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Terms of Service

Welcome to Opendoor! Your use of our websites (such as “www.opendoor.com”), apps, and services, and access to our properties (collectively, “Services”) is governed by these Terms. (We refer to our properties as “Opendoor Homes,” but this doesn’t just refer to buildings; it refers to any real property, including land.) Please review these Terms carefully: they contain important provisions that change your ability to bring a lawsuit against us, including warranty and liability disclaimers (Section 1.2), and a Dispute Resolution and Arbitration Provision (Section 1.9) in which both you and we, Opendoor, give up our rights to bring a lawsuit in court or in class actions of any kind. You have the right to opt out of the arbitration agreement (see Section 1.9.9). Please be sure to also review our Privacy Policy, which is incorporated and made a part of these Terms. By using our Services, you agree to be bound by these Terms, forming a contractual relationship between you and Opendoor.

“Opendoor” refers to Opendoor Labs Inc., its affiliated companies, their predecessors, successors, and assigns, and all of the respective officers, directors, employees, and agents of any of these entities.

We may modify these Terms from time to time and will post the updated agreement at www.opendoor.com/terms. You will be deemed to have accepted these Terms as updated if you continue to use our Services after any updates are posted. However, if we materially change the Dispute Resolution and Arbitration Provision below in the future, that change may not apply to any litigation or arbitration between us that was commenced prior to the effective date of the change.

1. General Terms

1.1 Using Our Services

1.1.1 General Requirements

You agree to abide by all local, state, national, and international laws and regulations in your use of our Services.

Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not meet these criteria, you must immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.

1.1.2 Registered Users

We reserve the right to restrict some of our Services to registered users. If you register an account with us, you must provide accurate, current, and complete account information that we request, and update this information as necessary to keep it accurate, current, and complete.

You may not sell, transfer, or assign your account to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at contact@opendoor.com of any actual or suspected unauthorized use of your account.

1.1.3 Access

Opendoor grants to you limited permission to access and use our Services in accordance with these Terms. Any use of our Services not expressly permitted under these Terms is prohibited.

1.1.4 Copyrights, Trademarks, and Other Intellectual Property

The intellectual property rights in all content and materials available through our Services, including, but not limited to, text, images, audio, video, interfaces, information, data, and computer code, are the property of Opendoor or licensed to us by third-party providers (collectively, our “Content”).

You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion.  Nothing in these Terms grants you any license or right to use our Content except as expressly stated in these Terms.

1.1.5 Infringement

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

Opendoor, c/o Legal Team 410 N. Scottsdale Rd., Suite 1600 Tempe, AZ 85281 Phone: 888.352.7075 Email: dmca@opendoor.com

To find out what to include in the notice, click here to read the DMCA.

1.1.6 Other Restrictions

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the technology used to operate our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services, or interfere with any other party’s use and enjoyment of our Services.

1.1.7 Submissions

If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, images, content, data, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission may be used by us in any manner. Please do not submit or send any submission to us that you believe contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we have no obligation to read or respond to any particular submission submitted or sent to us.

By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights to it, and that any moral rights in it have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such submission (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

1.1.8 Mobile ID and Identity Verification Data

When you use your mobile device to electronically unlock an Opendoor Home or a third-party home listed by Opendoor, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method, and device details, if available (the “Mobile ID Data”). In addition, when you access the Services through a mobile device to electronically unlock an Opendoor Home or a third-party home listed by Opendoor, you may be prompted to share identification information (e.g., your U.S. driver’s license or state-issued ID data). By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID in accordance with its privacy policy, and you authorize us to receive such information (collectively, the “Verification Information”) from such service provider. As discussed in our Privacy Policy, we only use the Mobile ID Data and Verification Information for lawful purposes, including but not limited to identity verification, security of Opendoor Homes and third-party homes listed by Opendoor, and the prevention of fraudulent activity.

1.2 Disclaimers



To the fullest extent permitted by law, our Services, our Content, or other content available through our Services are provided “as is” and “as available,” with all faults and without warranty of any kind. Opendoor, on behalf of itself and its service providers, disclaims all warranties of any kind, whether express or implied, relating to our Services, our Content, or other content available through our Services including the implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, quality, accuracy, title and non-infringement, and any warranty arising out of course of dealing, usage, or trade.



