Posted by Gerilynne Lampkin on 11/11/07 9:47am
Msg #220685

Independent Contractral Agreement

I have come across some contractual agreements in which I do not like the wording. Do I have to sign thier agreement ? I perfer not to sign so that I am not legally obligated to thier contract. Many times there agreements are not worth the paper they are printed on.

Reply by ME/NJ on 11/11/07 10:28am
Msg #220686

I was advised years ago to never sign them, of course they may not ever call you again if you don't.

Seems the only ones who have them are the low ball companies, I am amazed of all the hoops they make you jump for 50-65 bucks.

Reply by Charles_Ca on 11/11/07 10:44am
Msg #220687

They're ridiculously one-sided, I never sign them. n/m

Reply by TRG_wy on 11/11/07 11:09am
Msg #220690

If they insist on having a signed one on file from you, there is no problem with you ammending it to your liking.

Simply line through the objectionable parts (i.e.fee schedule), add your comments/corrections as necessary and initial the changes.

Reply by Sharon Taylor on 11/11/07 11:12am
Msg #220691

Seems to me I read somewhere that such a contract may not be enforceable in court if the other party does not send you a copy that they have signed as well, evidencing their acceptance of the terms. Not that I would want to go to the expense of testing that in court, but if I had to, it's definitely one of the arguments I'd use to protest the legality of the contract.

Reply by TRG_wy on 11/11/07 12:32pm
Msg #220692

That could be argued as you suggest, however, by them utilizing my services as "I" have set forth and initialed they "imply consent" to my terms as ammended. - I have had no problems with this.

Reply by Kevin/Ct on 11/11/07 1:58pm
Msg #220694

Pursuant to the Statute of Frauds in most states... all that is required is an instrument signed by the party to be sued. The contract may be signed in duplicate originals by each party ...in which case when both duplicate originals are attached to each other they constitute an original of a signed contract.

If you are entering into one of these contracts you should insist on receipt of at least a copy of their signed copy. The reason for the original is compliance with the Best Evidence Rule at trial which requires production of the original document unless it has been lost or destroyed...in which case the copy then becomes admissable.

Before signing such an agreement you should read it carefully, and amend it according to your best interests.

Reply by Gerilynne Lampkin on 11/11/07 3:44pm
Msg #220698

Thank you for all your responses. I have gained a full understanding that I can.... ammend things that I don't agree on. I will take all the information into account. I knew I picked the right site to gain valuable knowledge..

Thank you

Reply by Elaine Sedlock on 11/11/07 5:16pm
Msg #220704

Just curious . . . couldn't we write our own contracts with the terms we want set out and turn the tables a bit so they have to agree in writing with us? Has anyone tried that yet? I, for example, would like to have it in writing that if the emergency contact doesn't answer the phone or return the call quickly during a signing they have to pay x amount more due to wasted time and even refusal by borrowers to sign. Just doesn't seem fair to me that they want to lay down all the rules and penalties. MO

Reply by Charles_Ca on 11/11/07 6:04pm
Msg #220710

Of course you cold try it, unfortunately the state of the

business is such that with the saturation and the number of hobbyists out there they have nothing to lose and so the Signing Services have developed this supercilious attitude that notaries are dispensable like a Kleenex and worth about as much and they are right to an extent. One of the ways to overcome that mentality and to set your self apart from the cattle is to set up or join some of the notary networks. BrendaTX a while back posted guidelines for doing just that, and for many years Brenda ran a very successful notary network (perhaps the past tense is wrong but I' sure Brenda will corect me if that is the case ) I recently heard that a major Title Company decided to dump their Signing Services in favor of the Florida NSA Network. Way to go Florida!

Reply by BrendaTx on 11/11/07 8:14pm
Msg #220718

Re: Of course you cold try it, unfortunately the state of the

I started an answer and wrote way too much. I have a project I am working on and it will mention the networks. We are still a viable organization, just not aggressive marketers at present.

Reply by Gerilynne Lampkin on 11/12/07 8:12am
Msg #220796

Elaine,

I agree with you if this is possible. I know what you been through with your signings. The signing companies that call and ask us to provide a service we accept and then it seems they don't care if we have questions that need to be answered. You know maybe we should flip "the script" and asked them questions before they even give us the assignment.

1. Are you available 24/7
2. Do you have an alternate person I may contact to answer my questions if needed.
3. If you are not there to answer my question than I am asking for a wait time fee. (30 mins -$20.00 1 hour $50.00 ) I will let them know I have a busy schedule everyday and if you are going to not be available for your client than It is causing your client to wait and me to have to wait and this is delaying the return process.

There has to be something we can do out there... besides re-direct their customers to another company... ( only a joke ) hahaha ****I am not serious****

Reply by sue_pa on 11/12/07 9:09am
Msg #220806

while waiting for a return call, keep moving. Tell them you will continue signing. When you are finished if no one has called back they can make their decision to rip up the papers or allow you to take them and they can use their 3 days. No time lost - unless the LO actually calls back and they start discussing Sunday's game, golf, or what's for dinner - and then we realize why there are questions at the table.