Posted by TacomaBoy on 7/13/10 7:45pm
Msg #344828

Signing Company Contracts

Maybe it’s just me, but it seems like the independent contractor contracts that are floating around our industry restrict our ability to freely market our services. I’ve been in business for over thirteen years with 8,000 signings under my belt. Frankly, I resent having my hands tied with respect to marketing my business anywhere in the country that I choose. No one signing company can provide enough business to warrant agreeing not to market my services. Any thoughts? Do you’all sign the contracts?

Reply by MikeC/NY on 7/13/10 9:57pm
Msg #344839

Just say no.

You work for you, not for them... Unless they are offering you an exclusive in your area with a guaranty on how much work they will provide, why would you even consider signing a restrictive agreement???

Reply by Notary/ME on 7/14/10 12:47pm
Msg #344926

I have never signed a non compete or any kind of contract. Independent is independent to me. When they offer me 20 closings a week for my full price? I'll sign with them. 'til then, I say NO.
Have a great day!

Reply by Susan Fischer on 7/13/10 10:32pm
Msg #344846

Excellent question! Paragraphs in these 'contracts' I don't

agree to, I cross out and initial/date.

I request a signed copy of *their* acceptance of my 'counter-offer.'

The way I see it, this is MY neighborhood, my travel sphere of business. I won't agree to giving up my sphere of income and tax base to some good SS or yahoo - from Anywhere, USA.

No siree, Bob.

Reply by Moneyman/TX on 7/14/10 3:13am
Msg #344861

Susie has a good point. Get a confirmation of your

"counter-offer."

I too cross out the parts I will not agree to. If they don't accept, it is not an issue for me as I will not agree to have these "customers" tell me who I can and cannot preform work for.

Reply by Marian_in_CA on 7/13/10 10:46pm
Msg #344847

Not usually, no.

I'm an independent contractor... and I am free to market my business as I see fit. And that includes leaving my business card with borrowers in case they need to contact me. I don't represent the TC or the SS when I go in to these places... I represent myself, being hired to perform a job.

It's a unique issue as signing agents because part of the job is on behalf of another entity, but another part (the notarizing) is our own.

I especially won't do it for companies that try to negotiate the price down.

Now, if a company is going to pay me a premium for a job, I would consider agreeing to certain terms if they could contractually guarantee either a certain amount of work, or payment if the work doesn't materialize. If I'm being restricted in some way, I better be compensated for it.

Reply by Les_CO on 7/13/10 10:47pm
Msg #344848


Mostly total BS written by laymen, and wouldn’t stand up in court.
I like you, have been in business for years and have a great many contacts in the title/lending/real estate business. These fly-by-night goons need to sign a ‘non-compete’ with me.
I just line through the wording I don’t like.
If they don’t like it, they can call someone else.

Reply by JulieD/KS on 7/13/10 11:55pm
Msg #344851

Never. I will not sign contracts.

Reply by James Dawson on 7/14/10 12:54am
Msg #344855

It isn't necessary to get the job done....I won't sign them.

Reply by Glenn Strickler on 7/14/10 2:19am
Msg #344858

Ditto,

Don't sign them ......


However, if there is a signing service that has treated me well in the past and one of the lenders or tc's that I positively know use that SS, and they are trying to do an end run around the SS to save themselves some money, then I will ask a few questions before I accept the work. I don't want to step on any SS that has treated me fairly in the past. Those are very few and very far between these days, though.

Reply by C. Rivera Chicago Notary Services on 7/14/10 7:53am
Msg #344864

I cross out lines in the contracts that I do not agree with, then initial the change. I've yet to have a SS or TC tell me that they will not work with me because of this. So this works for me.

Reply by SharonMN on 7/14/10 9:20am
Msg #344872

I will cross out and note that I may already work with or market to some of their clients so I cannot agree to these terms without knowing exactly who their clients are. No one has ever offered to provide me with a list!

If pressed, I will agree not to market to clients I hear about solely through the SS.

Reply by CF on 7/14/10 9:40am
Msg #344881

I line through all "non-compete" BS paragraphs. I can work and solicit business from whomever I choose to. Additionally, do you really think that any of these companies have the resources to go after you for a non-compete clause? No they do not. There are very few SS that I work with, on a regular basis, and the ones that I do I respect their relationships with their TC clients. However, that does not mean that if a TC called me direct that I would turn down their assignment and tell them...well...I work with so and so and you should have them call me.


I have relationships with some of their TC's already and get business from them. I do not tell that to the SS ....b/c it has nothing to do with them. My relationships are mine own....my phone rings from my marketing!!!

It is all a bunch of non-sense and the SS that have these lengthy contracts are the ones that , generally, have the worst reputation for payment and treatment of their notaries. Go figure!!!