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HomeMy WebLinkAboutAmy Weinands - 514 Johnson Street Signed Listing Agreement 2.6.2023c. REALTOR' REAL E S AMYWiENTA ANDS T E no.... x z e, R EALTY EXCLUSIVE LISTING AGREEMENT (RIGHT TO SELL, LEASE, OR RENT REAL ESTATE) (Broker Representation of Owner/Seller) [OJu NOVLna OPPORTUNITY Check all boxes that apply. 1. THIS AGREEMENT is entered into by and between prospective SELLER(S) (print name per title) City of Waterloo hereinafter called "Owner" and (Brokerage/Firm) Amy Wienands Real Estate, eXp Realty, LLC OWNER'S BROKER, hereinafter called "Broker" or "Agent". The term "Broker" shall also include Broker's affiliated licensees (brokers and salespersons). The terms "Owner" and/or "Seller" shall include seller, landlord or optionor. The terns "Buyer" shall include buyer, tenant or optionee. The terms "sell" and "sale" shall include sell, lease, rent, exchange or option. Owner or Owner's duly authorized agent whose signature appears below, hereby grants to the undersigned BROKER, the exclusive right to ( r4 sell) ( ■ rent) (■ lease) for an irrevocable period beginning the 10 day of February , 2023 and ending at 11:59 PM the 10 day of July , 2023 (the "Exclusive Period") the following property. 2. THE REAL PROPERTY located in Black Hawk Refer to Abstract County, Iowa, legally described as Address: 514 Johnson St. Waterloo, IA 50702 Other (Parking, Storage Areas, etc.): 3. INCLUDING (if any) all property that integrally belongs to or is part of the real estate (except rental items), whether attached or detached, such as wall to wall carpeting and vinyl, light fixtures and bulbs, ceiling fan(s), shades, rods, blinds, awnings, stone windows, storm doors, screens, plumbing fixtures, sump pump, water heater, watei softener, automatic heating equipment, fuel tank, air conctltinning equipment (window or central), door chines, built-in items and electrical service cable, garage door opener and control(s), other attached fixtures, radio and/or attached TV receiving equipment, fence, trees, bushes, shrubs, and plants. OTHER ITEMS EITHER INCLUDED OR EXCLUDED (SPECIFY): Notice: Items marked "included" are Intended to remain with the property after sale. However, included items may be negotiable between Buyer and Seller, and requested items should be in writing as either included or excluded in any Offer to Buy/Purchase Agreement. The Offer to Buy/Purchase shall be the final terms of any agreement. 4. GROSS SALES PRICE to be S 199,900 on the following terms: As Negotiated --------------------- POSSESSION will be given TBD SERVICE FEE of S or 4.5 and owner will pay to Broker a PROFESSIONAL % percent of the gross sales price, or S or percent of gross 12 month lease, whichever is greater if: a. Broker procures a Buyer during the Exclusive Period ready, willing and able to purchase at the above price and terms, or on any other price and terms agreeable to Owner; or: b. Owner or anyone else sells, exchanges, leases, rents or otherwise transfers the property during the Exclusive Period at any price or on any terms (or as provided in paragraph 9); or: The property is sold, transferred, leased, rented, or exchanged, by any person, within 30 days after the end of the Exclusive Period (the Protection Period), to any person, firm or corporation, to whom Broker or any person representing Broker has a causal connection and presented for sale this property during the Exclusive Period, if Broker supplies Owner with a list of names and contact information of persons at or before the end of the Exclusive Period. Provided, however, that Owner shall not be obligated to pay the Professional Service Fee if: (1) a valid listing agreement for the Property is entered into during the Protection Period with another licensed real estate broker and the sale of the Property is made during the Protection Period; and (2) Owner does not reserve the parties on the protected list fiom the new listing; or: Seller(s) (Initials) acknowledge that they have read this page. Page 1 of 4 EXCLUSIVE RIGHT TO SELL, LEASE OR RENT REAL ESTATE (Continued) d. e. Owner prevents the sale of this property by any adverse action, including, but not limited to, prohibiting the buyer from making improvements to the property required by lender prior to settlement, not performing the contract in good faith, or attempting to cancel this agreement without cause. Owner agrees to deliver abstract or assist Buyer in obtaining title insurance and a good, marketable title. hi the event an offer is accepted on this property during the term of this listing agreement or any protection period thereafter, all parties agree the terms and conditions of the listing agreement will be extended to cover and accommodate final settlement, document recording, and administrative tasks to facilitate the transaction. The professional service fee shall be payable in cash in the county in this state where Broker has his principal office, at the time of the transaction settlement. Owner authorizes Broker or other escrow agent to pay Broker from Owner's proceeds of the sale. 5. COOPERATIVE BROKERAGE ARRANGEMENTS. Owner agrees that Brokerage may cooperate with and compensate other Brokerages, that Brokerage may utilize its own independent business judgment to determine which brokerages it will cooperate with and the amount of compensation (if any or differing amounts) it will offer differing Brokerages. Broker will disclose to Owner any policy which would limit participation of any other brokerage. On this transaction Brokerage may offer compensation to other Brokerages of up to (S ) or (3 % percent of gross sale price) or ( % percent of gross conunission received). If a referral fee is to be paid, a Referral Disclosure will be provided. 6. BROKER is given permission to: (1) Submit property data to the Multiple Listing Service along with all marketing information including utility and tax information both before and after closing; (2) advertise this property via any reasonable means, including display of interior photographs and online; (3) (T4 may) (■ may not) place a for -sale sign thereon; (4) remove all other for -sale signs; (5) (!