HOME PURCHASE FINANCIAL ADVISORY & EDUCATIONAL SERVICES AGREEMENT
This Home Purchase Financial Advisory & Educational Services Agreement ("Agreement") is entered into by and between:
Consultant: HomeWise Advisory, LLC, a Florida LLC ("HomeWise" or "Consultant"); and
Client: You ("Client").
Collectively referred to herein as the "Parties."
IMPORTANT NOTICE — PLEASE READ CAREFULLY
Consultant is NOT a licensed real estate broker or agent under Florida Statute §475. The Paid Service provided under this Agreement is an analysis and valuation estimate of the Subject Property to educate and assist homebuyers in developing analytically grounded negotiation strategies and understanding property valuation, grounded in Consultant’s professional experience. Consultant does not represent Client in any real estate transaction and does not negotiate directly with any seller or seller’s agent on Client’s behalf.
All decisions related to any real estate transaction — including offer amounts, negotiation positions, contingency terms, and execution of any purchase contract — are made solely by Client and/or Client's licensed real estate agent or attorney.
1. NATURE OF SERVICES — IMPORTANT DISCLAIMER
1.1 For the Paid Service, Consultant provides an analysis and valuation estimate of the Subject Property to educate and assist homebuyers in developing analytically grounded negotiation strategies and understanding property valuation. Consultant is not a licensed real estate broker or agent under Florida Statute §475.
1.2 Consultant does not represent Client in any real estate transaction, does not negotiate directly with any seller or seller's agent on Client's behalf, and does not provide legal, appraisal, or licensed brokerage services.
1.3 Client acknowledges and agrees that all decisions — including offer amounts, negotiation positions, contingency terms, and execution of any purchase contract — are made solely by Client and/or Client's licensed real estate agent or attorney.
1.4 Nothing in this Agreement or in Consultant’s services shall be construed as the practice of real estate brokerage, law, or financial advising.
1.5 Client acknowledges that Consultant’s services under this Agreement are financial advisory and educational services only, and do not constitute attest, audit, compilation, valuation, calculation, consulting, or tax services as defined under applicable AICPA or CFAI standards. Consultant’s contingent fee arrangement under Section 4.2 applies solely to these advisory and coaching services and not to any regulated CPA or CFA service. This engagement is entirely separate from any attest, valuation, calculation, consulting, or tax engagement Consultant may have with Client.
1.6 No Guarantee of Accepted Offer. HomeWise provides advisory and educational services only and does not guarantee that any offer you make on a property will be accepted by a seller, lender, or any other party. All purchase decisions and outcomes remain your responsibility.
1.7 The Free Estimate is explicitly excluded from these Terms of Service. The Free Estimate represents a quick, no‑obligation estimate of how much could be saved if the homebuyer decides to use our services (e.g., over $10,000, over $20,000, etc.). The Paid Service represents the full property and comparable analysis, estimated property value, and the bidding strategy.
2. SCOPE OF SERVICES
Consultant agrees to provide the following Paid Services ("Services"):
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Homebuyer education on market analysis methodology, and offer strategy principles;
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Independent valuation estimate and analysis of target properties using publicly available data, comparable sales, and financial modeling methodologies consistent with Consultant’s professional training;
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Review and general educational commentary on publicly available market data related to Client's target property.
Services expressly excluded: Consultant will not draft, review, or execute any purchase contract, offer, or addendum; will not contact any seller, seller's agent, lender, title company, or third party on Client's behalf; and will not provide any service requiring a Florida real estate license.
3. TERM
This Agreement commences on the date Agreement is entered into and continues until the earlier of: (a) closing of Client's purchase of a property; (b) Client's written notice of termination; or (c) 120 days from the effective date, unless extended by mutual written agreement.
4. COMPENSATION
4.1 Non-Refundable Engagement Retainer. Upon execution of this Agreement, Client shall pay Consultant a non-refundable retainer of $150.00 ("Retainer"). The Retainer is earned upon receipt and is not contingent on any outcome.
4.2 Success Fee. In the event Client purchases a property during the Term of this Agreement and achieves documented Savings (as defined in Section 4.3), Client shall pay Consultant a success fee equal to five percent (5%) of the Savings amount ("Success Fee").
