This agreement is entered into by and between D & R Masters, Inc., a California corporation, d/b/a Piano Finders [hereinafter referred to as "Piano Finders"] and you [identified in items A-G below].  (all of the information below refers to the information you entered into our database when you were listing your piano for sale with us.)

1. OWNER:   
   ADDRESS: 
   CITY: 
   STATE:  
2. DAY PHONE: 
   EVE PHONE:  
   FAX: 
3. EMAIL: 
   
4. OWNER #2:    
   ADDRESS: 
   CITY: 
   STATE:  
5. DAY PHONE: 
   EVE PHONE:  
6. FAX:  
7. EMAIL:

If more than one person owns this piano, see **  below.

in relation to:

8. PIANO BRAND: 
9. SERIAL # (if there is no serial number, enter "none found"):
10. SIZE:  See How to Measure a Piano  if you need more info.
11. FINISH: 
12. MODEL #: 
13. PF APPRAISAL # (if applicable):

SPECIFIC TERMS for this transaction:

14. MINIMUM GROSS SALE PRICE:   in U. S. Dollars.
15. ACTUAL GROSS SALE PRICE:  The actual price that you sell the piano to a buyer for.  This does not include sales tax if applicable.

16. PIANO FINDERS COMMISSION:  Piano Finders takes a 10% commission if you sell your piano to a PIANO FINDERS REFERRED BUYER.   This commission is calculated based upon the ACTUAL GROSS SALE PRICE.  Example:  If the ACTUAL GROSS SALE PRICE is $10,000 and the Commission is 10%, then Piano Finders Commission would be $10,000 times .10 = $1,000. 

17. PIANO FINDERS FEES:  These are any fees that you have incurred and agreed to that remain unpaid at the time this piano sells.  These fees may have been incurred by you for transactions that are not part of this piano sale.  Listing a piano for sale is free of Piano Finders Fees, except under the conditions specified in the document PIANO FINDERS FEES. 
    

18. The following LIEN is on this piano:  If no lien, enter "no liens" into the "Lien Holder's Name" and leave the rest of the items blank.

    Lien Holders Name: 

    Address:

    Phone Number:

    Balance Owing: $ as of date:
    
    (If there is more than one lien on this piano, see ** below).

19. PIANO FINDERS REFERRED BUYER:  This is any buyer that has been referred to you by Piano Finders, even if you have already met the buyer through another source before Piano Finders referred them to you (Click on Exceptions to see the only circumstance when this rule does not apply).. If a buyer is referred to you by Piano Finders while your piano is listed on our website as "for sale", the PIANO FINDERS COMMISSION will be due if you sell your piano to that buyer.  You will know that a buyer has been referred to you if:  
    i.   You received an email, fax or personal call from Piano Finders giving you the name of the buyer.  
    ii.   The buyer contacted you directly through our website and was identified as coming from us.
    iii.   The buyer is a relative, friend or associate of a person who contacted Piano Finders on their behalf and got their referral to you through us.
    Exceptions- If you are already working with a few potential buyers at the time of signing this contract, you can give us their names and identifying information to exempt them from the PIANO FINDERS REFERRED BUYER list.  If you sell your piano to one of these buyers provided to us on your Exceptions List, then a PIANO FINDERS COMMISSION will not be due, even if they contact you again through our site while your piano is listed for sale with us. These potential buyers must be added to our database within 1 hour from the time you have signed this contract in order to be counted as exceptions. This is intended only for people who you have had contact with prior to listing your piano with us. (You will be given a link to a form to enter your Exceptions after you click on the "I Agree" button at the bottom of this page.)

PIANO FINDERS agrees to do the following:

1. Access.  We give you access to the the tools on our website that allow you to list your piano for sale and communicate with our potential buyers. 
2. Support.  We act in a supportive role to all participants.
3. Escrow.  We provide you with the option of using our escrow service.
4. Non Exclusive Contract.  We agree that this is a non-exclusive listing agreement and that you can advertise and sell your piano outside the PIANO FINDERS service.  You do not pay us a commission unless you sell your piano to a PIANO FINDERS REFERRED BUYER.

