HomeMy WebLinkAboutECHDA14-013 Right to Sell Listing Contract 9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
1.
2
3
4 e The Valley Home Store
Valley Home Store L Kimberly B. Williams
Ph: 970-328-8776 Fax: 866-611-7237
8
9 The printed portions of this form, except differentiated additions, have been approved by the Colorado
I 0 Real Estate Commission. (LC50-8-13) (Mandatory 1-14)
1.1.
12
13 THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE
14
1.'x PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
16
17 Compensation charged by brokerage firms is not set by law. Such charges are established by each real
8 estate brokerage firm.
21 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY,
22 SELLER AGENCY OR TRANSACTION-BROKERAGE.
2
24
25 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT
26
28 ❑ SELLER AGENCY IZI TRANSACTION-BROKERAGE
2
30 Date: 9/29/2014
31.
32
33 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing
34 Contract) and agree to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to
36 Seller. Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract.
38 2. BROKER AND BROKERAGE FIRM.
40 0 2.1. Multiple-Person Firm. If this box is checked, the individual designated by Brokerage Firm to serve as
41 the broker of Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If
42 more than one individual is so designated, then references in this Seller Listing Contract to Broker include all
44 persons so designated, including substitute or additional brokers. The brokerage relationship exists only with
45 Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged
46 by Brokerage Firm who are not so designated.
❑ 2.2. One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed
49 natural person. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed
SCE natural person and brokerage firm who serve as the broker of Seller and perform the services for Seller required
5:1. by this Seller Listing Contract.
52
54 3. DEFINED TERMS.
3.1. Seller: Eagle County Housing and Development
56
57
3.2. Brokerage Firm: The Valley Home Store
61 3.3. Broker: Kimberly B. Williams, Tori Franks
62
63
64 3.4. Property. The Property is the following legally described real estate in the County of Eagle
65
66 ,Colorado:
67 Lot M134 Mill Lofts in Miller Ranch ,
6£ known as No. 69 Marble G134 Edwards CO 81632,
69
70 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto,
71 and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
72 3.5. Sale; Lease.
13 3.5.1.A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation
74
75 of the obligation to convey any interest in the Property, including a contract or lease. It also includes an agreement
76 to transfer any ownership interest in an entity which owns the Property.
77 ❑ 3.5.2. If this box is checked, Seller authorizes Broker to negotiate leasing the Property. Lease of the 0
R4,1 f https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listi ng_Contracts/PRI NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 1/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-008..
78 Property or Lease means any agreement between the Seller and a tenant to create a tenancy or leasehold interest
7 in the Property.
1 3.6. isting Period. The Listing Period of this Seller Listing Contract begins on 9/30/2014 , and
82 continues through the earlier of(1) completion of the Sale of the Property or(2) , and any written extensions
(Listing Period). Broker must continue to assist in the completion of any Sale or Lease for which compensation is
5 payable to Br kerage Firm under§ 7 of this Seller Listing Contract.
86 3.7. App icability of Terms.A check or similar mark in a box means that such provision is applicable. The
87 abbreviation " /A" or the word "Deleted" means not applicable. The abbreviation "MEC" (mutual execution of this
89 contract) mea s the date upon which both parties have signed this Seller Listing Contract.
90 3.8. Day Computation of Period of Days, Deadline.
91 3.8.1, Day.As used in this Seller Listing Contract, the term "day" means the entire day ending at 11:59
97 p.m., United States Mountain Time (Standard or Daylight Savings as applicable).
94 3.8.2 Computation of Period of Days, Deadline. In computing a period of days, when the ending date
95 is not specifie , the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline
96 falls on a Sat rday, Sunday or federal or Colorado state holiday (Holiday), such deadline®Will ❑ Will Not be
91 extended to t a next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline
98 will not be ext nded.
100
1.0:1. 4. BROKERAGE RELATIONSHIP.
