Consolidated Forms

Transcription

Consolidated Forms

CONSUMER INFORMATION STATEMENT ON
NEW JERSEY REAL ESTATE RELATIONSHIPS
In New Jersey, real estate licensees are required to
disclose how they intend to work with buyers and sellers
in a real estate transaction. (In rental transactions, the
terms “buyers” and “sellers” should be read as “tenants”
and “landlords”, respectively.)
1. AS A SELLER’S AGENT OR SUBAGENT, I, AS A
LICENSEE, REPRESENT THE SELLER AND ALL
MATERIAL INFORMATION SUPPLIED TO ME BY
THE BUYER WILL BE TOLD TO THE SELLER.
2. AS A BUYER’S AGENT, I, AS LICENSEE,
REPRESENT THE BUYER AND ALL MATERIAL
INFORMATION SUPPLIED TO ME BY THE
SELLER WILL BE TOLD TO THE BUYER.
3. AS A DISCLOSED DUAL AGENT, I, AS A
LICENSEE, REPRESENT BOTH PARTIES,
HOWEVER, I MAY NOT, WITHOUT EXPRESS
PERMISSION, DISCLOSE THAT THE SELLER
WILL ACCEPT A PRICE LESS THAN THE LISTING
PRICE OR THAT THE BUYER WILL PAY A PRICE
GREATER THAN THE OFFERED PRICE.
4. AS A TRANSACTION BROKER, I, AS A
LICENSEE, DO NOT REPRESENT EITHER THE
BUYER OR THE SELLER. ALL INFORMATION I
ACQUIRE FROM ONE PARTY MAY BE TOLD TO
THE OTHER PARTY.
Before you disclose confidential information to a real
estate licensee regarding a real estate transaction, you
should understand what type of business relationship you
have with that licensee. There are four business
relationships: (1) seller’s agent; (2) buyer’s agent; (3)
disclosed dual agent; and (4) transaction broker. Each of
these relationships imposes certain legal duties and
responsibilities on the licensee as well as on the seller or
buyer represented. These four relationships are defined
in greater detail below. Please read carefully before
making your choice.
SELLERS’ AGENT
A seller’s agent WORKS ONLY FOR THE SELLER
and has legal obligations, called fiduciary duties, to the
seller. These include reasonable care, undivided loyalty,
confidentiality and full disclosure. Seller’s agents often
work with buyers, but do not represent the buyers.
However, in working with buyers a seller’s agent must
act honestly. In dealing with both parties, a seller’s agent
may not make any misrepresentations to either party on
matters material to the transaction, such as the buyer’s
financial ability to pay, and must disclose
Serial#: 029139-900144-3726610
Prepared by: Richard Weidel | Richard A Weidel Corp REALTOR | [email protected] | 6099212700
defects of a material nature affecting the physical
condition of the property, which a reasonable inspection
by the licensee would disclose.
Seller’s agents include all persons licensed with the
brokerage firm, which has been authorized through a
listing agreement to work as the seller’s agent. In
addition, other brokerage firms may accept an offer to
work with the listing broker’s firm as the seller’s agents.
In such cases, those firms and all persons licensed with
such firms are called “sub-agents.” Sellers who do not
desire to have their property marketed through subagents should so inform the seller’s agent.
BUYER’S AGENT
A buyer’s agent WORKS ONLY FOR THE BUYER. A
buyer’s agent has fiduciary duties to the buyer, which
include reasonable care, undivided loyalty,
confidentiality and full disclosure. However, in dealing
with sellers, a buyer’s agent must act honestly. In
dealing with both parties, a buyer’s agent may not make
any misrepresentations on matters material to the
transaction, such as the buyer’s financial ability to pay,
and must disclose defects of a material nature affecting
the physical condition of the property which a
reasonable inspection by the licensee would disclose.
A buyer wishing to be represented by a buyer’s agent is
advised to enter into a separate written buyer agency
contract with the brokerage firm, which is to work as
their agent.
DISCLOSED DUAL AGENT
A disclosed dual agent WORKS FOR BOTH THE
BUYER AND SELLER. To work as a dual agent, a firm
must first obtain the informed written consent of the
buyer and the seller. Therefore, before acting as a
disclosed dual agent, brokerage firms must make written
disclosure to both parties. Disclosed dual agency is most
likely to occur when a licensee with a real estate firm
working as a buyer’s agent shows the buyer properties
owned by sellers for whom that firm is also working as a
seller’s agent or sub-agent.
A real estate licensee working as a disclosed dual agent
must carefully explain to each party, that, in addition to
working as their agent, their firm will also work as the
agent for the other party. They must also explain what
effect their working as a disclosed dual agent will have
on the fiduciary duties their firm owes to the buyer and
to the seller. When working as a disclosed dual agent, a
brokerage firm must have the express permission of a
party prior to disclosing confidential information to the
other party. Such information includes the highest price
a buyer can afford to pay and the lowest price a seller
will accept and the parties’ motivation to buy or sell.
Remember, a brokerage firm acting as a disclosed dual
agent will not be able to put one party’s interests ahead
of those of the other party and cannot advise or counsel
either party on how to gain an advantage at the expense
of the other party on the basis of confidential
information obtained from or about the other party.
If you decide to enter into an agency relationship with a
firm, which is to work as a disclosed dual agent, you are
advised to sign a written agreement with that firm.
TRANSACTION BROKER
The New Jersey Real Estate Licensing Law does not
require licensees to work in the capacity of an “agent”
when providing brokerage services. A transaction broker
works with a buyer or a seller or both in the sales
transaction without representing anyone. A
TRANSACTION BROKER DOES NOT PROMOTE
THE INTERESTS OF ONE PARTY OVER THOSE OF
THE OTHER PARTY TO THE TRANSACTION.
Licensees with such a firm would be required to treat all
parties honestly and to act in a competent manner, but
they would not be required to keep confidential any
information. A transaction broker can locate qualified
buyers for a seller or suitable properties for a buyer.
They can then work with both parties in an effort to
arrive at an agreement on the sale or rental of real estate
and perform tasks to facilitate the closing of a
transaction.
A transaction broker primarily serves as a manager of the
transaction, communicating information between the
parties to assist them in arriving at a mutually acceptable
agreement and in closing the transaction, but cannot
advise or counsel either party on how to gain an
advantage at the expense of the other party. Owners
considering working with transaction brokers are advised
to sign a written agreement with that firm which clearly
states what services that firm will perform and how it
will be paid. In addition, any transaction brokerage
agreement with a seller or landlord should specifically
state whether a notice on the property to be rented or
sold will or will not be circulated in any or all Multiple
Listing System(s) of which that firm is a member.
YOU MAY OBTAIN LEGAL ADVICE ABOUT
THESE BUSINESS RELATIONSHIPS FROM YOUR
OWN LAWYER. THIS STATEMENT IS NOT A
CONTRACT AND IS PROVIDED FOR
INFORMATIONAL PURPOSES ONLY.
Serial#: 029139-900144-3726610
ACKNOWLEDGEMENT OF RECEIPT OF
CONSUMER INFORMATION STATEMENT (CIS)
FOR SELLERS AND LANDLORDS
“By signing this Consumer Information Statement, I
acknowledge that I received this Statement
from__________________________________(name
of brokerage Firm) prior to discussing my motivation
to sell or lease or my desired selling or leasing price
with one of its representatives.”
Signed:______________________________________
FOR BUYERS AND TENANTS
“By signing this Consumer Information Statement, I
acknowledge that I received this Statement from
__________________________________(name of
brokerage firm) prior to discussing my motivation or
financial ability to buy or lease with one of its
representatives.”
Signed:_____________________________________
# ###
DECLARATION OF BUSINESS RELATIONSHIP
I,______________________________________, (name
of licensee) as an authorized representative of
__________________________________, (name of
brokerage firm) intend, as of this time, to work with you
as a (indicate one of the following):
___ Seller’s Agent Only
___ Buyer’s Agent Only
___ Seller’s Agent and Disclosed Dual Agent if the
opportunity arises
___ Buyer’s Agent and Disclosed Dual Agent if the
opportunity arises
___ Transaction Broker Only
___ Seller’s Agent on properties on which this firm is
acting as the seller’s agent and transaction broker on
other properties
DATE:______________________________________
2012 CIS (A)
NEW JERSEY RESIDENTIAL LISTING AGREEMENT
SALE/LEASE
MLS
Exclusive Listing Agreement dated:
SELLER and Richard A. Weidel Corporation, BROKER.
, between:
In consideration of BROKER listing and attempting to obtain a purchaser or tenant for SELLER’S property at the following address or known as:
The SELLER appoints BROKER exclusive agent and gives BROKER the sole and exclusive right to sell the property for $
, or
for any other price and any terms to which the SELLER may consent; to lease or rent at an annual rate of $
, from the final
signing of this agreement until
and authorizes the BROKER to place BROKER’S "For Sale", "For Lease", and "Sold" signs
on the property, removing all others, and to take any other reasonable action to sell or lease the property. SELLER represents that Seller is sole
owner of property and has legal right to sell, lease, or exchange property and has no binding listing agreement with any other Broker at the start of
the period of this listing.
1. SUBMISSION TO MLS. BROKER will immediately submit this listing to the
Multiple Listing Service(s) to be published and distributed to the members of the MLS who may then act as SUBAGENTS of the BROKER, as
BUYER'S AGENTS, or TRANSACTION BROKERS who cooperate in selling the property. SELLER authorizes this listing and property address to
be posted on the Internet which may include the website of the broker, a multiple listing service to which the broker belongs, or another party to
which the broker or such a multiple listing service submits information on listings.
2. VIRTUAL OFFICE WEB SITES. There are many ways of marketing properties electronically. Some brokers may use a method called a virtual
office web site (also known as a VOW), which is governed by specific rules and policies. Sellers have the right to control some elements of how
their property is displayed on a virtual office web site. Seller (s) elects to have the following features disabled or discontinued for Seller’s listing
on a virtual office web site (check all that apply):
Comments or reviews about Seller’s listings, or a hyperlink to such comments or reviews, in immediate conjunction with Seller’s listings.
Automated estimates of the market value of Seller’s listings, or a hyperlink to such estimates, in immediate conjunction with the Seller’s listing.
3. COMMISSION ON SALE OR LEASE. The SELLER agrees to assist and cooperate in the sale of the property, and the SELLER will pay the
LISTING BROKER (L.B.) and the COOPERATING BROKER (C.B.) a commission of L.B.
(vacant land, farms,
C.B.
business, commercial, and industrial properties commission shall be L.B.
) for services rendered in the event the
C.B.
property or any portion of it is sold or exchanged by the SELLER, or any other person, during the term of this contract.
If the premises are rented, the SELLER agrees to pay the listing BROKER a commission of
and a commission
of
on each renewal of the lease. If during such tenancy, the tenant at any time purchases the real estate,
a commission of L.B.
shall be paid to the listing BROKER by the SELLER. The commission will be paid to the
C.B.
BROKER if the property is sold or exchanged, through or by any party or source, within 6 months after the expiration of this agreement to anyone
with whom the BROKER has negotiated for the sale or exchange of the property, or to whom the BROKER has shown the property, during the term
of this contract. AS SELLER YOU HAVE THE RIGHT TO INDIVIDUALLY REACH AN AGREEMENT ON ANY FEE, COMMISSION
OR OTHER CONSIDERATION WITH ANY BROKER. NO FEE, COMMISSION OR OTHER CONSIDERATION HAS BEEN FIXED
BY ANY GOVERNMENTAL AUTHORITY OR BY ANY TRADE ASSOCIATION OR MULTIPLE LISTING SERVICE. NOTHING
HEREIN IS INTENDED TO PROHIBIT AN INDIVIDUAL BROKER FROM ESTABLISHING A POLICY REGARDING THE
AMOUNT OF FEE, COMMISSION, OR OTHER VALUABLE CONSIDERATION TO BE CHARGED IN TRANSACTIONS BY THE
BROKER.
