Legal
Creative Finance Disclaimer
Effective June 2, 2026
Read this before you sign anything.
Creative real estate financing — Owner Financing, Lease Purchase, and Other Creative Options (including subject-to, wraparound, contract for deed, assumable, hybrid, and similar structures) — can be powerful, and it can also expose you to serious legal, financial, and tax consequences. Always consult a licensed attorney and a licensed mortgage professional (RMLO) before entering into any creative-finance agreement.
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 optional lead routing to paying professionals and introductions to third-party lenders and capital partners. 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.
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, salesperson, or referral service regulated under state real estate licensing law.
- A lender, mortgage broker, loan originator, or Residential Mortgage Loan Originator (RMLO) under the SAFE Act or Truth-in-Lending regulations.
- 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 their 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.
- Compliance of the proposed financing structure with Dodd-Frank, the SAFE Act, the Truth in Lending Act, the Real Estate Settlement Procedures Act (RESPA), the Fair Housing Act, state usury laws, or any state-specific licensing or disclosure requirements.
A “verified” badge — if any — indicates only that we performed limited identity or document checks at the seller's request. It is not a guarantee of accuracy, marketability, or legal compliance.
4. Federal and State Law: Your Responsibility
Creative real estate financing is regulated. Depending on the structure and the state, the seller, the buyer, or both may have obligations under one or more of the following:
- Dodd-Frank Act & SAFE Act — when an owner finances residential property, certain transactions require a licensed RMLO and trigger ability-to-repay rules.
- Truth in Lending Act (TILA) & Regulation Z — disclosure requirements for consumer credit transactions.
- RESPA — settlement procedure disclosures.
- Fair Housing Act & ECOA — prohibitions on discrimination in housing and credit.
- State licensing — state-specific real estate broker, mortgage broker, RMLO, and contract-for-deed rules that vary widely (for example, Minnesota, Texas, and Oklahoma impose specific contract-for-deed protections).
- State usury & consumer protection laws.
- Subject-to / wraparound— most underlying mortgages contain “due-on-sale” clauses that may allow the lender to accelerate the loan upon transfer.
You are responsible for understanding which rules apply to you, in your state, for the specific transaction you intend to enter. The Creative Marketplace does not provide this analysis.
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.