Listing Contract This is a legally binding Contract. If not understood, seek legal advice. This document is copyrighted by Metro Search, Inc. and is for the use of its Participants only.
AGREEMENT TO LIST AND SELL
In consideration of Broker’s agreement to list Seller’s property for sale, place this listing on the Multiple Listing Service (“MLS”) of Metro Search, Inc., and use Broker’s efforWs to find a Buyer, Seller hereby grants Broker the exclusive right from ________________ (“effective date”) until 11:59pm (Eastern Time) on ________________ (“expiration date”) to sell the property located at __________________________________________________ ________________for the gross price of $_____________________________, on the following terms (or such other prices, terms, conditions to which Seller may agree): _________________________________________ ________________________________________________________________________________________
AGREEMENT TO PAY COMMISSION
If the property, or any part thereof, is sold before the expiration of this Contract by Seller or any other person, Seller agrees to pay Broker a commission of ______% of the sales price or $____________________, which shall be due at closing. The total commission is earned upon acceptance of an offer, but is subject to any contingencies specified therein. In addition, Seller agrees to pay a fee in the amount of $_________________, which fee is in addition to the commission on the sales price and which fee is for the following services: ______ __________________________________________(the “Services”). Seller hereby expressly agrees that the commission on the sales price does not include fees for the Services and that the fee is reasonable for the Services provided.
At closing, Seller will convey by deed of general warranty a marketable fee simple title to the property with the usual covenants such as any title company will insure, except easements and restrictions of record.
If the closing is not completed because of Seller’s failure to perform Seller’s obligations under the terms of the Residential Sales Contract, Seller shall pay the commission. If the Buyer is represented by a cooperating Broker, Broker is authorized to share its commission with that cooperating Broker. 7KH DPRXQW RI FRPSHQVDWLRQ RIIHUHG WR WKH FRRSHUDWLQJ %URNHU ZLOO EH BBBBBB RI WKH VHOOLQJ SULFH RU BBBBBBBBBBBBBBBBB
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CONSENT TO MARKET AND ADVERTISE
Seller is providing the attached listing input form and may otherwise provide to Broker orally or in writing certain data regarding Seller’s property. Seller agrees that this data may be used as Broker deems appropriate, consistent with the MSI Rules & Regulations, to facilitate the sale of Seller’s property. It may also be provided to the Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc., and their respective members and participants as they deem appropriate and with no compensation due Seller. Seller understands that some or all of the data may be digitized, reproduced, published, transmitted, disseminated, and/or displayed in many forms and through many media, including but not limited to the Internet, television, local publications and fact sheets, computer database networks, a Multiple Listing Service or other similar database, etc. Seller agrees that Broker may temporarily withdraw the listing from the Multiple Listing Service should the Seller fail to respond, within 48 hours, to inquiries and/or requests from the Broker. Seller hereby represents to Broker, the Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc. and their respective members and participants that the data provided is true and correct.
Seller also hereby grants Broker, the Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc. and their respective members and participants the right and license to photograph/video Seller’s property and to use such photographs/videos to the same extent Broker uses the property data Seller is providing Broker, with no compensation due for such use, and Seller acknowledges that Seller has no rights of ownership with regards to those photographs/videos. Exceptions to this paragraph are as follows: ______________________ ________________________________________________________________________________________
Should Seller choose to advertise Seller’s property itself, pursuant to KRS 324.117(4), Seller agrees to include the name of Broker’s real estate company, namely ______________________________________________ or the name of Agent’s principal broker, namely _____________________________. Advertisements include but are not limited to social media, the Internet, newspaper or other publication, television, periodicals, fact sheets, computer databases and the Multiple Listing Service. Seller will indemnify Broker and Agent for any fines which are levied as a result of Seller’s non-compliance with KRS 324.117(4).
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Seller hereby waives any claims Seller might now or in the future have against Broker, the Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc., and their respective members and participants arising out of or relating to the acquisition or use of data or photographs/videos of or about Seller’s property. Seller agrees to indemnify and hold harmless Broker, the Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc., and their respective members and participants from any liability, damage, cost, attorney fees, or expenses resulting from any inaccuracies or material omissions in the data Seller has provided . Seller acknowledges that placement of the listing in the MLS may result in it being displayed on syndicated websites which are not under the direct control of the brokerage and may not accurately reflect all details of the listed property. Seller agrees to hold the agent and brokerage harmless for any misinformation. The Greater Louisville Association of REALTORS®, Inc., Metro Search, Inc., and their respective members and participants shall be third party beneficiaries to the provisions of this paragraph.
