WEBVTT

NOTE
This file was generated by Descript 

00:00:01.530 --> 00:00:04.860
Grab your popcorn for this one
are contingency agreements.

00:00:04.860 --> 00:00:05.730
Enforceable.

00:00:05.940 --> 00:00:07.170
I've been getting this question a lot.

00:00:07.170 --> 00:00:08.790
I've responded in the comments by the way.

00:00:08.790 --> 00:00:13.380
Thank you for dropping comments on
the videos, constructive comments like

00:00:13.380 --> 00:00:17.070
this lead to new videos, and it helps
enrich the community in each one of

00:00:17.070 --> 00:00:19.230
our lives, because I respect your time.

00:00:19.500 --> 00:00:22.740
You're spending valuable time and
resources being here with me today.

00:00:22.950 --> 00:00:26.550
And my mission is to help you leave in
a better position than you were with

00:00:26.580 --> 00:00:28.620
actionable strategies to use in the field.

00:00:28.620 --> 00:00:29.110
So you can do.

00:00:29.850 --> 00:00:34.140
Smash your income goal and give
every customer an amazing experience.

00:00:34.290 --> 00:00:35.310
Welcome or welcome back.

00:00:35.310 --> 00:00:37.680
My name is Adam Benjamin, and
today I'm gonna open the can of

00:00:37.680 --> 00:00:39.450
worms on contingency agreements.

00:00:39.450 --> 00:00:42.150
And if they're enforceable, I'd like
to hear your input on this as well.

00:00:42.180 --> 00:00:45.540
Listen, I learned regularly
every single training I run.

00:00:45.720 --> 00:00:48.930
I learned from people who are
there including brand new reps.

00:00:49.890 --> 00:00:52.980
I'm going to share my experience
in this video, my learnings, in

00:00:52.980 --> 00:00:55.800
my point of view, whether you
agree or disagree is totally fine.

00:00:56.040 --> 00:00:59.099
All I ask is that you be
cognizant and respectful of

00:00:59.099 --> 00:01:00.120
supporting the growth of others.

00:01:00.300 --> 00:01:01.260
And if not, that's okay too.

00:01:01.260 --> 00:01:04.200
You can keyboard command to a way, and
I'm sure people will be entertained.

00:01:04.500 --> 00:01:05.580
All right, now let's get to it.

00:01:05.580 --> 00:01:07.350
Our contingency agreements, enforceable.

00:01:07.620 --> 00:01:10.229
First part of this, it depends on who.

00:01:10.750 --> 00:01:15.310
You ask, what I'd like to do first
is lay the foundation of what a

00:01:15.310 --> 00:01:20.500
contingency agreement is and why it is
used before we get caught in the weeds.

00:01:21.070 --> 00:01:22.330
Excuse me, about the legal side.

00:01:22.390 --> 00:01:23.440
So what is the contingency agreement?

00:01:24.009 --> 00:01:29.530
Contingency agreement is essentially
a glorified handshake that says we're

00:01:29.530 --> 00:01:32.860
going to get your roof approved or help
you get it approved by the insurance.

00:01:32.920 --> 00:01:35.830
And if it is, we get to do the work cool.

00:01:36.929 --> 00:01:38.490
That's the contingency agreement.

00:01:38.940 --> 00:01:42.570
Now in a playlist, I've done,
which I'm going to make really

00:01:42.570 --> 00:01:43.320
easy for you to get off.

00:01:44.774 --> 00:01:47.955
If you click on the link in the
description for the pitch, like a pro

00:01:47.955 --> 00:01:52.664
roofing sales training video library, or
you can go to the roof, strategist.com.

00:01:52.725 --> 00:01:56.475
It'll bring you right to this page in
here in my pitch, like a pro roofing

00:01:56.475 --> 00:01:59.715
sales training video library, I've done
an entire playlist, which you can click

00:01:59.715 --> 00:02:04.365
and binge through on the contingency
agreement and its use as a closing.

00:02:05.270 --> 00:02:07.520
Now I highly recommend you check that out.

00:02:07.550 --> 00:02:10.160
And again, it's available for
free@theruthstrategist.com or

00:02:10.160 --> 00:02:12.950
you can click the link in the
video or podcast description.