4. COMMISSION SPLITS. LISTING BROKERS USUALLY COOPERATE WITH OTHER BROKERAGE FIRMS BY SHARING
INFORMATION ABOUT THEIR LISTINGS AND OFFERING TO PAY PART OF THEIR COMMISSION TO THE FIRM THAT
PRODUCES A BUYER. THIS IS GENERALLY REFERRED TO AS THE “COMMISSION SPLIT.” SOME LISTING BROKERS
OFFER TO PAY COMMISSION SPLITS OF A PORTION OF THE GROSS COMMISSION, USUALLY EXPRESSED AS A
PERCENTAGE OF THE SELLING PRICE, LESS A SIGNIFICANT DOLLAR AMOUNT. OTHER LISTING BROKERS OFFER A
PORTION OF THE GROSS COMMISSION LESS ONLY A MINIMAL LISTING FEE OR LESS ZERO.
THE AMOUNT OF COMMISSION SPLIT YOUR BROKER OFFERS CAN AFFECT THE EXTENT TO WHICH YOUR PROPERTY IS
EXPOSED TO PROSPECTIVE BUYERS WORKING WITH LICENSEES FROM OTHER BROKERAGE FIRMS.
ON THIS LISTING, THE BROKER IS OFFERING A COMMISSION SPLIT OF
TO POTENTIAL COOPERATING BROKERS.
MINUS
IF YOU FEEL THAT THIS MAY RESULT IN YOUR PROPERTY RECEIVING LESS THAN THE MAXIMUM EXPOSURE TO
BUYERS, YOU SHOULD DISCUSS THOSE CONCERNS WITH THE LISTING SALESPERSON OR HIS/HER SUPERVISING
BROKER.
BY SIGNING THIS LISTING AGREEMENT THIS OWNER(S) ACKNOWLEDGES HAVING READ THIS STATEMENT ON
COMMISSION SPLITS.
Listagree0511
Richard A. Weidel Corporation, REALTORS®
Seller’s Initials: ____________
page 1 of 3
5. OTHER OBLIGATIONS OF SELLER. SELLER agrees to refer to BROKER every person who contacts SELLER directly during the term of this
Agreement concerning this listing or the sale or lease of this property and to direct that all negotiations for a sale or lease shall be made through the
BROKER named in the Agreement. SELLER shall cooperate with BROKER in affording any prospective Buyer the opportunity of a full inspection of
this property. SELLER states that they are the only owners of this property, that they have the legal right to list and sell it, and that they can and will sign
those documents required to transfer good title at final settlement. SELLER states that the information given and listed on this Listing Agreement and the
Property Profile is complete and correct and will reimburse BROKER for any expense and/or loss resulting from relying on incomplete or incorrect
information. SELLER states that the Memorandum of the Attorney General regarding discrimination printed at the end of this Agreement, has been read
and received along with a copy of this Agreement. There are no agreements or conditions other than those stated in the Listing Agreement.
6. EXCLUSIONS/INCLUSIONS.
(A) The following items are specifically excluded:
(B) The following items are specifically included:
7. AGENCY ARRANGEMENTS. In order to market SELLER's property to every prospective buyer, BROKER recommends that the SELLER
offers and BROKER agrees to pay the following cooperating brokerage fee to Sub Agents, Buyer Agents and Transaction Brokers:
. SELLER agrees to Dual Agency representation and will consider offers made by buyers represented by the
BROKER or by Co-operating Buyer Agents.
8. AGENCY DISCLOSURE. "By signing below the SELLER(S) (or landlords, as applicable) acknowledge they received the Consumer
Information Statement on New Jersey Real Estate Relationships from Broker prior to discussing their motivation to sell or lease or their desired
selling or leasing price with one of BROKERS representatives."
DECLARATION OF BUSINESS RELATIONSHIP
Weidel Realtors and,
as an authorized representative of Weidel Realtors, intend, as of this
time to work with you as a Seller's agent and disclosed dual agent if the opportunity arises.
9. DUAL AGENCY. A Dual Agency is most likely to occur when a licensee with Broker shows Buyer Clients properties owned by SELLERS for
whom BROKER is also working as a Seller's Agent. A Co-operative Dual Agency can occur when one licensee of a Brokerage firm is representing a
seller as a subagent and another licensee from the same Brokerage firm represents a buyer as a Buyer Agent on the same listing. The Buyer Agent
becomes a Dual Agent since the actions of one agent bind the entire brokerage firm. When a Dual Agent relationship occurs, written informed
consent must be obtained.
(A) Fiduciary duties are limited and confidential information remains confidential. The Broker has the duty to make a full, fair and timely
disclosure of all material facts and information within the Broker's knowledge and readily available to the Broker which might in anyway affect
either the SELLER's or Buyer's rights. To the extent that confidential information has been previously communicated to the Broker by either party, it
is understood that the Broker will not disclose such information to the other party. For example, the Broker will not disclose to the SELLER that the
Buyer will pay a sum greater than the price offered and will not disclose to the Buyer that the SELLER will accept a price less than the listing price.
The Broker will not disclose information relating to prior offers and counteroffers involving the parties, nor information relating to either party’s
motivation to enter into the transaction. The Brokerage Firm acting as a disclosed Dual Agent will not be able to put one parties' interest ahead of
those of the other party and cannot advise or counsel either party on how to gain an advantage at the expense of the other party on the basis of
confidential information obtained from or about the other party.
(B) Broker works for both the SELLER and Buyer. The SELLER and Buyer acknowledge and agree that Broker and all of its agents are
representing both SELLER and Buyer in the same transaction.
(C) Comparable property information available to SELLER and Buyer. Both SELLER and Buyer agree that all "comparable" property
information available through the Multiple Listing Service or otherwise, including listed and sold properties, may be disclosed to both SELLER and
Buyer at any time and may be accompanied by a Comparative Market Analysis prepared by the respective Sales Agents of the SELLER and the Buyer.
(D) Commission From the SELLER or Buyer or Both. Both SELLER and Buyer agree that BROKER shall have the right to collect a
commission from the SELLER or from the Buyer or both (except in a Dual Agency relationship) and acknowledge that the BROKER will collect a
fee as specified in the Buyer Agency Agreement.
10. CONFIDENTIALITY. As a result of various agency relationship options available to Buyers, with the exception of Listing Agent, SELLER
will not disclose any confidential information (other than what is required by law) to any Agents of Broker or Agents of co-operating Brokers other
than what SELLER would want disclosed to Buyer.
11. OTHER CONTRACT PROVISIONS. SELLER understands the authority conferred upon the BROKER by this Agreement cannot be canceled
during the term of this Agreement and shall be binding upon the heirs, executors, administrators, personal representatives, and assigns of the
SELLER.
12. SELLER PROPERTY DISCLOSURE. To the extent of SELLER knowledge as property owner, SELLER is not aware of any structural or
otherwise significant defects in or to the property unless it is otherwise indicated in writing.
A SELLER-prepared property disclosure form
IS/
Listagree0511
IS NOT available for review by prospective Buyers.
page 2 of 3
13. INDEMNIFICATION. SELLER agrees to indemnify and hold harmless BROKER from any claim arising out of personal injuries to any
persons injured in or on the property or for property damage arising out of the services to be performed under this agreement, including lock box
placement if selected.
14. HOME WARRANTY PLAN. SELLER acknowledges that the option of a Home Warranty plan has been explained. To initiate the program,
the appropriate application form must be signed by the SELLER and received by the warranty company.
15. NEW JERSEY LAW AGAINST DISCRIMINATION AND FEDERAL FAIR HOUSING LAWS. SELLER(S) (or landlords, as
applicable) acknowledge they received a copy of the legal memorandum from the Office of the Attorney General which will help you to comply with
the New Jersey Law Against Discrimination (“LAD”) and federal laws that prohibit discrimination in the sale or rental of real property.
The SELLER and AGENT agree to the terms of this agreement by signing below. All parties necessary to legally convey the property must sign.
This is a legal binding contract. If not understood, seek legal advice.
Signatures:
Listing Agent Signature
Seller Signature
Date
Listing Agent Office
Seller Signature
Date
Listing Agent Office Address
Seller Current Address
Seller E-mail Address
Listing Agent Phone Number
Seller Current Phone Number
Manager Acceptance for Broker
Date
Listagree0511
page 3 of 3
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State ofNew jersey
OFFICE OF THE ATTORNEY GENERAL.
DEPARTMENT OF LAW AND PUBLIC SAFETY
CHRIS CHRISTIE
Governor
JOHN J. HOFFMAN
Acting Attorney General
DIVISION ON CIVIL RIGHTS
P.O.Box 089
Trenton, NJ 08625-0089
K~ Gu.aDaGNo
Lt. Governor
TO:
Property Owners
FROM:
John J. Hoffman, Acting Attorney General, State of New Jersey
Craig Sashihara, Director, NJ Division on Civil Rights
DATE:
August 2013
SUBJECT:
Housing Discrimination Laws
CRAIG SASHIHARA
Director
The New Jersey Real Estate Commission requires every licensed broker or salesperson
with whom you list your property to give you a copy of this notice. The purpose is to help you
comply with the New Jersey Law Against Discrimination (the "LAD") and federal laws
prohibiting discrimination in the sale or rental of real property.
In New Jersey,. it is illegal to discriminate against a prospective or current buyer or
tenant because of race, creed, color, national origin, sex, gender identity or expression, marital
status, civil union status, affectional or sexual orientation, familial status, actual or perceived
physical or mental disability, ancestry, nationality, domestic partner status, or source of lawful
income used for mortgage or rental payments. It is also illegal to place any advertisement or
make any statements or utterances that express,- directly or indirectly, any limitations to offer
housing based on any of those characteristics.
-_
State and federal fair housing laws apply to a wide range of activities such as advertising,
selling reefing; leasing, subleasing, assigning and showing property (incYudirig open land). Here
are some issues that come up frequently in enforcing the LAD:
■
Discrimination based on "source of lawful income used for mortgage or rental
payments," means,for example,that a landlord cannot reject a prospective tenant because
he or she intends to rely on a Section 8 rental voucher, FEMA voucher issued to
Superstorm Sandy victims, or other types of rent subsidy.
■
A "No Pets" rule cannot be enforced to prevent a person with a disability from using a
service animal such as a guide dog. A landlord may not charge a tenant with a disability
an extra fee for keeping a service animal.
■
Discrimination based on "familial status" prohibits discrimination against families with a
child or children under 18 years old, and includes pregnant women.
',
Landlords must permit a tenant with a disability, at that tenant's own expense, to make
reasonable modifications to the premises if such modifications are needed to give the
tenant full enjoyment of the premises.
Penalites. If you commit a discriminatory housing practice that violates the LAD, you may be
subject to penalties not exceeding $10,000 for a first violation, not exceeding $25,000 for a
second violation within five years ofthe first offense, and not exceeding $50,000 for two or more
violations within seven years.
Other remedies. Victims of discrimination may recover economic damages related to the
discrimination (such as having to pay higher rent for another unit) as well as damages for
emotional distress, pain and humiliation. In more egregious cases, a victim may also recover
punitive damages.
Brokers. The broker or salesperson with whom you list your property must transmit to you
every written offer he/she receives on your property. Brokers and salespersons are licensed by
the New Jersey Real Estate Commission and their activities are subject to the general real estate
laws of the State and the Commission's own rules and regulations. The broker or salesperson
must refuse your listing if you indicate an intent to discriminate based on any of the protected
classes.
Exemptions. The sale or rental of property (including open land) whether for business or
residential purposes, is covered by the LAD. In most cases, the following sales or rentals are
exempt from the LAD 1:
•
•
•
Renting one apartment in atwo-family dwelling if the owner lives in the other apartment.
Renting a room or rooms in cone-family dwelling if the owner lives in the same
dwelling.
A religious organization can give preference to persons of the same religion when selling
or renting real property.
In certain types of housing designated for older persons, it is not unlawful to discriminate
based on familial status.
For more information about the LAD and Fair Housing Amendments Act of 1988, or if
you have other questions about discrimination m the sale or rental of real property, including
how to report a complaint, please review our website www.NJCivilRi~hts.~ov or call our
Housing Hotline at (866) 405-3050. Please contact us if you would like the Division on Civil
Rights to provide training on the subject of housing discriii~a~,on. Thank you.