Broker is hereby authorized to place a Lock Box and a “For Sale” sign on Seller’s property, to remove all other signs and lock boxes, and exhibit the property to any prospective Buyer. Broker is further authorized to disclose information regarding comparable sales to any prospective Buyer. Upon transfer of title, Broker is authorized to disclose all information, including sales price, to participants of the MLS. Broker is further authorized to cease showing my property after Seller has accepted an offer to purchase, unless otherwise instructed, by Seller, in writing.
The property will be offered without respect to race, creed, color, sex, familial status, disability, sexual orientation or national origin.
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SALE AFTER EXPIRATION OF LISTING CONTRACT
Seller agrees to pay Broker at closing a commission of ____% of sale price, or $_____________, if the property is sold by Seller within ______ months after the expiration of this Contract to any person to whom Broker or Seller has shown this property during the period of this contract, regardless of whether Seller has knowledge of said showing, and so long as the property has not been listed with another Broker.
MEDIATION/BINDING ARBITRATION
Notice of Demand for Mediation must be made within 365 days after the Party raising the claims knew, or should have known, of the existence of said claims. Any dispute or claim (including, without limitation, claims of fraud, misrepresentation, warranty and/or negligence) of Seller, Buyer, Brokers, Agents or any of them for a sum greater than the limits of small claims court jurisdiction arising out of this Contract or breach thereof or arising out of or relating to the physical condition of the property covered by this Contract shall first be submitted to mediation and arbitration in accordance with the guidelines of the Greater Louisville Association of REALTORS®, Inc. Copies of these guidelines are available at the Greater Louisville Association of REALTORS®, Inc. Disputes shall include (among other things) issues relating to representations made by Buyer, Seller, or any Broker or Agent, or other person or entity in connection with the sale and purchase of the property covered by this Contract. Any agreement signed by the parties pursuant to the mediation conference shall be binding.
If mediation does not result in an agreement signed by the Parties, all such claims or disputes shall be decided by binding arbitration in accordance with the guidelines of the Greater Louisville Association of REALTORS®, Inc. and the laws of the Commonwealth of Kentucky. Copies of these guidelines are available at the Greater Louisville Association of REALTORS®, Inc. The Arbitration must occur within 365 days after the initial Demand for Mediation has been filed. An actual oral hearing shall be held unless the Parties mutually agree otherwise. Any proceeding to determine damages shall be conducted by an arbitrator pursuant to this paragraph and not in court and shall be conducted within the Commonwealth of Kentucky. In the event a party fails to proceed with arbitration when so required, or unsuccessfully challenges the arbitrator’s award, the other party is entitled to recover its costs, including reasonable attorney fees, for having to compel arbitration or defend/enforce the award.
It is specifically agreed that no Party will be entitled to join or consolidate disputes by or against others in any mediation or arbitration (unless agreed to by all parties), or to include in any mediation or arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in any private attorney general capacity. This paragraph shall survive the closing.
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Designated Broker (Listing Company)
Seller
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Broker Acceptance
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Residential Input Form: Louisville MLS
Page 1 of 4
General Information Co-listing Member
Listing Member
Address Information Street #
St Dir*
Street
City*
County*
St Suffix* State/Province*
Unit #
Zip Code*
Contract Info Expiration Date
Listing Price
Property Sub Type*
Owner Financing / Lease Option (Y/N)*
HOA Y/N*
HOA Annual $
HOA Fee*
Primary Contact Name
Primary Contact Phone or Email
Location, Tax & Legal Info
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Listing Date
Sub Area*
Parcel ID
Deed Bk
Pg #
Block
Lot
Sub-Lot
School District*
Municipality*
Preservation Dist*
Contract Type*
Coop Comm
Coop Comm Type*
Variable Rate Comm*
Disclosure*
REO/Bank Owned/HUD* Subdivision/Condo*
Other Contact
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Directions
PL
Area*
General Property Description Total # of Rooms Owner Name
Baths - Full
Baths - 1/2
First Floor Laundry*
First Floor PBR*
Laundry Level*
Above Grade Finished
Below Grade Finished
Nonconform SqFt Fin
SA
Lien Holder/3rd Party App Rqd*
Total # Bedrooms
Above Grade Unfin
Below Grade Unfin
Nonconform SqFt UF
SqFt - Source*
Age
Year Built
Stories
Acres
Lot SF
Lot SF Source*
Lot Dimensions
Monthly Maintenance*
Style*
Const Stat*
Builder #
Assumable*
Sold As-Is*
M Struct Flood Plain*
City Tax
County Tax
Remarks & Misc Public Remarks
Agent Notes
SELLER Initials: __________/__________ Date: __________/__________ Time __________/__________ Required Field BROKER Initials: __________ Date: __________ Time: __________
Field with a list*
Residential Input Form: Louisville MLS
Page 2 of 4
Agent Notes Cont'd
Showing Instructions Showing Instructions
Seller Opt Out: Seller Directs Listing to be Excluded from Internet Seller Directs Listing to Not Allow Comments on Internet Publish this listing to: Zillow Homes.com
Level 2: Level 3: Basement:
Fireplaces Level 1: Level 3: Basement:
Building Info Addl Storage Building #:
Pasture Acres:
Creek
Farm
Pond
Deck
Full
None
Handic Prov
Hot Tub
Partial
Privacy
Lake
None
SplitRail
Stone
Out Buildings
Patio
Wood
Other
Pool - Above Ground
Pool - In Ground
Porch
Sauna/Steam
Screened in Porch
See Remarks
Tennis Court
Water Front
Partially Finished
Unfinished
Cellar
Finished
None
Outside Entry
Walk-up
Walkout Finished
Cistern Water
Electricity Connected
Walkout Part Fin
Walkout Unfinished
Propane
Fuel:Natural
None
Public Sewer
Public Water
Septic System
Well Water
Other
Concrete Blk
Crawl Space
Poured Concrete
Slab
Other
Heating/Cooling: 1 to 6 req'd
Gated Community
Golf Course
Guest Room
Gas Heat - Propane
Geo Heat
Hot Tub
HOA First Right of Refusal
Gravity Heat
Heat Pump
Laundry Facility
Laundry Located in Unit
Marina
Other - See Remarks
Window/Wall Unit
AC: None
Other
MiniSplit/Ductless
# of HVAC units:
Aluminum
Block
Brick
Brk/Ven
Frame - Wood
Log
1 Car Garage
2 Car Garage
Stone
Stucco
2 1/2 Car Garage
3 Car Garage
Vinyl
Other/NA
4 Car Garage
5 Car Garage
6 Car Garage
1 Car Carport
2 Car Carport
3 Car Carport
Detached
Off-Street Parking
Attached
Entry Front
Entry Rear
Entry Side
Lower Level
No Garage
Street
See Remarks
Driveway
None
Roof: 1 to 3 req'd Flat
Metal
Shingle
Tile
Other
Slate
Elevator
Gas Heat
Lake/Pond:
Sythentic Stucco
Clubhouse
Dock
Forced Air Heat
Steam Heat
Manufactured Stone Veneer
Additional Strg Fitness Room
Radiant Heat
Cement Board
Sub/Condo Amenities
Electric Heat
Timber Acres:
Construction: 1 to 5 req'd
Utilities: 1 to 5 req'd
Central Air
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Tillable Acres:
Balcony
Electric
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Acreage Info
Chain Link
Foundation
#of Assigned Parking: Maintenance Fee:
Exterior
Brick
Basement: 1 to 9 req'd
Level 2:
Location In Building:
Seller Directs Listing to Not Be Used in AVMs on Internet
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Level 1:
# Condo Units:
Seller Directs Address to be Excluded from Internet
Fencing
Closets
# Building Floors:
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Office Remarks
Garage/Parking: 1 to 18 req'd
Pets Allowed per Restrictions
Playground
Pool
Rental Allowed
Sauna/Steam
Secured Bldg
Tennis Court FHA Approved as of: Year Building Built: Year Unit Finished: Location of Parking: # of Garage Spaces: # of Surface Parking Spaces:
SELLER Initials: __________/__________ Date: __________/__________ Time __________/__________ Required Field BROKER Initials: __________ Date: __________ Time: __________
Field with a list*
Residential Input Form: Louisville MLS Lot Description
Page 3 of 4
To Show: 1 to 10 req'd
Incl. in Maintenance
AddLndAve
Cleared
Appointment Only
Call List Agent
Cable TV
Electric
Corner
Covt/Restr
Call Owner
Combo Box
Exterior Maint.
Gas
Cul De Sac
DeadEnd
Constr. Not Started
CSS
Groundskeeping
Heat
Easement
Flood Insurance Req
GLAR Key
Model Home
Internet
Mstr Ins
Golf Course
Irregular
No Appt.
No Sign
Security
Sewer
Level
See Remarks
Pets-Caution
Showing Service
Snow Removal
Trash
Sidewalk
Storm Sewer
ShowingTime
Under Construction
Other - See Remarks
Water
Will Divide
Wooded
Vacant
Green Feat. TP Cert
Farm Features
Energy Star Home Certified Version:
Barn/Util
Cistern
HERS rated Score:
Dairy
Equipment
LEED Certification:
Irrigation System
Livestock
National Green Building Certification:
Orchard
Poultry
Silo/Grain
Stable
Tobacco Barn
Und Allot
GeoThermal
Solar Panel
Well Water
Other
Spray in Foam Insulation
Tankless Water Heater
Room Information Level
Length
Green Features
Width
Remarks
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PL
Room Name†
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Zero Lot Line
†Room Name: Breakfast Room | Bedroom | Craft/Hobby Room | Den | Dining Area | Dining Room | Exercise Room | Family Room | Florida Room | Foyer | Full Bathroom | Game Room | Great Room | Gym | Half Bathroom | Kitchen | Laundry | Library | Living Room | Loft | Primary Bathroom | Primary Bedroom | Media Room | Mud Room | Office | Other | Separate Apartment | Study | Sitting Room | Sauna
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Seller
flexmlsforms.seller2.signature
Seller
flexmlsforms.sellerbroker.signature
Listing Broker
flexmlsforms.seller1.datesigned
Date
flexmlsforms.seller2.datesigned
Date
flexmlsforms.sellerbroker.datesigned
Date
SELLER Initials: __________/__________ Date: __________/__________ Time __________/__________ Required Field BROKER Initials: __________ Date: __________ Time: __________
Field with a list*
Value Lists for Residential Input Form: Louisville MLS St Dir • • • •
E N NE NW
S SE SW W
• • • • • • •
St Suffix • • • • • • • • • • • • •
• • • • • • • • • • • •
Ave Blvd Cir Cove Ct Dr Hwy Jct Ln Park Pass Pike Pkwy
Pl Plaza Point Pt Rd Square St Terrace Trace Trail Turnpike Way
• •
Auction Condominium
First Floor Laundry •
No
Anchorage Audubon Park Bancroft Barbourmeade Beechwood Village Bellemeade Bellewood Blue Ridge Manor Briarwood Broeck Pointe Brownsboro Farm Brownsboro Village Bullitt Cambridge Coldstream Creekside Crossgate Douglass Hills Druid Hills Fairdale Fincastle Forest Hills Glenview Glenview Hills Glenviw Manor Goose Creek Graymoor-Devondale Green Springs Heritage Creek Hickory Hill Hills and Dales Hollow Creek Hollyvilla Houston Acres Hurstbourne Hurstbourne Acres Indian Hills Iroquois Park Jackson Jeffersontown Kingsley Langdon Place Lincolnshire Louisville Lyndon Lynnview Manor Creek Maryhill Estates Meadow Vale Meadowbrook Farm
•
No
• •
Farm Single Family Residence
•
Yes
•
Yes
Laundry Level • • •
1st 2nd 3rd
• •
Basement Garage
Certified Gold
Bronze Emerald
No
• •
Platinum Silver
• •
Gold Silver
• • •
Garage Surface Parking Uncovered
• Anchorage Historic • Buchertown Local Preservation District • Cherokee Triangle • Clifton Local Preservation District • Individual Landmarks
Location of Parking • • •
Attached Covered Detached
Meadowview Estates Middletown Minor Lane Heights Mockingbird Valley Moorland Murray Hill Nolin Lake None Norbourne Estates Northfield Norwood Oakland Hills Old Brownsboro Place Orchard Grass Hills Parkway Village Plantation Pleasure Ridge Park Poplar Hills Posey Prospect Richlawn Riverwood Rolling Fields Rolling Hills Seneca Gardens Shelbyville Shively Simpsonville South Park View Spring Mill Spring Valley St. Matthews St. Regis Park Strathmoor Manor Strathmoor Village Sycamore Ten Broeck Thornhill Valley Station Washington Watterson Park Wellington West Buechel Westwood Wildwood Windy Hills Woodland Hills Woodlawn Park Worthington Hills
•
Yes
Exclusive Agency Exclusive Right to Sell
•
Limited Service
•
%
•
Yes
• •
List Agent Other
Coop Comm Type •
$
•
No
SqFt - Source • •
Appraiser Builder
Disclosure •
No
•
Yes
•
Yes
• • •
Plat PVA Survey
•
Yes
• • • • • • • • • • • • • • •
High Rise Manufactured Mobile Open Plan Other Patio Quad Level Raised Ranch Ranch Shotgun Split Level Stand Alone Condo Townhouse Traditional Tri-Level
• •
