ADVICE TO SELLER Phone: Fax: Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Dear Seller, REGARDING THE ATTACHED SELLER'S HOMEOWNERS' ASSOCIATION INFORMATION FORM When your property is subject to a Homeowners' Association (HOA) and you list your property for sale, prospective Buyers are entitled to receive certain information of material importance to help them in making a decision whether to purchase. Key concerns to Buyers are the various HOA fees, what these fees cover, the common area amenities, any restrictions regarding the use of the property, and whether the HOA is involved in any litigation. Additionally, it is important to direct Buyers to the HOA's management company or to an officer of the HOA to obtain answers for any questions they may have. The attached SELLER'S HOMEOWNERS' ASSOCIATION INFORMATION form, when accurately completed, will provide prospective Buyers with a substantial amount of important information and will aid in the sale of your property. Please be aware that your HOA or its management company may charge you an administrative fee to complete this form. For your protection, it is recommended that you have this form completed by an authorized representative of the Homeowners' Association, not by you, the Seller. Therefore, you should immediately deliver this information form to the proper HOA officer or, if applicable, to the HOA's Management Company when you list your property for sale. Upon return of the completed form, you should promptly forward it to your REALTOR® so that he or she may provide a copy of the itemized information to prospective Buyers for your property. This does not relieve you, the Seller, from the responsibility of notifying your HOA at the time that you enter into a contract with a purchaser for your property so the HOA can send the other documentation required to be provided to the Buyer pursuant to Arizona Revised Statutes §33-1806. Thank you for your assistance and cooperation. Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715 (520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
Transcript
ADVICE TO SELLER
Phone: Fax:
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Dear Seller,
REGARDING THE ATTACHED
SELLER'S HOMEOWNERS' ASSOCIATION INFORMATION FORM
When your property is subject to a Homeowners' Association (HOA) and you list your
property for sale, prospective Buyers are entitled to receive certain information of
material importance to help them in making a decision whether to purchase. Key
concerns to Buyers are the various HOA fees, what these fees cover, the common area
amenities, any restrictions regarding the use of the property, and whether the HOA is
involved in any litigation. Additionally, it is important to direct Buyers to the HOA's
management company or to an officer of the HOA to obtain answers for any questions
they may have.
The attached SELLER'S HOMEOWNERS' ASSOCIATION INFORMATION form,
when accurately completed, will provide prospective Buyers with a substantial amount of
important information and will aid in the sale of your property. Please be aware that your
HOA or its management company may charge you an administrative fee to complete this
form.
For your protection, it is recommended that you have this form completed by an
authorized representative of the Homeowners' Association, not by you, the Seller.
Therefore, you should immediately deliver this information form to the proper HOA
officer or, if applicable, to the HOA's Management Company when you list your
property for sale. Upon return of the completed form, you should promptly forward it to
your REALTOR® so that he or she may provide a copy of the itemized information to
prospective Buyers for your property.
This does not relieve you, the Seller, from the responsibility of notifying your HOA at
the time that you enter into a contract with a purchaser for your property so the HOA can
send the other documentation required to be provided to the Buyer pursuant to Arizona
Revised Statutes §33-1806.
Thank you for your assistance and cooperation.
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
SELLER’S HOMEOWNERS’ ASSOCIATION (HOA) INFORMATIONProperty Owner: For the protection of the property owner it is very important to have
I/We
Phone: Fax:
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
this form completed by an authorized representative of the homeowners’ association.
property owner(s), request this form be completed by my homeowners' association
regarding the following:and/or faxand returned to address
Seller Name: (Print) Date(Signature)
Property Address
Association Name
Association President FaxPhone
Treasurer or Management Co. Phone Fax
Address City/State
Preparer: Please complete all spaces. Use “N/A” if it is not applicable to complete.
ASSOCIATION FEE: $ COMMON AREA AMENITIES: YES NO
per PoolMonth Quarter Annual Semi-Annual ...............................................................................Spa/Hot Tub ..................................................................NY
Recreation/Community Center ......................................More Than One HOA Governing Property (Fee $ ).....Pending Litigation Involving HOA .......................................... Kitchen Facilities ..........................................................Pending Litigation By HOA ....................................................Pending Increase in HOA Fee (Amt $ ).......................Pending HOA Assessment (Amt $ ).............................
Fire Protection ................................................................Refuse Collection ...........................................................Security Patrol/Guard .....................................................Exterior Pest Control ......................................................Termite Control ..............................................................Insurance:
Personal Area Structural Hazard .......................Common Area Structural Hazard ......................Common Area Liability ....................................
Maintenance:Common Area:
Structural Improvements ...................Grounds .............................................Pool/Spa .............................................Sewer Lines and/or Septic..................Streets/Parking Area ..........................
Utilities:Common Area ...................................................Personal Area:
Electric ...............................................Gas .....................................................Water/Sewer ......................................Basic Cable ........................................Internet Access ...................................
Other:
Information provided by: Name Title/Position
Signature Date
Prospective Buyers: The information contained herein is not guaranteed to be accurate and does not take the place of a detailed reviewof all governing documents. If you do not understand the information contained herein or in the complete governing documents, seekcompetent legal advice.
Revised 12/07/04
GENERAL INFORMATION: YES NO
Federal Compliance Adult Community.........................Cable TV Available ......................................................Key to Common Area ...................................................Key Deposit (Amount $ ).......................Pets Allowed (Limit )............RV/Boat Allowed (Limit )..............................RV/Boat Restrictions ....................................................RV/Boat Storage Space Provided (Fee $Limited Number of Vehicles (LimitVehicle Parking Restrictions .........................................Remodeling/Modifications Allowed ............................
) (Size
)........)............
HOA Approval Required ....................................Rentals Allowed ............................................................Inspection/Certification Required
for Transfer (Amount $ )...............Transfer Fee (Amount $ ).....................Other/Miscellaneous Fees Related to Transfer
of Property (Amount $ )................HOA Controlled By:
Sale/Lease Notification Required .................................To WhomWhenWhat Info
Common Area Streets are:Public Private (HOA Maintained)
Common Area Sewer Lines are:Private (HOA Maintained)Public
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
DISCLOSURE / NOTIFICATION
1. This written Disclosure/Notification is being made by:
2.
Buyer Seller Agent to the
Buyer Seller.
3.
Print Name
Regarding the Premises (address or description):
4.
5.6.
7.
8.
9.
10.
Disclosure/Notification:
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21. A total of page(s) is attached and is a part of this Disclosure/Notification.22. DELIVERY OF THIS DISCLOSURE/NOTIFICATION TO THE AGENT OF THE BUYER23. OR SELLER SHALL BE DEEMED NOTIFICATION TO THAT AGENT'S PRINCIPAL.
24.25. Print Name Print Name
26.Signature Signature
28. Party signing below acknowledges receipt of this Disclosure/Notification.
ESTIMATED PROCEEDS DUE SELLERPurchase Price $Less Present Loan Balance(s)Less Estimated CostsESTIMATED NET AMOUNTLess Owner FinancingESTIMATED PROCEEDS AT COE $Proceeds do not include refunds of impounds, insurance prorations, required repairs,appraisal reinspection, termite treatment or repairs.
Proceeds shall be paid after recordation.
-$-$$
-$
BUYER'S ESTIMATED MONTHLY PAYMENTLoan Amount:Term of Loan:Principal & InterestTaxesInsuranceMIP/PMIHOA and/or P & I (2nd Loan)ESTIMATED MONTHLY PAYMENT $
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Arthur Lambert
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
ESTIMATED COSTS EXPLANATION
1. DOWN PAYMENT ................................................ The difference between the purchase price and that portion of the purchase price being financed. Most lendersrequire the down payment to be paid from the buyer’s own funds.A fee charged by the escrow company as a neutral third party to carry out the procedures necessary to transferownership of property.
A fee charged by the escrow company to carry out the additional procedures necessary when a new loan iscreated by a lender in connection with a purchase.
3. NEW LOAN ESCROW FEE...................................
An insurance premium charged by the title company to insure the buyer that the title is free from defects up tothe date the conveying instrument is recorded. Buyer is the insured.
4. OWNER’S TITLE POLICY.....................................
An insurance premium charged by the title company to insure lender that encumbrance is a first lien on theproperty. Fee based on loan amount, refer to rate charge. “Combination ALTA Rate”. Lender is the insured.
