TERMS AND CONDITIONS OF THE HOME OWNERSHIP PROGRAM
This agreement is between SCI, LLC (doing business as Home Sweet Home, hereinafter referred to as “HSH”) with the mailing address of:
8224 Manchester Rd. Suite 102, St. Louis, MO 63144
In consideration of client paying at least a deposit of $100, the client shall become enrolled in the Home Ownership Program.
Program Mission. To assist client with securing housing via the following options (or mix thereof): securing a traditional home loan through a fully accredited bank or mortgage lender or via private seller financing.
Payment Status, Work Status, Length of Time for Services. So long as the client makes payments on a punctual basis, HSH staff shall resume work on the client’s case file. However, if payments stop (temporarily or permanently) HSH shall halt all work on the client’s case file until such time client has brought payments current and/or has paid the HSH agreed upon rate in full. In the event the client needs more than 12 (twelve) months of service, then payments shall resume on a monthly or annual, mutually agreed upon rate.
Partial Services Offered. In the event Client has paid solely for credit assistance only or solely for housing assistance , then only those portions of this agreement shall apply as pertaining to HSH duties enumerated under this agreement.
HSH Duties Enumerated. The duties of Home Sweet Home (with the aid and assistance of client) shall be as follows:
Loan Officer and Real Estate Agent Appointment. Clients may secure the aid of a loan officer and real estate agent for the purposes of preparing for loan qualification and for locating affordable housing. Loan officer duties will be centered on advising Client how to best qualify for a specific type of loan that best fits the needs and limitations of the client. Real estate agent duties include consulting on finding and making offers on properties and the best way to address various issues associated with securing a property under contract. The client's loan officer or real estate agent must agree and able to work with HSH regarding the workings of the Home Ownership Program. HSH reserves the right to approve or disapprove of the use of any loan officer or real estate agent the client selects for any reason. HSH shall be responsible for selecting a loan officer or real estate agent for client unless client prefers to use another loan officer or real estate agent (provided said loan officer or real estate agent is approved by HSH).
Time Frame to obtain Housing. HSH makes no guarantee whatsoever on any time frames in regards to obtain housing.
Communication. It is critically important client returns all messages to HSH, their assigned loan officer, and real estate agent in as timely a manner as is possible. Failure to return messages may disqualify client from receiving any further assistance with regard to the Home Ownership Program and/or finding housing prior to getting home loan financing.
Housing. HSH shall advise client when to commence with a home search at the time of loan-ready status before referring client to a loan officer or real estate agent. HSH shall have the option if they see fit to coordinate housing placement with a qualified real estate agent. If client obtains housing before, upon or after enrollment in the Home Ownership Program, ALL HOUSING PAYMENTS MUST BE MADE ON TIME FOR 12-24 CONSECUTIVE MONTHS WITHOUT EXCEPTION. OTHERWISE, THE TIME FRAME FOR LOAN QUALIFICATION RESTARTS THE 12-24 MONTH TIME PERIOD. CLIENTS WHO ARE EVICTED (DURING OR PRIOR TO THIS PROCESS) MAY NOT QUALIFY FOR ANY TYPE OF RENTAL OR FINANCING UNDER THIS PROGRAM. CERTAIN EXCEPTIONS MAY APPLY.
Rental Credits, Down Payment, Grants or Charities Assistance. If a rent-to-own home is able to be located and placed under contract by client, HSH shall advise client's agent to incorporate a portion of the rent payment (called “rent credit”) to be applied toward purchasing the home as a method to help finance the down payment. Additionally, move-in costs for such rental may be able to also be applied as down payment funds to help assist in funding any contractually required down payment. Additionally, client is solely responsible for providing all down payment or move-in costs for any property chosen. Client is also encouraged to read the Down Payment/Rental Assistance materials provided as well as the fundraising techniques suggested therein.
Clients to Receive Housing Information and Advice. Clients shall receive information on down payment and rental assistance; rent-to-own homes and any other information useful for obtaining housing.
