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Hey Moguls, Steve Cook back again with my follow-up lesson about contractors.
In Part 1, I covered loads of valuable info about contractors, some of which, you may not have even thought about before. We talked about why building a list of reliable contractors is essential, how to make your contractor your BFF, where to find a ‘good’ one and more. So make sure you check out that first part before diving into Part 2.
Today, we’ll cover contractor payment schedules, contracts, insurance and the Release of Liens. Let’s get to it…
This is a touchy area. I never like paying contractors anything up front simply because I have been burned EVERY time a contractor has owed me because I was ahead. I’ve done it three times and I have been burned three times.
As a result, my policy is to pay after the work is completed. I may pay in draws as certain things are finished, but I don’t pay in advance under any circumstances. As long as I owe a contractor money, I’m sure they are going to be around.
As soon as they owe me money, they usually end up working for someone else who owes them. Though you won’t usually have this problem with big companies, they also charge a lot more to cover their overhead… more than I’m normally willing to pay.
I recommend that you put your agreements with a contractor into contract form.
I didn’t do this when I first started, and when a home was near completion the contractors would say things like the light fixtures were not in their quote. My response would be, “Yes, they were. We were standing right here when we talked about it. Don’t you remember I told you that I wanted this type of light here and that type there?!” The contractor always came back with, “I don’t remember,” or “We never discussed that.” Then I would have to work something out with them to get my light fixtures installed.
So, my advice to you is... GET IT IN WRITING and save yourself some heartache, even after you’ve established a relationship with someone.
Make sure that the contractors you hire are insured for liability and workmen’s compensation.
The work that they do is dangerous and the possibility of someone getting injured while working on one of your homes always exists. If a contractor or one of his workers hurts themselves and they do not have insurance, the person they are going to sue will be you.
Even if it’s a frivolous lawsuit, the expense may put you and your family in the poor house. So obtain a copy of the contractor’s insurance certificate. Though anyone can sue you for anything, with this in hand, you will be in much better shape.
For those of you who don’t know, a Release of Liens is essentially an agreement signed by a contractor and given to a property owner at the completion of a job. Basically, it states that the contractor has been paid in full for the work done and relinquishes their right to place a mechanic’s lien on the property.
The release of liens serves as protection for the property owner from an unscrupulous contractor who, though paid in full, might try to claim that they are still owed some money and place a lien on the property for any amounts that they claim are due but not paid.
Personally, I have never had one of my contractors sign a release of liens. After talking with most contractors that I have used, I’ve discovered that most wouldn’t even know how to put a lien on your property. The one time I did have to threaten a contractor with a lawsuit via a letter from my attorney, I never heard from him again. Therefore, I have never considered obtaining a Release of Liens from any of my contractors.
I am not going to advise against having your contractors sign a Release of Liens upon receiving final payment. Personally, I don’t do it, but I’m not aware of the laws in other states. You should look into this where you live or consult an attorney because I know that some people strongly advocate it.
And there you have it. Follow the solid advice I’ve provided in Part 1 and here in Part 2 and you should be good to go with the contactor on your power team.
Got any other questions about contractors? Ask in the comments section below.
Pay your contractor only after the work is completed.
Always put your agreements with contractors into a written contract.
Make sure your contractor has a valid certificate of liability and workmen’s compensation insurance.
Consider asking the contractor to sign a Release of Liens after the work is completed.
Is there a topic you'd like to learn more about? Request a Lesson
was a nationally recognized real estate investing educator, author and real estate investor, prior to teaching Lifeonaire life coaching system. Today he is regarded as "The Coaches' Coach." Many of the people who have been coached by Steve have become coaches themselves, eager to share what they have learned with others.
Module: Investing Strategies
Strategy: Rehabbing / Fix & Flip
Expert: Steve Cook
At RealEstateMogul.com, we’re committed to delivering the awesomest, most practical, actionable content to our members … and that a big part of that is getting YOU to tell us what you'd like to learn from us. Since our REI resources are basically endless, we’d love to tailor our upcoming training as much as possible to precisely match what you, our members, really need and want out of us.
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
This document describes Real Freedom Inc's Purchase Agreement. When you
complete a purchase from Real Freedom Inc, you agree to the terms of the
Purchase Agreement. Please read this document carefully.
This agreement is a contract. Under the terms of the contract, you receive
certain rights due to you from Real Freedom Inc, and you, in turn, give us
certain rights that affect you. This contract also contains provisions that
delineate and restrict your rights about refunds and warranties and that limit
Real Freedom Inc's liability.
Real Freedom Inc reserves the right to not conduct business with you if you do
not agree to the terms set forth in the Purchase Agreement.
