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HomeMy WebLinkAboutC13-331 Exclusive Right-to-Sell Listing Contract • 1 2 4 ',,,/ The Valley Home Store 6 Vatley Home Store 7 8 The printed portions of this form, except differentiated additions, have been approved by the Colorado 9 Real Estate Commission. (LC50-9-12) (Mandatory 1-13) 10 11 12 THIS IS A BINDING CONTRACT.THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE 14 PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 15 16 Compensation charged by real estate brokerage firms is not set by law.Such charges are established 17 19 by each real estate brokerage firm. 19 20 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, 21 22 SELLER AGENCY OR TRANSACTION-BROKERAGE. 23 24 25 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 26 27 28 ®SELLER AGENCY ❑TRANSACTION-BROKERAGE 29 30 31 Date: 10/22/2013 32 33 34 1. AGREEMENT.Seller and prokerage Firm enter into this exdusive,irrevocable contract(Seller Listing 36 Contract)as of the date set forth above.Broker,on behalf of Brokerage Firm,shall provide brokerage services to 37 Seller.Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract. 38 39 40 2. BROKER AND BROKERAGE FIRM. 41 El 2.1. Multiple-Person Firm.If this box is checked,the individual designated by Brokerage Firm to serve as 42 P Y 9 43 the broker of Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If 44 more than one individual is so designated,then references in this Seller Listing Contract to Broker shall include all 45 persons so designated,including substitute or additional brokers.The brokerage relationship exists only with 44 Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged 48 by Brokerage Firm who are not so designated. 49 50 51 ❑ 2.2. One-Person Firm.If this box is checked,Broker is a real estate brokerage firm with only one licensed 52 natural person. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed �� P 9 9 54 natural person and brokerage firm who shall serve as the broker of Seller and perform the services for Seller 55 required by this Seller Listing Contract. 66 57 58 3. DEFINED TERMS. 60 3.1. Seller: Eagle County Housing and Development Authority 61 62 63 3.2. Brokerage Firm: The Valley Home Store 64 65 66 3.3. Broker: Tori Franks 67 68 59 3.4. Property.The Property is the following legally described real estate in the County 71 of Eagle,Colorado: 72 LOT 85, THE BLUFFS AT EAGLE,ACCORDING TO THE PLAT RECORDED MAY 14, 2003 RECEPTION 73 NO. 833340, COUNTY OF EAGLE,STATE OF COLORADO 74 75 known as No.927 Second St.Eagle CO 81631 76 together with the interests, easements, rights, benefits,improvements and attached fixtures appurtenant thereto, 78 and all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 79 3.5.Sale. $0 3.5.1.A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation 92 of the obligation to convey any interest in the Property, including a contract or lease. It also includes an agreement 83 to transfer any ownership interest in an entity which owns the Property. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 1 of 8 Seller(s)Initials: 84 ❑ 3.5.2. If this box is checked,Seller authorizes Broker to negotiate leasing the Property. Lease of the 85 86 Property or Lease means any lease of an interest in the Property. 87 3.6. Listing Period.The Listing Period of this Seller Listing Contract shall begins on ssand continues through the earliest occurrence of one of the following events:(1)completion of the Sale of the 90 Property or(2) • 92 Broker shall continue to assist in the completion of any sale or lease for which compensation is payable to 93 Brokerage Firm under§ 7 of this Seller Listing Contract. 94 95 3.7. Applicability of Terms.A check or similar mark in a box means that such provision is applicable.The 96 abbreviation"N/A"or the word"Deleted"means not applicable.The abbreviation"MEC"(mutual execution of this 97 contract)means the date upon which both parties have signed this Seller Listing Contract. 98 99 3.8. Day; Computation of Period of Days,Deadline. 100 3.8.1. Day.As used in this Seller Listing Contract,the term"day"shall mean the entire day ending at 101 laz 11:59 p.m., United States Mountain Time(Standard or Daylight Savings as applicable). 173 3.8.2. Computation of Period of Days,Deadline. In computing a period of days,when the ending date 104 is not specified,the first day is excluded and the last day is included,e.g.,three days after MEC. If any deadline 105 falls on a Saturday, Sunday or federal or Colorado state holiday(Holiday),such deadline Shall ❑Shall Not 1 Cl5 Y, Y Y( Y). 107 be extended to the next day not a Saturday, Sunday or Holiday.Should neither box be checked,the deadline 10£1 shall not be extended. 109 110 111. 4. BROKERAGE RELATIONSHIP. 