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HomeMy WebLinkAbout5.597 Original Contract (2) "NORM 1tN1NSULA BUILDING ASSOCIATION EXCLUDED 59 7 WAR. Fomn No. L -102 -R FOR THE 1st 30 DAYS OF LISTING 1 ©0� I t MAULS Fomh No. to 0 Copyright 1996 Exclusive Sale EXCLUSIVE SALE AND USTING AGREEMENT ashhgton Information Network Rev. 12/96 i G t� t i A ALL RIGHTS RESERVED Tee 1 _pages Z1 A U Q r The undersigned Seller ('Sellers hereby grants to 1 1 1 ('Broker) 1 from date hereof until midnight of A r 21 OA the sole and exdusive right to submit o to purchase. and to receipt for sits in connection therewith. the real property "the Property')) common know n as 0 iZ 0 1) 7 d- a L t, T Al; re in the City of me I 4-4)(/ a County of CI 6 4 i 1 State of Washi on, Zip 9 8. l and legally descri as: LOT UL- 9 TO Li' S 1 (l U 19 r J /46 P t Q( E t t 1t 4 h4 1. DEFINITIONS. For purposes of this Agreement (a) "MLS" means the liii iiiisssseeee t' 1 Z-L G C. Multiple Listing Ser- vice/Association/Bureau; and (b) "sell" includes a contract to sell a excha or contract to exchange; an option to purchase; and/or a lease with option to purchase. 2. AGENCY/DUAL AGENCY. Seller authorizes Broker to appoint &1 F4 C r? `t 14 P 2- to act as Seller's Listing Agent(s). It Is understood and agreed that this Agreement creates an agency relationship with Listing Agent(s) and Broker only, not with any oth ales associates of Brayer. Any broker or salesperson, other than Broker or Listing Agent, who procures a prospective buyer for the P and d Property will not be representing Seller and may represent the Buyer. 1 Accordingly. for the purposes of this Agreement, the term Broker" means Listing Agent(s) and Listing Agents Broker or Designated Broker, unless expressly stated otherwise. 1 Seller agrees that if the Property is sold to a buyer represented by one of Broker's salespersons other than Listing Agent(s), then Seder consents to Broker Ming as a dual 1 agent. Seller further agrees that if the Property is sold to a buyer who Listing Agent also represents, then Seller consents to Listing Agent(s) and Broker acting as dual agents. 1 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 pemtitted 1 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 1 information from or concerning the other party. If this Agreement is executed on or after January 1,1997, then Seller acknowledges receipt of the pamphlet entitled 'The Law 1 of Real Estate Agency". 1 3. COMMISSION. 11(a) Broker procures a Buyer on the teens in this Agreement, or on other terms acceptable to Seller, or (b) Seller directly or indirectly or through any person 2 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) 2 ./0 of the sales price. or Further, if 2 Seller shall, within days (180 if not filed in) after the expiration of this Agreement. sell the Property to any person to whose attention it was brought through the signs, advertising 2 or other action of Broker, or on information secured directly or indirectly from or through Broker, during the term of this Agreement, then Seller wil pay Broker the above commis' son. 2 Provided, that if a commission is paid to a member of MIS in conjunction with a sale, the amount of commission payable to Broker shad be limited to the amount of commission 2 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 2 legal cause, Seller may be liable for damages incurred by Broker as a result of cancellation, regandiess of whether Seder pays a commission to another MIS member. 2 4. KEYBOX. Broker is authorized to install a keybox on the Property. Such keybox maybe opened by a master key held by all members of MLS and their salespeople. A master 2 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 *filch will not be 2 given without Broker first making reasonable efforts to obtain Seller's approval. 3 5. SELLERS WARRANTIES AND REPRESENTATIONS. Seller warrants that he/she has the right to sell the Property on the terms herein and that the Property information 3 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 3, encroach on adjacent property or on this Property. Seder understands that Broker and other members of MLS will make representations to prospective buyers based on the 3: 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 3. warranties and representations are incorrect. 3 6. CLOSING COSTS. Seller agrees to furnish and pay fora buyer's policy of title insurance showing marketable title to the Property. Seller agrees to pay real estate excise 31 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, 3- interest, reserves, assumed encumbrances. homeowner fees and insurance are to be prorated between Seller and Buyer as of the date of closing. 3 7. MULTIPLE LISTING. Broker shall cause this fisting to be published by MLS. Broker may refer this listing to any other multiple listing service at Brokers discretion. Broker 31 shall cooperate with ail 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 41 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 4' UNDERSTANDS AND AGREES THAT THE PROPERTY INFORMATION ON THE ADDITIONAL PAGES TO THIS AGREEMENT WILL. BE GIVEN TO PROSPECTIVE 4: BUYERSAND TO OTHER COOPERATING MEMBERS OF MLS WHO DO NOT REPRESENT THE SELLERAND, IN SOME INSTANCES. MAY REPRESENT THE BUYER. 4: IT IS UNDERSTOOD THAT MLS IS NOT A PARTY TO THIS AGREEMENT AND ITS SOLE FUNCTION IS TO FURNISH THE DESCRIPTIVE INFORMATION 014 THE 4r ADDITIONAL PAGES OF THIS USTING TO ITS MEMBERS, WITHOUT VERIFICATION AND WITHOUT ASSUMING ANY RESPONSIBILITY FOR SUCH INFORMATION 4t OR IN RESPECT TO THIS AGREEMENT. 41 8. DISCLAIMER/SELLER'S INSURANCE. Neither Broker, MLS, nor any members of MLS or of any multiple listing service to which this fisting is referred shall be responsible 41 for loss, theft, or damage of any nature or kind whatsoever to the Property and/or to any personal properly therein, including entry by the master key to the keybox and/or at open 41 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. 4! 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 Seller's Insurance policy. 5( 9. BROKER'S RIGHT TO MARKET THE PROPERTY. Seder shall not commit any act which materially impairs Broker's ability to market and sell the Property under the terms 5 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 5; 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 5: option to purchase, or enter into any agreement other than for immediate sale of the Property. 54 10. REAL PROPERTY TRANSFER DISCLOSURE STATEMENT. Unless Seiler is exempt under RCW 64.06, Seiler shall provide to Broker as soon as reasonably practicable 5! a completed and signed 'Real Property Transfer Disclosure Statement" (WAR. Form D-5 or NWMLS Form 17). Seller agrees to indemnify, defend and hold Broker harmless 5( from and against any and all claims that the information Seller provides on W.A.R. Form D-5 or NWMLS Form 17 is inaccurate. 51 11. DAMAGES IN THE EVENT OF BUYER'S BREACH. In the event Seller retains earnest money as liquidated damages on Buyers breach, any costs advanced or committed 5( by Broker on Sette's behalf shall be paid therefrom and the balance divided equally between Seller and Broker. 5i. 12. ATTORNEYS' FEES. In the event either party employs an attomey to enforce any terms of this Agreement and is successful, the other party agrees to pay reasonable 6( attomeys' fees. In the event of trial, the successful party shall be entitled to an award of attorneys' fees and expenses; the amount of the attorneys' fees and expenses 61 shad be fixed by the O The venue of any suit shall be the county in which the property is located. 6; DATED THIS S DAY OF �Q a the undersigned the sole owner(s)? 0 YES ONO 6; BROKER rMPAN 1 Z I) Q G .t1)C rf y ER k 64 BY 711,1 lire S LIE" r 9 'i. 0 e pi M� i,I' 1,� ti1 i A r r 6. 1 Pg. 2 of 2 C i r co 1 1 EXCLUSIVE SALE AND LISTING AGREEMENT Sales Price: r,, u 0 6 Terms: A S 4 Location: r f 1 t ev T Acreage: L o T t X q Zoninf: P. R 0 Utilities: AAScccfAR e 0 L- t I et) e (e P ho i e 1 S e L f (L- Amenities: r A n) 4.-, ti iL Fe ,.•J r C Al .4-.4 ii/ (c}. Taxes: f rM Y° l Tax Parcel 0620 e) o �\S Restrictions: Z 1,t) I4 4 To0oeraahv: `c- G 4— Directions: r c Pe 4.00 -7 4-�► A 1,6 e SELLER: 0y2PCTE: 5 SELLER: DATE: Whether Buying or Selling, Always Call JACE for Land! Coldwell Banker Uptown Realty, Port Angeles, Washington 98362 Y 1 L ►1 H Y February 26, 1964 z 346146 THIS SPACE RESERVED FOR RECORDER'S USE, BRUMFIELD 6. DAVIS TITLE CO. F1 11. „or4 La,..I P$,. as7 -4325 Kea ANGEL =S, C.1,i;It\GTON LED; REC ItJ AT T,iE REO7ESf Filed for Record at Request of QF BRf E� DaYdBTITLE Cp. RECOROEO IN Y;II. Name CO Address__ 1564 ru., 6 PM 1: 10 Cl State• M 1 i;A L E 1 I '01,11 1UR 1 1 Statutory Warranty Deed Form 1 -REV THE GRANTORS, EDWIN VANNAUSDLE and DELORES N. VANNAUSDLE, his wife, and ERNEST LACKMAN and SHIRLEY M. LACKMAN, his wife, for and in consideration of Three Thousand Seven hundred Dollars (53,700.00 In hand paid, conveyland warrantdto the CITY OF PORT ANGELES, a municipal corporatio t the following described real estate, situated in the County of Clallam I Washington: ,State of Lot Eighteen (18) in Block Two Hundred Four (204) of the g Townsite of Port Angeles. Subject to Local Improvement District No. 183 assessment in the amount of $1,120.81. yy f Y r J 1' g-- lio. f 0 3 CLALLA COUNTY 3I. o o I TRANSACTION EXCISE TAX j`a ;i !1 j tik•v••- PAID FEB 261964 AMOUN43 o 0 .00 COLATY TR SURER RY Dated this a y day of +a 4964. (6EAL) P,.11.04\ 11aYWI STATE OF WASHINGTON, s�fi►Yc r et -7,./ szw) County of Clallam i/J /J y 1 On this day personally appeared before me EDWIN VANNAUSDLE and DELORES N VANNAUSDLE his wife, and ERNEST LACKMAN and SHIRLEY M. LACKMAN, his wife, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their fyle gp� voluntary act and deed, for the uses and purposes W�rein mentioned. C�....... 4