Terms and Conditions Services Agreement

Independent Transaction Coordination Services Agreement

Effective Date Defaults to eMail Engagement Date

Agent Name Defaults to Agent Initiating eMail Engagement

Property Address Defaults to Address Noted In Engagement

This Service Agreement (“Agreement”) is entered into between Assistant.RealEstate ("Company") and the undersigned client ("Agent") for the provision of Transaction Coordination (“TC”) services.

1. Scope of Basic TC Services ($575 Flat Fee)

Assistant.RealEstate provides document coordination support for residential and commercial real estate transactions from pre-listing/offer through post-close, for one side of the transaction, as outlined below:

Preparation of ZipForms, Disclosures.io, and electronic Broker compliance files under Agent's direct instruction
Listing/Offer agreement document preparation for either wet or electronic signatures via DocuSign
Coordination and submission of documents against the Broker’s compliance checklist
Ordering of:
- Preliminary Title Report
- Color Plot Map
- Natural Hazard Disclosure (NHD) Report
- HOA Documents via HomeWise (only if payment and delivery by email are enabled)

Agent must provide the following before these services can be completed:

Legal Name of Client(s) and Client Designated for Fillable Disclosures
Preferred escrow officer (to initiate Preliminary Title Report)
Preferred NHD provider (to order the Natural Hazard Disclosure Report)
Access to Appropriate Applications (to obtain, produce, and coordinate digital documents and signatures)
Homeowner’s Association name (to request HOA documents)

Agent is responsible for all other report orders (e.g., inspections, staging, third-party scheduling, payment) as well as final product review and confirmation of completeness and accuracy.

Post-ratification, the TC will manage the coordination of:

Follow-up signatures
Outstanding Broker-required documentation, per the checklist and Agent direction

Communication preference is via email, with a standard response time of 48 business hours.

This service includes support for:

Up to two seller signatories and two buyer signatories
Up to two agents within the same brokerage (if no additional file requirements per agent exist)

2. Optional Add-On Services ($75 each unless noted)

These services are available a la carte upon request:

Formal summary of ratified purchase agreement
Final Dropbox transaction file
Signature pages only for buyer offer preparation
Disclosures.io file sorting and renaming
Additional signatories ($75 per signatory)
Additional units (Apartments, Duplex, Fourplex) ($75 per unit)
Assignment of file to another Buyer/Seller Under Same Contract
Special Projects (negotiable)
ZipForms and DocuSign Templates ($250 each)
MLS Entry Support ($150 each)
Separate compliance file for additional agents (if required by brokerage; price determined per individual circumstance)

3. Agent Responsibilities

Agent agrees to provide clear and accurate instructions regarding the preferred signature method (wet vs. electronic) and all other document preparation details prior to the start of work. If revisions or rework are required due to incomplete, inaccurate, or changed instructions—such as switching signature methods after documents have been prepared—these will be considered outside the scope of the basic flat-fee service. At the Company’s discretion, significant or repeated rework due to Agent error or client indecision may incur additional charges or require a shift to an hourly or project-based billing structure. Agent further agrees to:

Coordinate Managing Broker introduction and onboarding approval of using outside TC
Provide complete and timely instructions for all requested actions
Provide proactive updates on timelines and file strategy and concerns
Submit documents in individual PDF format, not bulk files, to support efficient processing
Handle all contractual dates, disclosures, and negotiations personally or through their brokerage
Schedule services in advance; TC services are not intended for emergency use or last-minute file rescue

4. Use of Technology & Intellectual Property

Assistant.RealEstate uses a combination of Agent-provided platforms (e.g., ZipForms, MLS access, brokerage portals) and Company-owned platforms (e.g., Disclosures.io, DocuSign, broker file systems) to complete TC services.

Access to third-party platforms provided by the Agent is used solely for the purpose of executing contracted services.