102 4.1. If th Seller Agency box at the top of page 1 is checked, Broker represents Seller as Seller's limited
1.03
104 agent (Seller' Agent). If the Transaction-Brokerage box at the top of page 1 is checked, Broker acts as a
1.05 Transaction- oker.
106 4.2. In- ompany Transaction—Different Brokers.When Seller and buyer in a transaction are working
107 with different$rokers, those brokers continue to conduct themselves consistent with the brokerage relationships
109 they have est4iblished. Seller acknowledges that Brokerage Firm is allowed to offer and pay compensation to
110 brokers within Brokerage Firm working with a buyer.
111 4.3. In-Company Transaction—One Broker. If Seller and buyer are both working with the same broker,
112 Broker must function as:
113
114 4.3.1. Seller's Agent. If the Seller Agency box at the top of page 1 is checked, the parties agree the
1.1.5 following applies:
116 4.3.1.1. Seller Agency Only. Unless the box in §4.3.1.2 (Seller Agency Unless Brokerage
118 Relationship with Both) is checked, Broker represents Seller as Seller's Agent and must treat the buyer as a
scustomer. A c stomer is a party to a transaction with whom Broker has no brokerage relationship. Broker must
120 disclose to su h customer Broker's relationship with Seller.
121 ❑ 4.3.1.2. Seller Agency Unless Brokerage Relationship with Both. If this box is checked, Broker
122 represents S ler as Seller's Agent and must treat the buyer as a customer, unless Broker currently has or enters
123
124 into an agenc or Transaction-Brokerage relationship with the buyer, in which case Broker must act as a
125 Transaction- oker.
126 4.3. . Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the
12/ event neither 1)ox is checked, Broker must work with Seller as a Transaction-Broker. A Transaction-Broker must
128
129 perform the duties described in § 5 and facilitate sales transactions without being an advocate or agent for either
130 party. If Seiler]and buyer are working with the same broker, Broker must continue to function as a Transaction-
131. Broker.
132
133
134 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller's
135 Agent, must perform the following Uniform Duties when working with Seller:
136 5.1. Brolker must exercise reasonable skill and care for Seller, including, but not limited to the following:
1.37 5.1.1. Performing the terms of any written or oral agreement with Seller;
136
139 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is
140 subject to a c ntract for Sale;
141 5.1. . Disclosing to Seller adverse material facts actually known by Broker;
142. 5.1. . Advising Seller regarding the transaction and advising Seller to obtain expert advice as to
143
144. material matt rs about which Broker knows but the specifics of which are beyond the expertise of Broker;
145 5.1.5. Accounting in a timely manner for all money and property received; and
146 5.1.6. Keeping Seller fully informed regarding the transaction.
1.47 5.2. Broker must not disclose the following information without the informed consent of Seller:
149 5.2.1. That Seller is willing to accept less than the asking price for the Property;
149 9 p 9 p � P Y;
150 5.2.2. What the motivating factors are for Seller to sell the Property;
151 5.2.3. That Seller will agree to financing terms other than those offered;
152 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose
153 such information would constitute fraud or dishonest dealing; or
154 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize
https://www.ctmecontracts.eom/eContracts/m_econ/Contracts/Listing_Contracts/PR I NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 2/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
155 the Property.
156 5.3. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or
157
158 designee for the purpose of proper supervision, provided such supervising broker or designee does not further
1.59 disclose such information without consent of Seller, or use such information to the detriment of Seller.
160 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may
161 show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale.
16°
163 5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is subject to
164 a contract for Sale.
165 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and
166 has no duty to independently verify the accuracy or completeness of statements made by Seller or independent
168 inspectors. Broker has no duty to conduct an independent investigation of a buyer's financial condition or to verify
169 the accuracy or completeness of any statement made by a buyer.
170 5.7. Seller understands that Seller is not liable for Broker's acts or omissions that have not been approved,
71 directed, or ratified by Seller.
173 5.8. When asked, Broker®Will ❑Will Not disclose to prospective buyers and cooperating brokers the
174 existence of offers on the Property and whether the offers were obtained by Broker, a broker within Brokerage
175 Firm or by another broker.
176
177 6. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page 1 is checked,
�,� 9 Y p p 9
173 Broker is Seller's Agent, with the following additional duties:
180 6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity;
181 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and
183 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker.