Credit Guidance. HSH representatives shall advise client on how to clear inaccurate and obsolete information from all 3 major credit reports. Additionally, HSH shall explain to client how to resolve accurate derogatory information and how to take the right steps to rectify said information. If assistance is needed in special cases, HSH shall advise client financially on completing any other special paperwork required to address special issues such as identity theft or forgery.
Re-establishing Credit. HSH shall advise client with attaining secured credit cards WHICH MUST BE PAID ON-TIME. Client is solely responsible to fund the security deposit of any card selected which required a security deposit to be made. Client is advised to avoid carrying balances greater than 30% of the credit line (which is key to maintaining optimal credit scores).
Clients to Receive Advice on Credit management, Credit Restoration and Credit Re-establishment. Clients shall be guided, advised and educated with regard to personal information and derogatory credit accounts contained on Client credit reports. Issues deal with disputation of derogatory credit (accurate or inaccurate), re-establishing credit and making settlement agreements - as may be beneficial to client - which includes language to erase settled debts from client credit reports.
House Listings. A designated real estate agent may, at the agent's sole discretion regarding timing, send client house listings on a regularly recurring basis.
Non-Defamation. Each party hereto hereby undertakes not to cause any harm to the other party’s reputation in the market and not to make, whether directly or indirectly (including through any of its affiliates, officers, employees or directors), any negative or disparaging remarks about such party or any of its affiliates, officers, employees, directors (in each case, in their capacities as such), products, services or business practices.
Guarantee Policy. Although Home Sweet Home is not a credit repair organization as defined under the Credit Repair Organizations Act. Additionally, Home Sweet Home makes no guarantees regarding real estate, credit mitigation and management, or legal services. For example, in matters of law, an attorney could never guarantee a client a judge or jury will rule in their client’s favor. Likewise, no lender or real estate agent can legally guarantee a client a loan approval or acceptance of a housing contract. Offering such a guarantee would be highly unethical. Therefore, Home Sweet Home cannot and shall not offer a guarantee (implied or express) of success as there are too many variables outside the control of Home Sweet Home. Individual results vary from case-to-case depending on employment, income, health and several other extraneous factors.
Credit Guarantee Policy. Home Sweet Home does not and shall not make any guarantee with regard to credit or results of the Home Ownership Program. Home Sweet Home makes the following statement to client: Any credit repair company that guarantees success with regard to certain results is not being honest. Home Sweet Home further states that it is important for client to be wary of any credit repair company that guarantees "good credit in 30-60-90 or even 120 days" or promises to “raise your credit score by such-and-such amount”. Not only is it unethical (but also illegal) to guarantee results for credit repair services or advisory services. Furthermore, it is also impossible to predict the actions of client creditors or those of credit bureaus.
Cancellation Policy. If client decides to cancel, client may do so by submitting a written statement of cancellation in order to discontinue Home Ownership Program installment plan. Cancellation of the Home Ownership Program after services are rendered, full or in part, may be eligible to a refund pursuant to the “Refund-Money Money Back Guarantee Policy ”. Any unwarranted attempts by a client to secure a refund - especially after services have been rendered, in full or in part, shall be rejected by Home Sweet Home management. Home Sweet Home does not offer its services free of charge.
Refund-Money Back Guarantee Policy. HSH does offer a Refund-Money Back Guarantee in the event where no improvement in credit has occurred with regard to the client’s credit within 6 months. “Improvement” is defined as the deletion of obsolete personal information; deletion of derogatory financial information; the establishment of new lines of credit (such as credit card accounts); and/or the positive increase in any of the 3 credit scores. Derogatory information added to client’s credit report (after the client is enrolled) is the responsibility of client and is not an eligible reason for a refund. Also, if client does not follow our instructions or answer HSH staff questions in order to move forward and make progress on client's file, then they are not eligible for a refund.
Time is of the Essence. Client must perform all tasks mandated by all interested parties (especially those required by a lender) by such time as is expected under the provisions of the Home Ownership Program. The Home Ownership Program services lasts to the next anniversary date of client's enrollment.
Binding Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Saint Louis, Missouri. Missouri law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Severability. If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this agreement.
Governing Law. This agreement shall be governed by the laws of the state of Missouri.