All work product created by the Company—regardless of which platform it is created within—remains the intellectual property of Assistant.RealEstate. This includes, but is not limited to:

Custom workflows
File structures and organization
File naming conventions
Signature templates
Communication templates
Checklists and compliance procedures

Access to any such work product is revoked upon termination of services, and the Agent may not replicate, retain, or reuse these materials without written permission.

5. Service Limitations

TC is working as an unlicensed assistant function - see CAR Unlicensed Assistant guidelines attached
TC does not provide legal advice, negotiation strategy, or contract coaching
All decisions and communications regarding contract interpretation and negotiation must be handled by the Agent and/or their Broker
Company does not accept responsibility for any delays, errors, or omissions resulting from incomplete or inaccurate instructions

6. Payment Terms

Full TC service fee of $575 is due upon booking, as files are front-loaded and staffing is allocated based on bookings
As a courtesy, payment may be made through escrow when possible
If service is terminated early (by either party), full payment remains due immediately

A loyalty discount may be offered at the discretion of the Company for Agents who regularly utilize services for both purchase and listing files.

7. Late Fee Policy and Short Payment Clause

Late Payment Fee
In the event that payment is not received within 15 days of the due date, a late fee of 1.5% of the outstanding balance will be charged per month (or the maximum allowable rate under California law). This fee will accrue until the balance is paid in full. Payments made after 15 days will be subject to this late fee.
Short Payment
If an invoice is paid in part (i.e., a short payment), the remaining balance is due immediately. If the remaining balance is not settled within 15 days of the short payment, it will be added to the next invoice and treated as part of that payment.

A 5-day grace period will be honored before late fees apply, unless otherwise arranged in writing

8. Compensation Ethics & Payment Independence Clause

In alignment with federal anti-kickback statutes and California Business and Professions Code § 10176(g), which prohibit compensation arrangements that may constitute inducements, bribes, or improper influence over a transaction, payment for Transaction Coordination services is due in full regardless of whether the transaction closes.

Assistant.RealEstate does not base its compensation on the success or failure of the deal, as doing so may violate ethical standards and compliance laws. Payment is owed for work rendered and project engagement, not outcome.

9. Termination & Ethics Clause

The Company reserves the right to terminate services at any time if:

The Agent fails to uphold their responsibilities
There is a breakdown in communication
The Agent engages in unethical behavior, including but not limited to misrepresentation, pressure to perform unlawful acts, discrimination, or harassment

In such cases, the full service fee remains due, regardless of the status of the transaction.

10. File Retention and Privacy Policy

File Retention
While the Broker Compliance file is considered the final work product and formal file, in compliance with California Department of Real Estate (DRE) regulations, Assistant.RealEstate will retain all transaction-related documents and records for a period of at least three (3) years from the date of the transaction's completion or final closing. This includes, but is not limited to, signed agreements, disclosures, and other documents involved in the real estate transaction.
Document Destruction
After the retention period has elapsed, all documents will be securely destroyed unless otherwise instructed by the Agent or required by law to retain certain records for a longer period.
Confidentiality and Privacy
Assistant.RealEstate acknowledges and agrees to maintain the confidentiality and security of all Agent, client, and transaction-related information. All documents and personal data will be stored securely, in accordance with California Consumer Privacy Act (CCPA) and other applicable privacy laws.
- Documents are stored on Company-provided platforms (e.g., DocuSign, Disclosures.io, etc.), which are encrypted and compliant with privacy and security standards.
- Access to data is granted solely to authorized parties involved in the transaction. All data is handled with the utmost discretion and in strict compliance with California privacy regulations.
Data Access and Request
Agents or clients may request access to any retained documents in accordance with applicable California laws. Requests should be made in writing, and the Company will respond within a reasonable time frame in accordance with legal requirements.
Data Breach Protocol
In the event of a data breach, Assistant.RealEstate will notify affected parties immediately in accordance with applicable law, including the California Data Breach Notification Law (Civil Code § 1798.29). Steps will be taken to mitigate any harm resulting from unauthorized access.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are caused by conditions beyond their reasonable control, including but not limited to acts of God, government restrictions, natural disasters, pandemics, labor strikes, power outages, internet or communications failures, or acts of terrorism or war (“Force Majeure Event”). In the event of a Force Majeure Event, the affected party shall promptly notify the other in writing and shall use reasonable efforts to resume performance as soon as practicable.

