Professional Documents
Culture Documents
1.
EXCLUSIVE RIGHT: Buyer(s)
appoints
Coldwell Banker Residential Brokerage (hereinafter "Coldwell" or "Broker")) as Buyer's exclusive agent for the purpose
of assisting Buyer to find and/or acquire an interest in suitable real property acceptable to Buyer.
2.
3.
TERM OF AGREEMENT: This agreement shall begin on
and expire at
midnight on
unless the Buyer client is in a pending negotiation or has entered into a
fully signed purchase agreement, (either situation hereinafter referred to as a "Pending Transaction") then this Agreement
will extend through the closing date of that Pending Transaction.
4.
(a)
(b)
(c)
(d) Coldwell has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no duty
to independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Coldwell
has no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy or
completeness of any statement made by Buyer.
5.
(a)
To tell Coldwell about all past and current contacts with any real property or any other real estate agents;
(b) To utilize Coldwell exclusively in following up leads or information about a property no matter what the source of
such lead or information;
(c)
(d)
Upon request, to give Coldwell financial and personal info regarding Buyer's needs and ability to purchase; and,
(e)
6.
(a) Buyer understands that Coldwell may represent other buyers and show and sell other buyers the same properties.
Buyer understands and acknowledges that if any of Coldwell's clients have interest in a particular property, that
information is considered to be confidential and will not be disclosed to any other clients.
(b) Coldwell may share and disclose non-confidential information about Buyer with other agents who offer real
property for sale.
(c) Buyer understands that this Agreement is an exclusive appointment and represents and warrants that it does not
have a similar agreement with any other broker. Buyer acknowledges and understands that if the aforesaid representation
and warranty is incorrect, Buyer maybe be liable for the payment of more than one brokerage fee. Buyer agrees not to
enter into another exclusive agreement with any other real estate broker unless this Agreement has terminated.
(d)
The Agreement expires; or buyer and broker mutually agree to terminate this Agreement, in writing, prior
to expiration.
2) Broker reserves the right to re-assign you to another agent within the firm or to refer you to another agency
for representation should the parties mutually decide that is best.
1
CBRB - Ronkonkoma, 2395 Ocean Ave. Suite 1 Ronkonkoma, NY 11779
Phillip King
Phone: (631)542-5345
Fax: (631)236-1839
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7.
BROKERS FEE:
Coldwell's Fee is due no later than the date on which title to the real property transfers to Buyer.
The obligation to pay Coldwell's Fee will automatically extend through the date of the actual closing and transfer of title,
even though this date occurs after the term of this Agreement or any extension expires.
9.
FAIR HOUSING: IT IS UNLAWFUL UNDER FEDERAL AND/OR STATE LAW TO DISCRIMINATE ON
THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, SEX, SEXUAL ORIENTATION,
MARITAL STATUS, AGE, LEARNING DISABILITY, MENTAL DISABILITY, FAMILIAL STATUS AND/OR
PHYSICAL DISABILITY.
10.
DUAL AGENCY:
(a) Buyer understands that Broker represents sellers in addition to buyers and Buyer agrees that Broker may represent
both Buyer and Seller in the purchase and sale of a property and that Broker may be the agent of both the Buyer and a
seller. In that event, Buyer consents to and confirms this consent to a possible dual representation.
(b) In the event of a dual representation, Buyer agrees Broker shall not be required to and shall not disclose to either
party any personal, financial or other confidential information without the express written consent of the party whose
information is disclosed, other than information related to material property defects which are known to Broker and any
other information Broker is required to disclose by law.
(c)
The motivation of either client, unless otherwise instructed to do so by the respective client;
(iii) That the Buyer or the Seller will agree to financing terms other than those offered, unless instructed in
writing by the respective client.
(d) Property information available through the Multiple Listing Service or other sources, including listed and sold
properties, which has been requested by either client, will be disclosed to both clients.
(e)
Broker shall remain impartial to each client and shall facilitate a mutually agreed upon sale.
(f)
Broker agrees to immediately inform Buyer when Broker is showing Buyer a Seller client's property.
(g)
Broker shall be able to perform in a dual capacity with the written and informed consent of both clients.
11.
DESIGNATED AGENCY:
In the event the Brokerage Firm represents the Buyer and the Seller in the same transaction and there are two different
agents involved, the Firm can designate one agent to represent the sole interests of the Buyer and designate another agent
to represent the sole interests of the Seller with the client's written authorization and informed consent. This document
shall serve as written authorization from the Buyer.