�;;; 9 Y Y Y
181
185 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller
116 agrees that any Brokerage Firm compensation that is conditioned upon the Sale of the Property will be earned by
188 Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Seller or any other
188 9 Y Y Y by Y
189 person in connection with the Sale of the Property.
190 7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay Brokerage
191 Firm as follows:
1.72 7.1.1.Sale Commission. 1 2% of the gross purchase price or(2) n/a, in U.S. dollars.
194 7.1.2. Lease Commission. If The box in § 3.5.2 is checked, Brokerage Firm will be paid a fee equal to (1)
195 n/a% of the gross rent under the lease, or(2) n/a, in U.S. dollars, payable as follows: n/a.
19E
197 7.1.3. Other Compensation.
198
199 None .
2 a 7.2. Cooperative Broker Compensation. Brokerage Firm offers compensation to outside brokerage firms,
201
202 whose brokers are acting as:
203 ❑ Buyer Agents: n/a % of the gross sales price or n/a, in U.S. dollars.
204 ❑Transaction-Brokers: n/a % of the gross sales price or n/a, in U.S. dollars.
206 7.3. When Earned. Such commission is earned upon the occurrence of any of the following:
207 7.3.1. Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person;
208 7.3.2. Broker finding a buyer who is ready, willing and able to complete the Sale or Lease as specified in
2:9 this Seller Listing Contract; or
210
7.3.3. Any Sale (or Lease if 3.5.2 is checked) of the Property within n/a calendar days after the Listing
Y ( § ) p Y Y 9
212 Period expires (Holdover Period) (1)to anyone with whom Broker negotiated and (2)whose name was submitted,
213 in writing, to Seller by Broker during the Listing Period (Submitted Prospect). Provided, however, Seller ❑Will ❑
214 Will Not owe the commission to Brokerage Firm under this § 7.3.3 if a commission is earned by another licensed
216 real estate brokerage firm acting pursuant to an exclusive agreement entered into during the Holdover Period and
217 a Sale or Lease to a Submitted Prospect is consummated. If no box is checked in this§ 7.3.3, then Seller does not
218 owe the commission to Brokerage Firm.
219 7.4. When Applicable and Payable.The commission obligation applies to a Sale made during the Listing
221 Period or any extension of such original or extended term. The commission described in § 7.1.1 is payable at the
222 time of the closing of the Sale, or, if there is no closing (due to the refusal or neglect of Seller)then on the
223 contracted date of closing, as contemplated by§ 7.3.1 or§ 7.3.3, or upon fulfillment of§ 7.3.2 where the offer
224 made by such buyer is not accepted by Seller.
225
226
227 8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth
228 in § 7, will accept compensation from any other person or entity in connection with the Property without the written
229 consent of Seller. Additionally, neither Broker nor Brokerage Firm is permitted to assess or receive mark-ups or
230
231 other compensation for services performed by any third party or affiliated business entity unless Seller signs a
232 separate written consent for such services.
https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/P RI NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 3/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
233
234 9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Seller has been
236 advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and
237 the use of mu'tiple listing services (MLS)and various methods of making the Property accessible by other
238 brokerage firnis (e.g., using lock boxes, by-appointment-only showings, etc.), and whether some methods may
239 limit the ability of another broker to show the Property. After having been so advised, Seller has chosen the
240
241 following:
242 9.1. ML Information Exchange.
243 9.1.1 The Property ❑Will ®Will Not be submitted to one or more MLS and®Will ['Will Not be
244 submitted to ne or more property information exchanges. If submitted, Seller authorizes Broker to provide timely
246 notice of any tatus change to such MLS and information exchanges. Upon transfer of deed from Seller to buyer,
242 Seller authorizes Broker to provide sales information to such MLS and information exchanges.
248 9.1.2, Seller authorizes the use of electronic and all other marketing methods except: .
249 9.1.3 Seller further authorizes use of the data by MLS and property information exchanges, if any.
250 9.1.4 The Property Address®Will El Will Not be displayed on the Internet.
282 9.1.5 The Property Listing®Will ['Will Not be displayed on the Internet.