00:02:13.970 --> 00:02:17.270
The reason I bring that up is it's
my belief that the contingency

00:02:17.270 --> 00:02:21.380
agreement is first a closing tool.

00:02:22.220 --> 00:02:22.490
Okay.

00:02:22.490 --> 00:02:23.630
Now what do I mean by that?

00:02:24.080 --> 00:02:28.460
It is a way to lock in the deal, have
that handshake say, we're going to do this

00:02:28.460 --> 00:02:33.080
work for you, and we're going to be the
contractor of choice to actually do the.

00:02:34.695 --> 00:02:38.535
Next it is again,
contingent upon approval.

00:02:38.535 --> 00:02:40.335
Meaning if the insurance company says no.

00:02:41.145 --> 00:02:42.105
We're not replacing it.

00:02:42.105 --> 00:02:43.275
They don't owe you anything.

00:02:43.484 --> 00:02:45.075
So it removes a risk.

00:02:45.105 --> 00:02:45.345
Okay.

00:02:45.345 --> 00:02:46.665
So contingent upon approval.

00:02:46.845 --> 00:02:52.305
And I've done another video a couple of
weeks back on risk reversal by removing

00:02:52.305 --> 00:02:53.595
people's fear of signing the thing.

00:02:54.225 --> 00:02:55.905
And when used as.

00:02:56.580 --> 00:03:01.290
Closing tool in, um, contingent upon
approval to, to use risk reversal.

00:03:01.410 --> 00:03:03.870
We end up earning more business.

00:03:04.050 --> 00:03:06.780
So what it is not quite yet is a contract.

00:03:07.110 --> 00:03:07.380
Okay.

00:03:07.380 --> 00:03:10.470
It is not yet a contract by law.

00:03:10.650 --> 00:03:14.820
And again, this is where, uh, if
you're every state law is different.

00:03:15.240 --> 00:03:15.600
Okay.

00:03:15.990 --> 00:03:19.410
And if you disagree with this
or your legal counsel has been

00:03:19.410 --> 00:03:20.400
different, drop a comment.

00:03:20.640 --> 00:03:23.520
But my understanding is it's not
a contract until money changes.

00:03:24.660 --> 00:03:26.880
Now you go through and do this work.

00:03:27.000 --> 00:03:27.060
Yeah.

00:03:27.090 --> 00:03:28.140
It's not billable.

00:03:28.410 --> 00:03:28.950
All right.

00:03:28.980 --> 00:03:34.440
So if they cancel on you, it's not a
contract yet until money changes hands.

00:03:35.460 --> 00:03:36.870
So here's where it gets interesting.

00:03:36.870 --> 00:03:41.550
Most people on their contingency
agreement have a 10 to 20% cancellation,

00:03:41.579 --> 00:03:45.210
meaning let's say we get the insurance
company approved for $10,000 roof.

00:03:45.360 --> 00:03:46.890
We have a 20% cancellation.

00:03:46.890 --> 00:03:48.660
If you decided to work with
someone else, it's on the fine

00:03:48.660 --> 00:03:49.920
print on the back or on the front.

00:03:50.250 --> 00:03:52.940
And if you back out, you owe us 2000.

00:03:53.924 --> 00:03:54.375
Okay.

00:03:54.555 --> 00:03:59.234
Now let's loop back to the,
is it enforceable number

00:03:59.234 --> 00:04:01.965
one, depends who you ask.

00:04:02.295 --> 00:04:03.465
Now let's get into the weeds.

00:04:04.695 --> 00:04:08.174
In my opinion, the number one reason
to have a contingency agreement

00:04:08.174 --> 00:04:09.435
is to act as a closing tool.

00:04:10.275 --> 00:04:14.084
Our particular attorney
wanted it to be 900.

00:04:15.210 --> 00:04:18.960
Federal myself, homeowners season nine
pages are going to think they're signing

00:04:18.960 --> 00:04:20.910
their entire life away in their firstborn.

00:04:21.090 --> 00:04:22.860
We're never going to
get deal sign on this.

00:04:23.430 --> 00:04:28.740
So we made a decision as a company
to say, I'm more interested in this

00:04:28.740 --> 00:04:33.390
acting as a closing tool to help
us secure deals in lock in deals on

00:04:33.390 --> 00:04:37.200
good faith, because we will earn the
business than I am of having it be.

