-party costs.
Dispute Resolution
Between Parties
Brickstone Escrow Inc. does not resolve disputes between parties to a transaction. If disputes arise regarding:
- Property condition
- Contractual obligations
- Purchase agreement terms
- Who is entitled to escrowed funds
You must resolve such disputes with the other parties, through negotiation, mediation, arbitration, or litigation as appropriate. We may be required to interplead escrowed funds or documents with a court if we receive conflicting demands.
Professional Guidance
If disputes arise, we strongly recommend that you consult with an attorney to protect your rights and interests.
Limitation of Liability
Standard of Care
Brickstone Escrow Inc. agrees to perform escrow services with reasonable care and in accordance with applicable laws and professional standards. However, to the fullest extent permitted by law:
- Our liability is limited to actual damages directly caused by our negligence or willful misconduct
- We are not liable for consequential, indirect, incidental, punitive, or special damages
- We are not liable for errors or omissions by third parties
- We are not liable for delays caused by circumstances beyond our reasonable control
Errors and Omissions Insurance
Brickstone Escrow Inc. maintains errors and omissions insurance in accordance with California law. However, such insurance may not cover all potential claims or damages.
Compliance with Law
Your Obligations
You are responsible for ensuring that your transaction complies with all applicable federal, state, and local laws, including but not limited to:
- Real estate transfer laws
- Tax laws
- Zoning and land use regulations
- Environmental regulations
- Disclosure requirements
- Fair housing laws
International Transactions
If your transaction involves parties or property outside the United States, additional laws and regulations may apply. You should consult with qualified professionals familiar with international transactions.
Changes to This Disclaimer
We reserve the right to modify this Legal Disclaimer at any time. Changes will be effective when posted on our website with a new "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified disclaimer.
Severability
If any provision of this Legal Disclaimer is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce anyprovision of this Legal Disclaimer does not constitute a waiver of that provision or any other provision.
Questions and Concerns
If you have questions about this Legal Disclaimer or about your specific escrow transaction, please contact us:
Brickstone Escrow Inc.
Address: 225 Plaza St Suite 103, Solana Beach, CA 92075
Phone: (858) 436-7216
Email: hello@brickstoneescrow.com
Hours: Monday - Friday: 9am - 5pm
Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:
- You have read and understood this Legal Disclaimer
- You understand that Brickstone Escrow Inc. acts as a neutral third party
- You understand that we do not provide legal, financial, tax, or real estate advice
- You will consult with appropriate professionals for advice on your transaction
- You accept the limitations and disclaimers stated herein
This Legal Disclaimer is part of our Terms of Service and should be read in conjunction with our Privacy Policy and other applicable policies.
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