test buyerdocuments single
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1.
EXCLUSIVE RIGHT TO REPRESENT BUYER AGREEMENT (the "Agreement")
EXCLUSIVE RIGHT: Buyer(s) appointsColdwell Banker Residential Brokerage (hereinafter "Coldwell" or "Broker")) as Buyer's exclusive agent for the purposeof assisting Buyer to find and/or acquire an interest in suitable real property acceptable to Buyer.
2. PROPERTY: Property means residential property.
3. TERM OF AGREEMENT: This agreement shall begin on and expire amidnight on unless the Buyer client is in a pending negotiation or has entered into afully signed purchase agreement, (either situation hereinafter referred to as a "Pending Transaction") then this Agreemenwill extend through the closing date of that Pending Transaction.
4. BROKER'S DUTIES: Coldwell agrees:
(a) To attempt to locate a property acceptable to Buyer;
(b) To negotiate on Buyer's behalf terms and conditions agreeable to Buyer; and,
(c) To act in Buyer's interest regarding the location, purchase or exchange of a property.
(d) Coldwell has no duty to conduct an independent inspection of the Property for the benefit of Buyer and has no dutyto independently verify the accuracy or completeness of statements made by a seller or independent inspectors. Coldwelhas no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy orcompleteness of any statement made by Buyer.
5. BUYER'S DUTIES: Buyer agrees:
(a) To tell Coldwell about all past and current contacts with any real property or any other real estate agents;
(b) To utilize Coldwell exclusively in following up leads or information about a property no matter what the source ofsuch lead or information;
(c) To cooperate with Coldwell and be reasonably available to examine real property;
(d) Upon request, to give Coldwell financial and personal info regarding Buyer's needs and ability to purchase; and,
(e) To schedule all appointments to see a property exclusively through Coldwell..
6. OTHER TERMS AND CONDITIONS:
(a) Buyer understands that Coldwell may represent other buyers and show and sell other buyers the same propertiesBuyer understands and acknowledges that if any of Coldwell's clients have interest in a particular property, thatinformation is considered to be confidential and will not be disclosed to any other clients.
(b) Coldwell may share and disclose non-confidential information about Buyer with other agents who offer reaproperty for sale.
(c) Buyer understands that this Agreement is an exclusive appointment and represents and warrants that it does no
have a similar agreement with any other broker. Buyer acknowledges and understands that if the aforesaid representationand warranty is incorrect, Buyer maybe be liable for the payment of more than one brokerage fee. Buyer agrees not toenter into another exclusive agreement with any other real estate broker unless this Agreement has terminated.
(d) This Agreement may be terminated if the following conditions are met;
1) The Agreement expires; or buyer and broker mutually agree to terminate this Agreement, in writing, prioto expiration.
2) Broker reserves the right to re-assign you to another agent within the firm or to refer you to another agency
Phone: Fax:
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for representation should the parties mutually decide that is best.
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Buyer Initials / Date
(c) Coldwell's Fee is due no later than the date on which title to the real property transfers to Buyer.
9. FAIR HOUSING:IT IS UNLAWFUL UNDER FEDERAL AND/OR STATE LAW TO DISCRIMINATE ON
(a) Buyer understands that Broker represents sellers in addition to buyers and Buyer agrees that Broker may representboth Buyer and Seller in the purchase and sale of a property and that Broker may be the agent of both the Buyer and aseller. In that event, Buyer consents to and confirms this consent to a possible dual representation.
(d) Property information available through the Multiple Listing Service or other sources, including listed and soldproperties, which has been requested by either client, will be disclosed to both clients.
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7. BROKERS FEE:
(a) Coldwell's commission is % of the purchase price (hereinafter "Fee").Coldwell is authorized andinstructed by the Buyer to request payment of its Fee from the listing broker or seller. Buyer shall be obligated to payany portion of the commission which is less than % of the purchase price. Coldwell shall be entitled toreceive additional compensation or bonuses and incentives paid by the listing broker or seller. Even though Coldwell'Fee may be paid by a seller or listing broker, Coldwell will continue to represent the interests of the Buyer.
(b) If Buyer buys a property within days after the ending date of this contract, Buyer will pay Coldwell'sFee if Buyer learned of the property during the term of this contract.
Buyer Initials / Date Coldwell Initials / Date
The obligation to pay Coldwell's Fee will automatically extend through the date of the actual closing and transfer of title,even though this date occurs after the term of this Agreement or any extension expires.
THE BASIS OF RACE, CREED, COLOR, NATIONAL ORIGIN, ANCESTRY, SEX, SEXUAL ORIENTATIONMARITAL STATUS, AGE, LEARNING DISABILITY, MENTAL DISABILITY, FAMILIAL STATUS AND/ORPHYSICAL DISABILITY.
10. DUAL AGENCY:
In the event of a dual representation, Buyer agrees Broker shall not be required to and shall not disclose to either(b)party any personal, financial or other confidential information without the express written consent of the party whoseinformation is disclosed, other than information related to material property defects which are known to Broker and anyother information Broker is required to disclose by law.
Broker may not disclose;(c)
To the Buyer that a Seller will accept less than the asking price, or to the Seller that the Buyer can or will pay(i)
more than what is stated in a written offer unless instructed by that client in writing;
The motivation of either client, unless otherwise instructed to do so by the respective client;(ii)
That the Buyer or the Seller will agree to financing terms other than those offered, unless instructed in(iii)writing by the respective client.
(e) Broker shall remain impartial to each client and shall facilitate a mutually agreed upon sale.
(f) Broker agrees to immediately inform Buyer when Broker is showing Buyer a Seller client's property.
(g) Broker shall be able to perform in a dual capacity with the written and informed consent of both clients.
11. DESIGNATED AGENCY:
In the event the Brokerage Firm represents the Buyer and the Seller in the same transaction and there are two differentagents involved, the Firm can designate one agent to represent the sole interests of the Buyer and designate another agentto represent the sole interests of the Seller with the client's written authorization and informed consent. This documentshall serve as written authorization from the Buyer.
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12. GENERAL CONSIDERATIONS: Buyer and Broker both understand that this is a binding agreement and
Execution by Facsimile, The parties agree that this Agreement and any attached addenda may be transmitted betweenthem by facsimile machine and the parties intend that a faxed Agreement containing either the original and/or copies of
the signature of all parties shall constitute a binding Agreement.
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either party may enforce their rights under this Agreement in a court of law. If Buyer or Broker commences litigation toenforce their rights under this Agreement, the prevailing party shall be entitled to be paid as part of the award, its costsand expenses, including attorney's fees. If Buyer has questions concerning this transaction and/or any documentsexecuted in connection with this transaction, the legal title to property, tax considerations, property inspections,engineering, or the uses of neighboring properties, Buyer should consult with an attorney, a tax advisor, a buildinginspector or appropriate governmental agencies.
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Buyer Coldwell Banker Residential BrokerageDate
Street
City/StateZip
Buyer Date
Street
ZipCity/State
Authorized AgentDate
DateAuthorized Agent
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For use in NY
Property Address to be Covered
City State ZIP
Listing Expiration Date (if selling)
Email AddressPhone Number
Mailing Address - Only if different from covered property
Real Estate Company
Agent Name
Agent Email
Main Office Phone Number
Closing Company Name
Phone Number Fax Address
Estimated Closing Date Closing Number
Closing Representative Name
Email Address
BUYER HOME PROTECTION PLAN PACKAGE
Buyer Home Protection Plan $
Buyer Options Total $
Signature Date
REAL ESTATE EDITIONPricing and Application
1 2Complete your enrollment form Select your coverage
Trade Service Call Fee
$100
Agreement Number (provided when AHS receives your application)
PROPERTY INFORMATION
Year Built
SELLER INFORMATION
First Name Last Name
BUYER INFORMATION
First Name Last Name
Email AddressPhone Number
Mailing Address - Only if different from covered property
REAL ESTATE COMPANY INFORMATION
Initiating Real Estate Associate Buyer Seller
ShieldEssential
ShieldPlus
ShieldComplete
10 10 10
$490 $590 $735 $860 $815 $980
AGE OF HOME (YRS)
Single Family Home (SFH)
Condo/Townhome/Mobile Home $390 $550 $610
New Construction SFH (yrs. 2-5) $1,305 $1,735 $1,855
New Construction Condo (yrs. 2-5) $780 $1,170 $1,380
BUYER OPTIONS
SFH/Condo/Townhome/
Mobile HomeNew
Constructio
Additional Refrigerators* $15 $40
Well Pump and Septic System Pumping
& Septic Sewage Ejector Pump**
$370 $985
Swimming Pool** $180 $480
Spa Equipment $180 $480
Swimming Pool/Spa Equipment (shared equipment)** $180 $480
*Available only with the ShieldPlus and ShieldComplete Packages
**Not available for Condo/Townhome/Mobile Home
SELLER COVERAGE OPTION
Same covered items as the ShieldEssential package
Yes, add to my ShieldEssential,
ShieldPlus or ShieldComplete selection above $75
3 Total & Sign
Seller Coverage Option $
Grand Total $
NOTE: Unless otherwise noted, all prices shown are for a one-yearAgreement Term for homes under 5,000 sq. feet. To obtain quotes forSingle Family Homes over 5,000 sq. feet, for multiple unit properties,and for 2 year pricing plans, please call 866-797-4788.
American Home Shield may provide compensation to real estate brokersand their related companies for services provided in connection with i ts HomeWarranty program. In connection with the program, a broker may provideinformation regarding you and your home to AHS. By submitting thisapplication, you authorize the broker to share such information with AHS andauthorize AHS to use such information in connection with its program. Youare not required to buy a home warranty. If you would like to purchase one, itdoes not require the listing or purchase of real estate through a franchisedoffice as a condition of purchase.
I accept the benefits of the Coldwell Banker Home Protection Plancoverage. I received a copy of the Coldwell Banker Home Protection PlanAgreement and understand the key terms, coverage, l imitations andexclusions, and I had the opportunity to ask questions regarding suchcoverage.
I decline the opportunity to purchase the Coldwell Banker HomeProtection Plan coverage.
Signature Date
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Fax Phone Number
Cooperating Real Estate Associate Buyer Seller
Main Office Phone Number Fax Phone Number
Agent Name
Agent Email
CLOSING COMPANY
SEND US YOUR ENROLLMENT APPLICATION
Mail with PaymentAHS, P.O. Box 2803Memphis, TN 38101
Mail without PaymentAHS, P.O. Box 849Carroll, IA 51401
Phone: 866-797-4788
Fax: 800-329-2478
Español: 800 250 2025
Online: www.ahswarranties.com/cb
Saltwater Pool Equipment** $720$270
Issued by
Phone: Fax:
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PLANS AT A GLANCEIndustry-Leading Coverage and Quality
Air Conditioning (Including geothermal systems)
ShieldEssential ShieldPlus ShieldComplete
Systems
Heating (including geothermal systems)
Ductwork
Plumbing (including stoppages; sump pumps; plumbing sewage ejector pumps)
Electrical Water Heaters
Appliances
Washer Dryer Refrigerator w/Ice Maker and dispenser (Kitchen refrigerator only) Built-in Microwave Ovens Dishwashers Garbage Disposals Ranges/Ovens/Cooktops
There is a Trade Service Call Fee per service trade (plumber, electrician, etc.), and this is typically less thantheir standard service rates.
Trade Service Call Fee
As always, homeowners should refer to their Coldwell Banker Home Protection Plan Agreement for specific coverage information andlimitations.To download a Sample Agreement visit ahshome.com.
Additional Home Items
Ceiling Fans
Telephone Wiring Doorbells Garage Door Openers Instant Hot/Cold Water Dispensers Built-In Exhaust/Attic/Whole House Fans
Same Level of Coverage Across All Packages
Lack of Maintenance Rust & Corrosion Sediment Refrigerant Recapture, Reclaim & Disposal Removal of Defective Equipment Mismatched Systems
Optional Coverage for Buyers (available for an additional cost)
Available AvailableAdditional Refrigerators (up to 4, including wine refrigerators up to 6 cubic feet)
Available Available AvailableWell Pump and Septic System Pumping & Septic Sewage Ejector Pump
Available Available AvailableSwimming Pool or Spa Equipment
Available Available AvailableSwimming Pool/Spa Equipment (shared equipment)
Available Available AvailableSaltwater Pool Equipment
Undetectable Pre-existing Conditions
Improper Installations, Repairs or Modifications Permits ($250 per Agreement Term) Code Violations ($250 per Agreement Term)
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New York StateDEPARTMENT OF STATEDivision of Licensing ServicesP.O. Box 22001Albany, NY 12201-2001
Customer Service: (518) 474-4429www.dos.state.ny.us
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT
who are acting as agents of buyers or sellers of property to advise the potential buyers 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.
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.
Disclosure Regarding Real EstateAgency Relationships
Seller’s AgentA seller’s agent is an agent who is engaged by a sellerto represent the seller’s interests. The seller’s agentdoes this by securing a buyer for the seller’s home at aprice and on terms acceptable to the seller. A seller’sagent has, without limitation, the following fiduciaryduties to the seller: reasonable care, undivided loyalty,confidentiality, full disclosure, obedience and duty toaccount. A seller’s agent does not represent theinterests of the buyer. The obligations of a seller’sagent are also subject to any specific provisions setforth in an agreement between the agent and theseller. In dealings with the buyer, a seller’s agentshould (a) exercise reasonable skill and care inperformance of the agent’s duties; (b) deal honestly,
fairly and in good faith; and (c) disclose all factsknown to the agent materially affecting the value ordesirability of property, except as otherwise providedby law.
DOS-1736-a (Rev. 11/10)
agent does this by negotiating the purchase of a homeat a price and on terms acceptable to the buyer. Abuyer’s agent has, without limitation, the followingfiduciary duties to the buyer: reasonable careundivided loyalty, confidentiality, full disclosureobedience and duty to account. A buyer’s agent doesnot represent the interest of the seller. The obligationsof a buyer’s agent are also subject to any specificprovisions set forth in an agreement between theagent and the buyer. In dealings with the seller, abuyer’s agent should (a) exercise reasonable skill andcare in performance of the agent’s duties; (b) deal
honestly, fairly and in good faith; and (c) disclose allfacts known to the agent materially affecting thebuyer’s ability and/or willingness to perform acontract to acquire seller’s property that are notinconsistent with the agent’s fiduciary duties to thebuyer.
Broker's AgentsA broker’s agent is an agent that cooperates or isengaged by a listing agent or a buyer’s agent (butdoes not work for the same firm as the listing agent orbuyer’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 buyeragent’s buyer. The broker’s agent does not have adirect relationship with the buyer or seller and thebuyer or seller cannot provide instructions or directiondirectly to the broker’s agent. The buyer and the sellertherefore do not have vicarious liability for the acts ofthe broker’s agent. The listing agent or buyer’s agentdo provide direction and instruction to the broker’sagent and therefore the listing agent or buyer’s agentwill have liability for the acts of the broker’s agent.
Dual Agent
A real estate broker may represent both the buyer andseller if both the buyer and seller give their informedconsent in writing. In such a dual agency situation, theagent will not be able to provide the full range offiduciary duties to the buyer and seller. Theobligations of an agent are also subject to any specificprovisions set forth in an agreement between the
New York State law requires real estate licensees
Throughout the transaction you may receive more
a professional in that field.If you need legal, tax or other advice, consult with
Buyer's AgentA buyer’s agent is an agent who is engaged by abuyer to represent the buyer’s interests. The buyer’s
Phone: Fax:
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agent, and the buyer and seller. An agent acting as adual agent must explain carefully to both the buyerand seller that the agent is acting for the other party aswell. The agent should also explain the possibleeffects of dual representation, including that byconsenting to the dual agency relationship the buyerand seller are giving up their right to undividedloyalty. A buyer or seller should carefully considerthe possible consequences of a dual agency
relationship before agreeing to such representation. Aseller or buyer may provide advance informed consentto dual agency by indicating the same on this form.
DOS-1736-a (Rev. 11/10)
works under the supervision of the real estate brokerWith the informed consent of the buyer and the sellerin writing, the designated sales agent for the buyerwill function as the buyer’s agent representing theinterests of and advocating on behalf of the buyer andthe designated sales agent for the seller will functionas the seller’s agent representing the interests of andadvocating on behalf of the seller in the negotiationsbetween the buyer and seller. A designated sales agent
cannot provide the full range of fiduciary duties to thebuyer or seller. The designated sales agent mustexplain that like the dual agent under whosesupervision they function, they cannot provideundivided loyalty. A buyer or seller should carefullyconsider the possible consequences of a dual agencyrelationship with designated sales agents beforeagreeing to such representation. A seller or buyer mayprovide advance informed consent to dual agencywith designated sales agents by indicating the same onthis form.
This form was provided to me by
( ) Seller as a (check relationship below)
Seller's agent
Broker's agent
Date: Date:
Dual Agent with Designated Sales
If the buyer and seller provide their informed consentin writing, the principals and the real estate brokerwho represents both parties as a dual agent maydesignate a sales agent to represent the buyer andanother sales agent to represent the seller to negotiatethe purchase and sale of real estate. A sales agent
Agents
(print name of licensee) o
(print name of company, firm or brokerage), a licensed rea
estate broker acting in the interest of the:
( )
( )
( ) Buyer as a (check relationship below)
( ) Buyer's agent
( ) Broker's agent
( ) Dual agent
( ) Dual agent with designated sales agent
For advance informed consent to either dual agency or dual agency with designated sales agents complete sectionbelow:
( ) 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):
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AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT
To: (Buyer/Tenant)
From: Coldwell Banker Residential Brokerage
This is to give you notice that Coldwell Banker Residential Brokerage ("Broker") has a business relationship with the companies
listed below in this Statement. Realogy Group LLC owns 100% of Realogy Services Group LLC, which owns 100% of NRT LLC, which
owns 100% of Broker. Realogy Group LLC also owns 100% of each company listed below, except for the mortgage lender, in which
Realogy Services Venture Partner LLC, a subsidiary of Realogy Services Group LLC, has a 49.9% ownership interest. Realogy Group
LLC also indirectly owns the franchisors of the BETTER HOMES & GARDENS® REAL ESTATE, COLDWELL BANKER®
COLDWELL BANKER COMMERCIAL®, CENTURY 21®, ERA®, AND SOTHEBY'S INTERNATIONAL REALTY® franchise systems
Because of these relationships, Broker's referral of business to any of the companies listed below may provide Broker, Realogy Group
LLC, NRT LLC, the franchisors owned indirectly by Realogy Group LLC, and/or their employees, affiliates, or any other related parties
noted herein a financial or other benefit.
COMPANIES SETTLEMENT SERVICES ESTIMATE OF CHARGES OR RANGE OF CHARGES
Coldwell Banker Home Loans
Provides a full range of residential first
mortgage loan products and services.
Castle Edge Insurance Agency, Inc.
$0
$450
-2% to 5% of loan amount
Rates range from $1.00 to $5.00 per $1,000 of coverage
depending on type of construction and location of property
Buyer/Tenant Signature
Phone: Fax:
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Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed
providers as a condition of the purchase or sale of your property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE
PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Property:
Date:
If this form is being provided to you as the seller then this form refers to the property being sold. If this form is
being provided to you as a buyer or prospective buyer then this form refers to any property that you may
consider purchasing with the assistance of Coldwell Banker Residential Brokerage.
In addition to the affiliated business relationships described above, Broker has a business arrangement with American Home Shield
Corporation ("AHS"). While Broker, Realogy Group LLC, and NRT LLC, including their subsidiaries and affiliates, do not have any
ownership interests in AHS, they may receive fees from AHS in return for their performance of services.
I/we have read this disclosure form, and understand that Broker is referring me/us to purchase the above-described settlement
service(s) and that Broker, Realogy Group LLC, NRT LLC, their employees and/or subsidiaries and affiliates may receive a financial or
other benefit as the result of this referral.
ACKNOWLEDGMENT
Buyer/Tenant Signature
Date
Date
Provides insurance agency services for
homeowner's insurance.
Loan origination fee
Loan discount fee/points
Application fee
Homeowner's insurance premium
Skyline TRG Title Agency
Provides searches of public records that
bring to your attention any knownproblems with the property's title before
closing, and insures against loss due to
certain title defects.
$650-$775
$25 each or 10% of straight mortgage premium
Purchase of title policies (1108 - 1110):
Standard endorsements
Search and examination
$100,000 home$250,000 home
$500,000 home
$1,200-$1,430
$2,100-$2,550
$250
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ADDITIONAL NEW YORK DISCLOSURE STATEMENT FOR AFFILIATED RELATIONSHIPWITH TITLE INSURANCE COMPANY
To: (Buyer)
From:
Property:
Coldwell Banker Residential Brokerage
If this form is being provided to you as the seller then this form refers to the property being soldIf this form is being provided to you as a buyer or prospective buyer then this form refers to anyproperty that you may consider purchasing with the assistance of Coldwell Banker Residential
Brokerage.Date:
This is to give you notice that Coldwell Banker Residential Brokerage. (“Broker”) has a business relationship with Title
Resource Group Settlement Services, LLC d/b/a Skyline TRG Title Agency (“Skyline”). Realogy Group LLC
(“Realogy”) indirectly owns both Broker and Skyline. Specifically, Realogy owns 100% of Realogy Services Group
LLC, which owns 100% of NRT LLC, which owns 100% of Coldwell Banker Residential Brokerage. Realogy Services
Group LLC also owns 100% of Title Resource Group LLC (“TRG”). Skyline is owned 100% by TRG Settlement
Services, LLP which is owned 99% by Title Resource Group Services LLC and 1% by Title Resource Group LLC.
Because of these relationships, Broker, Skyline, Realogy, Realogy Services Group, LLC, NRT LLC and TRG and/or their
employees or affiliates are likely to receive a financial or other benefit as a result of this referral to Skyline. Any money
or other thing of value received will be based on the recipient’s financial or other beneficial interest in Skyline, will not
be related to the amount of title insurance business the recipient refers to Skyline, and will not violate New York
Insurance Law sections 2324 or 6409 or the Federal Real Estate Settlement Procedures Act (RESPA). Broker is no
required to refer any specific amount of title insurance business to Skyline, Broker is not the sole source of business for
Skyline, and Skyline has significant and multiple sources of business. TRG will receive 100% of Skyline’s profi
distributions, Realogy Services Group LLC will receive 100% of TRG’s profit distributions, and Realogy will receive
100% of Realogy Services Group LLC’s profit distributions. Broker, however, will not receive any compensation or
other thing of value from Skyline.
YOU ARE NOT REQUIRED TO USE THE SERVICES OF SKYLINE AS A CONDITION OF THE PURCHASE OR
SALE OF YOUR PROPERTY. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS
AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU
ARE RECEIVING THE BEST TITLE SERVICES AND THE BEST RATE FOR THE TITLE SERVICES.
Set forth below is the estimated charge or range of charges for the settlement services listed:
COMPANY SETTLEMENT SERVICES ESTIMATE OR RANGE OF CHARGES
Title Resource Group
Settlement Services, LLC
d/b/a Skyline TRG TitleAgency
Title insurance premium $7.29 to $3.21 per
thousand dollars of policy coverage.**This range of charges covers, as an example, policies from
$100,000.00 to $5,000,000.00, however the cost to you will diffe
depending on the policy amount
Acknowledgment of Receipt of Disclosure
I/we have read this disclosure form, and understand that Broker is referring me/us to use the above-described settlemen
service provider and that Broker, Skyline, Realogy, Realogy Services Group, LLC, NRT LLC, TRG, and/or their
employees or affiliates are likely to receive a financial or other benefit as a result of this referral.
Buyer’s Signature
Buyer’s Signature
Phone: Fax:
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Date
Date
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DISCLOSURE TO SELLER REGARDING PROPERTY CONDITION DISCLOSURE
Phone: Fax:
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As the seller of residential real property, you are required by law to complete and sign a Property Condition
Disclosure Statement as prescribed by Real Property Law 462(2) and cause it, 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. A copy of the
Property Condition Disclosure Statement containing the signature of both the buyer and the seller must be
attached to the real estate purchase contract. If you acquire knowledge which renders materially inaccurate a
Property Condition Disclosure Statement previously provided, you must deliver a revised Property Condition
Disclosure Statement to the buyer as soon as practicable. In no event, however, will you be required to provide
a revised Property Condition Disclosure Statement after the transfer of title from you to the buyer or after the
buyer has commenced occupancy of the property. If you fail to deliver a Property Condition Disclosure
Statement to the buyer prior to the buyer signing a binding contract of sale, the buyer will be entitled to a credit
in the amount of $500.00 against the purchase price of the property upon the transfer of title.
Seller
STATEMENT
I have received and read this disclosure notice.
Dated:
Seller
DISCLOSURE TO BUYER REGARDING PROPERTY CONDITION DISCLOSURE
STATEMENT
As the buyer of residential real property, you are entitled by law to receive from the seller a signed Property
Condition Disclosure Statement as prescribed by Real Property Law 462(2) prior to your signing of a binding
contract of sale. A copy of the Property Condition Disclosure Statement containing the signatures of both the
buyer and the seller must be attached to the real estate purchase contract. You are also entitled to receive a
revised Property Condition Disclosure Statement as soon as practicable in the event that the seller acquires
knowledge, which renders materially inaccurate a Property Condition Disclosure Statement previously
provided to you. You will not be entitled to receive a revised Property Condition Disclosure Statement after
the transfer of title from the seller to you or after you have commenced occupancy of the property. In the even
the seller fails to deliver a Property Condition Disclosure Statement to you prior to your signing a binding
contract of sale, you are entitled to receive a credit in the amount of $500.00 against the purchase price of the
property upon the transfer of title.
I have received and read this disclosure notice.
Dated:Buyer
Buyer
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THIS IS A LEGALLY ENFORCEABLE CONTRACT. YOUSHOULD CONSIDER WHETHER YOU WISH TO CONSULTYOUR ATTORNEY PRIOR TO SIGNING THE SAME.
"THE RATE OR AMOUNT OF COMMISSION CHARGED FORTHE SALE, LEASE, APPRAISAL OR MANAGEMENT OFREAL ESTATE SHALL BE NEGOTIATED BETWEEN EACHMEMBER OF LIBOR AND HIS CLIENT"
SALES AGREEMENT
PURCHASER: SELLER:
The undersigned buyer hereby offers to purchase the real property owned by the seller and located aton the following terms and conditions
1. Purchase Price2. Good faith deposit3. Down payment payable on Formal Contract (including above deposit)4. Subject to a mortgage of 5. Cash on closing
TERMS AND CONDITIONS
$$$$$
$*NET TOTAL TO SELLER (minus seller's concession)
FINANCING
.
PERSONAL PROPERTY
CLOSING
LEAD HAZARD CONTINGENCY
ARBITRATION
COMPLETE AGREEMENT
BUYER'S BROKER CLAUSE (if applicable)
ATTORNEY'S APPROVAL CLAUSE
Date
Name:Name:
Name: Name:
Address: Address:
6. Seller's Concession $ ( )
*The actual Seller's Net at closing could be less after payoffs of existing mortgages, transfer fees, brokerage fees, etc. from Seller's proceeds
at closing
It is further understood and agreed that if this offer is not accepted by the seller in writing, the above good faith deposit will be totally refunded to thebuyer. IN THE EVENT, HOWEVER, THE SELLER DOES ACCEPT THIS OFFER IN WRITING, THEN SAID GOOD FAITH DEPOSIT WILLBE DELIVERED TO THE SELLER AND THE BUYER WILL PROCEED TO COMPLETE THE TRANSACTION IN ACCORDANCE WITHTHIS PURCHASE AGREEMENT.
This sale is subject to and conditioned upon the buyer obtaining a (variable) (fixed rate) mortgage in the amount of $ withinterest at prevailing rate amortized over a period of not less than years. Buyer understands that he/she/they are obligated tomake a good faith effort to obtain such financing.
The mortgage commitment to be obtained within days from the date hereof, or the date of a formal contract, whichever is later. A formacontract is to be signed by the parties on or about
The following personal property is included in the sale and is represented by seller to be in working order. Exclusions are:
Location and address: . The balance of thepurchase price will be delivered by the buyer to the seller at the date of the closing which will take place on or about
This agreement is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and /or lead-based paint hazards at thePurchaser's expense until 9:00pm on the tenth calendar day after the ratification or a date mutually agreed upon. This contingency will terminate at the abovepredetermined deadline unless the Purchaser (or Purchaser's agent) delivers to the Seller (or Seller's agent) a written contract addendum listing the specific existingdeficiencies and corrections needed, together with a copy of the inspection and or risk assessment report. The Seller may, at the Seller's option, within 3 days afterdelivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish thPurchaser with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of settlement. If the Seller does noelect to make the repairs, or if the Seller makes a counter-offer, the Purchaser shall have 2 days to respond to the counter offer, or remove this contingency and take theproperty in "as-is" condition or this contract shall become void. The Purchaser may remove this contingency at any time without cause.*Intact lead-based paint that is in good condition is not necessarily a hazard. See EPA pamphlet: Protect Your Family from Lead in Your Home for more information
Any dispute in which a real estate broker is claiming a commission from a party hereto as a result of the transaction set forth in this agreement, and where the disputinvolves a sum of money more than $6,000, shall be resolved by arbitration before one single arbitrator. The arbitration shall be held in the county in which the reaestate, which is the subject matter of this agreement, is located. The arbitration shall be governed by the commercial rules of the National Arbitration Association. Theprevailing party in the arbitration shall be entitled to recoup all of its costs, including, but not limited to, all fees paid to the National Arbitration Association, thearbitrator, any other administrative fees and reasonable attorney fees. Any Award of the Arbitrator shall be final and conclusive upon the parties hereto and a Judgmentthereon may be entered in the highest court of the State of New York having jurisdiction. Nothing herein contained shall prevent a broker from commencing an action,as law or equity where such action is necessary, for the broker to obtain injunctive or other temporary relief such as the relief provided in CPLR 2701.
Buyer and Seller acknowledge and agree that no representations, warranties or agreements have been made with respect to the premises or the purchase price hereofother than those set forth in the agreement. Buyer and Seller further agree that this agreement cannot be changed or modified in any way except by writing signed byboth buyer and seller.
This agreement is contingent upon purchaser and seller obtaining approval of this agreement by their attorney as to all matters contained therein. This contingency shalbe deemed waived, unless purchaser's or seller's attorney on behalf of their client, notifies the broker in writing of their disapproval of the agreement no later than 3business days after full execution hereof. If purchaser's or seller's attorney notifies, then this agreement shall be deemed cancelled, null and void, and all deposits shallbe returned in full to the purchaser.
Seller & Purchaser recognize Coldwell Banker Residential Brokerage as the sole broker who procured the purchaser in connection with this sale. The above amoundeposits and terms have been accepted by the seller and buyer. Included in the above selling price is a (Buyer's Broker) Commission in the amount of$ payable to Coldwell Banker Residential Brokerage The Buyer's Broker Commission shall be deducted from the amount of proceeds du
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Phone: Fax:Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Criminals/hackers are targeting email accounts of various parties involved in a real estate transaction (e.g.,
lawyers, title agents, mortgage brokers, real estate agents). Among other concerns, this has led to fraudulent
wiring instructions being used to divert funds to the criminal's bank account. These emails may look like
legitimate emails from the proper party. Coldwell Banker Residential Brokerage strongly recommends that
you, your lawyers and others working on a transaction, should refrain from placing any sensitive
personal and financial information in an email, directly or through an email attachment. When you need
to share Social Security numbers, bank accounts, credit card numbers, wiring instructions or similarsensitive information, we strongly recommend using more secure means, such as providing the
information in person, over the phone, or through secure mail or package services, whenever possible. In
addition, before you wire any funds to any party (including your lawyer, title agent, mortgage broker, or
real estate agent) personally call them to confirm it is legitimate (i.e., confirm the ABA routing number
or SWIFT code and credit account number). You should call them at a number that you obtain on your own
(e.g., the sales contract, their website, etc.) and not use the phone number in the email in order to be sure that
you are contacting a legitimate party.
WIRE FRAUD DISCLOSURE
Name: Date
COLDWELL BANKER RESIDENTIAL BROKERAGE IS PROVIDING WIRE FRAUD
NOTIFICATION TO ALERT BUYERS AND/OR SELLERS, AS THE CASE MAY BE, ABOUTPOTENTIAL RISKS RELATING TO THE FUNDING OF TRANSACTIONS
Disclosure to Buyer Clients Regarding Risks of Receiving Fraudulent Wiring Instructions
Acknowledgement of Receipt:
DateName:
© 2015 Coldwell Banker Residential Brokerage. All Rights Reserved. Coldwell Banker Residential Brokerage fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Operated by a subsidiary o
NRT LLC. Coldwell Banker® and the Coldwell Banker logo are registered service marks owned by Coldwell Banker Real Estate LLC.
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Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the
buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession
and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
Seller has provided the purchaser with all available records and reports pertaining to lead-based paintand/or lead-based paint hazards in the housing (list documents below).
Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in thehousing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d)
Agent
Purchaser
Agent
Date
Date Date
DatePurchaser
Agent's Acknowledgment (initial)
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that theinformation they have provided is true and accurate.
Seller Date DateSeller
(i)
(ii)
(i)
(ii)
Purchaser has received the pamphlet Protect Your Family from Lead in Your Home .
(e) Purchaser has (check (i) or (ii) below):
(i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment orinspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paintand/or lead-based paint hazards.
(f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of his/herresponsibility to ensure compliance.
Phone: Fax:
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Property Address:
CBRB - Ronkonkoma, 2395 Ocean Ave. Suite 1 Ronkonkoma, NY 11779(631)542-5345 (631)236-1839 Phillip King Test Buye