Cover Sheet Lot / Land

Transcription

Cover Sheet Lot / Land
Document 1
Cover Sheet Lot / Land
Listing Address: ____________________________________
____________________________________
County:
____________________________________
Owner's Name(s):
Owner's Mailing Address:
____________________
Daytime Phone:
Cell Phone:
Email Address:
Please call Mr. Lister Realty, Inc. at 410-486-5478 with your MasterCard or Visa
information. Your property will be listed within 24 hours of receiving your signed
documents and payment.
Fax all signed documents to 410-486-0061 or email to: [email protected]
I have read, understood and signed all documents:
______________________________
Signature
_________________
Date
______________________________
Signature
_________________
Date
Mr. Lister Realty, Inc.
455 Main Street * Reisterstown, MD 21136
Phone: 410-486-5478 * Fax: 410-486-0061
Exclusive Lot-Land Listing Agreement
This Agreement made and entered into on ___________________________________________and between
_________________________________________________________ (Owner) and Mr. Lister Realty, Inc.® (Broker) for the
property
(address)_________________________________________________________________________located
in
_____________________________County, Maryland ("the Property"). Broker will list the Property in the Metropolitan
Regional Information System (MRIS), mrlisterrealty.com and other websites.
This Agreement shall be effective as of ___________________________ (Today's date) and shall continue to midnight on
__________________________ (one year from today) unless sooner terminated as herein provided or the Property is sold,
whichever shall occur first. Owner retains the right to cancel this Listing Agreement at anytime upon written notice by Email
to Broker at [email protected]. Broker retains the right to cancel this Agreement at anytime for a material breach of any
provision of this Agreement by Owner.
Within 24 hours of accepting a Contract of Sale, Owner shall provide Broker an executed Contract via email at
[email protected] or by faxing to 410-486-0061. If any of the following information regarding an accepted contract
shall change at any time while the Property is under contract, it will be the Owner's responsibility to update such information
by emailing Mr. Lister at [email protected]. This information includes: Contract date; Settlement date; Selling price;
Type of financing (i.e. FHA, Conventional, VA, Cash, or other); any contribution from Seller towards Buyer's closing costs;
amount to be financed by buyer; title company name and phone number; Broker/Sales Agent ID number. Non-compliance
may result in a fine of up to $300.
Undertaking of Broker
The list price of the property shall be:
__________________________________________________________________________
List Price of the Property in numerals (Example: Two hundred five hundred thousand dollars)
___________________________________________________________________________ Dollars (Example: $200,500)
(List Price of the Property in words)
Broker shall not be liable to the Owner for any losses incurred in the sale of the Property.
Owner authorizes and consents to Broker, real estate licenses affiliated with Broker and real estate licenses acting as the subagent of Broker to provide ministerial acts on behalf of Owner to third persons as permitted by the Maryland Real Estate
Brokers Act.
Owner is advised that prospective buyers or Cooperating Brokers may inquire of Broker or Broker's agents as to whether
existing written offers have been received for the purchase of the Property. The disclosure of the existence of written offers
could be either beneficial or detrimental to Owner. On the one hand, such disclosure could result in the interested buyer
making the highest and best offer as promptly as possible. On the other hand, such disclosure could result in the interested
buyer electing not to make an offer.
Initials ___________ Initials ___________
Page #1 Exclusive Lot-Land Listing Agreement
Page #2 Mr. Lister Realty, Inc.® Exclusive Lot-Land Listing Agreement
This Agreement constitutes an Exclusive Agency Agreement by and between Owner and Broker. As agent of the Owner, Broker shall
protect confidential information provided by Owner except as otherwise provided by law.
Broker, upon request of Owner, shall consult with the Owner to discuss terms and conditions of any contract offer(s), assist Owner in
counteroffers, and discuss terms and conditions contained in any written offer received by Owner from Cooperating Brokers. Broker, shall
not show the Property, advertise the Property (except as herein provided) or hold any deposit monies. Broker shall provide additional
services to Owner, upon request by Owner, in accordance with Addendum #2 as attached hereto and incorporated by reference herein.
Broker, hereby acknowledges the receipt from Owner of the non-refundable sum paid for their listing package represents payment in full for
services rendered by Broker in connection with this Agreement except for Owner’s obligation to pay additional compensation to Cooperating
Broker as provided in this Agreement.
Understanding of Owner Except as otherwise provided in this Agreement; all written offers through a real estate broker or agent
participating in the MRIS (“the Cooperating Broker”), whether acting as a buyer’s/tenant’s agent or agent of the Owner, shall be presented to
the Owner by the Cooperating Broker who procures the buyer. The cooperating broker will hold all deposit monies if an offer is accepted by
Owner.
A percentage or dollar amount, paid to the Cooperating Broker, is REQUIRED to list the Property through MRIS. Owner authorizes
Broker to cooperate with brokers and agents and authorizes Broker to offer compensation to other brokers and agents in the amount of:
_________________________________________________________________________________ (Dollar amount or percentage in
words)
___________________ (Dollar amount or percentage in numerals)
__________________________________________________________________________________ (Bonus price in words)
$_______________________ (Bonus price in numerals)
to a Cooperating Broker, (the Broker that brings you a Buyer) whether acting as the agent for the Owner or as the agent for the buyer, in
accordance with the terms of this Agreement.
This entire amount of the compensation offered through the MRIS by the Broker to Cooperating Broker shall be the sole obligation
of the Owner and shall be paid in full to Cooperating Broker by Owner on behalf of Broker at the time of settlement an shall not be
deducted from or reduced by any fees previously paid to Broker. If for any reason compensation is not paid or a dispute occurs
between Owner and Buyer or Cooperating Broker at settlement or post-settlement, the compensation due will be the sole
responsibility of the Owner. Listing Broker shall not be held liable for the payment of compensation to Cooperating Broker and
Owner agrees to indemnify and hold Listing Broker harmless for any such payment to Cooperating Broker.
Initials ___________ Initials ___________
Owner retains the right to sell the Property without a real estate agent through Owner’s own advertising and efforts. In accordance with
federal and Maryland law the Maryland Real Estate Commission requires the following to be included in all advertisements placed by
Owner: Broker’s name (Mr. Lister Realty, Inc.®) and telephone number of Broker, 410-486-5478. Owner further understands when
listing with a Broker, Owner is no longer a "For-Sale-By-Owner." If Owner fails to comply, any fine imposed by the Real Estate
Commission will be passed on to the Owner.
Owner acknowledges that Listing Broker and Listing Broker’s agent may not have viewed the Property and, therefore, Listing Broker shall
not be liable for any incorrect information or data as provided by Owner and entered into the MRIS by Listing Broker based upon
information as provided by Owners. Listing Broker shall not be held liable for any errors in such information.
Owner shall complete the Listing Report, Addendums #2 and #3, and Whom the Agent Represents, and send a copy to Mr. Lister Realty.
Initials ___________ Initials ___________
Page #2 Exclusive Lot-Land Listing Agreement
Page #3 Mr. Lister Realty, Inc.® Exclusive Lot-Land Listing Agreement
Owner shall indemnify and hold Listing Broker and Listing Broker’s agents, officers, directors and stockholders, harmless from any and all
liability and costs, including reasonable attorney’s fees, in connection with the marketing and sale of the Property under the terms and
conditions of this Agreement including, but not limited to, any misrepresentation made by Owners as to the condition of the Property.
Owner shall offer Property for sale without regard to race, color, sex, religion, national origin, physical or mental handicap, familial
status, marital status or other protected classes under applicable Federal, Maryland and local fair housing laws.
Customer Services and Real Estate Packages once entered into are non-refundable. Customer can withdraw their listing at any time by
emailing [email protected] for a charge.
OWNER IS REQUIRED AND AGREES TO THE FOLLOWING: Broker has relied exclusively upon Owner with respect to description
of Property as more particularly set forth in Addendum #1 to this Agreement, which is incorporated by reference herein as through fully set
forth herein. Owner agrees to indemnify and hold Listing Broker harmless pursuant to the terms and conditions of this Agreement for any
false or incomplete information as provided by Owner on Addendum #1 as attached hereto and as completed by Owner.
The Metropolitan Regional Information System (MLS) / Real Estate Commission, impose fines for inaccurate data or Non–
Compliance of Rules and Regulations. Owner hereby agrees as follows:
1.
To notify “all” prospective Buyers and cooperating agents to present Contracts of Sale directly to Owner.
2.
That within 24 hours of accepting a Contract of Sale, Owner shall email Contract to Mr. Lister Realty at [email protected] or fax
to 410-486-0061. If any of the following information regarding an accepted contract shall change at any time while the Property is under
contract, it will be the Owner's responsibility to update such information by emailing Mr. Lister at [email protected]. The information
includes: Property Address, Contract Date, Settlement Date, Selling Price, Type of Financing, Amount of Financing, Seller Contribution (if
any), and Selling Agent's Name and Company.
3.
A copy of the HUD-1 or Settlement Sheet must be faxed to the broker at 410-486-0061 within 24 hours of settlement.
4.
Within 5 days of settlement, if there is a Mr. Lister For-Sale sign on the property, Owner shall email Mr. Lister Realty at
[email protected] to request sign removal.
5.
Any changes requested from Owner and made by Broker to the MLS will incur a processing fee. Changes include price, commission,
remarks, removal of listing, reactivation, pictures, etc. Owner agrees to submit changes via Broker’s email at [email protected]. For
legality concerns changes may not be taken by phone or faxed.
6.
Owner agrees that all inquiries regarding the Property will be returned in a timely manner. Owner’s contact phone numbers must be in
working order at all times. Should phone numbers not be in working order or calls are not returned in a timely manner, Broker reserves the
right to remove the listing to stay in compliance with MLS Rules and Regulations.
7.
If for any reason compensation is not paid or a dispute occurs, between Owner and Buyer or Cooperating Broker at settlement
or post-settlement, the compensation due will be the sole responsibility of the Owner, not Mr. Lister Realty. Owner will be charged
by Mr. Lister Realty for any attorney fees and/or compensation due to Cooperating Broker. Owner is responsible for verifying that
their Buyer is or is not represented by a Cooperating Broker. If Mr. Lister is fined by the Real Estate Commission for any dispute
(including non-payment of commission, property commission, misrepresentation, discrimination, etc.) of Owner's property, all fines,
fees, and attorney costs will be the Owner's responsibility.
8. When listing a property for sale, all parties on the deed must sign all required documents. These are legal documents and you could be
held liable for fraud if you provide incorrect information. Mr. Lister Realty will be held harmless for any property listed fraudulently.
9. Broker agrees to post photographs on the MLS submitted by Owner and emailed to [email protected]. In subject line of the
email, please provide the Property Address and ensure that the photographs are in JPG format. Broker does not have the ability to control the
time sequence photographs are uploaded to public websites. Photographs and listing information remain in MLS when a Property is placed
under contract but are removed from public websites.
10. Broker may control data entered into the MLS, however Broker does not have control over MLS/MRIS data being uploaded into public
websites, nor can Broker make any changes to public websites. Changes can be made only to MLS and are typically uploaded into public
sites within 24-48 hours by each individual website company. Please accept the public website service as courtesy advertising.
Initials ___________ Initials ___________
Page #3 Exclusive Lot-Land Listing Agreement
Page #4 Mr. Lister Realty, Inc. ® Exclusive Lot-Land Listing Agreement
11. Owner agrees that Broker’s wood post and sign are the property of the Broker and will be removed from property after customer
notification. Owner may request wood post and sign to be removed earlier by emailing [email protected]. If Seller fails to notify Mr.
Lister Realty to remove sign and we are unable to retrieve sign, Owner will be charged $150 replacement fee.
12. Owner agrees to contact Broker should Owner have any questions with regards to the sale of Property. Owner further authorizes Broker
to charge credit card in the event of any non-compliance related issue or if for any reason compensation is not paid or a dispute occurs
between Owner and Buyer or Cooperating Broker at settlement or post-settlement.
13. Broker reserves the right to use testimonials submitted by Owner for advertising purposes.
Owner acknowledges that the Listing Report, Addendum #2, Addendum #3, and Whom the Agent Represents are attached hereto and by
reference are hereby incorporated in and made an express part of this Agreement.
