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Buyers Terms & Conditions
This document extracts key terms from the full Terms and Conditions that apply specifically to Users acting as Buyers or submitting Bids.
1. Introduction and Definitions (Buyer Context)
1.1 Acceptance of Terms
By accessing or using the Platform, you agree to be bound by these Terms.
ATTENTION: RealtyBidders.com is not a licensed real estate brokerage, agent, or lawyer. The Platform provides technology and administrative tools only. All offers, bids, contracts, and legal obligations are solely between the Buyer and the Seller.
1.2 Buyer Registration and Identity Disclosure
All Users registering an account as a Buyer are required to disclose their identity and provide accurate, fundamental contact information necessary for transaction processing and communication. This mandatory basic account information includes, but is not limited to: Full Legal Name, Valid Email Address, and Current Phone Number. This disclosure is required upon initial account registration to qualify for bidding and offer submission.
1.3 Key Definitions
| Term | Definition |
| Buyer | A registered user who plans to purchase real estate, registered as either Represented (with an Agent) or Unrepresented (SRP - self represented party). |
| Digital Offer | An ”Intent to Offer” or a ”Non-Binding Proposal” submitted digitally through the Platform. The legally binding contract is only formed upon acceptance and the signing of the formal written Agreement of Purchase and Sale (APS) by both parties. |
| Bid | A publicly disclosed offer (Intent to Offer) to purchase a property submitted electronically through the Platform’s transparent sales method. |
| Total Offer Price | The specific monetary value a prospective buyer pays, including the offer price, taxes, commissions, and platform fees, as detailed in the final invoice/cart. |
2. PropTech Transaction Specifics
2.1 Platform Role and Service Limitations
The Platform is a technology service provider only. We DO NOT provide real estate, legal, or financial advice, nor do we owe any fiduciary or agency duty to any User.
2.2 Legal Nature of Digital Offer/Bid
THE DIGITAL OFFER/BID IS NON-BINDING UNTIL FORMAL EXECUTION.
A Digital Offer or Bid is an ”Intent to Offer”. A legally binding contract for the purchase and sale of real estate is only formed after the digital submission is accepted, followed by the signing of the formal written documents (the Agreement of Purchase and Sale), and the required payments are successfully paid.
Good Faith Requirement: All Users must ensure their Bid is genuine and made in good faith. The submission of fraudulent or malicious bids is strictly prohibited.
2.3 Transparent Bidding (Consent to Disclosure)
If a Seller uses the Transparent Bidding feature, BY SUBMITTING A BID, THE BUYER CONSENTS TO THE DISCLOSURE OF:
- Offer Price (The monetary amount of the bid).
- Selected Terms/Conditions (e.g., closing date, deposit amount, and standard conditions).
- The Number of Competing Offers/Bids.
The Platform will NOT disclose the Buyer’s name or personal identifying information.
2.4 Accepted Bids Financial Terms (Path B: Online Public Bidding)
For properties sold through the online public bidding process (Path B), the Total Purchase Price is the aggregate of the Purchaser’s Deposit and the Balance of the Purchase Price paid upon closing. The Platform requires a separate Platform Transaction Fee which serves as a mechanism to qualify the Buyer and finalize the digital acceptance phase. This fee is paid to RealtyBidders.com and, upon successful payment, the property is delisted from the Platform, allowing the parties to proceed to the formal written Agreement of Purchase and Sale (APS).
2.4.1 Platform Transaction Fee (Processing Fee Paid by Buyer to RealtyBidders.com)
This required processing fee is paid to RealtyBidders.com immediately upon the Seller’s digital acceptance of the Bid. The Buyer pays a Platform Transaction Fee of $1500.00 + HST. The completion of this payment signifies the close of the online bidding and enables the Listing Agent to prepare the formal APS.
- Refundability: This fee is refundable if the property sale fails to close, minus a $100.00 + HST service and handling fee. However, the entire fee is non-refundable if the Buyer is declared in breach of the final Agreement of Purchase and Sale (APS) contract.