112 4.1. If the Seller Agency box at the top of page 1 is checked,Broker shall represent Seller as a Seller's 114 limited agent(Seller's Agent).If the Transaction-Brokerage box at the top of page 1 is checked,Broker shall act 114 9 ( 9 )• 9 P P 9 115 as a Transaction-Broker. 116 4.2. In-Company Transaction—Different Brokers.When Seller and buyer in a transaction are working 118 1 with different brokers,those brokers continue to conduct themselves consistent with the brokerage relationships 119 they have established.Seller acknowledges that Brokerage Firm is allowed to offer and pay compensation to 120 brokers within Brokerage Firm working with a buyer. 122 4.3. In-Company Transaction—One Broker. If Seller and buyer are both working with the same broker, 123 Broker shall function as: 124 4.3.1. Seller's Agent. If the Seller Agency box at the top of page 1 is checked,the parties agree the 126 following applies: 127 4.3.1.1. Seller Agency Only. Unless the box in§4.3.1.2(Seller Agency Unless Brokerage 128 Relationship with Both)Is checked,Broker shall represent Seller as Seller's Agent and shall treat the buyer as 130 a customer.A customer is a party to a transaction with whom Broker has no brokerage relationship.Broker shall 131 disclose to such customer Broker's relationship with Seller. 132 ❑ 4.3.1.2.Seller Agency Unless Brokerage Relationship with Both. If this box is checked, 134 Broker shall represent Seller as Seller's Agent and shall treat the buyer as a customer, unless Broker currently 135 has or enters into an agency or Transaction-Brokerage relationship with the buyer,in which case Broker shall act 136 as a Transaction-Broker. 138 4.3.2.Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked,or in the 139 event neither box is checked, Broker shall work with Seller as a Transaction-Broker.A Transaction-Broker shall 140 perform the duties described In §5 and facilitate sales transactions without being an advocate or agent for either 142 party. If Seller and buyer are working with the same broker, Broker shall continue to function as a Transaction- 1.43 Broker. 144 1a6 5. BROKERAGE DUTIES.Brokerage Firm,acting through Broker,as either a Transaction-Broker or a Seller's 147 Agent,shall perform the following Uniform Duties when working with Seller: 148 5.1. Broker shall exercise reasonable skill and care for Seller,including,but not limited to the following: 150 5.1.1. Performing the terms of any written or oral agreement with Seller; 151 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is 152 subject to a contract for Sale; 153 154 5.1.3. Disclosing to Seller adverse material facts actually known by Broker; 155 5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to 155 material matters about which Broker knows but the specifics of which are beyond the expertise of Broker, 157 158 5.1.5. Accounting in a timely manner for all money and property received;and 159 5.1.6. Keeping Seller fully informed regarding the transaction. 150 5.2. Broker shall not disclose the following information without the informed consent of Seller. 162 5.2.1. That Seller is willing to accept less than the asking price for the Property; 9 P 9 P PertY; 163 5.2.2. What the motivating factors are for Seller to sell the Property; 164 5.2.3. That Seller will agree to financing terms other than those offered; 166 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose 167 such information would constitute fraud or dishonest dealing;or LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 2 of 8 Seller(s)Initials: • 168 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize 170 the Property. P rtY• 171 5.3. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or 172 designee for the purpose of proper supervision, provided such supervising broker or designee shall not further 174 disclose such information without consent of Seller,or use such information to the detriment of Seller. 175 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may 176 show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale. 177 5.5. Broker shall not be obligated to seek additional offers to purchase the Property while the Property 178 9 P P rtY is 179 subject to a contract for Sale. 180 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and 182 has no duty to independently verify the accuracy or completeness of statements made by Seller or independent 182 tY P IY rity Y P Y P 1.83 inspectors.Broker has no duty to conduct an independent investigation of a buyer's financial condition or to verify 184 the accuracy or completeness of any statement made by a buyer. 185 186 5.7. Seller understands that Seller shall not be liable for Broker's acts or omissions that have not been 187 approved,directed,or ratified by Seller. 188 5.8. When asked, Broker❑Shall ®Shall Not disclose to prospective buyers and cooperating brokers 159 P P Y P 9 190 the existence of offers on the Property and whether the offers were obtained by Broker,a broker within Brokerage 1.91 Firm or by another broker. 