Owner _______________________________________________________ Date_____________________
Owner _______________________________________________________ Date_____________________
Broker
_______________________________________________________ Date_____________________
Mr. Lister Realty, Inc.® *6634 Dogwood Road * Baltimore, MD 21207 * 410-486-5478 *
Phone 410-486-5478 * Fax 410-486-0061 Copyright Mr. Lister Realty, Inc. 1998 All rights reserved. www.mrlisterrealty.com
Page #4 Exclusive Lot-Land Listing Agreement
Document 3
LOT / LAND Profile Sheet
Please complete this form as thoroughly as possible to avoid delays in listing your property.
Property Information
Lot #
Street Name
Unit #
Subdivision
Participants - Owner
#1 First Name
#1 Office Phone
#2 Home Phone
Property - Address
Street Number
Street Type
State
Property - Community
Advertised Subdivision
Middle School
Access-above grade
Access-below grade
Access-on grade
Alley
Approved
As is Condition
Clause Required
Bld-Contract Req
Bld-Hold Earn
Bld-Write Contract
Call LA-cont info
Agt/Fin Int
Agt/Rel to Own
Build to Suit
Con Pend Rls
Conserv Area
Contract Purchaser
CPRA Fee
Division Potential
0-30 Days CD
120-180 Days
180+ Days
1 mi-Comm Rail
1 mi-Metro Bus
Answr Serv
Basketball Courts
Beach
Beauty Salon
Bike Trail
Boat Slip
Bowling Alley
Comm Lndry Room
Common Grounds
City
County
State
Tax ID #
#1 Last Name
#2 First Name
#2 Office Phone
#1 Home Phone
#2 Last Name
Street # Suffix
Street Direction
Zip Code (5)
Street Name
Postal City
Zip 4
Elementary School
High School
Roads
Black Top
Gravel
Railroad-Potential
City/County
No Road
Railroad-Siding
Concrete
Private Road
Railroad-Spur
Dirt
Process for Approval
Rd Maint Agree
Easemnt/Rt Way
Railroad-Mainline
State
Contract Info
Comp on all Homes
Finders Fee
Other
Comp-Base Price
Home Warranty
Registration Req
Comp-Lst Home Only
Local Assoc Contr
Relo/Bnk Addndm
Comp-Settled Price
No Ext Warranty
Spec Addndm Req
Comp-Vary w/ Proj
No Hme Sale Cont
Spec Contr Req
Cont Contract OK
None
Spec Home Avail
Disclosures
MD Dept Nat Res
Owner RE Licensee
Expt-disclos/disclaim
Flood-Ins.-Req
Mineral Lease
Pipeline
Geo Haz Zone
Mineral Resource Zone
Proffers
High Intensity Line
Mineral Rights
Prop Disclaimer
Historic Property
None
Prop Disclosure
Land Prsvtn Esmnt
Off-Site Req
Rm Add w/o Prmt
Land Trust
Other
Sell Entirely
Lmt Service Brokerage
Other Environ Hazards
Subj to Agr Cons Esmnt
Possession
61-90 Days CD
Delay Settlement
Other
Pre-Settlement
90-120 Days CD
Immediate
Coin w/Sell Sett
Negotiable
Seller Rent Back
Transportation
1 mi-subway
Other
Rsh Hr Comm Svc
Comm Chrtr Svc
Public Bus Svc
HOA/Condo/Coop Community Amenities
Concierge
Jog/Walk Path
Pool Mem Avail
Conv Store
Marina Club
Pool-Indoor
Elevator
Mooring Area
Pool-Outdoor
Exercise Room
Non-Lake Rec
Putting Green
Extra Storage
Non-Subdivision
Racquet Ball
Fencing
None
Rec Center
Gated Community
Other
Retirement Comm.
Golf Club
Party Room
Sauna
Horse Trails
Pier/Dock
Security
Mr. Lister Realty. 455 Main Street, Reisterstown, MD 21136
Tar and Chip
Unimproved Road
US Hwy/Interstate
Tax Free Exch Req
Subj to Condo/HOA Docs
Subj to VA POA
Surface Lease
Udrgrd Stor Tnk
Under Lease
Settlement
Subj-Exist Lease
Subj-Home Choice
Spa
Tennis Court(s)
Tennis-Indoor
Tot Lot(s)/Plygrd
Water/Lake Priv
page 1 of 2
LOT / LAND Profile Sheet
Document 3
Perc Test
Approved Perc
Y N Perc Report
Failed Perc
Agriculture
Commercial
Double-Wide
Hunting
Industrial
Mixed
Agriculture
Auto Dealer/Service
Bar
Beer/Wine/Liquor
Car Wash
Commercial
Convenience Store
Road Frontage
Setbacks - Rear
Other
Double-Wide
Drive-Thru
Driving Range
Dry Cleaner
Financial
Funeral Home
Golf Course
Clay
Limestone/Shale
LLC
Loam
MG
Nul
Rocky
Sandy
Bottom Land
Downhill
Drainage Comp
High Bank
Hilly
Level
Low Bank
Marshy
City
East
Garden/Lawn
Golf Course
Limited
Mountain View
North
Northeast
Bottled Gas/Pro
Central
Coal
Electric
Geo-thermal
Kerosene
Applied for Permit
Capping Fill
Cess Pool
Gravity Sept Fld
Holding Tank
Lateral/Tap Off Main
Lateral/Tap On-Site
Low Pressure Pipe (LPP)
Mound System
None
Conditioner
None
Filter
Other
Holding Tank
Public
Lateral Not Installed/Must Tap Off Main
Listing - Remarks
General
Property - Location
Election District
Incorporated City/Town
Section
Phase
Liber Number
Directions
Potential Use
Office
Other
Recreation
Present Use
Hunting
Industrial
Marina
Mixed
Mobile/Trailer Park
Multi Residential
Office
Setbacks - Front
Setbacks - Side
Soil Types
Soil Study Avail
UBC
UBW
UCS
Topography
Medium Bank
Moderate Slope
Ravine
Rolling
View/Exposure
Northwest
Other
Pastoral View
River
Heating Fuel
Nat Gas Avail
Natural Gas
None
Sewer/Septic
Not Applied for Permit
Other
Pressure Dose
Public H/U Avail
Public Septic
Water
Public H/U Avail
Shared Spring
Spring
Tap Free
Area
ADC Map Cook Coordinate
Lot
Parcel Number
Folio Number
Mr. Lister Realty. 455 Main Street, Reisterstown, MD 21136
Unknown
Verify Perc
Residential
Retail/Wholesale
Sand/Gravel
Warehouse
Other
Recreation
Residential
Retail/Wholesale
Sand/Gravel/Dirt
Senior/Child Care
Spa
Storage Yard
Telecom Site
Warehouse
UD
UGR
UMG
Unknown
UNR
USC
Rough Grade
Sloped
Topo Plat
Uphill
Scenic Vista
South
Southeast
Southwest
Street
Trees
Water View
West
Oil
Other
Solar
Wood
Public Sewer
Sept<# of BR
Sept=# of BR
Sept># of BR
Septic
Septic Pump
Shared Septic
Site Evaluation on File
W/I 50'
W/I 50'
Wel Permit Not Applied
Well
Well-Shared
Well Permit on File
Well Permit Applied Fo
County
TBM Map Book Coordinate
Block/Square
Tax Map Number
Location Type
page 2 of 2
Document 4
Addendum #3 MLS Rules and Regulations
The purpose of this document is to notify clients that Mr. Lister Realty, Inc. is held to MD Real Estate Commission
standards. Therefore, all clients of Mr. Lister Realty, Inc. must adhere to the following MLS Rules and
Regulations.
It is a requirement of the MLS to be provided with accurate information pertaining to every sales transaction.
Accordingly, Owner shall be responsible for providing Broker with the information described below. Should this
information not be received, Owner agrees to pay and indemnify and hold Broker harmless, for any fines or
penalties imposed upon Broker.
1.
Owner agrees to inform Broker of the acceptance of a Contract of Sale via mrlisterrealty.com
within 24 hours of acceptance. Owner is required to update any information that may
change. Owner further agrees to mail a copy of the complete Contract to Mr. Lister Realty,
Inc.
2.
Owner agrees to fax the two page copy of the Settlement sheet or HUD-1 to Broker in order
to close account.
3.
Owner agrees to notify all potential Buyers and cooperating agents to present Contracts of
Sale directly to the Owner not Mr. Lister Realty, Inc.
4.
Owner agrees to notify all potential Buyers and cooperating agents that the MD Residential
Disclosure/Disclaimer Statement and Federal Lead Paint forms must be obtained through
Owner.
5.
Owner agrees once property is listed in the MLS, the Property must be available for
showings when cooperating broker requests to show property, or a mutually agreed time is
set. Owner further agrees to return calls promptly.
6.
Owner agrees that Mr. Lister Realty, Inc. reserves the right to remove property from the
MLS and websites should cooperating agents not be able to reach Owner by supplied
showing contact phone numbers.
7.
Owner understands that the wood post and sign are the property of Mr. Lister Realty, Inc.
and may be removed upon Owner receiving a contract on home.
8. Owner agrees that he/she is represented by a Broker (Mr. Lister Realty, Inc.) and may
contact Broker for questions regarding the sale of the property. Owner further agrees he/she
may contact Broker with questions that may arise in the proper handling of multiple
contracts submitted by agents.
9. Mr. Lister Realty, Inc, reserves the right to retain a collection agency for unpaid fines
resulting in non-compliance MLS issues, compensation due Broker or cooperating agent.
___________________________________
OWNER’S SIGNATURE
______________
DATE
___________________________________
OWNER’S SIGNATURE
______________
DATE
Copyright© Mr. Lister Realty, Inc.® * 1705 Reisterstown Road *
Baltimore, Maryland 21208 * www.mrlisterrealty.com
Addendum #2 Optional Services
Your signature confirms that Mr. Lister Realty, Inc. ® has made you aware of the additional
services we have to offer clients.
Rental Lease Preparation
$125.00
Virtual 360 Tour Package
$225.00
REALTOR.com Showcase Listing with Animated Headlines and Customized Description!
$30.00
Brochure Box
$25.00
Lock Box
$45.00
For Sale Sign and Wood Post
$75.00
Open House Announcement
$25.00
Directional Signs
$30.00
Open House Directional Signs
$25.00
Centralized Showing Service
$75.00
Power of Attorney
$350.00
Contract of Sale Preparation
$300.00
Private Contract Consultation with Broker
$125.00
Calculation of Closing Costs
$20.00
HUD-1 Settlement Sheet Review
$45.00
Additional Photo of Your Property
$10.00
Add / Replace 5 Photographs
$35.00
I/we the owner, understand Addendum #2 represents additional services, which May or May
Not be utilized except as we, owner, shall elect. In such case, we agree to pay broker the
additional fees as quoted above.
Owner's Signature
Date
Owner's Signature
Date
Document 6
STATE OF MARYLAND
REAL ESTATE COMMISSION
Understanding Whom Real Estate Agents Represent
At the Time of the First Scheduled Face to Face Contact with You, the Real Estate Licensee Who is Assisting You is
Required by Law to Provide this Notice to You. T his Notice is Not a Contract or Agreement and Creates No
Obligation on Your Part.
Before you decide to sell or buy or rent a home you need to consider the following information
In this form “seller” includes “landlord”; “buyer” includes “tenant”; and “pur
chase” or “sale” includes “lease”
Agents Who Represent the Seller
Seller's Agent: A seller's agent works for the real estate company that lists and marke ts the property for the sellers
and exclusively represents the sellers. That means that the Seller’s agent may assist the buyer in purchasing the
property, but his or her duty of loyalty is only to the sellers.
Cooperating Agent: A cooperating agent works for a real estate company different from the company for which
the seller's agent works. The cooperating agent can assist a buyer in purchasing a property, but his or her duty of
loyalty is only to the sellers.
If you are viewing a property listed by the company with whom the agent accompanying you is affiliated,
and you have not signed a “Consent for Dua l Agency” form, that agent is representing the seller
Agents Who Represent the Buyer
Presumed Buyer’s Agent (no written agreement): When a person goes to a real estate agent for assistance in
finding a home to purchase, the agent is presumed to be representing the buyer and can show the buyer properties
that are NOT listed by the agent's real estate company. A presumed buyer’s agent may
not make or prepare an offer
or negotiate a sale for the buyer. The buyer does not have an obligation to pay anything to the presumed agent.
