Terms and Conditions

You have accessed the Terms and Conditions applicable to the Not Eligible Status Data Form (“Data Form”).

BY USING THE DATA FORM, YOU AGREE TO BE BOUND BY THE FREDDIEMAC.COM TERMS AND CONDITIONS AND THE FOLLOWING TERMS AND CONDITIONS (the “Terms and Conditions”):

IF THERE IS A CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND THE FREDDIEMAC.COM TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS WILL GOVERN WITH RESPECT TO YOUR USE OF THE DATA FORM.

NOTICE FOR FREDDIE MAC SELLER/SERVICERS (as defined in the Freddie Mac Single-Family Seller/Servicer Guide (the“Guide”)) 

Your use of the Data Form shall be governed by the Guide, including, without limitation, Section 1201.8 and Chapter 1301, and your other Purchase Documents.

NOTICE FOR AUTHORIZED REPRESENTATIVES OF A HOMEOWNERS ASSOCIATION

(a) Definitions

1. “Authorized Representative of a Homeowners Association” or “Authorized Representative of a HOA” is either a member of its board of directors or its project property manager.
2. “Condominium Project” is a project that is legally established as a Condominium Project in compliance with the applicable state law in which the project is located.
3. “Homeowner Association” or “HOA” is an association comprised of unit owners that maintains the common elements for the benefit of the unit owners. In a Condominium Project, the association has no ownership interest in the common elements.
4. “Not Eligible status” is a Condo Project Advisor Project Assessment Request (PAR) finding status. This status is assigned to a Condominium Project when it does not meet certain Freddie Mac project review and general eligibility requirements. All project review requirements are listed in Guide Section 5701.2(a). All general Condominium Project eligibility requirements are listed in Guide Section 5701.2(b). See also Guide Section 5701.10 for more information on Condo Project Advisor PAR.

(b) Authorized Representative of a HOA

• You represent and warrant that you are an Authorized Representative of a HOA and are either (i) requesting if your Condominium Project is assigned a Not Eligible status or (ii) appealing your Condominium Project’s Not Eligible status.

(c) Receipt and treatment of Freddie Mac Project Confidential Information

• You must treat all information you receive in connection with your use of the Data Form or your interaction with Freddie Mac (collectively, “Freddie Mac Project Confidential Information”) as strictly confidential and proprietary to Freddie Mac. You must not release or disclose or permit the release or disclosure of Freddie Mac Project Confidential Information at any time except to the following extent:
  • Allowed by these Terms and Conditions,
  • Expressly required or consented to by Freddie Mac in writing, or
  • Ordered by a court or administrative agency of competent jurisdiction.
• In addition, and solely to the extent necessary to (i) appeal a determination of a Not Eligible status, (ii) address any issues or deficiencies related to the Not Eligible status, or (iii) assist a potential purchaser in the purchase of any unit in the Condominium Project, the Authorized Representative of the HOA may provide Freddie Mac Project Confidential Information and copies thereof, only to persons who need to know such information, such as:
  • Members of its board of directors, employees and project property manager of the HOA;
  • Homeowners and potential homeowners of any unit in the Condominium Project; Counsel, engineers, accountants and architects engaged by the HOA.
• You may not modify or alter the Freddie Mac Project Confidential Information in any manner when disclosing such information and must inform any recipient of the confidential nature of the Freddie Mac Project Confidential Information.

(d) Submission of data to Freddie Mac

1. You warrant that all data and/or other information submitted to Freddie Mac, including but not limited to via the Data Form, is true, complete, and accurate.
2. You agree to complete all Freddie Mac forms according to the instructions or guidance provided by Freddie Mac.
3. With respect to data and other information transmitted to Freddie Mac through a permitted electronic medium, You warrant that the transmission contains all the required information.
4. Freddie Mac will have the right to use all information and data submitted to Freddie Mac in connection with your use of the Data Form or appeal of a Not Eligible status determination ("Submitted Data”) for all purposes related to determination of Condominium Project eligibility and for analytic, statistical, quality control and similar purposes. In addition to the foregoing, Freddie Mac will have the right to provide the Submitted Data to any agency of the federal government or any state government and any court or administrative agency of competent jurisdiction.

(e) Process for Freddie Mac notification of Not Eligible status

1. Freddie Mac may provide an Authorized Representative of a HOA written notice of the project’s proposed Not Eligible status along with an opportunity to submit a written response if the Authorized Representative the HOA’s contact information is readily available.
2. However, Freddie Mac may determine, in its sole discretion, to change a project’s status to Not Eligible without any prior written notice.

(f) Appeal

1. An Authorized Representative of a HOA may appeal Freddie Mac's determination of the project's Not Eligible status by submitting the Data Form. Additionally, at Freddie Mac's request, an Authorized Representative of the HOA may email Freddie Mac to appeal Freddie Mac's determination of the project's Not Eligible status.
2. Any appeal must provide Freddie Mac with information and documentation that clearly supports the Authorized Representative of the HOA’s request for reconsideration.
3. Freddie Mac will render a final decision in writing to the Authorized Representative of the HOA either affirming or reversing Freddie Mac’s prior determination.

(g) No Warranties; Limitation of Liability

• Freddie Mac does not guarantee that the information provided in connection with your use of the Data Form is accurate, current or suitable for any particular purpose. Freddie Mac does not guarantee that access to the Data Form will be uninterrupted, or that the Data Form cannot be tampered with by third parties. While Freddie Mac has implemented security measures designed to protect most information sent to Freddie Mac, Freddie Mac does not guarantee that information sent to Freddie Mac will not be obtained, reviewed, disclosed or tampered with by third parties. THE DATA FORM, THE INFORMATION POSTED OR LINKED THERETO AND ANY SOFTWARE RELATED THERETO ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THE DATA FORM, SUCH INFORMATION AND SUCH SOFTWARE IS AT THE USER'S SOLE RISK. IN NO EVENT WILL THE FREDDIE MAC BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE DATA FORM (INCLUDING, BUT NOT LIMITED TO ANY SOFTWARE RELATED THERETO), OR ANY INFORMATION CONTAINED IN OR LINKED TO THE DATA FORM OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF FREDDIE MAC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.