agency relationships in real estate transactions

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AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS 1. Page 1 2. MINNESOTA LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with 3. consumers what type of agency representation or relationship they desire. (1) The available options are listed below.This 4. is not a contract. This is an agency disclosure form only. If you desire representation you must enter into a written 5. contract, according to state law (a listing contract or a buyer representation contract). Until such time as you choose 6. to enter into a written contract for representation, you will be treated as a customer and will not receive any representation 7. from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph V on page 8. two (2)), unless the broker or salesperson is representing another party, as described below. 9. ACKNOWLEDGMENT: l!We acknowledge that I/we have been presented with the below-described options. 10. l!We understand that until IIwe have signed a representation contract, I/we am/are not represented by the 11. broker/salesperson. l!We understand that written consent is required for a dual agency relationship. 12. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION. 13. (Signature) (Date) (Signature) (DatE') 14. I. Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents 15. the Seller and acts on behalf of the Seller. A Seller's broker owes to the Seller the fiduciary duties described 16. on page two (2).!2)The broker must also disclose to the Buyer material facts as defined in MN Statute 82.54, 17. Subd. 3, of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment 18. of the property. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or 19. she must act in the Seller's best interest and must tell the Seller any information disclosed to him or her, except 20. confidential information acquired in a facilitator relationship (see paragraph V on page two (2)). In that case, the 21. Buyer will not be represented and will not receive advice and counsel from the broker or salesperson. 22. II. Subagent: A broker or salesperson who is working with a Buyer but represents the Seller. In this case, the Buyer 23. is the broker's customer and is not represented by that broker. If a broker or salesperson working with a Buyer as 24. a customer is representing the Seller, he or she must act in the Seller's best interest and must tell the Seller any 25. information that is disclosed to him or her. In that case, the Buyer will not be represented and will not receive advice 26. and counsel from the broker or salesperson. 27. III. Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on 28. behalf of the Buyer. The broker may represent the Buyer only, and not the Seller, even if he or she is being paid 29. in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described on page two 30. (2).12 1 The broker must disclose to the Buyer material facts as defined in MN Statute 82.54, Subd. 3, of which 31. the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If 32. a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must act in the 33. Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential information 34. acquired in a facilitator relationship (see paragraph V on page two (2)).ln that case, the Seller will not be represented 35. and will not receive advice and counsel from the broker or salesperson. 36. IV. Dual Agency - Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson 37. represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a 38. party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and 39. salesperson owe the same duties to the Seller and the Buyer.This role limits the level of representation the broker 40. and salesperson can provide, and prohibits them from acting exclusively for either party. In a dual agency, confidential 41. information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party 42. instructs the broker or salesperson in writing to disclose specific information about him or her. Other information 43. will be shared. Dual agents may not advocate for one party to the detriment of the other.v" 44. Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described 45. on page two (2).(2)Dual agents must disclose to Buyers material facts as defined in MN Statute 82.54, Subd. 3, of 46. which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the 47. property. 48. (initial) (initiel) I have had the opportunity to review the "Notice Regarding Predatory Offender Information" On 49. MN:AGCYDICS-1 (8/10) page two. (2)

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Page 1: AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

AGENCY RELATIONSHIPS INREAL ESTATE TRANSACTIONS1. Page 1

2. MINNESOTA LAW REQUIRES that early in any relationship, real estate brokers or salespersons discuss with3. consumers what type of agency representation or relationship they desire.(1) The available options are listed below.This4. is not a contract.This is an agency disclosure form only. If you desire representation you must enter into a written5. contract, according to state law (a listing contract or a buyer representation contract). Until such time as you choose6. to enter into a written contract for representation, you will be treated as a customer and will not receive any representation7. from the broker or salesperson. The broker or salesperson will be acting as a Facilitator (see paragraph V on page8. two (2)), unless the broker or salesperson is representing another party, as described below.

9. ACKNOWLEDGMENT: l!We acknowledge that I/we have been presented with the below-described options.10. l!We understand that until IIwe have signed a representation contract, I/we am/are not represented by the11. broker/salesperson. l!We understand that written consent is required for a dual agency relationship.

12. THIS IS A DISCLOSURE ONLY, NOT A CONTRACT FOR REPRESENTATION.

13.(Signature) (Date) (Signature) (DatE')

14. I. Seller's Broker: A broker who lists a property, or a salesperson who is licensed to the listing broker, represents15. the Seller and acts on behalf of the Seller. A Seller's broker owes to the Seller the fiduciary duties described16. on page two (2).!2)The broker must also disclose to the Buyer material facts as defined in MN Statute 82.54,17. Subd. 3, of which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment18. of the property. If a broker or salesperson working with a Buyer as a customer is representing the Seller, he or19. she must act in the Seller's best interest and must tell the Seller any information disclosed to him or her, except20. confidential information acquired in a facilitator relationship (see paragraph V on page two (2)). In that case, the21. Buyer will not be represented and will not receive advice and counsel from the broker or salesperson.