Your agreement with the contents of this Purchase agreement is a material part
of the legal consideration that Real Freedom Inc requires as a condition of
Parties to this Purchase Agreement and Disclaimer
The parties to this agreement are RealEstateMogul.com and Real Freedom, Inc,
hereafter "SELLER," and you, the prospective purchaser, hereafter "BUYER".
Persons or entities who are not participants in this contract but who have an
indirect relationship, such as a supplier, joint venture partner, membership
organization, or sales affiliate, are herein described as "THIRD PARTY OR
THIRD PARTIES." The recipient of the product herein sold, where said product
is ordered by and paid for by someone other than the recipient, is classified
herein as if that recipient were the ordering BUYER with the same rights,
duties, and obligations as the BUYER.
Subject Matter of this Purchase Agreement
The subject matter of this agreement is a product, service, or membership
described in Seller's promotional or sales materials of Seller and/or in an
email referencing this website, and said website and/or email and its contents
are incorporated herein by reference and made a part hereof and constitute a
complete description of the product, service or membership that is the subject
matter of this Purchase Agreement. This bundle of offerings, including
additional items promoted on the order page, shall, together, be termed
'PRODUCT' throughout this agreement but the word 'product' shall mean all
elements offered in the sale, whether digital, dimensional, or other license
or right, and include all sales or promotional materials.
Pricing & Terms
Buyer agrees to make one payment today for membership access to the
RealEstateMogul.com website. This membership may or may not require a monthly
or annually recurring fee. Please see the payment terms on this order page.
Purchasers will be called and offered additional trainings. By purchasing you
are agreeing to these call offerings.
Refund Policy and Cancellations
If within thirty days, Buyer is not satisfied with the quality of Seller's
services, Buyer may contact Seller by email at
[email protected] to resolve the conflict and/or seek a refund. After thirty days, cancellation
of the monthly membership is available at anytime by emailing
[email protected] thirty days prior to the next billing date. Buyer may only use and return
Product one time. Please note that Buyer may not return for refund Product due
to reasons of income, or for any other reason that would be inconsistent with
the Earnings Disclaimer.
Rights and Obligations of the Buyer
The Buyer must pay the full consideration for the Product. This consideration
includes not only the purchase price, but other obligations that the Buyer
accepts as well as potential rights the Buyer agrees to forego. By accepting
this Purchase Agreement, the Buyer agrees to receive continuing follow-up
contact from the Seller including email, mail, newsletters, product updates,
product recall notices, product improvements, telephone calls from the Seller.
Seller agrees that Buyer may share Seller's information with other persons or
non-affiliated companies in order to provide Product. Please see Seller's
Buyer accepts full responsibility for limiting unsolicited contact and Buyer
understands that he retains all rights to directly restrict communication or
solicitation from any party including the Seller.
Buyer agrees to allow the Seller to collect, store, and use for marketing
purposes all information collected from, provided by or otherwise ascertained
by electronic means from the Buyer. The Buyer, specifically, and as part of
the consideration paid for this product, waives all right to access, retrieve,
or control such information except that the Buyer retains the right to
restrict contact as described previously.
Buyer understands that cookies may be placed on his or her hard drive that
will provide information to the Seller. Buyer understands that these cookies
or other computer codes will reside on the hard drive and will communicate at
times with the Seller's computer and thereby transmit and receive information.
Buyer may disable or limit cookies; however, this may limit Buyer's ability to
interact with RealFreedomInc.com.
Credit Card Charges and Credit Card Fraud Penalties
Buyer warrants that he or she is over 18 years of age and is of legal age to
enter into contractual agreements in the state in which Buyer is present when
Buyer makes this purchase, and is the true and authorized owner of the credit
card used to make this purchase. Buyer's violation of any of these
requirements may result in civil or criminal prosecution.
Any fraudulent usage of Buyer's own credit card, against Seller, authorizes
Seller's contact with Buyer's credit card companies in order to ascertain
information related to such fraud.
Buyer agrees that if he uses fraudulent means to receive more than one refund,
bank fees, or if he causes a fraudulent dispute claim that results in a
chargeback against the Seller's account, that the Seller is authorized to
re-charge the Buyer's credit card that was used for the original purchase to
the extent that will make the Seller whole. Buyer may also be liable for
Guarantee and Warranty
Product is sold 'as is' without warranty or guarantee of any kind as to
results from use of Product. Seller does not warrant that RealFreedomInc.com,
the information, content, materials, products or services included on or made
available through RealFreedomInc.com is free of viruses, worms, or any other
content that made be harmful to Buyer's hardware or software.
