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Bosshardt Realty Services, LLC

Bosshardt Realty Services: Legal Risks & Redline Solutions in Terms & Conditions

Our expert review of Bosshardt Realty Services' Terms & Conditions reveals critical legal risks, including compliance gaps and unenforceable clauses. See actionable redline solutions.

When Legal Loopholes Cost Millions: Bosshardt Realty Services Terms & Conditions Under the Microscope

Imagine a scenario where a single ambiguous clause exposes a business to regulatory fines exceeding $1 million, or where a missing consumer protection leads to class-action litigation. Our analysis of Bosshardt Realty Services, LLC's Terms & Conditions reveals several legal and logical risks that could result in substantial financial and reputational harm. Below, we break down the most pressing issues, quantify their potential impact, and provide actionable redline improvements.

1. Unenforceable Consent Under TCPA and CASL: Regulatory Exposure

The T&C's consent language for autodialed and pre-recorded calls/texts is broad and lacks clear opt-in requirements. This exposes Bosshardt Realty Services to potential violations of the Telephone Consumer Protection Act (TCPA) and Canada's Anti-Spam Legislation (CASL), where statutory damages can reach $1,500 per violation (TCPA) and up to CAD $10 million per violation (CASL). Without explicit, documented consent, the company risks regulatory enforcement and class-action lawsuits.

Legal Analysis
critical Risk
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If you choose to registerBy registering on our website, you herebyprovide express written consent to receive autodialed and/or pre-recorded telemarketing calls and/or text messages on provided number from or on behalf of Bosshardt Realty Services or it’s participating lenders or affiliates; fromat the following telephone number: 1-800-GETEXPERT you provide, or from other numbers related to or affiliatedin accordance with the company, which may use an automatic telephone dialing system, an artificial or prerecorded voice or text message. Standard messageTelephone Consumer Protection Act (TCPA) and data rates may applyCanada's Anti-Spam Legislation (CASL). You acknowledge that you may receive emails or communications with mortgage-related information. You also certify thatare the authorized user of the provided number is your actual cell phone number and not that of anyone else. FurthermoreYou may withdraw consent at any time by replying STOP or by contacting us directly. We will not send communications without valid, if your cell phone number changesdocumented consent, we ask for prompt noticeand will maintain records of the new numberall such consents as required by law. If you wish to opt out of phone calls, text or emails please reply with the word STOP.

Legal Explanation

The original clause lacks explicit opt-in language and fails to reference compliance with TCPA and CASL requirements for express written consent and recordkeeping. The revision ensures compliance, reduces regulatory risk, and provides clear withdrawal mechanisms.

2. Overbroad Disclaimer of Liability: Potential for Unconscionability

The T&C attempts to disclaim all liability, including for negligence and consequential damages. Courts routinely strike down such blanket disclaimers as unconscionable or unenforceable, especially where consumer rights are implicated. This exposes Bosshardt Realty Services to unpredictable litigation costs and settlements, which in similar cases have exceeded $500,000.

Legal Analysis
high Risk
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THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTEDPROVIDED THROUGH THE SITE ARE PROVIDED “AS-IS,” AND “AS AVAILABLE,.” ANDTO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGSHOWEVER, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NOTHIS DISCLAIMER DOES NOT LIMIT LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULARGROSS NEGLIGENCE, BUT NOT AS A LIMITATIONWILLFUL MISCONDUCT, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSSVIOLATIONS OF BUSINESSSTATUTORY RIGHTS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTNOR DOES IT EXCLUDE LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OFWHERE SUCH DAMAGESLIMITATION IS PROHIBITED BY LAW.

Legal Explanation

The original clause attempts to disclaim all liability, including for negligence and statutory rights, which courts often find unconscionable and unenforceable. The revision aligns with legal standards by preserving mandatory consumer protections and limiting disclaimers to the extent permitted by law.

3. Unilateral Amendment Without Notice: Enforceability and Consumer Protection Risks

The agreement allows Bosshardt Realty Services to amend the T&C at any time, without specific notice to users. This practice is frequently invalidated by courts and can trigger regulatory scrutiny under consumer protection laws, potentially resulting in fines and mandatory contract revisions.

Legal Analysis
high Risk
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This Agreement may be amended by us at any time and at any frequency without specific noticeWe reserve the right to you. The latestamend this Agreement. Any material changes will be postedcommunicated to users via email or prominent notice on the Site, and you should review this Agreement at least 30 days prior to usingtaking effect. Continued use of the Site after such notice constitutes acceptance of the revised terms.

Legal Explanation

Unilateral amendment without notice is routinely struck down by courts and can violate consumer protection laws. The revision introduces advance notice and a clear acceptance mechanism, improving enforceability and transparency.

4. Inadequate GDPR Compliance Statement: Data Privacy Exposure

The GDPR compliance clause is insufficient and ambiguous, failing to provide required disclosures or mechanisms for obtaining valid consent from EU residents. Non-compliance with GDPR can result in fines up to €20 million or 4% of global annual turnover, posing a critical financial risk.

Legal Analysis
critical Risk
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By accessing and using thisThis Site, you hereby agree and represent either (i) you are does not a residenttarget or knowingly collect personal information from residents of the European Union, or (ii) if. If you are aan EU resident of the European Union, that you hereby provide express consent to anywe will only process your personal information which may be collected from you by this Sitedata in accordance with the General Data Protection Regulation (GDPR), including providing clear disclosures, but not limited toobtaining explicit consent for each processing activity, first nameand offering data subject rights such as access, last namerectification, email address, phone number, physical address, IP address, and social media accounts and informationerasure. In no event shall any user cause this Site to collect personalFor more information of any individual residing in the European Union without first obtaining the express consent of such individual, please refer to our Privacy Policy.

Legal Explanation

The original clause is ambiguous and fails to provide the required GDPR disclosures, mechanisms for explicit consent, or data subject rights. The revision ensures compliance with GDPR and reduces exposure to regulatory fines.

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Conclusion: Proactive Legal Risk Management is Essential

Our examination shows that Bosshardt Realty Services' Terms & Conditions contain several high-impact legal risks, including regulatory non-compliance, unenforceable disclaimers, and inadequate consumer protections. Each issue carries the potential for substantial financial loss, regulatory penalties, and reputational damage. Proactive contract redlining and legal review are essential to mitigate these risks and strengthen enforceability.

**Are your contracts exposing your business to hidden liabilities? How often do you review your T&C for regulatory compliance? What would a million-dollar fine mean for your bottom line?**

*This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.*