DONE Transaction Management
TERMS OF SERVICE AGREEMENT
DONE Transaction Management

Effective Date: _______________

This Terms of Service Agreement ("Agreement") governs the use of transaction management services provided by DONE Transaction Management ("DONE TMC," "Company," "we," "us," or "our") by the real estate agent identified on the associated Intake Form ("Agent," "Client," "you," or "your"). By signing the Intake Form, checking the acknowledgment box on the Intake Form, or otherwise engaging DONE TMC's services, Agent agrees to be bound by the terms of this Agreement.

1. Nature of Services; Not a Substitute for Broker Oversight

DONE TMC provides contract-to-close transaction management services and, where applicable under Agent's selected service tier, broker review services intended to support Agent's own workflow. These services are supplemental only and do not replace, override, or substitute the oversight, supervision, or approval authority of Agent's own sponsoring broker.

Agent remains solely responsible for complying with the policies and procedures of Agent's own brokerage at all times. DONE TMC is not privy to, and has no knowledge of, the specific internal policies and procedures of any brokerage, and therefore relies entirely on Agent's own judgment, representations, and instructions regarding compliance with those policies. DONE TMC is not responsible for, and expressly disclaims all liability arising from, any violation by Agent of Agent's own brokerage policies or procedures.

2. No Legal Advice

DONE TMC and its transaction managers are not attorneys and do not provide legal advice of any kind. Any transactional guidance, observation, or recommendation provided by DONE TMC's transaction managers or reviewing brokers is offered based on general real estate transaction experience only and does not constitute legal advice. Agent should always independently verify any such guidance with Agent's own sponsoring broker and should consult a licensed attorney for any legal questions concerning a transaction.

3. Scope of Services

Transaction management services begin upon a fully executed contract and continue through, and terminate upon, the closing and funding of the transaction. Detailed contract-to-close service items are described in the attached Scope of Services Addendum.

DONE TMC's transaction managers coordinate and facilitate communication with title companies, lenders, inspectors, contractors, home warranty companies, and other third-party service providers reasonably necessary to support a smooth transaction.

4. Prohibited Activities

Agent understands and agrees that DONE TMC transaction managers do not, under any circumstances:

These activities would constitute a violation of Texas Real Estate Commission (TREC) rules and the REALTOR® Code of Ethics. DONE TMC transaction managers are strictly prohibited from engaging in either.

5. Limited Communication with Principals

When it is necessary for a transaction manager to speak directly with a principal to the contract (buyer or seller), such communication is limited solely to relaying logistical information related to appointments scheduled with third-party service providers (for example, inspections, appraisals, or walk-throughs).

Transaction managers will not discuss, and are not authorized to discuss, any substantive real estate matter with a principal, including but not limited to pricing, property condition, staging, or any other matter pertaining to the procurement or transfer of real estate, as doing so would violate TREC rules and the REALTOR® Code of Ethics. If a principal raises a real estate-related question, the transaction manager will decline to answer and will refer the question back to Agent.

6. Scope of the Transaction Manager Role

Transaction managers are contracted for a specific, limited purpose related to contract-to-close transaction coordination. They are not virtual assistants, administrative staff, or hourly employees of Agent or Agent's brokerage. All duties, tasks, and requests directed to a DONE TMC transaction manager must relate directly to the specific transaction for which services have been engaged and must fall strictly within the scope of contract-to-close performance described in the Scope of Services Addendum.

7. Communication Policy

All communication with DONE TMC is conducted in writing, via email or text message only. DONE TMC does not accept, monitor, or return voicemail messages, and does not conduct business by voice phone call. Any phone number provided by DONE TMC is for text messaging purposes only and is not staffed or intended for voice-to-voice communication.

8. Business Hours

DONE TMC's standard business hours are Monday through Friday, 9:00 a.m. to 6:00 p.m. Messages received outside of business hours will be addressed on the next business day at the earliest available opportunity.

9. Fees for Basic Transaction Management Services

The fee for DONE TMC's basic transaction management service is earned and due upon the successful closing and funding of the individual transaction. If a transaction does not close, DONE TMC does not collect the basic transaction management fee for that transaction.

10. Tiered and Add-On Services

DONE TMC offers multiple service tiers and optional add-on services in addition to the basic transaction management service, as described in DONE TMC's then-current fee schedule. Fees for any selected tier or add-on service are due and payable at the time the service is initiated, regardless of whether the transaction ultimately closes. Payments for tiered and add-on services are non-refundable, except as DONE TMC may agree in its sole discretion on a case-by-case basis.

11. Card on File; Late Payment

Agent is required to maintain a valid credit card on file with DONE TMC. This card will not be automatically charged for the basic transaction management fee at closing, and will only be charged if payment is not otherwise rendered within three (3) days of Agent's receipt of commission from the transaction. In that event, DONE TMC will charge the card on file for the full amount owed, plus a $35.00 late fee and a $15.00 service fee.

12. Term; Termination

This Agreement remains in effect for so long as Agent continues to engage DONE TMC's services. Either party may decline future engagements at any time; however, obligations related to any transaction already in progress, including payment obligations, survive termination of this Agreement until that transaction is closed, funded, or otherwise concluded.

13. Limitation of Liability

To the fullest extent permitted by law, DONE TMC's total liability arising out of or related to its services for a given transaction shall not exceed the total fees paid by Agent for that specific transaction. DONE TMC shall not be liable for indirect, incidental, consequential, or punitive damages of any kind.

14. Independent Contractor Relationship

DONE TMC and its transaction managers act as independent contractors. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship between DONE TMC and Agent or Agent's brokerage.

15. Governing Law

This Agreement is governed by the laws of the State of Texas, without regard to conflict of law principles.

16. Entire Agreement; Amendment

This Agreement, together with the Scope of Services Addendum and any fee schedule referenced herein, constitutes the entire agreement between the parties regarding DONE TMC's services and supersedes any prior understandings. DONE TMC may update this Agreement from time to time; continued use of DONE TMC's services after notice of an update constitutes acceptance of the revised terms.

17. Acknowledgment

By signing the Intake Form, Agent acknowledges that Agent has read, understands, and agrees to this Terms of Service Agreement in its entirety, and that all information Agent has provided to DONE TMC is true, complete, and accurate.

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