263 9.2. Pro erty Access.Access to the Property may be by:
234 El M nual Lock Box El Electronic Lock Box
25.1
2:s6 0 P4ivate showings with 24 hours notice to owner and tenants.
257 Other Instructions: n/a .
258 9.3. Bro erage Marketing. The following specific marketing tasks will be performed by Broker:
269
2e0 ontact the he6u uyers on the Master Buyer List. Marketing on www.valleyhomestore.org.-
261
262 10. SELLER'S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT.
263 10.1. gotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the
264
265 Property only hrough Broker, and to refer to Broker all communications received in any form from real estate
266 brokers, pros ective buyers, tenants or any other source during the Listing Period of this Seller Listing Contract.
267 10.2. dvertising. Seller agrees that any advertising of the Property by Seller(e.g., Internet, print and
signage) mus first be approved by Broker.
270 10.3. No Existing Listing Agreement. Seller represents that Seller❑ Is 0 Is Not currently a party to
2'71 any listing agreement with any other broker to sell the Property.
272 10.4. Ownership of Materials and Consent. Seller represents that all materials (including all
2d`' photographs, renderings, images or other creative items)supplied to Broker by or on behalf of Seller are owned by
274
• 75 Seller, except las Seller has disclosed in writing to Broker. Seller is authorized to and grants to Broker, Brokerage
276 Firm and any MLS (that Broker submits the Property to) a nonexclusive irrevocable, royalty-free license to use
2I7 such material or marketing of the Property, reporting as required and the publishing, display and reproduction of
278 such material, compilation and data. This license survives the termination of this Seller Listing Contract.
280 10.5. olorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act(Act) generally
28 applies if(1) t e Property is residential (2) Seller resides in the Property as Seller's principal residence (3) Buyer's
282 purpose in purchase of the Property is not to use the Property as Buyer's personal residence and (4)the Property
2 is in foreclosure or Buyer has notice that any loan secured by the Property is at least thirty days delinquent or in
284
286 default. If all requirements 1, 2, 3 and 4 are met and the Act otherwise applies, then a contract, between Buyer and
286 Seller for the sale of the Property, that complies with the provisions of the Act is required. If the transaction is a
287 Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and Buyer, the Act does
#' not apply. It isl recommended that Seller consult with an attorney.
28.E
290
291 11. PRICE ND TERMS.The following Price and Terms are acceptable to Seller:
292 11.1 Pr ce. U.S. $ 189,000.00
29..5'F
294 11.2. Te ms. 0 Cash 0 Conventional [' FHA ❑ VA ❑ Other: n/a
295 11.3. L an Discount Points. zero
296
297 11.4. B yer's Closing Costs (FHANA). Seller must pay closing costs and fees, not to exceed $ 0, that
298 Buyer is not a lowed by law to pay, for tax service and NA.
299 11.5. E rnest Money. Minimum amount of earnest money deposit U.S. $ 1% in the form of good funds
301, 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated:
302 El Cashier,S Check at Sellers expense; ®Funds Electronically Transferred (Wire Transfer) to
303 an account specified by Seller, at Sellers expense; or El Closing Company,s Trust Account Check
304
305 11.7. Advisory: Tax Withholding. The Internal Revenue Service and the Colorado Department of
306
Revenue may require closing company to withhold a substantial portion of the proceeds of this Sale when Seller
307 either(1) is a foreign person or(2)will not be a Colorado resident after closing. Seller should inquire of Seller's tax
309 advisor to determine if withholding applies or if an exemption exists.
https://www.ctmecontracts. om/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 4/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
3:1.0
311 12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to
313 a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent,
��� P P 9 Y p g 9
31.4 if any, at or before the closing of the Sale contract.
315
316 13. INCLUSIONS AND EXCLUSIONS.
318 13.1. Inclusions. The Purchase Price includes the following items (Inclusions):
319 13.1.1. Fixtures. The following items are included if attached to the Property on the date of this Seller
320 Listing Contract, unless excluded under Exclusions (§ 13.2): lighting, heating, plumbing, ventilating, and air
3.1 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable)wiring and connecting
12 blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and
324 controls, built-in vacuum systems (including accessories), garage door openers including 0 remote controls.
