Terms of Service

1. Marketplace Role & Platform Scope

BrandNewHomes.in ("BrandNewHomes", "we", "us", or "the Platform") operates an online information exchange and discovery marketplace connecting property owners, builders, buyers, and tenants across Kerala.

BrandNewHomes is not a party to any transaction, sale deed, lease agreement, or financial contract executed between users. We do not own, inspect titles of, construct, broker, manage, or guarantee any listed property or project.

2. User-Generated Content & Information

All property descriptions, asking prices, specifications, possession dates, floor plans, images, and builder profiles published on the Platform are user-generated information submitted directly by sellers and developers.

While BrandNewHomes applies editorial review procedures to reject spam or obvious inaccuracies, the Platform does not warrant the completeness, accuracy, timeliness, or legality of any user-generated content.

3. Seller & Builder Responsibilities

By publishing a listing on BrandNewHomes, sellers and builders represent and warrant that:

• They hold legal authority, power of attorney, or valid developer rights to offer the property for sale or lease.
• All stated prices, area measurements (sq ft, cents), amenities, and possession timelines are truthful and not misleading.
• Where applicable under the Real Estate (Regulation and Development) Act (RERA), valid and active regulatory registration numbers are accurately supplied.
• They will promptly mark listings as sold, rented, or inactive once no longer available on the market.

4. Mandatory Buyer & Tenant Due Diligence

Every prospective buyer and tenant is solely responsible for carrying out comprehensive legal, financial, and physical due diligence before paying any advance, token deposit, or consideration.

Due diligence includes, but is not limited to: independent title verification via a qualified legal practitioner, inspection of original title deeds and prior deeds (mun-aadharam), verification of Encumbrance Certificates (EC / Kudikadam) at the relevant Sub-Registrar Office, local body building permits and occupancy certificates, and site inspection of physical boundaries.

5. Contact Visibility & Direct Enquiries

Sellers and builders choose their contact preference when listing a property:

• Phone Visible: The seller's phone number is displayed to prospective buyers.
• WhatsApp Visible: A direct WhatsApp message link is provided for instant buyer communication.
• Enquiry Only: Phone numbers remain concealed; buyers submit enquiries via an online lead form delivered to the listing creator.

Buyers and tenants are not required to create an account to view properties or send enquiries. Users agree not to abuse contact channels for unsolicited marketing, spam, or harassment.

6. Media Uploads & Intellectual Property

Users who upload photographs, architectural renderings, video tours, or layout plans must own the copyright or hold express permission from the copyright owner.

By uploading content to BrandNewHomes, you grant BrandNewHomes a non-exclusive, worldwide, royalty-free license to display, optimize, and distribute such media solely in connection with hosting and marketing the listing on the Platform.

7. Prohibited Content & Listing Removal (Moderation)

BrandNewHomes reserves the right to unpublish, edit, suspend, or permanently remove any listing, account, or communication without prior notice if we determine that it contains:

• Duplicate submissions of existing properties.
• Misleading pricing, fictitious photos, or inaccurate location tags.
• Unauthorized third-party broker listings masquerading as direct owner postings.
• Defamatory, obscene, infringing, or unlawful material.
• Unresponsive seller contacts or properties confirmed to be no longer available.

Users may report suspicious or inaccurate listings at any time through our contact and support channels for investigation and takedown review.

8. Limitation of Responsibility & Disclaimers

To the fullest extent permitted by applicable law, BrandNewHomes.in, its operators, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from:

• Inaccuracies, errors, or omissions in any user listing or financial calculation.
• Financial losses, disputes, fraud, or failed transactions occurring between buyers, sellers, or builders.
• Decisions made in reliance on indicative home loan estimates, EMI calculators, or guidance notes.
• Temporary platform downtime, service interruptions, or data transmission failures.

The Platform and all tools are provided on an "as is" and "as available" basis without warranties of any kind.