To Be Built Under Construction
•
Yes
•
Yes
•
Under Review
REO/Bank Owned/HUD •
No
Lot SF Source • • •
Deed Other Owner
Monthly Maintenance •
No
Style • • • • • • • • • • • • • • • •
1 Story 1.5 Stories 2 Story 2.5 Stories 3 Story 3.5 Stories A Frame Berm Bi-Level Bungalow Camelback Cape Cod Colonial Contemporary Farm Garden Home
Const Stat • •
Construction Complete New
Assumable
Preservation Dist
National Green Building Certification • •
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
HOA Y/N •
LEED Certification • •
• •
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• 10-Nelson County • 11-Bullitt County • 12-Other Counties • 13-Indiana • 14-Other States • 15-Carroll County • 16-Hardin County • 17-Hart/LaRue Counties • 18-Washington/Marion Counties • 19-Spencer County • 20-Oldham County N171 • 21-Oldham County S-171 • 29-Henry County • 30-Shelby County • 31-Meade County • 34-Trimble County
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
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First Floor MBR
LaGrange Meade Nelson Oldham Shelby Spencer Trimble
Variable Rate Comm
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Property Sub Type
• • • • • • •
Municipality
Area • 00-Central Downtown District/Old Louisville • 01-Dtwn Old Louisville/ Shively/West Lou • 02-Butchertwn/Hghlnds/ Germantwn • 03-Clifton/Crescent Hill/ St Matthews • 04-Pleasure Rdg/Valley Station/Shively • 05-Auburndale/Fairdale/ IroquoisPrk/Shively • 06-Buchel/Hghvw/ okolona/FernCreek • 07-FernCreek/Hikes Point/Jeffersontown • 08-DglasHls/Hurstbrn/ Mdltwn/Anchrg/StMatt • 09-Anchrg/Glnvw/Lyndn/ Prospct
Anchorage Bullitt Carroll Grayson Hardin Henry Jefferson
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• • • •
Contract Type
School District
•
No
Sold As-Is • LaGrange Historical District • Limerick • None • Old Louisville • Parkland Business District • West Main Street
•
No
M Struct Flood Plain • •
Yes No
Energy Star Home Certified Version HOA Fee •
No
•
Yes
• •
Version 1 Version 2
•
Version 3
KENTUCKY REAL ESTATE COMMISSION Public Protection Cabinet DĂLJŽͲhŶĚĞƌǁŽŽĚ ƵŝůĚŝŶŐ 500 Mero Street ϮE Ϭϵ Frankfort, Kentucky 40601 (502) 564-7760
SELLER’S DISCLOSURE OF PROPERTY CONDITION
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This form applies to residential real estate sales and purchases. This form is not required for: 1. Residential purchases of new construction homes if a warranty is provided; 2. Sales of real estate at auction; or 3. A court supervised foreclosure As a Seller, you are asked to disclose what you know about the property you are selling. Your answers to the questions in this form must be based on the best of your knowledge of the property you are selling, however and whenever you gained that knowledge. Please take your time to answer these questions accurately and completely. Property Address City
State
Zip
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PURPOSE OF DISCLOSURE FORM: Completion of this form shall satisfy the requirements of KRS 324.360 that mandates the “seller's disclosure of conditions” relevant to the listed property. This disclosure is based on the Seller’s knowledge of the property's condition and the improvements thereon, however that knowledge was gained. This disclosure form shall not be a warranty by the Seller or real estate agent and shall not be used as a substitute for an inspection or warranty that the purchaser may wish to obtain. This form is a statement of the conditions and other information about the property known by the Seller. Unless otherwise advised, the Seller does not possess any expertise in construction, architecture, engineering, or any other specific areas related to the construction or condition of the property or the improvements on it. Unless otherwise advised, the Seller has not conducted any inspection of generally inaccessible areas such as the foundation or roof. The Buyer is encouraged to obtain his or her own professional inspections of this property.