2.4.2 Purchaser’s Deposit (To Listing Brokerage Trust Account)
The traditional Purchaser’s Deposit (the amount specified in the accepted Bid and formalized in the APS) must be paid to the Listing Brokerage and held in their trust account within 24 hours of signing the formal APS. This deposit contributes to the Total Purchase Price.
2.4.3 Buyer Agent Commissions (If Applicable)
Buyer Agent commissions are not part of the Platform Transaction Fee. The Buyer is responsible for paying their own Agent/Brokerage according to their independent commission agreement (e.g., OREA Form 371). Buyer Agent commissions are invoiced directly to and paid by the Buyer
2.5 Digital Offer Submission (Path A: Traditional Offer Process)
When submitting an offer via the Digital Offer Form (Path A), the Buyer submits their desired offer information using a simple pop-up interface.
2.5.1 Offer Inputs
The Buyer will input the following required terms, which are then transmitted to the Listing Agent:
- Offer Price
- Irrevocable Date/Time (The deadline for the Seller to respond)
- Deposit Amount
- Closing Date
- Standard Conditions: The Buyer may select up to four standard protective conditions, including: Financing, Insurance, Home Inspection, and (for condominium properties) Review of Condo Financial Documents.
2.5.2 Financial Structure (Buyer Perspective) and Contract Generation
In Path A, the financial transaction follows the traditional real estate structure: the Total Purchase Price is composed of the Purchaser’s Deposit and the Balance of the Purchase Price.
- Contract Generation: Upon digital submission, the terms provided by the Buyer are autoloaded into the standard Agreement of Purchase and Sale (APS), typically Form 100 or 101. The Platform then emails the generated APS to the Buyer Agent to finalize the documents for traditional signing by the Buyer.
- Commissions: The commission offered to the cooperating Buyer Agent is as specified in the MLS listing Seller’s Offer of Co-operation and Compensation. This structure is formalized within the Agreement of Purchase and Sale (APS).
- For Unrepresented Buyers (SRPs): If a Buyer is unrepresented, RealtyBidders.com will assign a licensed agent at no cost to facilitate the transaction. Upon successful closing, the unrepresented Buyer will receive a rebate equivalent to 25% of the Buyer Agent commission paid by the Seller. This rebate may be taken as a cash payment or a credit applied against the final purchase price upon closing (processed by the closing lawyer).
- IMPORTANT TAX NOTE: The rebate calculation excludes any applicable taxes (e.g., HST/GST) paid for services. Buyers acknowledge that this cash rebate or credit may impact their personal income tax liability and are strongly advised to seek independent, professional tax advice.
- Platform Fee: The Buyer does not pay a Platform Transaction Fee directly to RealtyBidders.com for submitting a Digital Offer (Path A). Any platform fees associated with receiving the Digital Offer are paid by the Listing Agent (Seller’s Agent) to the Platform, as defined in the Agent Terms of Service.
2.4 Accepted Bids Financial Terms (Path B: Online Public Bidding)
For properties sold through the online public bidding process (Path B), the Total Purchase Price is the aggregate of the Purchaser’s Deposit and the Balance of the Purchase Price paid upon closing. The Platform requires a separate Platform Transaction Fee which serves as a mechanism to qualify the Buyer and finalize the digital acceptance phase. This fee is paid to RealtyBidders.com and, upon successful payment, the property is delisted from the Platform, allowing the parties to proceed to the formal written Agreement of Purchase and Sale (APS).
3. Disclosure and Sharing of Data
3.1 Third-Party Disclosure
We do not sell, trade, or otherwise transfer your Personal Information to outside parties unless we provide users with advance notice, as required by law. Exceptions include:
- Service Providers: Website hosting partners, payment processors, and other parties who assist us in operating our website, conducting our business, or serving our users, provided those parties agree to keep the information confidential.
