DIY Landlord Pro Assistance Agreement

1. Terms of Engagement
The Owner hereby employs the Agent to assist in placing a tenant for the Premises, excluding ongoing management services, for a placement fee equal to 35% of the first month’s rent or a minimum of $600, whichever is higher. The Agent agrees to perform the following services:

a. Validation of Ownership:

• Use online camera systems and government-issued ID matching to verify the Owner’s identity in accordance with applicable regulations.

• Landlord authorized us to pull out the title of the property, ($15 value included).

b. Marketing and Advertisements:
    Market the Premises via:
        i. The Agent’s website;
        ii. Internal channels including property managers, agents, and realtors;
        iii. Online platforms such as Facebook Marketplace, Craigslist, Kijiji, Padmapper, and others.

c. Tenant Validation:
    Obtain and review necessary documentation, including but not limited to pay stubs, bank statements, employment letters, government-issued IDs, pet photos, and work permits. The Agent will prepare a summary report of the applicant’s key findings—both positive and negative—including employment status, income details, pet information, and any potential red flags such as indications of credit fraud or identity theft. The Agent shall conduct landlord and employment reference checks and collect public social profiles and related data.
    For credit checks, the Agent will utilize a Single Key service (Equifax or TransUnion) and include up to four credit check reports at an approximate cost of $30 per report. Should the number of applications exceed four, the Owner agrees to cover the additional costs. The final tenant selection remains the responsibility of the Owner.

d. Document Provision:
    Provide templates for the tenancy agreement, payment instructions, move-in instructions, and inspection checklist. The templates are based on applicable residential tenancy rules and require the Owner’s review and signature.

2. Rent
The rent shall be determined upon receipt of property details and incorporated into the Residential Tenancy Agreement by the Owner. The Agent shall commence marketing the Premises once the Owner confirms the estimated rent provided by the Agent.

3. Fraud Prevention
In the event of any suspicion or evidence of fraud, the Agent reserves the right to suspend payments and report the matter to FINTRAC or any relevant regulatory body.

4. Consent and Privacy

a. Owner Consent:
    The Owner consents to the Agent accessing the property’s title and relevant landlord information solely for tenant placement purposes. The Owner further authorizes the use of an online camera system to verify and match tenant identities with government-issued IDs.

b. Data Protection:
    The Agent shall protect all personal information in compliance with the Personal Information Protection Act (PIPA) using banking-level cybersecurity measures.

5. Indemnity and Liability

a. Owner’s Indemnification:
    The Owner shall indemnify, defend, and hold the Agent harmless from any claims, losses, or liabilities arising out of tenant placement or any actions by third parties. The Owner agrees to maintain liability insurance, at their own expense, adequate to protect the interests of both parties.

b. Agent’s Limited Liability:
    The Agent shall not be liable for any errors in marketing, inaccuracies in property information provided by the Owner, or any subsequent issues arising from such errors. The Owner warrants that all information supplied is accurate and complete.

6. Marketing and Listing

a. Property Marketing:
    The Owner authorizes the Agent to market the Premises and display the Owner’s contact information on the Agent’s platforms.

b. Truthful Listings:
    The Owner is responsible for ensuring that all property details are accurate and truthful.

7. Documentation and Approval

a. Lease Documentation:
    The Agent shall provide standard lease agreement templates, including those from the Residential Tenancy Branch (RTB). The Owner is responsible for reviewing and approving these documents prior to tenant execution.

b. Review and Approval:
    The Owner shall carefully review all provided agreements and templates for compliance with local laws prior to finalization.

8. Non-Liability for Tenancy Failures
The Owner agrees that the Agent’s responsibility is limited to tenant placement only and shall not be held liable for any tenancy failures, including missed payments, tenant disputes, or lease breaches.

9. Termination
Either party may terminate this Agreement by providing fourteen (14) days’ written notice. Such notice must be delivered in writing to the address provided above or as otherwise designated by either party.

10. Disclaimers

a. False Marketing and Information:
    The Agent is not responsible for any false or inaccurate property information supplied by the Owner.

b. Property Checklist Accuracy:
    The Owner affirms that the property checklist is accurate. Any discrepancies or errors shall be the sole responsibility of the Owner.

11. Additional Terms

a. Limitation of Liability:
    The Agent shall not be liable for any indirect, incidental, or consequential damages arising from this Agreement.

b. Governing Law:
    This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and applicable federal laws of Canada.

c. Severability:
    If any provision is held unenforceable, the remainder of this Agreement shall continue in full force and effect.

d. Entire Agreement:
    This document constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements.

e. Non-Solicitation:
    For a period of one (1) year following termination of this Agreement, the Owner shall not solicit or engage any employees or contractors of the Agent without prior written consent.

f. Confidentiality:
    Both parties agree to maintain the confidentiality of all exchanged information and not disclose it to third parties, except as required by law.

g. Force Majeure:
    Neither party shall be liable for delays or failures in performance due to causes beyond their reasonable control, including natural disasters, war, or legislative changes.

h. Notices:
    All notices required under this Agreement shall be in writing and deemed delivered when received in person or mailed, postage prepaid, to the addresses specified herein or as subsequently designated in writing.

i. Amendments:
    Any amendments or modifications must be in writing and signed by both parties.

j. Assignment:
    The Owner may not assign any rights or obligations under this Agreement without the prior written consent of the Agent. The Agent may assign this Agreement to any successor or affiliate without the Owner’s consent.

k. Dispute Resolution:
    Any disputes arising under this Agreement shall first be addressed through good faith negotiations. If unresolved, disputes shall be submitted to mediation, and if mediation fails, to binding arbitration in accordance with the Arbitration Act of British Columbia.

l. Compliance with Laws:
    Both parties agree to comply with all applicable federal, provincial, and municipal laws, regulations, and ordinances in performing their obligations.

m. Representations and Warranties:

    i. Owner’s Representations:
        The Owner represents and warrants that they have the legal capacity to enter this Agreement and that the Premises is free of liens or encumbrances which could impede the Agent’s performance.

    ii. Agent’s Representations:
        The Agent represents and warrants that it is duly authorized to enter into this Agreement and will perform its obligations in a professional and diligent manner.

Note: This Agreement is intended to comply with BCFSA regulations and other applicable laws. Both parties are advised to seek independent legal advice prior to execution.