22. II. Subagent: A broker or salesperson who is working with a Buyer but represents the Seller. In this case, the Buyer23. is the broker's customer and is not represented by that broker. If a broker or salesperson working with a Buyer as24. a customer is representing the Seller, he or she must act in the Seller's best interest and must tell the Seller any25. information that is disclosed to him or her. In that case, the Buyer will not be represented and will not receive advice26. and counsel from the broker or salesperson.

27. III. Buyer's Broker: A Buyer may enter into an agreement for the broker or salesperson to represent and act on28. behalf of the Buyer. The broker may represent the Buyer only, and not the Seller, even if he or she is being paid29. in whole or in part by the Seller. A Buyer's broker owes to the Buyer the fiduciary duties described on page two30. (2).121The broker must disclose to the Buyer material facts as defined in MN Statute 82.54, Subd. 3, of which31. the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the property. If32. a broker or salesperson working with a Seller as a customer is representing the Buyer, he or she must act in the33. Buyer's best interest and must tell the Buyer any information disclosed to him or her, except confidential information34. acquired in a facilitator relationship (see paragraph V on page two (2)).ln that case, the Seller will not be represented35. and will not receive advice and counsel from the broker or salesperson.

36. IV. Dual Agency - Broker Representing both Seller and Buyer: Dual agency occurs when one broker or salesperson37. represents both parties to a transaction, or when two salespersons licensed to the same broker each represent a38. party to the transaction. Dual agency requires the informed consent of all parties, and means that the broker and39. salesperson owe the same duties to the Seller and the Buyer.This role limits the level of representation the broker40. and salesperson can provide, and prohibits them from acting exclusively for either party. In a dual agency,confidential41. information about price, terms and motivation for pursuing a transaction will be kept confidential unless one party42. instructs the broker or salesperson in writing to disclose specific information about him or her. Other information43. will be shared. Dual agents may not advocate for one party to the detriment of the other.v"

44. Within the limitations described above, dual agents owe to both Seller and Buyer the fiduciary duties described45. on page two (2).(2)Dual agents must disclose to Buyers material facts as defined in MN Statute 82.54, Subd. 3, of46. which the broker is aware that could adversely and significantly affect the Buyer's use or enjoyment of the47. property.

48.(initial) (initiel)

I have had the opportunity to review the "Notice Regarding Predatory Offender Information" On

49.MN:AGCYDICS-1 (8/10)

page two. (2)

Page 2: AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

AGENCY RELATIONSHIPS INREAL ESTATE TRANSACTIONS50. Page 2

51. V. Facilitator: A broker or salesperson who performs services for a Buyer, a Seller or both but does not represent52. either in a fiduciary capacity as a Buyer's Broker, Seller's Broker or Dual Agent. THE FACILITATOR BROKER53. OR SALESPERSON DOES NOT OWE ANY PARTY ANY OF THE FIDUCIARY DUTIES LISTED BELOW,54. EXCEPT CONFIDENTIALITY, UNLESS THOSE DUTIES ARE INCLUDED IN A WRITTEN FACILITATOR55. SERVICES AGREEMENT. The facilitator broker or salesperson owes the duty of confidentiality to the party but56. owes no other duty to the party except those duties required by law or contained in a written facilitator services57. agreement, if any. In the event a facilitator broker or salesperson working with a Buyer shows a property listed by58. the facilitator broker or salesperson, then the facilitator broker or salesperson must act as a Seller's Broker (see59. paragraph I on page one (1)). In the event a facilitator broker or salesperson, working with a Seller, accepts a60. showing of the property by a Buyer being represented by the facilitator broker or salesperson, then the facilitator61. broker or salesperson must act as a Buyer's Broker (see paragraph ilion page one (1)).

62. (1) This disclosure is required by law in any transaction involving property occupied or intended to be occupied by63. one to four families as their residence.

64. (2) The fiduciary duties mentioned above are listed below and have the following meanings:65. Loyalty - broker/salesperson will act only in client(s)' best interest.66. Obedience - broker/salesperson will carry out all client(s)' lawful instructions.67. Disclosure - broker/salesperson will disclose to c1ient(s)all material facts of which broker/salesperson has knowledge68. which might reasonably affect the client(s)' use and enjoyment of the property.69. Confidentiality - broker/salesperson will keep client(s)' confidences unless required by law to disclose specific70. information (such as disclosure of material facts to Buyers).71. Reasonable Care - broker/salesperson will use reasonable care in performing duties as an agent.72. Accounting - broker/salesperson will account to client(s) for all client(s)' money and property received as agent.

73. (3) If Seller(s) decide(s) not to agree to a dual agency relationship, Seller(s) may give up the opportunity to sell the74. property to Buyers represented by the broker/salesperson. If Buyer(s) decide(s) not to agree to a dual agency75. relationship, Buyer(s) may give up the opportunity to purchase properties listed by the broker.

76. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information regarding the predatory offender77. registry and persons registered with the predatory offender registry under MN Statute 243.166 may be78. obtained by contacting the local law enforcement offices in the community where the property is located,79. or the Minnesota Department of Corrections at (651) 361-7200, or from the Department of Corrections Web site at80. www.corr.state.mn.us.

