By engaging the services of Equity Solution Group LLC ("ESG," "we," "us," or "our"), responding to our outreach, or signing a contingency agreement with us, you agree to these Terms of Service. If you do not agree, please do not engage our services.
Our Services
ESG is a surplus funds recovery company. We identify unclaimed surplus funds resulting from mortgage foreclosure or tax foreclosure sales and assist former property owners in recovering those funds. Our services include:
- Researching public county records to identify potential surplus funds.
- Contacting former property owners to inform them of potential available funds.
- Preparing claim documentation and coordinating with licensed attorneys for filing.
- Managing the claims process from intake through disbursement.
ESG is not a law firm and does not provide legal advice. All claim filings are handled by independently licensed Florida attorneys retained for each case.
Contingency Fee Arrangement
Our services are provided on a contingency basis. You pay nothing unless we successfully recover surplus funds on your behalf. Upon successful recovery:
- ESG's fee is a contingency-based percentage of the total funds recovered, as specified in your signed contingency agreement.
- Attorney filing fees and any court costs are covered within ESG's contingency share and are not charged to you separately.
- You will receive the remaining balance directly from the disbursing attorney.
If your claim is denied, cannot be filed, or results in no recovery, no fee is charged to you — ever.
No Guarantee of Recovery
ESG makes no guarantee that surplus funds exist, are still available, or will be successfully recovered. Surplus fund availability depends on county records, competing claims, applicable filing deadlines, and court determinations that are outside our control. Our outreach is based on public records research and estimated figures — actual available funds may differ from initial estimates.
Your Responsibilities
To allow ESG to pursue your claim, you agree to:
- Provide accurate and complete information about your identity and prior property ownership.
- Provide a government-issued photo ID for identity verification when requested.
- Sign all required claim documents in a timely manner.
- Cooperate with the filing attorney as reasonably required throughout the process.
- Notify ESG promptly of any change in your contact information.
Communications Consent
By engaging our services or consenting during any contact with our team, you agree to receive communications from ESG via SMS, phone, and email regarding your claim. You may opt out at any time:
SMS: Reply STOP to any message.
Phone: Request removal during any call.
Opting out of communications does not terminate an existing signed contingency agreement.
Intellectual Property
All content, tools, and systems used by ESG — including our CRM, document templates, and claims preparation processes — are proprietary to Equity Solution Group LLC. You may not reproduce, copy, or distribute any ESG materials without prior written permission.
Disclaimer of Warranties
ESG PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESG EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
- Any warranty that surplus funds identified through public records research will be available, accessible, or recoverable.
- Any warranty that our services will be uninterrupted, error-free, or free of viruses or other harmful components.
- Any warranty regarding the accuracy, completeness, or timeliness of public county records or estimated surplus amounts.
No oral or written information provided by ESG shall create any warranty not expressly set forth in these Terms or in your signed service agreement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EQUITY SOLUTION GROUP LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND — INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ESG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ESG's total aggregate liability for any claim arising from or related to these Terms or our services shall not exceed the lesser of: (a) the total fees actually received by ESG from the specific claim or transaction giving rise to the liability, or (b) five hundred dollars ($500.00).
This limitation applies regardless of whether the claim is based in contract, tort, statute, fraud, or any other legal theory, and applies even if ESG has been advised of the possibility of such damages. Specifically, ESG is not liable for:
- Decisions, denials, delays, or errors by county clerks, courts, or any government office.
- Acts or omissions of independently retained attorneys, mobile notaries, or other third-party service providers.
- Loss of potential funds due to statute of limitations expiration, competing claimants, liens, or court determinations outside ESG's control.
- Inaccuracies in public county records that affect the existence, availability, or amount of surplus funds.
- Events of force majeure, including natural disasters, government actions, system failures, or circumstances beyond ESG's reasonable control.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for certain damages. In such jurisdictions, the above limitations apply only to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Equity Solution Group LLC, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of our services or any action taken on your behalf under an executed service agreement.
- Any false, misleading, or inaccurate information you provide to ESG, including misrepresentation of ownership, identity, or heir status.
- Your violation of any provision of these Terms of Service.
- Any third-party claim arising from your use of our platform, recovered funds, or documents prepared on your behalf.
- Any dispute between you and a co-claimant, heir, creditor, or other party asserting rights to the same surplus funds.
Carve-Out: This indemnification obligation does not apply to the extent a claim arises directly from ESG's gross negligence or willful misconduct.
Notice: ESG will provide you with prompt written notice of any claim subject to indemnification and will cooperate reasonably in the defense at your expense. ESG reserves the right to assume exclusive control of any defense, and you may not settle any claim affecting ESG without ESG's prior written consent.
This indemnification obligation survives the termination of these Terms and the conclusion of any service engagement with ESG.
Governing Law & Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below.
Informal Resolution. Before initiating arbitration, you agree to contact ESG at legal@esgassetclaims.com and describe the dispute in writing. ESG will attempt to resolve the dispute informally within thirty (30) days of receiving written notice. If not resolved, either party may proceed to arbitration.
Binding Arbitration. Except as provided below, any dispute, claim, or controversy arising from or relating to these Terms or ESG's services — including questions about the existence, validity, interpretation, breach, or termination of this agreement — shall be resolved exclusively by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, or a mutually agreed alternative provider. Arbitration shall take place in Hillsborough County, Florida, or remotely by mutual agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Small Claims Exception. Either party may bring an individual action in small claims court for disputes that qualify under the applicable jurisdictional and monetary limits, without first engaging in informal dispute resolution.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR ESG MAY BRING ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO HEAR OR ARBITRATE ANY CLASS OR COLLECTIVE CLAIM.
Arbitration Costs. For claims under $10,000, ESG will pay all JAMS filing and administrative fees. For claims of $10,000 or more, JAMS fee allocation rules apply. Each party bears its own attorneys' fees unless the arbitrator finds the claim frivolous or brought in bad faith.
Opt-Out Right. You may opt out of the mandatory arbitration and class action waiver provisions by sending written notice to legal@esgassetclaims.com within thirty (30) days of first entering into a service agreement with ESG. Your notice must include your full name, mailing address, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of these Terms.
Statute of Limitations. Any claim or cause of action arising from or relating to ESG's services must be filed within one (1) year after the event giving rise to the claim, or it is permanently barred, to the extent permitted by applicable law.
Changes to These Terms
We may update these Terms from time to time. The date at the top of this page reflects the most recent revision. Continued engagement with our services after any update constitutes your acceptance of the revised terms. For material changes, we will make reasonable efforts to notify active clients by email or through their client portal.
Contact
For questions about these Terms, please contact us: