OfflineHere is one of the best Bird Dog agreements that i have seen. Charlie
Bird Dog Consulting Agreement
This Agreement is made effective as of __________________ 20____, by and between _____________________ (Investor, hereinafter “Company“), Located at: _________________________________________¬¬___________________________________ (Address)
In this Agreement, the parties who are contracting to receive services shall be referred to as the “Company” and the party who will be providing the services shall be referred to as the "Consultant".
The Company desires to have services provided by the Consultant. Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Beginning on _______________20____, the Consultant will
provide the following services (collectively, the "Services"): a real estate locator, referral and contact service.
2. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by the Consultant shall be determined by the Consultant. The Company will rely on The Consultant to work as many hours as may be reasonably necessary to fulfill the Consultant’s obligations under this Agreement.
3. PAYMENT. The Company will pay to the Consultant a fee in the following two circumstances:
(a) Property Leads. When the Consultant introduces a property to the Company and there is no real estate agent or Realtor already listing the property for sale, and the Company then purchases the property, the sum of $500.00 will be paid to the Consultant by way of a Bird Dog Fee (“the Fee”). The Consultant understands and agrees that the Fee will be paid to Consultant at the time of closing on the said property to a third party. The Consultant understands that every effort will be made by the Company to close on the Property in a timely manner.
(b) Realtor Leads. When the Consultant introduces a real estate agent or Realtor to the Company who then engages with and sells properties with and for the Company, the Company agrees to pay to the Consultant the following:
1-5 Properties: .5% of the net proceeds of the sale price of said properties.
6-10 Properties: 1% of the net proceeds of the sale price of said properties.
11+ Properties: 1.5% of the net proceeds of the sale price of said properties.
The Company requires the Consultant to provide it with an invoice at the time of closing on the properties, and the Company agrees to provide to the Consultant a draft invoice for this purpose. Upon termination of this Agreement, payments under this paragraph shall cease; provided, however, that the Consultant shall be entitled to payments for periods or partial periods that occurred prior to the date of termination and for which the Consultant has not yet been paid.
4. TERM/TERMINATION. This Agreement shall terminate automatically upon completion by the Consultant of the Services required by this Agreement.
5. RELATIONSHIP OF PARTIES. It is understood by the parties that the Consultant is an independent contractor with respect to each, and not an employee the Company. The Company's business shall not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of the Consultant under this Agreement.
6. EMPLOYEES. The Consultant's employees, if any, who perform services for the Company under this Agreement shall also be bound by the provisions of this Agreement. At the request of the Company, the Consultant shall provide adequate evidence that such persons are the Consultant's employees.
7. CONFIDENTIALITY. The Company recognizes that The Consultant has and will have the following information:
- prices
- costs
- future plans
- business affairs
Also, other proprietary information (collectively, "Information") which are valuable, special and unique assets of the Company and need to be protected from improper disclosure. In consideration for the disclosure of the Information, the Consultant agrees that the Consultant will not at any time or in any manner, either directly or indirectly, use any Information for the Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Company. The Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
8. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears that The Consultant has disclosed (or has threatened to disclose) Information in violation of this Agreement, The Company shall be entitled to an injunction to restrain the Consultant from disclosing, in whole or in part, such Information, or from providing any services to any party to whom such Information has been disclosed or may be disclosed, notwithstanding that this Agreement is not exclusive to the Company, and the Consultant shall be allowed to use such confidential information under identical agreement with any other third party who may be interested in purchasing the Company’s Property up to and until the time the Company have entered into their agreement(s) to consummate a financial transaction. The Company shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
9. CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF for The Company: __________________________________________________________
IF for The Consultant: _________________________________________________________
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of ____________.
Party receiving services:
____________________________________________________________ [Company]
By:
Name:
Phone:
Party providing services:
[Consultant]
By:
Name: ______________
Phone: _____________
If you would like the chance to work with me or one of my fellow real estate investor coaches and our advanced training programs, give us a call anytime to see if Dean's Real Estate Success Academy and our customized curriculum is a fit for you. Call us at 1-877-219-1474 ext. 125
I agree that this is one of the best agreements that I have come across.