You use our Services, our Content, or other content available through our Services, at your own discretion and risk. You assume all risk for any damage that may result from your use of our Services, our Content, or other content available through our Services. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our Services), or the loss of data that may result from the use of our Services, our Content, or other content available through our Services.

Additionally, you visit Opendoor Homes (including the surrounding premises) at your own discretion and risk. You assume any and all risk for any property damage or loss, or bodily, mental, or personal injury, including death, relating to or arising from visiting the Opendoor Homes.

1.2.3 Not a Legal or Professional Advisor

You acknowledge and agree that Opendoor is not engaged in rendering legal, tax, or other professional services. If legal, tax, or other professional assistance is required (for example, the review of agreements and forms made available to you through our Services), you should seek the services of a competent professional.

1.3 Limitation of Liability

You agree that Opendoor is not liable to you or any other person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions, or other materials accessed through our Services. Additionally, you agree that Opendoor is not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.

IMPORTANT! Notwithstanding any provision to the contrary, nothing in these Terms shall affect warranties or legal rights which are incapable of exclusion or restriction under applicable law, including but not limited to rights to damages.

1.4 Indemnification

You agree to indemnify, defend, and hold harmless Opendoor against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of these Terms or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of Opendoor. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

1.5 Governing Law

These Terms will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws, except for the Dispute Resolution and Arbitration Provision below, which is governed by federal law.

1.6 Enforceability

Our failure to enforce any of our rights or to act with respect to a breach by you or by others of these Terms does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by Opendoor of any of the provisions in these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Opendoor.

Except as set forth in the Dispute Resolution and Arbitration Provision, if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

We may assign these Terms, or certain of our rights or obligations under these Terms, to any party at any time without notice to you. You may not assign your rights or obligations under these Terms, by operation of law or otherwise, without the prior written consent of Opendoor.

1.7 Consent to be Contacted; Notices

If you provide, or have provided, a telephone number to us under your name, you confirm that you are the authorized subscriber for the telephone number you have provided, and expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender (or following any other sent instructions for how to opt-out).  We may record or monitor telephone calls for quality assurance.

If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.

1.8 SMS Short Code Program

You can text “OFFER” to our shortcode 67367 to receive an Estimated Offer on your home. The types of messages you can expect to receive through this program include questions about your home address, prompts to visit our website to get a more precise offer, and ways to contact Opendoor’s support team. 

You can cancel the SMS service anytime, just text “STOP” to 67367. After that, we’ll send you an SMS message to confirm that you have been unsubscribed and you’ll no longer receive SMS messages from us. If you want to join again, just text “OFFER” to 67367 and you’ll be able to receive SMS messages from Opendoor again. 

If you are experiencing issues with the Opendoor SMS program you can text “HELP” for more assistance, or you can call 1-888-352-7075.

Carriers are not liable for delayed or undelivered messages.

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless carrier.

1.9 Dispute Resolution and Arbitration Provision

1.9.1. Definitions 

The term “Claim” means any dispute, controversy, or claim arising between you and Opendoor.

For purposes of this section 1.9, the term “Opendoor” and references to “we,” “us,” or “our,” also apply to any third party that you bring a Claim against in connection with a Claim you bring against us. 

1.9.2 Informal Negotiations 

To expedite resolution and reduce the cost of a Claim, you and Opendoor agree to first attempt to negotiate any Claim against Opendoor (except those Claims expressly excluded below) informally for at least 30 days before initiating any arbitration or court proceeding. These informal negotiations will commence upon written notice. If necessary to preserve a Claim under any applicable statute of limitations, you or Opendoor may initiate arbitration while engaging in the informal negotiations. 

1.9.3. Binding Arbitration and Class Action Waiver

Subject to sections 1.9.4 and 1.9.9, you and Opendoor agree that any Claim will be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding. This section 1.9.3 is governed, in all respects, both procedurally and substantively, by the United States Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. You and Opendoor each waive the right to a trial by jury or to participate in a class action.

IMPORTANT! A Claim may only be brought in an individual capacity. Neither you nor Opendoor may serve as a plaintiff, class member, or participant in any purported class action, collective action, private attorney general action, or any other representative action. 

Unless all parties to the arbitration consent in writing, no party to the arbitration may join, consolidate, or otherwise bring claims on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section.

1.9.4. Claims Not Covered by this Dispute Resolution and Arbitration Provision

Disputes regarding the validity, scope, coverage, or enforceability of any part of this Dispute Resolution and Arbitration Provision or the arbitrability of any claim shall be determined by a court, not an arbitrator. However, disputes regarding the validity or enforceability of these Terms as a whole shall be determined by the arbitrator.

