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HomeMy WebLinkAboutC13-277 Brokerage Disclosure 69 Marble F228 The Valley Home Store The Kimberly B. Williams Valley Home Store Ph: 970-328-8776 Fax: 866-611-7237 1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (BDD56-5-09) (Mandatory 7-09) 2 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE LANDLORD AGENCY, TENANT AGENCY, BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE. 3 BROKERAGE DUTIES DISCLOSURE TO SELLER 4 (REO and Non-CREC Approved Listing Agreements) 5 6 ❑ SELLER AGENCY ®TRANSACTION-BROKER 7 Date: 9/5/2013 8 This Brokerage Duties Disclosure to Seller(Disclosure) is made in conjunction with a listing 9 agreement dated 9/5/2013 between Brokerage Firm and Seller(Listing Agreement). This 10 Disclosure supplements the Listing Agreement. 11 1, BROKER AND BROKERAGE FIRM. 12 ® 1.1. Multiple-Person Firm. If this box is checked, the individual designated by Brokerage 13 Firm to perform the services for Seller required by the Listing Agreement is called Broker. If more than 14 one individual is so designated,then references in this Disclosure and the Listing Agreement to Broker 15 shall include all persons so designated, including substitute or additional brokers. The brokerage 16 relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or 17 to any other brokers employed or engaged by Brokerage Firm who are not so designated. 18 19 ❑ 1.2. One-Person Firm. this box is checked, Broker is a real estate brokerage firm with 20 only one licensed natural person. References in this Disclosure to Broker or Brokerage Firm mean both 21 the licensed natural person and brokerage firm who serve as the broker of Seller and perform the 22 services for Seller required by the Listing Agreement. 23 24 2. DEFINED TERMS. 25 26 2.1. Seller: 27 28 2.2. Brokerage Firm: The Valley Home Store 29 30 2.3. Broker: Kimberly B. Williams Tori Franks 31 shall act for or assist Seller when performing activities in the capacity as shown by the box checked at 32 the top of this page 1. 33 34 3 3. BROKERAGE RELATIONSHIP. 35 3.1. If the Seller Agency box at the top of page 1 is checked, Broker shall represent Seller as a 36 limited agent of Seller(Seller's Agent). If the Transaction-Brokerage box at the top of page 1 is checked, 37 Broker shall act as a Transaction-Broker. 38 3.2. In-Company Transaction -Different Brokers. When Seller and buyer in a transaction 39 are working with different brokers,those brokers continue to conduct themselves consistent with the 40 brokerage relationships they have established. Seller acknowledges that Brokerage Firm is allowed to 41 offer and pay compensation to brokers within Brokerage Firm working with a buyer. 42 3.3. In-Company Transaction -One Broker .If Seller and buyer are both working with 43 the same broker, Broker shall function as: 44 3.3.1. Seller's Agent.. If the Seller,Agency box at the top of page 1 is checked, 45 the parties agree the following applies: 46 3.3.1.1. Seller Agency Only. Unless the box in§ 3.3.1.2 (Seller Agency 47 Unless Brokerage Relationship with Both) is checked, Broker shall represent Seller as Seller's 48 Agent and shall treat the buyer as a customer. A customer is a party to a transaction with whom Broker BDD56-5-09. BROKERAGE DUTIES DISCLOSURE TO SELLER Page 1 of 4 Seller(s)Initials: CTMeContracts.com-©2013 CTM Software Corp. '11;22."7 49 has no brokerage relationship. Broker shall disclose to such customer Broker's relationship with Seller. 50 ❑ 3.3.1.2. Seller Agency Unless Brokerage Relationship with Both . If this 51 box is checked, Broker shall represent Seller as Seller's Agent and shall treat the buyer as a 52 customer, unless Broker currently has or enters into an agency or Transaction-Brokerage relationship with 53 the buyer, in which case Broker shall act as a Transaction-Broker. 54 3.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is 55 checked, or in the event neither box is checked, Broker shall work with Seller as a Transaction-Broker. 56 A Transaction-Broker shall perform the duties described in §4 and facilitate lease transactions without being 57 an advocate or agent for either party. If Seller and buyer are working with the same broker, Broker shall 58 continue to function as a Transaction-Broker. 59 4. BROKERAGE SERVICES AND DUTIES. Brokerage Firm, acting through Broker, 60 as either a Transaction-Broker or a Seller's Agent, shall 61 perform the following Uniform Duties when working with Seller: 62 4.1. Broker shall exercise reasonable skill and care for Seller, including, but not limited to 63 the following: 64 4.1.1. Performing the terms of any written or oral agreement with Seller; 65 4.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether 66 the Property is subject to a contract for Sale; 67 4.1.3. Disclosing to Seller adverse material facts actually known by Broker; 68 4.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice 69 as to material matters about which Broker knows but the specifics of which are 70 beyond the expertise of Broker; 71 4.1.5. Accounting in a timely manner for all money and property received; and 72 4.1.6. Keeping Seller fully informed regarding the transaction. 73 4.2. Broker shall not disclose the following information without the informed consent of Seller: 74 4.2.1. That Seller is willing to accept less than the asking price for the Property; 75 4.2.2. What the motivating factors are for Seller to sell the Property; 76 4.2.3. That Seller will agree to financing terms other than those offered; 77 4.2.4. Any material information about Seller unless disclosure is required by law or 78 failure to disclose such information would constitute fraud or dishonest dealing; or 79 4.2.5. Any facts or suspicions regarding circumstances that could psychologically 80 impact or stigmatize the Property. 