325 Other Fixtures: Appliances that are in working order
326 If any fixtures are attached to the Property after the date of this Seller Listing Contract, such additional fixtures are
328 also included in the Purchase Price.
329 13.1.2. Personal Property. The following items are included if on the Property, whether attached or
330 not, on the date of this Seller Listing Contract, unless excluded under Exclusions (§ 13.2): storm windows, storm
3 doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods,
332
333 fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the
334 following are included: ❑ Water Softeners 0 Smoke/Fire Detectors ®Carbon Monoxide Alarms ❑
335 Security Systems ❑ Satellite Systems (including satellite dishes); and
336
6 n/a
337
338 The Personal Property to be conveyed at closing must be conveyed by Seller free and clear of all taxes
332 (except personal property taxes for the year of closing), liens and encumbrances, except n/a.
341
Conveyance will be by bill of sale or other applicable legal instrument.
342 13.1.3. Trade Fixtures. The following trade fixtures are included: None
343 The Trade Fixtures to be conveyed at closing must be conveyed by Seller, free and clear of all taxes
344 (except personal property taxes for the year of closing), liens and encumbrances, except n/a. Conveyance will be
:46
346 by bill of sale or other a pp licable legal instrument.
347 13.1.4. Parking and Storage Facilities.® Use Only ❑ Ownership of the following parking facilities:
348 condo parking area;
349 and ❑ Use Only ❑ Ownership of the following storage facilities:
350
35'.1. none.
352 13.1.5. Water Rights. The following legally described water rights: None.
353 Any water rights must be conveyed by n/a deed or other applicable legal
3s4 Y 9 Y Y PP� 9
355 instrument. The Well Permit# is n/a.
350 13.1.6. Growing Crops.The following growing crops:None.
357
358 13.2. Exclusions. The following are excluded (Exclusions):
359 None
360
361 14. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller's
363 name. Seller must deliver to Broker true copies of all relevant title materials, leases, improvement location
364 certificates and surveys in Seller's possession and must disclose to Broker all easements, liens and other
305 encumbrances, if any, on the Property, of which Seller has knowledge. Seller authorizes the holder of any
obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said
368 encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a general warranty deed, only
369 that title Seller has in the Property. Property must be conveyed free and clear of all taxes, except the general taxes
370 for the year of closing.
371.
372 All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements).must be paid
3/3 by Seller and released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as
374 follows: None.
3' The Property is subject to the following leases and tenancies: None.
376
3 d If the Property has been or will be subject to any governmental liens for special improvements installed at
378 the time of signing a Sale contract, Seller is responsible for payment of same, unless otherwise agreed.
379
380 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, unless the parties agree in writing
381 to a different arrangement, a current commitment and an owner's title insurance policy in an amount equal to the
382 Purchase Price as specified in the Sale contract, or if this box is checked, ❑ An Abstract of Title certified to a
8 current date.
384
385
386 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners' association
https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRI NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 5/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
387 assessment i currently payable at approximately $262 per month and that there are no unpaid regular or special
a9 assessments gainst the Property except the current regular assessments and except none. Seller agrees to
390 promptly request the owners' association to deliver to buyer before date of closing a current statement of
391 assessments against the Property.
392
394
17. POSSESSION. Possession of the Property will be delivered to buyer as follows:
395 Upon a successful closing subjected to no leases or tenants, subject to leases and tenancies as
396 described in §14.
397
99
399 18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
3
400 18.1. Brbker's Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse
401 material facts actually known by such broker including but not limited to adverse material facts pertaining to the
402 title to the Property and the physical condition of the Property, any material defects in the Property, and any
403
z04 environmental hazards affecting the Property which are required by law to be disclosed. These types of
405 disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building
406 laws, and non onforming uses and zoning variances. Seller agrees that any buyer may have the Property and
37 Inclusions ins ected and authorizes Broker to disclose any facts actually known by Broker about the Property.
409
4 Obligations.
18.2. S ler's Obli
09 g
41,0 18. .1. Seller's Property Disclosure Form. Disclosure of known material latent(not obvious) defects
411 is required by law. Seller®Agrees ❑ Does Not Agree to provide a Seller's Property Disclosure form completed
4.12 to Seller's current, actual knowledge.
