Transaction Coordination Terms of service.
Earth To Agents Transaction Coordination (hereinafter “ETA-TC”) is a service offering independent transaction coordinator services to real estate brokers and agents.
When a real estate broker or real estate agent (“Agent”) submits a completed ETA-TC sign up form and after ETA-TC confirms the registration via email, the file is registered and ETA-TC becomes an independent service provider to assist that Agent with coordinating the Agent’s real estate transaction and ETA-TC will provide its services specific to the Agent’s representation, either as a buyer’s agent or seller’s agent.
THIS AGREEMENT (the “Agreement”), is entered into upon new contract submission by and between:
EARTH TO AGENTS, LLC, (hereby known as "ETA"), and Agent (hereby known as the "AGENT");
WHEREAS, the AGENT desires to hire the services of EARTH TO AGENTS, LLC to render services to Transaction Coordination;
NOW, THEREFORE, for and in consideration of the mutual covenants made by the parties hereto, the Parties to this agreement agree as follows:
The Services
ETA agrees that it shall exercise reasonable effort and due diligence to render services to the AGENT on matters pertaining to Transaction Coordination (the “Services”).
ETA will act ONLY as the Transaction Coordinator on all hired transactions. ETA is NOT the acting real estate licensee with regards to the property transactions and THEREFORE is not responsible as such.
The AGENT will complete all other aspects of the transactions and work with all parties to ensure cooperation with the ETA Transaction Coordinator assigned to these transactions.
Compensation and Payment
All agents are required to pay a $50 start up fee on all transactional services. All start-up fees will go towards the full price of the service with the exception of offers, terminations, listings Unless otherwise agreed upon by written agreement, the AGENT shall provide payment to ETA for Services as outlined:
Offers/ Doc Prep - $65
3 Offer Bundle - $99
Termination - $55
Listing Publication- $65
Listing + Transaction Assistance - $200
Listing Withdrawal -$65
Contract to Close - $400
Compensation and Payment regarding Release and Cancellations
Should the transaction release and cancel after the inspection contingency date, the AGENT will incur a $150 charge for services rendered.
Should the transaction release and cancel within 72 hours (3 days) of the contractual closing date, full services will have been considered rendered, and the AGENT will be charged the full Transaction service fee.
Term
This Agreement shall commence upon assignment of each transaction, unless otherwise terminated by ETA or the AGENT or by mutual agreement of the parties herein. Payment for transaction services will be due upon contract closing. Payment for Listing Input will be due at time of service.
Termination
In the event that the AGENT desires to terminate the Services of ETA hereunder, the AGENT shall submit a letter to ETA in not less than 7 (seven) days prior to the desired date of termination. All monies receivable by ETA shall be due and demandable. Termination of Services to pending transaction(s) by the AGENT will be charged a $150 cancellation fee on each transaction.
In the event that a law or regulation is passed, the operation or implementation of which would result in the non-execution of the obligation of any of the parties to this Contract, shall automatically result to expiration and be deemed terminated upon the date of its occurrence.
Confidentiality
ETA agrees to refrain from disclosing to any third party any details regarding the AGENT's business, including any information regarding any of the AGENT's customers and businesses.
ETA shall not disclose, transmit, or convey, wholly or partially, the confidential information to any third party without the written consent of the other party.
The foregoing notwithstanding, in the event that the recipient of the confidential information is legally compelled or required by any governmental body, court, or competent authority to disclose any such confidential information, if shall promptly notify the other party so that the latter may be able to seek a protective order or avail itself of other appropriate remedies and/or waive compliance with the provisions hereof. The provisions of this section shall survive the termination of this Contract for whatever reason.
Indemnification
AGENT IS OBLIGATED AND AGREES TO PERFORM THE FOLLOWING TASKS ON EVERY TRANSACTION
A. Obtain Buyer, Seller and Agents' signatures on all mandatory contract documents and disclosures as well as respective addendums to the contracts on the date that the contracts were negotiated or as applicable.
B. Register a listing or sale transaction or both with complete information within 2 days of the date that the listing or a sales contract was signed and accepted, by providing the fully executed listing and/or sales contract documents and respective addendums
C. Review and Approve all contracts before being submitted
D. Alert the ETA-TC regarding any escrow amendments that occur during the transaction.
E. Negotiate and fully execute any and all addendums, requests for repairs and/or notices to perform with the Buyer and Seller.
F. Provide or facilitate documents and signatures to documents as requested by the ETA-TC during the course of the transaction.
G. Immediately notify ETA-TC Coordinator in the event of a cancellation of listing or sale.
H. Arrange any and all property inspection appointments time with the pertinent parties and vendors.
The AGENT is ultimately responsible for acquiring the appropriate signatures of all parties involved in the transactions and returning documentation to ETA.
The AGENT agrees that they will abide by any and all state and federal laws as applicable to these types of transactions and that they are duly licensed by the appropriate entities.
The AGENT hereby agrees to release ETA from any and all liabilities that may arise by virtue of these real estate transactions and the AGENT further agrees to indemnify, defend and hold ETA harmless from all claims, disputes, litigation, judgments, and attorney fees that may arise in connection with these transactions and also from any incorrect information supplied by third parties to ETA, or from any material facts that third parties know but fail to disclose to ETA.
AGENT AUTHORIZES AND AGREES THAT ETA-TC IS RESPONSIBLE FOR:
A. Contact and maintain communications with all parties to the transaction, including but not limited to: the Cooperating Agent, the Escrow holder, the Inspectors, the Buyer and/or the Seller.
B. Request, receive and retain copies of all documents related to the transaction, included but not limited to: Listing Agreement, Purchase Agreement, Addendums, escrow instructions, preliminary title report, mandatory reports, inspections, verifications, executed disclosures and general communications.
C. Review such documents for completion and request completion/corrections from pertinent parties via email,electronic signature software, or as requested.
D. Request, receive and obtain signatures from Buyer, Seller and Agents on all real estate disclosure documents
and appropriate waivers.
E. Order the home warranty policy, mandatory reports and termite inspections, as appropriate.
F. Alert Contracting Agent of contractual contingency deadlines and follow Agent's instructions regarding follow up action.
G. Invoice to and collect payment from the AGENT or escrow holder for transaction coordination services.
H. Archive the complete or canceled transaction file.
I. Deliver via email to Agent’s Broker and Agent a link to a shared PDF file which Broker and Agent can download via any preferred electronic platform as requested.
Agreement Modification
No modification or alteration on this Contract shall be considered as having been made unless done with consent by the Parties and fully executed in writing and duly signed by the Parties hereto.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, to the exclusion of the other federal and state courts.