192 193 194 6. ADDITIONAL DUTIES OF SELLER'S AGENT.If the Seller Agency box at the top of page 1 is checked, 195 Broker is Seller's Agent,with the following additional duties: 196 6.1. Promoting the interests of Seller with the utmost good faith,loyalty and fidelity; 197 198 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and 199 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by 200 Broker. 2011 202 203 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER.Seller agrees 205 that any Brokerage Firm compensation that is conditioned upon the Sale of the Property shall be earned by 206 Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Seller or by any other 207 person in connection with the Sale of the Property. 208 7.1. Amount. In consideration of the services to be performed by Broker,Seller agrees to pay Brokerage 209 210 Firm as follows: 211 7.1.1.Sale Commission. (1) n/a %of the gross purchase price or(2) n/a , in U.S.dollars. 212 7.1.2. Lease Commission. If the box in§3.5.2 is checked,Brokerage Firm shall be paid a fee equal to 213 214 (1) n/a %of the gross rent under the lease,or(2)n/a , in U.S. dollars, payable as follows: 216 n/a 216 217 7.2 Other Compensation. 2118 The Valley Home Store shall earn a 2%commission for working as a Seller's Agent. There 220 may also be an additional commission of 3%offered to Buyer's Agent if the unit is listed in 221 the MLS to any broker that may represent a buyer outside of The Valley Home Store for 222 completing the sale. 224 7.3. When Earned.Such commission shall be earned upon the occurrence of any of the following: 225 7.3.1.Any Sale of the Property within the Listing Period by Seller,by Broker or by any other person; 226 7.3.2. Broker finding a buyer who is ready,willing and able to complete the Sale or Lease as specified 228 in this Seller Listing Contract;or 229 7.3.3.Any Sale (or Lease if§3.5.2 is checked)of the Property within n/a calendar days 23° following the expiration of the Listing Period(Holdover Period)to(1)to anyone with whom Broker negotiated and 231. 232 (2)whose name was submitted, in writing,to Seller by Broker durinjthe Listing Period including any extensions 233 thereof,(Submitted Prospect).Provided,however, Seller❑Shall U Shall Not owe the commission to 235 Brokerage Firm under this§7.3.3 if a commission is earned by another licensed real estate brokerage firm acting 236 pursuant to an exclusive agreement entered into during the Holdover Period and a Sale or Lease to a Submitted 237 Prospect is consummated. If no box is checked above in this§7.3.3,then Seller shall not owe the commission to 236 Brokerage Firm. 239 240 7.4. When Applicable and Payable.The commission obligation shall apply to a Sale made during the 241 Listing Period or any extension of such original or extended term.The commission described in§7.1.1 shall be 242 payable at the time of the closing of the Sale,or,if there is no closing(due to the refusal or neglect of Seller)then 244 on the contracted date of closing,as contemplated by§7.3.1 or§7.3.3,or upon fulfillment of§7.3.2 where the 245 offer made by such buyer is not accepted by Seller. 246 7.5.Cooperative Broker Compensation.Broker shall seek assistance from, and Brokerage Firm offers 248 compensation to,outside brokerage firms,whose brokers are acting as: 249 ® Buyer Agents: 3 To of the gross sales price or n/a ,in U.S. dollars. 251 ❑Transaction-Brokers: n/a %of the gross sales price or n/a ,in U.S.dollars. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 3 of 8 .. Seller(s)Initials: 52 253 8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in 255 §7,shall accept compensation from any other person or entity in connection with the Property without the written 256 consent of Seller.Additionally, neither Broker nor Brokerage Firm shall be permitted to assess or receive mark- 257 ups or other compensation for services performed by any third party or affiliated business entity unless Seller 258 259 signs a separate written consent for such services. 260 281 9. OTHER BROKERS'ASSISTANCE,MULTIPLE LISTING SERVICES AND MARKETING.Seller has been 263 advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and 264 the use of multiple listing services(MLS)and various methods of making the Property accessible by other 265 brokerage firms(e.g., using lock boxes, by-appointment-only showings,etc.), and whether some methods may 267 limit the ability of another broker to show the Property.After having been so advised,Seller has chosen the 268 following(check all that apply): 2659 9.1. MLS/Information Exchange. 271 9.1.1. The Property®Shall ❑Shall Not be submitted to one or more MLS and®Shall ❑Shall 272 Not be submitted to one or more property information exchanges. If submitted,Seller authorizes Broker to provide 23 timely notice of any status change to such MLS and information exchanges.Upon transfer of deed from Seiler to 27a 275 buyer,Seller authorizes Broker to provide sales information to such MLS and information exchanges. 