I will run it by my attorney to see what he has to say or add.
Thanks.
Valiant
Hello Michael. I am investor out in Tx and some deals I pass on meet your criteria. Would you be interested in taking a look at some of them. Again I am located in Tx, but the deals are in Tx, Az, Fl, and Ca. Give me a call or e-mail me so I can forward the specifics to you. Thank you
Trina 817-846-0098 tlcexperts2000@****
"Building Wealth 1 Property At a Time..."
I'm a CA investor, PM me if you have anything my way.
P.S. - Everything else is immaterial, irrelevant, and unnecessary.
I like this contract agreement. I am going to start using it. I made some edits to suit my needs , and I find it very useful.
Varnie Jules
Will definitely use this contract thank you.
Aaron-n-Suzy
Hi there! I read your message. I'm doing the same thing like you are; Assignment of Contracts. I'm just starting out in this field sense March. I know it's taking too long on closing a contract, but, I must familiarize myself on what the rules are. I haven't closed on a deal yet, but, maybe, by you giving me a few pointers, then I'll be on my way on closing out my first deal. Well, looking foward to hear from you. Take care! Eric.
Hi there! In your opinion, what's the difference in Birdoging and Assignment of Contracts? Will be waiting for your response. Thank you.
The agreement at the lead of this post concerns me a little as the languaging relating to payment relates more to the sale of properties by the company rather than to the acquisition of properties. Some slight modifications would be helpful to this end. Otherwise it is an outstanding form (of course I cannot recommend that a person use any specific form because I am not a licensed attorney). I will, however, provide an additional form that could be used, of course, subject to review by your trusted attorney. I'll do so as an additional post.
Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall
Bird Dog/Consulting Agreement
On this _____day of _____________, 20 ________, the Parties, _______________________________________________(Investor) hereinafter referred to as "Investor" and ___________________________________________________(Consultant) hereinafter referred to as "Consultant" enter into an agreement for the sale and receipt of addresses of potential investment properties, and for other good and valuable consulting services by Consultant leading to the purchase of investment properties by Investor.
The Investor agrees to pay the consultant the sum of $_________________ for each of the _____ (Total number of properties included in Property Address List below) addresses, and only the addresses included in the Property Address List below. Investor agrees to pay in full the sum of $____________________ to Consultant upon receipt of said addresses.
Investor also to agrees to pay Consultant $_______________________ as compensation for real estate locator, referral and contact services, for each property that is purchased from the attached list of property addresses, by Investor, or any entity in which Investor holds ownership, or by any individual or entity to whom Investor refers said property address.
The Consultant agrees to provide the addresses of potential investment properties that fit within the predetermined guidelines set forth and agreed upon by both Investor and Consultant. Investor agrees Consultant is not responsible for providing additional research or information regarding said properties, unless otherwise agreed upon and included as additional terms of this agreement. Investor agrees Consultant does not warrant or guarantee the investment potential, condition, or level of financial, physical, or other distress of any property or property’s owners. Consultant agrees to waive and relinquish all further claims, beyond the terms and compensation specified in this agreement, both monetary and non-monetary, against the properties included herein in the Property Address List provided to Investor.
Property Address List:
1)
2)
3)
4)
____ Check if an additional Property Address List is attached. Number of properties on attached list is ______________.
Signed and agreed to on this date by the above parties:
Investor: ___________________________________________________________________________ Date: __________________________________
Consultant: _________________________________________________________________________ Date: __________________________________
Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall
Thanks for sharing such a great contract which I can use. I had to copy it real quick and save it.