/ may) (■ may not) place a lock box thereon; (6) show the property at all reasonable times; (7) show other property and provide comparative data to prospective buyers; (8) recommend property inspections at buyer's expense. (9) Utilize best efforts to sell the property. Brokerage/Agent shall not pay for any services (other than the above) without the written agreement between Brokerage and Client. Broker may also make the following selling statement to prospective buyers: Broker on may) (• may not) disclose this reason for selling: AS DISCUSSED WITH SELLERS Information contained in this box only for use with Brokerages operating as a Virtual Office Website (VO119 Virtual Office Website (VOW) Policy — The following options are available if the Owner/Seller so desires. Owner/Seller: a. advises brokerage that Seller does not want the listed property to be displayed on any internet site ; or b. advises brokerage that Seller does not want the address of the listed property to be displayed on the internet. Owner/Seller understand and acknowledge that, if option (a), is selected consumers who conduct searches for listings on the Internet will not see information about my listed property(ies) in their search results. Advertising: If Owner/Seller advertises on their own, Brokerage name and number shall not be on any marketing or advertising, unless the Brokerage has approved and provided written consent to Seller. Seller shall inform brokerage of any form of independent advertising. 7. OWNER Inquiries: Owner agrees to refer to Broker all inquiries from any person received during the Exclusive Period. Owner agrees to provide the Broker access to the property at all reasonable times and agrees to assist in marketing the property. Owner authorizes the Broker to release any mortgage, credit, or loan information which may be necessary or useful to promote and complete the sale of the property. 8. RENTAL LIMITATIONS. If the subject property is being offered for sale, owner agrees that this property will not be rented during the term of this agreement, unless the lease specifically provides that the property may be shown upon hours notice to the tenant during reasonable hours and that possession shall be given to a buyer within days of accepted offer. Is this property being sold subject to tenants' rights? (• yes) (!4 no). If yes, attach lease(s) and/or rental agreement(s). 9. EARNEST MONEY. Broker may: (1) accept earnest money deposits; (2) hold earnest money checks until both buyer and seller have executed a sales agreement; (3) deposit earnest money in Broker's trust account; (4) hold earnest money until the transaction has been consununated or otherwise terminated; (5) require written releases from all parties before releasing trust funds. If a buyer deposits earnest money and thereafter defaults, the balance of the earnest money shall be paid to Owner: and Owner (■ agrees) (V4 does not agree) to pay a sum equal to one-half of the earnest money (but not exceeding the amount of the Professional Sell ice Fee) to Broker for Broker's services. Seller(s) (Initia acknowledge that they have read this page. Page 2 of 4 EXCLUSIVE RIGHT TO SELL, LEASE OR RENT REAL ESTATE (Continued) 10. OWNER REPRESENTATION OF PROPERTY. Owner agrees to complete and accurately describe all items required by a Sellers Disclosure of Property Condition form which satisfies the requirements of Chapter 558A of the Code of Iowa and to advise the Broker of any structural or other defects known in the property which a reasonable inspection could not discover. The Owner further warrants they have utilized ordinary care in completing form and all information disclosed will be correct and agrees to indemnify and hold harmless the broker fiom any and all loss, damage or expense to which Broker may be subject in connection with the failure to make adequate disclosure by Owner, including reasonable attorney fees and costs. The Owner acknowledges that the Broker has a legal duty to disclose to all parties any Material Adverse Facts which the Broker has actual knowledge and which a reasonable inspection by the proposed Buyer would not reveal. Owner also agrees to complete a Lead Based Paint Disclosure if obligated under Federal or State Laws. 11. HAZARDOUS MATERIALS AND DEFECTS. Owner represents that there are no known hazardous materials or contaminations of any kind, nor any known defects, structural or otherwise, in, on or about the property, except ---SEE SELLER DISCLOSURES ------------------------------------------------ (If none, so state) 12. EQUIPMENT, FLXTURES AND MECHANICAL SYSTEMS. Owner agrees that all equipment and fixtures, including appliances (if any), electrical, plumbing, heating, and cooling, as part of this sale, will be in operating condition and performing the function for which they were intended, on either the date of possession or settlement, whichever takes place first, except -- SEE SELLER DISCLOSURES - (If none, so state) 13. INDEMNIFICATION Owner warrants that all information given herein, and set forth on any property data sheet provided to Broker, is correct to the best of Owner's knowledge and belief and indemnifies Broker from all damages that may arise out of undisclosed, or incorrect facts or statements of Owner. Owner (■ has) (52 has not) reviewed the property data sheet and if reviewed accepts data thereon by signing below. If reviewed, initialed by Owner, and attached, it is made a part of this Agreement. 14. REMEDIES OF THE PARTIES. If Broker successfully defends any court action lacking good cause or good faith brought against Broker by Owner, Owner agrees to pay all usual and reasonable court costs and attorney fees expended by Broker. This listing agreement and any contract arising there from, shall be interpreted, governed and construed pursuant to the laws of the State of Iowa and the parties consent that the Iowa District Court in the County where the property is located shall be the forum and jurisdiction in which to bring any cause of action arising out of or under this agreement. 15. AGENCY DISCLOSURE. Owner acknowledges receipt of the disclosure "Agency/Policy Disclosure and Acknowledgement" fiom Broker. Owner agrees, as a part of Broker's real estate business, Broker and Broker's affiliated licensees may represent buyers as clients and enter into written Buyer Agency Agreements to serve as buyer's Agent. Owner (2 desires) (■ does not desire) that Broker show to buyer(s) such Seller client property, which meets buyer's price range and needs. A Dual Agency Potential/Consent Agn Bement ( ?/ is) ( is not) attached. If attached, it shall be made a part hereof. An Appointed Agency Agreement (® is) ( is not) attached. If attached it shall be made a part hereof. 16. BROKERAGE SERVICES ONLY. Owner acknowledges that Broker is acting as a Real Estate Broker only and not as an attorney, tax advisor, lender, appraiser, surveyor, structural engineer, property inspector, consultant or other professional service advisor. Owner is her eb3 advised to seek such other professional advice as may be important to Owner. The following minimum service shall be provided to the client by brokerage: 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. 