John Ja offm
Acting Attorney General
Director, Division on Civil Rights
`
Discrimination in connection with some of the transactions covered by these exemptions may
nevertheless be prohibited under the Federal Civil Rights Act of1866, 42 U.S.C. 1981, 1982.
ADDENDUM A
DISCLOSURE OF INFORMATION AND ACKNOWLEDGMENT ABOUT
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
I. LEAD PAINT WARNING
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead
poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced
intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women.
The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint
hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards.
A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
II. PROPERTY ADDRESS: ________________________________________________________________________________
______________________________________________________________________________________________________
III. SELLER’S DISCLOSURE (initial) (To be completed and signed at time of listing)
________ (a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
________ (b) Records and Reports available to the seller (check one below):
Seller has no reports or records pertaining to lead-based paint and/or lead-based hazards in the housing.
Seller has the following reports or records pertaining to lead-based paint and/or lead-based paint hazards in
the housing, all of which seller has provided to its listing agent, and has directed its listing agent to provide
purchaser or purchaser’s agent with these records and reports prior to seller accepting any offer to purchase (list documents below):
_______________________________________________________________________________________________
_______________________________________________________________________________________________
________ (c) If there is any change in the above information prior to seller accepting an offer from the purchaser to purchase, seller will disclose all changes to the purchaser prior to accepting the offer.
IV. SELLER’S CERTIFICATION OF ACCURACY
Seller(s) have reviewed the Seller’s Disclosure in Section III and certify, to the best of his/her/their knowledge, that the
information they have provided is true and accurate.
Seller _____________________________ Date
/
/
Seller _____________________________ Date
/
/
V. LISTING AGENT’S CERTIFICATION OF ACCURACY
Listing Agent certifies that he/she has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of
his/her responsibility to ensure compliance.
Listing Agent _________________________________________________________________________ Date
/
/
VI. PURCHASER’S ACKNOWLEDGMENT (initial) (The Seller’s Disclosure in Section III and Certification in Section
IV and the Listing Agent’s Certification in Section V to be completed and signed prior to purchaser signing this
Addendum A.)
________ (a) Purchaser has received copies of all information listed in Section III above.
________ (b) Purchaser has received the pamphlet Protect Your Family From Lead in Your Home.
________ (c) Purchaser has (check one below):
Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection
for the presence of lead-based paint and/or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
NJ REALTORS® Addendum A Page 1 of 2
9/15
copyright ©2012, New Jersey REALTORS®, INC.
Serial#: 091700-700144-3726611
VII. PURCHASER’S CERTIFICATION OF ACCURACY
Purchaser(s) have reviewed the Purchaser’s Acknowledgment in Section VI and certify, to the best of his/her/their knowledge, that the information they have provided is true and accurate.
Purchaser ___________________________ Date
/
/
Purchaser ________________________ Date
/
/
VIII. SELLING/BUYER’S AGENT’S CERTIFICATION OF ACCURACY
Selling/Buyer’s Agent certifies that the purchaser has received the information in section VI (a) and (b).
Selling/Buyer’s Agent __________________________________________________________________ Date
NJ REALTORS® Addendum A Page 2 of 2
9/15
copyright ©2012, New Jersey REALTORS®, INC.
Serial#: 091700-700144-3726611
/
/
NEW JERSEY ASSOCIATION OF REALTORS® STANDARD FORM OF
INFORMED CONSENT TO DUAL AGENCY
(SELLER)
©2001, NEW JERSEY ASSOCIATION OF REALTORS®, INC.
PROPERTY ADDRESS: ______________________________________________________________________________________
1
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This Agreement evidences Seller’s consent that the Brokerage Firm, as Seller’s Agent, may act as a Disclosed Dual Agent in order to
represent both Seller and Buyer in the same real estate transaction, and seeks Seller’s consent to allow Seller’s Agent to act as a Disclosed
Dual Agent when the opportunity arises. Seller should be aware that a real estate licensee may legally act as a Disclosed Dual Agent only
with Seller’s and Buyer’s informed written consent.
Seller understands that Disclosed Dual Agency (representing more than one party to a transaction) has the potential of creating a conflict
of interest in that both Seller and Buyer may intend to rely on the Seller’s Agent’s advice, and their respective interests may be adverse to
each other. Therefore, when acting as a Disclosed Dual Agent, Seller’s Agent will not represent the interests of Buyer to the exclusion or
detriment of the interests of a Seller; nor will Seller’s Agent represent the interests of Seller to the exclusion and detriment of the interests
of Buyer.
As a Disclosed Dual Agent of both the Seller and the Buyer, Seller’s Agent will be working equally for both parties to the real estate
transaction and will provide services to complete the transaction without the full range of fiduciary duties ordinarily owed by an agent
who represents Seller alone, or the Buyer alone. In the preparation of offers and counteroffers between Seller and Buyer, Seller’s Agent
will act only as an intermediary to facilitate the transaction rather than as an active negotiator representing either the Seller or Buyer in
a fiduciary capacity. By consenting to this dual agency, Seller is giving up the right to undivided loyalty and will be owed only limited
duties of disclosure by the Seller’s Agent.
For example, Seller acknowledges that Seller’s Agent, as a Disclosed Dual Agent, is not permitted, under law, to disclose to either Seller
or Buyer any confidential information which has been, or will be communicated to Seller’s Agent by either of the parties to the transaction. Moreover, Seller’s Agent is not permitted to disclose (without the express written permission of the Seller) to the Buyer that such
Seller will accept a price less than the full listing price. Nor will Seller’s Agent disclose (without the express written permission of the
Buyer) to the Seller that Buyer will pay a sum greater than the price offered by Buyer. It is also impermissible for Seller’s Agent to advise
or counsel either the Seller or Buyer on how to gain an advantage at the expense of the other party on the basis of confidential information
obtained from or about the other party.
Seller acknowledges receipt of the Consumer Information Statement on New Jersey Real Estate Relationships.
I, __________________________________________________________________ AS AN AUTHORIZED REPRESENTATIVE OF
(Name of Licensee)
____________________________________________________________________ INTEND, AS OF THIS TIME, TO WORK WITH
(Name of Firm)
YOU (SELLER) AS A SELLER’S AGENT AND DISCLOSED DUAL AGENT IF THE OPPORTUNITY ARISES.
If Seller does not understand all of the provisions of this Informed Consent to Dual Agency, legal advice should be sought before signing.
By signing below, Seller acknowledges that Seller has read and understood this Informed Consent to Dual Agency and gives consent to
Seller’s Agent to act as a Disclosed Dual Agent.
____________________________________________________
SELLER’S SIGNATURE
____________________________________________________
BROKERAGE FIRM
____________________________________________________
SELLER’S SIGNATURE
____________________________________________________
ADDRESS
____________________________________________________
CITY, STATE, ZIP CODE
____________________________________________________
DATE
®
NJAR Form-122B-7/12
Serial#: 045304-300144-3726608
___________________________________________________
SALESPERSON’S SIGNATURE
DISCLOSURE
AFFILIATED BUSINESS
ARRANGEMENT DISCLOSURE
This Affiliated Business Arrangement Disclosure Statement is provided to you in compliance with
the Real Estate Settlement Procedures Act. R. A. Weidel Corporation, Richard A. Weidel
Corporation, Princeton Mortgage Corporation and Princeton Assurance Corporation are all
affiliated companies offering a range of financing, insurance and real estate settlement
services.
Princeton Mortgage Corporation is a wholly owned subsidiary of Richard A. Weidel Corporation,
the parent of R. A. Weidel Corporation. Princeton Assurance Corporation is wholly owned by a
shareholder of Richard A. Weidel Corporation.
Included below are the full range of services provided by Richard A. Weidel Corporation and its
affiliates, along with a general estimate of charges. Actual charges may vary according to the
particular circumstance underlying the transaction.
SERVICE
PROVIDER
ESTIMATED COST RANGE*
Mortgage Loans
Princeton Mortgage Corporation 0% to 3% of mortgage amount
Title Insurance/Life & Health Coverage/Employee Benefits Princeton Assurance Corporation Agent Provided
Other
YOU ARE UNDER NO OBLIGATION TO USE THE MORTGAGE OR TITLE SERVICES WHICH ARE AFFILIATED
WITH THIS REAL ESTATE LICENSEE. YOU MAY OBTAIN YOUR MORTGAGE LOAN, TITLE INSURANCE OR
OTHER SERVICES FROM ANOTHER SOURCE.
In addition, although not affiliated business arrangements, please note the following: Other
services and products including, but not limited to, Home Warranties are offered through the
company and the company and/or its affiliate(s) may receive a financial or other benefit in
connection with such products or services.
DISCLOSURES ACKNOWLEDGMENT
By signing below the Buyer(s) or Sellers(s) acknowledge they have received and understood the
following:
 Consumer Information Statement
 Affiliated Business Arrangement Disclosure
 Real Estate Agency Relationships Disclosure / Consent to D
 EPA Lead Paint Booklet for residential dwellings built prior to 1978 ("Protect Your Family
from Lead in Your Home")
 A Home Warranty Option has been made available (to initiate the program, the
appropriate Home Warranty form must be signed by the Buyer(s) or Seller(s) and received
by the warranty company)
I acknowledge that I received and understand the above forms from _______________________
(name of agent), a Weidel Real Estate Agent
______________________________
_____________________________ __________________
Buyer(s) / Tenant(s) Signature
Print
Date
______________________________
_____________________________ __________________
Buyer(s) / Tenant(s) Signature
Print
Date
______________________________
_____________________________ __________________
Seller(s) / Landlord(s) Signature
Print
______________________________
_____________________________ __________________
Seller(s) / Landlord(s)) Signature
Print
______________________________
_____________________________ __________________
Weidel Real Estate Agent
Print
Date
Date
Date
WEIDEL QUALITY SERVICE
GUARANTEE
Since 1915 our reputation for quality service has been earned through generations of
families who placed their trust and confidence in our organization, the Richard A. Weidel Corporation. These same families have rewarded this level of quality service by returning to us time and
again, and by referring their families and friends.
High standards of quality and service excellence are upheld throughout our organization.
Our 3UHVLGHQWCEO, Richard A. Weidel, Jr., can stand proudly with each of our highly-trained and
skilled professional associates. Your satisfaction is our main objective and providing you with value
is so important that our president requests your comments and suggestions and welcomes the
opportunity to speak with clients regarding their experience with our firm.
In a business as important as helping people buy and sell homes, a firm's reputation and
success will always be earned through perseverance, attentiveness and pride. This guarantee is
your assurance from our CEO, Branch Manager and Sales Associate that our entire organization
will work together as a team to perform the services as outlined on the Weidel Quality Service
Guarantee. If we do not complete the services as outlined on the Weidel Quality Service Guarantee, we will reduce at closing 50% of the listing portion of the commission.*
Owner's Signature
Date
Owner's Signature
Date
Property Address
Weidel Realtors Sales Associate's Signature
Date
Sales Manager's Signature
Date
Richard A. Weidel, Jr.
PRESIDENT/CEO
* The Weidel Quality Service Guarantee applies to exclusive right to sell listings of six months or longer and a minimum of 3% listing
commission to Weidel Realtors. A maximum of $5,000 refund applies. This guarantee does not apply to special program homes. The
selling broker commission will be specified separately. A property must be listed within a range determined by a Market Value Analysis.
Weidel Realtors reserves the right to remedy a complaint within fourteen days upon receipt of certified, written notice stating reason(s) for
dissatisfaction to Richard A. Weidel, Jr., CEO.
Please send written notice by certified mail to:
Weidel Realtors, 2482 Pennington Road, Suite 3, Pennington, NJ 08534
ATTN: Richard A. Weidel, Jr.
WEIDEL
QUALITY
SERVICE
GUARANTEE
Today you need more than a
sign, an ad in the paper, and a
helpful banker to sell your
home. Today you need
Weidel.
Weidel gives you more of what
you need to sell your home.
Our Weidel Quality Service
Guarantee is
designed to help you get the
highest price for your home as
quickly as possible.
With Weidel, you will find that
our commitment to
quality service is more than just
a promise . . .
IT'S GUARANTEED!
1. REAL ESTATE RELATIONSHIPS.
We will explain agency alternatives: seller
agency, disclosed dual agency and buyer
agency. Getting your home sold is a team
effort!
11. VALU-VISION SHOW OF HOMES.
We will include your home, when appropriate, in our Show of Homes. Exclusively
displayed at local Weidel offices,
community fairs and special events, Show
of Homes stimulates initial interest in your
2. CLIENT SURVEY. We will provide you
property and reinforces its value after a
with the opportunity to tell our President/CEO showing.
about how we are doing through our Client
Response Surveys.
12. OPEN HOUSE. We will schedule a
Broker, Office or Public Open House when
3. RELOCATION ASSISTANCE. We can
deemed necessary. The more people who
help you find a new home locally or, if you
see your home, the greater opportunity for
are moving out of the area, put you in touch a fast sale.
with our fully-qualified Relocation Division
Staff who can recommend a broker at your
13. SHOWINGS. We will help make
new location.
showing your property as convenient as
possible by establishing showing proce4. RELOCATION NETWORK. We will
dures.
make information about your home available
to major referral networks, which include our 14. DIRECT MAIL. When appropriate, we
Corporate Relocation Division and National will mail announcement cards and/or meet
Network of Real Estate Brokers. Our
with your neighbors, asking them to refer
relocation network reaches transferees
prospective buyers. They may know of
across the nation and around the world.
somebody planning to move into your
neighborhood.
5. FINANCIAL INFORMATION. We will
provide you and prospective buyers with
15. WEIDEL YARD SIGN. We will place a
professional guidance and the latest
well-recognized, highly visible Weidel “For
information on financing programs through a Sale” sign in a prominent location on your
highly-trained mortgage consultant from
property within local and municipal-ity
Princeton Mortgage Corporation.
ordinances and/or association guide-lines.
6. PRE-APPROVED PROPERTY. Through
Princeton Mortgage Corporation, we can
pre-approve your property by determining a
lender's appraised value. Having your
property pre-approved can position your
home more favorably with prospective
buyers, leading to a faster sale and greater
value. A nominal fee covers the cost of an
independent appraisal.
7. COMMUNICATION. We will keep you
informed of the action being taken to sell
your home, including buyer reactions and
current market conditions, using a Weidel
Marketing Activities Calendar.
8. MARKETING ACTION PLAN. We will
custom-design a marketing program using
the Weidel Quality Service Guarantee.
9. HOME ENHANCEMENT. We can help
you get more for your home by utilizing the
Weidel home enhancement checklist.
16. ADVERTISING. We will continuously
display a variety of homes to attract the
greatest flow of buyers using various
marketing media, including Weidel Realtors'
International Network of Websites.
17. PURCHASE OFFERS. We will utilize
our many years of experience to help you
negotiate the best possible terms,
conditions and price for your property at
the time an offer is presented.
18. MARKET VALUE ANALYSIS. We will
establish the market value of your property
based on a comprehensive Market Value
Analysis to help you realize the best price
and the quickest sale for your home.
19. SEVEN DAYS A WEEK. Our company
is open daily and will be available when
you, prospective buyers, or cooperating
agents need us.
20. UNTIL IT’S SOLD. With you, we will
10. PROMOTION. We will compile,
review and develop further marketing
prepare and distribute information about your strategies as necessary.
0615
home to salespeople at Weidel Offices and
other cooperating brokers, which includes
the use of the Multiple Listing Service.
SELLER’S PROPERTY CONDITION DISCLOSURE STATEMENT
©2012, New Jersey Association of Realtors®, Inc.
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Property Address: __________________________________________________________________________________________________
___________________________________________________________________________________________________________________
Seller: __________________________________________________________________________________________________
___________________________________________________________________________________________________________________
The purpose of this Disclosure Statement is to disclose, to the best of Seller's knowledge, the condition of the Property, as of the date set
forth below. The Seller is aware that he or she is under an obligation to disclose any known material defects in the Property even if not
addressed in this printed form. Seller alone is the source of all information contained in this form. All prospective buyers of the Property
are cautioned to carefully inspect the Property and to carefully inspect the surrounding area for any off-site conditions that may adversely
affect the Property. Moreover, this Disclosure Statement is not intended to be a substitute for prospective buyer's hiring of qualified experts to inspect the Property.
If your property consists of multiple units, systems and/or features, please provide complete answers on all such units, systems and/or
features even if the question is phrased in the singular, such as if a duplex has multiple furnaces, water heaters and fireplaces.
OCCUPANCY
No
Yes
[]
[]
[]
[]
ROOF
Yes
[]
[]
No
Unknown
[]
Unknown
[]
[]
[]
1. Age of House, if known _________________________________________________________________
2. Does the Seller currently occupy this property?
If not, how long has it been since Seller occupied the property? __________________________________
3. What year did the seller buy the property? ___________________________________________________
3a. Do you have in your possession the original or a copy of the deed evidencing your ownership of the
property? If “yes,” please attach a copy of it to this form.
4. Age of roof ____________________________________________________________________________
5. Has roof been replaced or repaired since seller bought the property?
6. Are you aware of any roof leaks?
7. Explain any “yes” answers that you give in this section: _________________________________________
_____________________________________________________________________________________
ATTIC, BASEMENTS AND CRAWL SPACES (Complete only if applicable)
No Unknown
Yes
[]
8. Does the property have one or more sump pumps?
[]
[]
8a. Are there any problems with the operation of any sump pump?
[]
[]
9. Are you aware of any water leakage, accumulation or dampness within the basement or crawl spaces
[]
or any other areas within any of the structures on the property?
[]
9a. Are you aware of the presence of any mold or similar natural substance within the basement or crawl
[]
spaces or any other areas within any of the structures on the property?
[]
10.Are you aware of any repairs or other attempts to control any water or dampness problem in the base[]
ment or crawl space? If “yes,” describe the location, nature and date of the repairs:
_____________________________________________________________________________________
_____________________________________________________________________________________
[]
11. Are you aware of any cracks or bulges in the basement floor or foundation walls? If “yes,” specify
[]
location. ____________________________________________________________________________
NJAR® Form-140-7/12
Page 1 of 8
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12. Are you aware of any restrictions on how the attic may be used as a result of the manner in which
the attic or roof was constructed?
13. Is the attic or house ventilated by:
a whole house fan?
an attic fan?
13a. Are you aware of any problems with the operation of such a fan?
14. In what manner is access to the attic space provided?
staircase
pull down stairs
crawl space with aid of ladder or other device
other _____________________________________________________________________________
15. Explain any “yes” answers that you give in this section:
_____________________________________________________________________________________
_____________________________________________________________________________________
TERMITES/WOOD DESTROYING INSECTS, DRY ROT, PESTS
Yes
No Unknown
[]
[]
16. Are you aware of any termites/wood destroying insects, dry rot, or pests affecting the property?
[]
[]
17. Are you aware of any damage to the property caused by termites/wood destroying insects, dry rot, or
pests?
[]
18. If “yes,” has work been performed to repair the damage?
[]
[]
19. Is your property under contract by a licensed pest control company? If “yes,” state the name and ad[]
dress of the licensed pest control company: _________________________________________________
_____________________________________________________________________________________
[]
20. Are you aware of any termite/pest control inspections or treatments performed on the property in the
[]
past?
_____________________________________________________________________________________
_____________________________________________________________________________________
STRUCTURAL ITEMS
No Unknown
Yes
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
ADDITIONS/REMODELS
No Unknown
Yes
[]
[]
[]
[]
[]
22. Are you aware of any movement, shifting, or other problems with walls, floors, or foundations, including any restrictions on how any space, other than the attic or roof, may be used as a result of the
manner in which it was constructed?
23. Are you aware if the property or any of the structures on it have ever been damaged by fire, smoke,
wind or flood?
24. Are you aware of any fire retardant plywood used in the construction?
25. Are you aware of any current or past problems with driveways, walkways, patios, sinkholes, or retaining walls on the property?
26. Are you aware of any present or past efforts made to repair any problems with the items in this section?
27. Explain any “yes” answers that you give in this section. Please describe the location and nature of
the problem.
_____________________________________________________________________________________
_____________________________________________________________________________________
28. Are you aware of any additions, structural changes or other alterations to the structures on the property made by any present or past owners?
29. Were the proper building permits and approvals obtained? Explain any “yes” answers you give in this
section:
_____________________________________________________________________________________
_____________________________________________________________________________________
PLUMBING, WATER AND SEWAGE
No Unknown
Yes
30. What is the source of your drinking water?
Public
Community System
Well on Property
Other (explain) _______________________
[]
[]
31. If your drinking water source is not public, have you performed any tests on the water?
If so, when? __________________________________________________________________________
Attach a copy of or describe the results.
32. Does the wastewater from any clothes washer, dishwasher, or other appliance discharge to any loca[]
[]
[]
Page 2 of 8
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tion other than the sewer, septic, or other system that services the rest of the property?
33. When was well installed? _______________________________________________________
Location of well? _____________________________________________________________
34. Do you have a softener, filter, or other water purification system?
Leased
Owned
35. What is the type of sewage system?
Public Sewer
Private Sewer
Septic System
Cesspool
Other (explain): ___________
36. If you answered “septic system,” have you ever had the system inspected to confirm that it is a true
septic system and not a cesspool?
37. If Septic System, when was it installed? ____________________________________________________
Location? ____________________________________________________________________________
38. When was the Septic System or Cesspool last cleaned and/or serviced? ___________________________
39. Are you aware of any abandoned Septic Systems or Cesspools on your property?
39a. If “yes,” is the closure in accordance with the municipality’s ordinance? (explain):
______________________________________________________________________________________
40. Are you aware of any leaks, backups, or other problems relating to any of the plumbing systems and
fixtures (including pipes, sinks, tubs and showers), or of any other water or sewage related problems?
If “yes,” explain: ______________________________________________________________________
_____________________________________________________________________________________
41. Are you aware of any shut off, disconnected, or abandoned wells, underground water or sewage
tanks, or dry wells on the property?
42. Is either the private water or sewage system shared? If “yes,” explain: ____________________________
_____________________________________________________________________________________
43. Water Heater:
Electric
Fuel Oil
Gas
Age of Water Heater ___________________________________________________________________
43a. Are you aware of any problems with the water heater?
_____________________________________________________________________________________
_____________________________________________________________________________________
HEATING AND AIR CONDITIONING
No Unknown
Yes
45. Type of Air Conditioning:
Central one zone
Central multiple zone
Wall/Window Unit
None
46. List any areas of the house that are not air conditioned:
_____________________________________________________________________________________
[]
47. What is the age of Air Conditioning System? ________________________________________________
48. Type of heat:
Electric
Fuel Oil
Natural Gas
Propane
Unheated
Other
49. What is the type of heating system? (for example, forced air, hot water or base board, radiator, steam
heat) ________________________________________________________________________________
50. If it is a centralized heating system, is it one zone or multiple zones?
_____________________________________________________________________________________
[]
51. Age of furnace __________________________ Date of last service: ____________________________
52. List any areas of the house that are not heated:
_____________________________________________________________________________________
[]
[]
53. Are you aware of any tanks on the property, either above or underground, used to store fuel or other
[]
substances?
[]
54. If tank is not in use, do you have a closure certificate?
[]
[]
55. Are you aware of any problems with any items in this section? If “yes,” explain:
[]
_____________________________________________________________________________________
WOODBURNING STOVE OR FIREPLACE
No Unknown
Yes
wood burning stove?
fireplace?
insert?
other
[]
[]
56. Do you have
[]
56a. Is it presently usable?
[]
[]
[]
57. If you have a fireplace, when was the flue last cleaned? ________________________________________
[]
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57a. Was the flue cleaned by a professional or non-professional? ___________________________________
[]
[]
[]
58. Have you obtained any required permits for any such item?
[]
[]
59. Are you aware of any problems with any of these items? If “yes,” please explain:
[]
_____________________________________________________________________________________
_____________________________________________________________________________________
Page 3 of 8
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ELECTRICAL SYSTEM
No Unknown
Yes
[]
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60. What type of wiring is in this structure?
Copper
Aluminum
Other
Unknown
61. What amp service does the property have?
60
100
150
200
Other
Unknown
62. Does it have 240 volt service? Which are present
Circuit Breakers,
Fuses or
Both?
63. Are you aware of any additions to the original service?
If “yes,” were the additions done by a licensed electrician? Name and address:
_____________________________________________________________________________________
_____________________________________________________________________________________
64. If “yes,” were proper building permits and approvals obtained?
65. Are you aware of any wall switches, light fixtures or electrical outlets in need of repair?
66. Explain any “yes” answers you give in this section:
_____________________________________________________________________________________
_____________________________________________________________________________________
LAND (SOILS, DRAINAGE AND BOUNDARIES)
No Unknown
Yes
[]
67. Are you aware of any fill or expansive soil on the property?
[]
[]
68. Are you aware of any past or present mining operations in the area in which the property is located?
[]
[]
69. Is the property located in a flood hazard zone?
[]
[]
70. Are you aware of any drainage or flood problems affecting the property?
[]
[]
[]
71. Are there any areas on the property which are designated as protected wetlands?
[]
[]
[]
72. Are you aware of any encroachments, utility easements, boundary line disputes, or drainage or other
easements affecting the property?
[]
73. Are there any water retention basins on the property or the adjacent properties?
[]
[]
[]
74. Are you aware if any part of the property is being claimed by the State of New Jersey as land presently or formerly covered by tidal water (Riparian claim or lease grant)? Explain:
_____________________________________________________________________________________
_____________________________________________________________________________________
[]
[]
75. Are you aware of any shared or common areas (for example, driveways, bridges, docks, walls, bulkheads, etc.) or maintenance agreements regarding the property?
76. Explain any “yes” answers to the preceding questions in this section:
_____________________________________________________________________________________
_____________________________________________________________________________________
[]
77. Do you have a survey of the property?
[]
ENVIRONMENTAL HAZARDS
No Unknown
Yes
[]
78. Have you received any written notification from any public agency or private concern informing you that
[]
the property is adversely affected, or may be adversely affected, by a condition that exists on a property in
the vicinity of this property? If “yes,” attach a copy of any such notice currently in your possession.
[]
[]
78a. Are you aware of any condition that exists on any property in the vicinity which adversely affects,
or has been identified as possibly adversely affecting, the quality or safety of the air, soil, water,
and/or physical structures present on this property? If “yes,” explain:
[]
[]
[]
[]
[]
[]
[]
NJAR® Form-140-7/12 Page 4 of 8
_____________________________________________________________________________________
_____________________________________________________________________________________
79. Are you aware of any underground storage tanks (UST) or toxic substances now or previously present on this property or adjacent property (structure or soil), such as polychlorinated biphenyl (PCB),
solvents, hydraulic fluid, petro-chemicals, hazardous wastes, pesticides, chromium, thorium, lead or
other hazardous substances in the soil? If “yes,” explain:
_____________________________________________________________________________________
_____________________________________________________________________________________
80. Are you aware if any underground storage tank has been tested?
(Attach a copy of each test report or closure certificate if available).
81. Are you aware if the property has been tested for the presence of any other toxic substances, such
as lead-based paint, urea-formaldehyde foam insulation, asbestos-containing materials, or others?
(Attach copy of each test report if available).
82. If “yes” to any of the above, explain:
_____________________________________________________________________________________
_____________________________________________________________________________________
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[]
[]
[]
[]
[]
82a. If “yes” to any of the above, were any actions taken to correct the problem? Explain:
_____________________________________________________________________________________
_____________________________________________________________________________________
83. Is the property in a designated Airport Safety Zone?
DEED RESTRICTIONS, SPECIAL DESIGNATIONS, HOMEOWNERS ASSOCIATION/CONDOMINIUMS AND CO-OPS
No Unknown
Yes
[]
[]
84. Are you aware if the property is subject to any deed restrictions or other limitations on how it may
be used due to its being situated within a designated historic district, or a protected area like the
New Jersey Pinelands, or its being subject to similar legal authorities other than typical local zoning
ordinances?
[]
85. Is the property part of a condominium or other common interest ownership plan?
[]
[]
85a. If so, is the property subject to any covenants, conditions, or restrictions as a result of its being part
[]
of a condominium or other form of common interest ownership?
[]
86. As the owner of the property, are you required to belong to a condominium association or homeown[]
ers association, or other similar organization or property owners?
[]
86a. If so, what is the Association’s name and telephone number?
[]
_____________________________________________________________________________________
[]
[]
86b. If so, are there any dues or assessments involved?
[]
If “yes,” how much? __________________________________________________________________
[]
87. Are you aware of any defect, damage, or problem with any common elements or common areas that
[]
materially affects the property?
[]
88. Are you aware of any condition or claim which may result in an increase in assessments or fees?
[]
[]
[]
89. Since you purchased the property, have there been any changes to the rules or by-laws of the Asso[]
ciation that impact the property?
90. Explain any “yes” answers you give in this section:
_____________________________________________________________________________________
_____________________________________________________________________________________
MISCELLANEOUS
No Unknown
Yes
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
91. Are you aware of any existing or threatened legal action affecting the property or any condominium
or homeowners association to which you, as an owner, belong?
92. Are you aware of any violations of Federal, State or local laws or regulations relating to this property?
93. Are you aware of any zoning violations, encroachments on adjacent properties, non-conforming
uses, or set-back violations relating to this property? If so, please state whether the condition is preexisting non-conformance to present day zoning or a violation to zoning and/or land use laws.
_____________________________________________________________________________________
_____________________________________________________________________________________
94. Are you aware of any public improvement, condominium or homeowner association assessments
against the property that remain unpaid? Are you aware of any violations of zoning, housing, building, safety or fire ordinances that remain uncorrected?
95. Are there mortgages, encumbrances or liens on this property?
95a. Are you aware of any reason, including a defect in title, that would prevent you from conveying
clear title?
96. Are you aware of any material defects to the property, dwelling, or fixtures which are not disclosed elsewhere on this form? (A defect is “material,” if a reasonable person would attach importance to its existence or non-existence in deciding whether or how to proceed in the transaction.)
If “yes,” explain: ______________________________________________________________________
____________________________________________________________________________________
97. Other than water and sewer charges, utility and cable tv fees, your local property taxes, any special
assessments and any association dues or membership fees, are there any other fees that you pay on
an ongoing basis with respect to this property, such as garbage collection fees?
98. Explain any other “yes” answers you give in this section:
_____________________________________________________________________________________
_____________________________________________________________________________________
Page 5 of 8
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RADON GAS Instructions to Owners
By law (N.J.S.A. 26:2D-73), a property owner who has had his or her property tested or treated for radon gas may require that information
about such testing and treatment be kept confidential until the time that the owner and a buyer enter into a contract of sale, at which time
a copy of the test results and evidence of any subsequent mitigation or treatment shall be provided to the buyer. The law also provides that
owners may waive, in writing, this right of confidentiality. As the owner(s) of this property, do you wish to waive this right?
No
Yes
[]
______________
______________
[]
(Initials)
(Initials)
If you responded “yes,” answer the following questions. If you responded “no,” proceed to the next section.
Yes
[]
No
[]
[]
[]
[]
[]
[]
[]
Unknown
99. Are you aware if the property has been tested for radon gas? (Attach a copy of each test report if
available.)
100. Are you aware if the property has been treated in an effort to mitigate the presence of radon gas? (If
“yes,” attach a copy of any evidence of such mitigation or treatment.)
101. Is radon remediation equipment now present in the property?
101a. If “yes,” is such equipment in good working order?
MAJOR APPLIANCES AND OTHER ITEMS
The terms of any final contract executed by the seller shall be controlling as to what appliances or other items, if any, shall be included
in the sale of the property. Which of the following items are present in the property? (For items that are not present, indicate “not applicable.")
Yes
[]
[]
[]
No
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
Unknown
[]
N/A
[]
[]
[]
[]
[]
[]
[]
[]
[]
[]
Page 6 of 8
102. Electric Garage Door Opener
102a. If “yes,” are they reversible? Number of Transmitters __________________________________
103. Smoke Detectors
Battery
Electric
Both How many ___________________________________________
Carbon Monoxide Detectors How many ___________________________________________
Location ______________________________________________________________________
104. With regard to the above items, are you aware that any item is not in working order?
104a. If “yes,” identify each item that is not in working order or defective and explain the nature
of the problem: ________________________________________________________________
__________________________________________________________________________________
105. In-ground pool
Above-ground pool
Pool Heater
Spa/Hot Tub
105a. Were proper permits and approvals obtained?
105b. Are you aware of any leaks or other defects with the filter or the walls or other structural or
mechanical components of the pool or spa/hot tub?
105c. If an in-ground pool, are you aware of any water seeping behind the walls of the pool?
106. Indicate which of the following may be included in the sale? (Indicate Y for yes N for no.)
[ ] Refrigerator
[ ] Range
[ ] Microwave Oven
[ ] Dishwasher
[ ] Trash Compactor
[ ] Garbage Disposal
[ ] In-Ground Sprinkler System
[ ] Central Vacuum System
[ ] Security System
[ ] Washer
[ ] Dryer
[ ] Intercom
[ ] Other
107. Of those that may be included, is each in working order?
If “no,” identify each item not in working order, explain the nature of the problem:
_____________________________________________________________________________
_____________________________________________________________________________
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ACKNOWLEDGMENT OF SELLER
The undersigned Seller affirms that the information set forth in this Disclosure Statement is accurate and complete to the best of Seller’s
knowledge, but is not a warranty as to the condition of the Property. Seller hereby authorizes the real estate brokerage firm representing
or assisting the seller to provide this Disclosure Statement to all prospective buyers of the Property, and to other real estate agents. Seller
alone is the source of all information contained in this statement. If the Seller relied upon any credible representations of another, the
Seller should state the name(s) of the person(s) who made the representation(s) and describe the information that was relied upon.
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________
_________________________________________________________
SELLER
________________________________________________________
DATE
_________________________________________________________
SELLER
________________________________________________________
DATE
EXECUTOR, ADMINISTRATOR, TRUSTEE
(If applicable) The undersigned has never occupied the property and lacks the personal knowledge necessary to complete this Disclosure
Statement.
_________________________________________________________
________________________________________________________
DATE
_________________________________________________________
________________________________________________________
DATE
RECEIPT AND ACKNOWLEDGMENT BY PROSPECTIVE BUYER
The undersigned Prospective Buyer acknowledges receipt of this Disclosure Statement prior to signing a Contract of Sale pertaining to
this Property. Prospective Buyer acknowledges that this Disclosure Statement is not a warranty by Seller and that it is Prospective Buyer’s
responsibility to satisfy himself or herself as to the condition of the Property. Prospective Buyer acknowledges that the Property may be
inspected by qualified professionals, at Prospective Buyer’s expense, to determine the actual condition of the Property. Prospective Buyer
further acknowledges that this form is intended to provide information relating to the condition of the land, structures, major systems and
amenities, if any, included in the sale. This form does not address local conditions which may affect a purchaser’s use and enjoyment of
the property such as noise, odors, traffic volume, etc. Prospective Buyer acknowledges that they may independently investigate such local
conditions before entering into a binding contract to purchase the property. Prospective Buyer acknowledges that he or she understands
that the visual inspection performed by the Seller’s real estate broker/broker-salesperson/salesperson does not constitute a professional
home inspection as performed by a licensed home inspector.
_________________________________________________________
PROSPECTIVE BUYER
________________________________________________________
DATE
_________________________________________________________
PROSPECTIVE BUYER
________________________________________________________
DATE
Page 7 of 8
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ACKNOWLEDGMENT OF REAL ESTATE BROKER/BROKER-SALESPERSON/SALESPERSON
The undersigned Seller’s real estate broker/broker-salesperson/salesperson acknowledges receipt of the Property Disclosure Statement
form and that the information contained in the form was provided by the Seller.
The Seller’s real estate broker/broker-salesperson/salesperson also confirms that he or she visually inspected the property with reasonable diligence to ascertain the accuracy of the information disclosed by the seller, prior to providing a copy of the property disclosure
statement to the buyer.
The Prospective Buyer’s real estate broker/broker-salesperson/salesperson also acknowledges receipt of the Property Disclosure Statement form for the purpose of providing it to the Prospective Buyer.
_________________________________________________________
SELLER'S REAL ESTATE BROKER/
BROKER-SALESPERSON/SALESPERSON:
________________________________________________________
DATE
_________________________________________________________
PROSPECTIVE BUYER’S REAL ESTATE BROKER/
BROKER-SALESPERSON/SALESPERSON:
________________________________________________________
DATE
Page 8 of 8
LONG LIVE HAPPY HOMES ®
Home Warranty Service Agreement
LONG LIVE HAPPY HOMES
LONG
HOMES®®
smile, you know
what to expect when
the unexpected happens.
NEW
Service Guarantee – Industry Exclusive!
®
®
Certain items and events are not covered.
Please refer to exclusions listed in this Home Warranty Service Agreement.
Enroll: 2-10.com | 800.795.9595 Request Service: 2-10.com | 800.775.4736
MA_LRE.v2G.09_14
You’ll be happy to know you protected one of
life’s biggest investments with the most comprehensive
and trusted home warranty service coverage from
2-10 Home Buyers Warranty® (2-10 HBW). For seven out
of every ten homes, a system or appliance will fail during
the course of one year… so relax knowing that you’re saving
money and your home is covered from eligible, unforeseen
costly repairs.
2-10 HBW has covered over 5.5 million new and
pre-owned homes, and we have a network of authorized,
independent service contractors. One phone call, or a few
clicks online, takes care of most everything. It’s fast, it’s
easy... and we do the work.
You’ll know that there is no substitute to working with the
industry leader in home warranties.
relax, you have a home warranty with
Here’s how it works:
1.
Purchase and
review your 2-10 HBW
Home Warranty
Service Agreement.
X
3. Contact 2-10 HBW at
2-10.com or
800.775.4736.
X
2. N eed service?
Check your 2-10
HBW Home Warranty
Service Agreement
for coverage.
1
MA_LRE.v2G.09_14
4. 2-10 HBW contacts
a service contractor
to perform the
X
eligible and
authorized repair.
When is my Home Warranty Service Agreement active?
Buyer coverage begins at the close of sale and continues for one year from that date, and is
renewable annually at our option. A Service Agreement with coverage details will be sent to the
mailing address provided for the buyer, or if “Go Green” is selected, information will be sent
electronically. Payment is due at close of sale and must be received within ten working days in order
for coverage to be in force. Seller coverage is for the listing period and begins immediately upon
enrollment continuing up to 365 days, until close of sale, listing is cancelled or listing coverage has
reached expiration, whichever occurs first.
How do I request service?
Contact us at 2-10.com or 800.775.4736, 24 hours a day, 7 days a week to request service. We
will assign an authorized, independent service contractor to handle your eligible repairs. A service
contractor will schedule a time during normal business hours to diagnose and repair your covered
item; under normal circumstances, our service effort will be initiated within 48 hours. In cases of
emergency, we will expedite service and attempt to initiate service within 24 hours. An emergency
is generally defined as a service issue resulting in: 1) no electricity, gas, water or toilet facilities
to the entire home; 2) a system malfunction that causes ongoing damage to the home; 3) a
condition that immediately endangers health and safety.
h 2-10 HBW... the best in the business.
Who pays what?
A service request must be received by us during the Service Agreement period. 2-10 HBW will pay
or reimburse you for costs that have been authorized for a covered repair. Service performed
without prior authorization will not be paid. You are obligated to pay the service fee or the
5. Y ou have
actual cost to repair and/or replace, whichever is less, for each separate service call. A service call
a happily
serviced home.
means each visit by a service contractor for a single service (plumbing, electrical, appliances,
heating and air conditioning and pools/spas). The service fee is due when the service contractor
arrives at the home. You may not place a new request for service when any previous service fee is
outstanding. Certain non-covered costs, such as permits and haul away of old equipment, may be
covered for the buyer when the Supreme Protection option is purchased. Any additional work
X
performed by the service contractor, at your request, will be at your sole cost and risk.
NEW What is the 2-10 HBW Service Guarantee?
You will not be charged a new service fee if the same part that was serviced by 2-10 HBW fails
again within the term of the Service Agreement. Service performed within the last 30 days of the
Service Agreement will be guaranteed for 30 days.
MA_LRE.v2G.09_14
2
here are the details... and some options.
INCLUDED:
Centrally ducted gas, electric, oil
and gravity heating systems
3
Steam, hydronic or hot water heat systems 3
Geothermal and water source system 3
Thermostats
3
Ductwork
3
Interior gas lines
3
Centrally ducted refrigeration
Built-in microwave
3
3
systems, including heat pumps
3
Clothes washer and dryer
*
3
Geothermal and water source system
3
Dishwasher
3
*
3
Evaporative coolers and built-in
Garbage disposal
3
electric wall units
3
3
*
Range, oven, cooktop
3
Thermostats
3
Refrigerator
3
* 3
Ductwork
3
3
Trash
compactor
3
*
Upgrades related to 13 SEER regulations
3
*
Upgrades related to R410A compatibility
Supreme Protection (optional for buyer only)
regulations, including plenum modification
3
*
Filters
3
Range/oven/cooktop: clocks,
*Seller must purchase A/C and Heat Pump
rotisseries, racks, handles, knobs and
Built-in heat lamps 3
option for coverage. dials, interior lining, glass/ceramic
Permits up to $250 per Service Agreement 3
cook tops, self cleaning mechanisms
Haul away/disposal fees 3
Filters
3
and latch assemblies
Items under manufacturer’s warranty 3
Window units 3
Trash
compactor: lock and key
Improper installation/repair/modification
Refrigerant recovery 3
assemblies and removable buckets
when necessary to effect an eligible repair 3
Condensing unit pads and package unit pads 3
Kitchen refrigerator: ice makers, ice
Electrical cut-off switches 3
crushers, beverage dispensers and
EXCLUDED:
Permits up to $250 per Service Agreement 3
their respective equipment
• Coal or wood burning equipment, glycol systems,
Haul away/disposal fees 3
Built-in microwave: interior lining, clocks
fireplaces, free-standing or portable heating units,
fuel oil lines, fuel oil or propane gas storage tanks,
Items under manufacturer’s warranty 3
and shelves, turntable platforms and rollers
flue venting, outside or underground piping and
Improper installation/repair/modification
Dishwasher: racks, baskets, rollers, tub
components for geothermal and/or water source
when necessary to effect an eligible repair 3
and interior lining, hinges, springs,
systems, well pumps and well pump components
latch assemblies and soap dispensers
for geothermal and/or water source systems,
EXCLUDED:
Permits up to $250 per Service Agreement
all components of zone controlled and energy
• Water towers, humidifiers, chillers, pre-coolers,
management systems. Collapsed ductwork. Haul away/disposal fees
condensate drain lines and mini-split systems.
Seller Limit:
Items under manufacturer’s warranty
Geothermal underground piping, well pumps
• Cost to diagnose, repair and/or replace the system - $1,500.
DOLLAR LIMITS PER SERVICE AGREEMENT:
• Steam, hot water heat or hydronic system
- $1,500.
• Geothermal and water source system - $1,500.
• Concrete encased or concealed ductwork - $500.
To learn more, go to
2-10.com/heating
(and their components). Roof jacks, filters,
all components of zone controlled and energy
management systems, UV filters. Free standing units
and any type of gas units. Collapsed ductwork.
Seller Limit:
• Cost to diagnose, repair and/or replace the system - $1,500.
• Geothermal and water source system - $1,500.
• Water cooled air conditioners, high velocity and
hydronic system - $1,500.
• Concrete encased or concealed ductwork - $500.
• Refrigerant lines - $500.
2-10.com/ac
NEW
HVAC Plus (
optional for buyer only)
Perform service related to mismatched systems, components having incompatible capacity ratings on covered
system or other code violations deemed necessary to affect covered repairs and replacements to heating or
air conditioning. EXCLUDED:
• Upgrades not related to an eligible repair.
• Cost to diagnose, repair and/or replace - $1,000.
3
MA_LRE.v2G.09_14
Buyer
Option
3
Buyer
Coverage
Appliances
Seller
Coverage
Buyer
Coverage
INCLUDED, Up to two SYSTEMS:
Seller
Coverage
INCLUDED, Up to two SYSTEMS:
Buyer
Coverage
Air Conditioning and Heat Pump
Seller
Coverage
Heating
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
EXCLUDED:
• Appliances not located in the primary kitchen, with
the exception of clothes washer and dryer.
• Meat probe assemblies, outdoor glass, sensi-heat
burners will only be replaced with standard burners
for range/oven/cooktop.
• Multi-media center, racks, shelves, interior thermal
shells, food spoilage and freezers which are not an
integral part of the kitchen refrigerator.
• Door glass, portable or counter top units, trim
kits, meat probe assemblies, rotisseries for built-in
microwave.
• Plastic mini-tub, soap dispensers, filter screens,
knobs, dials, lint screen and damage to clothing.
One washer and one dryer is covered per Service
Agreement.
• Duplicate appliances.
• Built-in or sealed refrigeration units - $2,500.
2-10.com/appliances
Request service at 2-10.com or call 800.775.4736.
Follow us on:
Plumbing
Buyer Options
Faucets and faucet handles, including
shower heads and arms
Toilet wax ring seals Hose bibbs
Corrections to code violations up
to $250 per Service Agreement
Permits up to $250 per Service Agreement
Haul away/disposal fees
3
3
3
3
3
3
3
3
3
3
3
3
3
EXCLUDED:
• Filters, sewage ejector pumps, sewer grinders,
backflow preventers, drain line stoppages due to
roots, performing diagnosis with camera, fixtures,
water meters, shower enclosures, shower-base pans,
strainers, caulking, grouting, lawn sprinkler systems,
tile fields, leach beds, lift stations, any loss arising
out of a condition of mineral or chemical deposits
(except water heaters), water residue or insufficient
capacity loss arising from porcelain chipping,
cracking, dents or other externally caused physical
damages. Water heaters: oil hot water tanks or oil
storage tanks, flue venting, insufficient capacity and
solar equipment.
• Concealed/concrete encased water, gas, drain,
waste, vent piping, leaks and breaks in the
plumbing system - $1,000.
• Polybutylene piping - $1,000.
• Faucet repair and/or replacement - $150 per faucet.
• Toilet replacement, in the event of sediment/
calcium build-up - $300 per toilet.
2-10.com/plumbing
3
3
3
3
3
3
3
3
3
Permanently installed lighting fixtures
Garage door hinges, springs, remote
sending units
Built-in heat lamps Corrections to code violations up to
$250 per Service Agreement* Permits up to $250 per Service Agreement*
Haul away/disposal fees
3
3
3
3
3
3
3
EXCLUDED:
• Data wiring, meter boxes, wiring outside the
home/garage. Electronic or computerized energy
management systems, lighting fixtures that are
not hard wired or appliance management systems.
Central vacuum system ductwork and accessories,
any wiring or other electrical items located
outside the perimeter of the principal dwelling and
attached garage, or any loss due to water seepage
along service cable. Belts, shutters and filters for
attic, ceiling and exhaust fans.
• Garage doors, garage door track/rail assembly,
rollers or physical damage.
• Intercoms related to doorbells.
DOLLAR LIMITS PER SERVICE AGREEMENT
• Concealed wiring - $1,000 per incident.
WET BAR REFRIGERATOR (sold separately):
All components that affect the cooling
operation of the unit including compressor,
thermostat, condenser coil, evaporator and
defrost system
Wet bar refrigerator (up to 16 cubic feet)
Built-in wine cooler (30 bottle maximum)
Buyer
Option
3
3
3
3
3
3
3
ADDITIONAL REFRIGERATOR, BUILT-IN
NEW WINE COOLER, FREESTANDING FREEZER,
3
3
3
EXCLUDED:
• Refrigerators with more than one compressor. Multimedia center, racks, shelves, doors, glides, slides,
glass interior thermal shells, food spoilage, icemakers and freezers which are not an integral part of
the refrigerator.
• Cost to diagnose, repair and/or replace (per unit) - $500.
ROOF LEAK REPAIR:
NEW
Buyer
Option
3
3
Electrical wiring
Switches, outlets and panel
Central vacuum
Doorbell system
Burglar and fire alarm systems
Telephone wiring
Attic, ceiling and exhaust fans
Garage door opener – all parts and
components for up to three units
Buyer
Coverage
3
INCLUDED:
Seller
Coverage
Water, drain, waste or vent pipe leaks
or breaks (including polybutylene)
3
Gas and electric water heaters (including
tankless, power and direct vent units) 3
Water heater interior gas lines
3
Toilet tank, bowl, tank assembly parts
and flange
3
Built-in bathtub whirlpool motor
and pump assemblies
3
Drain line stoppages that can be
cleared with a standard sewer cable
3
Primary, permanently installed
sump pumps used for ground water
3
Pressure regulators
3
Valves: shower, tub, diverter, risers,
angle stops and gate valves
3
Buyer
Coverage
Seller
Coverage
INCLUDED:
Electrical, etc.
facebook.com/210HBW
Water leaks must occur in the roof located
over the occupied living area (excluding
garage), provided the leaks are the result of
rain and/or normal wear and deterioration
and the roof was watertight and in good
condition at the effective date of coverage.
Flashing
3
3
EXCLUDED:
• Gutters, chimneys, vent and drain lines, roofmounted installations, leaks over any deck or
balcony, or leaks which result from or are caused by
any of the following: missing and/or broken shingles
or tiles, damage due to persons walking or standing
on the roof, construction or repairs not performed in
a workmanlike manner, failure to perform normal roof
maintenance.
* Does not apply to garage door opener coverage.
2-10.com/electrical
more info to know...
At times, State and Federal agencies will pass laws, or regulations, that change what is required when replacing part, or all,
•
of a system such as heating, air conditioning, appliances or electrical. We will cover costs related to the failed item, but not
costs related to the additional government requirements. Corrections to code violations are covered up to $250 per Service
Agreement, with Supreme Protection, or when HVAC Plus is purchased.
• When replacing a system, we are responsible for installing replacement equipment and parts of similar features related to primary
function, capacity and efficiency, but not for matching dimensions, brand or color. 2-10 HBW is not responsible for matching any
feature of an existing system or appliance that does not contribute to the primary function of that system or appliance.
For more information on this, and other coverage details, see the “Terms and Conditions” on page 7 of this Service Agreement.
MA_LRE.v2G.09_14
4
Septic System:
Septic tank, ejector pump from house to septic tank, line from house to septic tank
Buyer
Option
Buyer Options Continued
Swimming Pool—freshwater/Spa Equipment:
All components and parts of the heating, pumping, pool-sweep motors and filtration
systems.
A spa, including an exterior hot tub and whirlpool, is also covered along with a
swimming pool if the units utilize common equipment. If they do not utilize common
equipment, an additional fee is required to cover the second set of equipment.
Buyer
Option
3
EXCLUDED:
• Lift stations, tile fields and leach beds, insufficient capacity, ground-level clean out, pumping,
grinder pumps. Coverage begins 30 days from date of closing.
• Cost to diagnose, repair and/or replace - $500.
3
3
Swimming Pool—saltwater/Spa Equipment:
All items listed as covered for Swimming Pool— Freshwater/Spa Equipment as well as
saltwater cell and circuit board.
Buyer
Option
EXCLUDED:
• Cleaning equipment including pop-up heads, turbo valves, creepy crawlers and the like, skimmers,
lights, jets, liners, concrete-encased, underground electrical, plumbing or gas lines, cleaning
equipment, structural defects, solar equipment, chlorinators, sanitizing system, booster pumps
for water features and energy management systems. Water chemistry control equipment and
materials, disposable filtration media, heat pump, valve actuator motor, remote control panels
switches and booster pumps for water features. All pool/spa equipment for a saltwater swimming
pool or spa, unless option purchased.
3
WATER SOFTENER:
All components and parts of domestic water softener
Buyer
Option
EXCLUDED:
• All items listed as excluded for Swimming Pool—Freshwater/Spa Equipment as well as salt, panel
box, remote controls and dials.
Well PUMP:
All components and parts of well pump if utilized for primary dwelling
Buyer
Option
3
EXCLUDED:
• Conditions of insufficient or excessive water, water filters, water purification systems and
water softening media.
3
EXCLUDED:
• Well casing, pressure tank, piping or electrical lines leading to or connecting pressure tank and
primary dwelling, holding or storage tanks and re-drilling of well, system/parts utilized for lawn
sprinkler systems. Coverage begins 30 days from date of closing.
• Cost to diagnose, repair and/or replace - $500.
2-10.com/bonus
MA_LRE.v2G.09_14 5
“Long Live
Happy Homes ”
says it all.
®
It says we are in the business of promises
kept… and promises kept make our
customers happy.
It says we have protected over 5.5 million
new and pre-owned homes.
It says we partner with thousands of the
nation’s finest real estate professionals,
home builders and service contractors who
consider our 1-year renewable systems
and appliances Home Warranty Service
Agreement the most comprehensive
protection available.
It says we relentlessly focus on reducing the
financial risks for our millions of customers.
LIVE you
HAPPY
HOMES
It says weLONG
welcome
as our
next®
happy customer.
6
ADDITIONAL TERMS OF COVERAGE: To keep the cost of this Home Warranty Service Agreement
(“Service Agreement”) affordable, we cannot cover everything. Cost limits for coverage are
identified in the trade section under the title “DOLLAR LIMITS”. Our team is available 24/7 to
answer questions and explain terms of coverage at 2-10.com or 800.775.4736.
TERMS & CONDITIONS
We provide service for covered systems and/or appliances:
1. that are located at the address shown and within the perimeter of the main foundation
of the principal residence or the attached garage. The following items are covered outside
the main foundation with applicable coverage: an exterior well pump, air conditioner, septic
system, water heater, pressure regulator, pool or spa;
2. which do not operate correctly due to normal wear and tear;
3. are in place and in good and safe working order at the beginning of the service period.
Coverage will apply to an existing defect or mechanical failure provided the defect or mechanical
failure could not have been detected by a visual inspection and a simple mechanical test. A visual
inspection of the covered item means that it is intact and without damage or missing parts that
make the item inoperable. A system or appliance is in good and safe working order if the item
functions normally without irregularity, smoke or other adverse outcome when operated.
(NOTE: Go to 2-10.com/HVAC-certification for our optional HVAC Certification program.)
4. are specified as “included” in the trade section. If a system or item is not specified as
“included” then it is not eligible for service; and
5. are located in owned or rented residential property less than 5,000 square feet (for homes between
5,000 to 10,000 square feet an additional fee is required, call for a quote) and not commercial
property or residences being used for business purposes (Commercial or business purposes include,
without limitation bed and breakfasts, daycare centers, group homes, fraternity/sorority houses,
nursing/care homes, hair salons, churches and schools). Systems and appliances located in park
model RVs, fifth wheels, motor homes, travel trailers and campers are not eligible for service.
A. Providing Service
1. No claim forms are used, but we must pre-approve service by an authorized, independent
service contractor. If an authorized service contractor is not available in your area, we will ask
that you call your preferred service contractor and request that they evaluate your problem,
but they must call us for authorization prior to performing service. Your service contractor must
be licensed and insured.
2. In some instances we may pay cash instead of performing a repair or replacement service,
when: (i) the cost of completing a repair or replacement exceeds the stated “DOLLAR LIMIT”; or
(ii) even after repair or replacement, the system or appliance remains non-compliant with laws,
regulations or code requirements; or (iii) the system or appliance is subject to a manufacturer’s
recall for a defect unrelated to the covered breakdown.
a. If we elect payment, the amount will equal the lesser of: (i) what the ordinary customer
would pay after negotiating the best price for such services in your area and without the
benefits of this Service Agreement; or (ii) the amount we would pay for parts and labor for
covered service based upon our contracts with authorized service contractors (this amount is
usually less than retail cost or your actual cost); or (iii) the “DOLLAR LIMIT” reduced by the
service fee paid to the service contractor by you.
b. We are not obliged to extend such an offer in any particular instance. Such offers are typically made
subject to restrictions. Some or all of such a payment may be made to you or a service contractor. We
are not responsible for work performed by you when cash has been paid in lieu of services.
B. Limitations of Liability
1. We solely determine whether covered systems or appliances and their components will be repaired
or replaced. When replacing a system, we are responsible for installing replacement equipment and
parts of similar features related to primary function, capacity and efficiency, but not for matching
dimensions, brand or color. We are not responsible for matching any feature of an existing system
or appliance that does not contribute to the primary function of that system or appliance. Except
for 13 SEER coverage and R410A compatibility upgrades and code violations as outlined in number
3, we are not responsible or liable to upgrade equipment, components or parts due to: (a) the
incompatibility of the existing systems and appliances with the replacement system, appliance or
component thereof; (b) any type of chemical or material needed to run the replacement systems,
appliance or component including, but not limited to, differences in technology, refrigeration
requirements or efficiency; or (c) mandates by federal, state or local governments.
2. When replacement of systems or appliances of identical dimensions are not readily
available, we are responsible for installation of replacement equipment, but not for the cost of
construction or carpentry needed because of different dimensions.
3. We do not correct to bring into compliance, nor pay for corrections of violations of building,
fire, zoning code or local ordinances or state and federal laws or regulations unless for specific
covered systems and appliances. Corrections to code violations are covered up to $250 per
Service Agreement, with Supreme Protection, or when HVAC Plus is purchased. We do not
perform verification and/or diagnostic testing of ductwork the sealing of ductwork and
associated repair costs.
4. We are not obligated to perform if required permits or approvals cannot be obtained. We are
liable for the costs of permits up to $250 per Service Agreement only if the Supreme Protection
option is purchased.
5. We are not liable for incidental, indirect, special, punitive or consequential damages or for
bodily/personal injury or property damage.
6. When it is necessary to open walls, floors or ceilings to perform a covered service, we will
pay for restoration of surfaces to a rough finish only such as patch, tape, mud and/or sand.
7. We are not responsible for the repair of any cosmetic defects, smells, noises or for the cost
of cleaning any parts or equipment.
8. There is no coverage for any loss or damage that is caused or made worse by any of the following
causes (whether acting alone or in sequence or concurrence with any other cause or causes): misuse
or abuse, missing parts, structural shifting, structural changes, fire, freezing, electrical failure, electrical
surge, water damage, water failure, lightning, mud, earthquake, soil or foundation movement, storms,
accidents, pest damage, pet damage, mold, mildew, rot, fungus, war, terrorism, acts of God, actual,
alleged or threatened discharge, seepage, release or escape of any solid, liquid, gaseous or thermal
irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste,
including but not limited to: the leaching of sulfur dioxide from Chinese manufactured drywall.
9. We are not liable for failure to provide timely service due to conditions beyond our control; including
but not limited to, delays in obtaining parts, equipment, weather delays or labor difficulties.
7
MA_LRE.v2G.09_14
10. We do not remove any hazardous materials including asbestos; do not transport or store any
hazardous materials; and do not perform any repairs where there is environmental contamination
or if such repairs would cause contamination. We do not pay charges or fees to dispose of an
appliance, system or component, including, but not limited to: condensing units, evaporator
coils, compressors, capacitors, refrigerators, freezers, water heaters and any system/appliance
which contains dangerous or hazardous materials. If noted for specific covered systems and
appliances, haul away fees are covered if the Supreme Protection option was purchased.
11. Costs to repair failures due to inadequate capacity, manufacturer’s recall, improper design, improper
previous repair, problems caused by alterations or modifications, will be at homeowner’s expense.
Correction of improper installations or correction of mismatched equipment will be at homeowner’s
expense, except as part of Supreme Protection when necessary to effect an eligible repair. We do not
repair items under the manufacturer’s warranty unless the Supreme Protection option is purchased.
12. We do not repair or replace systems or appliances classified as commercial by the
manufacturer, or heating and air conditioning systems over five tons.
13. The maximum aggregate liability for all claims is $25,000.00.
14. We reserve the right to obtain an additional opinion at our expense.
15. You are responsible for additional charges to remove or install non-related equipment in
order to make repairs.
16. You are responsible for cleaning and/or maintaining as specified by the equipment manufacturer.
C. Lease Option Homes
Service coverage for a home subject to a lease-purchase contract is available for the lessee only.
D. Condominiums and Multi-Family Units
1. Each unit in a duplex, triplex or fourplex must have a separate Service Agreement otherwise
service will not be provided for common systems and appliances. The same options must be
purchased for each dwelling unit.
2. If the service request is for a dwelling unit within a building of five or more units, then
only systems and appliances specific to the covered unit will be covered. Common grounds and
facilities are excluded.
E. Renewals and Transfer of Agreement
1. This Service Agreement may be renewed at our option and where permitted by state law. In
that event, you will be notified of the terms, conditions and rate of the offer. Service Agreement
payment plans may be available and have an administrative processing and handling fee not to
exceed 10%.
2. If the covered home is sold during the term of this Service Agreement, you may transfer
coverage to the next homeowner by notifying us at 800.795.9595.
F. Cancellation or Termination
The Provider is the responsible party for honoring cancellation requests. You may cancel this
Service Agreement at any time and is non-cancelable by us (send your written request to us at
[email protected]), except for:
1. Fraud or material misrepresentation concerning any covered item or any other facts related
to this Service Agreement.
2. Nonpayment of fees.
3. When the service period is during the listing period and close of sale does not occur or upon
mutual agreement between you and us.
4. If you harm or threaten the safety or well-being of 2-10 HBW, any employee of 2-10 HBW, a
Service Contractor, or any property of 2-10 HBW or of the Service Contractor.
If you cancel this Buyer’s Agreement, you shall be entitled to a pro-rata refund of the paid Service
Agreement fee for the unexpired term less service cost(s), any other unpaid charges and a $25
processing fee. Virginia Residents: Service cost(s) and $25 processing fee will not be deducted.
MONEY BACK GUARANTEE: If you are not satisfied within the first thirty days of the service
period, you may request cancellation in writing, and we will return the full purchase price less
service cost(s), any other unpaid charges and a $25 processing fee to the party purchasing
the Service Agreement. Virginia Residents: Service costs and $25 processing fee will not be
deducted. Upon return of the Service Agreement, refund or credit shall be performed within 45
days, or subject to a 10% penalty per month.
G. DISPUTES
We handle every claim separately. This means we review the unique cause(s) of your claim. We
rely on the information you provide to our customer service representative about your system
or appliance, and the information provided by the service contractor that inspects and repairs
equipment failures within the Terms & Conditions of this Service Agreement. In the event you do
not agree with our determination, we will engage in a commercially reasonable dispute resolution
process of our choice but both you and we agree that your unique situation is not to be resolved
in combination with any other homeowner that has a Home Warranty Service Agreement.
H. State Disclosures
This Limited Service Agreement is administered and obligated by Home Buyers Resale Warranty
Corporation d/b/a 2-10 Home Buyers Warranty (the “Provider,” “us,” and “we”). The Service
Agreement holder is referred to as “you.” Obligations of the Provider under this Service
Agreement are backed by full faith and credit of the Provider (issuer) and are not guaranteed
under an Agreement Reimbursement Insurance Policy.
Virginia Residents: This Limited Service Agreement is administered and obligated by 2-10
Home Buyers Warranty of Virginia, Inc. (the “Provider,” “us,” and “we”). The Service Agreement
holder is referred to as “you.” Obligations of the Provider under this Service Agreement are
backed by full faith and credit of the Provider (issuer) and are not guaranteed under an
Agreement Reimbursement Insurance Policy. THIS SERVICE AGREEMENT IS SUBJECT TO LIMITED
REGULATION BY THE OFFICE OF THE COMMISSIONER FOR INSURANCE. If you’re unable to contact
or obtain satisfaction from the Provider you may contact the Commissioner via: Commissioner
of Insurance P.O. Box 1157, Richmond, Virginia 23218 or 800.552.7945.
I. Real and Personal Property
The price of the real property items and services is valued at 94% of the total contract price and
the price of the personal property items and services is valued at 6% of the total contract price.
yes, I’m happy to sign up!
Order online at 2-10.com
or call 800.795.9595.
1. Property to be Covered
6. Seller’s and Buyer’s Agent Information
Address______________________________________________________
Service Agreement Being Purchased By:
c Seller c Buyer c Other
City___________________________ State___________ Zip____________
2. Select your Service Agreement (select one)
Note: For guest homes or casitas, homes over 5,000 square feet or homes with 5 or more
units, call for a quote.
SELLER’S AGENT INFORMATION
Agent Name___________________________________________________
Real Estate Office______________________________________________
Single-Family Home (under 5,000 square feet)
______ $390 Seller/Buyer Coverage with $100 Service Fee -OR______ $430 Seller/Buyer Coverage with $75 Service Fee
Phone #______________________________________________________
Condo/Townhome
______ $370 Seller/Buyer Coverage with $100 Service Fee -OR______ $410 Seller/Buyer Coverage with $75 Service Fee
BUYER’S AGENT INFORMATION
Multi-Family Home
Buyer Coverage with $100 Service Fee
______ $740 Duplex ______ $1,110 Triplex ______ $1,480 Fourplex -ORBuyer Coverage with $75 Service Fee
______ $820 Duplex ______ $1,230 Triplex ______ $1,640 Fourplex
Real Estate Office_______________________________________________
3. Select Additional Seller Options
Name____________________________________ Fax #________________
______ $70
Address______________________________________________________
A/C and Heat Pump for the Seller (included for Buyer)
4. Select Additional Buyer Options
______ $40
______ $40
NEW ______ $40
______ $40
W
E
N ______ $99 ______ $100 NEW
______ $50 ______ $99 ______ $160 ______ $350 ______ $160 ______ $80 ______ $80 Additional Refrigerator
Built-In Wine Cooler
Freestanding Freezer
Wet Bar Refrigerator
HVAC Plus
Roof Leak Repair
Septic System
Supreme Protection
Swimming Pool—Freshwater/Spa Equipment
Swimming Pool—Saltwater/Spa Equipment
Swimming Pool—Additional Equipment
Water Softener
Well Pump
$ _______________ Total PRICE (Due at Close of Sale)
Sales tax may apply. The above charges for the principal unit and additional units
include the full amount of all fees, if any, payable to the real estate broker and its
agents for processing, administering and advertising. Payment can be made by check or
credit card. Payments outside of closing are accepted.
5. Home Seller(s) and Buyer(s) Information
Seller(s) Name________________________________________________
Phone #___________________ Email_____________________________
Buyer(s) Name________________________________________________
Phone #___________________ Email_____________________________
Go Green – Go Paperless
Simplify and receive your confirmation and download your
Home Warranty Service Agreement electronically.
c Yes – I want to switch to paperless (be sure to provide email above)
Email_________________________________________________________
Agent Name____________________________________________________
Phone #______________________________________________________
Email________________________________________________________
Closing Agency/Title Company
Closing Date__________________ File #____________________________
Email________________________________________________________
7. Sign
Seller, by signing below, acknowledges that he or she has read this Home Warranty
Service Agreement, including all terms and conditions. The seller hereby represents
that known pre-existing defects have been declared to the buyer and that all items
for which coverage is provided are in satisfactory operating condition.
Buyer, by signing below, acknowledges that he or she has read this Home
Warranty Service Agreement, including all terms and conditions, and understands
that the Service’s obligation to perform hereunder is conditional upon the
truth and accuracy of statements made in these declarations and upon full
performance hereunder by the seller and buyer. BOTH PARTIES AGREE THAT THE
OBLIGATIONS HEREUNDER FOR REPAIR OR SERVICE ARE SOLELY THOSE OF THE
SERVICE AND NOT THE OBLIGATIONS OF ANY REAL ESTATE FIRM. THE PURCHASE
OF A RESIDENTIAL HOME WARRANTY SERVICE AGREEMENT IS OPTIONAL AND
SIMILAR COVERAGE MAY BE PURCHASED THROUGH OTHER RESIDENTIAL SERVICE
COMPANIES OR INSURANCE COMPANIES AUTHORIZED TO TRANSACT BUSINESS.
c I accept to purchase coverage
c WAIVER: After being advised of the benefits and costs of this Service Agreement, we decline coverage. We agree to hold the Broker and/or
Agent harmless if there is later a failure that would have been covered
under the Service Agreement.
Seller Signature________________________________ Date____________
Buyer Signature________________________________ Date____________
8. Order Your Home Warranty Service
Agreement!
Confirmation #_____________________________________________
Order online: 2-10.com Phone: 800.795.9595 Fax: 800.331.2699
Make checks payable to: Home Buyers Resale Warranty Corporation
PO Box 952848, St. Louis, MO 63179-2848
MA_LRE.v2G.09_14
8
LONG LIVE HAPPY HOMES
relax, you’re covered...
Seller Coverage
2-10 HOME BUYERS WARRANTY
COVERED ITEMS:
Air Conditioning & Heat Pump (up to two systems)
Attic, Ceiling and Exhaust Fans
Built-In
Whirlpool
Motor
LONG
LIVEBathtub
HAPPY
HOMES
® and Pump
Built-In Microwave Dishwasher
Doorbell System
Drain Line Stoppages
Electrical Switches and Receptacles
Electrical Wiring
Fire and Burglar Alarms
Fuse Panels and Circuit Breaker Panels
Garage Door Openers (up to three)
Garbage Disposal
Heating System (up to two systems)
Permanently Installed Sump Pump
Plumbing System
Range, Oven and Cooktop
Refrigerator
Steam or Hot Water Heat Systems
Telephone Wiring
Thermostats (all types) Toilet Assembly Parts
Trash Compactor
Washer/Dryer
Water Heaters (multiple units)
Seller coverage is complimentary,
where allowed by law, and requires
a commitment to purchase this Home
Warranty Service Agreement for the buyer.
Buyer Coverage
$390 $430
$100 Service Fee
$70 option
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
buyer only
3
$75 Service Fee
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
3
delight knowing you have these buyer options...
Additional Refrigerator, Built-In Wine Cooler, Freestanding Freezer, Wet Bar Refrigerator (sold separately)
HVAC Plus
Roof Leak Repair
Septic System
Supreme Protection
Swimming Pool—Freshwater/Spa Equipment Swimming Pool—Saltwater/Spa Equipment
Swimming Pool—Additional Equipment Water Softener Well Pump
NEW
$40
$99
$100
$50
$99
$160
$350
$160
$80
$80
Enroll: 2-10.com | 800.795.9595 Request Service: 2-10.com | 800.775.4736
MA_LRE.v2G.09_14
SHOWING FORM
SELLER PREFERRED SHOWING
INSTRUCTIONS
Address: __________________________________________________________________________
__________________________________________________________________________
Instructions: ☐ Go & Show (No Confirmation)
☐ Apt. Required (Confirm w/ Any)
☐ Apt. Required (Confirm w/ All)
☐ Courtesy Call
☐ Refer to Listing Agent
Contacts for
Showing:
Notify By:
Name: ________________________________________________________________
Name: ________________________________________________________________
☐ Text ______________________________ Number
☐ Email _______________________________ Address
☐ Phone ___________________________ Number
Lockbox Code: _________________ Alarm Info: ____________________________________
Special Instructions: ________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
REV 10.15
Charac. Copy: Version 1a
NEWSPAPER
AD COPY: LISTING
CHARACTER COUNT
10/1/15
DATE SUBMITTED:__________________
ADDRESS:________________________________________________________________________________________________________________________________
MUNICIPALITY:_________________________________________________________________________________________________________________________
AGENT NAME:__________________________________________________________BRANCH OFFICE:_____________________________________
PRICE:______________________________________________________________________________________________________________________________________
CHARACTER COUNT: NEWSPAPER PROPERTY LISTING: 200 •
MAGAZINE PROPERTY LISTING: 240
TYPE OR PRINT YOUR LISTING COPY HERE:
OPEN HOUSE AD COPY: (INCLUDE DIRECTIONS AS PART OF CHARACTER COUNT TOTAL)

Consolidated Forms

Transcription

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