12. No Interpretation Against Drafter

This Agreement shall be deemed to have been drafted jointly by both parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

13. Notices

Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed effectively given: (a) upon personal delivery; (b) upon deposit with a nationally recognized overnight courier, with written confirmation of delivery; or (c) via email with confirmation of delivery or read receipt. Notices shall be sent to the parties at the contact information provided in this Agreement, unless updated in writing by either party.

Agent: Defaults to Agent Initiating eMail Engagement

Phone: Defaults to Telephone Noted In eMail Engagement or on Broker Website

eMail: Defaults to eMail Engagement

Address: Defaults to Address Noted In eMail Engagement or on Broker Website

Assistant.RealEstate

Phone: 650-235-0210

eMail: info@assistant.realestate

Address: PO Box 20, Millbrae, CA 94030

14. Acknowledgement

The Agent is contracting directly with Assistant.RealEstate and is solely responsible for all payments and obligations under this Agreement. These responsibilities are non-transferable and may not be assigned to any other party, including their brokerage, clients, escrow, or cooperating agents. The Agent agrees and instructs Assistant.RealEstate to submit to their client the Client Acknowledgement of Third-Party, Independent Transaction Coordinator disclosure for full transparency with CAR guidelines for work completed by unlicensed assistants. By signing below, the Agent agrees to the scope, responsibilities, limitations, and payment terms outlined above.

Agent Name: Defaults to Agent Initiating eMail Engagement
Brokerage Name: Defaults to Agent's Broker Initiating eMail Engagement
Signature: _______________________________________
Date: ___________________________________________

Assistant.RealEstate TC: __________________________
Signature: _______________________________________
Date: ___________________________________________

Client Acknowledgement of Third-Party, Independent Transaction Coordinator

Property Address Defaults to Address Noted In Engagement

Agent Name Defaults to Agent Initiating eMail Engagement
Client Name(s) Defaults to eMail Engagement Identified Clients

Your Real Estate Agent has engaged the services of a third-party, Independent Transaction Coordinator (TC) from Assistant.RealEstate to assist with the documentation and compliance management of your real estate transaction.

What This Means for You:

No Extra Cost to You: Your Agent is solely responsible for the fee associated with the Transaction Coordinator.
Additional Support: The TC serves as an additional team member, supporting the Agent in organizing and submitting required transaction documents, ensuring compliance with brokerage and regulatory standards, and assisting with general timeline management.
Secure and Professional Handling: All documents are handled securely and confidentially, and stored in compliance with privacy laws and broker file retention policies.
Availability for Document Questions: The TC is available to assist with questions related to signing documents via DocuSign or related tools. However, your real estate agent serves as your licensed fiduciary to discuss the contents of the documents and completion requirements.

Important Notes:

Limited Role: The TC is not working in the role of your licensed real estate professional fiduciary and is not authorized to provide legal advice, interpret contracts, negotiate on your behalf, or act independently in any capacity.
Agent Present for Communication: Any communication between you and the TC will take place with your Agent’s knowledge and/or presence. This ensures clarity and proper representation.

By signing below, you acknowledge that:

You understand a third-party Transaction Coordinator is supporting your Agent.
Your Agent is responsible for directing the TC and paying all fees.
The TC’s involvement is administrative and does not substitute for your Agent’s professional responsibilities or representation.

Agent’s Client Signature(s):
____________________________________ Date: _______________
____________________________________ Date: _______________

Agent Signature:
____________________________________ Date: _______________

Assistant.RealEstate Signature:
____________________________________ Date: _______________

Attached: CAR Guidelines for Unlicensed Assistant

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