Terms of Service
Effective date: [Date]. Last updated: [Date].
These Terms of Service ("Terms") govern your use of the Recourse website and services provided by Blue Mar Real Estate Group, Inc., a Florida corporation ("Blue Mar," "we," "our," or "us"). By using the Service, you agree to these Terms.
On this page
- About the Service
- Scope of services
- What we don't do
- Eligibility
- Account responsibilities
- No fees to homeowners
- Communications and consent
- Intellectual property
- Disclaimers
- Limitation of liability
- Indemnification
- Governing law
- Dispute resolution
- Changes to Terms
- Contact us
About the Service
Recourse is a short sale practice operating as a service of Blue Mar Real Estate Group, Inc., a Florida-licensed real estate brokerage (Florida License #CQ1018554). We provide real estate brokerage services to Florida homeowners selling residential property through short sale.
Scope of services
When you engage Recourse, we provide:
- Identification of your mortgage servicer and case status (where available from public records)
- A portal for managing your case
- Preparation of the short sale package
- Communication with your mortgage servicer about your short sale
- Marketing and listing of your property
- Negotiation of short sale terms with your lender
- Coordination of closing
The specific scope of services for any individual engagement is governed by the listing agreement and related documents executed between you and Blue Mar Real Estate Group, Inc.
What we don't do
For clarity, Recourse does not provide:
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Legal advice. We are not attorneys. If your situation requires legal analysis, we will refer you to a Florida-licensed attorney or to HUD-approved housing counseling resources.
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Loan modification services. Modifications are between you and your mortgage servicer (or you and a HUD-approved housing counselor). We do not process modifications.
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Tax advice. Short sales may have tax consequences. We will not provide tax advice. Consult a qualified tax professional for advice specific to your situation.
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Financial planning. We do not provide investment advice, retirement planning, or other financial planning services.
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Foreclosure defense. We do not represent you in court or provide legal defense of foreclosure cases.
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Bankruptcy counsel. We do not advise on bankruptcy or related matters.
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Buyer representation in short sale transactions. We represent the homeowner-seller. We do not represent buyers of short sale properties.
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Real estate brokerage outside Florida. We are licensed in Florida only.
Eligibility
To use the Service, you must:
- Be at least 18 years old
- Be the legal owner of the property (or have authority to act on behalf of the owner)
- Provide accurate information about yourself and your situation
- Use the Service in compliance with applicable law
If multiple parties are listed on the property deed, all owners must participate for short sale work to proceed.
Account responsibilities
If you create an account on the Service:
- You're responsible for the security of your account credentials
- You're responsible for activities under your account
- You must notify us promptly of any unauthorized access
- You must provide accurate and current information
- You must not impersonate another person or entity
We may suspend or terminate accounts for violations of these Terms or for any reason at our discretion.
No fees to homeowners
Recourse is paid by the lender at closing through standard real estate commission structure, not by you. You pay no upfront fee, no retainer, no consultation fee, no portal access fee, and no fee at closing.
If a short sale does not close — for any reason, including lender denial, your acceptance of a modification, your decision to stop the process, or any other reason — we are not paid.
This compensation structure is governed by the listing agreement and applicable Florida real estate law.
You may incur costs unrelated to our services during the process — moving expenses, continued utility payments, property maintenance, attorney fees if you separately engage an attorney, tax preparation fees if you engage a tax professional. These costs are your responsibility.
Communications and consent
When you provide your contact information, you consent to receive communications from us related to:
- Your case status and progress
- Document requests and reviews
- Schedule coordination
- Service announcements relevant to your case
We do not send marketing or promotional communications to active clients. You may opt out of non-essential communications at any time.
For phone and text communications, standard message and data rates may apply through your carrier.
For email communications, we use commercially reasonable means to ensure deliverability and security.
Intellectual property
All content on the Service — including text, graphics, logos, photographs, software, and other materials — is owned by Blue Mar Real Estate Group, Inc. or its licensors and is protected by United States and international intellectual property law.
You may:
- View content for personal, non-commercial use
- Share links to specific pages
- Quote brief portions with attribution
You may not:
- Copy, reproduce, or redistribute content for commercial purposes
- Use content in derivative works
- Use Blue Mar or Recourse trademarks without authorization
- Scrape, harvest, or systematically extract content
- Use content to train AI models or other automated systems without express written permission
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant:
- That the Service will be uninterrupted or error-free
- That defects will be corrected
- That data displayed will be accurate or complete (we use public records and third-party data that may contain errors)
- That short sale or any other outcome will be achieved
Short sale outcomes depend on lender approval, investor guidelines, market conditions, and many other factors outside our control. We do not guarantee any particular outcome.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
In no event shall Blue Mar Real Estate Group, Inc., its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use of or inability to use the Service
- Any unauthorized access to or use of our servers or any personal information stored therein
- Any interruption or cessation of transmission to or from the Service
- Any bugs, viruses, or similar that may be transmitted to or through the Service
- Any errors or omissions in any content
In no event shall our aggregate liability for any claims relating to the Service exceed the amount you have paid us in the twelve months preceding the claim, or $100, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The limitations in this section do not limit our liability for our intentional misconduct or gross negligence, nor do they limit liability that cannot be limited by applicable law.
Indemnification
You agree to indemnify and hold harmless Blue Mar Real Estate Group, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of any third party
- Your provision of false or misleading information to us
Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Service is intended for Florida residents and Florida real estate; use elsewhere may not be appropriate.
Dispute resolution
For disputes arising from or relating to the Service or these Terms, the following process applies:
Informal resolution. We strongly prefer to resolve issues directly. Contact us first; we'll work to resolve concerns promptly.
Mediation. If informal resolution doesn't work, disputes may be submitted to mediation through a Florida-based mediation service.
Real estate transaction disputes. Disputes specifically about real estate transactions are governed by the listing agreement and applicable Florida real estate law. The Florida Real Estate Commission has procedures for certain regulatory complaints.
Court. Disputes that cannot be resolved through other means may be brought in a court of competent jurisdiction in Miami-Dade County, Florida.
No class action. To the extent permitted by law, disputes must be brought individually, not as a class action or class arbitration.
These dispute resolution provisions do not limit your right to file a complaint with applicable regulatory authorities (Florida Department of Business and Professional Regulation, Florida Real Estate Commission, Consumer Financial Protection Bureau, etc.).
Changes to Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by email. Continued use of the Service after changes constitutes acceptance of the updated Terms. The "Last updated" date at the top of these Terms reflects the most recent revision.
Contact us
Questions about these Terms:
Email: legal@recoursefl.com
Mail: Blue Mar Real Estate Group, Inc. [Brokerage business address]
Phone: [Phone number]
Blue Mar Real Estate Group, Inc. Licensed Florida Real Estate Broker | License #CQ1018554 Equal Housing Opportunity
© [Year] Blue Mar Real Estate Group, Inc. All rights reserved.
Implementation note: These terms of service should be reviewed by the operational attorney before publication. Specific provisions related to Florida real estate licensing law, the listing agreement framework, and Florida-specific consumer protection requirements should be verified for current compliance. The dispute resolution provisions should be reviewed in particular for enforceability under Florida law.
Equal Housing Opportunity. We are not attorneys and do not provide legal advice. Modifications are decided by your servicer based on investor guidelines and your specific financial situation. We cannot guarantee any particular outcome.
Blue Mar Real Estate Group, Inc. | Licensed Florida Real Estate Brokerage License | License #CQ1018554.