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]  (* indicates a required field)

1. *OWNER #1:  
   *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 two people own 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 30% commission if you sell your piano to a buyer you have obtained through our website or referral.   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 30%, then Piano Finders Commission would be $10,000 times .3 = $3,000. 

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. NET TO OWNER:  This is the amount that is paid to the seller during the escrow process.    This amount is equal to:  
    
    ACTUAL GROSS SALE PRICE minus
    PIANO FINDERS COMMISSION minus
    All outstanding PIANO FINDERS FEES that have not been paid on Seller's Account with Piano Finders minus
    Any LIENs on the piano (see item "S" below) on the piano.

19. 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).

20. 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. 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.

21. SPECIFIC REQUESTS FOR THIS TRANSACTION:
    
    

22. *END DATE:  Choose End Date for Contract When Piano Sold 14 Days 30 Days 60 Days 90 Days 120 Days   This is the date that this contract expires.

PIANO FINDERS agrees to do the following:

1. Access.  List your piano for sale on our website and promote it throughout our Piano Finders Business Network.
2. Seller Agent.  Provide you a seller agent who will design a selling strategy for your piano and represent your piano for sale to prospective buyers by email, fax and phone.  
3. Support.  We act in a supportive role to all participants.
4. Escrow.  Provide you with escrow services for the transaction once a successful offer has been made.
5. Special Arrangements:  If you have special arrangements that need to be made for screening buyers who will come see the piano or moving it to another location where it can be seen, then your seller agent will help you to plan a strategy to accommodate your situation.
6. Exclusive Contract.  We are the sole representatives of your piano and will do what we can to promote it.

YOU, AS OWNER agree to do the following:

1. Agreement to sell.  You agree to submit an accurate and truthful information about your piano for sale.  This includes a photograph and an inspection report that can be shown to potential buyers to give them an accurate representation of your piano. (If you do not already have these, contact Piano Finders to discuss the options available for you to hire an expert to inspect your piano in your area.) 
2. Authorize Piano Finders to Sell Your Piano:  You authorize Piano Finders to accept offers to purchase, receive moneys, pay off liens, disburse funds, and to act as your authorized agent in all matters pertaining to the sale. You give Piano Finders authorization to disburse funds as follows:  NET TO OWNER will be paid to you.  All monies above Net to Owner will be retained by Piano Finders to pay commissions to participants in the selling process and liens that you have indicated need to be paid in item "S".
3. Agreement to pay PF fees.  You agree pay any PIANO FINDERS FEES you have incurred on our site.  
4. Agreement to Escrow.  You agree to use our authorized escrow service and to perform your part of the escrow instructions. 
5. Exclusive Representation.  You agree that this is an exclusive listing agreement and you will neither list the piano with any other brokerage or representative, nor offer to sell or sell the piano while this agreement is in effect. Title to the piano shall at all times remain with you and no sale shall be deemed final until such time as you authorize the release of the bill of sale to the buyer; provided, that in the event Piano Finders receives a bona fide offer to purchase the piano from a buyer during the term of this agreement, you agree to pay Piano Finders the commission specified below.   You agree to provide a Bill of Sale in favor of the buyer to the escrow service within three business 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 to Piano Finders as liquidated damages all outstanding Piano Finders Fees plus: 
          30% of the MINIMUM GROSS SALE PRICE 
   which sum represents the parties' best estimates of the actual damage that would be sustained by Piano Finders in the event of such a breach. 
6. Showing Piano:  You agree to make your piano available for PIANO FINDERS REFERRED BUYER's to see in a timely manner, if reasonably possible. If you are having the piano moved to another location where it can be shown to potential buyers by someone other than yourself, then this will be considered a fulfillment of your obligation for showing the piano.  
7. Moving.  You authorize Piano Finders to make arrangements with the buyer to have piano picked up by a mover to buyer's location upon Piano Finders' Escrow Service's receipt of the purchase money into escrow.  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. If Buyer Defaults:  In the event that a nonrefundable deposit made by a buyer for the purchase of a piano is forfeited because a buyer is unable to meet the purchase terms or otherwise to effect the purchase, you permit Piano Finders to retain 50% of the deposit and pay you the other 50% of the deposit. 
9. 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.
10. 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.
11. 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". 
12. Term. This contract will be in effect from the date of execution of this contract until END DATE.  If you have chosen "When Piano Sells" as END DATE, then either party may terminate this agreement by giving the other party thirty (30) days written notice of termination.  In the event that you sell the piano at any time to a PIANO FINDERS REFERRED BUYER  you shall still owe Piano Finders a 20% commission and all Piano Finders Fees incurred by using our service, even if the term of this contract has expired.    
13. Governing Law. This agreement shall be construed under the laws of the State of California and the United States of America.
14. 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.
15. 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.
16. 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.
17. 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.

This is a legally binding contract.    Your are accepting all of the terms of this contract when you click on the button below .

**  If more than two people own this piano or there is more than one lien on this piano, you will have an opportunity to add additional names to the copy you fax to us after clicking on the "I agree" button above.