Transaction Coordination Full Terms of Service Agreement

ELOQUIFY PARTNERS LLC

TRANSACTION COORDINATOR AGREEMENT

Agreement Between Parties

This Agreement is made between ELOQUIFY PARTNERS LLC ('Professional Service Provider'), a Florida Limited Liability Company with its principal office in a virtual setting, and the Client ‘Agent’. 

ELOQUIFY PARTNERS LLC serves as an administrative intermediary, facilitating professional relationships between the Client and Independent Transaction Coordinators (“TCs”) (who may be Licensed or Unlicensed Assistants).

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties intend to be legally bound and agree to the following Terms of Service:

Service Provider

ELOQUIFY PARTNERS LLC ('Professional Service Provider') is a professional service company that provides Real Estate Professionals with access to Independent Transaction Coordinators (“TCs”) (who may be Licensed or Unlicensed Assistants) who offer administrative and coordination services. These services include, but are not limited to:

• Facilitating and managing the working relationship between Independent TCs and Agents, including other Real Estate Professionals, clients, title/escrow companies, attorneys, and lenders.

• Acting as a digital intermediary to provide administrative support throughout real estate transactions.

• Managing payment processing through a secure third-party billing system.

• Providing administrative/clerical accounts and software access to Independent TCs as needed for service delivery.

ELOQUIFY PARTNERS LLC may operate as a business intermediary, where Transaction Coordinators (TCs) who may be Licensed or Unlicensed Assistants, could be independent contractors governed by separate agreements and are not employees of ELOQUIFY PARTNERS LLC.

ELOQUIFY PARTNERS LLC provides administrative and coordination support services only. ELOQUIFY PARTNERS LLC Transaction Coordinators are considered Unlicensed Assistants. We do not engage in real estate negotiations, contract interpretation, or legal advisory even if the TC/Administrative Assistant is Licensed. Any review of documents is for completeness and administrative purposes only, and all legal compliance remains the responsibility of the Agent and Brokerage. It is recommended they consult with their real estate broker or attorney, for any services that require such expertise.

SCOPE OF SERVICE (Transaction Coordination)

1. ELOQUIFY PARTNERS LLC provides administrative and coordination services only. We do not engage in licensed real estate activities or earn commissions. Fees are charged solely for administrative support, regardless of transaction outcome.

2. ADMINISTRATIVE SUPPORT: Your TC manages essential administrative tasks, including organizing and facilitating document requests from the agent, ensuring all necessary documents are stored and accessible throughout the transaction. ELOQUIFY PARTNERS LLC does not originate documents and only acts on requests initiated by the agent. 

3. COMMUNICATION: Your TC (Unlicensed Assistant) facilitates transaction-related communications, ensuring ongoing contact with all parties, including status updates and collection of outstanding items. Communication is organized according to broker compliance guidelines. ELOQUIFY PARTNERS LLC also conducts periodic success calls and email campaigns to improve service.

4. DOCUMENT STORAGE: Your TC manages short-term document storage during the transaction. Upon closing, long-term file storage and retention are the sole responsibility of the agent and broker. At closing, the TC provides all ratified documents and communications for long-term storage as you see fit.

5. DOCUMENT REVIEW: Your TC ensures contracts are fully executed with proper dates, initials, signatures, and broker information. If corrections are needed, your TC will reach out and monitor compliance. An introduction email outlining key date timelines and the executed contract is sent to the Listing Agent, Buyer’s Agent, Buyer/Seller (if directed by the agent), Lender, Title Company, and/or Attorney. All required documents are submitted to the designated Transaction Management System (TMS) within 24 business hours of execution.

6. ESCROW MANAGEMENT: Your TC provides administrative support and communicates with escrow to ensure that the Lender, Title Company, and Broker receive any contract amendments or changes. Including: Confirm receipt of the Earnest Money Deposit (EMD) or remind the buyer to send the wire, email the receipt to the co-op agent and upload it into the compliance file and maintain ongoing contact with the Title Company and Lender throughout the transaction.