276 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: 277 n/a 278 279 9.1.3. Seller further authorizes use of the data by MLS and property information exchanges,if any. 280 9.1.4. The Property Address®Shall ❑Shall Not be displayed on the Internet. 282 9.1.5. The Property Listing®Shall ❑Shall Not be displayed on the Internet. 283 9.2. Property Access.Access to the Property may be by: 284 ❑Mechanical Lock Box ®Electronic Lock Box 285 ❑ n/a 285 287 Other instructions: 288 9.3. Brokerage Marketing.The following specific marketing tasks shall be performed by Broker: 259 9 9• 9 P 9 P Y 290 Contact the buyers on the Master Buyer list. 291 Marketing on www.valleyhomestore.org 292 293 294 10. SELLER'S OBLIGATIONS TO BROKER;DISCLOSURES AND CONSENT. 295 10.1. Negotiations and Communication.Seller agrees to conduct all negotiations for the Sale of the 296 Property only through Broker,and to refer to Broker all communications received in any form from real estate 297 258 brokers, prospective buyers,tenants or any other source during the Listing Period of this Seller Listing Contract. 299 10.2. Advertising.Seller agrees that any advertising of the Property by Seller(e.g., Internet,print and ° signage)shall first be approved by Broker. 301 302 10.3. No Existing Listing Agreement.Seller represents that Seller❑Is ®Is Not currently a party to 303 any listing agreement with any other broker to sell the Property. 304 10.4. Ownership of Materials and Consent.Seller represents that all materials(including all 306 photographs,renderings, images or other creative items)supplied to Broker by or on behalf of Seller are owned by 307 Seller,except as Seller has disclosed in writing to Broker.Seller is authorized to and grants to Broker, Brokerage 308 Firm and any MLS(that Broker submits the Property to)a nonexclusive irrevocable,royalty free license to use 310 such material for marketing of the Property,reporting as required and the publishing, display and reproduction of 311 such material,compilation and data.This license shall survive the termination of this Seller Listing Contract. i10.5. Colorado Foreclosure Protection Act.The Colorado Foreclosure Protection Act(Act)generally 314 applies if(1)the Property is residential (2)Seller resides in the Property as Seller's principal residence(3)Buyer's 315 purpose in purchase of the Property is not to use the Property as Buyer's personal residence and(4)the Property 316 is in foreclosure or Buyer has notice that any loan secured by the Property is at least thirty days delinquent or in 319 default. If all requirements 1,2, 3 and 4 are met and the Act otherwise applies,then a contract,between Buyer 319 and Seller for the sale of the Property,that complies with the provisions of the Act is required. If the transaction is 320 1 a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and Buyer,the Act 322 does not apply. It Is recommended that Seller consult with an attorney. 323 324 11. PRICE AND TERMS.The following Price and Terms are acceptable to Seller: 325 9 ceP 326 11.1 Price.U.S.$ n/a 327 11.2. Terms. ® Cash ® Conventional ❑ FHA ❑ VA 328 329 ❑Other:n/a 330 11.3. Loan Discount Points. 0 331 332 333 11.4. Buyer's Closing Costs(FHANA).Seller shall pay closing costs and fees,not to exceed 3s $ 0 ,that Buyer Is not allowed by law to pay,for tax service and none. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 4 of 8 Seller(s)Initials: • 336 11.5. Earnest Money. Minimum amount of earnest money deposit U.S.$ 1% in the form of 338 good funds held by Heritage Title Co. 339 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: 340 341 ❑Cashier's Check at Seller's expense; ®Funds Electronically Transferred(Wire Transfer)to 342 an account specified by Seller, at Seller's expense;or ❑Closing Company's Trust Account Check 344 11.7.Advisory:Tax Withholding.The Internal Revenue Service and the Colorado Department of Revenue 345 may require closing company to withhold a substantial portion of the proceeds of this Sale when Seller either(1)is 346 a foreign person or(2)will not be a Colorado resident after closing.Seller should inquire of Seller's tax advisor to 3 47 determine if withholding applies or if an exemption exists. 349 35° 12. DEPOSITS.Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to 362 a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, 353 if any, at or before the closing of the Sale contract. 354 356 13. INCLUSIONS AND EXCLUSIONS. 