17. REQUEST TO COi\IPLETE FORM DOCUMENTS AND PERISHSSION TO CALL. Owner requests that Broker select, prepare and complete form documents as authorized by Iowa law or rule, such as purchase agreements, groundwater hazard, and declaration of value forms, and authorize Broker to call Residence. Seller(s) (Initials) acknowledge that they have read this page. Page 3 of 4 EXCLUSIVE RIGHT TO SELL, LEASE OR RENT REAL ESTATE (Continued) 18. RELEASE OF INFORMMATION. Owner authorizes lender(s), contract holder(s), and utility companies to provide Broker with any and all information regarding the above -described property. 19. COMMUNICATION. A facsimile transmission, an emailed or electronically scanned document or a signed copy hereof, as well as any addendums to this agreement shall constitute a binding agreement. The parties agree to confirm this agreement by mail or personal delivery of the original signed agreement between the parties. 20. ENTIRE AGREEMENT. This Exclusive Listing Agreement constitutes the entire agreement between the parties relating to Broker's representation of Owner, and supersedes any prior listing agreement, whether oral or written. This Agreement shall be binding upon the heirs, assigns, executors, and administrators of the parties and only agreements noted herein, shall be binding upon the parties. This property is offered without respect to race, color, creed, sex, sexual orientation, gender identity, national origin, religion, physical/mental disability/handicap or familial status/presence of children. 21. NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received either by hand delivery, facsimile, electronic communication or certified mail. Persons designated for receipt of any notice shall be Seller(s) and Buyer(s) at the addresses set forth below or their Broker or Agent. Electronic or facsimile transmission sent to the other party or to the appropriate Brokerage, followed by electronic or faxed acknowledgement of receipt, shall constituted delivery of signed document. 22. FAIR HOUSING. It is illegal for either the Seller/Owner or the Broker to refuse to display or sell to any person because of membership in a protective class, e.g.: race, color, religion, nation origin, sex, creed, sexual orientation, gender identity, physical or mental handicap, familial status, or any other class protected by Fair Housing Laws. If this form is used for an Illinois transaction: it includes ancestry, age, marital status, and any other class protected by article 3 of the Illinois Human Rights Act. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT WITH THE LAWYER OF YOUR CHOICE. RECEIPT OF A COPY OF THIS AGREEMENT IS ACKNOWLEDGED BY OWNER. EXECUTED this 25 day of January , 2023 at a.m. p.m. BROKER/BROKERAGE Amy Wienands Real Estate, eXp Realty, LLC ADDRESS 1730 W. Ridgeway Avenue, Waterloo, IA 50701 By: Amy Wienands TELEPHONE 319-269-2477 AFFILIATED LICENSEE 1. OWNER City of Waterloo 2. OWNER Print Name Print Name Signature: �, -L ADDRE S V I latitV s Ctvw Signature: ADDRESS TELEPHONE TELEPHONE EMAIL EMAIL Tax ID # Tax ID # Abstract Location Attorney Copyright C 0712015 Iowa Association of REALTORS' Page 4 of 4 dotloop signature verification: dtlp.us/NRza•Keiq•NOrX AMAYLE S WiET A T ENAS REND e(pR EALTY Amy Wienands Real Estate - Listing Program Acknowledgement 14 Johnson St. Waterloo, IA 50702 Property Address City of Waterloo Sellers 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. In ■ Amy Wienands Team - Standard Listing Program Amy Wienands Team - Guaranteed Sale Program s e II cis4AAAAA, vtnia 1 Seller Agent N. dotloop verified 01/25/23 2:38 PM CST PSBM-Z6DM-F4NY-XYBC Date it dt �3 Date Date dotloop signature verification: dclp.usNxQu-FZyk-6EPI 1� REALTOR' AMY WiENANDS REAL. ESTATE e(p 1Cr. REALTY APPOINTED AGENCY AGREEMENT (To be signed prior to Buyer Agency or Listing Agreement) CHECK ALL BOXES THAT APPLY. [OVAL 1 QjS OP/ORTUMit THIS AGREEMENT is anal/ exclusive) (j_non-exclusive) agency agreement and is entered into by and between prospective ❑ BUYER or % SELLER _ City of Waterloo hereinafter called "Client" and (Brokerage/Firm) Amy Wienands Real Estate, eXp Realty, LLC hereinafter called "Broker." As a condition of Appointed Agency, the terns "Broker" DOES NOT also include Broker's affiliated licensees (brokers and salespersons). The terms "Owner" and/or "Seller" shall hereinafter refer to seller, landlord or optionor. The term "Buyer" shall hereinafter refer to buyer, tenant or optionee. The term "sell" and/or "sale" shall hereinafter refer to sale, lease, rent, exchange or option. The term "purchase" shall hereinafter refer to purchase, lease, rent, exchange or option. An Exclusive Agreement means that the Seller/Client contracts with Brokerage to be the sole brokerage they will contract with during the period of the Appointed Agency. A Non -Exclusive contract basis means Seller/Client is free to independently contract with other brokerages on a non-exclusive basis. When attached to a Buyer Agency Agreement or an Exclusive Listing Agreement (Right to Sell, Lease, or Rent Real Estate) (primary agency agreements), this Appointed Agency Agreement (secondary agency agreement) shall become a part thereof. Whenever the terms and conditions of this Agreement conflict with the primary agency agreement, the terms and conditions of this Agreement shall prevail and supersede the primary agency agreement. 1. APPOINTED AGENT(s). With Client's approval, Broker appoints Amy Wienands hereinafter called "Appointed Agent," a licensee affiliated with Broker, as Client's Appointed Agent, for the purpose of representing Client in the purchase or sale of real property. Except for any additional Appointed Agents, neither Broker, nor any other licensee affiliated with Bioker will be acting as Agent for Client. Broker may name additional Appointed Agents for Client from time to time if the Appointed Agent is unable to fulfill the terms of this Agreement or by agreement between Broker and Client. An appointment of another appointed agent or additional agent does not relieve the initial Appointed Agent of any duties owed to Client. In the representation of Client, Broker will operate exclusively through Appointed Agent as a Single Agency representation. No other agency relationships, except Dual Agency, as explained on the Dual Agency Potential/ Consent Agreement (if attached to the primary agency agreement) which allows Appointed Agent to represent both buyer and seller clients in the same transaction will be used. 2. APPOINTED AGENT'S ROLE. Appointed Agent will utilize Appointed Agent's professional knowledge to make a good faith effort to bring about a sale or purchase for Client Appointed Agent will act at all times in Client's best interest. Throughout the contracts between the parties, Appointed Agent shall inform all prospective sellers or buyers and their agents that Appointed Agent is acting on behalf of Client. 