00:04:37.745 --> 00:04:38.495
Bulletproof.

00:04:38.915 --> 00:04:42.245
So we elected for a single
one page contingency.

00:04:42.245 --> 00:04:44.795
That was double-sided
the terms for, for them.

00:04:44.795 --> 00:04:46.715
And then all the fine print on the back.

00:04:47.135 --> 00:04:52.385
What this allowed us to do was increase
the volume of people who were excited

00:04:52.385 --> 00:04:56.945
to sign it because of how we positioned
it, which by the way I teach in that

00:04:57.155 --> 00:05:00.185
free video library, the pitch like a
pro roofing sales stream, video library.

00:05:00.395 --> 00:05:03.815
And if you want to learn like my
whole in-home sales system, I do that.

00:05:04.280 --> 00:05:06.710
My program called the roofing
sales success formula, which is

00:05:06.710 --> 00:05:10.250
an all-in-one sales training,
sales strategy and sales system.

00:05:10.460 --> 00:05:14.330
That's being used by thousands as we
speak from the smallest companies that

00:05:14.330 --> 00:05:17.600
started yesterday to some of the top
hundred roofing companies in America.

00:05:17.930 --> 00:05:20.690
And it plans for individual
reps or for owners with a team.

00:05:20.720 --> 00:05:26.450
And in my closing strategy, which I
cover for storm and retail, I discuss

00:05:26.450 --> 00:05:29.180
how to position the contingency
agreement as the closing tool.

00:05:29.330 --> 00:05:31.310
And I teach the entire process now.

00:05:32.130 --> 00:05:36.599
There is a sample contingency
agreement included in my program.

00:05:36.840 --> 00:05:38.159
Uh, but I just want to be crystal clear.

00:05:38.159 --> 00:05:39.870
It is a sample cause every
state law is different.

00:05:40.049 --> 00:05:43.049
Some company or some states say,
you know, your cancellation clause

00:05:43.049 --> 00:05:44.250
has to be in this type font.

00:05:44.250 --> 00:05:47.039
This typeface this size on the
first page with this number of days,

00:05:47.219 --> 00:05:49.109
the next one has it differently.

00:05:49.380 --> 00:05:52.440
So you just got to make sure that you're
compliant with your local laws now.

00:05:52.620 --> 00:05:53.969
So let's get back to it.

00:05:54.060 --> 00:05:56.909
Number one, main mission
act as a closing tool.

00:05:57.419 --> 00:05:57.870
Number two.

00:05:58.575 --> 00:06:00.555
Question is it enforceable?

00:06:00.915 --> 00:06:03.135
I saw a comment on one of the
videos and someone said, Hey,

00:06:03.135 --> 00:06:04.395
it is according to my attorney.

00:06:04.785 --> 00:06:08.865
And the reality is it
depends on your contingency.

00:06:09.165 --> 00:06:13.395
If you have everything listed
out, could it be enforceable?

00:06:13.395 --> 00:06:14.415
The answer is, yes.

00:06:14.775 --> 00:06:17.385
My next question to you is
this, is it worth going in?

00:06:18.135 --> 00:06:19.935
Do you know what an attorney
is going to cost you?

00:06:20.265 --> 00:06:23.775
If you have a cancellation and
you're going to collect 20%,

00:06:24.075 --> 00:06:25.665
here's what most people do.

00:06:25.665 --> 00:06:29.355
Most of the people that I work with
will send an invoice for this 20%.

00:06:31.065 --> 00:06:31.485
Okay.

00:06:31.845 --> 00:06:36.225
The last company I trained, it's
funny, we actually talked about this.

00:06:36.225 --> 00:06:36.975
They send invoice.

00:06:37.005 --> 00:06:37.515
I had done this.

00:06:38.685 --> 00:06:41.835
I did in fact, collect this on a
commercial project I did when the property

00:06:41.835 --> 00:06:44.055
owner decided last minute, not to do
the work because he needed the money

00:06:44.715 --> 00:06:46.725
and we collected that 20% cancellation.