357 13.1.Inclusions.The Purchase Price includes the following items(Inclusions): 353 13.1.1. Fixtures.The following items are included if attached to the Property on the date of this Seller 350 Listing Contract, unless excluded under Exclusions 13.2): lighting, heating,9 (§ ): 'g g, g, plumbing,ventilating, and air 361 conditioning fixtures,TV antennas, inside telephone,network and coaxial (cable)wiring and connecting 2262 blocks/Jacks,plants, mirrors,floor coverings,intercom systems, built-in kitchen appliances,sprinkler systems and 353 364 controls, built-in vacuum systems(including accessories),garage door openers rs includin g n/a remote controls. 365 Other Fixtures: 366 dishwasher,microwave/hood combo, range,refrigerator 368 If any fixtures are attached to the Property after the date of this Seller Listing Contract,such additional fixtures are 369 also included in the Purchase Price 370 371 372 13.1.2. Personal Property.The following items are included if on the Property whether attached or 373 not on the date of this Seller Listing Contract, unless excluded under Exclusions(§ 13.2):storm windows,storm 374 doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods, drapery rods,fireplace 375 376 inserts,fireplace screens,fireplace grates,heating stoves,storage sheds, and all keys. If checked,the following 377 are included: ❑Water Softeners ❑Smoke/Fire Detectors ❑Carbon Monoxide Alarms ❑Security 379 Systems ❑Satellite Systems(including satellite dishes);and 380 tile 331 The Personal Property to be conveyed at closing shall be conveyed by Seller free and clear of all taxes 332 353 (except ersonal property Y taxes for the year of closin 9).liens and encumbrances,except n/a. Conveyance shall 384 be by bill of sale or other applicable legal instrument. 385 13.1.3. Trade Fixtures..The following trade fixtures are included:n/a. 3&6 387 The Trade Fixtures to be conveyed at closing shall be conveyed by Seller,free and clear of all taxes 338 (except personal property taxes for the year of closing),liens and encumbrances,except n/a.Conveyance shall 390 be by bill of sale or other applicable legal instrument. 391 13.1.4. Parking and Storage Facilities. ❑Use Only ®Ownership of the following parking facilities: 392 2 car garage 393 394 and❑Use Only ❑Ownership of the following storage facilities: 396 n/a 397 13.1.5. Water Rights.The following legally described water rights:n/a. 3 96 Any water rights shall be conveyed by n/a deed or other applicable legal 400 instrument.The Well Permit#is n/a 401 13.1.6. Growing Crops.The following growing crops:n/a. 402 13.2. Exclusions. The following are excluded(Exclusions): 9 ( ): 401 none 405 407 14. TITLE AND ENCUMBRANCES.Seller represents to Broker that title to the Property 4°� p is solely in Seller's 408 name.Seller shall deliver to Broker true copies of all relevant title materials,leases,improvement location 4°9 certificates and surveys in Seller's possession and shall disclose to Broker all easements, liens and other 411 encumbrances,if any,on the Property,of which Seller has knowledge.Seller authorizes the holder of any 412 obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said 413 encumbrance and the terms thereof. In case of Sale,Seller agrees to convey, by a 415 415 Special Warran ty deed,only that title Seller has in the Property. Property shall be conveyed 416 free and clear of all taxes,except the general taxes for the year of closing. 417 All monetary encumbrances(such as mortgages,deeds of trust,liens,financing statements)shall be paid 415 by Seller and released except as Seller and buyer may otherwise agree.Existing monetary encumbrances are as 4 2.9 Y P Y Y 9 9 rY LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 5 of 8 Seller(s)Initials: 420 follows:none. 421 The Property is subject to the following leases and tenancies:none. 423 If the Property has been or will be subject to any governmental liens for special improvements installed at 424 the time of signing a Sale contract,Seller shall be responsible for payment of same, unless otherwise agreed. 425 Brokerage Firm may terminate this Seller Listing Contract upon written notice to Seller that title is not satisfactory 42 6 to Brokerage Firm. 428 429 15. EVIDENCE OF TITLE.Seller agrees to furnish buyer, at Seller's expense, unless the parties agree in writing 430 to a different arrangement, a current commitment and an owner's title insurance policy g p cY in an amount equal to the 432 Purchase Price as specified in the Sale contract,or if this box is checked,❑An Abstract of Title certified to a 433 current date. 4:34 435 436 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners'association 438 assessment is currently payable at 75 per month and that there are no unpaid 439 regular or special assessments against the Property except the current regular assessments and except 440 none known .Seller 442 agrees to promptly request the owners'association to deliver to buyer before date of closing a current statement of 443 assessments against the Property. 