If for any reason the buyer does not want the agent to represent him or her as a presumed agent, either initially or at
any time, the buyer can decline or terminate a presumed agency relationship simply by saying so.
Buyer's Agent (by written agreement): A buyer may enter into a written contract with a real estate agent which
provides that the agent will represent the buyer in locating a property to buy. The agent is then known as the buyer’s
agent. That agent assists the buyer in evaluating properties and preparing offers, and negotiates in the best interests
of the buyer. The agent's fee is paid according to the written agreement between the agent and the buyer. If you as a
buyer wish to have an agent represent you, you must enter into a written buyer agency agreement before a contract
offer can be prepared.
Dual Agents
The possibility of dual agency arises when the buyer's agent and the seller’s agent both work for the same real
estate company, and the buyer is interested in property listed by that company. The real estate broker or the broker’s
designee, is called the "dual agent." Dual agents do not act exclusively in the interests of either the seller or buyer,
and therefore cannot give undivided loyalty to either party. There may be a conflict of interest because the interests
of the seller and buyer may be different or adverse.
If both seller and buyer agree to dual agency by signing a Consent For Dual Agency form, then the "dual agent"
(the broker or the broker’s designee)will assign one agent to represent the seller (the seller's "intra-company
agent") and another agent to represent the buyer (the buyer’s "intra
-company agent"). Intra-company agents may
provide the same services to their clients as exclusive seller's or buyer's ag ents, including advising their clients as
to price and negotiation strategy, provided the clients have both consented to be represented by dual agency.
Document 6
If either party does not agree to dual agency, the real estate company must withdraw the agency agreement for that
particular property with either the buyer or seller, or both. If the seller's agreement is terminated, the seller must then
either represent him or herself or arrange to be represented by an agent from another real estate company. If the buyer's
agreement is terminated, the buyer may choose to enter into a written buyer agency agreement with an agent from a
different company. Alternatively, the buyer may choose not to be represented by an agent of his or her own but simply
to receive assistance from the seller's agent, from another agent in that company, or from a cooperating agent from
another company.
No matter what type of agent you choose to work with, you have the following rights and responsibilities in selling or
buying property:
>Real estate agents are obligated by law to treat all parties to a real estate transaction honestly and fairly. They must
exercise reasonable care and diligence and maintain the confidentiality of clients. They must not discriminate in the
offering of properties; they must promptly present each written offer or counteroffer to the other party; and they
must answer questions truthfully.
>Real estate agents must disclose all material facts that they know or should know relating to a property. An agent's
duty to maintain confidentiality does not apply to the disclosure of material facts about a property.
>All agreements with real estate brokers and agents should be in writing and should explain the duties and
obligations of both the broker and the agent. The agreement should explain how the broker and agent will be paid
and any fee-sharing agreements with other brokers and agents.
>You have the responsibility to protect your own interests. You should carefully read all agreements to make sure
they accurately reflect your understanding. A real estate agent is qualified to advise you on real estate matters only.
If you need legal or tax advice, it is your responsibility to consult a licensed attorney or accountant.
Any complaints about a real estate agent may be filed with the Real Estate Commission at 500 North Calvert Street,
Baltimore, MD 21202. (410) 230-6206.
We, the □ Sellers/Landlord
□ Buyers/Tenants acknowledge receipt of a copy of this disclosure and
that ____Mr. Lister Realty________________(firm name)
and _____Maynard Gottlieb___________________(salesperson) are working as:
(You may check more than one box but not more than two)
X seller/landlord's agent
□ co-operating agent (representing seller/landlord)
□ buyer's /tenant’s agent
□ intra-company agent/dual agent ( CHECK BOX ONLY IF CONSENT FOR DUAL AGENCY FORM HAS BEEN SIGNED )
_________________________________________
_____________________________________
Signature
Signature
(Date)
(Date)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I certify that on this date I made the required agency disclosure to the individuals identified below and they were unable or unwilling to
acknowledge receipt of a copy of this disclosure statement
__________________________________________
Name of Individual to whom disclosure mad e
________________________________________
_________________________________________________
Name of Individual to whom disclosure made
______________________
Agent’s Signature
(Date)
p.2 of 2
Rev 1/2011