ALTA LOAN POLICY............................................5.
Additional insurance premium(s) charged by the title company to provide additional coverage(s) as required bylender. Most common are the 8.1 (Environmental protection liens), PUD (certain violations of HOA covenants &encroachments), 102.5 (Foundation), 103.5 (Water rights) and 6.0 (variable interest rate mortgage).
ALTA LOAN ENDORSEMENTS...........................6.
Fees charged by the County Recorder’s Office for recordation of appropriate instrument(s).7. RECORDING FEES.............................................8. ACCOUNT SERVICING SETUP FEE. ................. A one-time fee charged by a company acting on behalf of the lender and borrower to setup the servicing of the
loan according to the Note and mutual written instructions. May also be setup to impound for taxes/insurance.NOTE: Collection setup fees do not include monthly service fees or close-out costs.
INTEREST ADJUSTMENT................................... An estimated amount of interest due at closing. Interest is collected in arrears and therefore must be collectedfrom the last monthly loan payment to closing or payoff.
9.
PAYOFF STATEMENT FEE................................. A fee charged by the lender or collection company for payoff information.10.PAYOFF PENALTY.............................................. A prepayment penalty under a Promissory Note imposed by the lender when the loan is paid off before it is
due.11.
RECONVEYANCE/.............................................. A fee charged by the lender/trustee to execute the Deed of Reconveyance, or Satisfaction, when the existingnote is paid off.
12.SATISFACTION FEETRACKING FEE................................................... A fee charged by the escrow company to ensure that the releases of the seller’s existing liens are recorded.13.APPRAISAL.......................................................... A fee charged by an appraiser to render an opinion of value as of a specific date. Required by most lenders to
obtain a loan.14.
APPLICATION FEE.............................................. A fee charged by the lender to start the formal loan application. This may include charges such as a creditreport, submission fee, etc.
15.
ORIGINATION FEE.............................................. A loan processing fee charged by the lender for originating a new loan.16.VA FUNDING FEE................................................ A fee charged by the Veteran’s Administration to guarantee the loan of a qualified veteran.17.LOAN DISCOUNT POINTS.................................. A fee charged by the lender to make a loan at a given interest rate. One point equals one percent of the total
loan amount and fluctuates depending on the interest rate and availability of money for loans.18.
FHA/VA LOAN COSTS ........................................ To be used only in conjunction with the lines in the Financing area of the Contract under “Other Loan Costs”.Fees charged by the lender that cannot be paid by the buyer to process an FHA/VA loan. These costs couldinclude, but are not limited to: tax service, document preparation, underwriting, bringdown endorsement,warehousing, assignment fees, etc. VERIFY COSTS WITH LENDER.
19.
MISCELLANEOUS LOAN COSTS........................ Fees charged by the lender to process the loan. See #19 above for examples.20.FLOOD CERTIFICATION .................................... A fee charged by the lender to certify the flood plain status of the property. Normally, this report will determine
if the lender will require flood insurance to obtain a loan on the property.21.
PREPAID INTEREST ........................................... The amount of interest to cover the period from close of escrow until the beginning of the first payment.22.TAX IMPOUND..................................................... An amount for taxes required and collected by the lender/account servicing agent and held in the impound
account to ensure adequate funds are available to pay the taxes. The amount varies according to the closingmonth.
23.
BELOW IS A GUIDELINE, BUT CHECK WITH YOUR LENDER FOR EXACT NUMBER.JAN & JUL - 4 MONTHSAPR & OCT- 1 MONTH
FEB & AUG - 5 MONTHSMAY & NOV - 2 MONTHS
MAR & SEP - 0 MONTHSJUN & DEC - 3 MONTHS
HAZARD INSURANCE.......................................... The first annual premium, plus 2 months, for fire and extended coverage insurance to cover loss of theproperty. Usually called Homeowner’s Insurance. In the event of a condominium property, coverage forpersonal property (contents) may also be needed.
24.
MIP/PMI PREMIUM............................................... An insurance premium to protect the lender against loss incurred by loan default, thus enabling the lender tolend a higher percentage of the sale price. This is NOT life insurance that pays off the loan in case of death.
25.
FIRE PROTECTION PRORATION ....................... An insurance premium to provide subscribers whose property is not located within a fire protection service areapaid through the property taxes. This annual premium is normally paid in advance and therefore usually acharge to the buyer to reimburse the seller to continue coverage for the remaining period.
26.
FLOOD INSURANCE ........................................... The first annual premium, plus 2 months, for a form of hazard insurance that may be required by the lender asa condition of making the loan. NOTE: Does NOT cover personal property — additional coverage is usuallyavailable.
27.
ASSUMPTION PROCESSING/............................. All fees, including any assumption, transfer and/or processing fees charged by the lender to process therecords of the existing loan into the buyer’s name.
28.TRANSFER FEE(S)LOAN PAYMENT DUE.......................................... The payment amount due from the seller at close of escrow and/or in the case of an assumption of the existing
loan, the next payment due from the buyer.29.
BROKERAGE FEE ............................................... A fee paid to a real estate broker as compensation for services rendered.30.HOME WARRANTY POLICY................................ A fee charged by a private company to cover specified defects. Coverage and deductibles vary with the
provider and plan. Both new and resale homes may be warranted.31.
32. PROPERTY INSPECTION FEE(S)....................... Fee(s) charged by a private company(s) or individual(s) to examine and report on the condition of a property.33. WOOD INFESTATION REPORT.......................... A fee for a wood infestation report.34. ENVIRONMENTAL INSPECTION......................... Fee(s) charged by a qualified entity to inspect and tender a report addressing potential environmental issues,
i.e. lead-based paint, water quality, hazardous waste, radon, asbestos, etc.FEE(S)35. HOMEOWNER'S ASSOCIATION PRORATION.... The amount at close of escrow that is due in payment of the Homeowner’s Association Fee.36. HOA TRANSFER FEE(S) ..................................... Fee(s) charged by the HOA to transfer ownership records and/or bond.37. HOA INSPECTION/CERTIFICATE........................ Any inspection and/or certification fee(s). Normally paid by the seller.
FEE(S)38. EXPRESS AND/OR .............................................. Fee(s) charged for the mailing and/or distribution of documents by express delivery system, i.e. Federal
Express, Express Mail, or other overnight or local service.COURIER FEE(S)39. REAL ESTATE TAX PRORATION........................ An amount due for taxes accrued but not yet due and payable. Taxes are generally prorated to the day of
closing. Verification for paid/unpaid taxes can be made through the County Treasurer’s Office.40. SEPTIC CERTIFICATION..................................... A fee charged to have a septic system certified that it is in good working order as required by local ordinance.
The cost of dye test performed to verify sewer connection.DYE TEST.............................................................41. PERC TEST.......................................................... A fee charged for a test, required by local ordinance, to determine the soil’s ability to facilitate a septic system.42. SURVEY................................................................ A fee charged by a surveyor to define property boundaries.43. ASSESSMENTS.................................................... A lien on a property securing payment, i.e. public improvements, delinquent homeowner’s association fees.
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com Listing Forms 2011
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Seller/Seller/
4.5.
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7.8.
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LISTING AGREEMENT(Exclusive Right to Sell)
THE PRE-PRINTED PORTIONS OF THIS LISTING AGREEMENT ("AGREEMENT") HAVE BEEN APPROVED BYTHE TUCSON ASSOCIATION OF REALTORS® / MULTIPLE LISTING SERVICE, INC. ("MLS") THIS IS A BINDINGCONTRACT. FOR LEGAL OR TAX ADVICE, CONSULT YOUR ATTORNEY OR TAX ADVISOR.
1. PROPERTY
30.31.32.
35.36.37.