Individual actions in small claims court (or an equivalent court) by you or us are not subject to this Dispute Resolution and Arbitration Provision as long as they remain in that court; however, if the dispute is transferred, removed, or appealed to a different court, the dispute will be subject to arbitration according to these Terms.

To the extent a Claim arises from any purchase or sale agreement between you and Opendoor that has a dispute resolution provision, the dispute resolution provision in that purchase and sale agreement controls and applies to the Claim. 

1.9.5. Arbitrator and Arbitration Rules 

The arbitration will be conducted by the American Arbitration Association (“AAA”) or JAMS. The appropriate AAA or JAMS rules shall apply, as determined by the arbitrator. These rules can be found at www.adr.org and www.jamsadr.com. In the event of any conflict or inconsistency between this Dispute Resolution and Arbitration Provision, on the one hand, and the administrator’s rules or other provisions of these Terms, on the other hand, this Dispute Resolution and Arbitration Provision will govern.

1.9.6. Arbitration Costs

Each party shall pay their own costs of arbitration as specified by the administrator’s rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. We will pay any costs we are required to pay by law or the administrator’s rules or that we must pay in order for this Dispute Resolution and Arbitration Provision to be enforced. The parties will bear their respective attorney, expert, and witness fees and costs, unless applicable law, these Terms, or the administrator’s rules provide otherwise. 

1.9.7 Applicable Law and Venue 

The arbitrator shall be empowered to grant whatever substantive relief would be available in a court under applicable law on an individual Claim, including, without limitation, compensatory, statutory, and punitive damages (which will be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive, and other equitable relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claim, except as provided in section 1.9.8), and attorneys’ fees and costs. The arbitrator shall apply statutes of limitations and privilege rules that would apply in a court proceeding. The arbitration hearing will take place in the federal judicial district where you reside, or at another place mutually agreeable to the parties. 

1.9.8. Survival; Severance 

This Dispute Resolution and Arbitration Provision shall survive the termination of these Terms or any other agreements between the parties, and will continue in force even after you cease accessing our website or using our Services, after your account is closed, terminated, or suspended, and after you enter bankruptcy (if permitted under applicable bankruptcy law). This Dispute Resolution and Arbitration Provision may be severed or modified if necessary to render it enforceable, except that: (i) if the Class Action Waiver (Section 1.9.3) is declared invalid in a proceeding between the parties that does not seek public injunctive relief, and that determination becomes final after all appeals have been exhausted, this entire Dispute Resolution and Arbitration Provision (other than this sentence) shall be null and void in such proceeding; and (ii) to the extent that you or Opendoor prevail on a Claim in arbitration and seek injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public, the entitlement and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration.

1.9.9. Right to Opt Out of Dispute Resolution and Arbitration Provision

You may opt out of arbitration entirely and litigate any Claim if you provide Opendoor with written notice of your desire to do so within 30 calendar days of either (i) reagreeing to the Terms after December 14th, 2023 or (ii) creating an Opendoor account after December 14th, 2023. Written notice must be sent by email to arbitration-opt-out@opendoor.com. Any opt out notice must include your name, address, email address, and telephone number and a statement that you opt out of the Dispute Resolution and Arbitration Provision in the Opendoor Terms of Service. If you opt out of this Dispute Resolution and Arbitration Provision, that will not affect any other part of these Terms. Your decision to opt out of this Dispute Resolution and Arbitration Provision also will not affect any other dispute resolution provision that may be contained in a purchase or sale agreement between you and Opendoor; those provisions will remain in full force and effect. 

2. Service-Specific Terms

Some terms and conditions are specific to certain of our Services. We’ve broken those out below.

2.1 Invitations to Request an Offer

An Offer Preview, Preliminary Offer, and Estimated Offer, are estimates of an Opendoor Offer (see 2.2.1 below). These estimates are not appraisals. They are invitations for you to request an Opendoor Offer.

2.2 Selling to Opendoor

2.2.1 Opendoor Offers

An Opendoor Offer is an offer by Opendoor to purchase a home. You may be eligible to receive an Opendoor Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, (iii) the home meets our current home-buying parameters, which may change from time to time for a given service area under our sole discretion, and (iv) we have had an opportunity to assess your home.

