Legal
Creative Finance Disclaimer
Effective September 11, 2026
Read this before you sign anything.
Creative real estate financing — Owner Financing (including seller financing, contract for deed, subject-to, and wraparound), Rent to Own (lease option and lease purchase), and Other Creative Options (such as loan assumptions and hybrid deals) — can be powerful, and it also carries real legal, financial, and tax risk. The Creative Marketplace doesn’t give legal advice. Before you enter into any creative-finance agreement, review the laws where the property is and talk with a local real estate attorney and, where relevant, a title company or licensed mortgage loan originator.
1. What The Creative Marketplace Is
The Creative Marketplace is an online listing platform. We provide listing pages, search, and messaging so buyers and sellers can find and contact each other, along with introductions to third-party lenders and capital partners when you ask for one. We are never a party to, and do not participate in, facilitate, monitor, or close any transaction between users, and we never take possession of, hold, or transfer any funds.
“No bank required” — what it means. On many listings the seller carries the financing, so no new bank loan or bank approval is needed to buy. That is not true of every deal. Rent-to-own and lease-purchase buyers usually need a mortgage to complete the purchase. On subject-to and wraparound deals, the seller’s existing mortgage stays in place, and its loan documents may let the lender call it due (see Section 4). Some deals involve a bank, lender, or licensed mortgage loan originator (RMLO). Whether yours does depends on the deal and the laws where the property is, so ask a local real estate attorney. “No bank required” describes how many deals on the Platform work, not every transaction.
2. What The Creative Marketplace Is Not
The Creative Marketplace is not, and does not act as, any of the following:
- A real estate broker, agent, or salesperson.
- A lender, mortgage broker, loan originator, or Residential Mortgage Loan Originator (RMLO).
- A title company, escrow agent, or settlement agent.
- An attorney, law firm, financial advisor, tax advisor, or fiduciary.
- A party to any listing, contract, or transaction.
- A closing, settlement, or transaction-coordination service. We do not prepare documents, order title, hold or transfer funds, coordinate closing, or facilitate any part of a deal.
We do not provide legal, tax, accounting, financial, real estate, title, escrow, closing, or lending services of any kind. Anything you read on the Platform — including listings, blog content, glossaries, and tools — is for general informational purposes only.
3. Listings Are User-Generated Content
Listings on The Creative Marketplace are posted by sellers or authorized representatives. We do not independently verify:
- Ownership of the property.
- The marketability or condition of title.
- Any existing mortgages, liens, judgments, taxes, or encumbrances.
- The accuracy of price, payment, rate, term, balloon, or other financing details.
- The condition, habitability, code compliance, or zoning of any property.
- Whether the proposed financing structure complies with the federal, state, and local laws that apply where the property is.
4. Federal and State Law: Your Responsibility
Creative real estate financing may be subject to federal, state, and local laws, including lending, licensing, disclosure, fair housing, usury, and consumer-protection rules. Which rules apply depends on the structure, the parties, and where the property is, and they vary from state to state.
On subject-to and wraparound deals, the seller’s existing mortgage stays in place. Its loan documents may contain a “due-on-sale” clause, so have them reviewed before you sign.
You are responsible for understanding which rules apply to your transaction. The Creative Marketplace doesn’t give legal advice. Review the laws where the property is and talk with a local real estate attorney before you sign anything.
Lenders and capital partners
The Creative Marketplace is not a mortgage broker or lender. When you ask us to connect you with a lender or capital partner, we pass your request along. The loan and its terms are between you and that lender, and we may be paid for the introduction.
5. Before You Sign Anything
At minimum, before signing any creative-finance agreement:
- Have a licensed real estate attorney in the property's state review the contract and any promissory note, deed, trust, or wrap documents.
- Order a title search and, where applicable, title insurance.
- Verify the legal description, ownership, and any encumbrances against the property.
- Confirm whether the transaction requires a licensed RMLO and, if so, retain one.
- Inspect the property and review tax, insurance, and HOA records.
- Confirm any underlying mortgage status, due-on-sale exposure, and lender consent requirements (especially for subject-to or wraparound).
- Use an attorney, title company, or licensed escrow agent to close.
6. No Guarantees of Outcomes
The Creative Marketplace makes no guarantee that you will find a property, sell a property, qualify for any structure, receive any return, or avoid any loss. Real estate values and financing terms vary significantly; past results do not predict future outcomes.
7. Forward-Looking Statements
Listings may contain projections — rental income, appreciation, equity build, or refinance assumptions. Projections are the seller's opinion only and are not guarantees by The Creative Marketplace or anyone else.
8. Fair Housing
The Creative Marketplace supports the principles of the Fair Housing Act. We do not tolerate listings or messages that discriminate on the basis of race, color, national origin, religion, sex, familial status, disability, or any other protected class under applicable law. Suspected violations may be reported to support@thecreativemarketplace.com.
9. Acknowledgement
By using The Creative Marketplace, you acknowledge that you have read and understood this Disclaimer, our Terms of Service, and our Privacy Policy, and you agree to be bound by them.
10. Governing Law and Dispute Resolution
Disputes arising out of or related to this Disclaimer are governed by, and resolved under, the governing-law, mandatory arbitration, and class-action waiver provisions of our Terms of Service.