413 18 2.2. Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more
4.1.4 � P , P P Y
41.5 residential dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based
416 Paint Disclosure (Sales)form must be signed by Seller and the real estate licensees, and given to any potential
4.17 buyer in a timely manner.
41 9 18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater
420 or appliance, a fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes
421. (Bedroom), Seller understands that Colorado law requires that Seller assure the Property has an operational
422 carbon monoXide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by
424 the applicable'building code, prior to offering the Property for sale or lease.
424 pP� 9 P 9 P Y
425 18,2.4. Condition of Property. The Property will be conveyed in the condition existing as of the date
426 of the sales c ntract or lease, ordinary wear and tear excepted, unless Seller, at Seller's sole option, agrees in
42,E writing to any epairs or other work to be performed by Seller.
429
429
430 19. RIGHT OF PARTIES TO CANCEL.
431 19.1. Right of Seller to Cancel. In the event Broker defaults under this Seller Listing Contract, Seller has
432 the right to ca cel this Seller Listing Contract, including all rights of Brokerage Firm to any compensation if the
43.E Seller Agency box is checked. Examples of a Broker default include, but are not limited to (1) abandonment of
434 9 y, P ( )
435 Seller, (2)failure to fulfill all material obligations of Broker and (3)failure to fulfill all material Uniform Duties (§ 5)
436 or, if the Seller Agency box at the top of page 1 is checked, the failure to fulfill all material Additional Duties Of
437 Seller's Agen (§ 6).Any rights of Seller that accrued prior to cancellation will survive such cancellation.
439 19.2. Right of Broker to Cancel. Brokerage Firm may cancel this Seller Listing Contract upon written
440 notice to Seller that title is not satisfactory to Brokerage Firm. Although Broker has no obligation to investigate or
441 inspect the Property, and no duty to verify statements made, Brokerage Firm has the right to cancel this Seller
442 Listing Contract if any of the following are unsatisfactory(1)the physical condition of the Property or Inclusions, (2)
444 any proposed or existing transportation project, road, street or highway, (3) any other activity, odor or noise
444 Y P P 9 P p J 9 Y, ( ) Y Y,
2°45 (whether on o off the Property)and its effect or expected effect on the Property or its occupants, or(4)any facts
446 or suspicions egarding circumstances that could psychologically impact or stigmatize the Property. Additionally,
447 Brokerage Fir has the right to cancel this Seller Listing Contract if Seller or occupant of the Property fails to
449 reasonably c erate with Broker or Seller defaults under this Seller Listing Contract. Any rights of Brokerage Firm
440 Y P 9 Y 9 9
450 that accrued rior to cancellation will survive such cancellation.
451.
452 20. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums
453
454 received will be divided between Brokerage Firm and Seller, one-half thereof to Brokerage Firm but not to exceed
455 the Brokerage Firm compensation agreed upon herein, and the balance to Seller.Any forfeiture of payment under
456 this section will not reduce any Brokerage Firm compensation owed, earned and payable under§ 7.
457
458 21. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm
459 must bear all expenses incurred by Brokerage Firm, if any, to market the Property and to compensate cooperating
460 brokerage firms, if any. Neither Broker nor Brokerage Firm will obtain or order any other products or services
461 unless Seller agrees in writing to pay for them promptly when due (examples: surveys, radon tests, soil tests, title
462
463 reports, engineering studies, property inspections). Unless otherwise agreed, neither Broker nor Brokerage Firm is
https://www.ctmecontracts.tom/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 6/8
9/30/2014 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
464 obligated to advance funds for Seller. Seller must reimburse Brokerage Firm for payments made by Brokerage
465 Firm for such products or services authorized by Seller.
466
467
468 22. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of service
460 vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
470
responsible for maintenance 23. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm is res
A7z 9 P
473 of the Property nor are they liable for damage of any kind occurring to the Property, unless such damage is caused
474 by their negligence or intentional misconduct.
