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HomeMy WebLinkAbout5.597 Original Contract 5 597 *Are. Form No. 1-102 -R Copyright 1996 7 NWMLS Form No. 1A ®Co t Exclusive Rev. 12/96 Sale EXCLUSIVE SALE AND LISTING AGREEMENT 82 01 Washington RIGHTS Information Nehvork RESERVED Page 1 of pages I I The undersigned Seller ("Seller") herebyy to l./ 0 1 c i G 'JlC I 1 0 W I 11 ("Broker') 1 from date hereof until midnight of 1 2 O-o- the sole and exclusive right to submit offers to pur ase, 2 and to receipt for sits in connection therewith, the real property Property") commonly known as a/ t 1 1 j ‘r•–• O ti it e V "—Q E I v fj z- (2 C C r 3 T in the City of r 0 a (lip I C. County of e, 141- State of Washington, Zip J and legally 4 described as: LOT <_4 c 2 t 1 141 •T I' AA 5 6 1. DEFINITIONS. For purposes of this Agreement (a) "MLS" means the 19 .1+ 1. N U (/1 S Multiple Listing Ser- 8 vice/Association/Bureau; and (b) "sell" includes a contract to set; an exchange or contract to exchange; an option to purchase; and/or a lease with option to purchase. 9 2. AGENCY/DUAL AGENCY. Seller authorizes Broker to appoint d C C-- 5 i✓ 11 in "kr- 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 My 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 Seiler agrees that if the Property is sold to a buyer represented by one of Brokers salespersons other than Listing Agent(s), then Seller consents to Broker acting as a dual 14 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. 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 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 18 of Real Estate Agency 19 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 an Broker, during the term hereof, sells the Property; then Seller will ay Broker a commission of (fill in one and strike the other) 21 (�l et/(i ^C i ice/ -I 0 I tit i LA e 1. 1 ;04 the sales price, or Further, if 22 Seller shall, within ,days (180 if not fil 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 Seller 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 shall be tasted to the amount of commission 25 which would have been payable pursuant to this Agreement Tess any commission so paid to another member of MLS. Provided further, that if Seiler cancets this Agreement without 26 legal cause, Seller may be liable for damages incurred by Broker as a result of cancellation, regardless of whether Seller 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 furnish 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 MIS. Broker may refer this listing to any other multiple listing service at Brokers discretion. Broker 39 shall cooperate with all other members of MIS, 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 REPRESENT THE 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 Seller's 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 alt 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 D -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 WAR. Form D-5 or NWMLS Form 17 is inaccurate. 57 11. DAMAGES IN THE EVENT OF BUYER'S BREACH. In the event Seller retains eamest money as liquidated damages on Buyer's breach, any costs advanced or committed 58 by Broker on Setter'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 attomey 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 attorneys' fees and expenses; the amount of the attorneys' fees and expenses 61 shall be fixed by the court. The venue o1 a t shall be the county in which the property is located B2 k•- �b ATED THIS DA Y OF Are the undersigned the sole owner(s)? O YES 0 NO 63 BRO OMPAN f-' i t.{ Ui C'f f� 4 1 /,A IQ/ q 0 f tSELLE 64 B •1- A 4 LER 12 arowror. Ant, 3- Da ,6r c. 41 1IG�fL I Pg. 2 01'2 0 .11''L? (9 i i' EXCLUSIVE SALE AND LISTING AGREEMENT Sales Price: U I Liu 'G 0 U Terms: 0., 0" Location: D e) 5 Lt `Z, 2 i a L i C, 4t 1 Ci 0 �(i 01 J Acreaee: Zonin _2_,(2,,,,D Utilities: P f •3 1 P ot l" 1&J `i 12 J `1 Amenities: 01 tr (N----. U I r /i 't i T© 6 di euis c t.) eta' i` li a x) 41 C v' e c k Taxes: t ;ice- -e nn e fi Tax Parcel 11: Restrictions: 12 Ltk9 Tonoeranhv: e Directions: 0 1"I: I.1 f h O G 4. 1 0( b O A 0e- 13 k zz J LLER: s TE: SELLER: DATE: Whether Buying or Selling. Always Call JACE for Land! Coldwell Banker Uptown Realty, Port Angeles, Washington 98362 02 -08 -2002 10 :47AM FROM CLALLAM TITLE CO PA TO 4172142 P.02 a 11111111 FKtvr�kzcur+ua�r NER @E51 1999 1027423 RF O 40 /C A it mc RECORDED AT THE REQUEST OF 99 APR PM r AND AFTER RECORDING RETURN TO: z 05 FOSI� A Craig D. Knutson KEK CI.ALL Ft O SH. City Attorney 8y City of Port Angeles DEPUTY 321 East Fifth Street P.O. Box 1150 Port Angeles, Washington 98362 CERTIFICATE OF PURCHASE Grantor City of Port Angeles, Washington Grantee: City of Port Angeles, Washington Legal Description: Parcels 1, 2, 3, 5, 6, 7 and 8, Volume 11 of Surveys, page 44; and Lot 3, Short Plat No. 85-11-7, Volume 16 of Short Plats, Page 58. CID Assessor's Tax Parcel 1D#: 063013 211000; 063012 340200; 063012- 340300; 063012 340500; 063012-340600; 063012- 340700; 063012-340800; 063012-349020. Reference (If applicable): N/A 1` 100sTS:AI