Legal Question in Real Estate Law in California

real estate consulting agreement

I am helping a family to market their property for sale by providing the marketing effort for a certain period of time, but we want to be protected for any future liability and we can not guarantee any result, since we are only providing the marketing effort. What kind of contract do we need to have them sign for that purpose?


Asked on 8/28/07, 1:45 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: real estate consulting agreement

You need one drafted to suit your particular need, Will it be on a commision, hourly, or flat fee basis? Contact me directly.

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Answered on 8/28/07, 3:32 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: real estate consulting agreement

There is no single correct answer.

You can add or omit provisions based on the agreement of the parties.

You also, obviously, are not only guaranteeing any result, but you want to specifically limit your efforts to marketing.

There is no simple form that you can buy on line, or at a bookstore.

Retain an attorney to do this for you.

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Answered on 8/28/07, 4:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: real estate consulting agreement

I assume by Property" you are talking about real estate. It's reasonable to assume there is no pre-printed contract covering what you propose to do, and protection against future liability and disclaiming future results are concepts that probably go beyond a non-lawyer's contract-drafting skills.

So I think you should ask an attorney and be prepared to spend around $1,000 for four to five hours' work, part of which should be interviewing you, and perhaps your proposed client, thoroughly to find out exactly what the deal is.

Do you have a real estate license? If not, while you're discussing matters with an attorney, be sure to also ask for advice on how far an unlicensed person can legally go in marketing real property. There are surely some marketing actions that don't require a license, but preparing forms and contracts, discussing terms with prospective buyers, and any kind of negotiations with buyers would probably require that you have a license, as would getting compensated based on a commission or percentage of selling price.

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Answered on 8/28/07, 4:09 pm


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