An Opendoor Offer is not an appraisal. It is the purchase price Opendoor is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.

In the event that Opendoor makes you an offer on your home, Opendoor is not acting as your real estate agent or broker, nor does Opendoor represent you in any capacity as a seller. Opendoor is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the Opendoor Offer.

2.2.2 [Reserved]

2.2.3 After You’ve Sold Your Home

After you’ve signed a contract to sell your home, either to us or using our Services, please contact the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from. Once your home sale has closed, we disclaim all liability for any mail or packages delivered to the property.

2.3 Visiting an Opendoor Home

2.3.1 Authorized Access

By accessing an Opendoor Home, you confirm that you are entering the home with the express purpose of (1) evaluating the home for potential purchase, or (2) engaging in authorized business with Opendoor. You acknowledge that each access request grants up to 1 hour of time in the home, unless you have express permission from Opendoor for extended on-site presence. Opendoor may revoke permission to access one or more of its homes at any time. If you are asked to leave one Opendoor Home, you lose permission to go to any future Opendoor Home unless you receive notification otherwise from Opendoor.

2.3.2 Authorized Activities

By entering an Opendoor Home, you agree that you will not, and will not assist or enable others, to:

  • breach or circumvent any applicable law, or these Terms;

  • access the home if under the age of 18;

  • smoke, vape, consume alcohol, or use any illicit or illegal substances on the premises;

  • abandon, leave behind, dump, or otherwise discard any property including, but not limited to, flyers, pamphlets, marketing or promotional materials, trash, garbage, waste product, or any other type of personal property without the express consent of Opendoor;

  • remove any property from the Opendoor Home other than marketing or promotional materials provided by Opendoor for such use;

  • use any facilities in the home including, but not limited to, pools, showers, and appliances, other than for the purpose of examining them in the course of reasonable evaluation for purchasing the home;

  • request access other than through a method authorized by Opendoor (authorized methods include the Opendoor Mobile App, text-to-enter, and a phone call to Opendoor’s Customer Support line);

  • enter the home other than through the front door;

  • bring any weapon including, but not limited to, guns, knives, blunt-force objects, and projectiles, into the home or surrounding yard;

  • avoid, bypass, remove, deactivate, impair, or otherwise attempt to circumvent any technological or security measure implemented by Opendoor or any other third party to protect Opendoor Homes and their contents and surroundings, Services, customers, and/or visitors; or

  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

By accessing any Opendoor Home, you accept legal and financial responsibility for any damage you cause to it and, to the fullest extent permitted by law, any bodily, mental, or personal injury, including death, relating to or arising from accessing or visiting the Opendoor Home. If, in accessing an Opendoor Home, whether through an authorized method or not, you provide access to any individuals who have not expressly accepted these Terms, you accept legal and financial responsibility for their behavior including for any breaches by them of Section 2.3 of these Terms.

2.4 Buying an Opendoor Home

2.4.1 As-Is Conveyance

If you contract to purchase a home from Opendoor, you agree to the following additional terms and conditions regarding your purchase of the home (including the premises). In the event of any conflict with the terms of the Purchase and Sale Contract (“Purchase Contract”) governing the purchase of the home, the Purchase Contract shall prevail.

You acknowledge that Opendoor has provided you with an opportunity to inspect the home, and strongly encourages you to seek an inspection on the home by a licensed home inspector. You further acknowledge that Opendoor has not resided in the home and has limited knowledge of it. 

Accordingly, you agree that you are acquiring the home on an “as is, and with all faults” basis without representations, warranties, or covenants of any kind with respect to the quality, physical condition, or value of the home, the presence of hazardous substances in or near the home, or expenses associated with the home.

You waive any implied warranty as to habitability and any implied warranty as to the workmanship of any repairs or modifications performed on the home.

You agree that you have had ample opportunity to obtain professional assistance of your choosing, and are relying solely on your own independent judgment and that of your own professional consultants, if any, in entering into the Purchase Contract and purchasing the home.

You will conduct such inspections of the home as you deem necessary and, if you elect to purchase the home, you assume the risk of any adverse conditions, including adverse conditions that may not have been revealed by such inspections. 

2.5 Brokerage Representation and Referrals

2.5.1 About the Opendoor Brokerages

Opendoor Labs Inc. is the parent company of certain real estate brokerages, including Opendoor Brokerage LLC, Opendoor Brokerage Inc. (CalDRE# 02061130), OD Homes Brokerage Inc., Open Exchange Brokerage LLC, Open Exchange Brokerage Inc., and Opendoor Connect (collectively, the “Opendoor Brokerages,” and each, an “Opendoor Brokerage”).

