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Spark Transaction Management Solutions Contract for Transaction Management and A La Carte Services

The terms of service are made between you, hereinafter referred to as the “Agent“, and Spark Transaction Management Solutions, hereinafter referred to as the “Provider“. 

The Provider agrees to provide transaction management and/or back-end paperwork services to the Agent for any property that the Agent lists or sells during the term of this contract subject to the individual Agent and Provider discretion. 

The Provider will perform services within normal business hours, Monday through Friday 9:00 AM – 5:00 PM. Provider is closed for all major US banking holidays. 

**Section 1: Type and Scope of Services** 

For each property, the Agent will choose one or more of the following options for the type and scope of services: 

  • Option A: Transaction Management Services. The Provider will perform all the tasks listed in Section 2 for each property.
  • Option B: Back-End Paperwork Services. The Provider will perform all the tasks listed in Section 3 for each property.
  • Option C: Single-Item (a la carte) items. The Provider will create and send the item ordered to the agent for review. Once the Agent approves, the Provider will complete the task.

The Agent will notify the Provider of their choice of option for each property in writing before the Provider starts performing the services. 

**Section 2: Transaction Management Services** 

The Provider will perform the following tasks for each property under Option A: 

  • Prepare and send documents to the Agent, the buyer, the seller, and other parties involved in the transaction.
  • Obtain signatures from the Agent, the buyer, the seller, and other parties involved in the transaction using electronic signature software.
  • Track deadlines and contingencies and notify the Agent of any issues or delays. – Coordinate with title companies, lenders, inspectors, appraisers, and other service providers. – Maintain records of all documents and communications related to the transaction. – Provide status updates and reports to the Agent as requested.
**Section 3: Back End Paperwork Services** 

The Provider will perform the following tasks for each property under Option B: 

  • Prepare and obtain seller/buyer signatures on documents for the Agent for the transaction – Review and verify the accuracy and completeness of the information and make any necessary corrections or updates.
  • Ensure compliance with all Bright MLS rules and regulations and notify the Agent of any violations or issues.
  • Maintain records of all listing & contract documents related to the property. **Section 4: Agent’s Responsibilities**

The Agent agrees to: 

  • Provide the Provider with all the information and documents necessary to complete each property’s services.
  • Review and approve all documents prepared by the Provider before sending them to other parties or submitting them to the Bright MLS system.
  • Sign all documents electronically using the Provider’s software or provide written authorization for the Provider to sign on behalf of the Agent.
  • Pay the Provider a fee based upon specific service(s) requested per property based upon the services & fees listed in Exhibit A. The fee may vary depending on the option chosen by the Agent for each property.
  • Grant the Provider access to the Agent’s systems and platforms as needed to perform the services. The Agent will share their username and password with the Provider and will not hold the Provider liable for any unauthorized use or breach of security. 
**Section 5: Provider’s Responsibilities** 

The Provider agrees to: 

  • Perform the services in a professional and timely manner in accordance with the standards of practice in the real estate industry.
  • Protect the confidentiality and privacy of the Agent and their clients and comply with all applicable laws and regulations regarding data protection and security.
  • Not disclose or use any information or documents related to any property for any purpose other than providing the services.
  • Not represent or act on behalf of the Agent or their clients in any capacity other than providing transaction management or back-end paperwork services. 
**Section 6: Termination and Dispute Resolution** 

The parties agree to resolve any disputes arising from this contract through mediation or arbitration. 

**Section 7: Early Termination** 

If the property’s transaction fails to close for any reason, the Agent may terminate this contract by giving written notice to the Provider within 10 days of the failure. The Provider will retain 20% of the fee for each property as a non-refundable deposit for the services performed. The Provider will refrain from collecting payment on remaining 80% of the fee to the Agent. If any portion of payment require to be refunded, Provider will refund Agent within 30 days of receiving the notice of termination. If the property’s transaction closes after the termination of this contract, the Agent will pay the Provider the full fee for each property within 10 days of closing. 

The Provider may terminate this contract by giving written notice to the Agent within 10 days of termination. Any transactions or services the Provider has been contracted to complete prior to the 10 days written notice shall be completed by the Provider and paid by the Agent as agreed upon. 

The Agent agrees to indemnify and hold harmless Provider of any and all claims, actions, causes of action, and losses, including reasonable attorney fees and court costs, arising out of or in any way related to any matter and/or endeavor undertaken by the Provider under and/or pursuant to the terms of this Agreement and/or in accordance with the direction of the Agent so long as such claims, actions, causes of action, and losses are not occasioned by the Provider’s willful or criminal wrongdoing.