YOU, AS OWNER agree to do the following:

1. Agreement to sell.  You agree to submit an accurate and truthful listing of your piano for sale through the tools we have provided you to enter this information online.  If you receive a viable offer for the piano from a PIANO FINDERS REFERRED BUYER before the piano has been sold or taken off the market, you agree to sell your piano to the PIANO FINDERS REFERRED BUYER for no greater price the MINIMUM GROSS SALES PRICE.
2. Agreement to act as your own Seller Agent.  You agree to act as your own seller agent in representing your piano to the PIANO FINDERS REFERRED BUYERS who contact you.  You agree to respond to them in a timely manner, to make your piano available for them to see if reasonably possible and to make a reasonable effort to answer their questions.  
3. Agreement to notify us when piano sells.  If the piano is taken off the market, you agree to update your listing on pianofinders.com within 7 days and to mark it as "SOLD" or "OFF MARKET", whichever is appropriate.
4. Agreement to pay PF fees.  You agree pay any PIANO FINDERS FEES you have incurred on our site.  
5. Agreement to Escrow.  You agree to use our authorized escrow service if any PIANO FINDERS REFERRED BUYER requests it.  You authorize Piano Finders to be paid the fees that are due to us, as agreed upon in this contract, within 7 days of your receipt (or the escrow service's receipt) of the purchase price from the buyer.  
6. Consequences for non-performance.  Once you have agreed to sell your piano to a PIANO FINDERS REFERRED BUYER you agree to pay Piano Finders the PIANO FINDERS COMMISSION provided the buyer performs their part of the purchase agreement they have signed with you.  If you use our authorized escrow service, you agree to provide a Bill of Sale in favor of the buyer to the escrow service within three days of your accepting the buyer contract.  If you do not perform your part of the escrow instructions, this will be considered a breach of your contract with us. Acknowledging that it is difficult or impracticable to fix the actual damages arising from the breach of this paragraph, you agree to pay Piano Finders as liquidated damages all outstanding Piano Finders Fees plus 10% of the MINIMUM GROSS SALE PRICE.
7. Moving.  You agree to plan moving arrangements between yourself and the PIANO FINDERS REFERRED BUYER buyer.  You agree to release the piano to the mover that the buyer will designate in their "Pick Up Authorization" form, and to release it within the time frame specified on that form. 
8. Hold Harmless.  You agree to hold Piano Finders harmless from any and all claims, injuries, damages and liability which may arise from this agreement, any sales transaction and agreement of sale, from any lien holder's claim or charges or loss therefore, including any attorney's fees incurred by Piano Finders in defending or prosecuting any claim or action thereon.
9. Risk of Loss: You as Owner/Seller acknowledge that you have the SOLE obligation to insure the PIANO and that you bear the ENTIRE risk of loss, from whatever cause, while such property is subject to this agreement.  You agree that RISK OF LOSS will pass directly from you to the buyer upon the proper execution of a "Acceptance of Delivery" form.
10. Ownership.  You declare that you have read the document titled "Are You the Legal Owner of this Piano?" and you warrant that you are the sole owner(s) of the piano, and that no other party has any right, title, or interest of any nature in the piano except as specified in the LIEN HOLDER declaration in item "S". 
11. Term. This contract will be in effect from the date of execution of this contract until piano is marked "sold" or "off market" by you in the Pianofinders.com piano listing.  In the event that you sell the piano at any time to a PIANO FINDERS REFERRED BUYER  you shall still owe Piano Finders a 10% commission and all Piano Finders Fees incurred by using our service, even if the term of this contract has expired.    
12. Governing Law. This agreement shall be construed under the laws of the State of California and the United States of America.
13. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, and venued in Walnut Creek, California, USA, unless another venue is agreed to by the parties and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court of competent jurisdiction.
14. Entire Agreement: This writing contains the entire agreement of the parties.  All links that are referenced in this contract are incorporated as a part of the contract you are signing.  Please be sure that you read all links that are mentioned in this document. No representations other than those expressly set forth in this agreement were made or relied upon by either party. No agent, employee, or other representative of either party is empowered to alter any of the terms of this agreement, unless done in writing and signed by an executive officer of the respective parties.  Signing this contract does not change the terms and conditions of any other contract you have already signed with Piano Finders.
15. Notices: All notices pertaining to this Agreement shall be made in writing and shall be transmitted either by personal hand delivery or through the facilities of the United States Postal Service. The addresses contained herein for the respective parties shall be the places where notices shall be sent, unless written notice of a change of address is given.
16. Attorney's Fees: In the event legal proceedings are brought to enforce or interpret this agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees incurred therein.

**  If more than two people own this piano or there is more than one lien on this piano, submit two piano listings, on for each owner or lienholder.

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