3. APPOINTED AGENT'S OBLIGATIONS. Appointed Agent's duties to Client and all parties to a transaction are outlined in the .Agency/Policy Disclosure and Acknowledgement attached and made a part of this agreement. Appointed Agent acknowledges, agrees, and accepts the responsibility for fulfilling all of the duties and obligations of Broker to Client outlined in the primary agency agreement, as well as duties and obligations of Appointed Agent to Client outlined in this Agreement. 4. CLIENT'S OBLIGATIONS. Client confirms that Client has previously received a copy of the Agency/ Policy Disclosure and Acknowledgement and that Client understands its contents. Client acknowledges, agrees and accepts all of the duties and obligations of Client to Broker, which through this Agreement, are assigned to Appointed Agent, outlined in the primary agency agreement and the Dual Agency Potential/Consent Agreement (if attached). Page 1 of 3 dotloop signature verification: APPOINTED AGENCY AGREEMENT (continued) 5. DUAL AGENCY POTENTIAL When a buyer client wants detailed information about, or to see, property of a seller client of Appointed Agent, the Appointed Agent immediately becomes a dual agent. Under these circumstances Appointed Agent and Broker confirm that their actions will be governed by the terms and conditions of the Dual Agency PotentiaUCousent Agreement which will be made a part of this Agreement by this reference. Broker will endeavor to be impartial between Owner and Buyer and will not represent the interest of either party to the exclusion or detriment of the other. Appointed Agent will act as a dual agent only with the written consent of ALL parties in the transaction. 6. TERM OF AGREEMENT (check either A or B): ►2 A. This Agreement begins this 10 day of February , 20 23 , and shall continue until closing of the transaction, or performance or completion of the terms of this agreement by which Appointed Agent was e gaged. If the transaction does not close, or the agree nent for which Appointed Agent was engaged is not perfor Bed or completed for any reason, the relationship shall end at the earlier of (1) the date of expiration of the prima y agency agreement or (2) any termination by written agreement by the parties hereto. n B. This Agreement begins this day of day of , 20 , 20 , and ends at 11:59 p.m. the 7. DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION In providing brokerage services to all parties to a transaction, "Client" and "Customer" alike, a licensee (the Broker and its broker associates and salespersons), regardless of the type of agency representation agreed to, shall do all of the following: 1. Provide brokerage services to all parties to the transaction honestly and in good faith. 2. Diligently exercise reasonable skill and care in providing brokerage services to all parties. 3. Disclose to each party all material adverse facts (i.e. significant defects or negative circumstances that the licensee knows except: a. Material adverse facts known by the party. h. Material adverse facts the party could discover through a reasonably diligent inspection and which would be discovered by a reasonably prudent person under like of similar circumstances. c. Material adverse facts the disclosure of which is prohibited by law. d. Material adverse facts that are known to a person who conducts an inspection on behalf of the party. 4. Account for all property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property. 8. DUTIES TO THE CLIENT. 1. Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through a reasonably diligent inspection 2. Fulfill any obligation that is within the scope of the agency agreement except those obligations that are inconsistent with other duties that the licensee has under law. 3. Place clients' interests ahead of Brokers. 4. Disclose to client any financial interests the licensee or brokerage has in any business entity which is referred for any service or product related to the transaction. Page 2 of 3 dotloop signature verification: dtlp.usNxQu-FZyk-6EPI APPOINTED AGENCY AGREEMENT (continued) I (We) HAVE READ AND UNDERSTAND THIS AGREEMENT AND ACKNOWLEDGE RECEIPT OF A COPY. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT WITH THE LAWY OUR C$O ed for r er by: Designated Broker ifictedeadese dotloop verified 01/25/23 2:39 PM CST 920H•QVGB-VCNY-FPBI �i eat check one ■ Bu 'er or Seller Appointed Agent (Licensee) Client (check one) ❑ Buyer or in Seller ADDITIONAL APPOINTED AGENT AGREEMENT This section is for use only in the event that Broker finds it necessary to appoint an additional Appointed Agent to represent Client named above. With Client's approval, Broker, hereby appoints as an additional Appointed Agent for client. The additional Appointed Agent shall be Client's Agent beginning on this day of , 20 , and continue in accordance with the terms of the original Appointed Agency Agreement as outlined above. Additional Appointed Agent agrees to accept this appointment and all of the terms and conditions eement outlined above. Signed for Broker by: Designate Additiona • • c • a ent (Lice .7 Copyright 05/2008 Iowa Association of REALTORS' Client JL423 ?Date Date Page 3 of 3 AMY WiENATANDS REAL ESTATE REALTOR' When you enter into a discussion with a Brokerage (and their affiliated real estate licensees) regarding a real estate transaction, you should understand how the Brokerage is representing each pasty in the transaction. lblore importantly, you should understand how that agency relationship impacts on your relationship with the licensee. The term "Broker" or "Brokerage" shall hereinafter refer to: (Brokerage/firm) Amy Wienands Real Estate, eXp Realty, LLC , and Brokerage's affiliated licensees (brokers and salespersons). The term "Owner" and/oi "Seller" shall hereinafter refer to seller, landlord or optionor. The term "Buyer" shall hereinafter refer to buyer, tenant or optionee. A "Client" is a party to a transaction who has an agency agreement with a broker for brokerage services. A "Customer" means a consumer who is not being represented by a licensee but for whom the licensee may perform ministerial acts. e(pa R EALTY Page 1 of 3 equal to aao oeeoatu.rt• AGENCY/POLICY DISCLOSURE AND ACKNOWLEDGEMENT REQUIRED TO BE PROVIDED TO EACH PARTY IN A TRANSACTION (Should be presented at earliest possible convenience - must be signed by Seller or Buyer prior to making or reviewing an Offer) A. TYPES OF AGENCY REPRESENTATION AND THE POLICY BROKERAGE MAY ELECT UNDER EACH. Prior