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HomeMy WebLinkAboutAmy Wienands Real Estate - 219 Newell St - 5/26/2020dotloop signature venfication .. _. 98-100 Adopted by the Northeast Iowa Regional Board of REALTORSaa (Revised 1/15) q 0 REAL ESTATE IVIY LISTING AGREEMENT (RIGHT TO SELL, LEASE, OR RENT REAL ESTATE) 1. THIS AGREEMENT is entered into by and between Seller and Amy Wienands Real Estate hereinafter called Broker/Real Estate Company. The term Broker shall include Broker's affiliated Licensees. The term Seller shall include Owner, Landlord or Optionor. The term Buyer shall include Buyer, Tenant, or Optionee, The terms sell and sale shall include sell, lease, rent, exchange, or option. Seller or Seller's duly authorized agent, whose signature appears below, hereby grants to the undersigned Broker, the exclusive right to sell, lease or rent The Property Known As 219 Newell St. Waterloo, IA 50703 For Period Beginning For $139'900 5/22/20 Other Terms andior Conditions: and Ending 10/22/20 or such other price and terms that are acceptable to the Seller. 2. PROFESSIONAL SERVICE FEE 3 (%) of the sales price shall be paid to Broker if; a. Broker procures a Buyer during the listing period ready, willing and able to purchase at the above price and terms, or any other price and terms agreeable to Seller, or; b. Seller or anyone else sells, exchanges, leases, rents or otherwise transfers the property during the listing period at any price or on any terms, or; c. Seller prevents the sale of this property by any adverse action, such as prohibiting the Buyer from making improvements to the property required of the Buyer prior to settlement by a lender, or by attempting to cancel this agreement. The Professional Service Fee shall be payable in cash in the county and state where Broker has his principal office, at the time of the transaction settlement. Seller authorizes Broker or closing agent to pay Broker from Seller's proceeds of the sale. or, d. Before the termination of this Listing Agreement, Broker provides Seller the names and adc'-^�..^- of persons to whom the property was presented during the listing period or any extension thereof, and if within 30 days (protection period) after the expiration of this listing or any extension thereof, Seller executes a Purchase Agreement with any person on the above referenced list period. However, Seller shall not be obligated to pay such compensation if a valid Listing Agreement is entered into during the term of said protection period. e. LEASE AGENCY. Shia tlri the oroperty or any part be leased to a tenant nrncured by Broker or any other Broker a Professional Service Fee of (%) of the base term of the lease and (%) of the renewals. The fees are due one-half upon lease signing and one-half upon lease commencement. During the lease (or extensions), should the ten- ant purchase this subject property, I agree to pay the sales Professional Service Fee as outlined above, less the leasing Professional Service Fee already paid for the unexpired term of the lease. Should the tenant lease additional space from the Owner during the term of any lease resulting from this Listing Agreement, Owner agrees to pay Broker an additional (%) on the base lease for said additional space. Broker, upon execution of any lease, may record an affidavit setting forth its right to additional Professional Service Fees upon any renewals, exercised options, extensions, additions to the lease or purchase of the Property, which affidavit shall be binding upon the heirs, personal representatives, succes- sors and assigns of the Owner. f. BUSINESS SALE. I agree to pay to Broker (%) of the SALE PRICE and to promptly execute to the Buyer and deliver to the Buyer a Bill of Sale (or other reasonable evidence of title or ownership) covering all personal property or enter into a contract for Bill of Sale. Page 1 of 3 dotloop signature verification: -._.- 98-100 (Revised 1f15) Property Known As. 219 Newell St. Waterloo, IA 50703 3. COOPERATIVE BROKERAGE COMPENSATION. Seller agrees that Broker may cooperate with other Brokers and offer compensation," ar^''ers solelyrepresenting the Buyers. Broker agrees to pay 3 % to cooperating MLS Brokers. Broker shall disclose to Owner, in writing, any policy that would limit the participation of any other brokerage. 4. MULTIPLE LISTING SERVICE (MLS) AUTHORITY. Seller authorizes Broker to process, advertise and distribute information about the property through the Northeast Iowa Regional Board of REALTORS& Multiple Listing Service to its subscribers within forty-eight (48) hours. Seller authorizes Broker to release all information regarding the completed sale of the property to the Northeast Iowa Regional Board of REALTORS& Multiple Listing Service. 5. ACCESS AUTHORIZATION/INSURANCE LIABILITY. While the described property is listed for sale with the Broker, it is agreed that such property is not considered to be in the care, custody or control of the Broker, Licensees or employees. Seller authorizes Broker to allow access to the property at reasonable hours by Licensees, MLS Subscribers, and other persons including but not limited to appraisers, inspectors and utility company personnel, as necessary to complete the sale. Seller shall maintain in force adequate insurance to protect Seller in the event of any damage, loss or claims arising from access to the property and/or liability for personal injury and agrees to hold the Broker harmless therefrom. 6. PROPERTY DISCLOSURES. Seller agrees to provide a signed Seller Disclosure of Property Condition and a Lead Based Paint Disclosure if required by Iowa Code Chapter 543 B. Seller agrees to indemnify Broker from all damages that may arise out of undisclosed or incorrect facts or statements of Seller. The Seller acknowledges that the Seller has a legal duty to disclose to any proposed Buyer any material defects of which the Seller has actual knowledge and which a reasonable inspection by the proposed Buyer would not reveal. 7. TITLE. Seller agrees to convey the property by Warranty Deed unless otherwise specified and provide an abstract continued to date of sale, showing good and merchantable title subject to easements and restrictions of record, applicable building restrictions and zoning regulations. Seller also agrees to pay any mortgage prepayment penalty, all taxes to date of settlement, and customary settlement costs. Seller will furnish information, which may be required by law and sign corre- sponding documents needed to be filed with the deed. 8. REMEDIES OF THE PARTIES. If Broker successfully defends any court action brought against Broker by Seller, or any other person involved in the sale of this property, or it is necessary to employ an attorney to collect sums due hereun- der, Seller agrees to pay all usual and reasonable court costs and attomey's fees expended by Broker. In addition to the rights given to the parties under Iowa Code Section 817.3 and not in limitation thereof, it is mutually understood and agreed that this listing agreement and any contract arising therefrom, shall be deemed to have been made in the State of Iowa and any and all performance thereunder or breach thereof shall be interpreted, governed and construed pursuant to the laws of the State of Iowa. The parties consent that the Iowa District Court in and for Black Hawk County shall be the forum in which to bring any cause of action arising out of or under this agreement, or any subsequent agreement entered into by Seller as a result of Broker's efforts concerning the above described property. The parties agree that such court shall have jurisdic- tion of the person or the parties for such action. 9. BROKERAGE SERVICES ONLY. Seller acknowledges that Broker is acting as a Real Estate Broker and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, consultant or other professional service advisor. Owner is hereby advised to seek such other professional advice as may be important to Owner. The following minimum service shall be provided to the client. (1) Accept delivery of and present to the client offers and counteroffers to buy, sell, rent, lease, or exchange the client's property or the property the client seeks to purchase or lease. (2) Assist the client in developing, communicating, negotiating, and presenting offers or counteroffers until a rental agreement, lease, exchange agreement, offer to buy or sell, or purchase agreement is signed and all contingencies are satisfied or waived and the transaction is completed. (3) Answer the client's questions relating to the brokerage agreements, listing agreements, offers, counteroffers, notices, and contingencies. (4) Provide prospective buyers access to listed properties. 10. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, return receipt requested mail, or electronic mail. Persons designat- ed for receipt of any notice for the purpose of this agreement shall be the Seller or their Broker. A signed copy of this agreement, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. Page 2 of 3 dotloop signature verification: 98-100 (Revised 1/15) Property Known As: 219 Newell St. Waterloo, IA 50703 11. ELECTRONIC SIGNATURES. In accordance with Iowa Code ch. 554D, all parties agree that this transaction may be conducted by electronic means, and certified electronic signatures shall be equally binding. 12. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.) Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 13. RELEASE OF INFORMATION. Seller authorizes lender(s), contract holder(s) and utility companies to provide Broker with any and all information regarding the above described property. Seller hereby authorizes Broker to use a "for sale" sign, electronic lock box, exterior and interior pictures, and all forms of advertising media, including but not limited to Internet, print, radio and television in Broker's efforts to sell the property unless otherwise noted in this agreement. Initials Initials Initials Initials Initials Initials SELLER OPT OUT: Seller advises Broker that Seller does not want the listed property displayed on the intemet. Seller advises Broker that Seller does riot want the property's address displayed on the Internet. Seller acknowledges that by choosing "OPT OUT" consumers who conduct searches on the intemet will not see Information about my listed property. 14. ACKNOWLEDGMENTS. Seller and Broker acknowledge that they have read this agreement, that all information contained in this agreement is true and accurate to the best of their knowledge and they have each received a copy of the executed agreement. THIS AGREEMENT may be executed in one or more counterparts each of which shall be deemed original and all of which, taken together, shall be construed as a single instrument and shall be binding upon the heirs, successors, assigns, executors and administrators of the parties. Any modification of this agreement must be in writing and signed and dated by all parties. This property is offered without respect to race, color, religion, sex, handicap, familial status or national origin. THIS IS A LEGALLY BINDING AGREEMENT, IF NOT UNDERSTOOD, SEEK LEGALADVICE. Ma Signed this21 day of y 20 20 Amy Wienands Real Estate Seller Real Estate Comoanv Seller { Vie/4054 a dotloop verified 05/21 /20 4:12 PM CDT pAP-GAPS-HY8K-3NCD Licensee Seller Seller Seller Address/Phone Page 3 of 3 dotloop signature verification: dtlp.us/g8BC-fC3W-8%QQ AMY WiENANDS REAL ESTATE OBSESSIVELY WORKING FOR YOU, Amy Wienands Real Estate - Listing Program Acknowledgement Property Address 219 Newell St. Waterloo, IA 50703 Sellers City of Waterloo We are choosing to enter into a listing agreement with Amy Wienands Real Estate. By selecting a listing program below, we agree to and acknowledge that we understand the terms and conditions of the specific listing program. In choosing the Standard Listing Program we understand that Amy Wienands is not obligated under any circumstances to purchase our home or land/lot. Under the Guaranteed Sale Program, Amy Wienands is obligated to purchase our home or land/lot only if our home or land/lot qualifies under the program and only pursuant to the express terms of said program. Seller Seller Agent Amy Wienands Team - Standard Listing Program Amy Wienands Team - Guaranteed Sale Program dotloop verified 05/21/20 4:13 PM CDT SPRB-2QQF-OEDJ-ZBFZ Date St- ^aO) O DatE S Cl T O?i) Date