Posted by HSH/WA on 11/18/12 2:23pm
Msg #443886

Here's the language I want on my "Do not call BO" signings

Not offering this as legal advice just as discussion:

The following paragraph is hereby made a part of the singing confirmation agreement:
All parties hereto agree that if the signing agent prints the documents, drives to the stated address at the given time as shown on the signing confirmation, the FULL CONTRACTED FEE SHALL BE PAID TO THE SIGNING AGENT regardless of whether or not the documents are signed by the borrower(s).

This is only if I am not allowed to make phone confirmation. In that case I need the above or I will cancel. What do you think?

Reply by Lee/AR on 11/18/12 2:28pm
Msg #443887

I'd cover no shows & RTC used, too. n/m

Reply by ikando on 11/18/12 6:18pm
Msg #443907

Re: I'd cover no shows & RTC used, too.

The following is my confirmation of the confirmation response. You are welcome to comment or use as you choose.

Thank you for the opportunity to work with you. Because I am an Independent Contractor, following is my standard business response. If you would like to discuss this response based on your business climate, I am open to negotiations.

NOTE: This message confirms our fee agreement of $__.00 made by phone.

For that fee, I will print documents, travel to the signer(s), appropriately identify the signer(s), notarize the provided documents, and return the documents as specified by the hiring party. This fee agreement is based on the product to be handled by the notary being what was stated in the phone conversation, no requirement for fax back/email return of signed documents, and my receipt of the final documents no less than two (2) hours before the scheduled signing time.

The amount quoted is the fee agreed upon by both parties. Because my fee is based on my scheduled time, driving distance and document handling, it is NOT subject to arbitrary reduction for No Show, No Sign or No Fund. The fee WILL BE adjusted if the product received is not as stated by the requester. If notary accepts and correctly performs the contracted service, FULL FEE PAYMENT IS REQUIRED. Payment should be made to [my company name], and is to be received by notary no later than 30 days after signing date per assignment confirmation, or may be subject to late fee charges and/or costs for collection. If this is not agreeable with you, please cancel this order immediately before I contact the borrower.

Reply by MikeC/TX on 11/18/12 7:16pm
Msg #443918

Re: I'd cover no shows & RTC used, too.

How often is this rejected by the hiring party? And if not rejected out of hand, how often do they refuse to comply as far as payments are concerned?

It seems to me that stating terms and conditions AFTER accepting an assignment is kind of counter-productive, but maybe that's just me. Do you at least get verbal agreement to these requirements when you're on the phone with the scheduler (in which case this is just a restatement of that verbal agreement)?

Clearly, companies you have an ongoing relationship with already know your terms and conditions and have agreed to them. I'm just curious about how new companies react to this.

Reply by ikando on 11/18/12 8:03pm
Msg #443927

Re: I'd cover no shows & RTC used, too.

Mike, I've used this for some time now, and it IS a restatement of my terms, if not spoken at the time of the call, at least posted on my profile in the various venues. Some have rejected it, but most don't.

My confirmation simply restates that I am not an employee, that I have business practices that I follow and expectations of the hiring party. I offer them two chances to either renegotiate at the beginning or cancel the assignment before I contact the borrower.

How many times have there been postings here with comments from the notaries saying they didn't know a variety of things were required until they received either the confirmation or the actual documents telling them all kinds of things needed to be done for the fee offered and accepted. I believe my response covers those contingencies, allowing me the flexibility to renegotiate or reject.

Reply by Claudine Osborne on 11/18/12 9:19pm
Msg #443941

Re: I'd cover no shows & RTC used, too.

I would like to know..How busy are you?? Do you get a lot of repeat clients?? Just curious!

Reply by ikando on 11/19/12 6:20am
Msg #443958

Re: I'd cover no shows & RTC used, too.

Claudine, I stay as busy as I want. I don't take jobs that are not economical for me, so no low ball offers or those who have pushed me to "do them a favor" or "that's all we get". Many jobs are local, direct from title, pay my rate and immediately, so I'm doing well.