Real Estate Consulting Retainership Agreement
Real Estate Consulting Retainership Agreement
This Real Estate Consulting Retainership Agreement (the “Agreement”) is made and entered into as of [Month Day, Year], by and between:
Consultant
[Your Name]
[Your Company Name]
[Your Company Address]
[City, State, ZIP Code]
[Your Company Address]
[Your Company Number]
Client
[Client’s Full Name or Business Name]
[Client’s Address]
[City, State, ZIP Code]
[Client’s Email Address]
[Client’s Phone Number]
RECITALS
WHEREAS, the Consultant is engaged in the business of providing real estate consulting services and has expertise in the area of real estate transactions, property management, market analysis, and investment strategies;
WHEREAS, the Client desires to retain the Consultant to provide such services on a retainer basis as described herein;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. SERVICES
1.1 Scope of Services. The Consultant agrees to provide real estate consulting services as may be requested by the Client. Such services may include, but are not limited to:
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Market analysis and research
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Property evaluation and appraisal
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Investment strategy advice
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Transaction support and negotiation assistance
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Property management consulting
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Development and redevelopment consultation
1.2 Consulting Hours. The Consultant shall be available for up to [0] hours per month. Any services required beyond this allocation will be billed separately at the Consultant’s standard hourly rate of [$0] per hour.
1.3 Additional Services. Services not explicitly covered under this Agreement will be considered additional and will be billed at the Consultant’s standard hourly rate or as otherwise agreed upon by both parties.
2. RETAINER AND PAYMENT TERMS
2.1 Retainer Fee. The Client agrees to pay the Consultant a retainer fee of [$0] (the “Retainer Fee”), which will be paid upon the execution of this Agreement. This fee covers consulting services for the initial term of this Agreement and will be applied towards the hourly services rendered.
2.2 Payment Schedule. The Retainer Fee is payable in advance on the first day of each month. Payments will be made via [bank transfer].
2.3 Billing for Additional Services. Any services rendered beyond the scope of the retainer will be invoiced separately. The Consultant will provide a detailed invoice for such services, and payment is due within [0] days of the invoice date.
2.4 Replenishment of Retainer. If the retainer balance falls below [$0], the Consultant will notify the Client, and the Client agrees to replenish the Retainer Fee to the original amount within [0] days.
3. TERM AND TERMINATION
3.1 Term. This Agreement shall commence on [Month Day, Year] and continue for a period of [0] months (the “Term”), unless terminated earlier in accordance with this Agreement.
3.2 Termination for Convenience. Either party may terminate this Agreement for any reason by providing [0] days’ written notice to the other party.
3.3 Termination for Cause. Either party may terminate this Agreement immediately if the other party breaches any material provision of this Agreement and fails to cure such breach within [0] days after receiving written notice of the breach.
3.4 Effect of Termination. Upon termination, the Client will pay for all services rendered up to the date of termination, including any additional services provided.
4. CONFIDENTIALITY
4.1 Confidential Information. The Consultant agrees to keep confidential all information disclosed by the Client that is designated as confidential or that should reasonably be understood to be confidential given the context of disclosure.
4.2 Non-Disclosure. The Consultant will not disclose any confidential information to any third party without the Client’s prior written consent, except as required by law.
5. INDEPENDENT CONTRACTOR
5.1 Independent Contractor Status. The Consultant shall perform all services as an independent contractor and not as an employee of the Client. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, or joint venture between the Consultant and the Client.
5.2 Taxes and Benefits. The Consultant is responsible for all taxes, insurance, and other benefits associated with their services and will not be entitled to any benefits provided to the Client’s employees.
6. REPRESENTATIONS AND WARRANTIES
6.1 Consultant’s Warranties. The Consultant represents and warrants that they have the necessary skills, experience, and qualifications to perform the services described in this Agreement.
6.2 Client’s Warranties. The Client represents and warrants that they have the authority to enter into this Agreement and that all information provided to the Consultant is accurate and complete.
7. LIMITATION OF LIABILITY
7.1 Limitation of Liability. To the fullest extent permitted by law, the Consultant’s liability for any claim arising out of or relating to this Agreement shall be limited to the amount of fees paid by the Client for the services giving rise to the claim.
7.2 Indirect Damages. In no event shall the Consultant be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to this Agreement.
8. DISPUTE RESOLUTION
8.1 Negotiation. The parties agree to attempt to resolve any disputes arising out of or related to this Agreement through good faith negotiation.
8.2 Arbitration. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [City, State].
9. MISCELLANEOUS
9.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.
9.2 Amendments. No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both parties.
9.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of [State].
9.5 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email with confirmation of receipt.
IN WITNESS WHEREOF, the parties hereto have executed this Real Estate Consulting Retainership Agreement as of the day and year first above written.
Consultant:
[Your Name]
[Title]
[Your Company Name]
Client:
[Full Name]