00:06:47.115 --> 00:06:51.045
There are times if you see shaky feet
with people, you can communicate this.

00:06:51.165 --> 00:06:51.525
Okay.

00:06:51.885 --> 00:06:52.515
Now what happens?

00:06:52.515 --> 00:06:53.265
You send the invoice.

00:06:53.325 --> 00:06:54.435
Some people will pay it.

00:06:54.465 --> 00:06:55.275
It is true.

00:06:55.365 --> 00:06:55.965
They will.

00:06:56.235 --> 00:07:02.145
And there are other people that won't
now let's say at 20%, uh, if you have

00:07:02.145 --> 00:07:07.095
a, a $15,000 roof, you're going to
collect 30 grand or excuse me, $3,000.

00:07:08.070 --> 00:07:10.260
Someone double check my math and
horrible at it, but you can drop a

00:07:10.260 --> 00:07:11.880
link in or drop a comment in my maths.

00:07:12.359 --> 00:07:13.349
So you can collect three grand.

00:07:13.619 --> 00:07:17.310
By the time you invest all of your
time, energy, resources, and effort to

00:07:17.310 --> 00:07:22.229
collect your job file, submit it to the
attorney, pay your attorney's fees, have

00:07:22.229 --> 00:07:26.460
them chase the homeowner in for all of
your emotional energy to go into it.

00:07:26.669 --> 00:07:32.669
My guests, if you are lucky, you may
get paid and you might make $1,500.

00:07:33.695 --> 00:07:37.535
Versus reallocating all those time and
resources to just go find a customer

00:07:37.535 --> 00:07:40.775
you actually want to serve and let
bygones be bygones, because let me

00:07:40.775 --> 00:07:43.265
tell you this principle is expensive.

00:07:44.045 --> 00:07:48.155
And the other threat that you have
is that by pursuing the legality

00:07:48.155 --> 00:07:50.915
side of the contract means your
contract must be buttoned up.

00:07:51.425 --> 00:07:56.165
I ended up in an, in an arbitration
with a customer and his attorney, even

00:07:56.165 --> 00:07:59.495
though this was not the cause they
thought that we damaged the gutters,

00:07:59.645 --> 00:08:01.325
which we didn't I had before pictures.

00:08:01.325 --> 00:08:01.915
He signed off.

00:08:02.365 --> 00:08:03.355
It's a story for another day.

00:08:03.355 --> 00:08:06.385
The attorney thought we doctored
the pictures we literally had before

00:08:06.385 --> 00:08:09.175
pictures and after pictures and
the gutters were damaged in both.

00:08:09.205 --> 00:08:10.105
He'd signed off on them.

00:08:10.105 --> 00:08:13.435
They were timestamped his attorney,
this absolute, I'm going to say it.

00:08:13.705 --> 00:08:17.755
Total slime ball attorney literally says
to me, those pictures were doctored.

00:08:17.905 --> 00:08:18.565
So what do I do?

00:08:18.625 --> 00:08:20.965
I started laughing and then
I realized he was serious.

00:08:21.355 --> 00:08:21.925
And then Mr.

00:08:21.925 --> 00:08:26.575
Slimeball attorney starts diverting
all this attention about the gutter

00:08:26.575 --> 00:08:30.775
damage to the terms of our contract and
pokes holes in all of these different.

00:08:32.580 --> 00:08:36.270
Now, the funny thing is this was an $800
discrepancy that I ended up solving by

00:08:36.270 --> 00:08:39.990
kicking both attorneys out of the room
and having a man to man with the gentleman

00:08:39.990 --> 00:08:41.250
sitting across the table from me.

00:08:41.549 --> 00:08:43.140
And we got it solved right there.

00:08:43.830 --> 00:08:45.840
Did I get what was due and right.

00:08:45.900 --> 00:08:49.500
No, but principle is expensive and
he was willing to drag his feet

00:08:49.500 --> 00:08:51.330
with his little contingency lawyer.

00:08:52.230 --> 00:08:55.680
Poking holes at all this, for hopes of
some massive thing to just say, we'll

00:08:55.680 --> 00:08:58.920
eat the 800 bucks to be done because he
was ready to take this thing to court.

00:08:59.120 --> 00:09:00.630
Principle is expensive.