Exhibit A: Services & Fees

A La Carte Items: 

All a la carte items require payment to be completed at the time of ordering 

  • Offer Writing for MAR Contract of Sale and/or GCAAR Contracts ($50): Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems) **does not include properties that require submission to outside sources (ex. Auction.com, HUDHomeStore, HomePath, etc)
    • Buyer Agency Agreement (if needed)
    • Sending for signatures once agent reviews & approves
    • 1 free set of updates/edits (ex. change offer price)
      • Each additional set of updates is $10 each 
  • Listing Writing ($60) – disclosure calls to sellers at an additional cost (see below) Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems)
    • Sending for signatures once agent reviews & approves
    • 1 free set of updates/edits (ex. change in effective date)
      • Each additional set of updates is $10 each
    • Add-on: Disclosure calls to seller(s) to complete the Inclusions/Exclusions, Maryland Residential Disclosure/Disclaimer, Local Disclosures, etc ($25) 
  • Bright MLS Input ($75) Spark must have the agent’s consent to access the agent’s Bright MLS account (agent must supply login information which Spark will securely store in our systems) o Input of as much information as can be found in the Listing documents, public records & any prior listings of the property into Bright MLS
    • Listing Descriptions (since Spark never physically sees the property, agent MUST proof-read for accuracy)
    • Uploading listing photos, virtual tours, etc (agent must supply)
    • Uploading listing disclosures (agent must supply, unless Spark wrote the listing) o 1 free set of updates/edits for accuracy (does NOT include updating statuses in Bright)
      • Each additional set of updates is $10 each 
  • Scheduling Showings (price varies – see below) Agent supplies list of properties and start time, including any personal preferences (ex. start closest to Baltimore and go south). Spark must have the agent’s consent to access the agent’s Bright MLS account and ShowingTime (agent must supply login information which Spark will securely store in our systems)
    • Up to 4 properties – $30
    • 5-9 properties – $40
    • 10+ properties – $60 
  • Compliance Review ($60)
    • Reviewing contracts & listing documents to ensure all signatures, initials and dates are completed.
    • Sending to appropriate parties to ensure any missing information is completed & received (Spark will CC the agent to any outbound emails)
      • NOTE: for Spark to send documents to agent’s client for signature, Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems) 
  • Canva – Social Media Graphics ($15 each) Spark can use our own Canva Pro account OR we can sign in to the agent’s pre-existing Canva account (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems)
    • Utilizing the agent’s branding and current social media templates to create compliant Coming Soon, Newly Listed, Under Contract, Sold, etc graphics
  • Hourly Administrative/VA Services ($35/hour)
    • Any administrative task agent may need 

Buyer Packages of Service: 

All packages require a 20% non-refundable deposit at the time of initiating service. The remaining balance is due at the time of closing. If the contract does not close, the remaining balance will not be collected. Payment of invoices are due within Ten (10) days of the invoice date. If payment is not received within Fifteen (15) days, a penalty of Twenty percent (20%) shall be assessed. If payment is not received within Thirty (30) days, a penalty of Twenty Five percent (25%) shall be assessed. If the contract does not close, the remaining balance will not be collected. 

  • Essentials Package – Buyers ($250) For agents who hate paperwork, but like to handle everything else themselves. Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems) **does not include properties that require submission to outside sources (ex. Auction.com, HUDHomeStore, HomePath, etc)
    • Offer Writing & Buyer Agency Agreement
      • First Offer free, subsequent offers $50 each
        • If agent purchased a la carte offers for the buyer(s), then Spark will discount the total cost of the Essentials Package by the cost of the first offer
        • The 20% deposit will remain at the total cost of the package
    • Sending for signatures once agent reviews & approves
    • Various contract addenda/amendments needed throughout the transaction o Compliance review
    • Sending documents to buyer(s) after closing
    • Agent & buyer access to Spark’s transaction management portal where all parties can see important milestones & deadlines in a transaction
    • Add-On: Spark can match your branding! Send us your Logo and the desired email signature you’d like us to use, and EVERY outbound email for EVERY transaction sent by Spark will match your branding! ($100 – 1-time set up fee – not included in Package pricing)

 