444 446, 17. POSSESSION. Possession of the Property shall be delivered to buyer as follows: Upon a successful 447 closing subject to no leases or tenants,subject to leases and tenancies as described in§ 14. 448 450 18. MATERIAL DEFECTS,DISCLOSURES AND INSPECTION. 451 18.1.Broker's Obligations.Colorado law requires a broker to disclose to any prospective buyer all adverse 452' material facts actually known by such broker including but not limited to adverse material facts pertaining to the 454 title to the Property and the physical condition of the Property,any material defects in the Property,and any 455 environmental hazards affecting the Property which are required by law to be disclosed.These types of 456 disclosures may include such matters as structural defects,soil conditions,violations of health,zoning or building 458 laws,and nonconforming uses and zoning variances.Seller agrees that any buyer may have the Property and 459 Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property. 460 18.2.Seller's Obligations. 462 18.2.1.Seller's Property Disclosure Form.A seller is not required by law to provide any particular 463 disclosure form, including the Seller's Property Disclosure form regarding the Pro arty.However,disclosure of 464 known material latent(not obvious)defects is required by law. Seller❑Agrees Does Not Agree to provide a 465 oes 9 ree P 466 Seller's Property Disclosure form completed to Seller's current, actual knowledge. 467 18.2.2. Lead-Based Paint.Unless exempt,if the improvements on the Property include one or more 468 residential dwellings for which a building permit was issued prior to January 1, 1978,a completed Lead-Based 469 470 Paint Disclosure(Sales)form must be signed by Seller and the real estate licensees, and given to any potential 471 buyer in a timely manner. 472 18.2.3. Carbon Monoxide Alarms.Note: If the improvements on the Property have a fuel-fired 473 P 474 heater or appliance,a fireplace,or an attached garage and one or more rooms lawfully used for sleeping purposes 475 (Bedroom),Seller understands that Colorado law requires that Seller assure the Property has an operational 475 carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by 477 478 the applicable building code,prior to offering the Property for sale or lease. 479 18.2.4. Condition of Property.The Property shall be conveyed in its present condition,ordinary 480 wear and tear excepted, unless Seller,at Seller's sole option,agrees in writing to any repairs or other work to be 482 performed by Seller. 483 484 18.3. Right of Broker to Terminate.Although Broker has no obligation to investigate or inspect the 486 Property,and no duty to verify statements made,Broker has the right to terminate this Seller Listing Contract if 487 the physical condition of the Property, Inclusions, any proposed or existing transportation project,road,street or 488 highway,or any other activity,odor or noise(whether on or off the Property)and its effect or expected effect on the 490 Property or its occupants,or if any facts or suspicions regarding circumstances that could psychologically impact 491 or stigmatize the Property are unsatisfactory to Broker. 492 433 494 19. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer,the sums received 495 shall be divided between Brokerage Firm and Seller,one-half thereof to Brokerage Firm but not to exceed the 496 Brokerage Firm compensation agreed upon herein,and the balance to Seller.Any forfeiture of payment under this 497 498 section shall not reduce any Brokerage Firm compensation owed,earned and payable under§7. 499 sa0i 20. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm 502- shall bear all expenses incurred by Brokerage Firm,if any,to market the Property and to compensate cooperating 503 brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or order any other products or services LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 6 of 8 Seller(s)Initials: 504 unless Seller agrees In writing to pay for them promptly when due(examples:surveys, radon tests,soil tests,title 505 9 9 P Y P P Y ( P Y 506 reports,engineering studies). Unless otherwise agreed, neither Broker nor Brokerage Firm shall be obligated to 587 advance funds for the benefit of Seller in order to complete a transaction. Seller shall reimburse Brokerage Firm for s8payments made by Brokerage Firm for such products or services authorized by Seller. 510 511 21. DISCLOSURE OF SETTLEMENT COSTS.Seller acknowledges that costs,quality,and extent of service 512 vary between different settlement service providers(e.g.,attorneys,lenders,inspectors and title companies). 513 514 515 22. MAINTENANCE OF THE PROPERTY.Neither Broker nor Brokerage Firm shall be responsible for 51.6 maintenance of the Property nor shall they be liable for damage of any kind occurring to the Property, 517 P rtY Y 9 Y 9 p rty,unless such 518 damage shall be caused by their negligence or intentional misconduct. 