EXCLUSIVE RIGHT TO SELL CONTRACT

Transcription

1 EXCLUSIVE RIGHT TO SELL CONTRACT Angela Brown - NY Licensed Real Estate Salesperson Mobile: Office: angieflackbrown@kw.com angieflackbrown.com Jerry D. Brown - NY Licensed Real Estate Salesperson Mobile: Office: jdbrown@kw.com angieflackbrown.com Keller Williams Realty Greater Rochester 2000 Winton Road South Bldg. 1, Suite 201 Rochester, NY

2 KELLER WILLIAMS REALTY GREATER ROCHESTER LISTING CHECKLIST Agent Name: Scanned Date: Property street number & name City /Township Zip County Subdivision Seller s name: First and last of all parties MLS Area # MLS Number # of Bedrooms # of Baths / / / / % % Listing Price Expiration Date Listing Date Listing Comm Co-op Comm The following are required documents needed for the OFFICE file. Please scan these forms to klrw820@kw.com IN THE FOLLOWING ORDER WITHIN TWO DAYS OF LISTING THE PROPERTY!!! No Commission checks will be issued unless your file is complete. Mandatory for Office Copy: LISTING A SELLER: Listing Checklist (this form) Item(s) needed for Contract Completion(X) Staff Use Only MLS printout Exclusive Right to Sell Contract Exclusive Right to Sell Addendum Delayed Showing (if applicable) MLS Profile Sheet Property Condition Disclosure Statement Disclosure Regarding R/E Agency Relationships (form # DOS-1565) Lead Paint Disclosure (home built prior to 1978) Escrow/ Franchise Addendum/Equal Opportunity Policy Statement Tax Info Sheet Sign Off Signature

3 EXCLUSIVE RIGHT TO SELL CONTRACT THIS FORM IS FOR USE BY MEMBERS OF THE GREATER ROCHESTER ASSOCIATION OF REALTORS, INC. ( GRAR ) ONLY FOR THE PLACING OF PROPERTY LISTINGS IN THE NYSAMLS, INC./GENESEE REGION REAL ESTATE INFORMATION SERVICE, INC. MULTIPLE LISTING SERVICE ( MLS ). REALTOR EXCLUSIVE RIGHT TO SELL, EXCHANGE OR LEASE CONTRACT. COMMISSIONS OR FEES FOR REAL ESTATE SERVICES TO BE PROVIDED HEREUNDER ARE NEGOTIABLE BETWEEN REALTOR AND OWNER. IT IS UNDERSTOOD THAT GRAR, NYSAMLS, INC., AND GENESEE REGION REAL ESTATE INFORMATION SERVICE, INC. IS NOT A PARTY TO THIS LISTING CONTRACT. 1. OWNERSHIP OF PROPERTY AND POWER TO SIGN CONTRACT. I,, am the Owner(s) of the property located at (the Property ). I have complete legal authority to sell, exchange or lease the Property. I have not entered into any other agreement which would affect the sale, exchange, lease, or transfer of the Property; except as follows: (name or specify agreement). For purposes of this listing contract ( Contract ), any reference to a sale or purchase of the Property shall be deemed to include any exchange of the Property. 2. EXCLUSIVE RIGHT TO SELL OR LEASE. (Check and complete either (a) or (b) or both). (a) I hereby hire (REALTOR ) to sell the Property and I hereby grant to REALTOR the Exclusive Right to Sell the Property for the price of $ or any other price that I later agree to, and upon such terms and conditions as I may agree to. (b) I hereby hire (REALTOR ) to lease the Property and I hereby grant to REALTOR the Exclusive Right to Lease the Property for a rent of per or any other rent that I may later agree to, and upon such terms and conditions as I may agree to. 3. MULTIPLE LISTING SERVICE. I authorize REALTOR to submit the information contained in this Contract and the applicable Data Input Form and any MLS Change Form relating to the Property to the MLS. REALTOR will submit such information to the MLS within 24 hours of my signing this Contract. REALTOR shall retain this listing contract and the Data Input Form for at least three years. I agree that REALTOR will provide the MLS with information, in addition to the list price, prior to final sale of the Property and that REALTOR will provide the MLS with information, including the selling price and any seller concessions, about the Property upon final sale of the Property. All information submitted becomes the property of the MLS and may be published and advertised by the MLS including without limit on the Internet and on web service providers linked to the MLS. 4. PAYMENT TO REALTOR. (Check and complete either (a) or (b), or both). (a) I will pay REALTOR a commission of % of the gross sale price of the Property as set forth in the purchase and sale contract that I sign, or $. (b) I will pay REALTOR a commission of % of the gross rent for the Property as set forth in the lease contract that I sign, or $. 5. AUTHORIZATION REGARDING OTHER BROKERS. I authorize REALTOR to cooperate with other brokers, including buyer brokers (with the understanding that such buyers brokers will be representing only the interests of the prospective buyers), subagent brokers and broker agent brokers and, to divide with other licensed brokers who are MLS participants, such compensation in any manner acceptable to REALTOR, such other MLS broker and me. In the event that there is a cooperating broker, I authorize that the following compensation be paid out of the commission provided in Paragraph 4 above to such cooperating broker as follows (Complete at least one): Broker agent broker will be paid % of the gross sale or rent price, or $. Buyer s broker will be paid % of the gross sale or rent price, or $. Subagent broker will be paid % of the gross sale or rent price, or $. 6. PAYMENT OF COMMISSION. I agree to pay to REALTOR the commission set forth in Paragraph 4 on the closing date specified in the purchase and sale contract or when I sign a lease for the Property. I will pay this commission to REALTOR whether I, REALTOR, or anyone else sells or leases the Property during the life of this Contract. REALTOR has earned the commission when I am provided with a written purchase offer which meets the price and other conditions I have set or when the purchase and sale contract becomes a binding legal commitment on the buyer, or when I sign a lease for the Property. 7. SUBMISSION OF OFFERS TO PURCHASE. I agree that any offers to purchase or lease the Property shall be submitted to me through REALTOR or through any cooperating broker with my consent. REALTOR agrees to bring all offers to purchase or lease the Property to me. Owner s Initials Broker s/salesperson s Initials Copyright 2012 by Greater Rochester Association of REALTORS, Inc. All Rights Reserved ~ Page 1 of 4 Exclusive Right to Sell Contract Rev. 6/12 (All Prior Versions are Obsolete)

4 Initial One 8. FOR SALE, FOR RENT SIGN. I authorize REALTOR to install a For Sale, Sold or For Rent sign on the Property. Yes No 9. LOCKBOX. I authorize REALTOR to use a lockbox. I understand that neither REALTOR, any cooperating broker, GRAR nor the MLS shall be responsible for any theft, loss or damage attributed to the use of a lockbox. Yes No 10. PHOTOGRAPH. I acknowledge and agree that REALTOR may photograph the Property and may use the photographs in promoting its sale or lease. Yes No 11. PROPERTY MAINTENANCE. I agree it is my obligation to continue to maintain the Property, including but not limited to, lawn care, snow plowing, utility service continuation, interior and exterior maintenance, until transfer of title. Yes No 12. DUTIES OF REALTOR. REALTOR will use best efforts to procure a buyer. REALTOR will list the Property in full compliance with local, state and federal fair housing laws against discrimination on the basis of race, creed, color, religion, national origin, sex, familial status, marital status, age, or disabilities. REALTOR will assist in negotiating any and all offers to purchase or lease the Property. 13. OBLIGATIONS OF OWNER/PROPERTY INFORMATION. I agree to refer all inquiries about the Property to REALTOR and conduct all negotiations through REALTOR. I agree to cooperate with REALTOR in showing the Property to possible buyers or renters at any reasonable hour. To the extent within my possession, I agree to furnish to REALTOR complete information reasonably necessary for processing this listing in the MLS and for closing the sale or lease of the Property. I represent to REALTOR that all information about the Property I have given REALTOR is accurate and complete, and REALTOR assumes no responsibility to me or anyone else for the accuracy of such information, except as otherwise provided by law. I authorize REALTOR to obtain other information about the Property. REALTOR will use sources of information REALTOR believes to be reliable, but is not responsible to me for the accuracy of the information REALTOR obtains, except as otherwise provided by law. I authorize REALTOR to disclose to prospective purchasers and any other persons, including other brokers, any information about the Property REALTOR obtains from me or any other source. 14. OWNER S REPRESENTATIONS. Owner represents to REALTOR as of the date of this Contract: Initial One (a) I am not in bankruptcy. True False (b) I have sufficient funds to close the sale of the Property and pay my closing expenses (including the use of proceeds from such sale). True False (c) To my actual knowledge, there is no mortgage or tax foreclosure proceeding pending against the Property. True False (d) I am not two or more months behind in my mortgage payments with respect to the Property. True False I agree to promptly notify REALTOR if any representation made by me in this Paragraph 14 becomes inaccurate. Owner should promptly advise Owner s attorney of any item initialed False by Owner in this Paragraph IMPROVEMENTS. Owner represents to REALTOR that the following improvements affect the Property as of the date of this Contract and that a certificate of occupancy ( C of O ) or certificate of compliance ( C of C ) exists therefor, and Owner agrees to indemnify and hold REALTOR harmless from any liability incurred as a result of any misrepresentation, as more particularly set forth in Paragraph 23 below: Present on Property? C of O or C of C Exist? Present on Property? C of O or C of C Exist? (Check Applicable Boxes) (Initial One) (Check Applicable Boxes) (Initial One) Basement Living Area Yes No Unkn Playset Yes No Unkn Building Addition Yes No Unkn Pond/Fountain Yes No Unkn Converted 3 rd Floor Living Area Yes No Unkn Pool Shed/Outbuilding Yes No Unkn Yes No Unkn Deck Yes No Unkn Wood Stove/ Yes No Unkn Fence Gazebo Yes No Unkn Yes No Unkn Freestanding Fireplace Hot Tub Yes No Unkn Other: Yes No Unkn 16. GAS ETC. RIGHTS. To my actual knowledge, all gas, mineral, oil and timber rights will transfer with the Property. Initial One I am receiving royalty payments for gas, mineral, oil and/or timber produced from the Property. True False Unkn. I agree to promptly furnish complete copies of any gas, mineral, oil and/or timber rights leases affecting the Property in my possession to REALTOR and my attorney. True False Unkn. Owner s Initials Copyright 2012 by Greater Rochester Association of REALTORS, Inc. All Rights Reserved ~ Page 2 of 4 Exclusive Right to Sell Contract Rev. 6/12 (All Prior Versions are Obsolete) Broker s/salesperson s Initials

5 Initial One 17. PROPANE. Owner represents to REALTOR that the Property is serviced by propane. Yes No If Yes is initialed, Owner represents that the propane tank is not is owned by Owner and that there is not is an existing written contract to provide propane between the propane company and Owner (Owner agrees to promptly furnish a complete copy of any such written contract to REALTOR and Owner s attorney). 18. AUTHORIZATION OF REPRESENTATIVE TO PAY COMMISSION. Without in any way limiting any provision of Paragraph 6 above, I authorize my closing representative (such as my attorney) to pay to REALTOR the commission agreed to in Paragraph 4 from the proceeds of the sale of the Property upon recording of the closing of the sale of the Property. If the proceeds of sale are insufficient to pay the entire commission due, I agree to pay the balance of commission to REALTOR. 19. LIFE OF CONTRACT; SALE OR LEASE OF PROPERTY AFTER CONTRACT ENDS TO A PERSON WHO WAS SHOWN THE PROPERTY DURING THE LIFE OF CONTRACT. This Contract will last until midnight on, However, if I sell or lease the Property within days after this Contract ends (the Effective Period ) to a person who was shown the Property by Owner(s), REALTOR, or anyone else during the life of this Contract, I will pay REALTOR the same commission agreed to in Paragraph 4 of this Contract. I will not owe any commission to REALTOR if such sale or lease occurs during the life of another Exclusive Right to Sell Contract I enter into with another REALTOR after this Contract ends but before the expiration of the Effective Period. 20. NON-DISCRIMINATION. I understand that the listing and sale or lease of the Property must be in full compliance with local, state and federal fair housing laws against discrimination on the basis of race, creed, color, religion, national origin, sex, familial status, marital status, age, or disabilities. 21. RENEWAL AND MODIFICATION OF CONTRACT. I may extend the life of this Contract by signing another Exclusive Right to Sell Contract or MLS Change Form. If I renew this Contract, REALTOR will notify the MLS of the renewal. All changes or modifications of the provisions of this Contract must be made in writing, signed by Owner(s) and REALTOR. 22. OWNER S LIABILITY FOR CONTRACT TERMINATION. In the event this Contract is terminated prior to the time specified in Paragraph 19 for any reason other than REALTOR s fault, I will be liable for and agree to pay all damages and expenses incurred by REALTOR, including without limitation costs for advertising the Property and any commission due hereunder. 23. ATTORNEY S FEES. In any action, proceeding or arbitration arising out of this Contract, the prevailing party shall be entitled to reasonable attorney s fees and costs. 24. RESPONSIBILITY OF OWNER(S) UNDER THIS CONTRACT. All Owners must sign this Contract. If more than one person signs this Contract as Owner, each person is fully responsible for keeping the promises made by the Owner. 25. INDEMNIFICATION. I agree that REALTOR has no duty to verify the accuracy of the information provided by me or of the representations made by me with respect to the Property, except as otherwise provided by law. I agree to indemnify and hold the REALTOR harmless from all claims, damages, liability and expense, including without limitation reasonable attorneys fees and court costs, arising from any misrepresentations made by me or any misinformation provided by me or the breach of any of my agreements or obligations in this Contract. I agree that the representations made by me in this Contract shall survive the completion, expiration or termination of this Contract. 26. OTHER. NOTICE TO OWNER REQUIRED BY NEW YORK REAL PROPERTY LAW 294-b: AT THE TIME OF CLOSING, YOU MAY BE REQUIRED TO DEPOSIT THE BROKER S COMMISSION WITH THE COUNTY CLERK IN THE EVENT THAT YOU DO NOT PAY THE BROKER HIS OR HER COMMISSION AS SET FORTH HEREIN. YOUR OBLIGATION TO DEPOSIT THE BROKER S COMMISSION WITH THE COUNTY CLERK MAY BE WAIVED BY THE BROKER. In consideration of the above, REALTOR and Owner accept this Contract and agree to its terms and conditions as of. Owner s Signature Print Owner s Name Owner s Signature Print Owner s Name Property Address Broker s or Salesperson s Signature Print Name of REALTOR Firm Owner s Initials Print Name of Broker or Salesperson Copyright 2012 by Greater Rochester Association of REALTORS, Inc. All Rights Reserved ~ Page 3 of 4 Exclusive Right to Sell Contract Rev. 6/12 (All Prior Versions are Obsolete) Broker s/salesperson s Initials

6 EXPLANATION The Secretary of State, State of New York, requires that the following explanation be given to homeowners and acknowledged by them in the listing of property: An exclusive right to sell listing means that if you, the owner of the property, find a buyer for your house, or if another broker finds a buyer, you must pay the agreed commission to the present broker. An exclusive agency listing means that if you, the owner of the property, find a buyer, you will not have to pay a commission to the broker. However, if another broker finds a buyer, you will owe a commission to both the selling broker and your present broker. Owner(s) understands that this Contract grants REALTOR the exclusive right to sell the Property. Owner s Signature Owner s Signature Owner s Initials Copyright 2012 by Greater Rochester Association of REALTORS, Inc. All Rights Reserved ~ Page 4 of 4 Exclusive Right to Sell Contract Rev. 6/12 (All Prior Versions are Obsolete) Broker s/salesperson s Initials

7 Single-Family Residential --- For Member Use Only Denotes a Required Field Rev. 2/21/2012 MLS # VRP y/n $ $ Year Built Description Value Range Low Price List Price Existing Existing- Unknown County Town or City Name New Build To Be Built Under Construction (60-90 Days) Area (NYS SWIS Code) Village (Choose 1) Year Built Address (Street number) (Pre Directon) (Street name) (Post Direction) Tax Map Number Zip Code Lot # Unit Number (Auto populate- complete tax map number is required for proper mapping) New York State Alliance of MLS's- RES Nearest Cross Street Subdivision / Community / Complex School District Name Neighborhood High School Name Middle School Name Lot Shape Lot Dimension Irregular X Pie (Frontage) Elementary School Name Square Footage # of Acres Rectangular. (Choose 1) (Depth) Listing Office Information Listing Agent ID Listing Agent 2 ID Showing / Appt # Showing Instructions - - Call List Agent for Showing Instructions Call Owner / Tenant Listing Agent Name Owner Address Same as Property Showing/Appt HUD Master Key y / n # Description Key at Listing Office (Last Name, First Name) Agent Lockbox- 24 Hour Access Appt. Service Lockbox- Call First Owner 1 Last Name Owner 1 First Name Office Lockbox- Must Make Appointment Owner Lockbox- Timed Access (Choose 1) Lockbox- Vacant Owner 2 Last Name Owner 2 First Name Owner Occupied Compensation Tenant Occupied Other- see Remarks Owner Address (Broker Agent) (Choose up to 4) / Compensation (Street number) (Street name-as per tax record) Negotiation With (Buyer Agent) Listing Broker Only Compensation Owner Directly (City) (State) (Zip) (Choose 1) (Sub-Agent) List Date Expiration Date Special Conditions Apply / Listing Type Service Type / / / / Call Listing Broker Property Exclusive Right to sell MLS Entry Only m m d d y y m m d d y y y / n Exclusions y / n Exclusive Agency Limited Service (See private remarks) (Choose 1) (Choose 1) Private Remarks (600 spaces) (Confidential- For Member Use Only) General Information Room Floor Approx Dimensions Room Floor Approx Dimensions # of # of # of Length x Width Length x Width Bedrooms Full Baths Half Baths Dining x 1st Bed x 1st Floor Family x 2nd Bed x 2nd Floor Kitchen x 3rd Bed x 3rd Floor Living x 4th Bed x Basement Other x 5th Bed x Total xxx xxx xxx Other 2 x 6th Bed x # of Rooms Other 3 x # of Stories Other 4 x # Bedrooms Approved for Septic Total Baths. X. X Exterior Construction Driveway Description Lot Information Aluminum / Steel Log Sided Blacktop None Agricultural District Horses Permitted Private Road Brick Shake Shingle Circular Parking Area Beach Access Land Lease- see Rmks Rural Road Brick & Frame Stone Common Pavers Commercial Zoning Land Locked Secondary Road Cedar Stone & Frame Concrete Shared Corner Lot Near Bus Line Ski In / Out Composition Stucco Dirt Stone / Gravel Cul de Sac Neighborhood Street Slope View Concrete Block Vinyl Double Wide Turnaround Deed Restriction On Golf Course Uncapped Nat Gas Well Frame Wood (Choose up to 5) Other Flood Insurance On Reservation Water View Log Home Other Green Area Preservation District Wooded Lot (Choose up to 5) Home Office Zoning Primary Road Other (Choose up to 13) Initials

8 RES (Single-Family Residential) General Information- Continued Garage Garage Description Kitchen / Dining Description Kitchen / Family Room Combo. 2nd Garage Detached 2nd Kitchen Dining L Living / Dining Combo (# of spaces) Attached No Garage Breakfast Bar Eat-in Pantry Carport Under House Breakfast Room Formal Dining Room Solid Surface Counter (Choose up to 2) Country Kitchen Granite Counters Walk In Pantry (Choose up to 8) Island Other Basement Description Style of Residence Mobile- Single Wide Zoning Attic Description Crawl Space Partial 2 Story Mobile w/land Agricultural Crawl Space Finished Partially Finished A Frame / Chalet Mobile Home Park Business Finished Full Slab Bungalow Modular Commercial Full None Walkout Cabin Patio Heavy Industrial None (Choose up to 3) Cape Cod Raised Ranch Home Office Zoning Partial Carriage House Ranch Industrial Partially Finished Colonial Rehab Needed Light Industrial Pull Down Stairs Contemporary Seasonal Residential Multi Use Scuttle Access Floor Description Cottage Split Level Planned Unit Development Stair Access Ceramic- some Tile- some Farmhouse Split Ranch Residential 1 Unit Unfinished Hardwood- some Vinyl- some Hillside Traditional Residential 2 Unit (Choose up to 3) Laminate- some Wall-Wall Carpet-sm Historic Transitional Restricted Business Marble- some Wood- some Log Home Tri-Level Other Resilient- some Other Mediterranean/Spanish Tudor (Choose 1) (Choose up to 7) Mobile- Double Wide Victorian On Waterfront? / Description (Choose up to 2) Working Farm / Bay Channel Pond Other y/n Canal Falls Reservoir Builder / Model Cape Harbor River/Stream/C (Choose 1) Lake Swamp Waterfront Name Waterfront Footage Riparian Rights Island y / n Public Remarks (600 spaces) (No contact information of any kind, restricted to property information only as per MLS policy) Directions to Property (234 spaces) Initials Interior and Exterior Features Additional Rooms Garage Apartment Master Bedroom Bath Kitchen Equipment / Appliances Included 1st Floor Bedroom Great Room Morning Room Convection Microwave Range / Exhaust Fan 1st Floor Master Bedroom Guest Suite Office Cooktop- Electric Negotiable Refrigerator Basement / Rec Room In-Law- see Remarks Roughed In Bath Cooktop- Gas None Refrigerator- Built In Bonus Room Laundry- 1st Floor Studio Dishwasher Oven/Range-Built-In Surface Grill Den / Study Laundry- 2st Floor Workshop Disposal Oven/Range-Electric Trash Compactor Family Room Laundry- Basement Porch- Enclosed Dryer Oven/Range-Freestanding Washer Florida Room Library Porch- Open Porch Freezer Oven/Range-Gas Wine Chiller Foyer / Entry Hall Living Room Porch- Screened (Choose up to 14) Other (Choose up to 14) Loft Possible Additional Bedroom Other Additional Interior Features Additional Exterior Features Atrium Door Electrical Fuses- some Skylight Awning High Speed Internet Post-Type Gas Grill Attic Fan Freestanding/Window AC Sliding Glass Door Balcony Hot Tub Private Yard- see Rmks Cathedral Ceilings Hot Tub Stained Glass- some Barbecue Lawn Sprinkler System Satellite Dish Cedar Closets Intercom Sump Pump Barn / Out Building Pool- Above Ground Shed Ceiling Fan Leaded Glass- some Two Story Foyer Cable Available Pool- In-Ground Storage Central Vacuum System Natural Woodwork- some Water Softener- Leased Dock Pool- Neighborhood/Comm Tennis Court Circuit Breakers- some Pex Plumbing Water Softener- Owned Deck Partially Fenced Yard Thermal Windows- sm Copper Plumbing- some Pool Wetbar Electric Pet Fence Patio TV Antenna Drapes- some Sauna Whirlpool Tub Fully Fenced Yard Permits Available Wood Screens/Storms- sm Drybar Security System- Leased Other Garage Door Opener Playset / Swingset Other (Choose up to 14) Security System- Owned (Choose up to 10) # of Fireplaces Accessibility Artificial Foundation 32" Doors- some Elevator- ANSI standard No Step Shower Freestanding Description Accessible / ANSI- sm Entry Level Bedroom Ramp Gas Block Adaptable Home- sm Handicap Doors- some Visual Alert System Not Represented to Code Poured Bath- Removable Cabinets Kitchen- Adj Cabinets Wheelchair Bathroom Pellet Stone Built to ANSI standards No Interior Steps Wheelchair Hall- 4'+ Wood Burning Other Chairlift- see Remarks No Step Entry Wheelchair Kitchen Wood Stove (Choose 1) (Choose up to 14) No Step Laundry Other (Enter a # in box) Initials

9 RES (ingle-family Residential) Utilities Information HVAC Type Humidifier Sewer Description Heating Fuel Description Emergency Backup Systems AC Unit- Wall Multi Zone Chemical Sewer Connected Coal Propane Generator- Panel Connection AC Unit- Window Municipal Electric Septic Sewer Shared Electric Solar Generator- Permanent Baseboard Programmable Thermostat Sewer Available Other Gas Wood Sump Pump- Battery Powered Central Air Radiant Heat (Choose up to 2) Oil Other Sump Pump- Water Powered Electronic Filter Space Heater (Choose up to 4) (Choose up to 2) Forced Air Steam Water Heater / Fuel Energy Star Qualified Gravity Air Stove Electric Propane Water Resources Appliances Heat Pump Wall Furnace Gas Solar Lake Spring Heating / Cooling Heat-Gas on Gas Stove Wood Auxillary Unit None Tankless Public Available Well Lighting Hot Water Other Oil Other Public Connected Other Windows (Choose up to 9) (Choose up to 2) (Choose up to 2) (Choose up to 4) Financial Information Possible Financing Type of Sale HOA Amenities HOA Payment Description Assumable Lease Option Auction Basketball Pool Annually Quarterly Assumable w/lender Appr Owner 1st Bank Owned / REO Clubhouse Sauna Monthly Semi-Annually Cash Only Owner 2nd Co-op Docks Security None Conventional VA HUD / Gov't Owned Exercise Storage (1 Required if HOA fee > $1) FHA Wrap Normal Golf Tennis Land Contract Other Relocation Kitchen Totlot HOA Fee (Choose up to 7) Short Sale None Other $ (Choose up to 4) (Choose up to 7) 1st Mortgage Balance Lot Rent $ Tax Information Special Tax District $ Mobile Tax Exempt 2nd Mortgage / Home Equity Loan Balance New Build To-be-Subdivided $ Special Assessments Under Construction (Choose up to 3) Escrow Agent Escrow Bank Town / County Tax City / Village Tax School Tax Assessed Value Annual Special Assessment $ $ $ $ $ Display and Occupancy Information Possession After Closing Immediate Internet Third Party At Closing Leases Internet Street Address IDX AVM Commentary Lockbox Serial # Before Closing Tenant's Rights y / n y / n y / n y / n y / n (Choose up to 3) Other Virtual Tour Link- Unbranded Virtual Tour Link- Branded Owner(s) has verified the above information and warrants that it is accurate to the best of his/her knowledge. The Listing Agent assumes no responsibility to anyone for the accuracy of owner's information, except as otherwise provided by law. Owner Firm Owner Listing Agent Date Signed

10 Seller s Mandatory Property Condition Disclosure Frequently Asked Questions Who fills out the form? All sellers of existing 1-4 family homes and town homes must complete and sign the Property Condition Disclosure Statement. Some exemptions to the rule are: New construction (never inhabited) Condominium units and cooperative apartments Commercial properties Foreclosed properties Multi-family dwellings (i.e. 5 + units) Vacant land Transfer due to court order (i.e. estate, bankruptcy, eminent domain, divorce decree) HUD properties or government entities Vacant Land What are the seller s responsibilities? The seller must truthfully complete and sign a property condition disclosure statement based on seller s actual knowledge of the condition of the property. The disclosure statement must be delivered to the buyer or buyer s agent before the buyer enters a purchase and sale contract. What is actual knowledge? The seller has the option to answer yes, no, not applicable, or unknown. Sellers must answer the questions based upon their actual knowledge at the time of signing the disclosure statement. The seller is under no obligation to conduct any type of inspection of the property or to check public records in an effort to complete the disclosure statement. What happens if the seller refuses to sign the disclosure statement or does not do so in a timely manner? If a seller fails to timely complete and sign the disclosure statement and deliver it to the buyer before the buyer enters a purchase and sale contract, the buyer will receive, upon transfer of the title, a $500 credit against the agreed upon purchase price, which credit shall not relieve seller of any other obligations to buyer concerning the condition of the property under the purchase and sale contract or applicable law. What are the agent s responsibilities? The listing broker must timely inform the seller of the seller s obligation to complete the disclosure statement. An agent representing a buyer must timely inform such buyer of buyer s right to receive the disclosure statement before buyer enters a purchase and sale contract. If a buyer is not represented by an agent, seller s agent must inform buyer of buyer s right to receive the disclosure statement before buyer enters a purchase and sale contract. The seller and buyer must sign the disclosure statement, and a copy of the disclosure statement must be attached to the purchase and sale contract. Should this form take the place of a home inspection or other testing? Absolutely not. On the contrary, the disclosure statement strongly urges buyers to have a home inspection performed as well as other professional and environmental tests. Does the disclosure statement create a warranty? No. The property condition disclosure statement clearly states that the statement does not serve as any kind of warranty by the seller or by any agent representing the seller in the transaction. What if the seller discovers a defect after the seller has already completed the disclosure statement and has delivered it to the buyer? If a seller acquires knowledge that renders inaccurate a previous disclosure statement, the seller must complete and deliver a revised disclosure statement to the buyer as soon as possible. Under no circumstances is the seller required to provide a revised disclosure statement to the buyer after transfer of title or after the buyer takes occupancy of the property, whichever is earlier. Is New York the only state with this requirement? On the contrary, nearly 30 states have mandatory seller s property condition disclosure. The general experience in other states has been very positive. The consensus has been that it does not hinder the transaction. Further, all parties report that their level of satisfaction with the transfer process has been enhanced through the use of the disclosure statement.

11 PROPERTY CONDITION DISCLOSURE STATEMENT Seller(s): Property Address: General Instructions: The Property Condition Disclosure Act requires the seller of residential real property to cause this disclosure statement or a copy thereof to be delivered to a buyer or buyer s agent prior to the signing by the buyer of a binding contract of sale. Purpose of Statement: This is a statement of certain conditions and information concerning the property known to the seller. This Disclosure Statement is not a warranty of any kind by the seller or by any agent representing the seller in this transaction. It is not a substitute for any inspections or tests and the buyer is encouraged to obtain his or her own independent professional inspections and environmental tests and also is encouraged to check public records pertaining to the property. A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS ($500.00) AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY. Residential real property means real property improved by a one-to-four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to (a) unimproved real property upon which such dwellings are to be constructed or (b) condominium units or cooperative apartments or (c) property in a homeowners association that is not owned in fee simple by the seller. Instructions to the Seller: (a) Answer all questions based upon your actual knowledge. (b) Attach additional pages with your signature if additional space is required. (c) Complete this form yourself. (d) If some items do not apply to your property, check NA (Non-applicable). If you do not know the answer, check Unkn (Unknown). Seller s Statement: The seller makes the following representations to the buyer based upon the seller s actual knowledge at the time of signing this document. The seller authorizes his or her agent, if any, to provide a copy of this statement to a prospective buyer of the residential real property. The following are representations made by the seller and are not the representations of the seller s agent. GENERAL INFORMATION 1. How long have you owned the property? 2. How long have you occupied the property? 3. What is the age of the structure or structures? Note to buyer If the structure was built before 1978 you are encouraged to investigate for the presence of lead based paint. 4. Does anybody other than yourself have a lease, easement or any other right to use or occupy any part of your property other than those stated in documents available in the public record, such as rights to use a road or path or cut trees or crops? Yes No Unkn NA 5. Does anybody else claim to own any part of your property? Yes No Unkn NA (If Yes, explain below) Property Condition Disclosure Statement Effective 3/1/02, Rev. 8/06 ~ Page 1 of 4 Seller s Initials Buyer s Initials

12 6. Has anyone denied you access to the property or made a formal legal claim challenging your title to the property? Yes No Unkn NA (If Yes, explain below) 7. Are there any features of the property shared in common with adjoining land owners or a homeowners association, such as walls, fences or driveways? Yes No Unkn NA (If Yes, describe below) 8. Are there any electric or gas utility surcharges for line extensions, special assessments or homeowner or other association fees that apply to the property? Yes No Unkn NA (If Yes, explain below) 9. Are there certificates of occupancy related to the property? Yes No Unkn NA (If No, explain below) ENVIRONMENTAL Note to Seller: In this section, you will be asked questions regarding petroleum products and hazardous or toxic substances that you know to have been spilled, leaked or otherwise been released on the property or from the property onto any other property. Petroleum products may include, but are not limited to, gasoline, diesel fuel, home heating fuel, and lubricants. Hazardous or toxic substances are products that could pose short- or long-term danger to personal health or the environment if they are not properly disposed of, applied or stored. These include, but are not limited to, fertilizers, pesticides and insecticides, paint including paint thinner, varnish remover and wood preservatives, treated wood, construction materials such as asphalt and roofing materials, antifreeze and other automotive products, batteries, cleaning solvents, including septic tank cleaners, household cleaners and pool chemicals and products containing mercury and lead. Note to Buyer: If contamination of this property from petroleum products and/or hazardous or toxic substances is a concern to you, you are urged to consider soil and groundwater testing of this property. 10. Is any or all of the property located in a designated floodplain? Yes No Unkn NA (If Yes, explain below) 11. Is any or all of the property located in a designated wetland? Yes No Unkn NA (If Yes, explain below) 12. Is the property located in an agricultural district? Yes No Unkn NA (If Yes, explain below) 13. Was the property ever the site of a landfill? Yes No Unkn NA (If Yes, explain below) 14. Are there or have there ever been fuel storage tanks above or below the ground on the property? Yes No Unkn NA If yes, are they currently in use? Yes No Unkn NA (Location(s). Are they leaking or have they ever leaked? Yes No Unkn NA (If Yes, explain below) 15. Is there asbestos in the structure? Yes No Unkn NA (If Yes, state location(s) below) 16. Is lead plumbing present? Yes No Unkn NA (If Yes, state location(s) below) 17. Has a radon test been done? Yes No Unkn NA (If Yes, attach a copy of the report) 18. Has motor fuel, motor oil, home heating fuel, lubricating oil or any other petroleum product, methane gas, or any hazardous or toxic substance spilled, leaked or otherwise been released on the property or from the property onto any other property? Yes No Unkn NA (If Yes, describe below) 19. Has the property been tested for the presence of motor fuel, motor oil, home heating fuel, lubricating oil, or any other petroleum product, methane gas, or any hazardous or toxic substance? Yes No Unkn NA (If Yes, attach report(s)) Property Condition Disclosure Statement Effective 3/1/02, Rev. 8/06 ~ Page 2 of 4 Seller s Initials Buyer s Initials

13 STRUCTURAL 20. Is there any rot or water damage to the structure or structures? Yes No Unkn NA (If Yes, explain below) 21. Is there any fire or smoke damage to the structure or structures? Yes No Unkn NA (If Yes, explain below) 22. Is there any termite, insect, rodent or pest infestation or damage? Yes No Unkn NA (If Yes, explain below) 23. Has the property been tested for termite, insect, rodent or pest infestation or damage? Yes No Unkn NA (If Yes, please attach report(s)) 24. What is the type of roof/roof covering (slate, asphalt, other)? Any known material defects? Yes No Unkn NA (If Yes, explain below) How old is the roof? Is there a transferable warrantee on the roof in effect now? Yes No Unkn NA (If Yes, explain below) 25. Are there any known material defects in any of the following structural systems: footings, beams, girders, lintels, columns, or partitions? Yes No Unkn NA (If Yes, explain below) MECHANICAL SYSTEMS & SERVICES 26. What is the water source? (Circle all that apply) well, private, municipal, other: If municipal, is it metered? Yes No Unkn NA 27. Has the water quality and/or flow rate been tested? Yes No Unkn NA (If Yes, explain below) 28. What is the type of sewage system (Circle all that apply) public sewer, private sewer, septic cesspool If septic or cesspool, age? Date last pumped? Frequency of pumping? Any known material defects? Yes No Unkn NA (If Yes, explain below) 29. Who is your electric service provider? What is the amperage? Does it have circuit breakers or fuses? Private or public poles? Any known material defects? Yes No Unkn NA (If Yes, explain below) 30. Are there any flooding, drainage or grading problems that resulted in standing water on any portion of the property? Yes No Unkn NA (If Yes, state location(s) and explain below) 31. Does the basement have seepage that results in standing water? Yes No Unkn NA (If Yes, explain below) Are there any known material defects in any of the following? (If Yes, explain below. Use additional sheets if necessary): 32. Plumbing system? Yes No Unkn NA 33. Security system? Yes No Unkn NA 34. Carbon monoxide detector? Yes No Unkn NA 35. Smoke detector? Yes No Unkn NA 36. Fire sprinkler system? Yes No Unkn NA 37. Sump pump? Yes No Unkn NA Seller s Initials Property Condition Disclosure Statement Effective 3/1/02, Rev. 8/06 ~ Page 3 of 4 Buyer s Initials

14 38. Foundation/slab? Yes No Unkn NA 39. Interior walls/ceiling? Yes No Unkn NA 40. Exterior walls or siding? Yes No Unkn NA 41. Floors? Yes No Unkn NA 42. Chimney/fireplace or stove? Yes No Unkn NA 43. Patio/deck? Yes No Unkn NA 44. Driveway? Yes No Unkn NA 45. Air conditioner Yes No Unkn NA 46. Heating system? Yes No Unkn NA 47. Hot water heater? Yes No Unkn NA 48. The property is located in the following school district Unkn Note: Buyer is encouraged to check public records concerning the property (e.g. tax records and wetland and flood plain maps). The seller should use this area to further explain any item above. If necessary, attach additional pages and indicate here the number of additional pages attached. Seller s Certification: Seller certifies that the information in this Property Condition Disclosure Statement is true and complete to the seller s actual knowledge as of the date signed by the seller. If a seller of residential real property acquires knowledge which renders materially inaccurate a Property Condition Disclosure Statement provided previously, the seller shall deliver a revised Property Condition Disclosure Statement to the buyer as soon as practicable. In no event, however, shall a seller be required to provide a revised Property Condition Disclosure Statement after the transfer of title from the seller to the buyer or occupancy by the buyer, whichever is earlier. Seller: Date: Seller: Date: Buyer s Acknowledgement: Buyer acknowledges receipt of a copy of this statement and Buyer understands that this information is a statement of certain conditions and information concerning the property known to the seller. It is not a warranty of any kind by the Seller or Seller s agent and is not a substitute for any home, pest, radon or other inspections or testing of the property or inspection of the public records. Buyer: Date: Buyer: Date: Seller s Initials Property Condition Disclosure Statement Effective 3/1/02, Rev. 8/06 ~ Page 4 of 4 Buyer s Initials

15 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS FOR BUYERS AND SELLERS THIS IS NOT A CONTRACT New York State Law (Section 443 of Article 12-A of the Real Property Law) requires real estate licensees who are acting as agents of buyers and/or sellers of property to advise the potential buyers and/or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field. Seller s Agent A seller's agent is an agent who is engaged by a seller to represent the seller's interest. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law. Buyer s Agent A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interest. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care; undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interest of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer s ability and/or willingness to perform a contract to acquire seller s property that are not inconsistent with the agent s fiduciary duties to the buyer. Broker s Agent A broker s agent is an agent that cooperates or is engaged by a listing agent or a buyer s agent (but does not work for the same firm as the listing agent or buyer s agent) to assist the listing agent or buyer s agent in locating a property to sell or buy, respectively, for the listing agent s seller or the buyer agent s buyer. The broker s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker s agent. The listing agent or buyer s agent do provide direction and instruction to the broker s agent and therefore the listing agent or buyer s agent will have liability for the acts of the broker s agent. Dual Agent A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form. Page 1 of 2

16 Dual Agent with Designated Sales Agents If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer's agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller's agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. This form was provided to me by (print name of licensee) of (print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the: ( ) Seller as a (check relationship below) ( ) Buyer as a (check relationship below) ( ) Seller s agent ( ) Buyer s agent ( ) Broker s agent ( ) Broker s agent ( ) Dual agent ( ) Dual agent with designated sales agents For advance informed consent to either dual agency or dual agency with designated sales agents, complete section below: ( ) Advance informed consent dual agency. ( ) Advance informed consent to dual agency with designated sales agents. If dual agent with designated sales agents is indicated above: is appointed to represent the buyer; and is appointed to represent the seller in this transaction. (I, (We) acknowledge receipt of a copy of this disclosure form: Signature of ( ) Buyer(s) and/or ( ) Seller(s): Date: Date: Effective 1/1/11 Page 2 of 2

17 LEAD COMPLIANCE ADDENDUM To Purchase and Sale Contract Published by and for the exclusive use of the Greater Rochester Association of REALTORS, Inc., the Monroe County Bar Association, and those County Bar Associations that have approved its use. SELLER BUYER PROPERTY Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Every buyer 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. Seller s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (ii) Seller has no actual knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to Seller (check (i) or (ii) below): (i) Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below): (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Copyright 2009 Greater Rochester Association of REALTORS, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 1 of 2 Lead Compliance Addendum to Purchase and Sale Contract Seller s Initials Buyer s Initials

18 Buyer s Acknowledgment (initial (c), (d), and (e) below) (c) (d) (e) Buyer has received copies of all information listed on the prior page. Buyer has received the EPA pamphlet Protect Your Family From Lead in Your Home. Buyer (check (i) or (ii) below): (i) makes the Contract contingent upon a professional risk assessment and/or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards at Buyer s expense within ten (10) days after acceptance. If Buyer is not satisfied with the risk assessment and/or inspection report, within days after completion of the risk assessment and/or inspection, Buyer shall deliver to Seller a written notice listing the specific deficiencies and corrections needed, together with a copy of any relevant written assessment and/or inspection reports. Upon receipt of such notice, Seller and Buyer shall have days to enter into a written agreement addressing Buyer s objections. If any written agreement is entered which requires the Seller to correct the condition(s), Seller shall furnish Buyer with certification from a risk assessor or inspector demonstrating that the condition(s) have been remedied before the closing date. If this contingency is not satisfied within any of the time periods stated above, either Buyer or Seller may cancel the Contract by written notice to the other and any deposit shall be returned to Buyer, provided that this contingency has not otherwise been satisfied after the applicable time period and prior to any date on which the Contract is cancelled. (ii) waives the opportunity to conduct a risk assessment or inspection of the Property for the presence of leadbased paint and/or lead-based paint hazards. Agent s Acknowledgment (initial) (f) Agent has informed Seller of Seller s obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. SELLER SELLER DATE AGENT DATE BUYER BUYER DATE AGENT DATE Copyright 2009 Greater Rochester Association of REALTORS, Inc. and the Monroe County Bar Association. All Rights Reserved. Page 2 of 2 Lead Compliance Addendum to Purchase and Sale Contract Seller s Initials Buyer s Initials

19 FRANCHISE DISCLOSURE ADDENDUM Broker and owner Quataert and Hilbert LLC is an independent franchise of the Keller Williams Realty System. Each office is independently owned and operated. ESCROW All parties acknowledge that it may take up to seven (7) business days for the Earnest money funds to clear the bank. In the event the contract is cancelled the funds will be disbursed as soon as they are available from our M&T Escrow account. In accordance with Section 778 of the General Business Law of the State of New York, we are required to advise you that should Keller Williams Realty Rochester be the escrow agent in the attached Contract to Purchase or Lease, the down payment will be deposited in the escrow agent s bank account maintained at M&T during the term of the escrow. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE This is to notify you that Keller Williams Rochester has an affiliation with Genesee Regional Bank, Premium Mortgage, Prospect Mortgage and Wells Fargo to handle our mortgage needs. HOME WARRANTY Initial I / We have been informed about the option to purchase a home warranty. EQUAL OPPORTUNITY POLICY STATEMENT Quataert and Hilbert LLC dba Keller Williams Realty Greater Rochester is a member of the Multiple Listing Service, which covers the Greater Rochester area and some surrounding counties. Our agents can show you any homes you wish to see, regardless of location. It is the policy of Keller Williams Rochester to comply with local, New York State, and Federal fair housing laws. These laws require that the type of service provided to a home seeker shall not be influenced by the home seeker s race, color, religion, sex, handicap, familial status, or national origin or such other classes as may be determined by law to be protected classes (collectively referred to as protected classes ). Our agents are not authorized to discuss with any customer or client the composition of any neighborhood or area based upon protected classes listed. Neighborhood information may usually be secured from local schools, police departments, government offices, or from residents of the area. Further, our agents are not permitted to select houses or other property for prospective buyers on the basis of the neighborhood composition of protected classes. If at any time in your relationship with this firm, you believe that you may not have received equal service because of your protected class, we strongly encourage you to notify either the manager of the branch office through which you are seeking assistance, or the Principal Broker of this company. We do not expect there will be any problems, but we would like the opportunity to correct any problems that you feel may exist. COMMISSION PAYMENT AUTHORIZATION New York State Real Property Law considers the real estate commission due at the time of the meeting of the minds, which would be at the time a Purchase Offer or Lease is accepted. However, most real estate companies, including Keller Williams Rochester, defer the actual collection of this earned commission until the closing of the sale or lease execution. In consideration of this deferred commission collection we request your authorization for collection of the commission at the closing or lease execution from the proceeds or a certified check. To: Attorney, Closing Agent or Lender s Attorney: I (we) hereby authorize and request that the real estate commission for the sale/lease/exchange of the above property, or any portion thereof outstanding, be disbursed from the proceeds of the sale/lease/exchange at the time of closing or lease execution as billed to Keller Williams Rochester, which will indicate direct payment to the applicable real estate companies involved. In the event the proceeds are insufficient, the balance shall be paid by a certified check drawn on or official check issued by any bank, credit union (provided such check is drawn on a New York State bank) or savings and loan association having a banking office in the State of New York. CERTIFICATION I have read and understood the information in the Franchise Disclosure Addendum and the Equal Opportunity Policy Statement. SELLER NAME(S) SIGNATURE OF PROSPECTIVE SELLER SIGNATURE OF PROSPECTIVE SELLER BUYER NAME(S) SIGNATURE OF PROSPECTIVE BUYER SIGNATURE OF PROSPECTIVE BUYER I certify that I have provided the Prospective Buyer(s)/Seller(s) named above with a copy of the Franchise Addendum and Equal Opportunity Policy Statement. Signature of Sales Associate: Broker/Manager: Phone: Company Name: Quataert and Hilbert LLC, dba Keller Williams Realty Greater Rochester Date of Signatures: / / 1/1/15