AGREEMENT FOR CERTAIN
PRE-PAID HOTLINE SERVICES

Terms of Engagement for Hotline Services

This Agreement for Certain Pre-Paid Hotline Services ("Agreement") is an agreement to hire Joe DiPaola to perform certain limited services, described below. This Agreement sets forth the terms of service for Hotline Customer, for up to (30, 60, or 90) Minutes of informal telephonic advice and/or review of documents regarding the sale of Hotline Customer's California real estate (herein after referred to as "sale of Hotline Customer's real estate"). Unless modified in writing by mutual agreement, these terms constitute Mr. DiPaola's agreement with you. Therefore, you should review this Agreement carefully and contact Mr. DiPaola promptly if you have any questions. You should print and keep a copy of this Agreement in your files.

The Limited Scope of Mr. DiPaola's Work

Hotline Customer has asked Mr. DiPaola and he has agreed to provide up to (30, 60, or 90) Minutes of informal telephonic advice for the sale of Hotline Customer's residence, as follows:
1. Speak with Hotline Customer telephonically (Tel: 707-693-0400) regarding the sale of Hotline Customer's residence; and/or
2. Review contracts and/or other documents faxed to Mr. DiPaola (Fax: 707-693-0700) regarding the sale of Hotline Customer's residence.

This Agreement is for informal telephonic services only regarding Hotline Customer's California FSBO residential real estate transaction, and only encompasses within its scope the services described herein above. Mr. DiPaola is only obligated to provide the pre-paid informal telephonic services. No other services are included. No tax advice is included. No real estate brokerage services are included. No legal representation, services, or other actions are included. No cases or other matters are covered by this Agreement.

NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED HEREBY. NO REAL ESTATE BROKER-CLIENT RELATIONSHIP IS BEING CREATED HEREBY.

THe Hotline bills in 30 minute increments for these services. Hotline services shall automatically conclude and terminate when: (a) (30, 60 or 90) Minutes of services have been provided by Mr. DiPaola; (b) close of escrow closes for the sale of Hotline Customer's California real estate; or (c ) 30 days from the date of this Agreement -- whichever is soonest. Once one of these events occurs, then Mr. DiPaola shall have no further obligation to Hotline Customer, and the services shall be deemed to have automatically ended.

It is not possible to predict the outcome of an issue, and expressions on Mr. DiPaola's part concerning the possible outcome of an issue are expressions of his best professional judgment, not guaranties. Such opinions are necessarily limited by knowledge of the facts based on the state of the law at the time they are expressed.

General Responsibilities of Hotline Customer

Hotline Customer has the following obligations and responsibilities:
(1) Hotline Customer and Hotline Customer's representatives agree to be completely truthful and fully cooperate with Mr. DiPaola.
(2) Hotline Customer and Hotline Customer's representatives agree to keep Mr. DiPaola reasonably informed of any changes of address, telephone numbers and general whereabouts.
(3) Hotline Customer and Hotline Customer's representatives agree to make themselves reasonably available for phone calls, etc.
(4) Hotline Customer will at least listen to Mr. DiPaola's advice, before making decisions.
(5) Hotline Customer and Hotline Customer's representatives will promptly and fully disclose all documents and facts to Mr. DiPaola, whether or not such documents or facts are adverse to Hotline Customer's position.
(6) Hotline Customer and Hotline Customer's representatives will cooperate and participate as necessary in all aspects relating to the services being performed by Mr. DiPaola for Hotline Customer for the sale of Hotline Customer's residence.
(7) Hotline Customer and Hotline Customer's employees agree to act in good faith at all times in dealing with Mr. DiPaola.
(8) Hotline Customer agrees to timely make all payments required under the terms of this Agreement.
(9) Hotline Customer has read and agrees to the "Terms and Conditions" web page (located at www.1listing.com/fsbohotline/terms.html), which is incorporated herein by reference. (10) Hotline Customer agrees to fully perform the terms of this Agreement.

Any violations of any of these responsibilities and obligations by Hotline Customer (or, where applicable, Hotline Customer's representatives) are grounds for termination of this Agreement and immediate cancellation of Hotline services. Cancellation under such circumstances will not affect Hotline Customer's responsibility for payment of the fees for services rendered.

Hotline Fees

Hotline Customer agrees to pay the fees for the services provided by Mr. DiPaola in advance.

Terms of Payment
Hotline Customer agrees that Hotline fees are to be pre-paid by Hotline Customer promptly online via credit card payment through the PayPal sysytem. Until such fees are paid, there is no agreement between the parties. This Agreement is expressly conditioned on the payment in advance of Hotline fees.

If there are delinquent Hotline fees, they will accrue interest at the rate of .667% per month (10% per annum) from the date they become delinquent, and Hotline Customer agrees to bring the account current immediately. If the delinquency continues and Hotline Customer does not arrange satisfactory payment terms, Mr. DiPaola may and will cancel Hotline services. Mr. DiPaola will also have the right to pursue collection of the account against Hotline Customer. Hotline Customer agrees to pay the reasonable attorney's fees and costs of collecting the debt.

Lien; Irrevocable Escrow Instruction

Mr. DiPaola will have a lien for unpaid Hotline fees. The lien shall remain in effect even after cancellation or termination, unless otherwise agreed to between Hotline Customer and Mr. DiPaola. Hotline Customer also agrees to execute an irrevocable escrow instruction to pay Hotline fees out of Hotline Customer's proceeds from close of escrow for the sale of Hotline Customer's California real estate.

Termination of Representation

Unless sooner terminated by Hotline Customer or Mr. DiPaola, this Agreement shall terminate at the end of: (a) (30, 60 or 90) Minutes of services provided by Mr. DiPaola; (b) close of escrow closes for the sale of Hotline Customer's California real estate; or (c ) 30 days from the date of this Agreement—whichever is soonest.

Hotline Customer may terminate Hotline services at any time, with or without cause, by notifying Mr. DiPaola in writing. If termination occurs, Hotline Customer's papers and property will be returned to Hotline Customer promptly. Mr. DiPaola's own copy of the files pertaining to any Hotline services rendered will be retained. Hotline Customer's termination will not affect Hotline Customer's responsibility for payment of fees for services already rendered.

Mr. DiPaola may cancel Hotline services with a Hotline Customer, for: nonpayment of fees or costs, misrepresentation or failure to disclose material facts, actions contrary to Mr. DiPaola's advice, and/or conflicts of interest. Mr. DiPaola may cancel Hotline Services at any time, if such an issue arises, by notifying Hotline Customer in writing. Mr. DiPaola reserves the right to raise each of these as the basis for cancellation, if they occur. Cancellation under such circumstances will not affect Hotline Customer's responsibility for payment of the fees for services already rendered.

Mr. DiPaola may also cancel Hotline services at any time (with or without cause) by refunding the payment of fees to Hotline Customer via PayPal (and less any applicable PayPal service fees).

Disclosure of No Errors and Omissions or Malpractice Insurance

Mr. DiPaola hereby discloses that he does not maintain any insurance for errors and omissions or malpractice.

Communications With Hotline Customer's Representatives

Hotline Customer hereby gives Mr. DiPaola permission to communicate with Hotline Customer's spouse, immediate family members, and/or real estate broker (collectively, "Hotline Customer's representatives"), regarding the services being rendered to Hotline Customer.

Waiver of Actual or Potential Conflicts of Interest

Hotline Customer understands that there might be an actual or potential conflict of interest for Mr. DiPaola to advise Hotline Customer. Nevertheless, Hotline Customer wishes to use these pre-paid Hotline services, and to the extent possible, hereby waives any actual or potential conflict of interest with respect thereto.

Hotline Customer is hereby advised that the Hotline Customer may seek the advice of an independent lawyer of the Hotline Customer's choice and is given a reasonable opportunity to seek that advice.

Effective Date of This Agreement

This Agreement will be effective only at such time that: (1) Hotline Customer properly registers; (2) Hotline Customer has read the online "Terms and Conditions" web page and agreed to it; (3) Hotline Customer has read this Agreement online, agrees to it, and electronically signs; and (4) all fees have been paid in advance by Hotline Customer and received by Mr. DiPaola. This Agreement is expressly conditioned on each of these actions by Hotline Customer.

Integration Clause; Misc

This Agreement shall be construed and enforced under the laws of the State of California. Jurisdiction and venue shall be vested in the Yolo County Courts, and Hotline Customer hereby consents to subject matter and personal jurisdiction therein to the fullest extent permitted by law. An individual executing this Agreement in a capacity for an entity represents that he/she has the authority, consent and capacity to execute this Agreement in such capacity for such entity.

In any action to interpret and/or enforce the terms of this Agreement, the prevailing party shall be entitled to receive costs of suit. Mr. DiPaola's liability for damages to Hotline Customer shall be limited to the amount of fees paid by Hotline Customer.

There have been no other agreements or understandings between the parties; this Agreement contains the entire terms of the parties' agreement. All prior discussions and negotiations are merged herein and are superseded thereby. By electronically signing this Agreement below, Hotline Customer understands, acknowledges and accepts all of the terms described above, and acknowledges receipt of an online copy (located at www.1listing.com/fsbohotline/agreement.html). Any amendment can only be made in writing and physically signed by all parties hereto. If there is more than one person or entity signing as Hotline Customer, the each such person or entity shall be jointly and severally liable under this Agreement.

Hotline Customer

Joe DiPaola



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This website is for the purpose of providing limited informal advice and
information to FSBO Sellers regarding California residential real estate
transactions. No attorney-client or broker-client relationship is being created.
Please see Terms and Conditions for additional qualifications, restrictions,
details and information.