519 52 23. NONDISCRIMINATION.The parties agree not to discriminate unlawfully against an y prospective ve bu y e r 521 522 because of the race,creed,color,sex,sexual orientation, marital status,familial status,physical or mental 523 disability, handicap,religion,national origin or ancestry of such person. 524 525 526 24. RECOMMENDATION OF LEGAL AND TAX COUNSEL.By signing this document,Seller acknowledges S2 7 that Broker has advised that this document has important legal consequences and has recommended consultation 528 with legal and tax or other counsel before signing this Seller Listing Contract. 529 530 531 25. MEDIATION.If a dispute arises relating to this Seller Listing Contract, prior to or after closing,and is not 533 resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in 534 which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. 535 Mediators cannot impose binding decisions.The parties to the dispute must agree,in writing,before any 536 settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the cost of 537 9• P 1 Y PP P q y 538 such mediation.The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not 539 resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the 540 other at the party's last known address. 541 542 543 26. ATTORNEY FEES.In the event of any arbitration or litigation relating to this Seller Listing Contract,the 5444 arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney and 546 legal fees. 547 548 27. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado 550 Real Estate Commission.) 551 n/a 552 553 554 28. ATTACHMENTS.The following are a part of this Seller Listing Contract: 555 n/a 556 557 558 29. NO OTHER PARTY OR INTENDED BENEFICIARIES.Nothing in this Seller Listing Contract shall be 559 deemed to inure to the benefit of any person other than Seller,Broker and Brokerage Firm. 561 562 30. NOTICE, DELIVERY AND CHOICE OF LAW. 563 30.1. Physical Delivery.All notices must be in writing,except as provided In§30.2.Any document, 565 including a signed document or notice,delivered to the other party to this Seller Listing Contract, is effective upon 566 physical receipt.Delivery to Seller shall be effective when physically received by Seller,any signator on behalf of 567 Seller,any named individual of Seller or representative of Seller. 569 30.2. Electronic Delivery.As an alternative to physical delivery,any document, Including any signed 569 rY• P Y ry, Y 9 Y 9 570 document or written notice may be delivered in electronic form only by the following indicated methods: 577 ❑Facsimile ®E-mail ❑Internet ❑No Electronic Delivery. If the box"No Electronic Delivery"is 573 checked,this§30.2 is not applicable and§30.1 shall govern notice and delivery. Documents with original 574 signatures shall be provided upon request of any party. 7s30.3. Choice of Law.This Seller Listing Contract and all disputes arising hereunder shall be governed by 577 and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents 578 who sign a contract in this state for property located in Colorado. 579 580 sal 31. MODIFICATION OF THIS SELLER LISTING CONTRACT.No subsequent modification of any of the terms 582 of this Seller Listing Contract shall be valid,binding upon the parties,or enforceable unless made in writing and 583 signed by the parties. 584 585 586 32. COUNTERPARTS.If more than one person is named as a Seller herein,this Seller Listing Contract may be LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 7 of 8 Seller(s)Initials: 587 executed by each Seller,separately,and when so executed,such copies taken together with one executed by 589 Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract between the parties. 590 591 33. ENTIRE AGREEMENT.This agreement constitutes the entire contract between the parties,and any prior 592. 593 agreements,whether oral or written,have been merged and integrated into this Seller Listing Contract. 594 595 34. COPY OF CONTRACT.Seller acknowledges receipt of a copy of this Seller Listing Contract signed by 536 597 Broker,including all attachments. 598 699 Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. 660 601 6072 06:3 / (/ 2I 664 Seller: f Date: 1 `�f 606 Eagle County Ho sing and Development Authority 607 Address: 008 Phone: Fax: fi10 610 Electronic Address: 611 612 613 Broker: Date: 614 615 616 Brokerage Firm's Name: The Valley Home Store 617 Address: 25 Mill Loft Suite 200 Edwards, CO 81632 Ph: Fax: =lectronic Address: Broker: Date: Tori Franks Brokerage Firms Name: The Valley Home Store Address: 25 Mill Loft Suite 200 Ph: 970-328-8775 Fax: Email: tfranks @vaileyhomestore.org LC50-9-12 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT CTM eContracts- 62012 CTM Software Corp. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 8 of 8 Seller(s)Initials: