HomeMy WebLinkAbout13 Real Estate Listing Agenda Item # 13
Public Utility District
ACTION
To: Board of Directors
From: Kathleen Neus
Date: March 18, 2009
Subject: Change of Provider for Real Estate Listing Services
1. WHY THIS MATTER IS BEFORE THE BOARD
In March of 2007, the Board appointed Kappy Mann and Jennifer Boehm of Coldwell Banker
as the District's realtors as it pertains to the Glenshire Drive property.
2. HISTORY
Kappy Mann and Jennifer Boehm have been the District's realtors for the past two years as it
pertains to the Glenshire Drive properties. Kappy and Jennifer have actively marketed the
property and have entered into many escrows with the properties on Glenshire Drive.
The District's contract with Kappy and Jennifer expires December 6, 2009.
3. NEW INFORMATION
During the two years that Kappy and Jennifer have been the District's realtors, they have been
affiliated with Caldwell Banker. Kappy and Jennifer are ending their affiliation with Caldwell
Banker on March 13, 2009 and are moving to Keller Williams Realty.
In order to retain Kappy and Jennifer as the District's realtors as it pertains to the Glenshire
Drive property, the Board will need to cancel the contract with Caldwell Banker and open a
new Listing Agreement with Keller Williams Realty.
As the property comes with its own special circumstances staff recommends that the District
remain with Kappy and Jennifer as the two have amassed a significant body of knowledge
with respect to this property.
Attached:
1) Letter from Kappy Mann and Jennifer Boehm
2) Cancellation Notice
3) Listing Agreement
4. FISCAL IMPACT
There is no direct fiscal impact associated with this action.
5. RECOMMENDATION
1) Cancel the current contract with Caldwell Banker.
2) Enter into a new Listing Agreement with Keller Williams Realty retaining Kappy Mann and
Jennifer Boehm as the District real estate agents as it pertains to Glenshire Drive.
Michael D. Holley
General Manager
March 11,2009
Kathy Neus, Project Manager
Michael Holley,General Manager
Members of the Board of Directors
Truckee Donner PUD
P.O.Box 309
Truckee, CA 96160
RE: 14630 Glenshire Drive
Ladies and Gentlemen,
This is by way of letting you know that Jennifer Boehm and I have decided to move our
real estate licenses to the Keller Williams office in Truckee. We have decided that now
is a good time to move to this brokerage and that the opportunity afforded us is
something that we cannot resist. Keller Williams currently holds the#1 spot in market
share in our community and since we have the choice,why wouldn't we want to be on
the winning team?
We are really excited about this move and want all of our clients to accept it with open
arms. We would hope that you would choose to move with us to this new opportunity.
To that end we are enclosing here the following documents to be signed:
1) Cancellation of listing with Coldwell Banker;
2) New Listing Agreement with Keller Williams.
Please let us know if you want us to be at the meeting on Wednesday March 18`1'to
answer any questions you may have.
Thank you so much for your continued support and cooperation.
Sincerely,
Kappy Mann chi Jennife oehm
Owned And Operated By NRT LLB;,
CANCELLATION OF LISTING
(C.A.R. Form COL,Revised 4/08)
("Broker")has entered into a
written Residential Listing Agreement(or, if checked,❑Lease Listing,O Other )
dated A2XA1 30, a007 ("Listing"),with ("Principal"),
regarding the real property or manufactured home described as: 14620 a' CA
("Property").
Broker and Principal agree to cancel the Listing and terminate their agency relationship,duties and responsibilities with and
to each other, subject to the terms and conditions specified below.
1. (If checked) O Principal agrees to pay Broker the amount of compensation specified in the Listing:
(A) If, prior to the end of the specified Listing Period or any extension, Principal enters into a contract to sell,
convey, lease or otherwise transfer the Property; or
(B) If, during the period specified after expiration of the Listing Period or any extension, Principal enters into a
contract to sell, convey, lease or otherwise transfer the Property to any person named below, or that person's
related entity,who, after the commencement of the Listing and prior to this cancellation, (i)physically entered and
was shown the Property by Broker or a cooperating broker, or (ii) submitted to Seller a signed, written offer to
acquire, lease, exchange or obtain an option on the Property:
(C) In the event of a transaction specified in A or B above, Broker has no obligation to represent Principal in such
transaction.
(D) Compensation is payable on close of escrow or, if completion of the transaction is prevented by default of
Seller, on Seller's default.
OR 2. (if checked) ❑ Principal agrees to pay Broker %of the compensation specified in the Listing:
(A) If: (i) prior to the end of the specified Listing Period or any extension, Principal enters into a listing agreement
for the sale or lease of the Property with another real estate broker;and (ii) Principal enters into a contract to sell,
convey,lease or otherwise transfer the Property during the specified Listing Period.
(B) Principal agrees to notify the other real estate broker of the compensation obligation of this paragraph and to
pay Broker such compensation upon close of escrow.
(C) Compensation is payable on close of escrow or, if completion of the transaction is prevented by default of
Seller, on Seller's default.
OR 3. (If checked) ❑Principal agrees to pay Broker$ , for out-of-pocket expenses, costs
incurred and services rendered in marketing the Property prior to cancellation of the Listing.
OR 4. (If checked) ®Principal owes no compensation to Broker.
OR 5. (If checked) ❑Other
Other than as provided herein, Broker and Principal mutually release each other from all obligations under the Listing and
from all claims,actions and demands that each may have against the other by reason of the Listing.
I acknowledge that I have read and understand this Cancellation of Listing and have received a copy.
Principalvn Date
Real Estate Broker(Firm) C Date
By(Broker/Office Manager)
The copyright laws of the United States(ritle 17 U.S.Code)forbid the unauthorized reproduction of this form,or any portion thereof,by photocopy machine or any other means,
including facsimile or computerized formats.Copyright 0 2005-2008 CALIFORNIA ASSOCIATION OF REALTORS@,INC.ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROILER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This forth is avallabis for use by the entire real estate industry.It is not intended to identify the user as a REALTORO,REALTORS is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSe who subscribe to its Code of Ethics.
Published and Distributed by:
„ REAL ESTATE BUSINESS SERVICES,INC.
a subsidiary of the Califomia Association of REALTORS® �d _
525 South Virgil Avenue,Los Angeles,California 90020 [Reviewed by Date
COL REVISED 4f08(PAGE 1 OF 1)Print Date Rev oE1°w"rpo TYM�ITY
CANCELLATION OF LISTING (COL PAGE 1 OF 1)
Agent.
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CALIFORNIA DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
4k ASSOCIATION (As required by the Civil Code)
NOF R E A L T O R S O (C.A.R.Form AD,Revised 4f06)
When you enter into a discussion with a real estate agent regarding a real estate transaction,you should from the outset understand what type of agency
relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the
following affirmative obligations:
To the Seller:
A Fiduciary duty of utmost care,integrity,honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller.
(a) Diligent exercise of reasonable skill and care In performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to,or within the
diligent attention and observation of,the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
BUYER'S AGENT
A selling agent can,with a Buyer's consent,agree to act as agent for the Buyer only.In these situations,the agent is not the Seller's agent,even if by
agreement the agent may receive compensation for services rendered,either in full or in part from the Seller.An agent acting only for a Buyer has the
following affirmative obligations:
To the Buyer:
A fiduciary duty of utmost care,integrity,honesty and loyalty In dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care In performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c.1 A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of,the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
transaction,but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation,the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care,integrity,honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer,the agent may not,without the express permission of the respective party,disclose to the other party that the Seller
will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests.You
should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate.If legal or tax advice is desired,consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction.The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form.You should read
its contents each time it is presented to you,considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form Includes the provisions of Sections 2079.13 to 2079.24,inclusive,of the Civil Code set forth on page 2.Read it carefully.
IIWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK(OR A
SEPARATE PAGE).
❑Buyer M Seller ❑Landlord ❑Tenant Date
❑Buyer 0 Seller ❑Landlord ❑Tenant Date
g s>as v DIRE Lic.#
Agent a Real Estate Broker(Firm)
By DRE Lic.# Date
(Salesperson or Broker-Associate)
THIS FORM SHALL BE PROVIDED AND ACKNOWLEDGED AS FOLLOWS(Civil Code§2079.14):
•When the listing brokerage company also represents Buyer,the Listing Agent shall have one AD form signed by Seller and one signed by Buyer.
•When Buyer and Seller are represented by different brokerage companies,the Listing Agent shall have one AD form signed by Seller and the Buyer's
Agent shall have one AD form signed by Buyer and one AD form signed by Seller.
The copyright laws of the United States(Title 17 U.S.Code)forbid the unauthorized reproduction of this form,or anyy portion thereof,by photocopy machine or any other means,
including facsimile or computerized formats.Copyright 01991-2008,CALIFORNIA ASSOCIATION OF REALTORSS,INC.ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry.It is not intended to Identify the user as a REALTORS.REALTORS is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code of Ethics.
Published and Distributed by:
L
REAL ESTATE BUSINESS SERVICES,INC.
a aksFdlsy,of Me California Assodabon o►REALTORS& Reviewed by Date [auareurnc
• 525 South Virgil Avenue,Los Angeles,California 90020 owe WTI'
AD REVISED 4106(PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 1 OF 2)
Agent. : -x Phone _ Fax: Prepared using WINForms®software
Broker.
CIVIL CODE SECTIONS 2079.13 THROUGH 2O79.24(2079.16 APPEARS ON THE FRONT)
2079.13 As used in Sections 2079.14 to 2079.24,inclusive,the following terns have the following meanings:
(a)"Agent"means a person acting under provisions of title 9(commencing with Section 2295)in a real property transaction,and includes a person who is
Illoensed as a real estate broker under Chapter 3(commencing with Section 10130)of Part 1 of Division 4 of the Business and Professions Code,and under
whose license a listing is executed or an offer to purchase is obtained.(b)"Associate licensee"means a person who is licensed as a real estate broker or
salesperson under Chapter 3(commencing with Section 10130)of Part I of Division 4 of the Business and Professions Code and who is either licensed
under a broker or has entered into a written contract with a broker to act as the brokers agent in connection with acts requiring a real estate license and to
function under the brokers supervision in the capacity of an associate licensee.The agent in the real property transaction bears responsibility for his or her
associate licensees who perform as agents of the agent.When an associate licensee owes a duty to any principal,or to any buyer or seller who is not a
principal,in a real property transaction,that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions.(c)
"Buyer"means a transferee in a real property transaction,and includes a person who executes an offer to purchase red property from a seller through an
agent, or who seeks the services of an agent In more than a casual, transitory, or preliminary manner,with the object of entering into a real property
transaction."Buyer"Includes vendee or lessee.(d)"Dual agent"means an agent acting,either directly or through an associate licensee,as agent for both
the seller and the buyer In a real property transaction.(a)"Listing agreement"means a contract between an owner of real property and an agent,by which
the agent has been authorized to sell the real property or to And or obtain a buyer.(f)"Listing agent'means a person who has obtained a listing of real
property to act as an agent for compensation.($)"Listing price"is the amount expressed in dollars specified in the listing for which the seller is willing to sell
the real property through the listing agent.(h) Offering price"Is the amount expressed in dollars specified in an offer to purchase for which the buyer is
willing to buy the real property. (1)"Offer to purchase"means a written contract executed by a buyer acting through a selling agent which becomes the
contract for the sale of the real property upon agogptance by the seller.0)"Real property"means any estate specified by subdivision(1)or(2)of Section
761 in property which constitutes or is improved with one to four dwelling units,any leasehold in this type of property exceeding one year's salonsduration,and
mobile homes,when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.
(k)"Real property transaction"means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that
transaction,and includes a listing or an offer to purchase.(9"Sell,""sale, or sold'refers to a transaction for the transfer of real property from the seller to
the buyer,and includes exchanges of real property between the seller and buyer,transactions for the creation of a real property sales contract within the
meaning of Section 2985,and transactions for the creation of a leasehold exceeding one year's duration.(m)"Seller"means the transferor in a real property
transaction,and includes an owner who lists real property with an agent,whether or not a transfer results,or who receives an offer to purchase real property
of which he or she is the owner from an agent on behalf of another."Seller"includes both a vendor and a lessor.(n)"Selling agent"means a listing agent
who acts alone,or an agent who acts in cooperation with a listing agent,and who sells or finds and obtains a buyer for the real proper or or an agent who
locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the sel(er. o)"Subagent"
means a person to whom an agent delegates agency powers as provided in Article 5(commencing with Section 2349)of Chapter 1 of Title 9.However,
"subagent"does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.
2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure forth specified in
Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as
provided in this section or Section 2079.16,as follows:(a)The listing agent,if any,shall provide the discosure form to the seller prior to entering into the
listing agreement.(b)The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to
purchase,unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision(a).(c)Where the selling agent
does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be famished to the seller (and
acknowledgement of receipt obtained for the selling agent from the seller)by the listing agent,or the selling agent may deliver the disclosure form by
certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d1 The selling
agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyers offer to purchase,except that I the offer to
purchase is not prepared by the selling agent,the selling agent shall present the disclosure form to the buyer not later than the next business day after the
selling agent receives the offer to purchase from the buyer.
20711.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14,the agent, or an
associate licensee acting for an agent,shall set forth,sign,and date a written declaration of the facts of the refusal.
2079.17(a)As soon as practicable,the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction
exclusively as the buyers agent,exclusively as the seller's agent,or as a dual agent representing both the buyer and the seller.This relationship shall be
confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller,the buyer,and the selling agent
prior to or coincident with execution of that contract by the buyer and the seller,respectively.(b As soon as practicable,the listing agent shall disclose to
the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent,or as a dual agent representing both the buyer
and seller.This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the
seller and the listing agent prior to or coincident with the execution of that contract by the seller.
(c)The confirmation required by subdivisions(a)and(b)shall be in the following form.
(DO NOT COMPLETE,SAMPLE ONLY) is the agent of(check one): ❑the seller exclusively;or ❑both the buyer and seller.
(Name of Listing Agent)
(DO NOT COMPLETE,SAMPLE ONLY) is the agent of(check one):❑the buyer exclusively;or❑the seller exclusively; or
(Name of selling Agent it not the same as the Listing agent) ❑both the buyer and seller.
(d)The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14.
2079.18 No selling agent in a real property transaction may act as an agent for the buyer only,when the selling agent is also acting as the listing agent in
the transaction.
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or
commission paid,or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction,and the terms of
any such agreement shall not necessarily be determinative of a particular relationship.
20119.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not
specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price,without the express
written consent of the seller.A dual agent shall not disclose to the seller that the buyer is willing to pa a price greater than the offering price,without the
express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to
confidential information other than price.
2079.22 Nothing in this article precludes a listing agent from also being a selling agent,and the combination of these functions in one agent does not,of
itself,make that agent a dual agent.
2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the
act which is the object of the agency with the written consent of the parties to the agency relationship.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,
subagents,and employees or to relieve agents and their associate licensees,subagents,and employees from liability for their conduct in connection with
acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
Seller'slLandlord Initials{ )( )
Copyright®1981-2008,CALIFORNIA ASSOCIATION OF REACTORS®,INC.
BuyerslTenanrs Initials( )( )
AD REVISED 4i06(PAGE 2 OF 2) Reviewed by Date or ro r
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP(AD PAGE 2 OF 2) PUD
CAL I F O II;N I A DISCLOSURE AND CONSENT FOR
ASSOCIATION REPRESENTATION OF MORE THAN ONE
OF AEALT.OASO BUYER OR SELLER
(C.A.R.Form DA,11106)
A real estate broker, whether a corporation, partnership or sole proprietorship, ("Broker") may represent more than one
buyer or seller provided the Broker has made a disclosure and the principals have given their consent. This multiple
representation can occur through an individual licensed as a broker or through different associate licensees acting for the
Broker.The associates licensees may be working out of the same or different office locations.
Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time.
These prospective buyers may have an interest in, and make offers on,the same properties. Some of these properties may
be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any
particular property whether or not Broker represents other buyers interested in the same property.
Broker(individually or through its associate licensees) may have listings on many properties at the same time.As a result,
Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same
prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers
may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether
or not Broker has another or other listed properties that may appeal to the same prospective buyers.
Buyer and Seller understand that Broker may represent more than one buyer or seller and even both buyer and seller on
the same transaction
If Seller is represented by Broker, Seller acknowledges that Broker may represent prospective buyers of Seller's property
and consents to Broker acting as a dual agent for both Seller and Buyer in that transaction.
If Buyer is represented by Broker, Buyer acknowledges that Broker may represent sellers of property that Buyer is
interested in acquiring and consents to Broker acting as a dual agent for both Buyer and Seller with regard to that property.
In the event of dual agency, Seller and Buyer agree that: (a) Broker, without the prior written consent of the Buyer,will not
disclose to Seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written
consent of the Seller, will not disclose to the Buyer that Seller is willing to sell property at a price less than the listing price;
and (c) other than as set forth in (a) and (b) above, a Dual Agent is obligated to disclose known facts materially affecting
the value or desirability of the property to both parties.
NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence,terms, or
conditions of Buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any
such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice
in the real estate community,the Listing Agent's marketing strategy and the instructions of the Seller.
Seller and/or Buyer acknowledges reading and understanding this Disclosure and Consent for Representation of
More han One Buyer or Seller and agree to the dual agency possibility disclosed.
Seller❑Buyer Date
❑Seller❑Buyer Date
Real Estate Broker(Firm) ty- Date
By
The copyright laws of the United States(Title 17 U.S.Code)forbid the unauthorized reproduction of this form,or any portion thereof,by photocopy machine or any other means,
including facsimile or computerized formats.CopyrightO 1991-2006,CALIFORNIA ASSOCIATION OF REALTORSS,INC.ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS(CAR.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry.It is not intended to identify the user as a REALTORS.REALTORS is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORSS who subscribe to its Code of Ethics.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES,INC.
a subsidiary of the Callibmia Association of REALTORS® Reviewed by Date
The'ydem'Wfor Suwm- 525 South Virgil Avenue,Los Angeles,California 90020
DA 11106(PAGE 1 OF 1)
REPRESENTATION OF MORE THAN ONE BUYER OR SELLER(DA PAGE 1 OF 1)
lR
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C A L I FOR N I A RESIDENTIAL LISTING AGREEMENT
ASSOCIATION (Exclusive Authorization and Right to Sell)
OF REACTORS-� C.A.R.Form RLA,Revised 2109)
1. EXCLUSIVE RIGHT TO SELL: ("Seller")
hereby employs and grants v ("Broker")
beginning(date) -^i � and ending at 11:59 P.M.on(date) tyf 5 r —C (Listing Period")
the exclusive and irrevocable right to sell or exchange the real property in the City of
County of ,Assessor's Parcel No.
California,described as: ("Property"}.
2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that
are attached to the Property are included,and personal property items are excluded,from the purchase price.
ADDITIONAL ITEMS EXCLUDED:
ADDITIONAL ITEMS INCLUDED:
Seller intends that the above items be excluded or included in offering the Property for sale, but understands that: (i)the purchase
agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included In the
sale; and(ii)Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the purchase
agreement.
3. LISTING PRICE AND TERMS:
A. The listing prig shall be:
Dollars ( )•
B. Additional Terms:
4. COMPENSATION TO BROKER:
ions is not
Notice: The amount or rate of real estate commiss fixed by law. They are set by each Broker
individually and may be negotiable between Seller and Broker (real estate commissions include all
compensation and fees to Broker).
A. Seller agrees to pay to Broker as compensation for services irrespective of agency relationship(s),either , percent
of the listing price(or if a purchase agreement is entered into,of the purchase price),or❑$ ,
AND as folbws:
(1) If during the Listing Period, or any extension, Broker, Seller, cooperating broker, or any other person procures a buyer(s)
who offers to purchase the Property on the above price and terms, or on any price and terms acceptable to Seller. (Broker
is entitled to compensation whether any escrow resulting from such offer closes during or after the expiration of the Listing
Period.)
OR (2) If within calendar days(a)after the end of the Listing Period or any extension;or(b)after any cancellation
of this Agreement, unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the
Property to anyone ("Prospective Buyer") or that person's related entity: (1) who physically entered and was shown the
Property during the Listing Period or any extension by Broker or a cooperating broker; or (IQ for whom Broker or any
cooperating broker submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the
Property. Seller, however, shall have no obligation to Broker under paragraph 4A(2)unless,not later than 3 calendar days
after the end of the Listing Period or any extension or cancellation,Broker has given Seller a written notice of the names of
such Prospective Buyers.
OR (3) If, without Broker's prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise
transferred,or made unmarketable by a voluntary act of Seller during the Listing Period,or any extension.
B. if completion of the sale is prevented by a party to the transaction other than Seller,then compensation due under paragraph 4A
shall be payable only if and when Seiler collects damages by suit, arbitration, settlement or otherwise, and then in an amount
equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow
expenses and the expenses of collection,if any.
C. In addition,Seller agrees to pay Broker:
D. Seller has been advised of Broker's policy regarding cooperation with,and the amount of compensation offered to,other brokers.
(1) Broker is authorized to cooperate with and compensate brokers participating through the multiple listing service(s)
("MLS")by offering MLS brokers either percent of the purchase price,or p$
(2) Broker is authorized to cooperate with an compensate brokers operating outside the MLS as per Broker's policy.
E. Seller hereby irrevocably assigns to Broker the above compensation from Seller's funds and proceeds in escrow. Broker may
submit this Agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Property
involving Seller and a buyer, Prospective Buyer or other transferee.
F. (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property,
unless specified as follows:
(2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the
Property is transferred to any of the following individuals or entities:
(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: (1)Broker is
not entitled to compensation under this Agreement;and(I!)Broker is not obligated to represent Seller in such transaction.
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized coproduction of this form, or any portion thereof, by photocopy Seller acknowledges receipt of a copy of this page.
machine or Copyright®1991 2009,CALIa other FORNIA ASSOCIATION OF facsimile or comREALTORS®, INC. Suterized formats. ellers Initials(_�(_ 121
ALL RIGHTS RESERVED. Reviewed by Date
RLA REVISED 2109(PAGE 1 OF 3
RESIDENTIALOPPORTUNITY
LISTING AGREEMENT-EXCLUSIVE RLA PAGE 1 OF 3
Phone Fax: Prepared using WINFortns®software
Broker.
Property Address: Date:
5. OWNERSHIP,TITLE AND AUTHORITY: Seller warrants that: (1)Seller is the owner of the Property;(ii)no other persons or entities
have title to the Property; and (111) Seller has the authority to both execute this Agreement and sell the Property. Exceptions to
ownership,title and authority are as follows:
6. MULTIPLE LISTING SERVICE: All terms of the transaction, including financing, if applicable, will be provided to the selected MLS
for publication, dissemination and use by persons and entities on terns approved by the MLS. Seller authorizes Broker to comply
with all applicable MLS rules. MLS rules allow MLS data about the Property to be made available by the MLS to additional Internet
sites unless Seller gives Broker instructions to the contrary. MLS rules generally provide that residential real property and vacant lot
listings be submitted to the MLS within 48 hours or some other period of time after all necessary signatures have been obtained on
the listing agreement.However,Broker will not have to submit this listing to the MLS or can prohibit this listing or certain information
from or about it from appearing on certain Internet sites if, Broker submits to the MLS such an instruction signed by Seller(C.A.R.
Form SEL or the locally required form). Information about this listing will be provided to the MLS of Broker's selection unless a form
instructing Broker to the contrary is attached to this listing Agreement.
T. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified in writing, Seller is unaware of: (1)any Notice of
Default recorded against the Property;(il)any delinquent amounts due under any loan secured by,or other obligation affecting, the
Property; (tit) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative
action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to
transfer it;and(v)any current,pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in
writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof.
8. BROKER'S AND SELLER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this
Agreement. Unless Seiler gives Broker written instructions to the contrary, Broker is authorized to order reports and disclosures as
appropriate or necessary and advertise and market the Property by any method and in any medium selected by Broker, including
MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the information submitted to any
medium. Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Property by,
among other things, making the Property available for showing at reasonable times and referring to Broker all inquiries of any party
interested in the Property. Seller is responsible for determining at what price to list and sell the Property. Seller further agrees to
indemnify, defend and hold Broker harmless from all claims, disputes, litigation,judgments and attorney fees arising from
any incorrect information supplied by Seller,or from any material facts that Seller knows but falls to disclose.
9. DEPOSIT:Broker is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price.
10. AGENCY RELATIONSHIPS:
A. Disclosure: If the Property includes residential property with one-to-four dwelling units, Seller shall receive a "Disclosure
Regarding Agency Relationships"form prior to entering into this Agreement.
B. Seller Representation:Broker shall represent Seller in any resulting transaction,except as specified in paragraph 4F.
C. Possible Dual Agency With Buyer: Depending upon the circumstances, it may be necessary or appropriate for Broker to act
as an agent for both Seller and buyer, exchange party, or one or more additional parties ("Buyer"). Broker shall, as soon as
practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured
directly by Broker or an associate-licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller
and such Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties
for services rendered, provided there is disclosure to all parties of such agency and compensation. Seller understands and
agrees that: (1) Broker, without the prior written consent of Seller, will not disclose to Buyer that Seller is willing to sell the
Property at a price less than the listing price; (11)Broker,without the prior written consent of Buyer,will not disclose to Seller that
Buyer is willing to pay a price greater than the offered price; and (iii) except for(i)and (ii)above, a dual agent is obligated to
disclose known facts materially affecting the value or desirability of the Property to both parties.
D. Other Sellers: Seiler understands that Broker may have or obtain listings on other properties, and that potential buyers may
consider, make offers on, or purchase through Broker, property the same as or similar to Seller's Property. Seller consents to
Broker's representation of sellers and buyers of other properties before,during and after the end of this Agreement.
E. Confirmation: If the Property includes residential property with one-to-four dwelling units, Broker shall confirm the agency
relationship described above,or as modified,in writing,prior to or concurrent with Seller's execution of a purchase agreement.
11.SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether
attributable to use of a keysafe/lockbox, a showing of the Property, or otherwise. Third parties, including, but not limited to,
appraisers, inspectors,brokers and prospective buyers,may have access to,and take videos and photographs of,the interior of the
Property. Seller agrees: (1) to take reasonable precautions to safeguard and protect valuables that might be accessible during
showings of the Property; and (11)to obtain insurance to protect against these risks. Broker does not maintain insurance to protect
Seller.
12.KEYSAFEILOCKBOX: A keysafe/lockbox is designed to hold a key to the Property to permit access to the Property by Broker,
cooperating brokers, MLS participants, their authorized licensees and representatives, authorized inspectors, and accompanied
prospective buyers. Broker, cooperating brokers, MLS and Associations/Boards of REALTORSS are not insurers against injury,
theft,loss,vandalism or damage attributed to the use of a keysafeAockbox. Seller does(or if checked ❑does not) authorize Broker
to install a keysafe/lockbox. If Seller does not occupy the Property, Seller shall be responsible for obtaining occupant(s)' written
permission for use of a keysafe/lockbox.
13.SIGN:Seller does(or if checked ❑does not)authorize Broker to install a FOR SALE/SOLD sign on the Property.
14.EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal,state and local anti-discrimination laws.
15.ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation
under this Agreement,the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing
Seller or Broker,except as provided in paragraph 19A.
16.ADDITIONAL TERMS:
Seller acknowledges receipt of a copy of this page.
Sellers Initials(_)(_)
Copyright 0 1991-2009,CALIFORNIA ASSOCIATION OF REALTORS@,INC. Reviewed by Date E2
RLA REVISED 2/09(PAGE 2 OF 3) OPPORTUNITY
RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 2 OF 3) pUD
Property Address: Date: { Cl
17. MANAGEMENT APPROVAL: If an associate-licensee in Broker's office (salesperson or broker-associate) enters into this
Agreement on Broker's behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this
Agreement, in writing,within 5 Days After its execution.
18. SUCCESSORS AND ASSIGNS:This Agreement shall be binding upon Seller and Seller's successors and assigns.
19. DISPUTE RESOLUTION:
A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any
resulting transaction, before resorting to arbitration or court action, subject to paragraph 19B(2)below.Paragraph 19B(2)below
applies whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties
involved. If,for any dispute or claim to which this paragraph applies,any party commences an action without first attempting to
resolve the matter through mediation,or refuses to mediate after a request has been made,then that party shall not be entitled
to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION
PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Seller and Broker agree that any dispute or claim in law or equity arising between
them regarding the obligation to pay compensation under this Agreement,which Is not settled through mediation,shall
be decided by neutral, binding arbitration, Including and subject to paragraph 19B(2) below. The arbitrator shall be a
retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties
mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. The
parties shall have the right to discovery In accordance with California Code of Civil Procedure §1283.05. In all other
respects, the arbitration shall be conducted In accordance with Title 9 of Part III of the California Code of Civil
Procedure.Judgment upon the award of the arbitrator(s)may be entered in any court having jurisdiction.Interpretation
of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and
arbitration: (1)a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage,
or installment land sale contract as defined In California Civil Code§2985;(ii)an unlawful detainer action; (III)the filing
or enforcement of a mechanic's lien; and (lv) any matter that Is within the jurisdiction of a probate, small claims, or
bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of
attachment, receivership, injunction,or other provisional remedies, shall not constitute a waiver of the mediation and
arbitration provisions.
"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE
ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED
BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS
YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
Seller's Initials / Broker's Initials I
20. ENTIRE AGREEMENT:All prior discussions, negotiations and agreements between the parties concerning the subject matter of this
Agreement are superseded by this Agreement,which constitutes the entire contract and a complete and exclusive expression of their
agreement,and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of
this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This
Agreement and any supplement,addendum or modification,including any photocopy or facsimile,may be executed in counterparts.
By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this
Agreement.
Seller Date
Address 14629 Gleaab're Drive City w. State
Telephone Fax E-mail
Seller Date
Address City State Zip
Telephone Fax E-mail
Real Estate Broker(Firm) a`.K'erdama Realty DRE Lic.#
By(Agent) DRE Llc # Date
Address City State Zip
Telephone Fax E-mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSO(C.A.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate industry.It is not intended to identify the user as a REALTOR&REALTORS is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics.
Published and Distributed by:
Uc
REAL ESTATE BUSINESS SERVICES,INC.
a subsidiary of ft Ca%rrds Assoaadon ofREALTORSS
.525 South Virgil Avenue,Los Angeles,CalifaNa 4)0(1211 Reviewed by Dale OPFORTUVY
RLA REVISED 2109(PAGE 3 OF 3)
RESIDENTIAL LISTING AGREEMENT-EXCLUSIVE(RLA PAGE 3 OF 3) PUD
CALIFOKNIA
4h ASSOCIATION Seller's Advisory
OF REALTORS (C.A.R.Form SA,Revised 10101)
Property Address: ("Property")
1. INTRODUCTION: Selling property in California is a process that involves many steps. From start to finish, it could take anywhere
from a few weeks to many months, depending upon the condition of your Property, local market conditions and other factors.You
have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help
guide you through the process and may refer you to other professionals as needed. This advisory addresses many things you may
need to think about and do as you market your Property.Some of these things are requirements imposed upon you,either by law or
the listing or sale contract.Others are simply practical matters that may arise during the process. Please read this document carefully
and, if you have any questions,ask your broker for help.
2. DISCLOSURES:
A.General Disclosure Duties:You must affirmatively disclose to the buyer, in writing,any and all known facts that materially affect
the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer,
any broker, or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in its present
condition without requiring you to make any repairs. If the Property you are selling is a residence with one to four units, your
broker also has a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to
a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem,
your broker must advise the buyer.
B.Statutory Duties:(For one-to-four Residential Units):
(1)You must timely prepare and deliver to the buyer, among other things, a Real Estate Transfer Disclosure Statement ("TDS")
and a Natural Hazard Disclosure Statement("NHD"). You have a legal obligation to honestly and completely fill out the TDS
form in its entirety. (Many local entities or organizations have their own supplement to the TDS that you may also be asked to
complete.)The NHD is a statement indicating whether your Property is in certain designated flood,fire or earthquake/seismic
hazard zones.Third-party professional companies can help you with this task.
(2) Depending upon the age and type of construction of your Property, you may also be required to provide and,in certain cases
you can receive limited legal protection by providing, the buyer with booklets titled "The Homeowners Guide to Earthquake
Safety,""The Commercial Property Owner's Guide to Earthquake Safety,""Protect Your Family From Lead in Your Home"and
"Environmental Hazards: A Guide For Homeowners and Buyers."Some of these booklets may be packaged together for your
convenience.The earthquake guides ask you to answer specific questions about your Property's structure and preparedness
for an earthquake. If you are required to supply the booklet about lead,you will also be required to disclose to the buyer any
known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide informs the
buyer of common environmental hazards that may be found in properties.
(3) If you know that your property is: (i) located within one mile of a former military ordnance location; or(11) in or affected by a
zone or district allowing manufacturing,commercial or airport use,you must disclose this to the buyer.You are also required to
make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(ies)about any
special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act.
(4) If the TDS, NHD, or lead, military ordnance, commercial zone or Mello-Roos disclosures are provided to a buyer after you
accept that buyer's offer,the buyer will have 3 days after delivery(or 5 days if mailed)to terminate the offer,which is why it is
extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory
requirements.However, if you have actual knowledge of any of these items,you may still be required to make a disclosure as
the items can be considered material facts.
C.Death and Other Disclosures: Many buyers consider death on real property to be a material fact in the purchase of property. In
some situations, it is advisable to disclose that a death occurred or the manner of death. However, California Civil Code Section
1710.2 provides that you have no disclosure duty "where the death has occurred more than three years prior to the date the
transferee offers to purchase, lease, or rent the real property, or[regardless of the date of occurrence] that an occupant of that
property was afflicted with, or died from, Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus." This law
does not"immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from
a transferee or a prospective transferee of real property,concerning deaths on the real property."
D.Condominiums and Other Common Interest Subdivisions: If the Property is a condominium,townhouse,or other property in a
common interest subdivision, you must provide to the buyer copies of the governing documents, the most recent financial
statements distributed,and other documents required by law or contract.if you do not have a current version of these documents,
you can request them from the management of your homeowners' association. To avoid delays, you are encouraged to obtain
these documents as soon as possible,even if you have not yet entered into a purchase agreement to sell your Property.
The copyright laws of the United States (Title 17 U.S. Code) forbid the Seller acknowledges receipt of copy of this page.
unauthorized reproduction of this form,or any portion thereof,by photocopy Seller's Initials( )( )
machine or any other means, Including facsimile or computerized formats. 121
Copyright ® 1991-2001, CALIFORNIA ASSOCIATION OF REALTORSO, Reviewed by
INC.ALL RIGHTS RESERVED. oPw�ruwrr
Broker or Designee Date
SA-11 REVISED 10/01 (PAGE 1 OF 2)
SELLER'S ADVISORY (SA-11 PAGE 1 OF 2)
Agent. Phone: 40 Fax: Prepared using WINForms®software
Broker.
Property Address:la 6ao C}wnah±ra Dr4vr, T L" CA 96191 Date:
3. CONTRACT TERMS AND LEGAL REQUIREMENTS:
A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay for
repairs to the Property and other items.Your decision on whether or not to comply with a buyer's requests may affect your ability
to sell your Property at a specified price.
B. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price from
your sale proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency, or some other
exemption applies and is documented.
C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally
protected classes is a violation of the law.
D. Government Retrofit Standards: Unless exempt,you must comply with government retrofit standards,including, but not limited
to, installing operable smoke detectors, bracing water heaters,and providing the buyer with corresponding written statements of
compliance. Some city and county governments may impose additional retrofit standards, including, but not limited to, installing
low flow toilets and showerheads, gas shut-off valves, tempered glass, and barriers around swimming pools and spas. You
should consult with the appropriate governmental agencies, inspectors, and other professionals to determine the retrofit
standards for your Property,the extent to which your Property complies with such standards,and the costs, if any,of compliance.
E. Legal,Tax and Other Implications: Selling your Property may have legal,tax, insurance,title or other implications.You should
consult an appropriate professional for advice on these matters.
4. MARKETING CONSIDERATIONS:
A. Pre-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any
defects or other problems. Many people are not aware of defects in or problems with their own Property. One way to make
yourself aware is to obtain professional home inspections prior to sale, both generally, and for wood destroying pests and
organisms,such as termites. By doing this,you then have an opportunity to make repairs before your Property is offered for sale,
which may enhance its marketability. Keep in mind, however,that any problems revealed by such inspection reports should be
disclosed to the buyer (see "Disclosures" in paragraph 2 above). This is true even if the buyer gets his/her own inspections
covering the same area. Obtaining inspection reports may also assist you during contract negotiations with the buyer. For
example,if a pest control report has both a primary and secondary recommendation for clearance,you may want to specify in the
purchase agreement those recommendations,if any,for which you are going to pay.
B. Post-Sale Protections: It is often helpful to provide the buyer with, among other things, a home protection/warranty plan for the
Property.These plans will generally cover problems,not deemed to be pre-existing,that occur after your sale is completed. In the
event something does go wrong after the sale, and it is covered by the plan, the buyer may be able to resolve the concern by
contacting the home protection company.
C. Safety Precautions:Advertising and marketing your Property for sale,including,but not limited to, holding open houses,placing
a keysafe/iockbox, erecting FOR SALE signs, and disseminating photographs, video-tapes, and virtual tours of the premises,
may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain insurance, and to take
any and all possible precautions and safeguards to protect yourself, other occupants, visitors, your Property, and your
belongings, including cash, jewelry, drugs, firearms and other valuables located on the Property against injury, theft, loss,
vandalism,damage,and other harm.
D. Expenses: You are advised that you, not the Broker, are responsible for the fees and costs, if any, to comply with your duties
and obligations to the buyer of your Property.
5. OTHER ITEMS:
Seller has read and understands this Advisory. By signing below, Seller acknowledges receipt of a copy of this document.
Seller Date
Print Name
Seller Date
Print Name
Real Estate Broker riti► BY
(Agent)
Address City State Zip
Telephone Fax E-mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(CA.R.).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL.
This form is available for use by the entire real estate Industry It is not intended to identify the user as a REALTOR&REALTOR@ is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®who subscribe to its Code of Ethics.
UPublished and Distributed by by
REAL ESTATE BUSINESS SERVICES,INC. Reviewed
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORSO Broker or Designee Date
e�.v"�rrr
525 South Virgil Avenue,Los Angeles,California 90020
SA41 REVISED 10101 (PAGE 2 OF 2) SELLER'S ADVISORY (SA-11 PAGE 2 OF 2) PUD
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KW General Listing Addendum Seller /
Rev.6/08
Brolflers Initials
Date
Page 1 of 2
❑ 6.Home and Pest Inspections:Buyers typicallypay for any inspections theywish to conduct
on the property.Seller is required to have all utilities (Le.gas,water,power,etc)turned on for
inspections.Any repair items Buyers want the Seller to address must be requested in an
Addendum to the Purchase Contract and agreed to by Buyer and Seller.
❑ 7.Clean Premises:It is customaryfor a home to be professionally cleaned,including carpets
and windows,at close of Escrow.This includes removal of all personal property,debris,paint,
stain,household cleaning products and other hazardous waste materials.All walkways,driveways
and decks should be clear of snow.
❑ 8.Broker Cooperation:We cooperate with Brokers who are not members of the TAHOE
SIERRA BOARD OF REALTORS` or the TAHOE SIERRA MULTIPLE LISTING
SERVICE` by paying referral fees only,unless they are acting as a Principal in the transaction.
❑ 9.Tax Withholding:The withholding of income tax for all individuals who sell California real
property and do not qualify for an exemption may be required in this transaction.Seller,&
strnngly advised to contact a taxpmfessionalfor implications ofthis tax.
❑ 10.Propane Service:Seller has signed a contract with that
commits Buyer to certain obligations as follows:
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Seller: Date:
Seller. Date:
Keller Williams Realty:
Agent: Date:
KW General Listing Addendum Brokers Initials
Rev.6/08 Date
Page 2 of 2