EXCLUSIVE RIGHT TO SELL: I/We ("Seller") hereby give the real estate company named on Line 322 ("ListingBroker") an exclusive and irrevocable right to sell the real estate described below together with all improvements,fixtures, personal property described herein, and appurtenances thereon or incidental thereto (collectively the
if any, named on Line 320 ("Listing Agent")."Premises"). The term "Listing Broker" shall include the licensed real estate agent(s) of the Listing Broker,
TERM: This Agreement shall commence on Time (Arizona) on entered into in writing between Seller and a Buyer, then this Listing Agreement shall be extended through the close of escrow or the termination of said purchase contract, whichever first occurs ("Extended Term").
and shall expire at 11:59 P.M. Mountain Standard("Term"). If prior to the expiration of the Term a purchase contract is
SELLER REPRESENTATIONS: Seller represents to all licensed agents involved in the sale of the Premises, toMLS, and to the Buyer(s), and said parties have a right to rely upon: (i) Seller is the sole owner of the Premises; (ii) no other person(s) or entities' consent shall be required to provide marketable title to the Premises; (iii) Seller has the legal standing, capacity, and authority to offer and convey marketable title to the Premises;(iv) Seller is not currently a party to any other listing agreement for the sale of the Premises; and (v) the information provided in this Agreement is complete and accurate.
PREMISES: The Premises includes the following described real property:
Real Property Address:City/Town/Municipality: Legal Description:
Assessor's #:AZ, Zip Code:County:
FIXTURES AND PERSONAL PROPERTY: The Premises includes all fixtures on the Premises, and any existing personal property specified shall be included in this sale, including but not limited to the following:
••••••••••
•••••
••
•••••••• water softeners and/or water
purification systems
garage door opener(s) and control(s)
pellet, wood-burning or gas-log stovestimersmailbox
landscaping, fountains and lightingwater-misting/drip irrigation systemssolar systems
flush-mounted speakersfree-standing range/ovenbuilt-in applianceslight fixturesceiling fanstowel, curtain/drapery rodsdraperies/other window coveringsattached floor coveringsattached TV/media antennaspool/spa equipment (including all mechanical and cleaning systems)security and/or fire systems and/or alarms
attached fireplace equipmentwindow/door screens, sun screensstorm windows and doorsshutters and awnings
storage shedsattached satellite dishes
APPLIANCES AND ADDITIONAL EXISTING PERSONAL PROPERTY: The Premises shall include the following
appliances which are presently located in or upon the Premises:
Additional items of personal property included in sale:
Personal property, fixtures and leased items NOT included in sale
77.78.79.80.
Shall Shall Not
LISTED PRICE: The Premises shall be offered for sale at $ ("Listed Price").
TERMS AND CONDITIONS: The Premises shall be offered for sale pursuant to the provisions of this ListingAgreement, the Information Property Profile Sheet ("Property Profile Sheet"), and any addenda, data and other documentation incorporated into this Listing Agreement (collectively "Agreement"). Seller authorizes the
MODIFICATIONS: This Agreement may be modified at any time as agreed upon by Seller and Listing Brokerin writing. The Status Report Form may constitute an addendum to this Agreement.
COMPENSATION: COMPENSATION FOR THE SALE OF THE PREMISES IS NOT SET BY ANY REALTOR® ASSOCIATION OR ANY MULTIPLE LISTING SERVICE. THE COMPENSATION PAYABLE FOR THE SALEOF THE PREMISES IS NEGOTIATED BETWEEN THE LISTING BROKER AND THE SELLER.
NON-REFUNDABLE RETAINER FEE: Listing Broker acknowledges receipt from Seller of a non-refundableretainer fee of $
earned upon receipt and which Seller to Listing Broker as provided on Lines 55 through 73.
for initial consultation and research ("Retainer Fee") which shall be deemed
be credited against any other compensation owed by
TOTAL COMPENSATION FOR SALE OF PREMISES: Seller shall pay to Listing Broker("Total Compensation")
upon the occurrence of any of the following events:
A.
B.
C.
D.
E.
Within
During the Term or Extended Term of this Agreement, Listing Broker, individually or in cooperation
days after the expiration of the Term or Extended Term of this Agreement, Seller
with a licensed Broker(s)/Agents ("Cooperating Broker"), produces a Buyer ready, willing, and able topurchase the Premises according to the terms and conditions of this Agreement or upon such otherprice and/or terms and conditions as subsequently agreed to by Seller; orDuring the Term or Extended Term of this Agreement, Seller sells/transfers/leases/options/auctions/ encumbers/unilaterally terminates this Agreement or otherwise makes the title of the Premisesunmarketable or in any manner makes the Premises unavailable to Listing Broker for sale; or
accepts an offer for the sale, lease with option to purchase, exchange, or otherwise conveys title to anyperson(s) (or an entity substantially owned by any such person(s)) introduced to the Premises during the Term or Extended Term of this Agreement by any source whatsoever, unless the Premises has firstbeen re-listed for sale with another broker on an exclusive-right-to-sell basis; or During the Term or Extended Term of this Agreement, Seller agrees to sell, or transfers the title of all or any portion of the Premises to any governmental entity resulting from an actual, claimed or threatened taking of all or part of the Premises by the governmental entity pursuant to its power of eminent domain; or During the Term or Extended Term of this Agreement, a sale of the Premises is prevented by Seller.
PAYMENT OF COMPENSATION: If the Premises is sold through Listing Broker, the Compensation shall be paid at and as a condition of the close of escrow. In all other cases set forth in Lines 55 - 73 above, the Compensation shall be paid upon the occurrence of the event.
ESCROW INSTRUCTIONS: This Agreement may be delivered to escrow and shall constitute instructions by Seller to Escrow Agent to pay the Compensation authorized by this Agreement out of proceeds due Seller at time of closing. If Seller's proceeds are not sufficient in amount to pay such Compensation, Seller shall deposit a sum
/Seller/Seller
81.sufficient to pay said Compensation. If an earnest money deposit is forfeited, Escrow Agent shall pay Compensation to Listing Broker in an amount equal to one-half of the earnest money deposit, not to exceed the full
% of thegross sales price
Listing Broker to update and correct information on the Property Profile Sheet as, in Listing Broker's opinion, isnecessary.
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90.91.92.
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3. DUTIES AND AUTHORIZATIONS
121.122.
comply with all terms and conditions of the purchase contract, including executing and delivering to EscrowCompany all closing documents which may be required to be furnished Seller, and performing all other acts
Date"). Unless otherwise agreed, Seller shall pay a prorated portion of taxes, assessments, HOA fees, and othercosts related to COE that are customarily prorated in the county where the Premises is located. The saleproceeds shall be promptly distributed following COE. Unless otherwise specified in the purchase contract,Seller shall deliver possession, occupancy, access to keys, and/or means to operate all locks, mailbox, securitysystem/alarms and all common area facilities to Buyer at COE.
CONSENT TO DUAL AGENCY: Seller Does Does Not authorize Listing Broker to be a Dual Agent.
SIGNS/MARKETING: Seller Does
REPRESENTATION OF SELLER: Unless otherwise agreed, a Listing Broker acts as agent for Seller only andhas the duties of loyalty, obedience, disclosure, confidentiality, and accounting ("Fiduciary Duties") as well as otherduties imposed by the Arizona Department of Real Estate ("ADRE") and such Listing shall not be deemed toconstitute a conflict of interest. Seller may be responsible for the actions of Listing Broker. Listing Broker shallalways exercise reasonable skill and care in the performance of Listing Broker's duties to Seller. Seller is awarethat Listing Broker may list other properties that are similar to and/or are located in proximity to the Premises.
REPRESENTATION OF BUYER: A Buyer's Broker (or "Cooperating Broker") represents only the Buyer and has Fiduciary Duties as well as other duties imposed by ADRE in dealings with Buyer. Buyer's Broker may receive Compensation from Buyer, Seller, or both. Seller authorizes Listing Broker to cooperate with and share Compensation with Buyer's Broker as follows: .
CONDUCT OF BROKERS: Regardless of whom they represent, real estate licensees have the obligation to: (i) treat all parties to a transaction fairly; (ii) disclose, in writing, all facts known to the licensee that may materiallyand adversely affect the consideration to be paid for the Premises; (iii) disclose that Seller or Buyer may be unable to perform; and (iv) disclose any information concerning any material non-obvious (latent) defect existingin the Premises. REALTORS® are further obligated by their Code of Ethics to treat all parties honestly.
DUAL (limited) REPRESENTATION: A dual agency (or limited agency) may occur when the Listing Brokerprocures a Buyer for the Property. In this situation, the same real estate company may be representing theSeller's interest and the Buyer's interest. A dual agency may occur in this or in other ways. Brokers and theirAgents can legally represent both the Seller and the Buyer with the knowledge and written consent of both theSeller and the Buyer. A Dual Agent has the duties of loyalty, obedience, disclosure, confidentiality and accountingto both the Seller and the Buyer. Seller recognizes that in a dual agency situation, the duties normally owed the
NON DISCLOSURE: Sellers and Listing Brokers are not obligated to disclose that a property has been the site of a natural death, suicide, homicide, or any crime classified as a felony, nor that the property was owned or occupied by a person exposed to HIV, or diagnosed as having AIDS or any other disease not known to be transmitted through common occupancy of real estate, nor that the property is located in the vicinity of a sex offender.
Does Not agree to the placement of a customary "For Sale" and
/Seller/Seller
amount of Compensation due pursuant to Lines 51 - 73 above.
CLOSE OF ESCROW: Close of Escrow ("COE") is when the deed and any other instruments necessary tocomplete the transfer of title are recorded with the appropriate county recorder's office. Seller shall timely
necessary in sufficient time to allow COE to occur by the closing date specified in the purchase contract ("COE
123.124.
125.
Seller Initials Required: /Seller/Seller
% of gross sales price or $
Seller by the Listing Broker and his/her Agents may be limited in that confidential information pertaining to theBuyer may not be disclosed to the Seller (and likewise, confidential information concerning the Seller may not bedisclosed to the Buyer). Seller agrees that the Listing Broker and his/her Agents shall not be liable for failing orrefusing to disclose confidential information. The Dual Agent may receive compensation from the Buyer and/orfrom the Listing Broker with the written consent of all parties.
items. Seller understands the public may have unlimited access to the images and may download and/or copy them. Any such images are the property of Listing Broker.
ACCESS AND KEYSAFE: Seller Does Not authorize the installation and use of a Keysafe that Doescontains an access key to the Premises. A Keysafe permits access at any time to the interior of the Premises
HOME WARRANTY PLAN: Seller Does
by MLS Participants together with potential Buyers. Seller is advised to take appropriate security precautions to protect valuable items. Seller agrees, upon reasonable notice, to cooperate with previews and showings of the Premises at reasonable times. If there are any adult occupants of the Premises other than Seller or Seller's family, or if the Premises is subject to a rental agreement, then Seller shall immediately provideListing Broker with written permission from all adult occupants authorizing access by the MLS Participants and potential buyers at reasonable times upon reasonable prior notice.
Does Not agree to provide Buyer, at Seller's expense, at COE, a home warranty plan acceptable to Seller. Seller is aware that home warranty plans may provide benefits to Seller as well as to the Buyer of the Premises.
SUBSEQUENT OFFER: Seller shall, prior to close of escrow, receive all offer(s) to purchase the Premises unless otherwise agreed upon by Seller in writing. Seller understands that any subsequent offer accepted by the
INDEMNIFICATION: As a material condition of this Agreement, Seller agrees that the Tucson Association ofREALTORS® ("TAR") and MLS are third-party beneficiaries of this Agreement for the purpose of indemnification.Seller agrees to hold harmless and indemnify TAR, MLS, their Directors, Officers, employees and volunteersas well as Listing Broker and the Cooperating Broker involved in this transaction from any and all claims, damages, liability or other loss, including all attorneys' fees and legal costs incurred arising out of any claim ofmisrepresentation or for any action or non action by Seller including, but not limited to, the supplying of incorrectinformation, breach of warranty or any other claim arising out of this Agreement or the sale and purchase ofthe Premises or as a result of the dissemination of any inaccurate information concerning the listing of the Premises published by a third party website. This provision is to be liberally construed in favor of the indemnifiedparties.
FAIR HOUSING: The Premises shall be offered to all persons without regard to their ancestry, race, religion,color, sex, sexual orientation, handicap, marital status, familial status, age or national origin or any other mandated classification by prevailing federal, state or local laws.
SELLER PROPERTY DISCLOSURE STATEMENT ("SPDS"): Seller shall complete and return to Listing Brokera SPDS form within five (5) calendar days after receipt thereof. Listing Broker shall have no responsibility, inwhole or part, for the preparation of the SPDS. Seller shall fully disclose all material facts known to Sellerconcerning any previous or current problem(s) or condition(s) that could adversely affect the value or marketabilityof the Premises. Seller shall immediately advise Listing Broker, in writing, concerning any subsequent changes
/Seller/Seller
165.166.167.168.169.
Seller Initials Required: /Seller/Seller
"Sold" sign(s) together with customary sign riders on the Premises through COE. In any event, Seller agreesto immediately remove, or have removed, all "For Sale" signs not belonging to Listing Broker. The placement of directional or other signs on public or private property without the property owner's permission is illegal. Listing Broker/Agent will not illegally place such signage. Seller agrees not to advertise or market the Premisesin any manner without the prior written permission of Listing Broker.
VIDEO/STILL IMAGES: Seller Does Does Not consent to the taking and placement of video, still or other images of the Premises on the Internet and in other media at the sole discretion of Listing Broker. Selleris cautioned to protect valuable items from view. Listing Broker has no responsibility for loss of such valuable
that occur concerning the Premises or that are subsequently discovered and cause the
Seller must be a backup offer contingent on the cancellation of the Contract.
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175.
176.177.
182.
178.179.
183.
180.181.
184.185.
186.187.
188.189.190.
191.192.193.194.195.196.197.198.
199.200.201.202.
203.204.205.
of a written notice of a pending sale of the Premises. Seller shall promptly notify the HOA of the pending sale of the Premises. Upon opening escrow, seller agrees to pay HOA fees required to obtain said disclosure notice.
INSURANCE CLAIMS HISTORY: Seller shall deliver to buyer a written five-year insurance claims history regarding the Premises (or a claims history for the length of time Seller has owned the Premises if less than five years) from Seller's insurance company or an insurance support organization, or consumer reportingagency, or if unavailable from those sources, from Seller, within five (5) days after contract acceptance.
CONDITION OF PREMISES AND INSURANCE: Seller is responsible to maintain the Premises in the same orbetter condition as on the date of execution of this Agreement through COE. Therefore, Seller should considermaintaining appropriate hazard insurance to cover partial or complete destruction of the Premises as well as any loss due to theft, vandalism, water and glass breakage, if available, as well as liability coverage. Seller shall
LEAD BASED PAINT: If any portion of the Premises was constructed prior to 1978, federal law requires thatBuyer be provided a Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards form.If applicable, Seller shall provide Listing Broker, simultaneously with the execution of this Agreement or not later than five (5) days following execution of this Agreement, a completed and executed disclosure form.
/Seller/Seller
SPDS form to be amended accordingly and authorizes release of such information to all Cooperating Brokers.
HOMEOWNER'S ASSOCIATION INFORMATION: Seller shall, upon receipt from Listing Broker, complete, or provide to the Homeowner's Association ("HOA") for completion, the HOA Information form and cause the completed form to be returned to Listing Broker within ten (10) days of the delivery thereof to Seller.
HOA RESALE NOTIFICATION: If the Premises is in a residential HOA/Condominium or Planned UnitDevelopment ("Planned Community") consisting of less than fifty (50) units, Seller shall deliver to Buyer andEscrow Company the disclosure notice to be provided to Buyer within ten (10) days following acceptance of a purchase contract. If the Premises is in a Planned Community with fifty (50) or more units, the HOA shall mail or deliver the required disclosure notice to Buyer and the Escrow Company within ten (10) days following receipt
Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.
AFFIDAVIT OF DISCLOSURE: If property is unsubdivided and is located in an unincorporated area of a county,Seller shall be required to provide Listing Broker a completed, notarized State of Arizona Affidavit of Disclosureform required pursuant to Arizona Revised Statute§33-422 within seven (7) days of the commencement date of this Agreement.
Does Does Not have a
Seller Initials Required: /Seller/Seller
DOMESTIC WATER WELL/WATER USE ADDENDUM SELLER'S PROPERTY DISCLOSURE STATEMENT("DOMESTIC WATER WELL/WATER USE ADDENDUM SPDS"): PropertyDomestic Water Well. If the property is served by a domestic water well, Seller shall complete and return theDomestic Water Well/Water Use Addendum SPDS to Listing Broker within five (5) calendar days after receiptthereof. Seller shall fully disclose all material facts known to Seller concerning any previous or current problem(s) or condition(s) that could adversely affect the value or marketability of the Property. Seller shall immediately advise Listing Broker, in writing, concerning any subsequent changes that occur concerning the Property or thatare subsequently discovered and cause the Domestic Water Well/ Water Use Addendum SPDS form to beamended accordingly and authorizes release of such information to all Cooperating Brokers. Seller agrees to hold Broker harmless from any damages if Seller does not inform Broker of changes in writing.
WATER / WELL RIGHTS: The following described water/well rights shall transfer with the subject property, ifany:
206.207.
208.209.210.211.
consider notifying insurance company prior to vacancy of property.
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7. ADDITIONAL TERMS
249.250.
appeal. Either party may initiate arbitration by giving notice of the dispute stating with particularity that party'sposition. If the parties are unable to agree upon an arbitrator, either party may apply to the relevant County Superior Court for appointment of an arbitrator by filing a complaint seeking arbitration under the Rules or by a letter to the presiding civil judge with a copy to the other party requesting the appointment of an arbitrator. The parties shall cooperate in the expeditious appointment of an arbitrator. The arbitrator shall determine which of theparties shall pay the fees and costs for arbitration including attorneys' fees by determination of who substantially prevailed. The arbitrator shall treat the fees actually incurred as reasonable, unless he/she makes an expressfinding that the fees are unreasonable, in which event the arbitrator shall determine the amount of the fees.
ATTORNEYS' FEES: In any proceeding, including arbitration, for damages, or to enforce any of the provisions of this Agreement, including a claim by Listing Broker for payment of Compensation, the substantially prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees and related expenses including, but not limited to, expert witness fees, fees paid to investigators, and customary court costs.
/Seller/Seller
212. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 ("FIRPTA"): If Seller is a foreign person 213. or a nonresident alien, Seller shall provide Escrow Agent with a completed and signed FIRPTA certificate.
214. REFERRALS-RESPONSIBILITY: If Listing Broker, Cooperating Broker, or their Agents recommend to Seller any215. person, entity or service, for any purpose, it shall be Seller's duty to independently investigate the qualifications216. of the referred party. Seller shall hold harmless and indemnify the referring party from any adverse consequences217. resulting from such referral.
5. FUTURE SELLER OBLIGATIONS
218. SEPTIC OR ALTERNATIVE TREATMENT SYSTEM: If the Premises is served in whole or in part by an on-site 219. wastewater treatment facility, Seller shall, at Seller's expense, place in escrow any certification(s) which may be 220. required by any law and/or any appropriate regulatory bodies. Certification may require that the system be221. inspected, emptied and/or repaired prior to the issuance of the requisite certification. If a public sewer line of222. sufficient capacity exists within 200 feet of the Premises, the lender or local health authority may require 223. connection to the public sewer line prior to or upon transfer of ownership. Unless otherwise agreed upon with 224. Buyer, such connection to the public sewer line shall be at Seller's expense.
225. POOL SAFETY: If the Premises includes a swimming pool or spa, Seller shall provide Buyer with an opportunity226. to review the relevant pool barrier laws and shall provide Buyer with a notice concerning pool safety which shall227. be signed by Buyer acknowledging receipt thereof.
228. DEED/TITLE INSURANCE: Seller shall convey title to Buyer by general warranty deed. Buyer shall be provided,229. at Seller's expense, an American Land Title Association ("ALTA") Homeowner's Title Insurance Policy, or if not230. available, an ALTA Residential Title Insurance Policy ("Plain Language" / "1-4" units") or, if not available, a231. Standard Owner's Title Insurance Policy.
232. PREMISES CONDITION AT CLOSING: Seller shall remove all personal property not included in the sale and all233. debris from the Premises at the earlier of possession by Buyer or COE whichever first occurs.
6. REMEDIES
234. DISPUTE RESOLUTION: Listing Broker and Seller agree to mediate any dispute or claim arising out of or relating235. to this Agreement in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed. All236. mediation costs shall be paid equally by the parties. In the event that mediation does not resolve all disputes or 237. claims, the unresolved issues shall be submitted for arbitration pursuant to the Uniform Rules of Procedure for238. Arbitration for the Arizona Superior Court except that the award shall be final and binding and not subject to
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/Seller/Seller
251. ARIZONA LAW: This Agreement shall be governed by Arizona law and is subject to the jurisdiction of Arizona.
252. TIME IS OF THE ESSENCE: The parties acknowledge that a material and negotiated condition of this Agreement is that time is of the essence in the performance of the obligations described herein.253.
254. DAYS: All references to days in this Agreement shall be construed as calendar days. The day of the act or event 255. from which the time period begins to run is not included and the last day of the time period is included.
256. COPIES AND COUNTERPARTS: A fully executed facsimile or electronic copy of this Agreement shall be treatedas an original Agreement. This Agreement may be executed in counterparts, which shall become effective upon 257.
258. delivery. All counterparts shall be deemed to constitute one instrument. The Disclosure of Information on Lead-259. Based Paint and/or Lead-Based Paint Hazards form may not be signed in counterpart.
294.
ENTIRE AGREEMENT/NO MODIFICATION: This Agreement, the Property Profile Sheet, and any addenda, photographs, data or other documentation which shall be incorporated into this Listing Agreement, constitutes the
260.
entire Agreement between Seller and Listing Broker and supersedes any prior written or oral representations or261.262.
agreements between Seller and Listing Broker. Any release from or modification to this Agreement requested by Seller during the term of this Agreement will be in writing signed by the parties. The pre-printed portions of this
263.
Agreement may not be modified without the express written permission of MLS. No modifications shall be made to 264.265.
this Agreement which shall place Listing Broker and his/her agents in violation of the MLS Rules and Regulations. The failure to initial any page of this Agreement will not affect the validity or terms of this Agreement.
266.267.
IMPORTANT NOTE: If Seller signs more than one Listing Agreement during the Term or Extended Term268.of this Agreement, Seller could be responsible for paying Compensation to more than one broker upon 269.the sale of the Premises.270.
SELLER MATERIALS: If Seller provides Listing Broker any photographs, floor plans, art work, plot plan271.drawings, or any other items created by or for Seller ("Seller Materials"), Seller, having the authority to do so, 272.hereby grants Listing Broker and MLS a non-exclusive right and license to all intellectual property rights 273.thereto including the copyright to use and defend Seller Materials in any manner and for any reason. Upon 274.termination of this Agreement, upon written request, the Seller Materials shall be returned to Seller.275.
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8. ACCEPTANCE
Seller Address
City/State Zip
Seller Email Address
Seller Home Phone Seller Home Fax
Seller Office Phone Seller Office Fax
PRINT NAME
309.
310.311.312.313.314.315.316.317.318.
ACCEPTANCE BY LISTING BROKER: By signing below the Authorized Signor acknowledges authority to signthis Agreement and accepts from Seller (and Listing Agent if applicable) an irrevocable assignment of the copyrightand other intellectual property rights in Seller Materials, including the right to protect and enforce the ownership rights therein. The Authorized Signor reserves a non-exclusive right to utilize Seller Materials in the promotion andmarketing of the Premises. If and when the Premises is listed in MLS, the Authorized Signor irrevocably assignsan undivided interest in such rights to MLS. By publication of a listing of the Premises, MLS accepts an irrevocableco-ownership of said property rights during the Term and/or Extended Term of this Agreement. Each party shallhave an independent right to enforce and defend the property rights each has acquired in the Seller (Listing Agent's) Materials. Upon termination of this Agreement, Seller Materials shall be returned to Seller upon receipt of written request from Seller.
Listing Agent Name
325.
326.
/Seller/Seller
Arthur Lambert
Sue Cartun
Keller Williams Souther Az
1849 N. Kolb Road Suite #101, Tucson,
Az 85715
520-886-8282
Listing Forms 2011
Arthur Lambert
MOLD DISCLOSURE
Address of Premises:
The existence of indoor mold is often not detectable by a visual inspection and therefore can go undetected by Real Estate Agents,
Sellers/Landlords and even Professional Home Inspectors. The only certain way to determine if the premises you are purchasing/or
leasing contains harmful or toxic indoor mold or other airborne health hazards is to retain an environmental expert to perform an
indoor air quality test. If past or present existence of any toxic or non-toxic mold, water intrusion or moisture has been disclosed to
you, or discovered by you, you should have that condition professionally evaluated.
Recently, substantial attention has been given to the possible health effects of mold in homes, apartments and commercial buildings.
Mold found inside such buildings is referred to as indoor mold and is categorized as being either toxic or nontoxic. Certain types of
toxic indoor molds may cause health problems in some people while triggering only common allergic responses in others. Non-toxic
indoor molds are ordinarily no more than a common nuisance.
The Broker(s) recommends that every Buyer/Tenant should consider having an indoor air quality test and/or other health hazard test
performed by an environmental expert as part of their inspection rights under their Purchase Contract/ or prior to signing their Lease.
This is particularly important if any of the inspection reports or disclosure documents indicate the existence of past or present
moisture, standing water, visible water stains, or water intrusion in the Premises.
All inspections, including those to detect the existence of indoor mold or other health hazards, should be completed within the time
provided for inspections in the Purchase Contract/or prior to signing the Lease. Any waiver or failure on the part of the Buyer/Tenant
to complete all desired inspections and tests within the time provided in the Contract/Lease, including those for indoor mold or other
health hazards, is contrary to the advice and recommendations of the Broker(s) and Agent(s).
The Broker(s) and Agent(s) have no knowledge of whether the Premises may have either toxic or non-toxic indoor mold and they
hereby acknowledge that they have not been informed of the existence of any indoor mold problems by the Seller/Landlord or any
other individual. Also, the Broker(s) and Agent(s) have not and cannot verify, unless the existence of mold is plainly visible, whether
or not there is now or ever has been any indication of indoor mold in the Premises. If mold is visible inside the Premises, it is hereby
acknowledged by Buyer/Tenant that Broker(s) and Agent(s) are not qualified to verify or identify whether the visible mold is toxic or
non-toxic or whether or not there is any existing health risk that may be associated with such mold in or on the Premises.
If you have any questions about indoor mold in or about the Premises, or about potential health problems which may result from toxic
and non-toxic mold, the Broker(s) and Agent(s) strongly recommend seeking advice from an environmental expert.
Buyer/Tenant acknowledges having received and read a copy of the foregoing information pertaining to mold. Buyer/Tenant agrees
that if there are any questions pertaining to same, the Buyer/Tenant will seek professional advice in a timely manner. The
Buyer/Tenant has not and will not rely on the Broker(s) and/or Agent(s) to furnish such advice. The Buyer/Tenant acknowledges that
Buyer/Tenant has received no advice and/or information other than this form, pertaining to mold from either the Broker(s), Agent(s),
and/or Seller/Landlord.
BUYER/TENANT SPECIFICALLY RELEASES, HOLDS HARMLESS AND INDEMNIFIES BROKER(S) AND
AGENT(S) FROM ANY LIABILITY FOR ANY MOLD FOUND ON THE PREMISES WHICH COULD HAVE
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Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
RESIDENTIAL - Tucson MLSSingle Family Residential, Townhouse/Condominium, Manufactured Home, Mobile Home, and New Construction Profile Sheet and Addendum to Employment Agreement
To avoid having input of this information delayed, fill in or circle All areas. Fields with * indicate mandatory fields.
General Listing Information
*Listing Member ID *Office ID Co-Listing Member ID Co-Listing Office ID
Parent/Child Options
This is a regular listing or a parent listing This is a child listing. MLS Number of Parent
Location, Tax & Legal
Street # Direction *Street Name Suffix Post Apt/Unit #
*Tax Code *City *State *Zip Code *County *Country
U.S.
*Property Sub-Type SFR MSFR TH CONDO MH
*Construction Status EXISTING NEW CONSTRUCTION N/A
Seller directs listing to be Excluded from Internet
Documents
Green Documents Lead Paint Disclosure Seller Documents
Seller Opt Out
Seller directs address to be Excluded from Internet
Seller agrees to indemnify and hold harmless, as third party beneficiaries, the Tucson Association of REALTORS®, Inc. and the Tucson Association of REALTORS®
Multiple Listing Service, Inc., their employees and volunteers, the Listing Broker and his Agents, Subagents, Buyer's Agents and all other Cooperating Brokers against
any and all claims or liability (including attorney's fees) arising from any misrepresentation or breach of warranty by Seller or from any incorrect information supplied
by Seller or from any facts concerning the Premises not disclosed by Seller.
I have reviewed the information in this Addendum to the Employment Agreement and find it accurate to the best of my knowledge and belief. Information contained
herein is deemed confidential and will only be shared with member's clients and customers as provided for in the MLS Rules and Regulations. Seller hereby authorizes
Listing Broker to file this listing with the MLS, provide timely notice of all status changes (as required by the MLS Rules and Regulations) and provide sales
information, including sale price, upon sale of the property.
Seller Signature
I certify that I have a valid Employment (listing) Agreement on this property. Designated Broker or Branch Manager
Date Seller Signature Date
NOTE: Entering Site Contact or Site phone number will override the listing agent name and the Listing Office / Listing Agent phone number.
Listing Forms 2011
STATUS REPORT FORMTo avoid having input of this information delayed, fill in or check ALL areas. Items denoted by an asterisk/star* are required fields.
*Listing #: *Address:
*L.A. ID: *L.A. Name:
*L.O. Name:
Extend Expiration Date of Employment (Listing) Agreement: Seller Signature Required *New Expiration Date (mm/dd/yy)
Price Change:
Transfer Listing to Another Company:
New Listing Broker Signature
Withdraw Listing TEMPORARILY:*Inactive Date (mm/dd/yy)
Withdraw Release Listing PERMANENTLY:
Active Contingent:
Active Capa:
Remove Contingency or Capa:
Back on Market: (Not for Contingent/Capa)
Pending Closing:(Taken off the Market)
Selling Comments
Relo or REO Sale: Seller Paid Points:
Y
Edit Listing Information - Make sure to include Field Name and New Information:
Seller Signature Date
*L.O. ID:
Seller Signature Required
*New Listing Price *Cash to Available Financing
Seller Signature Required *Releasing Office ID *Releasing Agent ID
*New Office ID *New Agent ID
Seller Signature Recommended
Seller Signature Recommended *Inactive Date (mm/dd/yy)
*Contingent Date (mm/dd/yy) *Est’d Selling Date (mm/dd/yy) *Selling Agent ID *Selling Office ID
*Contingent (Capa) Date (mm/dd/yy) *Est’d Selling Date (mm/dd/yy) *Selling Agent ID *Selling Office ID
*Active Date (mm/dd/yy)
*Active Date (mm/dd/yy)
*Pending Date (mm/dd/yy) *Est’d Selling Date (mm/dd/yy) *Selling Agent ID *Selling Office ID
Status Comments:
Sold - Escrow Has Closed:*Sold Date (mm/dd/yy) *Selling Price *Type of Financing
N Y N Seller Paid Repairs Seller Paid Fin Costs Down Payment
*Selling Agent ID *Selling Office ID Selling Co-Agent ID Selling Co-Office ID
Seller Signature Date Entered By:
Date:
Listing Agent Signature Date Listing Broker Signature Date
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Arthur Lambert
Keller Williams Souther Az
Arthur Lambert Sue Cartun
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715 (520)235-1370 520-721-5240 Listing Forms 2011
Arthur Lambert
ADDENDUM Document updated:June 1993
The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.Any change in the pre-printed language of this form must be made in a prominent manner.No representations are made as to the legal validity, adequacy and/or effects of any provision,including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseconsult your attorney, tax advisor or professional consultant.
1. This is an addendum originated by the: Seller Buyer Landlord Tenant.2. This is an addendum to the Contract dated between the following Parties:
MO/DA/YR3. Seller/Landlord:4. Buyer/Tenant:5. Premises:6. The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the above referenced Premises:7.8.9.
10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42. The undersigned agrees to the additional terms and conditions and acknowledges receipt of a copy hereof.
43.44. Seller Buyer MO/DA/YR
45. Landlord Tenant
46.47.48.
49. For Broker Use Only:Brokerage File/Log No. Manager's Initials Broker's Initials Date
Seller BuyerLandlord Tenant
Seller BuyerLandlord Tenant
Seller BuyerLandlord Tenant
MO/DA/YR
MO/DA/YR
MO/DA/YR
MO/DA/YR
Phone: Fax:
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Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
Document updated:August 2009
The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.Any change in the pre-printed language of this form must be made in a prominent manner.No representations are made as to the legal validity, adequacy and/or effects of any provision,including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseconsult your attorney, tax advisor or professional consultant.
Phone: Fax:
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5. The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the
4.
3.
2.
1.
6.7.
8.9.
10.11.12.13.14.
15.16.17.18.
19.20.21.22.
above referenced Premises. All terms and conditions of the Contract are hereby included herein and delivery of all noticesand documentation shall be deemed delivered and received when sent as required by Section 8m of the Contract.
Seller and Buyer agree that the Premises is being sold in its existing condition ("AS IS") and Seller makes no warrantyA.to Buyer, either express or implied, as to the (1) condition of the Premises, including, but not limited to, Seller's Warrantiesin Lines 166-168 of Section 5a, which Buyer hereby waives; (2) zoning of the Premises; or (3) Premises' fitness for anyparticular use or purpose. However, Seller warrants and shall maintain and repair the Premises so that, pursuant to lines169-170, at the earlier of possession or COE, the Premises, including all additional existing personal property includedin the sale, will be in substantially the same condition as on the date of Contract acceptance and all personal propertynot included in the sale and all debris will be removed from the Premises.
B.
C.
D.
E.
F.
Buyer is advised to conduct independent inspection(s) and investigations regarding the Premises within theInspection Period as specified in Section 6a. Buyer retains the rights pursuant to Section 6j. Seller shall notbe obligated to correct any defects that may be discovered during Buyer's inspection(s) andinvestigations or otherwise.
Notwithstanding the foregoing, if an On-Site Wastewater Treatment Facility (conventional septic or alternativesystem) ("Facility") has been installed on the Premises, Seller and Buyer agree to complete and execute the AAROn-Site Wastewater Treatment Facility Addendum and Seller agrees to pay for the Facility inspections, fees orrepairs as set forth therein.
23.24.
25.26.27.
28.
29.
30.
31.32.33.34.35.36.37.38.39.40.
Seller acknowledges that selling the Premises "AS IS" does not relieve Seller of the legal obligation to disclose allknown material latent defects to Buyer.
In the event that any provision contained in this Addendum conflicts in whole or in part with any of the termscontained in the Contract, the provisions of this Addendum shall prevail and the conflicting terms are herebyconsidered deleted and expressly waived by both Buyer and Seller.
building codes, governmental regulations, insurance or any other matter relating to the value or condition of the Premises.
BUYER ACKNOWLEDGES THAT BUYER IS HEREBY ADVISED TO SEEK APPROPRIATE COUNSEL REGARDINGTHE RISKS OF BUYING A PROPERTY IN "AS IS" CONDITION.Buyer recognizes, acknowledges, and agrees that Broker(s) are not qualified, nor licensed, to conduct due diligence with respectto the premises or the surrounding area. Buyer is instructed to consult with qualified licensed professionals to assist in Buyer's duediligence efforts. Because conducting due diligence with respect to the premises and the surrounding area is beyond the scope ofthe Broker's expertise and licensing, Buyer expressly releases and holds harmless Broker(s) from liability for any defects or conditionsthat could have been discovered by inspection or investigation. Seller and Buyer hereby expressly release, hold harmless andindemnify Broker(s) in this transaction from any and all liability and responsibility regarding financing, the condition,square footage, lot lines, boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation,
REAL SOLUTIONS. REALTOR® SUCCESS
Keller Williams
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Anychange in the pre-printed language of this form must be made in a prominent manner. Norepresentations are made as to the legal validity, adequacy and/or effects of any provision, includingtax consequences thereof. If you desire legal, tax or other professional advice, please consult yourattorney, tax advisor or professional consultant.
7.8.9.
10.11.12.
13.14.15.
16.17.18.19.
20.21.22.
23.24.
25.26.27.28.29.30.31.
ON-SITE WASTEWATER TREATMENT
1.
2.
3.
4.
5.6.
The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the abovereferenced Premises.
An On-Site Wastewater Treatment Facility (conventional septic or alternative system) (“Facility”) has been installed on thePremises/Property. The Arizona Department of Environmental Quality (“ADEQ”) rules require a pre-transfer inspection and transferof ownership of the Facility whenever a Premise/Property is sold or otherwise transferred.
Facility Documents: Seller shall deliver to Buyer copies of all documents pertaining to the Facility in Seller’s possession within five (5)days after Contract acceptance. Buyer shall provide notice of any items disapproved within the Inspection Period or five (5) days afterreceipt of the documents, whichever is later.
Facility Inspection: Seller shall have the Facility inspected at Seller’s expense within six (6) months prior to Close of Escrow, but in noevent later than three (3) days prior to Close of Escrow, by an inspector recognized by the applicable governmental authority as qualifiedto inspect the type of Facility installed on the Premises. Seller shall deliver the completed report of inspection to the Buyer upon receipt.
Repair Costs: Seller shall pay for repairs to correct physical or operational deficiencies in the Facility identified by the Facilityinspector, provided that such repairs do not exceed one percent (1%) of the purchase price or .If repair costs exceed the amount that the Seller agrees to pay: (i) Buyer may immediately cancel this Contract or (ii) Seller may cancelthis Contract unless Buyer agrees in writing to pay such costs in excess of the amount that the Seller is obligated to pay.
Notice of Transfer: Buyer shall deliver to Escrow Company a completed Arizona Department of Environmental Quality Notice ofTransfer of Ownership of an On-Site Wastewater Treatment Facility form (“Notice of Transfer”) prior to Close of Escrow. EscrowCompany is instructed to file the Notice of Transfer and the filing fee(s) with the applicable governmental authority at Close of Escrow.
Notice of Transfer Filing Fee: The Notice of Transfer Filing Fee and any other Facility transfer of ownership fees shall be paid by:Buyer Seller
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REAL SOLUTIONS. REALTOR® SUCCESS
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,
Keller Williams
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715(520)235-1370 520-721-5240 Arthur Lambert Listing Forms 2011
AND LEAD-BASED PAINT HAZARDS (SALES)The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Anychange in the pre-printed language of this form must be made in a prominent manner. Norepresentations are made as to the legal validity, adequacy and/or effects of any provision, includingtax consequences thereof. If you desire legal, tax or other professional advice, please consult yourattorney, tax advisor or professional consultant.
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^ SELLER'S SIGNATURE
^ LISTING AGENT'S SIGNATURE
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
2. Lead Warning Statement: Every buyer of any interest in residential real property on which a residential dwelling was built prior to 1978 is3. notified that such property may present exposure to lead from lead-based paint, which may place young children at risk of developing lead4. poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced5. intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.6. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk7. assessments or inspections in the seller’s possession and to notify the buyer of any known lead-based paint hazards. A risk assessment or8. inspection for possible lead-based paint or lead-based paint hazards is recommended prior to purchase.
SELLER’S DISCLOSURE (Seller must complete and initial sections a, b and c below)1.9. (a) Lead-based paint and/or lead-based paint hazards (check either 1 or 2 below):
10. 1. Seller is aware that lead-based paint and/or lead-based paint hazards are present in the residence(s) and/or building(s) includedin this sale. (Explain)11.
12. 2. Seller has no knowledge of any lead-based paint and/or lead-based paint hazards in the residence(s) and building(s) included13. in this sale.14.
SELLER SELLER
(SELLER’S INITIALS REQUIRED)
15.1. Seller has provided the buyer with all available records and reports relating to lead-based paint and/or lead-based paint hazards in
(b) Records and reports available to the seller (check either 1 or 2 below):16.17. the residence(s) and building(s) included in the sale. (List documents)18. 2. Seller has no reports or records relating to lead-based paint and/or lead-based paint hazards in the residence(s) and building(s)19. included in this sale.20. (SELLER’S INITIALS REQUIRED)
SELLER SELLER
21. Seller acknowledges Seller’s obligation to disclose to any real estate agent(s) to whom the seller directly or indirectly is to pay compensation22. with regard to the transaction contemplated by this disclosure any known lead-based paint or lead-based paint hazards in the premises to be23. sold, as well as the existence of any reports or records relating to lead-based paint or lead-based paint hazards in the premises to be sold.Seller24. further acknowledges that this disclosure accurately reflects the entirety of the information provided by the seller to the agent(s) with regard to25. lead-based paint, lead-based paint hazards, and lead-based paint risk-assessment or inspection reports and records.
(c)
(SELLER’S INITIALS REQUIRED)26.SELLER SELLER
2. BUYER’S ACKNOWLEDGMENT (Buyer must complete and initial sections a, b and c below)27. (a) Buyer has read the information set forth above, and has received copies of the reports, records, or other materials listed above, if any.
28. (BUYER’S INITIALS REQUIRED)BUYER BUYER
29. (b) Buyer has received the pamphlet Protect Your Family From Lead in Your Home.30. (BUYER’S INITIALS REQUIRED)
BUYER BUYER31. (c) Buyer has (check one):32. Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the33. presence of lead-based paint and/or lead-based paint hazards; or34. Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or35. lead-based paint hazards.36. (BUYER’S INITIALS REQUIRED)
BUYER BUYER
3. AGENT’S ACKNOWLEDGMENT (Any real estate agent who is to receive compensation from the seller or the listingagent with regard to the transaction contemplated in this disclosure must initial below.)
37. The agent(s) whose initials appear below has (have) ensured the seller’s compliance under the Residential Resale Lead-Based Paint Hazard38. Reduction Act of 1992 by the seller’s use and completion of this disclosure form.39. (AGENT’S INITIALS REQUIRED)
LISTING AGENT COOPERATING AGENT
40. Certification of Accuracy: By signing below, each signatory acknowledges that he or she has reviewed the above information, and41. certifies that, to the best of his or her knowledge, the information provided by the signatory is true and accurate.
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715 (520)235-1370 520-721-5240
Listing Forms 2011Arthur Lambert
Arthur Lambert
The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the above
paid in full by Seller
^ BUYER'S SIGNATURE MO/DA/YR
monthly, or $ / ;monthly, or $ /
prorated and assumed by Buyer.
Any transfer fees charged by a homeowner’s association(s) shall be paid by Seller Buyer Other
Other Fees: A homeowner’s association may require fees, deposits or other payment at COE. These charges vary and may belabeled as community reserve, asset preservation, capital reserve, working capital, community enhancement or future improvementfees, payments, deposits or otherwise. Any of these fees or deposits or similar payment required by a homeowner’s
association upon the conveyance of the Premises shall be paid by Seller Buyer Other .
H.O.A. CONDOMINIUM /PLANNED COMMUNITY ADDENDUM Document updated:
February 2007
The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.Any change in the pre-printed language of this form must be made in a prominent manner.No representations are made as to the legal validity, adequacy and/or effects of any provision,including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseconsult your attorney, tax advisor or professional consultant.REAL SOLUTIONS. REALTOR® SUCCESS
referenced Premises.If the Premises are located within a homeowner’s association or a condominium/planned community:Dues and Fees: The current regular association dues are: $Additional homeowner’s association fees are: $Any current homeowner’s association assessment which is a lien as of Close of Escrow to be:
Any assessment that becomes a lien after the Close of Escrow is the Buyer’s responsibility.
Any inspection, certification or resale disclosure statement fee charged by the HOA for the cost of providing the resaleinformation required by law shall be paid by Seller.
If the homeowner’s association has less than 50 units, no later than ten (10) days after Contract acceptance, the Seller shallprovide in writing to Buyer the information described below as required by Arizona law.If the homeowner’s association has 50 or more units, Seller shall furnish notice of pending sale that contains the name andaddress of the Buyer to the homeowners’ association within five (5) days after Contract acceptance and pursuant to Section 3d ofthe Contract has instructed Escrow Company to provide such notice on Sellers behalf. The association is obligated by Arizona lawto provide the information described below to Buyer within ten (10) days after receipt of Seller’s notice.Buyer is allowed five (5) days after receipt of the information from the Seller or homeowner’s association to provide written noticeto Seller of any items disapproved.
30.31.32.33.34.35.36.37.
Information required by law to be provided:1. A copy of the bylaws and the rules of the association.
3. A dated statement containing:(a) The telephone number and address of a principal contact for the association, which may be an association manager, an association management
company, an officer of the association or any other person designated by the board of directors.(b) The amount of the common regular assessment and the unpaid common regular assessment, special assessment or other assessment, fee or charge
currently due and payable from the Seller.(c) A statement as to whether a portion of the unit is covered by insurance maintained by the association.(d) The total amount of money held by the association as reserves.(e) If the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to
the unit that violate the declaration. The association is not obligated to provide information regarding alterations or improvements that occurred more thansix years before the proposed sale. Seller remains obligated to disclose alterations or improvements to the Premises that violate the declaration. Theassociation may take action against the Buyer for violations apparent at the time of purchase that are not reflected in the association’s records.
38.39.40.41.42.43.
(f) If the statement is being furnished by the Seller, a statement as to whether the Seller has any knowledge of any alterations or improvements to the unit thatviolate the declaration.
(g) A statement of case names and case numbers for pending litigation with respect to the Premises or the association.
44.45.
47.48.
4. A copy of the current operating budget of the association.
2. A copy of the declaration of Covenants, Conditions and Restrictions (“CC&Rs”).
5. A copy of the most recent annual financial report of the association. If the report is more than ten pages, the association may provide a summary of the report inlieu of the entire report.49.
6. A copy of the most recent reserve study of the association, if any.50.7. Any other information required by law.51.8. A statement for Buyer acknowledgment and signature as required by Arizona Law.52.
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46.
Keller Williams
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,
Keller Williams 1849 N Kolb Rd Ste 101 Tucson, AZ 85715 (520)235-1370 520-721-5240
Listing Forms 2011Arthur Lambert
DOMESTIC WATER WELL/WATER USE ADDENDUMDocument updated:
February 2010
The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®.Any change in the pre-printed language of this form must be made in a prominent manner.No representations are made as to the legal validity, adequacy and/or effects of any provision,including tax consequences thereof. If you desire legal, tax or other professional advice, pleaseconsult your attorney, tax advisor or professional consultant.
SELLER'S PROPERTY DISCLOSURE STATEMENT ("SPDS")(TO BE COMPLETED BY SELLER IF PROPERTY IS SERVED BY A WATER WELL)
1. This is an Addendum to the SPDS dated:2. Seller:3. Premises Address:
YES NO4. Is the well currently registered in Seller's name? Explain:5. Well Registration number: 55-6. Solely owned or Seller owns a % interest in the well and the well is shared by householdsThe well is: 7. If a shared well, is a well agreement in effect?8. If yes, is the well agreement recorded?9. Well is located: On the Property or Off site
10. If off site, describe location:11. Is the Property within an Active Management Area (AMA)? If yes, AMA name is:12. Are you aware of any tests, past or present, that indicate the well water may contain excessive levels of coliform,13.14. Explain:15. Are you aware of the results of last documented well flow test for yield/recovery?16. If yes, Date: Gallons per minute:17. Are you aware of any occasion when the well failed to produce adequate water for domestic use?18. Explain:19. Are you aware of any existing problems with water pressure, well pump, pressure tank or other well equipment?20. Explain:
21. NOTICE: You are advised to investigate current water use laws that may affect the Property if you intend to use water from a22. well, springs, streams, lakes, ponds, reservoirs, canyons or ravines. You are encouraged to consult independent legal counsel23. regarding any water use/water rights issues.
24. GENERAL STREAM ADJUDICATIONS: General Stream Adjudications are court proceedings to determine the extent and priority of25. water rights in an entire river system. Arizona is undertaking a general stream adjudication of both the Gila River and the Little26. Colorado River systems. A river system means all water appropriable by law and all water subject to claims based upon federal law.27. ALL AFFECTED PROPERTY TRANSFERS SHOULD INCLUDE ASSIGNMENT OF STATEMENT OF CLAIMANT FORMS28. FROM SELLERS TO BUYERS.29. For details regarding water uses and the watersheds affected by these adjudications or to obtain necessary30. forms, contact the Arizona Department of Water Resources at 1-800-352-8488, 1-866-246-1414 or log on to the31. website www.azwater.gov.
YES NO32. To your knowledge has a Statement of Claimant been filed? 33. If yes, Statement of Claimant number is: 39- . (Attach a copy of Statement of Claimant if available)34. Are there water uses on the Property other than from a domestic well, such as irrigation, stockponds, springs, streams,35. lakes, ponds, reservoirs, canyons, and ravines? Explain:36.
37. Seller certifies that the information contained herein is true and complete to the best of Seller's knowledge as of the date signed.
38.^ SELLER'S SIGNATURE MO/DA/YR MO/DA/YR
39. By signing below, Buyer is only acknowledging receipt of a copy of this Addendum.
