Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Barker Brothers LLC, a California limited liability company operating under the trade name Barker Development ("Company," "we," "us," or "our"). By accessing or using our website located at barkerdevelopment.com (the "Site"), submitting an inquiry form, communicating with our team, or engaging our services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, please do not access or use the Site or engage our services. We reserve the right to modify these Terms at any time. Continued use of the Site following the posting of changes constitutes acceptance of the revised Terms.

2. Description of Services

Barker Development provides ultra-luxury custom residential real estate development services in Baja California Sur, Mexico. Our services include, but are not limited to:

• Identification and evaluation of premium land and lot opportunities in Cabo San Lucas, San Jose del Cabo, La Paz, and Loreto
• Architectural design coordination with licensed Mexican and international architects
• Construction management from groundbreaking through final delivery
• Legal coordination with licensed Mexican notarios and financial institutions for fideicomiso trust establishment (see Section 5)
• Interior design and furnishing program coordination (optional add-on)
• Post-delivery property management referrals and short-term rental setup support

All services are provided to clients who have engaged us through a written development agreement. Information provided on this Site, including during free consultations, is general in nature and does not constitute a binding offer, contract, or guarantee of service.

3. Not a Real Estate Brokerage

Barker Brothers LLC is a real estate developer, not a licensed real estate broker or agent. We do not list, market, or sell third-party properties on behalf of sellers. We do not represent buyers or sellers in the purchase or sale of existing properties. We do not provide real estate brokerage services as defined under California Business and Professions Code Section 10131 or under applicable Mexican federal real estate law.

Our services are limited to the development and construction of new custom residential properties on land we have sourced or that clients have independently acquired. If you require licensed real estate brokerage services, you should consult a licensed real estate broker or agent in the applicable jurisdiction.

4. Investment Risk Disclosure

Before making any real estate investment decision, you should:

• Conduct independent due diligence on the property, market, and legal structure
• Consult with an independent licensed financial advisor regarding your investment suitability and risk tolerance
• Consult with a qualified tax advisor regarding the US, Canadian, and Mexican tax implications of foreign real estate ownership
• Engage independent legal counsel licensed in Mexico to review all purchase and development agreements
• Review applicable currency exchange risk, as property values and transactions are often denominated in US dollars but subject to Mexican peso fluctuation for local costs

Barker Brothers LLC does not provide financial, investment, legal, or tax advice. Nothing on this Site or communicated by our team constitutes financial, investment, legal, or tax advice.

5. Fideicomiso and Legal Matters

Foreign nationals (including US and Canadian citizens) wishing to own property within Mexico's restricted zone — which includes coastal areas within 50 kilometers of the shoreline — are required by Mexican law to hold such property through a bank trust known as a fideicomiso. Barker Development coordinates with licensed Mexican notarios públicos and authorized Mexican banking institutions to facilitate fideicomiso trust establishment for our clients.

We do not provide legal advice. Our coordination services are administrative and logistical in nature. All legal documents related to property acquisition, fideicomiso establishment, and development agreements are prepared by, and must be reviewed by, licensed legal professionals under Mexican law.

We strongly recommend that all clients engage independent legal counsel in Mexico — a licensed Mexican attorney (abogado) with experience in real estate transactions — to review all fideicomiso documents, title reports (certificado de libertad de gravamen), and development contracts before signing. Barker Brothers LLC is not responsible for any errors, omissions, or legal complications arising from fideicomiso arrangements or Mexican property law.

The legal framework governing foreign property ownership in Mexico, including the fideicomiso system, is subject to change by the Mexican federal government. Clients are responsible for staying informed of applicable legal requirements.

6. SMS Terms

By providing your phone number and checking the SMS consent checkbox on any form on our Site, you agree to receive SMS messages from Barker Brothers LLC (operating as Barker Development) in accordance with the following terms:

Your consent to receive SMS messages is not a condition of purchasing our services. We will not share your phone number with third parties for their marketing purposes. For full details on how we handle your phone number and personal information, please see our Privacy Policy.

7. Website Use

7.1 Permitted Use

You may access and use the Site for lawful personal and informational purposes in connection with our real estate development services. You may browse content, submit inquiry forms, and download materials made available for public access.

7.2 Prohibited Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms
• Scrape, crawl, or systematically extract data from the Site using automated tools without our prior written consent
• Attempt to gain unauthorized access to any part of the Site, its servers, or related systems
• Transmit any malicious code, viruses, or harmful data through the Site
• Misrepresent your identity, affiliation, or intent when submitting forms or communicating with our team
• Reproduce, republish, or distribute Site content for commercial purposes without our prior written consent
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or its servers

7.3 Third-Party Links

The Site may contain links to third-party websites. These links are provided for your convenience only. We do not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party websites. Accessing third-party sites is at your own risk.

7.4 Accuracy of Information

We endeavor to keep the information on this Site accurate and up to date, but we make no representations or warranties of any kind — express or implied — about the completeness, accuracy, reliability, suitability, or availability of any information, products, services, or related graphics on the Site. Property details, pricing, availability, and specifications are subject to change without notice.

8. Intellectual Property

All content on this Site — including but not limited to text, graphics, photographs, architectural renderings, logos, icons, audio clips, video clips, data compilations, and software — is the property of Barker Brothers LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

The trade name "Barker Development," the Barker Development logo, and all related marks are trademarks or trade names of Barker Brothers LLC. You may not use any of our marks without our prior written consent.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and view Site content for personal, non-commercial use only. No content may be reproduced, republished, distributed, displayed, modified, or transmitted in any form without prior written permission from Barker Brothers LLC.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARKER BROTHERS LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL — ARISING FROM OR RELATED TO YOUR USE OF THE SITE, YOUR ENGAGEMENT OF OUR SERVICES, OR ANY REAL ESTATE INVESTMENT MADE IN RELIANCE ON INFORMATION PROVIDED BY US.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO BARKER BROTHERS LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability for fraud, gross negligence, or willful misconduct.

No Warranty: The Site and all information, content, and services are provided "as is" and "as available" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California and applicable federal law of the United States, without regard to its conflict-of-law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our services shall be resolved as follows:

• Informal resolution: Before initiating any formal proceeding, both parties agree to attempt good-faith resolution of any dispute by contacting the other party in writing and allowing 30 days for a response.
• Arbitration: If informal resolution fails, disputes shall be resolved by binding arbitration administered by JAMS under its then-current Commercial Arbitration Rules, conducted in Los Angeles County, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Class action waiver: You agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class action, collective action, or representative proceeding.
• Exceptions: Either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.

You consent to the personal jurisdiction of the state and federal courts located in Los Angeles County, California for purposes of any proceeding not subject to arbitration.

Note regarding Mexican property law: Transactions involving real property located in Mexico are additionally subject to applicable Mexican federal, state, and municipal law. Nothing in these Terms supersedes your obligations under Mexican law in connection with any property transaction in Mexico.

11. Contact Information

If you have any questions about these Terms and Conditions, or wish to report a concern regarding our Site or services, please contact us: