Posted by Charles Parrish on April 04, 2006 at 07:23:54:
The following are forms that we use for Locators. There is a more basic form to protect your interest from circumvention and disclosure. Let me know if you need that. Wishing you good luck.
Non-Circumvention, Non-Disclosure and Confidentiality Agreement
THIS AGREEMENT entered into on this _______ day of ________, 2006 is for the Professional Association and arrangement of Non-Circumvention, Non-Disclosure and Confidentiality between
Charles D. Parrish, known as ?Buyer?, whose office is at 6721 Harford Road, Baltimore, Maryland 21234,
And ________________________________________________________________ known as ?Consultant?.
whose principal place of business is at _______________________
hereinafter called ?The Parties?.
The Parties agree to respect the integrity and tangible value of this agreement between them.
THIS AGREEMENT is a perpetuating guarantee for six (6) months from the date of execution and is to be applied to any and all transactions present and future, of the introducing party, including subsequent follow-up, repeat, extended, renegotiated, and new transactions regardless of the success of the project.
Because of THIS AGREEMENT, the Parties involved in this transaction may learn from one another, or from principals, the names and telephone numbers of investors, borrowers, lenders, agents, brokers, banks, lending corporations, individuals and/or trusts, or buyers and sellers hereinafter called contacts. The Parties with this acknowledge, accept and agree that the identities of the contacts will be recognized by the other Party as exclusive and valuable contacts of the introducing Party and will remain so for the duration of this agreement.
The Parties agree to keep confidential the names of any contacts introduced or revealed to the other party, and that their firm, company, associates, corporations, joint ventures, partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees, or consultants will not contact, deal with, negotiate or participate in any transactions with any of the contacts without first entering a written agreement with the Party who provided such contact unless that Party gives prior written permission.
Such confidentiality will include any names, addresses, telephone, telex, facsimile numbers, and/or other pertinent information disclosed or revealed to either Party.
The Parties agree not to disclose, reveal or make use of any information during discussion or observation regarding methods, concepts, ideas, products/ services, or proposed new products or services, nor to do business with any of the revealed contacts without the written consent of the introducing party or parties.
The Parties agree that due to the many variables surrounding each Business/Financial Transaction that will occur because of this agreement, the commission to be paid and/or the fee structure between the Parties can vary. A separate fee/commission agreement will outline compensation for each Business/Financial Transaction. The fee or commission agreement must be drafted and acknowledged by signature before all Business/Financial Transactions.
In case of circumvention, the Parties agree and guarantee that they will pay a legal monetary penalty that is equal to the commission or fee the circumvented Party should have realized in such transactions, by the person(s) engaged in the circumvention for each occurrence. If either party commences legal proceedings to interpret or enforce the terms of THIS AGREEMENT, the prevailing Party will be entitled to recover court costs and reasonable attorney fees.
The Parties will construe THIS AGREEMENT in accordance with the laws of the Sate of where the property is located. If any provision of this agreement is found to be void by any court of competent jurisdiction, the remaining provisions will remain in force and effect.
THIS AGREEMENT contains the entire understanding between the Parties and any waiver, amendment or modification to THIS AGREEMENT will be subject to the above conditions and must be attached hereto.
Upon execution of THIS AGREEMENT by signature below, the Parties agree that any individual, firm, company, associates, corporations, joint ventures partnerships, divisions, subsidiaries, employees, agents, heirs, assigns, designees or consultants of which the signee is an agent, officer, heir, successor, assign or designee is bound by the terms of THIS AGREEMENT.
A facsimile copy of this Non-Circumvention, Non-Disclosure and Confidentiality Agreement shall constitute a legal and binding instrument. By setting forth my hand below, I warrant that I have complete authority to enter into THIS AGREEEMENT.
FINDERS/CONSULTANT FEE: As negotiated per property offered at the time of the disclosure
Any type of real estate or business opportnity with real estate that would yield a small short term profit: commercial, apartments, land, lots, sub-division, farms, land with potential re-zoning upgrade, water, late stram or pond fronts, and non-conforming properties.
6721 Harford Road
Baltimore, Maryland 21234
Fiduciary ?s Consultant Agreement
THIS AGREEMENT made this ____day of _____ 2005 by and between Charles Parrish, agent of an LLC to be created, of 6721 Harford Road, Baltimore, Maryland 21234, hereinafter referred to as ?Client? ,
and ___________________________________________hereinafter referred to as Consultant (Fiduciary).
NOW THEREFORE, in consideration of the following and of their mutual promises and agreements, the parties to this Agreement agree as follows:
WHEREAS Client is in the business of real estate investing and other real estate related activities. Client has acquired a reputation for fair dealings and enjoys the goodwill of the public. Consultant desires to associate with Client for the purpose of procuring real estate for Client and to advance each others financial position.
WHEREAS Consultant encounters during the course of business, persons involved in the purchase, sale, option, assignment, liquidation, for sale by owner, bank owned properties and mortgages, expired real estate and others who have interest in real estate. Consultant wishes to refer properties to Client for the furtherance of their business pursuits of Client and Consultant as individuals and not parties of a legal transfer. Consultant agrees to refer certain CONTACTS to Client for the purpose doing real estatsae transactions.
NOW THEREFORE, in consideration of the mutual promises and agreements it is agreed as follows:
- That this Agreement does not constitute a hiring by either party
- Should Client/ purchase or contract to sell any property referred to Client by private treaty or public auction,upon settlement of same, Consultant will be entitled to and will be paid at time of settlement a percentage based on the acquisition price of the property up to 5%, or as agreed at time the referral is presented to Client.
- All fees are calculated on a net basis to Client at time of settlement.
- This Agreement may be terminated by either party upon verbal or written notice.
- Consultant agrees to meet with or talk to Client at certain intervals for marketing advice or training sessions in order to advance their skills as a Consultant and to better represent Client.
- It is understood that Consultant and Client have entered into this agreement in order to advance their networking business and increase their income and that there has been a meeting of minds of all parties.
- Client agrees to submit a verbal or written activity report to the Consultant on every property referred.
8 It is understood that Consultant is representing Client as a fiduciary representative and will conduct themselves ethically, and professionally at all times during real estate inquiries, solicitations, advertisements, publications or negotiations, and that Consultant will have the Client best interest during contact will owners of suitable properties for Client, and will be honest in all negotiation with s, sellers, lenders, agents and others, and will make full disclosures where necessary.
- TYPES OF PROPERTIES DESIRED: Client prefers real estate that is not listed; For Sale by Owners, Expired Listings, Self generated real estate referrals, pending foreclosures/tax sale certificates, bank owned properties, mortgage notes and deed of trusts (current or in default). Will consider non-conforming real estate, marinas, commercial, apartment houses, farms, land, lots, subdivisions and businesses with real estate.
- It is understood, that it is not the intention of the parties in this agreement to circumvent a commission, fee or
legal obligation that is due any real estate broker, if you are a licensee working as a real estate agent, your
agreement with your broker to split commission, fees or any equity in a legal agreement relating to this
agreement is an integral part of this agreement and it is expected that as a Consultant that you will honor
your moral and legal obligation to your broker to split fees.
_____________________________________________________________(SEAL) Date ____________________
_____________________________________________________________(SEAL) Date ________
Charles D. Parrish, Client
6721 Harford Road
Baltimore, Maryland 21234, 443-253-3886 ? Cell, 410-426-6000?Office, 410-426-8000 ?Fax
From the book: Real Estate Control, Offers and Creative Formulas for Fun & Profit (being assembled)
Investors United School of Real Estate
6721 Harford Road
Baltimore, Maryland 21234
DISCLAIMER: The contents and any attachments hereto are intended only for use by the addressee(s) and may contain legally privileged and confidential information. Any dissemination, distribution, or copying of this e-mail or attachments is strictly prohibited. The sender does not accept liability for errors or omissions in the content and is not in the business of rendering legal or accounting advice.