81 4.3. Seller consents to Broker's disclosure of Seller's confidential information to the 82 supervising broker or designee for the purpose of proper supervision, provided such supervising broker 83 or designee shall not further disclose such information without consent of Seller, or use such information 84 to the detriment of Seller. 85 4.4. Brokerage Firm may have agreements with other sellers to market and sell their property. 86 Broker may show alternative properties not owned by Seller to other prospective buyers and list competing 87 properties for sale. 88 4.5. Broker shall not be obligated to seek additional offers to purchase the Property while the 89 Property is subject to a contract for Sale. 90 4.6. Broker has no duty to conduct an independent inspection of the Property for the benefit 91 of a buyer and has no duty to independently verify the accuracy or completeness of statements made by 92 Seller or independent inspectors. Broker has no duty to conduct an independent investigation of a 93 buyer's financial condition or to verify the accuracy or completeness of any statement made by a buyer. 94 4.7. Seller understands that Seller shall not be liable for Broker's acts or omissions that 95 have not been approved, directed, or ratified by Seller. 96 4.8. When asked, Broker®Shall ❑Shall Not disclose to prospective buyers and 97 cooperating brokers the existence of offers on the Property and whether the offers were obtained by Broker, 98 a broker within Brokerage Firm or by an another broker. 99 100 5. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page 1 is 101 checked, Broker is Seller's Agent, with the following additional duties: 102 5.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity. • 103 5.2. Seeking a price and terms that are set forth in the Listing Agreement. BDD56-5-09. BROKERAGE DUTIES DISCLOSURE TO SELLER Page 2 of 4 Seller(s)Initials: 4 CTMeContracts.com-©2013 CTM Software Corp. • 104 5.3. Counseling Seller as to any material benefits or risks of a transaction that are actually 105 known by Broker. 106 107 6.1. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION. 108 109 6.1. Broker's Obligations. Colorado law requires a broker to disclose to any prospective 110 buyer all adverse material facts actually known by such broker including but not limited to adverse 111 material facts pertaining to the title to the Property, the physical condition of the Property, any material 112 defects in the Property, and any environmental hazards affecting the Property required by law to be 113 disclosed. These types of disclosures may include such matters as structural defects, soil conditions, 114 violations of health,zoning or building laws, and nonconforming uses and zoning variances. Seller agrees 115 that any buyer may have the Property and Inclusions inspected and authorizes Broker to disclose any facts 116 actually known by Broker about the Property. Broker shall not be obligated to conduct an independent 117 investigation of the buyers financial condition except as otherwise provided in the Listing Agreement. 118 6.2. Sellers Obligations. 119 6.2.1. Seller's Property Disclosure Form.A seller is not required by law to provide 120 any particular disclosure form. However, disclosure of known material latent(not obvious)defects 121 is required by law. 122 6.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Property include 123 one or more residential dwellings for which a building permit was issued prior to January 1, 1978, a 124 completed Lead-Based Paint Disclosure(Sales)form must be signed by Seller,the real estate licensees 125 and given to any potential buyer in a timely manner. 126 6.2.3. Carbon Monoxide Alarms. Seller acknowledges that, unless exempt, if the Property 127 includes one or more rooms lawfully used for sleeping purposes (Bedroom), an operational carbon monoxide 128 alarm must be installed within fifteen feet of the entrance to each Bedroom or in a location as required by the 129 applicable building code, prior to offering the Property for sale or lease. 130 6.2.4. Source of Potable Water(Residential Land and Residential Improvements 131 Only). Seller acknowledges that if the Property is residential, Seller must timely make certain disclosures 132 on the source of water to a buyer. 133 134 7.ADDITIONAL DISCLOSURES: 135 n/a 136 DISCLOSURE OF SETTLEMENT SERVICE COSTS. Seller acknowledges that costs, quality and extent of service vary between different settlement service providers(e.g., attorneys, lenders, inspectors and title 137 companies). 138 THIS IS NOT A CONTRACT. 139 SELLER ACKNOWLEDGEMENT: 140 141 Seller acknowledges receipt of this document on 9/5/2013 142 �' r 7, 10 143 Seller: Date: 144 145 146 BROKER ACKNOWLEDGEMENT: 147 148 On 9/5/2013 , the Broker provided ECHDA (Seller)with 149 this document via email and retained a copy for Broker's records. 150 151 Brokerage Firm's Name: The Valley Home Store 152 153 lfLl i!-+9/ g lYlf l fiJ t7 Broker Lr Date: 9/9/2013 154 Kimberly Williams 155 BDD56-5-09. BROKERAGE DUTIES DISCLOSURE TO SELLER Page 3 of 4 Seller(s)Initials: CTMeContracts.com-©2013 CTM Software Corp. 156 /41 i Broker Date: 9/9/2013 157 Tori Franks (BDD56-5-09) BROKERAGE DUTIES DISCLOSURE TO SELLER CTM eContracts - A©2012 CTM Software Corp. BDD56-5-09. BROKERAGE DUTIES DISCLOSURE TO SELLER Page 4 of 4 4 Seller(s)Initials: •CTMeContracts.com-©2013 CTM Software Corp.