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12. GENERAL CONSIDERATIONS: Buyer and Broker both understand that this is a binding agreement and
either party may enforce their rights under this Agreement in a court of law. If Buyer or Broker commences litigation to
enforce their rights under this Agreement, the prevailing party shall be entitled to be paid as part of the award, its costs
and expenses, including attorney's fees. If Buyer has questions concerning this transaction and/or any documents
executed in connection with this transaction, the legal title to property, tax considerations, property inspections,
engineering, or the uses of neighboring properties, Buyer should consult with an attorney, a tax advisor, a building
inspector or appropriate governmental agencies.
Execution by Facsimile, The parties agree that this Agreement and any attached addenda may be transmitted between
them by facsimile machine and the parties intend that a faxed Agreement containing either the original and/or copies of
the signature of all parties shall constitute a binding Agreement.
Buyer
Date
Date
Street
Authorized Agent
Zip
City/State
Date
Buyer
Authorized Agent
Date
Street
Zip
City/State
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For use in NY
Issued by
$100
Trade Service Call Fee
PROPERTY INFORMATION
<10
Year Built
City
State
ZIP
Phone Number
Email Address
BUYER INFORMATION
<10
$610
$1,305
$1,735
$1,855
$780
$1,170
$1,380
SFH/Condo/
Townhome/
New
Mobile Home Construction
Additional Refrigerators*
$15
$40
$370
$985
$180
$480
Spa Equipment
$180
$480
$480
$720
First Name
Last Name
Phone Number
Email Address
Buyer
$270
>10
$550
BUYER OPTIONS
Last Name
>10
$390
SELLER INFORMATION
First Name
<10
Shield
Complete
Condo/Townhome/Mobile Home
>10
Shield
Plus
Seller
$75
Agent Name
Agent Email
Buyer
Seller
Agent Name
Agent Email
CLOSING COMPANY
Closing Company Name
Phone Number
Fax Address
Closing Number
Phone: 866-797-4788
Fax: 800-329-2478
Espaol: 800 250 2025
Online: www.ahswarranties.com/cb
$
$
$
$
NOTE: Unless otherwise noted, all prices shown are for a one-year
Agreement Term for homes under 5,000 sq. feet. To obtain quotes for
Single Family Homes over 5,000 sq. feet, for multiple unit properties,
and for 2 year pricing plans, please call 866-797-4788.
American Home Shield may provide compensation to real estate brokers
and their related companies for services provided in connection with its Home
Warranty program. In connection with the program, a broker may provide
information regarding you and your home to AHS. By submitting this
application, you authorize the broker to share such information with AHS and
authorize AHS to use such information in connection with its program. You
are not required to buy a home warranty. If you would like to purchase one, it
does not require the listing or purchase of real estate through a franchised
office as a condition of purchase.
I accept the benefits of the Coldwell Banker Home Protection Plan
coverage. I received a copy of the Coldwell Banker Home Protection Plan
Agreement and understand the key terms, coverage, limitations and
exclusions, and I had the opportunity to ask questions regarding such
coverage.
I decline the opportunity to purchase the Coldwell Banker Home
Protection Plan coverage.
Signature
Date
Signature
Date
7
Test Buyer
PLANS AT A GLANCE
Industry-Leading Coverage and Quality
ShieldEssential
ShieldPlus
ShieldComplete
Systems
Air Conditioning (Including geothermal systems)
Heating (including geothermal systems)
Ductwork
Plumbing (including stoppages; sump pumps; plumbing sewage ejector pumps)
Electrical
Water Heaters
Appliances
Washer
Dryer
Refrigerator w/Ice Maker and dispenser (Kitchen refrigerator only)
Built-in Microwave Ovens
Dishwashers
Garbage Disposals
Ranges/Ovens/Cooktops
Additional Home Items
Ceiling Fans
Telephone Wiring
Doorbells
Garage Door Openers
Instant Hot/Cold Water Dispensers
Built-In Exhaust/Attic/Whole House Fans
Same Level of Coverage Across All Packages
Lack of Maintenance
Rust & Corrosion
Sediment
Refrigerant Recapture, Reclaim & Disposal
Removal of Defective Equipment
Mismatched Systems
Undetectable Pre-existing Conditions
Improper Installations, Repairs or Modifications
Permits ($250 per Agreement Term)
Code Violations ($250 per Agreement Term)
Optional Coverage for Buyers (available for an additional cost)
Additional Refrigerators (up to 4, including wine refrigerators up to 6 cubic feet)
Well Pump and Septic System Pumping & Septic Sewage Ejector Pump
Available
Available
Available
Available
Available
Available
Available
Available
Available
Available
Available
Available
Available
Available
As always, homeowners should refer to their Coldwell Banker Home Protection Plan Agreement for specific coverage information and
limitations.
To download a Sample Agreement visit ahshome.com.