To the fullest extent of applicable law, Seller disclaims all warranties,
express or implied. Seller is not liable for any damages that result from the
use of RealFreedomInc.com or Product, including but not limited to direct,
indirect, incidental, punitive and consequential damages, unless there is an
express agreement in writing to the contrary.
Certain state laws do not allow limitations of liability and warranty. Buyer
may have additional rights if these laws apply.
Assumption of Risk
Buyer agrees to accept all risk associated with the use of this Product,
including but not limited to the use of the product personally or in business,
all taxes and regulations applicable to this product, all legal compliance
issues related to this product. Buyer warrants an understanding that the
Seller is disclaiming all liability from harm of any kind or nature caused
directly or indirectly from this product.
Specific Disclaimers as to "Results Claims," "Income Claims," or "Earnings
Claims" in Sales and Promotional Materials or Product.
Seller makes no claims with regards to income, results or earnings in use of
Product. Buyer's income, results and/or earnings are Buyer's sole
Buyer agrees to indemnify and hold Seller harmless for any and all liability,
actions, causes of action, and damages (including attorneys' fees and other
court costs) that Buyer causes by using the product or information contained
on RealFreedomInc.com that results in a damage award against Seller, unless
limited of prohibited by law.
Right to Stop Selling or Servicing Product or Membership
Buyer agrees that Seller has the right to discontinue the product, the
service, the membership at any time without notice.
Buyer understands that the Seller may discontinue customer service on a
product or service at any time without notice.
California Residents Note
Buyer is entering into a contract that may modify, restrict, or eliminate
rights Buyer has under the California Online Privacy Protection Act of 2003
right to view or modify the content of Seller's database. Buyer waives any
right to force Seller to divulge when or to whom Buyer's information may have
been provided to third parties. In the event Seller elects at its sole
discretion to release information to Buyer, Buyer must clearly establish
Buyer's identity. The required identifying information may include credit card
info, social security numbers, notarized copies of state issued
identification, or other identification sufficient. Additionally, this
Purchase Agreement requires that Buyer agree to use the American Arbitration
Policy, or Purchase Agreement, and not the courts of the state of California.
Buyer also agrees, as part of the required consideration, that any cause of
action is presumed to have arisen in Tampa, Florida, not in the state of
All disputes, controversies or claims arising from or relating to this
contract shall be submitted to binding arbitration in accordance with the
applicable rules of the American Arbitration Association then in effect.
Information about the American Arbitration Association, its rules, and its
forms are available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in
Tampa or Hillsborough County.
The prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
Jurisdiction and Venue
If any matter concerning this purchase shall be brought before a court of law,
pre- or post-arbitration, Buyer agrees to that the sole and proper
jurisdiction to be Tampa, Florida unless otherwise here specified. In the
event that litigation is in a federal court, the proper court shall be the
closest federal court to the Seller's address.
Buyer agrees that the applicable law to be applied shall, in all cases, be
that of the state of Florida.
Buyer herewith agrees to receive Notice of Changes, Litigation, Service of
Process, Cancellation, Termination, and Modification of service or product at
the email address provided to Seller on the ordering page. Further, Buyer
agrees that the right to contact Buyer concerning legal notice shall not be
terminated by previously submitted unsubscribed notices and specifically
agrees that any notification to cease contact shall not be binding upon the
Seller in regards to Notice of Change, Litigation, Service of Process,
Cancellation of Product or Service or Membership or Subscription, Termination
of a program, product or website, or Modification of the terms of service or
This Purchase Agreement cannot be modified in any manner between the Seller
and this Buyer unless modifications are made in writing signed by both
parties. However, the Seller may modify this Purchase Agreement at any time
for other Buyers without notice to the instant Buyer.
Enforceability of Provisions
In the event that some provisions, terms, conditions of the Purchase Agreement
are held to be invalid or unenforceable, the remainder of the provisions that
are enforceable shall control. Additionally, Buyer and Seller agree that, if
any provision is found to be invalid or unenforceable, the arbitrating panel
will construe such provision to the maximum extent that it might be found to
be valid or enforceable.
Waiver of Breach
The Seller's waiver (failure to enforce) any term of this agreement shall not
be construed as a modification or an amendment to this agreement or constitute
a waiver of other breaches.
SELLER CONTACT INFORMATION
The Seller of this product is:
Real Freedom, Inc.
PO Box 48617
Tampa, FL 33646
By taking the affirmative step of purchasing of a product, service, or
membership Buyer attests to have fully read, understood, and accepted the
terms of this Purchase Agreement contract, and warrants to the Seller that
said affirmative digital acceptance shall be deemed to be the same as if you
had affixed your signature to this Purchase Agreement contract.