Texas Real Estate Commission (TREC) notices:

Information About Brokerage Services

Consumer Protection Notice

These brokerages (other than Opendoor Connect) have contractual relationships with certain multiple listing services (MLSs) that allow them to show you pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:

  • to use this data only for personal use, and not for commercial uses;

  • to not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property; and

  • that the MLS that supplies the data owns such data and has proprietary rights and copyright to such data.

Opendoor Connect has contractual relationships with certain sellers that allow it to show you pictures and data related to listed and previously listed properties. Unless you are a licensed agent, you agree:

  • to use this data only for personal use, and not for commercial uses; and 

  • to not redistribute or otherwise use the data except in connection with your consideration of the purchase or sale of an individual property.

2.5.2 Representation of Opendoor

In the event you choose to buy an Opendoor Home or sell your home to Opendoor, an Opendoor Brokerage will represent Opendoor in the transaction.

2.5.3 Working with an Opendoor Partner Agent

At your request, an Opendoor Brokerage can refer you to a third-party agent that can represent you in your home purchase or sale (“Opendoor Partner Agent”), and you may be eligible for promotions for working with that agent. Should you choose to work with that agent, the referring brokerage will receive a referral fee. However, we never require you to choose any particular agent to buy or sell a home.

2.5.4 Working with an Opendoor Agent – Agency Relationships

In certain service areas, you may have the option to be represented by an agent at an Opendoor Brokerage (an “Opendoor Agent”) in your home purchase or sale. However, an Opendoor Agent will not be able to represent you if you sell your home to Opendoor, and may not be able to represent you in other types of transactions where an Opendoor Brokerage is representing another party. In those instances, you remain welcome to work with an Opendoor Partner Agent or another agent of your choice.

2.5.5 Opendoor Tour Assistants

In eligible markets, at your request, an agent will meet you to help facilitate visits to homes (“Tour Assistant”). Prior to a home tour, you will receive information about your Tour Assistant. Please note that visiting a home with a Tour Assistant does not establish an agency or contractual relationship between you and that Tour Assistant. We always welcome you to seek representation from the agent of your choice.

2.5.6 Opendoor Agent Access Program

Opendoor’s Agent Access program and all advertising and marketing associated is provided by Opendoor Labs Inc. All commissions are paid through the Opendoor Brokerages. Opendoor reserves the right to change or end the Agent Access program or any promotion at any time.

2.5.7 Opendoor Exclusive Listings

Opendoor-Owned Exclusive Listings are owned and advertised by Opendoor and its affiliated companies. For these homes, no listing, advertising, or marketing services are provided by, and no commissions are received by, the Opendoor Brokerages as part of the Exclusive Listings program.

Customer-Owned Exclusive Listings are owned by third party sellers and are advertised by Opendoor Connect, a non-MLS member and licensed brokerage, and its affiliated companies. Opendoor Connect serves sellers only, and does not represent buyers or provide buyer agency services.

In all cases, property information is not provided by a MLS. It is deemed reliable but not guaranteed, is provided “AS IS” without any warranty (express or implied), and should be independently verified.

2.6 Current Opendoor Promotions

Please note that, from time to time, we may advertise estimates of what customers can receive pursuant to a given Opendoor promotion. However, the final amounts you will receive, if eligible, will depend on factors like the final price of the home you buy or sell, as well as other associated costs like agent commissions. Consult with your Opendoor representative for more details as to how these promotions apply to your home sale or purchase. Unless otherwise stated, Opendoor promotions may not be combined.

2.7 [Reserved]

2.8 90-Day Buyback Guarantee

Under Opendoor’s 90-Day Buyback Guarantee (“Guarantee”), you can return a home that you purchased under the following conditions:

2.8.1 General Eligibility Conditions

To qualify, the home must have either been an Opendoor Home purchased from Opendoor, or a third-party home purchased using an Opendoor Agent or an Opendoor Partner Agent. You must have purchased the home as a primary residence, and moved into and resided in the home, and have not leased or otherwise permitted tenants in the home. And you may not have previously returned another home to Opendoor in the past 36 months.