MN:AGCYDISC-2 (8/10)

Page 3: AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

Page 1 of 3

On-Line Real Estate Auction RegistrationY. l'I r

";~§Vj~J~r\fAI:)m c =11:11 il «J 0 COJ fI1r1""~='~"~~Th~=='~~~'==:"='~="-='~"='>~~

Property Address: 401 5 Street South, Moorhead MN. 56560AUCTION CLOSES: Wednesday, September 30, 2015 6:00 PM CST

Please Print ClearlyNAME _

ADDRESS _

CITY STATE, ZI P _

TELEPHONE Day Evening Cell _

E-MAIL _

BANKREFERENCE PH _

ADDRESS CITY ST__ ZIP _

AUCTION END DATE:AUCTION END TIME:

09/30/20156:00 P.M.

Terms and Conditions for Purchase of Real Estate at Auction

Bidders should complete and accept the Terms and Conditions and return it to McLaughlinAuctioneers bye-mail for approval prior to bidding on the property.

The property HAS NOT been surveyed for this auction. If purchaser desires a survey it will beat the purchaser's option and expense. If an actual survey shows a greater or lesser number ofacres or footage, it will not affect your purchase or the purchase price. All acreage anddimensions are believed correct but are not warranted nor guaranteed. The property is soldsubject to any existing right of way and easements.

All property is selling AS IS, WHERE IS. No warranty is given either expressed or implied. It isimportant you inspect the property before bidding.

By placing bids on this property you are making an offer to purchase. All bids are irrevocable.A bid cannot be retracted. The property is offered on a cash basis and not contingent upon theavailability of financing or any other reason. Upon becoming the high bidder, you will berequired to sign a Purchase Agreement and rendered the required Earnest Money with-in 24hours. Earnest Money deposit would be forfeited in the event of your failure to close. Seller willguarantee good and clear title and issue a Warranty deed. Closing will take place on or beforeJune 26th 2015, sooner if Buyer and Seller are willing and able. Time is of the essence.

Page 4: AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

Page 2

McLaughlin Auctioneers reserve the right to solicit back-up purchase contracts from contendingbidders. Such back-up contracts may automatically be in the position to become the successfulcontract in case the first purchase contract fails to close.

The property is being sold subject to the Seller's approval. The Seller reserves the right toaccept, reject or counter the final bid.

A 5% Buyer's Premium will be applied to the final bid to become the final purchase price.

Auction End Times and Auto Extend Feature: McLaughlin Auctioneers (YI'Yiyy.J.:ng:.bid.corrJOnline Only Auctions are timed events and all bidding will close at a specified time. McLaughlinAuctioneers Online Only Auctions have an auto extend feature. If any bid is placed in the final 5minutes of an auction, the auction ending will be automatically extended 5 minutes. Example: ifan auction scheduled to close at 4:00 receives a bid at 3:55, the close time will automaticallyextend to 4:05. In the event the auto extend feature is activated, the auto extend featureremains active until no further bids are received within a 5 minute time frame following thespecified end time of the auction. Online auctions are computerized events. Although extremelyrare, technical issues can arise. Therefore in fairness to both sellers and buyers, McLaughlinauctioneers (www.mc-bid.com).atits discretion and for any reason, may halt, suspend, close, orreopen any auction or item offered through our online services deemed necessary ifcircumstances warrant such action. Bidder acknowledges and understands that this service mayor may not function correctly the day of the auction closing. Under no circumstances shallBidder have any kind of claim against McLaughlin Auctioneers, or www.mc-bid.com or anyoneelse if the internet service fails to work correctly before or during the auction event. Internetbidders who desire to make certain their bid is acknowledged should use the proxy-biddingfeature and leave their maximum bid(s) 24 hours before the auction closing.

McLaughlin Auctioneers, Mc-bid.com and Kvamme Real Estate Inc. are agents for theSeller only.

Please indicate if you an established Exclusive Buyer Agency Agreement with a licensed RealEstate Broker or Agent. Yes No _

If Yes, Please provide the following information:

Company Broker/Agent _

Address Phone---------------- -----------------E-Mail _

Page 5: AGENCY RELATIONSHIPS IN REAL ESTATE TRANSACTIONS

Page 3

NOTICE TO BUYERS WITH AN ESTABLISHED BUYER AGENCY AGREEMENTMcLaughlin Auctioneers and Kvamme Real Estate Inc. offer to pay a Broker representing aBuyer a commission, however, McLaughlin Auctioneers, and Kvamme Real Estate reserve theright to refuse to pay a commission if a Broker has not met the required conditions orrequirements. These requirements may include, but not limited to, showing or introduction of theproperty to a prospective buyer, registering or notification of the representation of a buyer withMcLaughlin Auctioneers/www.mc-bid.com prior to the auction, or fulfilling the Buyer Agentsduties prior to closing. Buyers who have an established Buyer Agency agreement may have alegal obligation to pay there agent if they purchase a property depending of the terms of theBuyer Agency agreement.

I have read the above terms and conditions governing the sale of the real estate atauction and agree to be governed by them.

SIGNED DATE _

Questions? Please call or contact us at: 800-373-7652 or Dave McLaughlin at 701-729-7781,

or e-mail [email protected]