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| - Toured a home listed by Opendoor and my wife and I liked the house. We thought about buying it but the contract gave me pause. I'm a lawyer so I read everything. Addendum 1 made me feel that Opendoor was attempting to remove protections afforded to home-buyers in Texas. Indeed, they incorporate by reference for all purposes their terms which are not located in the paper given to me - instead, I had to go pull those off the website. Opendoor states that a buyer waives implied warranties like those of habitability or the workmanship of any repairs performed.
Opendoor incorporates a term that the buyer is agreeing it did not rely on any representation, brochure, rendering, promise, statement or other assertion or information with respect to the property made or furnished by "Seller" (defined as a subsidiary of Opendoor Labs, Inc.) or any of Seller's agents, employees or representatives, where they disclaim any such reliance.
Further, Opendoor incorporates a term that the buyer disclaims the existence of any duty to disclose on the part of "Seller."
So Opendoor wants me to disclaim any duty owed by Opendoor to let me know if the property has foundation issues if known to Opendoor? Why would I do that?
In short, the fact that these provisions are simply "incorporated by reference" led me not to want to have anything to do with this company.
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