2.8.2 Eligibility Conditions and Requirements Specific to Third-Party Homes

In addition, third-party homes must have the following attributes

  • The purchase price was no more than the amount listed below for the market where the home is located, or the closest one to it:

    • Atlanta, GA: $725,000

    • Austin, TX: $950,000

    • Charlotte, NC: $750,000

    • Dallas-Fort Worth, TX: $850,000

    • Denver, CO: $850,000

    • Houston, TX: $700,000

    • Jacksonville, FL: $500,000

    • Los Angeles, CA: $1,450,000

    • Orlando, FL: $650,000

    • Phoenix, AZ: $850,000

    • Raleigh-Durham, NC: $650,000

    • Riverside, CA: $1,000,000

    • Sacramento, CA: $950,000

    • San Antonio, TX: $600,000

    • Tampa, FL: $675,000

    • Tucson, AZ: $500,000

  • The home is a single family home, townhome, or condo

  • The home is not: 

    • a pre-fabricated or a mobile home

    • built before 1960

    • in a gated or age-restricted community

    • in a flood zone

    • on a lot bigger than 1 acre

  • The home was not bought at a foreclosure, probate, or short sale

In the case of a third-party home, you must provide a copy of a licensed general inspection report, and we reserve the right not to offer the Guarantee if there is any material defect identified in the report (e.g., foundation issues, roof damage, inoperable HVAC systems, unpermitted additions) or if we determine the purchase price is materially above the fair market value of the home. We will contact you within 48 hours of receipt of the report if this is the case.

2.8.3 Return Process

To return the home, send an email to buyback@opendoor.com no later than 90 days after the close of escrow (the “Closing Date”) with the following information:

  • The address of the home.

  • The Closing Date.

  • A request to return the home under the Guarantee.

  • The date on which you will move out of the home, which must be within 40 days from the date the email notice is sent (“Notice Date”).

You will then fill out a short application certifying that (1) you purchased the home as a primary residence and resided in it, (2) no tenants were permitted to reside at the home, (3) you have not previously returned another home to Opendoor in the past 36 months, and (4) you will fully vacate and remove belongings from the home within 40 days of the Notice Date.

Before we re-purchase the home, all of the following must also be true:

  • There has been no change or changes to the home (including the surrounding premises) after  the Closing Date, regardless of its cause, that, taken individually or together, materially impact the home’s value or habitability, as determined in Opendoor’s reasonable, good faith sole discretion, including, but not limited to: non-minor damage to the home; removal or modification of any major fixtures; impacts by acts of God, fire, flood, hail, wind, earthquake, war, epidemic, riot, terrorism, or casualty loss; a housing market decline represented by a 5% or greater annualized decline in the seasonally adjusted Case-Shiller Home Price Index for the region in which the home is located measured over the most recent month for which the index is available, or declines of any amount in the two most recent months for which the index is available; or a stock market decline represented by a 10% or greater annualized decline in the S&P 500 Index measured from the Closing Date to the Notice Date.

  • Opendoor is not insolvent and has not filed for bankruptcy.

  • Your certifications in your return application are accurate and complete at the time of the return closing.

  • All liens and encumbrances incurred since the Closing Date have been paid in full or otherwise removed by you at or prior to the return closing.

  • Any solar lease, loan, or power purchase agreement is fully pre-paid and transferred to Opendoor at or prior to the return closing.

  • Title to the home has not changed since the Closing Date and there have been no disputes affecting title or liens.

Following receipt of your notice and application, unless the home does not otherwise qualify for the Guarantee, we will schedule an assessment to evaluate the condition of the home. We agree to schedule the assessment and you agree to facilitate it within 5 business days of receiving your notice and application. We will give you the results of the assessment within 5 days of completing it.

Subject to meeting all the above conditions, Opendoor will purchase the home from you pursuant to its standard form agreement, which we will provide to you, for the following price:

The purchase price of the home on the Closing Date minus seller concessions reflected on the closing statement (“Adjusted Purchase Price”) less a 3% fee (the “Return Fee”), less any commission refund or other monetary incentive you received for working with an Opendoor Agent or Opendoor Partner Agent. If our assessment discloses needed repairs, we will also identify and debit repair costs.

For the avoidance of doubt, Opendoor’s maximum financial obligation associated with a return under the Guarantee will not exceed 97% of the Adjusted Purchase Price.

These Terms were last modified on December 14, 2023.

Any rights not expressly granted herein are reserved by Opendoor.