  • Pro Package – Buyers ($375) For agents who want a comprehensive Contract to Close Support so you can sell more! Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems) **does not include properties that require submission to outside sources (ex. Auction.com, HUDHomeStore, HomePath, etc)
    • Offer & Buyer Agency Agreement (including sending for signatures once agent reviews & approves)
      • First offer free, subsequent offers $50 each
        • If agent purchased a la carte offers for the buyer(s), then Spark will discount the total cost of the Pro Package by the cost of the first offer 
        • The 20% deposit will remain at the total cost of the package
    • Sending for signatures once agent reviews & approves
    • Various contract addenda/amendments needed throughout the transaction
    • Sending Intro emails to buyer(s) and vendors (ex. title company, lender & agent on the other side)
    • Sending Pre-Closing email to buyer(s)
    • Maintaining and keeping track of important contractual deadlines (can integrate with agent’s calendars)
    • Communication to with clients, lenders & title companies
    • Request & review of Final Settlement Statements (ALTAs) for accuracy o Compliance review
    • Sending documents to buyer(s) after closing
    • Agent & buyer access to Spark’s transaction management portal where all parties can see important milestones & deadlines in a transaction
    • Add-On: Spark can match your branding! Send us your Logo and the desired email signature you’d like us to use, and EVERY outbound email for EVERY transaction sent by Spark will match your branding! ($100 – 1-time set up fee – not included in Package pricing)

Seller Packages of Service 

All packages require a 20% non-refundable deposit at the time of initiating service. The remaining balance is due at the time of closing. Payment of invoices are due within Ten (10) days of the invoice date. If payment is not received within Fifteen (15) days, a penalty of Twenty percent (20%) shall be assessed. If payment is not received within Thirty (30) days, a penalty of Twenty Five percent (25%) shall be assessed. If the contract does not close, the remaining balance will not be collected. 

  • Essentials Package – Sellers ($275) For agents who hate paperwork, but like to handle everything else themselves. Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems)
    • Listing Agreement (including sending for signatures once agent reviews & approves)
      • Add-on: Disclosure calls to seller(s) to complete the Inclusions/Exclusions, Maryland Residential Disclosure/Disclaimer, Local Disclosures, etc ($25)
    • Bright MLS input & updates
      • Input of as much information as can be found in the Listing documents, public records & any prior listings of the property into Bright MLS
      • Listing Descriptions (since Spark never physically sees the property, agent MUST proof-read for accuracy)
      • Uploading listing photos, virtual tours, etc (agent must supply)
      • Uploading listing disclosures (agent must supply, unless Spark wrote the listing)
      • Update statuses in Bright (ex. coming soon, active, active under contract, pending, closed)
    • ShowingTime Set Up & Updates
    • Ratifying Offers (including sending for signatures once agent reviews & approves)
    • Various contract addenda/amendments needed throughout the transaction
    • Compliance review
    • Sending documents to seller(s) after closing
    • Agent & seller access to Spark’s transaction management portal where all parties can see important milestones & deadlines in a transaction
    • Add-On: Spark can match your branding! Send us your Logo and the desired email signature you’d like us to use, and EVERY outbound email for EVERY transaction sent by Spark will match your branding! ($100 – 1-time set up fee – not included in Package pricing) 
  • Pro Package – Sellers ($425) For agents who want a comprehensive Contract to Close Support so you can sell more! Spark can use our own DotLoop OR we can sign in to whatever platform you use! (agent must consent to us accessing system, and supply login information which Spark will securely store in our systems)
    • Listing Agreement PLUS disclosure calls to seller(s) (including sending for signatures once agent reviews & approves)
    • Coordinate Sign install with agent’s vendor & communication with seller(s) o Coordinate Listing photo shoot with agent’s vendor & communication with seller(s)
    • ShowingTime Set Up & Updates
    • Bright MLS input & updates
      • Input of as much information as can be found in the Listing documents, public records & any prior listings of the property into Bright MLS
      • Listing Descriptions (since Spark never physically sees the property, agent MUST proof-read for accuracy)
      • Uploading listing photos, virtual tours, etc (agent must supply)
      • Uploading listing disclosures (agent must supply, unless Spark wrote the listing)
      • Update statuses in Bright (ex. coming soon, active, active under contract, pending, closed)
    • Ratifying Offers (including sending for signatures once agent reviews & approves)
    • Various contract addenda/amendments needed throughout the transaction
    • Sending Intro emails to seller(s) and vendors (ex. title company, lender & agent on the other side)
    • Sending Pre-Closing email to seller(s)
    • Maintaining and keeping track of important contractual deadlines (can integrate with agent’s calendars)
    • Completion of Title Company questionnaires
    • Communication to with seller(s), lenders & title companies
    • Request & review of Final Settlement Statements (ALTAs) for accuracy o Compliance review
    • Sending documents to clients after closing
    • Agent & seller access to Spark’s transaction management portal where all parties can see important milestones & deadlines in a transaction
    • Add-On: Spark can match your branding! Send us your Logo and the desired email signature you’d like us to use, and EVERY outbound email for EVERY transaction sent by Spark will match your branding! ($100 – 1-time set up fee – not included in Package pricing)