7. SELLER DISCLOSURE PACKAGE: Your TC (Unlicensed Assistant) will collect and assemble the pre-listing disclosure package, ensuring compliance with brokers state & local requirements. If applicable, they will: Collect HOA documents within required deadlines, and may order Home Warranty per contract terms.

8. MONITOR DEADLINES: Your TC provides a workflow timeline to track critical dates in accordance with contractual obligations, ensuring contingency removals and providing status updates to all parties. This includes:

1. Confirming scheduled inspections and ordering required third-party reports (NHD, HOA, Home Warranty).

2. Verifying loan and appraisal timeline with the lender.

3. Checking in on appraisal status and addressing any post-appraisal work orders or valuation concerns.

4. Confirming the final walk-through.

5. Assisting with signing appointment scheduling for the client and agent (if applicable).

6. Conducting a final file audit 7 days before closing to ensure all documents are uploaded and the file is complete.

7. Obtaining final confirmation of the closing date and time.

8. Reminding the agent to submit the Commission Demand request.

9. Confirming final recording and notifying agents.

10. Providing the final HUD/CD to the broker’s transaction management system for compliance.

      9. CLOSING: Your TC ensures represented clients receive a copy of all fully ratified documents and uploads all disclosures, documents, and reports into the agent’s online transaction management system as they are received for a fully executed file.

CLIENT RESPONSIBILITIES

The Agent agrees to:

• Provide TC with all requested documents, information and materials necessary for the TC to complete service(s).

• Submit a fully executed Purchase or Sale Agreement (at minimum) is required to initiate a service request.

• Maintain open communication with the TC and provide updates on new developments.

• Ensure compliance with real estate regulations and brokerage requirements.

• Maintain MLS access credentials and assume responsibility for any MLS-related penalties.

BILLING & PAYMENT TERMS

By registering for ELOQUIFY PARTNERS LLC’s services, the agent agrees to the established fee structure and pricing guidelines provided with this agreement. The agent expressly authorizes ELOQUIFY PARTNERS LLC to automatically charge the credit card on file for all applicable fees, including but not limited to:

• Setup fees (if applicable and agreed upon signing and choosing this option on the Fee Scale Sheet)

• Administrative fees (at close after final document is uploaded)

• Optional add-on services requested by the agent. (As requested separately in writing, agreed and accepted by an ELOQUIFY PARTNERS LLC manager.)

ELOQUIFY PARTNERS LLC will bill through escrow. If the Title Company or Attorney’s Office that is in charge of escrow does not provide the payment to ELOQUIFY PARTNERS LLC for our services provided, the agent will be invoiced and payment shall be received no later than THREE (3) Calendar days via wire transfer*, credit card*, debit card*, ACH Transfer, money order or cashier’s check. Personal checks will not be accepted. *(These payment methods will have an extra charge fee to cover the payment processing fees.) If payment is not received within FIVE (5) calendar days after closing an additional 5% LATE FEE will be added on top of the other charges and we will require the Agent to provide and keep a valid credit/debit card on file with ELOQUIFY PARTNERS LLC at all times after first occurrence of missing payment, and ensures that the card has the sufficient funds to cover these charges and fees where charges will occur automatically without the need for further authorization for each transaction. By registering, the agent acknowledges and agrees to this recurring billing arrangement. Failure to maintain accurate and valid payment information may result in suspension of services.

Any questions regarding billing or payment terms should be directed to billing@Eloquifypartners.com prior to registration.

• Payments are processed securely through Stripe, a third-party payment system.

• Please review PRICING GUIDE for a complete list of service fees.

• In some cases ELOQUIFY PARTNERS LLC may require for the Transaction Coordination FEE to be split into two parts called The Split-Method:

  • “File Setup” Non-refundable 50% fee is collected at the start of a transaction request, retained regardless of the transaction’s outcome.

  • “Final” admin fee is collected upon the final document submission (rather than transaction closing or sales price), ensuring compliance with state and national regulations.