to Buyer or Owner giving confidential information they should understand a variety of representation options exist in real estate transactions. Below is a list of representation options available and the policy Brokerage may elect in regard to each. Brokerage will provide a separate Agreement establishing which agency relationship is offered to Buyer or Owner. Brokerage has "checked" the appropriate box(es) for the policy that applies to Brokerage: ■ 1. SINGLE SELLER AGENCY. Single Seller Agency exists when Brokerage and Owner enter into a real estate "Exclusive Listing Agreement" and the property is sold to a "Customer" or by a different real estate company. Brokerage and Broker's affiliated licensees' policy is to represent the Owner as a "Client" in this case. In Single Seller Agency, Broker does not also represent the Buyer in the transaction. ■ 2. SINGLE BUYER AGENCY. Single Buyer Agency exists when Brokerage and Buyer enter into a "Buyer Agency Agreement" and Brokerage or an affiliated licensee assist Buyer in writing an offer to purchase property and the property is listed with a different real estate company or offered by owner. Brokerage and Broker's affiliated licensees' policy is to represent Buyer as a "Client" in this case. In this type of agency representation Broker may receive compensation for the transaction from the listing real estate company pursuant to a cooperation agreement between the two companies. In Single Buyer Agency, Broker does not also represent the Owner in the transaction. I!4 ■ ■ 3. APPOINTED AGENCY. a. Appointed Seller Agency exists when Brokerage appoints an affiliated licensee, the listing agent, to act on Owner's (Client's) behalf to the exclusion of all other affiliated licensees of Brokerage. b. Appointed Buyer Agency exists when Brokerage appoints an affiliated licensee, the selling agent, to act on Buyer's (Client's) behalf to the exclusion of all other affiliated licensees of Brokerage. c. Inn the event an Appointed Licensee personally represents both Owner and Buyer in the same transaction, that Appointed Agency is considered to be a Consensual Dual Agency (see 4. below). 4. CONSENSUAL DUAL AGENCY a. When Brokerage (or an Appointed Seller or Buyer Agent, as defined in 3a. and 3b. above) both lists and sells the property, it is the policy of Brokerage and Brokerage's affiliated salespersons to repiesent both Owner and Buyer as a Consensual Dual Agency. Under this circumstance, before signing an offer to buy or accepting an offer to buy, please see the "Dual Agency Consent Agreement" for detailed information as to the duties of Brokerage to both Owner and Buyer, as well as procedures to be followed. b. When Brokerage and Buyer enter into a "Buyer Agency Agreement", whether exclusive or non-exclusive, and Brokerage or an affiliated salesperson assist Buyer in writing an offer to purchase property and the property is also listed with Brokerage, it is the policy of Brokerage to represent both the Owner and Buyer as a Consensual Dual Agency. Under this circumstance, before signing an offer to buy or accepting an offer to buy, please see the "Dual Agency Consent Agreement" for detailed information as to the duties of Brokerage to both Owner and Buyer, as well as procedures to be followed. c• Representing more than one party to a transaction can create a conflict of interest since both "Clients" may rely on the Licensee's advice. Buyer and Owner are not required to consent to dual agency. S. SELF REPRESENTATION. If not already in a written Agency Relationship with a brokerage, a person(s), partnership, or company (buying or selling) may represent themselves in a transaction. If a Buyer or Owner elect to repiesent themselves in a transaction, it is the policy of Brokerage to treat that Buyer or Owner as a "Customer" and not as a "Client". "Clients" are responsible for commission which may be owed as to the terms and conditions of previously agreed contracts. If representing themselves, a Self Representation Agency Confirmation and Acknowledgement shall be completed Sections "B." through "E.", continued on page 2. AGENCY /POLICY DISCLOSURE AND ACICNOW'LEDGEMENT (Continued) Page 2 of 3 B. COOPERATIVE BROKERAGE ARRANGEMENTS. Owner agrees that Brokerage may cooperate with and compensate other Brokerages, that Brokerage may utilize its own independent business judgment to determine which brokerages it will cooperate with and the amount of compensation Of any or differing amounts) it will offer differing Brokerages. Broker will disclose to Owner any policy which would limit participation of any other brokerage. On this transaction Brokerage may offer compensation to other Brokerages of up to (S ) of ( % percent of gross sale price) or ( % percent of gross commission received). If a referral fee is to be paid, a Referral Disclosure will be provided. C. DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION. In providing brokerage services to all parties to a transaction, "Client" and "Customer" alike, a licensee (the Brokerage and its broker associates and salespersons), regardless of the type of agency representation agreed to, shall do all of the following: 1. Provide brokerage services to all parties to the transaction honestly and in good faith. 2. Diligently exercise reasonable skill and care in providing brokerage services to all parties. 3. Disclose to each party all material adverse facts (Ie. sionifrcmn defects or negative circumstances) that the licensee knows except: a. Material adverse facts known by the party. b. Material adverse facts the party could discover through a reasonably diligent inspection and which would be discovered by a reasonably prudent person under like or similar circumstances. c. Material adverse facts the disclosure of which is prohibited by law. d. Material adverse facts that are known to a person who conducts an inspection on behalf of the party. 4. Account for all property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property. D. DUTIES OF A REAL ESTATE LICENSEE TO A CLIENT. A licensee providing brokerage services to a client, regardless of the type of agency representation agreed to, shall do all of the following: 1 . Place the client's interests ahead of the interests of any other party, unless loyalty to a client violates the licensee's duties under provisions of the Iowa Code (such as with Appointed Agency or Consensual Dual Agency) or any other applicable law. 2. Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through a reasonably diligent inspection. 