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Buyer's Agent
A buyers agent is an agent who is engaged by a
buyer to represent the buyers interests. The buyers
Broker's Agents
A brokers agent is an agent that cooperates or is
engaged by a listing agent or a buyers agent (but
does not work for the same firm as the listing agent or
buyers agent) to assist the listing agent or buyers
agent in locating a property to sell or buy,
respectively, for the listing agents seller or the buyer
agents buyer. The brokers agent does not have a
direct relationship with the buyer or seller and the
buyer or seller cannot provide instructions or direction
directly to the brokers agent. The buyer and the seller
therefore do not have vicarious liability for the acts of
the brokers agent. The listing agent or buyers agent
do provide direction and instruction to the brokers
agent and therefore the listing agent or buyers agent
will have liability for the acts of the brokers agent.
Dual Agent
A real estate broker may represent both the buyer and
seller if both the buyer and seller give their informed
consent in writing. In such a dual agency situation, the
agent will not be able to provide the full range of
fiduciary duties to the buyer and seller. The
obligations of an agent are also subject to any specific
provisions set forth in an agreement between the
Test Buyer
) Seller's agent
) Buyer's agent
) Broker's agent
) Broker's agent
) Dual agent
For advance informed consent to either dual agency or dual agency with designated sales agents complete section
below:
(
acknowledge
Date:
X } Buyer(s) and/or {
} Seller(s):
Date:
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From:
Property:
If this form is being provided to you as the seller then this form refers to the property being sold. If this form is
being provided to you as a buyer or prospective buyer then this form refers to any property that you may
consider purchasing with the assistance of Coldwell Banker Residential Brokerage.
Date:
This is to give you notice that Coldwell Banker Residential Brokerage ("Broker") has a business relationship with the companies
listed below in this Statement. Realogy Group LLC owns 100% of Realogy Services Group LLC, which owns 100% of NRT LLC, which
owns 100% of Broker. Realogy Group LLC also owns 100% of each company listed below, except for the mortgage lender, in which
Realogy Services Venture Partner LLC, a subsidiary of Realogy Services Group LLC, has a 49.9% ownership interest. Realogy Group
LLC also indirectly owns the franchisors of the BETTER HOMES & GARDENS REAL ESTATE, COLDWELL BANKER,
COLDWELL BANKER COMMERCIAL, CENTURY 21, ERA, AND SOTHEBY'S INTERNATIONAL REALTY franchise systems.
Because of these relationships, Broker's referral of business to any of the companies listed below may provide Broker, Realogy Group
LLC, NRT LLC, the franchisors owned indirectly by Realogy Group LLC, and/or their employees, affiliates, or any other related parties
noted herein a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed
providers as a condition of the purchase or sale of your property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE
PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
COMPANIES
SETTLEMENT SERVICES
$0
$450
Application fee
$100,000 home
$250,000 home
$500,000 home
$650-$775
$1,200-$1,430
$2,100-$2,550
$250
Standard endorsements
In addition to the affiliated business relationships described above, Broker has a business arrangement with American Home Shield
Corporation ("AHS"). While Broker, Realogy Group LLC, and NRT LLC, including their subsidiaries and affiliates, do not have any
ownership interests in AHS, they may receive fees from AHS in return for their performance of services.
ACKNOWLEDGMENT
I/we have read this disclosure form, and understand that Broker is referring me/us to purchase the above-described settlement
service(s) and that Broker, Realogy Group LLC, NRT LLC, their employees and/or subsidiaries and affiliates may receive a financial or
other benefit as the result of this referral.
Buyer/Tenant Signature
Date
Buyer/Tenant Signature
Date
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SETTLEMENT SERVICES
Date
Buyers Signature
Date
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Seller
DISCLOSURE TO BUYER REGARDING PROPERTY CONDITION DISCLOSURE
STATEMENT
As the buyer of residential real property, you are entitled by law to receive from the seller a signed Property
Condition Disclosure Statement as prescribed by Real Property Law 462(2) prior to your signing of a binding
contract of sale. A copy of the Property Condition Disclosure Statement containing the signatures of both the
buyer and the seller must be attached to the real estate purchase contract. You are also entitled to receive a
revised Property Condition Disclosure Statement as soon as practicable in the event that the seller acquires
knowledge, which renders materially inaccurate a Property Condition Disclosure Statement previously
provided to you. You will not be entitled to receive a revised Property Condition Disclosure Statement after
the transfer of title from the seller to you or after you have commenced occupancy of the property. In the event
the seller fails to deliver a Property Condition Disclosure Statement to you prior to your signing a binding
contract of sale, you are entitled to receive a credit in the amount of $500.00 against the purchase price of the
property upon the transfer of title.
I have received and read this disclosure notice.