  • This approach ensures our services are paid  based on time, tasks, and administrative work performed, not on the success or failure of the transaction. 

• By utilizing ELOQUIFY PARTNERS LLC, you acknowledge that all fees are administrative in nature and unrelated to a transaction’s closing or final sale price.

• Split Invoice Fee: Multiple agents  - A $5 split fee will be applied to each agent  if an agent requires the payment to be split/divided among multiple agents. (This Fee will incur only if ELOQUIFY PARTNERS LLC have to submit the invoice to each agent. If Title Company/Attorney’s Office in charge of escrow pays ELOQUIFY PARTNERS LLC directly, this fee will be waived)

• Late Fees: Payments are due at closing date, if invoice is sent directly to Agent, invoice should be paid within three (3) calendar days of service completion (closing). A one-time late fee of 5% applies after five (5) calendar days.

• ELOQUIFY PARTNERS LLC reserves the right to suspend services for accounts with unpaid balances beyond 30 days.

ADDITIONAL SERVICES

Supplemental charges apply (SEE PRICING GUIDE)

Optional Add-On Services: The following services are available for an additional fee or hourly rate (see pricing guide)—contact ELOQUIFY PARTNERS LLC or your assigned TC (Unlicensed Assistant) for details:

• Listing Agreement Setup Service

• Purchase Contract Setup Service

• Commercial Overlay

These terms and the scope of services apply to all ELOQUIFY PARTNERS LLC USERS. However, if your brokerage or account holder has a separately negotiated corporate account agreement or custom service agreement with ELOQUIFY PARTNERS LLC, the terms outlined in that agreement will govern your services. Please refer to your corporate agreement or contact your brokerage or account manager for details specific to your account.

MLS APPLICATION USAGE & LIABILITY RELEASE 

By granting authorization and access to your chosen real estate platforms & local MLS, you enable your Transaction Coordinator ( who may be a Licensed or Unlicensed Assistant) to utilize these tools on your behalf.

• If MLS access through an admin account is required, the agent is solely responsible for all associated costs, including setup and maintenance. ELOQUIFY PARTNERS LLC is not liable for any additional fees related to these accounts.

• ELOQUIFY PARTNERS LLC and its TCs are not responsible for fines, fees, or penalties imposed by MLS or third-party applications due to:

  • Improper use,

  • Unauthorized access, or

  • Violations of the platform’s terms and conditions.

The agent remains solely responsible for ensuring compliance with all applicable MLS rules and third-party terms. By engaging with ELOQUIFY PARTNERS LLC’s services, you agree to release ELOQUIFY PARTNERS LLC and its TCs and any other allied partner(s) from any liability related to fines, penalties, or fees incurred as a result of agent-related actions, errors, or account management.

• Any required admin accounts must be funded and maintained by the agent.

• The agent bears full responsibility for ensuring compliance with MLS regulations.

Your TC will NOT:

• Your TC will not make changes or additions to your MLS.

• Your TC will not assist with listing duties such as lockbox, photos, signage and MLS input.

• Your TC will not attend meetings with the broker and take notes during meetings.

• Your TC will not draft documents but will only assist in creating them with direction from the agent on which document to use and will be able to copy and paste the verbiage.

• Your TC will not assist with CRM input or Marketing before or after a transaction

• Your TC will not make sales calls or work as a sales agent in marketing or lead follow up.

CANCELLATION POLICY 

For Split-Method Only:

• The setup fee remains non-refundable in all cases, as it covers the administrative work performed during file initiation, setup, and preliminary coordination. ELOQUIFY PARTNERS LLC will not issue refunds for services already completed.

• If a transaction is canceled after the initial setup but before completion, ELOQUIFY PARTNERS LLC will waive the final administrative fee as a courtesy. 

• This courtesy waiver does not reflect a success-based or contingency fee model and is solely based on administrative work completed at the time of cancellation due to service being concluded prematurely.

Regular Buyer/Seller/Dual/Compliance Management:

• Agents will not be charged for cancellations of contracts where escrow did not close.

This agreement has no end date and can be canceled at any given time by either party in writing, as long as NO work has been started. If a file has been started to be worked on, the fee will still need to be paid in full.

AGENT DISCONTINUING SERVICE

If the agent is dissatisfied with the service provided by the Transaction Coordinator (Unlicensed Assistant), ELOQUIFY PARTNERS LLC will make all reasonable efforts to reassign all open files to another TC/Unlicensed Assistant within our ELOQUIFY PARTNERS LLC network to ensure the files are managed through to the close of escrow.

If the agent remains dissatisfied and elects to discontinue service, ELOQUIFY PARTNERS LLC reserves the right to charge a cancellation fee of $100 per file at the time of service termination. Notice of termination must be provided via email. 

TERMINATION

ELOQUIFY PARTNERS LLC reserves the right to terminate services with reasonable notice, except in cases of a material breach. Clients also have the option to cancel the service at any time, with notice provided via email. 

TESTIMONIAL RELEASE

By providing a testimonial, including any written text, images, or videos ("Testimonial"), the USER authorizes ELOQUIFY PARTNERS LLC and its employees, contractors, partners, and other representatives to use the Testimonial for marketing and promotional purposes, including but not limited to advertisements, social media, brochures, and other promotional materials.

Terms of Use:

• The USER waives any claim to inspect, edit, or approve materials where the Testimonial appears.

• The USER waives any copyright claims over the Testimonial and materials incorporating it.

• The USER waives any financial compensation or other claims related to the use of the Testimonial.

• By accepting these terms, the USER certifies they are over 18 years of age and legally competent to contract in their own name.

• The USER may withdraw consent at any time by submitting written notice to ELOQUIFY PARTNERS LLC.

PRIVACY & DATA PROTECTION

ELOQUIFY PARTNERS LLC maintains reasonable safeguards to protect client data, including encryption and access controls. Client data is never sold or shared for marketing purposes without explicit consent. Independent Contractors must comply with ELOQUIFY PARTNERS LLC's Privacy Policy when handling client information.

Telephone Consumer Protection Act (TCPA), a U.S. federal law designed to regulate telemarketing, robocalls, text messages, and the use of automated dialing systems.

By providing your phone number, email, or other contact information and opting in, you consent to receive transactional and marketing communications from ELOQUIFY PARTNERS LLC via automated text messages, phone calls (including pre-recorded messages), and emails. These communications may include, but are not limited to, service updates, reminders, promotions, and follow-ups.

Your Consent & Opt-Out Rights:

• Consent to receive automated communications is not a condition of purchase.

• Message and data rates may apply.

• You may opt out of receiving text messages by replying “STOP” to any message.

• You may opt out of marketing emails by clicking the unsubscribe link in any email.

• To opt out of phone calls, please email us at info@ELOQUIFY PARTNERS LLC.com with “Do Not Call” in the subject line.

Data Usage & Privacy:

• Your contact information will be used solely for the purpose of delivering relevant communications and will not be sold to third parties.

• ELOQUIFY PARTNERS LLC adheres to all TCPA (Telephone Consumer Protection Act) and CAN-SPAM Act regulations to ensure compliance with consumer rights and privacy protections.

LIMITATIONS AND EXCLUSIONS OF LIABILITY DISCLAIMER 

To the fullest extent permitted by applicable law, under no circumstances shall ELOQUIFY PARTNERS LLC, its affiliates, or its Transaction Coordinators (TCs) (who may be Licensed or Unlicensed Assistants) be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the use of, or inability to use, ELOQUIFY PARTNERS LLC services, the ELOQUIFY PARTNERS LLC site, or its content, even if ELOQUIFY PARTNERS LLC has been advised of the possibility of such damages.

