Terms & Conditions

customXchange | customxchange.com

Last Updated: March 2026

1. Overview

customXchange is an independent, online auction-style real estate marketing platform serving the Greater Rochester, New York area. By accessing this platform, registering as a user, scheduling a showing, or submitting a bid, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions in their entirety.

Properties listed on customXchange are represented by licensed real estate agents. Agency relationships and fiduciary obligations are governed by the laws of the State of New York and are disclosed on a per-listing basis.

2. Agency Disclosure & Fiduciary Duty

Properties marketed through customXchange are listed by licensed New York State real estate agents acting as seller’s agents. All listing agents represent the seller’s interests exclusively.

In accordance with New York State Department of State requirements, listing agents will:

• Exercise reasonable skill and care in the performance of their duties
• Deal honestly, fairly, and in good faith with all parties
• Disclose all facts known to the agent that materially affect the value or desirability of a property, except as otherwise provided by law

Prospective buyers are advised that they are not represented by customXchange or any listing agent on this platform unless a separate written buyer representation agreement has been independently executed.

3. Buyer Registration & Eligibility

To participate in any customXchange listing — including scheduling a showing or submitting a bid — prospective buyers must:

• Be of legal age to enter into a binding contract in the State of New York
• Provide valid, government-issued photo identification upon request
• Disclose basic financial qualification details, including proof of funds or mortgage pre-approval, as requested by the listing agent

Completion of an exclusive buyer broker agreement is not required to schedule a showing or submit an offer through this platform.

4. Financial Disclosure

Prospective buyers requesting a showing or submitting a bid will be asked to disclose information regarding their ability to complete a purchase transaction, including but not limited to cash availability or financing details.

While financial disclosure is not mandatory, please be advised that non-disclosure may impact your ability to obtain a timely showing or submit a purchase offer, as listing agents are obligated under their fiduciary duty to act in the best interests of the seller.

5. Transaction Fee

A Transaction Fee of 5% or $5,000 — whichever is greater — will be added to the final accepted sale price on all customXchange transactions. By submitting a bid, the buyer acknowledges and accepts this additional fee as part of their total purchase obligation.

All applicable taxes, including but not limited to transfer taxes and recording fees, will be assessed based on the combined sum of the accepted sale price and the Transaction Fee.

Prospective buyers are strongly encouraged to consult with a licensed attorney or accountant to fully understand their total acquisition cost prior to bidding.

6. Outside Brokerage Commission

No commission will be offered or paid to outside brokerages in connection with any customXchange transaction. Buyers currently working with a buyer’s agent or outside broker are responsible for making independent compensation arrangements with their representative prior to participating on this platform. customXchange bears no responsibility for compensation obligations between buyers and their outside representatives.

7. Bidding Process & Winning Bid

Bids submitted through customXchange represent a serious expression of intent to purchase under the terms outlined in the listing. However, the following conditions apply to all bids:

• The seller reserves the right to accept, reject, or counter any bid, including the highest submitted offer, at their sole discretion
• A winning bid does not constitute a binding purchase agreement and does not guarantee a final sale
• The seller retains the right to negotiate terms with any party, including parties who submitted offers outside of the platform’s active marketing window
• Final terms of sale will be negotiated directly between the seller and the winning bidder following the close of the bidding period, with all agreements memorialized in a written purchase contract executed by both parties

8. Property Condition & Due Diligence

All properties listed on customXchange are sold in “as-is” condition unless otherwise stated in the individual listing terms. customXchange makes no representations or warranties regarding the physical condition, habitability, or fitness for any particular purpose of any listed property.

Buyers are solely responsible for conducting their own due diligence, including but not limited to property inspections, title searches, zoning verification, and environmental assessments, prior to submitting a bid.

9. Limitation of Liability

customXchange shall not be held liable for any damages — direct, indirect, incidental, or consequential — arising from participation in the platform, reliance on listing information, or the outcome of any auction or negotiation. All property information is provided in good faith and is believed to be accurate but is not guaranteed.

10. Modifications to These Terms

customXchange reserves the right to update or modify these Terms & Conditions at any time without prior notice. Continued use of the platform following any such modification constitutes your acceptance of the revised terms. Users are encouraged to review this page periodically.

11. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising from use of this platform shall be subject to the exclusive jurisdiction of the courts of Monroe County, New York.

12. Contact

For questions regarding these Terms & Conditions, please contact us directly through customxchange.com.

By registering on this platform or submitting a bid, you confirm that you have read and agree to these Terms & Conditions in full.