475
476
4/r 24. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer
478 because of the race, creed, color, sex, sexual orientation, marital status, familial status, physical or mental
479 disability, handicap, religion, national origin or ancestry of such person.
480
482 25. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges
483 that Broker has advised that this document has important legal consequences and has recommended consultation
484. with legal and tax or other counsel before signing this Seller Listing Contract.
485
.86
467 26. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not
488 resolved, the parties must first proceed in good faith to submit the matter to mediation. Mediation is a process in
489 which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially.
49° Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing, before any
191.
492 settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of
493 such mediation. The mediation, unless otherwise agreed, will terminate in the event the entire dispute is not
494 resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the
1-95 other at the other party's last known address.
406
497
498 27. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the
499 arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney and
500 legal fees.
501
SO2
5 28. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado
504
505 Real Estate Commission.)
506 n/a
507
508 29. ATTACHMENTS. The following are a part of this Seller Listing Contract:
500
510
511 30. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract is deemed to
512 inure to the benefit of any person other than Seller, Broker and Brokerage Firm.
513
514
51.5 31. NOTICE, DELIVERY AND CHOICE OF LAW.
516 31.1. Physical Delivery.All notices must be in writing, except as provided in § 31.2.Any document,
5.1.7 including a signed document or notice, delivered to the other party to this Seller Listing Contract, is effective upon
51.8
19 physical receipt. Delivery to Seller is effective when physically received by Seller, any signator on behalf of Seller,
520 any named individual of Seller or representative of Seller.
521. 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including a signed
522 document or written notice, may be delivered in electronic form only by the following indicated methods:
5:r3
524 ❑ Facsimile 0 E-mail ❑ Internet. If no box is checked, this§ 31.2 is not applicable and § 31.1 governs
525 notice and delivery. Documents with original signatures will be provided upon request of any party.
526 31.3. Choice of Law. This Seller Listing Contract and all disputes arising hereunder are governed by and
527 construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who
58 sign a contract in this state for property located in Colorado.
520
530
531 32. MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of the terms of this
532
Seller Listing Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the
533 parties.
534
535 33. COUNTERPARTS.This Seller Listing Contract may be executed by each of the parties, separately, and
536 when so executed by all the parties, such copies taken together are deemed to be a full and complete contract
537 between the parties.
538
539 34. ENTIRE AGREEMENT.This agreement constitutes the entire contract between the parties, and any prior
https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRI NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 7/8
9/30/2014 https://www.ctrn econtracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C08...
540 agreements, whether oral or written, have been merged and integrated into this Seller Listing Contract.
541
542
543 35. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by
514 Broker, including all attachments.
545
546 Brokerage Finin authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm.
547
549
549
550
551
.552
553
555 aoe
teicorapf
555
5;56
55.
553
559 i Date: 9/30/2014
560
561 Seller: Eagle County Housing and Development
562 By: Jell Klosterman
6
664 4 Address:25 Mill Loft Suite 200 Edwards CO 81632
5
565 Phone: (970)28-8876 Fax:
566 Electronic Ad ress:jill.klosterman @eaglecounty.us
567
568
569
570
5d1
irot4e14 6) way.,
Date: 9/29/2014
Broker: Kim4erly B. Williams
Brokerage Firin.s Name: The Valley Home Store
Address: 251011 Loft Suite 200 Edwards,CO 81632
Ph: 970-328-8776 Fax: 866-611-7237 Electronic Address: kwilliams @valleyhomestore.org
506/ I /Mir
Date: 9/29/2014
Broker: Tori Franks
Brokerage Firms Name: The Valley Home Store
Address: 25 Mill Loft Suite 200 Edwards, CO 81632
Ph: (970)328+8775 Fax: (866)611-7237 Email: tfranks @valleyhomestore.org
LC50-8-13 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT
CTM eContracts ®2014 CTM Software Corp.
https://www.ctmecontracts.dom/eContracts/m_econ/Contracts/Listing_Contracts/PRI NT_LC_50_13.asp?EC=58D55D45-E6EE-4611-BA40-C080A895... 8/8