Your sole and exclusive remedy for dissatisfaction with ELOQUIFY PARTNERS LLC’s services is to discontinue use of the services. In the event that any portion of this limitation of liability is found to be unenforceable, ELOQUIFY PARTNERS LLC’s total liability will be limited to the amount actually paid by you for the specific services giving rise to the claim.

Third-Party Software

ELOQUIFY PARTNERS LLC is not responsible for, and disclaims all liability related to, third-party software or platforms used by Independent Contractors in the performance of services. Any issues arising from third-party software use are the sole responsibility of the Independent Contractor.

ELOQUIFY PARTNERS LLC and its affiliates shall not be liable for any direct, indirect, incidental, or consequential damages related to the use of our services. Our total liability, under any circumstances, shall not exceed the total fees paid for services rendered.

Information Sharing and Privacy

By registering for ELOQUIFY PARTNERS LLC’s services, you consent to the sharing of your contact and business information provided during registration (including first name, last name, phone number, email, broker’s name, business location, average number of transactions per year, and type of real estate deals) with Independent Contractors who have a formal agreement with ELOQUIFY PARTNERS LLC. ELOQUIFY PARTNERS LLC acts solely as an intermediary to facilitate the connection between Users and Independent Contractors.

For details on how ELOQUIFY PARTNERS LLC handles personal data and its use in marketing and communication, please review our Privacy Policy.

Confidential Information

The material provided to ELOQUIFY PARTNERS LLC regarding specific transactions or personal data provided to our Transaction Coordinators (TCs) (who may be Licensed or Unlicensed Assistant) is private and for non-commercial use only. Our shareholders, sales, and service representatives do not have access to the details of your specific transactions or credit information. ELOQUIFY PARTNERS LLC does not share or disclose specific terms regarding your transactions and considers your privacy of the utmost importance.

GOVERNING LAW & DISPUTE RESOLUTION 

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising from or related to this Agreement shall be resolved exclusively through binding arbitration held in Marion County, Florida. Each party shall bear its own legal fees and costs, and the arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.

CONTACT INFORMATION

For further inquiries or assistance regarding our communications policy, contact info@EloquifyPartners..com.

Transaction Coordinator Pricing Guide:

• $350.00 (Buyer or Seller Side)

• $650.00 (If Dual Agent - Both Buyer & Seller Side in one transaction)

• $175 (Compliance Management Only) No communication or coordination with the parties involved in the transaction. This is just for Compliance Documents Management ONLY!

• $30/Hour For any miscellaneous or Add-On services requested, agreed & accepted by management in writing.

Any changes in pricing, will be notified in advance and it may require a new agreement to be signed.

Agent agrees to pay ELOQUIFY PARTNERS LLC at closing through

• Escrow by Title Company /  Attorney’s Office. ELOQUIFY PARTNERS LLC, will submit an invoice to Title Company / Attorney’s Office for payment)

• If the Title Company / Attorney’s Office in charge of escrow does not pay ELOQUIFY PARTNERS LLC directly, then an Invoice will be sent out immediately and to be paid no later than THREE (3) calendar days after closing.

• Late Fees: A one-time late fee of 5% applies after five (5) days.

• ELOQUIFY PARTNERS LLC reserves the right to suspend services for accounts with unpaid balances beyond 30 days. After 30 days if you want ELOQUIFY PARTNERS LLC  to continue providing services, you will need to bring your balance due to current(up to date). And after bringing balance up to date, you will be required to have  a credit card on file with sufficient funds and will be required to be on a Non-refundable 50% Split-Split Method at file submission and the card on file will be charged automatically without any extra signed agreement. As you agree to these terms by signing this contract.

If you rather have the Split-Method from the get-go with a non-refundable 50% of the fee at file submission and the remainder 50% Final Administrative Fee due at Closing. (A valid credit/debit card with sufficient funds will be required to be on file and it will be charged automatically at file submission, and the remainder at closing) If the file doesn’t close, the remaining balance (Final Administrative Fee) will not be charged.

By using ELOQUIFY PARTNERS LLC’s services, you acknowledge and accept these Terms of Service