4.3 Definition of Savings. "Savings" means the positive difference, if any, between (a) the original listed asking price of the Property as publicly advertised at the time of Client's engagement of Consultant, and (b) the final executed purchase price reflected in the executed Purchase and Sale Agreement, as documented in writing. If the final purchase price equals or exceeds the original listed price, no Success Fee is owed.
4.4 Payment of Success Fee. The Success Fee shall be due and payable by Client no later than three (3) business days prior to the scheduled closing date of the Property. Client agrees to provide Consultant with written notice of the anticipated closing date no fewer than 10 business days in advance.
4.5 Payment Methods. Payment shall be made through the payment options made available on the HomeWise website, which are processed securely via Wix’s payment system. You agree to pay all fees using one of the supported payment methods shown at checkout. Payment of Success Fee shall be made via [ACH / Zelle / wire transfer / credit card] to account information subsequently provided by Consultant in writing.
4.6 Late Payments. Any amounts not paid when due shall accrue interest at the rate of 1.5% per month (18% per annum) from the due date until paid in full. Client shall also be responsible for all reasonable costs of collection, including attorney's fees, in accordance with Section 11.
Fee Calculation Examples:
Listed Price: $500,000 | Purchase Price: $450,000 | Savings: $50,000
Amount Due: Retainer: $150 + Success Fee: $2,500 (5% x $50,000) = $2,650 Total
Listed Price: $400,000 | Purchase Price: $400,000 | No Savings
Amount Due: Retainer: $150 only
5. CLIENT RESPONSIBILITIES
Client agrees to:
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Provide Consultant with timely and accurate information regarding the target property, listed price, and transaction timeline;
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Notify Consultant in writing within 2 business days of entering into any accepted offer or purchase contract;
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Notify Consultant in writing within 2 business days of the anticipated closing date;
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Provide Consultant with a copy of the executed Purchase and Sale Agreement (redacted as Client deems appropriate, but sufficient to verify the purchase price) for purposes of calculating any Success Fee;
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Make all payments required under Section 4 on time and in full.
6. CONFIDENTIALITY
Each Party agrees to keep confidential all non-public information disclosed by the other Party in connection with this Agreement and not to disclose such information to any third party without prior written consent, except as required by law. This obligation survives termination of this Agreement for a period of 2 years.
7. LIMITATION OF LIABILITY
7.1 CONSULTANT'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO CONSULTANT UNDER THIS AGREEMENT.
7.2 IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 Client acknowledges that real estate transactions involve inherent risks and uncertainties, that Consultant makes no guarantee of any specific outcome or savings amount, and that all negotiation decisions rest solely with Client.
8. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Consultant and its officers, members, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of or related to: (a) Client's decisions or actions in connection with any real estate transaction; (b) Client's breach of this Agreement; or (c) any third-party claims arising from Client's conduct in the transaction.
9. TERMINATION
9.1 By Client. Client may terminate this Agreement at any time upon written notice. The $150 Retainer is non-refundable. If termination occurs after Client has entered into an accepted offer on a property, any Success Fee accrued as of the termination date remains due and payable.
9.2 By Consultant. Consultant may terminate this Agreement upon 5 business days' written notice if Client materially breaches this Agreement and fails to cure such breach within the notice period.
10. DISPUTE RESOLUTION
10.1 Governing Law. This Agreement shall be governed by the laws of the State of Florida.
10.2 Venue. Any legal action arising under this Agreement shall be brought exclusively in the state or federal courts located in Palm Beach County, Florida.
10.3 Mediation First. Prior to initiating any litigation, the Parties agree to attempt resolution through mediation with a mutually agreed-upon mediator, costs split equally.
10.4 Attorney’s Fees. HomeWise will not be responsible for paying any legal fees or costs incurred by the Client. However, if HomeWise is required to initiate or defend any legal action to enforce this Agreement or resolve a dispute with the Client, HomeWise shall be entitled to recover its reasonable attorney’s fees and costs from the Client.
11. GENERAL PROVISIONS
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings.
11.2 Amendments. No amendment shall be valid unless in writing and signed by both Parties.
11.3 Severability. If any provision is found unenforceable, the remaining provisions shall remain in full force.
11.4 No Waiver. Failure to enforce any provision shall not constitute a waiver of future enforcement.
11.5 Electronic Signatures. The Parties agree that electronic signatures (via DocuSign, HelloSign, or similar) are valid and binding.
11.6 Independent Contractor. Consultant is an independent contractor. Nothing herein creates an employment, partnership, or agency relationship.