Thanks again
TC
Miami Florida
"If you are not doing something that help the universe or God or your family, or YOU, is that something you should still be doing?"-Dean Graziosi
"Each day do one thing to get you closer to your dreams because if you do today what others are not willing to do, then tomorrow you can do those things that others are only dreaming about doing!"- Joe Jurek
Follow me on my road to being a BILLIONAIRE http://bit.ly/1q7aOFX
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Thanks for your comment TC, glad to help. If I could make one suggestion, it would be to completely eliminate the words Bird Dog from the title. It will sound more professional without that term, and we are starting to steer away from using it. As a consultant you have the latitude to provide information to an individual or business that helps to further their interests. Sometimes the term Bird Dog comes across with negative connotations--this is simply a way to raise the bar professionally and steer clear of any perceived negatives.
Best wishes to all for your success.
Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall
Oh yeah I totally agree with you coach. Good stuff:)
Best of Luck to you as well
TC
Miami Florida
"If you are not doing something that help the universe or God or your family, or YOU, is that something you should still be doing?"-Dean Graziosi
"Each day do one thing to get you closer to your dreams because if you do today what others are not willing to do, then tomorrow you can do those things that others are only dreaming about doing!"- Joe Jurek
Follow me on my road to being a BILLIONAIRE http://bit.ly/1q7aOFX
Go LIKE my official facebook page http://on.fb.me/1qQGO6i
It seems we are constantly reminding people in the program of the two biggest things that create problems for you from a legal or financial standpoint. Those two things are:
1) Using a backout clause in your offers that will legally allow you to terminate an agreement, if necessary, and get your Earnest Money Deposit back with the least amount of issues or delays.
2) Avoiding the illegal position of acting as a real estate agent without a license.
I'm not going to discuss the backout clause here, but I will discuss the 2nd item, and the two ways that this can be circumvented.
You are NOT acting as an agent without a license, if you:
A) Have a signed purchase or option contract on the property--you are acting as a principle, with an equitable ownership in the property, so make sure that you have a signed contract on any property that you plan to assign or resell on a double closing BEFORE you provide any specific information to any potential cash buyer.
B)Are acting in an employee-like relationship with a buyer on any properties that you are bird-dogging.
Since we are discussing bird-dogging here, your best position is to arrange a consultant type position with your cash buyers, where you are playing a finders role, supplying data on a property, and then exiting your involvement as soon as the buyer begins communicating and negotiating directly with the agent or seller. It is advised that you be able to show a pre-established consultant relationship with the buyer if asked, with regard to the properties you refer. It is a good idea to have your cash buyers sign a non-circumvent agreement, and make sure that it in some way references a consultant relationship that you are establishing. Then, with each list of properties you provide to the cash buyer, you use an agreement that refers to you as their consultant.
Real estate agents are highly protective of their domain, and it is to your advantage to make sure that you have a well-established paper trail in the event that one of them wants to complain to the Board of Realtors or other authority that you are doing something illegal. I love being well prepared, and basically making them look petty in these circumstances, they will back right down and be very compliant, and usually extremely helpful to you after they have embarrassed themselves.
Dallin Wall
Real Estate Training Team
Forum Blog Location--A collection of my
"Best of" posts:
http://www.deangraziosi.com/blogs/dwall
BUMP TO THE TOP
HELLO EVERYONE MY NAME IS SAMIRA AND I'M LOOKING TO FOR SOMEONE IN NEED OF BIRDDOG. IF YOU NEED THIS SERVICE IN MASSACHUSETTS( NEW BEDFORD, FALL RIVER, FAIRHAVEN, DARTMOUTH, SOMERSET, WAREHAM, MATTAPOISETT, MARION, BROCKTON, TAUNTON AND ALL OVER BOSTON)
PLEASE CONTACT ME AT myrealestate30@****. I WILL DO ALL I CAN TO BRING YOU THE BEST DEAL POSSIBLE.
samira semedo
Thank you all this has been informative and I like your birddog contracts! I'm just starting out and this will be very helpful to me!
I would love to bird dog for anyone on this thread-I live in the southern most region of the united states and see a lot of properties with potential. I think this contract is appropriate though I think it would be possible to negotiate a different fee depending on properties--I would be happy to hear from you to discuss these things:
Thank you and God Bless,
bird puppy