- Non-Identifiable Data: Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
3.2 Real Estate Listing Data (DDF)
Our Platform uses the REALTOR®.ca Data Distribution Facility (DDF®) to access and display listing content.
- Compliance: Accessing and displaying DDF data is subject to the DDF Policy and Rules (Last updated December 2024), including strict presentation and image referencing specifications.
- Attribution: We include necessary attributions, including: ©The Canadian Real Estate Association (CREA) 2025. The trademarks MLS®, Multiple Listing Service®, REALTOR®, REALTORS®, and DDF® are owned by CREA.
3.3 Embedded Content and Third-Party Links
Bidding properties and DDF listings may include embedded content (e.g., videos, images) from other websites. These external websites behave as if you visited them directly and may collect data about you, use cookies, or track your interaction if you are logged in to that specific external site. We have no responsibility or liability for the content and activities of these linked sites.
3.4 Legal Disclosure
We may disclose your Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency) where we believe such action is necessary to:
- Comply with a legal obligation.
- Protect and defend the rights or property of Realty Bidders Inc.
- Prevent or investigate possible wrongdoing in connection with the Platform.
- Protect the personal safety of users or the public.
4. Data Security and Retention
4.1 Security Measures
We implement a variety of security measures to maintain the safety of your Personal Information, including:
- Regular scanning for security holes and known vulnerabilities.
- Personal Information is contained behind secured networks, accessible only by a limited number of persons with special access rights.
- All sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
- All payment transactions are processed through third-party financial institutions and gateway providers and are not stored or processed on our servers.
4.2 Data Retention and Storage
If you register or make a bid, your user profile and associated metadata (such as bidding history) are retained indefinitely. This is necessary to recognize and approve follow-up bids and access the complete bidding history for each property.
4.3 Data Breach Response
In order to be in line with Fair Information Practices, we will take the following responsive action should a data breach occur:
- We will notify the users via email within 1 business day of confirmation of receipt.
- We will notify the users via in-site notification within 1 business day of confirmation of receipt.
We also agree to the Individual Redress Principle.
5. Your Privacy Rights and Compliance
5.1 Your Rights Over Your Data
If you have an account or have made bids on this Platform, you have the right to:
- Access and Portability: Request to receive an exported file of the Personal Information we hold about you.
- Rectification: See and edit your personal information at any time (except username) through your customer profile.
- Erasure (”Right to Delete”): Request that we erase any Personal Information we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
5.2 Canadian (PIPEDA) Compliance
As we operate in Canada, our practices are guided by PIPEDA. You have the right to challenge our compliance with this policy.
5.3 US Privacy Rights (CCPA and CalOPPA)
5.3.1 California Consumer Privacy Act (CCPA) Notice
This section applies to California residents:
- Right to Know: You may request that we disclose what Personal Information we have collected,
used, shared, or sold about you, and why. - Right to Delete: You may request that we delete Personal Information about you, subject to certain legal exceptions.
- Right to Opt-Out: We do not sell personal information as defined by the CCPA. We do share information with service providers as noted in this policy.
- Right to Non-Discrimination: We will not deny goods or services or provide a different level or quality of goods or services because you exercised your CCPA rights.
5.3.2 CalOPPA Compliance
- Our Privacy Policy link includes the word ’Privacy’ and is easily found on our homepage.
- Users will be notified of any privacy policy changes on the Privacy Policy Page.
- Users can visit our site anonymously
5.4 Children Online Privacy Protection Act (COPPA)
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and are aware that your child has provided us with Personal Information, please contact us immediately so we may take steps to remove that information.
5.5 CAN-SPAM Act Compliance
We comply with the CAN-SPAM Act by agreeing to:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business headquarters.
- Honor opt-out/unsubscribe requests quickly via a link at the bottom of each email.
6. Contacting Us
If there are any questions regarding this privacy policy or if you wish to exercise your rights over your data, you may contact us using the information below:
Realty Bidders Inc.
PO BOX 581
Station Main
Stittsville, Ontario, K2S 1A7
Email: info@realtybidders.com