3. Fulfill any obligation that is within the scope of this Agency Disclosure, except those obligations that are inconsistent with other duties that the licensee has under the Real Estate Brokers and Salespersoi s provisions of the Iowa Code or any other law. 4. Keep their client(s) confidential information confidential unless they have written permission to reveal. 5. Disclose to a client any financial interests the licensee or the brokerage has in any company or business entity to which the licensee or brokerage refers a client for any service or product related to the tramsaction. The client is not obligated to use any such recommended company, and may select a different company. NOTE: T4 Broker/Licensee (check applicable) has a financial interest in or an affiliate relationship with the following cotnpmt'es of bus ness entities: America's Preferred Home Warranty, American Home Shield, IntroLend First Cloud, Utilit'es Connect, Silverline Title & Escrow eXpress Offers, Currencies Direct, VirBELA, Success Lending, Black Hawk County Abstract & Settlement Services $198 Administrative fee to Amy Wienands Real Estate E. DESCRIPTION OF BROKER'S SERVICES. Broker may do the following for Sellers and Buyers: (1) Assist Buyer with financing qualification guidelines; (2) Provide helpftil information about the property and area; (3) Respond accurately to questions about the property; (4) Disclose all material facts about the property that are known to Broker; (5)Disclose financial qualifications of the Buyer to the Owner; (6) Explain real estate terms 'rmd procedures; (7) Explain to Owner and Buyer the benefits of having the property inspected; (8) Explain closing costs and procedures; (9) Help the Owner and Buyer compare financing alternatives; (10) Provide information about comparable properties so Owner and Buyer may make an informed decision on what price to accept and/or offer; (11) Assist with all standard foams, including those that include the necessary protection and disclosures for the Owner and Buyer; and, (12) Work diligently to facilitate the sale and closing. (13) Keep their client(s) confidential information confidential unless they have written permission to reveal. The preceding list of services is not intended to be all inclusive, nor will all services listed be necessary in every case. Licensees are not required to answer questions outside of the scope of their real estate license. NOTE: Broker neither offers subagency to, nor accepts subagency from, other brokerage companies. F. GUIDELINES FOR OWNER AND BUYER. If you are the "Customer" in the transaction, you are advised not to disclose your negotiating position about such things as whether you as Owner would take less tluvn the asking price, or you as Buyer are willing to pay more than the price you offer. Except for information required to be disclosed, if you as either a "Client" or a "Customer", have reason to believe any confidential information, such as your financial status, motivation to sell or buy as well as other personal information will adversely affect your negotiating position, this should not be disclosed to anyone. Each party to the transaction has the responsibility to protect their own interests. AGENCY /POLICY DISCLOSURE AND ACKNOWLEDGEMENT (Continued) Page 3 of 3 ACKNOWLEDGEMENT The undersigned have read this disclosure and understand the type of representation which may be provided by Broker. The undersigned acknowledge receipt of a copy of this agency disclosure. This is not a contract; rather it is intended to be only a disclosure notice. If you do not understand this document, seek the advice of the legal counsel of your choice, before signing. City of Waterloo Print name of Owner/Seller Print name of prospective Buyer (1ef-3 gnature of Owner/ eller Da e Signature of prospective Buyer Date Print name of Owner/Seller Print name of prospective Buyer Signature of Owner/Seller Date Signature of prospective Buyer Date Amy Wienands Real Estate, eXp Realty, LLC For Seller's or Dual Agent Brokerage For Buyers Brokerage Copyright © S/2012 The Iowa Association of REALTORS' AMAL E S WiENATAT ENDS RE x x e. REALTY DUAL AGENCY POTENTIAL/CONSENT AGREEMENT (For in-house showings/sales when both parties are, or potentially are, "clients") REALTOR' Page 1 of 3 EQUAL HOUSINO OPPORTUNITY This Agreement is to be signed and confirmed by Buyer before signing Offer For Real Estate and confirmed by Seller before reviewing Offer For Real Estate when both parties are treated as "clients." A "client" means a party to a transaction who has an agency agreement with a broker for brokerage services. A "customer" means a consumer who is not being represented by a licensee but for whom the licensee may perform ministerial acts. A. AGREEMENT BETWEEN (Brokerage/firm) Amy Wienands Real Estate, eXp Realty, LLC hereinafter called "Broker," and Owner(s) (print name per title) City of Waterloo , and/or Buyer(s) The terms "Owner" and/or "Seller" shall hereinafter refer to seller, landlord or optionor. The term "Buyer" shall hereinafter refer to buyer, tenant or optionee. The term "Broker" shall also refer to Broker's affiliated licensees (brokers and salespersons). B. RECITALS AND GENERAL CONDITIONS. 1. IF BROKER REPRESENTS OWNER. When a broker enters into an agreement to represent an owner (client), the broker and all licensees associated with that broker represent the owner, except when "Appointed Agency" is broker policy. An agent tor an owner owes the owner the duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and full accounting. 2. IF BROKER REPRESENTS BUYER. When a broker enters into an agreement to represent a buyer (client), the broker and all licensees associated with that broker represent the buyer, except when "Appointed Agency" is broker policy. An agent for a buyer owes the buyer the duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and full accounting. 3. IF BROKER REPRESENTS BOTH OWNER AND BUYER DUAL AGENCY EXISTS. A real estate broker acting directly or through a salesperson can legally be the agent of both the owner and the buyer, but only with the knowledge and written consent of both parties. If a buyer represented by a broker wants detailed information about, or to see, a property of an owner who is also being represented by the same broker, the broken shall make every reasonable effort to remain impartial to both parties. In these circumstances, Broker immediately becomes a dual agent. Owner and Buyer acknowledge that, prior to such circumstances, Broker either acted as representative of the Owner or of the Buyer. In those separate roles, Broker may have obtained information, which, if disclosed, could harm the bargaining position of the party providing such information to Broker. Provisions that govern the actions of Broker acting as a dual agent: a. Broker shall not knowingly say or do anything which might place one party at a disadvantage, disclose confidential information or personal confidences of one party to the other party, including motivation to sell/buy, negotiating strategy, or any other information a party specifically instructs Broker in writing not to disclose, unless such disclosure is required by law. b. Broker shall not, without prior express written consent of Owner, disclose to Buyer that Owner might accept a price less than the listing price, or accept terms less favorable to Owner than is indicated in the listing agreement nor shall Broker, without the prior express written consent of Buyer disclose to Owner that Buyer may be willing to pay a higher price, or accept terns less favorable to Buyer than those indicated in Buyers last written offer. c. Broker will endeavor to be impartial between the parties and shall not represent the interests of either Owner or Buyer to the detriment of the other panty. Broker is obligated to inform each party of facts Broker knows which likely could affect the party's decision to permit Broker to represent both Owner and Buyer. Owner/Seller and Buyer are not required to consent to dual agency. 4. DESCRIPTION OF BROKER'S SERVICES. Broker may do the following for Owners and Buyers when acting as a Dual Agent: (1)Treat the Owner and Buyer fairly and honestly; (2)Provide helpful information about the property and area; (3)Respond accurately to questions about the property; (4)Disclose all material facts about the property known to Broker; (5)Explain real estate terms and procedures; (6)Explain to the Owner and Buyer the benefits of having the property inspected; (7)Explain closing costs and procedures; (8)Help Owner and Buyer compare financing alternatives; (9)Provide information about comparable properties so Owner and Buyei may make an informed decision on what price to accept and/or offer; (10)Assist with the standard forms that include the necessary protection and disclosures for the Owner and Buyer; (11)Work diligently to facilitate the sale; and, (12)Receive notices for Owners and Buyers. (13)Keep their client(s) confidential information confidential unless they have written permission to reveal. The proceeding list of services is not intended to be all-inclusive, nor will all services listed be necessary in every case. Licensees are not required to answer questions outside the scope of their real estate license. In providing said services, Broker shall do all of the following: Page 2 of 3 a. Provide brokerage services to all parties to the transaction honestly and in good faith. b. Diligently exercise reasonable skill and care in providing brokerage services to all parties. c. Disclose to each party all material adverse facts (i.e., significant defects or negative circumstances) that the licensee knows except for the following. 1) Material adverse facts known by the party. 2) Material adverse facts the party could discover through a reasonably diligent inspection, and which would be discovered by a ieasonably prudent person under like or similar circumstances. 3) Material adverse facts the disclosure of which is prohibited by law. 4) Material adverse facts that are known to a person who conducts an inspection on behalf of the party. d. Account for all property coming into the possession of the licensee that belongs to any party within reasonable time of receiving the property. e. Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the client or could not be discovered by the client through a ieasonably diligent inspection. f. Fulfill any obligation that is within the scope of the agency agreement except those obligations that are inconsistent with other duties that the licensee has under law. g. Place both clients' interests ahead of Brokers. h. Disclose to client any financial interests the licensee or brokerage has in any business entity which is referred for any service or product related to the transaction. DUAL AGENCY POTENTIAL/CONSENT AGREEMENT 5, DESCRIPTION OF THE RESPONSIBILITIES AND RIGHTS OF OWNER AND BUYER. In a dual agency situation, Owner and Buyer acknowledge and agree they have the responsibility to negotiate and make their own decisions as to what terms are to be included in any agreement for the purchase and sale of Owner's property. Owner and Butter also acknowledge they understand that Broker's representing more than one party in a transaction can create a conflict of interest since both clients may rely upon Broker's advice, and the client's respective interests may be adverse to each other. Owner and Buyer understand they may seek independent legal counsel in order to assist them with any matter relating to a purchase agreement or any other aspect of this transaction. Owner and Buyer have the duty to protect their own interests and are advised by Broker to carefully read all documents to assure that they adequately express the parties understanding of the transaction. If Owner or Buyer have questions regarding the duties and responsibilities of Broker, those questions should be resolved before signing this document. 6. BINDING DOCUMENTS Owner and Buyer agree that whenever terms of this "Dual Agency Potential/Consent Agreement" contradict or conflict with their individual agency agreement with Broker, this Agreement shall supersede and prevail. When this Agreement is attached to an executed agency agreement or purchase agreement, it shall become a part thereof. Further, this Agreement shall be binding on heirs, assigns, executors and administrators of the parties hereto. 7. REQUEST TO COMPLETE FORM DOCUMENTS. Owner and/or buyer request that Broker select, prepare and complete form documents as authorized by Iowa law or rule, such as purchase agreements, groundwater hazard, and declaration of value. 8. FAX TRANSMISSION. The facsimile transmission of a signed copy hereof shall constitute a binding agreement. The parties agree to confirm this Agreement by mail or personal delivery of the original signed Agreement between the parties. Owner/Buyer agrees to receive phone calls at Residence. PART C should be completed by either (or both) Seller or Buyer to acknowledge the Potential for Dual Agency. This consent should be done before engaging in any activities of a dual agent. (i.e. Before showing any client's property or acquiring confidential information.) C. DUAL AGENCY POTENTIAL a. J SELLER / OWNER DUAL AGENCY POTENTIAL. Owner acknowledges that in order for Owners property to be exposed to all Buyer clients of Broker, the potential for dual agency exists. Owner understands that, in the process of searching for all property meeting the needs of Buyer, Buyer may want detailed information about, and to possibly see, property of Owner clients of Broker, and therefore a potential for dual agency exists. Owner acknowledges that when Broker presents detailed information or shows an Owner client's property to a Buyer client, that Broker is immediately a dual agent, undertaking a Consensual Dual Agency representation. Owner/Seller (agrees I!i) (does not agree ) to the Potential for Dual Agency representation. Signature of Own 4r� (AA, 1k--_ Date: eaA Un5 Signature of Owner Date: If Brokerage becomes a Dual Agent for Property, Owner shall need to read, confirm and agree to Dual Agency Consent for the Representation by completing PART D prior to any Offer for Real Estate. Page 3 of 3 b. IJ BUYER DUAL AGENCY POTENTIAL Buyer acknowledges that, in the process of searching for all property meeting the needs of Buyer, Buyer may want detailed information about, and to possibly see, property of Owner clients of Broker, and therefore a potential for dual agency exists. Buyer understands that in order for Owners property to be exposed to all Buyer clients of Broker, the potential for dual agency exists. Buyer acknowledges that when Broker presents detailed information or shows an Owner Client's property to a Buyer client, that Broker is immediately a dual agent, undertaking a Consensual Dual Agency representation. Buyer (agrees0) (does not agree ) to the Potential for Dual Agency representation. Signature of Buyer Dale: Signature of Buyer Date: If Brokerage becomes Dual Agent for Property, Buyer shall need to read, confirm and agree to Dual Agency Consent for the Representation by completing PART D prior to any Offer for Real Estate. PART D shall be completed when Brokerage represents both Seller/Owner AND Buyer for a specific property and both the Buyer AND Seller/Owner acknowledge and Consent to Dual Agency prior to offer. D. DUAL AGENCY CONSENT For the Offer For Real Estate dated Specific Property Address: Listing Agent: Owner(s) (per title): hereinafter called "Seller." Buyer(s): Selling Agent: a. The Seller and Buyer acknowledge that Broker is undertaking a Consensual Dual Agency representation in the sale of the above specific property. Buyer agrees (initials) to dual agency representation in this transaction. Seller agrees (initials) to dual agency representation in this transaction. b. Broker Compensation. If the Buyer is paying Broker a fee or commission for this transaction, they will agree by sepaute document. c. Termination of Negotiations or sale. In the event Seller and Buyer do not enter into an agreement for the purchase and sale of Seller's property to Buyer, or they do enter into an agreement and the sale does not close, the dual agency role of Broker under this Agreement shall be deemed by all parties to have been terminated. Broker will then become the agent of each, Seller and Buyer, on the terms and conditions previously agreed upon. By signing below, Owner/Seller and/or Buyer acknowledge and agree that Broker shall act as a Dual Agent as described above. I (we) have read and understand this agreement and acknowledge receipt of a copy. This is a legally binding contract. If not understood, consult with the lawyer of your choice. Seller Time & Date Buyer Time & Date Seller Time & Date Buyer Time & Date Listing licensee (for Broker) Time & Dale Selling licensee (for Broker) Time & Date Copyright 7 2010, Iowa Association of REALTORS' dotloop signature verification: dtlp.us/2wAs-EKSi-MVsN csk AMEAYL ESWiETANANDS RTE e(p R EALTY SELLERS RECEIPT OF FORMS & DISCLOSURES SELLER(S) NAME City of Waterloo Please initial on each line below that you have received and/or understand each item. Equal Opportunity in Housing Brochure Lead Poisoning - How to Protect Iowa Families Brochure Iowa Radon Home Fact Sheet Showing instructions will be provided to any licensee who has set an appointment to conduct a private showing of the Seller's home. Amy Wienands Real Estate cannot guarantee that these instructions will be followed specifically at all times by such licensee. Seller agrees to contact Amy Wienands Real Estate with any showing concerns and the Listing REALTOR® will follow up as needed. DUE DILIGENCE ON CRIME NOTICE Important Information: Under federal and state regulations, some individuals who have been classified under certain criminal offenses, including sex offenders, may be required to register their address with local authorities. If this information is important to you, you should contact local authorities, agencies and neighborhood groups, including, but not limited to the following official Iowa websites and other resources: www.IowaSexOffender.com County Sheriff's Office Iowa Department of Criminal www.CriminalCheck.com Local Police Department Investigation www.FamilyWatchDog.com As Realtors®, we do not know the whereabouts of these individuals and are not required to find or disclose this information. Please contact the agencies listed above. Seller understands that a prospective buyer may inquire with local law enforcement as to the location of known sex offenders which may impact the property. Ferrer Vdt dotloop verified 01/25/23 2:41 PM CST KIDW-MAV1•WVWG•EFDY Q ae GI er Date dotloop signature verification: ddp.us/nlej-PTpo-WFRq AMY WiENANDS REAL E S T A T E SELLER NAME PROPERTY ADDRESS TENATIVE CLOSE DATE e(pREALTY ESTIMATE OF SELLER'S EQUITY City of Waterloo 514 Johnson St. Waterloo, IA 50702 (a) LIST PRICE $199,900 OFFER PRICE $. $ (b) ESTIMATED CLOSING EXPENSES Abstracting $485 $ $ Attorney's Fees $125 $ $ Brokerage Real Estate Fee $8995.so $ $ Brokers Administrative Transaction Fee $198 $. $: Closing Fees Paid for Buyer $. $. $ Transfer Tax $319.20 $. $. Overnight Mail Cost $. $ $ Repairs & Inspection Fees $ $ $. Termite/Pest Inspection/Treatment $ $ $: TOTAL ESTIMATED CLOSING EXPENSES $10,122.70 $ $. (c) OUTSTANDING DEBTS First Mortgage Balance $ $, $ Second Mortgage/Liens $. $ $ Prepayment/Penalty (if any) $. $. $. Other Liens, Judgments and Assessments $. $. $. TOTAL OUTSTANDING DEBTS $ $. $ (d) REAL ESTATE TAXES Real Estate Taxes Due $ $ $ Pro -Rated Taxes $ $. $ Special / Other Taxes $ $. $. TOTAL REAL ESTATE TAXES DUE $ $. $ (e) ESTIMATED TOTAL EXPENSE $10,122.70 $ $ (f) ESTIMATED PROCEEDS TO SELLER $189777.30 $. $. The figures shown are preliminary estimates for planning purposes only. Actual costs will be shown in a Closing Statement prepared and approved by your closing agent. Other costs not shown here may be incurred by you. Usual pro -rations will be made at closing for real estate taxes, etc., as specified in the Purchase Agreement. Your attorney's fees should also be considered as an expense of the sale. Figures shown are estimates. Statement prepared by: e dotloop verified 01/25/23 2:43 PM CST DO3N-LRSC-ACUN-QYD6 Seller Date