2022 Real Freedom, Inc.
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© 2022 RealEstateMogul LLC.
Your privacy is very important to us. We want to make your experience with our company as enjoyable and rewarding as possible, and we want you to use our vast array of information, tools, and opportunities with complete confidence.
This Privacy Statement explains our views and practices concerning privacy, and how they may pertain to you as a user of our website.
All information transmitted, printed or otherwise submitted to Real Freedom Inc via this website shall be deemed to be the property of Real Freedom Inc and Real Freedom Inc shall be free to use such information for any lawful purpose as detailed herein.
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The information and services provided to us or our affiliates, sponsors, and advertisers are not intended to be viewed by children (under 18 years old). No information collected from children is knowingly used for any marketing or promotional purposes whatsoever, either inside or outside Real Freedom Inc. No part of Real Freedom Inc’s website is structured to attract anyone under the age of 18.
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Real Freedom Inc is dedicated to ensuring compliance with the ‘Can-Spam Act’, which took effect January 1, 2004. You may receive email from Real Freedom Inc in the following circumstances:
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
(Please replace “AT” with @ and “DOT” with .)
Real Freedom Inc understands consumers’ concerns over the use of their personal information. We hope this information will relieve any concerns you may have regarding our email policies. Real Freedom Inc and its affiliated sites use only an “opt-in or opt out” method of obtaining customer information, and it is not our policy or desire to send unsolicited email. We obtain email addresses and personal information from third parties that follow the same set of policies. Real Freedom Inc email messages sent always include information about the origin of the emails and instructions on how recipients can unsubscribe from receiving future email messages.
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© 2022Real Estate Mogul LLC
Real Estate Mogul LLC
5023 W. 120th Ave, #102
Broomfield, CO 80020
FROM PRESTON ELY - MY PERSONAL DISCLAIMER TO YOU
Hi - we do everything in our power to run a good, clean business and help people succeed.
We've been in business for nearly a decade. Our mission is simple: help 1,000,000 people live lives of greater freedom. That's what gives us juice and passion.
Unfortunately, there are people and companies who do bad things and make products that don't work at all or don't work as advertised. That behavior hurts everyone.
The bottom line is there is no such thing as magic. There is no magic unicorn that will appear on your doorstep and start pooping gold bars or giving you free money.
Just because people in this program have made lots of money doesn't mean or imply the same will happen to you. In business, and in life, there are no guarantees.
Any one of the people who we happen to feature in this program have a BIG WHY - they want to make a difference and help themselves, their families, their employees and customers succeed. They want more and they apply themselves, they get outside of their comfort zones, acquire new skills, work like crazy, make mistakes, and fail, BUT THEY DON'T GIVE UP.
They implement. They don't quit. They serve. They didn't blame someone or something else for their mistakes or failures - instead, they do the HARD WORK that it takes to make a difference.
They use our tools, systems, psychology, mindset, training, community and events to succeed.
If you're the type of person that isn't willing to roll up your sleeves, learn, explore, grow and focus on helping other people succeed, our programs aren't for you.
If you're a blamer, whiner, malcontent, or just downright lazy, our programs aren't for you.
But if the content is this program and our videos resonate with you - and you can see the possibility and potential that this can work for you, then WELCOME HOME. You're in the presence of REAL PEOPLE who are helping REAL BUSINESSES succeed, thrive and survive.
It would be both mine and my team's pleasure and honor to serve and support you so you can EARN MORE, LIVE MORE and GIVE MORE.
Preston Ely, CEO
FULL EARNINGS DISCLOSURE:
RealEstateMogul LLC. (The Company) does not guarantee income or success, and examples shown at RealEstateMogul.com do not represent an indication of future success or earnings. The Company declares all information shared is true and accurate, and any claims made of actual earnings or examples of actual results can be verified upon request.
The earnings, revenue and profit results that a customer will generally achieve in circumstances similar to those depicted in the endorsements and testimonials on this site depend on many factors and conditions, including but not limited to, work ethic, learning ability, use of the products and services, business experience, daily practices, business opportunities, business connections, market conditions, availability of financing, and local competition, to name a few. Because of impediments due to any one or more of the foregoing and other factors, it is generally expected that no earnings, revenues or profits will be achieved with the use of any products or services advertised on this site in circumstances similar to those referenced in any endorsement or testimonial.
Each of the purchasers of our products and services who have provided their endorsement or testimonial for use on this site have received a refund in the amount of the cost of the product and service in exchange for their endorsement or testimonial.