Surplus Tax Overage Recovery Fee Agreement

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Surplus Tax Overage Recovery Fee Agreement

This Fee Agreement (“Agreement”) is made and entered into as of [DATE] by and between [YOUR BUSINESS NAME], a [STATE OF INCORPORATION] corporation with its principal place of business at [YOUR ADDRESS] (“Company”), and [CLIENT NAME], residing at [CLIENT ADDRESS] (“Client”).

WHEREAS, Company provides services to assist clients in recovering surplus tax overages resulting from the sale of their foreclosed properties; and

WHEREAS, Client desires to engage Company to assist in recovering surplus tax overages from the sale of Client’s foreclosed property located at [PROPERTY ADDRESS] (“Property”);

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

1. Services

Company agrees to provide the following services to Client:

• Initial Consultation: Review Client’s case and assess the potential for recovering a surplus tax overage. (Free Consultation) Opens in a new window yourstory.com Consultation
• Research and Investigation: Identify and gather relevant documentation, including foreclosure records, auction results, and tax records.
• Claim Preparation: Assist Client in preparing and filing all necessary paperwork with the court and other relevant authorities.
• Negotiation and Communication: Communicate with attorneys, creditors, and other parties on Client’s behalf in an attempt to maximize the recovered surplus.
• Case Management: Oversee the claim process and keep Client informed of progress through regular updates.

2. Attorney Services

Company will engage the services of attorneys to assist with Client’s case. Client acknowledges and agrees that any fees charged by such attorneys will be covered by the 30% contingency fee and not require any additional payment from Client.

3. Fees

Client agrees to pay Company a contingency fee of 30% of any recovered surplus overage.

• No Upfront Fees: Client will not be responsible for any upfront fees or retainers.
• Contingency Fee: The 30% contingency fee will be deducted from the recovered surplus overage before any funds are disbursed to Client.
• Expenses Covered: All reasonable out-of-pocket expenses incurred in connection with Client’s case, such as court filing fees, document retrieval fees, postage, and attorney fees, will be covered by the 30% contingency fee. Client will not be responsible for any additional expenses.

4. Payment Terms

• The contingency fee will be due and payable upon the successful recovery of a surplus overage by Client.
• If no surplus overage is recovered, Client will not be obligated to pay any fees.

5. Termination

This Agreement may be terminated by either party upon written notice to the other party.

6. Representations and Warranties

Client represents and warrants that:

• Client has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.
• The information provided by Client to Company is accurate and complete.

7. Disclaimer of Warranties

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF THE CONTINGENCY FEE RECOVERED FROM THE SURPLUS OVERAGE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [STATE].

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

11. Amendments

This Agreement may be amended only by a writing signed by both parties.

12. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, postage prepaid, or sent by overnight courier service to the addresses set forth above.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[YOUR BUSINESS NAME]