The Bird Dog Agreement form is a crucial document used within the real estate sector, setting the framework between a property finder (Consultant) and a party interested in buying or selling property (Buyer or Seller). It outlines the terms of the relationship, including services to be provided, payment arrangements, and confidentiality requirements. For individuals or businesses eager to formalize the engagement of a property locator or to offer such services, understanding and completing this form accurately is key. Click the button below to fill out your Bird Dog Agreement form today.
Get Form Now Download PDFIn the dynamic world of real estate, the Bird Dog Agreement form plays a pivotal role, enabling a seamless collaboration between individuals or parties seeking properties and those possessing the knack for finding them. Crafted to establish a formal relationship, this agreement delineates the terms between the buyer or seller and the consultant, often referred to as the 'bird dog.' At its core, it specifies the services to be provided, which primarily encompass real estate, locator, referral, and contact services, granting a systematic approach to property transactions. Notably, it entrusts the consultant with considerable autonomy regarding how and when the services are executed, emphasizing a performance-based model that hinges on the completion of tasks. The financial aspect of the arrangement is clearly outlined, offering a compensation model that is either percentage-based or a flat fee, thus ensuring that the consultant's efforts are duly rewarded upon the successful location, referral, or contact of a property as requested. Furthermore, the agreement encapsulates clauses concerning confidentiality, protecting sensitive information and preserving the integrity of the professional relationship. It underscores the necessity of discretion, prohibiting the unauthorized disclosure of proprietary information which includes prices, future plans, and business affairs. A comprehensive clause on the relationship between the parties clarifies that the consultant operates as an independent contractor, thereby delineating the responsibilities and privileges inherent in such a role. By integrating provisions for amendments, notices, and the governing laws, the Bird Dog Agreement ensures a robust framework for cooperation, while also accommodating the dynamic needs of the real estate domain.
Question | Answer |
---|---|
Form Name | Bird Dog Agreement Form |
Form Length | 3 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 45 sec |
Other names | bird dog contract, bird dog contract pdf, bird dog real estate agreement, bird dog agreement |
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Bird Dog Agreement
This Agreement is made effective as of ____________, 20__, by and between
____________________________(“hereinafter “Buyer” or “Seller” [circle one]),
In this Agreement, the parties who are contracting to receive services shall be referred to as the "Seller" or the "Buyer" [circle one], and the party who will be providing the services shall be referred to as the "Consultant". The Seller and/or the Buyer desire 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 Consultant shall determine the manner in which the Services are to be performed and the specific hours to be worked by the Consultant. The Seller and/or the Buyer 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 Seller, through the Buyer, will pay a locator, referral and/or contact fee to the Consultant for the Services equivalent to $______________ (_______%) of the total proceeds derived from the sale and/or purchase of the certain property located, referred and/or contacted as requested by Seller and/or Buyer, or a flat fee in the amount of $_______________ for services as described in Paragraph 1 above. All fees due to Consultant shall be payable in a lump sum upon completion of the Services unless otherwise further negotiated between the Seller and/or the Buyer and the Consultant. 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 of either. Neither the Seller ’ s and/or Buyer's business shall 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 Seller and/or Buyer under this Agreement, shall also be bound by the provisions of this Agreement. At the request of either the Seller or the Buyer, the Consultant shall provide adequate evidence that such persons are the Consultant's employees.
Note: The forms provided by BiggerPockets.com are best used as a reference and should not be considered a substitute for proper legal advice. This form should be used at your own risk.
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7. CONFIDENTIALITY. The Business recognizes that The Consultant has and will have the following information:
- Business affairs and other proprietary information (collectively, "Information") which are valuable, special and unique assets of the Seller and/or the Buyer 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 Seller or the Buyer. 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 Seller and/or the Buyer 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 Seller and or the Buyer, 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 Seller's and/or selling to the Buyer up to and until the time the Seller and/or the Buyer have entered into their agreement(s) to consummate a financial transaction. The Seller and/or the Buyer 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 Seller and/or The Buyer:
IF for The Consultant:
Note: The forms provided by BiggerPockets.com are best used as a reference and should not be considered a substitute for proper legal advice. This form should be used at your own risk.