00:09:00.930 --> 00:09:03.089
So I want to wrap this up
with an action plan for you.

00:09:03.089 --> 00:09:04.020
I'm going to give you my perfect.

00:09:04.815 --> 00:09:07.365
Uh, feedback and you can
run with this or not.

00:09:07.785 --> 00:09:10.965
In my opinion, number one, contingency
agreements should be positioned

00:09:10.965 --> 00:09:14.355
as a closing tool and it should
be advantageous for the homeowner

00:09:14.475 --> 00:09:17.025
because you will sign more deals.

00:09:17.025 --> 00:09:20.655
I'd rather sign 20% more deals
because the contingency agreement is

00:09:20.655 --> 00:09:22.065
positioned and communicated the right.

00:09:23.060 --> 00:09:26.270
And lose a couple rather than making
it bulletproofs and no one can back

00:09:26.270 --> 00:09:29.300
out and screw me over and I'm just
going to be a grump ball and I'm going

00:09:29.300 --> 00:09:30.260
to make sure they're Bulletproof.

00:09:30.270 --> 00:09:34.160
And what will happen is you're going
to sign less deals because homeowners

00:09:34.160 --> 00:09:34.939
are going to look through that.

00:09:34.939 --> 00:09:36.230
It'd be scared.

00:09:36.829 --> 00:09:37.939
So I would rather deal with that.

00:09:37.970 --> 00:09:38.260
The next.

00:09:39.824 --> 00:09:44.655
First course of action is to send
the invoice in compliance with

00:09:44.655 --> 00:09:49.785
the cancellation details of your
contingency agreement in some people,

00:09:49.785 --> 00:09:52.605
by the way, do teach that you can
review this with the homeowner.

00:09:52.605 --> 00:09:54.015
So they're aware of that.

00:09:54.795 --> 00:09:55.305
Penalty.

00:09:55.335 --> 00:09:57.885
So you do lock that deal
in, send the invoice.

00:09:58.215 --> 00:09:59.745
Many people will pay it some won't.

00:09:59.775 --> 00:10:03.105
You can always of course follow up with
a phone call and then it is up to you.

00:10:03.195 --> 00:10:05.685
Should you choose to go the legal route?

00:10:05.775 --> 00:10:09.885
I'll tell you mine, unless it was
an absolute monster project, a

00:10:09.885 --> 00:10:14.835
commercial project, unless we had
exorbitant amount of time, energy and

00:10:14.835 --> 00:10:16.545
resources getting something approved.

00:10:16.695 --> 00:10:17.655
That is the only time.

00:10:17.655 --> 00:10:20.025
And there were a couple of
them that we did that for, but

00:10:20.025 --> 00:10:22.395
it's a very selective position.

00:10:22.755 --> 00:10:23.565
Otherwise to me.

00:10:24.185 --> 00:10:25.895
Friends out there and to owners.

00:10:26.625 --> 00:10:28.425
Remember sign more deals.

00:10:28.665 --> 00:10:29.984
Principle is expensive.

00:10:30.104 --> 00:10:34.425
Send that invoice, move on and go sign
a customer that you are meant to serve.

00:10:34.755 --> 00:10:37.244
Hey, thanks for joining
me in today's video.

00:10:37.425 --> 00:10:40.425
If you haven't yet done it, I'd love
for you to join me, to learn more

00:10:40.425 --> 00:10:43.425
about this contingency agreement,
how to position it as a closing tool.

00:10:43.814 --> 00:10:46.395
And you can do that for free
and my pitch like a pro roofing

00:10:46.395 --> 00:10:47.535
sales training video library.

00:10:47.834 --> 00:10:48.765
And if you want.

00:10:49.410 --> 00:10:53.460
I'd love to chat with you, or you can
chat with my team about our all-in-one

00:10:53.460 --> 00:10:56.820
sales training, sales strategy and
sales system to learn the entire system

00:10:57.120 --> 00:10:59.100
to rock it out with your homeowners.

00:10:59.160 --> 00:11:01.380
All right, there's a link
in the description below.

00:11:01.530 --> 00:11:07.140
You can always give us a call at
(303) 222-7133 color text, and I

00:11:07.140 --> 00:11:08.610
will see you on the next video.