Homebuyers Guide

Homebuyers Guide

Provider Name:    Client Name:

RECITALS

WHEREAS, Provider is engaged in the business of providing advisory services, written guidance and procedural checklists to prospective purchasers of residential real property; and

WHEREAS, Client desires to receive the Homebuyers Guide materials and associated advisory services described in this Agreement and Provider is willing to provide such materials and services under the terms set forth below;

WHEREAS, the parties intend for this document to set forth both a practical Homebuyers Guide and the contractual allocation of responsibilities, payment, confidentiality and dispute resolution governing the relationship between Provider and Client.

SCOPE OF WORK

Provider shall deliver a Homebuyers Guide comprising written materials, process checklists and up to three (3) hours of advisory consultation to assist Client with the acquisition of residential property identified below. The Guide addresses typical stages of purchase including budgeting, mortgage pre-approval, property search, offer preparation, due diligence (including inspections and title review), and closing procedures.

BUYER RESPONSIBILITIES AND ACKNOWLEDGMENTS

Client agrees to provide accurate financial and personal information necessary for Provider to prepare the Guide and to participate in scheduled consultations. Client acknowledges that Provider is not a lender, attorney, title company or home inspector and that Provider's materials do not substitute for professional legal, tax or inspection advice.

Client confirms the following (check applicable boxes):

I will provide accurate financial information to Provider.
I understand Provider does not provide legal or inspection services.
I will cooperate with scheduling of consultations and document delivery.

PAYMENT TERMS

Client shall pay Provider the fee set forth below in consideration for the Guide and related advisory services. All fees are exclusive of any taxes required by law.

If Client fails to make any payment when due, Provider may suspend delivery of services and materials until all outstanding amounts are paid. Client shall be liable for all reasonable collection costs and any applicable interest.

TERM AND TERMINATION

This Agreement commences on the Start Date below and continues until the earlier of completion of the Scope of Work or the End Date below, unless earlier terminated in accordance with this section.

Start Date:    End Date:

Either party may terminate this Agreement for material breach by the other party if the breach remains uncured for a period of days after written notice specifying the nature of the breach. Provider may also terminate immediately upon non-payment by Client.

CONFIDENTIALITY

Each party acknowledges that during the performance of this Agreement it may receive Confidential Information of the other party. "Confidential Information" means non-public information identified in writing as confidential or that reasonably should be understood to be confidential given its nature.

Each party shall: (a) use Confidential Information solely to perform obligations under this Agreement; (b) restrict disclosure to employees, agents or subcontractors who have a need to know and who are bound by confidentiality obligations at least as protective as those herein; and (c) take commercially reasonable measures to protect Confidential Information. Confidential Information does not include information that is or becomes publicly available other than through breach of this Agreement, independently developed by the receiving party without use of the disclosing party's Confidential Information, or rightfully obtained from a third party without obligation of confidentiality.

LIMITATION OF LIABILITY

EXCEPT FOR BREACH OF CONFIDENTIALITY OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, AND THE AGGREGATE LIABILITY OF PROVIDER ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY CLIENT TO PROVIDER UNDER THIS AGREEMENT.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Venue for any dispute shall be an appropriate state or federal court located within that state.

ENTIRE AGREEMENT

This document, including any exhibits and written statements of work incorporated herein, constitutes the entire agreement between Provider and Client with respect to the subject matter and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other party, except that Provider may assign to an affiliate or in connection with a sale of substantially all of Provider's assets.

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