HomeMy WebLinkAbout5.597 Original Contract A Y7,
Form WAR. Fo No. L -102 -R
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NW? CS Fonn No_ 1A JR�J182001 Copyright 1996
Exclusive Sale EXCLUSIVE SALE C'..
AND LISTING AGREEMENT ashington Information Network
Rev. 12/96
Page 1 of pages 1 ALL RIGHTS RESERVED
The undersigned Seller ("Seller") hereby grants to t e 4,) t' l 1 a "Broke 1
from date hereof until midnight of IQ— a3/ 0 LI- the sole and exclusive right to submit offers to purchase, 2
and to receipt for deposits in connection therewith, the real property Property") commonly known as /2 /A R �t� J- p Z I C? y 1
ty of 1"" C
3
in the Ci
County of Q) /1 01 I r ,State of Washington, Zip d and legally 4
described as: LOT
5
6
7
1. DEFINITIONS. For purposes of this Agreement (a) "MLS" means the 0 L I r /k l G Multiple Listing Ser- 8
vice/Association/Bureau, and (b) "sell' includes a contract to sell; an exchange or contract t L change; an option to pu ro ase; and/or a lease with option to purchase. 9
2. AGENCY/DUAL AGENCY. Seller authorizes Broker to appoint J 1 C, rT m IT 2, to act as Sellers Listing 10
Agent(s). It Is understood and agreed that this Agreement creates an agency relationship with Listing Agent(s) and Broker only, not with any other sales associates of Broker. 11
Any broker or salesperson, other than Broker or Listing Agent, who procures a prospective buyer for the Property will not be representing Seller and may represent the Buyer. 12
Accordingly, for the purposes of this Agreement, the term Broker means Listing Agent(s) and Listing Agent's Broker or Designated Broker, unless expressly stated otherwise. 13
Seller agrees that if the Property is sold to a buyer represented by one of Broker's salespersons other than Listing Agent(s), then Seller consents to Broker acting as a dual 14
agent. Seller further agrees that if the Properly is sold to a buyer who Listing Agent also represents, then Seller consents to Listing Agent(s) and Broker acting as dual agents. 15
Seller acknowledges that a dual agent represents both parties to a transaction; that the parties' interest in the transaction may differ and that a dual agent is not permitted 16
to give advice to either party to the detriment of the other party, promote or advocate the interest of either party over the other party, or disclose to either party confidential 17
information from or conceming the other party. If this Agreement is executed on or after January 1, 1997, then Seller acknowledges receipt of the pamphlet entitled "The Law 18
of Real Estate Agency".
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3. COMMISSION. If (a) Broker procures a Buyer on the terms in this Agreement, or on other terms acceptable to Seller; or (b) Seller directly or indirectly or through any person 20
or entity other than Broker, during the term hereof, sells the Property; then Seller will pay Broker a commission of (fill in one and strike the other) 21
0 of the sales price, or Further, if 22
Seller shag, within days (180 if not filled in) after the expiration of this Agreement, sell the Property to any person to whose attention it was brought through the signs, advertising 23
or other action of Broker, or on information secured directly or indirectly from or through Broker, during the term of this Agreement, then Seger will pay Broker the above commission. 24
Provided, that if a commission is paid to a member of MLS in conjunction with a sale, the amount of commission payable to Broker shag be bmited to the amount of commission 25
which would have been payable pursuant to this Agreement less any commission so paid to another member of MLS. Provided further, that if Seller cancels this Agreement without 26
legal cause, Seller may be liable for damages incurred by Broker as a result of cancellation, regardless of whether Seger pays a commission to another MLS member. 27
4. KEYBOX. Broker is authorized to install a keybox on the Property. Such keybox may be opened by a master key held by all members of MLS and their salespeople. A master 28
key also may be held by affiliated third parties such as inspectors and appraisers who cannot have access to the Property without Broker's prior approval which will not be 29
given without Broker first making reasonable efforts to obtain Sellers approval. 30
5. SELLER'S WARRANTIES AND REPRESENTATIONS. Seller warrants that he/she has the right to sell the Property on the terms herein and that the Property information 31
on the additional pages to this Agreement is correct. Further, Seller represents that to the best of Sellers knowledge, there are no structures or boundary indicators that either 32
encroach on adjacent property or on this Property. Seller understands that Broker and other members of MLS will make representations to prospective buyers based on the 33
Property information on the additional pages to this Agreement. Seller agrees to indemnify and hold Broker and other members of MLS harmless in the event the foregoing 34
warranties and representations are incorrect 35
6. CLOSING COSTS. Seller agrees to fumish and pay for a buyer's policy of title insurance showing marketable title to the Property. Seller agrees to pay real estate excise 36
tax and one -half of any escrow fees or such portion of escrow fees and any other fees or charges as provided by law in the case of FHA or VA financed sale. Rent. taxes, 37
interest, reserves, assumed encumbrances, homeowner fees and insurance are to be prorated between Seller and Buyer as of the date of closing. 38
7. MULTIPLE LISTING. Broker shall cause this listing to be published by MLS. Broker may refer this listing to any other multiple listing service at Broker's discretion. Broker 39
shall cooperate with all other members of MLS, or of a multiple listing service to which this listing is referred, in working toward the sale of the Property. Regardless of whether 40
a cooperating MLS member Is the agent of the Buyer, the Seller, neither or both, the member shall be entitled to receive the selling office's share of the commission. SELLER 41
UNDERSTANDS AND AGREES THAT THE PROPERTY INFORMATION ON THE ADDITIONAL PAGES TO THIS AGREEMENT WILL BE GIVEN TO PROSPECTIVE 42
BUYERS AND TO OTHER COOPERATING MEMBERS OF MLS WHO DO NOT REPRESENT THE SELLER AND. IN SOME INSTANCES, MAY REPRESENTTHE BUYER 43
IT IS UNDERSTOOD THAT MLS IS NOT A PARTY TO THIS AGREEMENT AND ITS SOLE FUNCTION IS TO FURNISH THE DESCRIPTIVE INFORMATION ON THE 44
ADDITIONAL PAGES OF THIS LISTING TO ITS MEMBERS, WITHOUT VERIFICATION AND WITHOUT ASSUMING ANY RESPONSIBILITY FOR SUCH INFORMATION 45
OR IN RESPECT TO THIS AGREEMENT.
46
8. DISCLAIMER/SELLER'S INSURANCE. Neither Broker, MLS, nor any members of MLS or of any multiple listing service to which this listing is referred shall be responsible 47
for loss, theft, or damage of any nature or kind whatsoever to the Property and/or to any personal property therein, including entry by the master key to the keybox and/or at open 48
houses. Seller is advised to notify Seller's Insurance company that the Property is listed for sale and ascertain that the Seller has adequate insurance coverage. 49
If the Property is to be vacant during all or part of the term of this listing, Seller should request that a "vacancy clause" be added to Sellers insurance policy. 50
9. BROKER'S RIGHT TO MARKET THE PROPERTY. Seller shall not commit any act which materially impairs Broker's ability to market and sell the Property under the terms 51
of this Agreement. In the event of breach of the foregoing, Seller agrees to pay Broker a commission in the above amount, or at the above rate applied to the listing price 52
herein, whichever is applicable. Broker shall be entitled to show the Property at all reasonable times. Broker need not submit to Seller any offers to lease, rent, execute an 53
option to purchase, or enter into any agreement other than for immediate sale of the Property. 54
10. REAL PROPERTY TRANSFER DISCLOSURE STATEMENT. Unless Seller is exempt under RCW 64.06, Seller shall provide to Broker as soon as reasonably practicable 55
a completed and signed "Real Property Transfer Disclosure Statement" (W.A.R. Form 0-5 or NWMLS Form 17). Seller agrees to indemnify, defend and hold Broker harmless 56
from and against any and all claims that the information Seller provides on WA.R. Form D-5 or NWMLS Form 17 is inaccurate. 57
11. DAMAGES IN THE EVENT OF BUYER'S BREACH. In the event Seller retains earnest money as liquidated damages on Buyer's breach, any costs advanced or committed 58
by Broker on Seller's behalf shall be paid therefrom and the balance divided equally between Seller and Broker. 59
12. ATTORNEYS' FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is successful, the other party agrees to pay reasonable 60
attomeys' fees. In the event of trial, the successful party shall be entitled to an award of attomeys' fees and expenses; the amount of the attomeys' fees and expenses 61
shall be fixed by the court. The venue of any suit shall be the county in which the property is located. 62
DATED THIS DA OF ^/L- Are the undersigned the sole owner(s)? 0 YES 0 NO 63
BROKE
BY J •MPANY �f• I 1 LELLE' 64
SELLER go
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47 P 4 EXCLUSIVE SALE AND LISTING AGREEMENT
Sales Price: C 0 J
Terms: i4
Location: cYQ,1 (u`zZi I Ott kG jwC�r 1 0I
Acreage: a A eV 6,c
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Utilities: 'Q P ee 14 c1 r c2 I,t, f o of t (t
Amenities: Jed •G eel r ai
Taxes: 4- e ovi P Tax Parcel i) (k O 9 D
Restrictions: _air, Z 0 X (v
Topoeranhv: L- t P 1 I c f
Directions: V i 4 l7 I .L V 1 2 V
SELLER: DATE: 4
SELLER: DATE:
Whether Buying or Selling, Always Call JACE for Land!
Coldwell Banker Uptown Realty, Port Angeles, Washington 98362
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EXHIBIT A
LEGAL DESCRIPTION
Parcels 1, 5, 6, 7 and 8 urvey record Volume of Surveys,
Page under Auditor's e No. 572387 mg a porti of the Sou
11 er of the South quarter of Sect 12 and the rtheast of the
I� orthwest q of Section 13, T nship 30 No Range 6 W W.M.,
Clallam Co Washington;
Lot 3 of Short Plat No. 85 -11 -7 recorded in Volume 16 of Short Plats, Page 58,
under Auditor's File No. 577654, being a portion of Parcel 4 of Survey
recorded in Volume 11 of Surveys Page 44 in the Southwest quarter of Section
12, Township 30 North, Range 6 West, W.M., Clallam County, Washington.
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