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socrateaser
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34674
Experience:  Retired (mostly)
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I have started a business where I clean out houses for individuals

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I have started a business where I clean out houses for individuals who are moving to assisted living facilities. I work with the individual and his/her family re disposal of the home's contents (auction, donation, tag sale primarily). Afterwards I clean and stage the interior and spruce up the landscaping. I would like a simple contract which would be signed by the individual and me and one which the individual would also hand write particular notations. Thank you.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, but this is something you have to use a local attorney to draft, since this service considers that type of work to be the practice of law which they have forbidden the experts on this site from engaging in with customers of this site. I apologize for any inconvenience or misunderstanding regarding this matter.
Customer: replied 2 years ago.
I just paid $49 and I have not received even a general contract guide. If you cannot answer the question generally please suggest the name of a local attorney.
Expert:  Law Educator, Esq. replied 2 years ago.
You have merely made a deposit and again I am sorry for any misunderstandings or inconvenience this has caused you. To get a local attorney please use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com

You may contact customer service and they will refund your deposit.
Customer: replied 2 years ago.
Relist: New Expert Please
Expert:  socrateaser replied 2 years ago.
Below, please find a simple cleaning service contract form. The form is offered "as is," with no warranties express or implied. It is an EXAMPLE of a contract that you may be able to modify for your purposes:

Service Contract

This agreement for services between _________________________ (hereafter referred to as "Client") and _________________________ (hereafter referred to as "Contractor") is made and entered into upon the following date: ____/____/____.

The house stated in this agreement is found at the following address: ____________________________________________________________________

The Client and Contractor hereby agree to the following terms:

1. Client will give Contractor access to the inside of the house during regular business hours and any additional mutually agreed upon times.

2. Contractor will provide the following supplies, equipment, furnishings, etc., as partial performance of this contract. (Client will provide any and all supplies, equipment, furnishings, etc., not listed below):
__________________________________________________ __________________________________________________

3. Client will pay Contractor $_____ in consideration for Contractor's performance. Payment is due in full at the time that Contractor provides client with invoice for services rendered under this agreement.

4. Services to be performed by Contractor include the following: vacuuming of carpets, dusting, and polishing of furniture; cleaning of wood floors, kitchen appliances, bath tubs and shower stalls, toilets, sinks and all sink fixtures; in addition removal of trash from the interior trash containers and brought to the outdoor Dumpster. Contractor will also perform minor landscape maintenance, and stage the property interior in anticipation of Client's offering the property for sale or rental.

5. Contractor will perform services, commencing ____/____/____, and ending ____/____/____.Further services must be arranged under separate contract.

This contract shall be governed by the laws of the State of __________ in __________ County.

This contract represents the entire agreement between the parties. No prior or contemporaneous written or oral evidence shall be admissible to contradict the terms of this agreement. In the event of a dispute under this contract, the prevailing party shall be entitled to reasonable attorney's fees, costs of suit, and collection costs connected with any recovery under this contract.

In agreement to the above mentioned terms the Client and a representative of the Contractor shall sign below:


______________________________________ Date____________
Signature of the Client

______________________________________ Date____________
Signature of Contractor

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

Customer: replied 2 years ago.
Please supply extra wording to include my handling and disposition of the contents, whether by auction, donation or tag sale. For items of value I will secure appraisal. I want to be sure that I am not held liable after the contents have been disposed. I will do an initial inventory and present it to the client. The client and family may choose the items which they want and I will ensure that those items are distributed to the client and family. I will then propose to the client and family the arrangements which I will make for the disposition of the remaining contents.
Expert:  socrateaser replied 2 years ago.
You could add something like:

Client expressly appoints Contractor as Client's attorney-in-fact (i.e., "power of attorney") for the purposes of disposing of personal property located at the subject house. Unless expressly instructed by Client, in writing as part of this contract, Contractor shall have sole authority to determine the method and means of disposing of such personal property -- and, Client agrees to defend, indemnify, and hold harmless, Contractor from any/and all reasonably foreseeable injury caused to client in connection with Contractor's choice of disposition; provided, however, that Contractor first provides Client with an inventory and appraisal of the value of any property to be disposed of, Client signs the inventory and appraisal agreeing to its contents and value. Upon disposition of the inventoried property, Contractor shall remit the proceeds of sale to Client no later than __ days from the date of Contractor's receipt of said proceeds of sale. Client agrees that Contractor shall be entitled to a commission of __% of the net proceeds of sale, in connection with the disposition of personal property under this paragraph.

Note: Appointing you as an agent for the purposes of disposing of another's property, creates a fiduciary duty to act in the highest and best financial interests of of your Client. A court may hold you liable for breach of fiduciary, even though the contract may require that the client indemnify you from liability. The only means of mitigating this possibility is to purchase liability insurance -- or, don't offer the service of disposing of the client's property -- because of the high potential for liability.

Your original request was for a "simple contract." What you are requesting now is not simple at all, and can have wide ranging legal consequences. I urge you to seek local legal representation concerning these complex matters of law.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 34674
Experience: Retired (mostly)
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