Dated:
Buyer
Buyer
CBRB - Ronkonkoma, 2395 Ocean Ave. Suite 1 Ronkonkoma, NY 11779
Phillip King
Phone: (631)542-5345
Fax: (631)236-1839
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Date
SALES AGREEMENT
PURCHASER:
SELLER:
Name:
Name:
Name:
Name:
Address:
Address:
The undersigned buyer hereby offers to purchase the real property owned by the seller and located at
on the following terms and conditions:
TERMS AND CONDITIONS
1. Purchase Price
2. Good faith deposit
3. Down payment payable on Formal Contract (including above deposit)
4. Subject to a mortgage of
5. Cash on closing
6. Seller's Concession
*NET TOTAL TO SELLER (minus seller's concession)
$
$
$
$
$
$(
$
*The actual Seller's Net at closing could be less after payoffs of existing mortgages, transfer fees, brokerage fees, etc. from Seller's proceeds
at closing
It is further understood and agreed that if this offer is not accepted by the seller in writing, the above good faith deposit will be totally refunded to the
buyer. IN THE EVENT, HOWEVER, THE SELLER DOES ACCEPT THIS OFFER IN WRITING, THEN SAID GOOD FAITH DEPOSIT WILL
BE DELIVERED TO THE SELLER AND THE BUYER WILL PROCEED TO COMPLETE THE TRANSACTION IN ACCORDANCE WITH
THIS PURCHASE AGREEMENT.
FINANCING
This sale is subject to and conditioned upon the buyer obtaining a (variable) (fixed rate) mortgage in the amount of $
with
interest at prevailing rate amortized over a period of not less than
years. Buyer understands that he/she/they are obligated to
make a good faith effort to obtain such financing.
The mortgage commitment to be obtained within
contract is to be signed by the parties on or about
days from the date hereof, or the date of a formal contract, whichever is later. A formal
.
PERSONAL PROPERTY
The following personal property is included in the sale and is represented by seller to be in working order. Exclusions are:
.
CLOSING
Location and address:
purchase price will be delivered by the buyer to the seller at the date of the closing which will take place on or about
ARBITRATION
Any dispute in which a real estate broker is claiming a commission from a party hereto as a result of the transaction set forth in this agreement, and where the dispute
involves a sum of money more than $6,000, shall be resolved by arbitration before one single arbitrator. The arbitration shall be held in the county in which the real
estate, which is the subject matter of this agreement, is located. The arbitration shall be governed by the commercial rules of the National Arbitration Association. The
prevailing party in the arbitration shall be entitled to recoup all of its costs, including, but not limited to, all fees paid to the National Arbitration Association, the
arbitrator, any other administrative fees and reasonable attorney fees. Any Award of the Arbitrator shall be final and conclusive upon the parties hereto and a Judgment
thereon may be entered in the highest court of the State of New York having jurisdiction. Nothing herein contained shall prevent a broker from commencing an action,
as law or equity where such action is necessary, for the broker to obtain injunctive or other temporary relief such as the relief provided in CPLR 2701.
COMPLETE AGREEMENT
Buyer and Seller acknowledge and agree that no representations, warranties or agreements have been made with respect to the premises or the purchase price hereof
other than those set forth in the agreement. Buyer and Seller further agree that this agreement cannot be changed or modified in any way except by writing signed by
both buyer and seller.
Purchaser(s)
Broker
Attorney for Purchaser:
Tel #:
Owner/Seller(s)
by
Attorney for Seller:
Tel #:
3/2015
2015 Coldwell Banker Residential Brokerage. All Rights Reserved. Coldwell Banker Residential Brokerage fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Operated by a subsidiary of
NRT LLC. Coldwell Banker and the Coldwell Banker logo are registered service marks owned by Coldwell Banker Real Estate LLC.
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Acknowledgement of Receipt:
Name:
Date
Name:
Date
2015 Coldwell Banker Residential Brokerage. All Rights Reserved. Coldwell Banker Residential Brokerage fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Operated by a subsidiary of
NRT LLC. Coldwell Banker and the Coldwell Banker logo are registered service marks owned by Coldwell Banker Real Estate LLC.
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Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii)
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i)
Seller has provided the purchaser with all available records and reports pertaining to lead-based paint
and/or lead-based paint hazards in the housing (list documents below).
(ii)
Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the
housing.
(d)
Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or
inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii)
waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint
and/or lead-based paint hazards.
Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of his/her
responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information they have provided is true and accurate.
Seller
Date
Seller
Date
Purchaser
Date
Purchaser
Date
Agent
Date
Agent
Date
Property Address:
CBRB - Ronkonkoma, 2395 Ocean Ave. Suite 1 Ronkonkoma, NY 11779
Phillip King
Phone: (631)542-5345
Fax: (631)236-1839
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