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INSTRUCTIONS TO THE SELLER(S): (1) Answer every question truthfully. (2) Report all known conditions affecting the property, regardless of how you know about them or when you learned. (3) Attach additional pages, if necessary, with your signature and the date and time of signing. (4) Complete this form yourself or sign the authorization at the end of this form to authorize the real estate agent to complete this form on your behalf in accordance with KRS 324.360(9). (5) If an item does not apply to your property, mark "not applicable." (6) If you truthfully do not know the answer to a question, mark "unknown." (7) If you learn any fact prior to closing that changes one or more of your answers to this form after you have completed and submitted it, immediately notify your agent or any potential buyer of the change in writing.
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SELLER’S DISCLOSURE: As Seller(s), I / we disclose the following information regarding the property. This information is true and accurate to the best of my / our knowledge as of the date signed. Seller(s) authorize(s) the real estate agent to provide a copy of this statement to any person or entity in connection with actual or anticipated sale of the property or as otherwise provided by law. The following information is not the representation of the real estate agent.
Answer all questions to the best of your knowledge. Attach additional sheets as necessary.
1. PRELIMINARY DISCLOSURES a. Have you ever lived in the house? b. List the date (month / year) you purchased the house. c.
d. e.
f.
N/A
YES
NO
UNKNOWN
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Do you own the property as (an) individual(s) or as representative(s) of a company? Explain: To the best of your knowledge, has the house been used as a rental? To the best of your knowledge, has this house ever been vacant (not lived-in) for more than three (3) consecutive months? To the best of your knowledge, has this house ever been used for anything other than a residence? Explain:
Page 1 of 5 KREC Form 402 12/2019
Seller Initials
Date/Time
Buyer Initials
Date/Time
PROPERTY ADDRESS:
N/A
YES
NO
UNKNOWN
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2. HOUSE SYSTEMS Whether or not they have been corrected, state whether there have been problems affecting: a. Plumbing b. Electrical system c. Appliances d. Ceiling and attic fans e. Security system f. Sump pump g. Chimneys, fireplaces, inserts h. Pool, hot tub, sauna i. Sprinkler system j. Heating system age of system: k. Cooling/air conditioning system age of system: l. Water heater age of system: Please explain any deficiencies noted in this Section:
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UNN/A YES NO KNOWN 3. BUILDING STRUCTURE a. Whether or not they have been corrected, state whether there have been problems affecting: 1) The foundation or slab ܆ ܆ ܆ ܆ 2) The structure or exterior veneer ܆ ܆ ܆ ܆ 3) The floors and walls ܆ ܆ ܆ ܆ 4) The doors and windows ܆ ܆ ܆ ܆ b. 1) To the best of your knowledge, has the basement ever leaked? ܆ ܆ ܆ ܆ 2) When was the last time the basement leaked? 3) Have you ever had any repairs done to the basement? ܆ ܆ ܆ ܆ 4) If you have had basement leaks repaired, when was the repair done? 5) If the basement presently leaks, how often does it leak? (e.g., every time it rains, only after an extremely heavy rain, etc.) Explain: h. Have you experienced, or are you aware of, any water or drainage problems in the crawl space? ܆ ܆ ܆ ܆ i. Are you aware of any damage to wood due to moisture or rot? ܆ ܆ ܆ ܆ Are you aware of any present or past wood infestation (e.g. termites, borers, carpenter ants, j. ܆ ܆ ܆ ܆ fungi, etc.)? k. Are you aware of any damage due to wood infestation? ܆ ܆ ܆ ܆ 1) Has the house or any other improvement been treated for wood infestation? ܆ ܆ ܆ ܆ 2) If yes, by whom?
3) Is there a warranty?
Please explain any deficiencies noted in this Section:
4. ROOF a. How old is the roof covering? (write the age of the roof if known) b. Has the roof leaked at any time since you have owned or lived at the property? To the best of your knowledge, has the roof leaked at any time before you owned or lived at c. the property? d. When was the last time the roof leaked? e. Have you ever had any repairs done to the roof?
Page 2 of 5 KREC Form 402 12/2019
Seller Initials
Date/Time
Buyer Initials
Date/Time
N/A
YES
NO
UNKNOWN
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PROPERTY ADDRESS: f. g. h.
Have you ever had the roof replaced? ܆ ܆ ܆ If so, when? If the roof presently leaks, how often does it leak? (e.g., every time it rains, only after an extremely heavy rain, etc.) Explain: Have you ever had roof repairs that involved placing shingles on the roof instead of replacing ܆ ܆ ܆ the entire roof covering? If so, when?
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Please explain any deficiencies noted in this Section:
N/A
6. BOUNDARIES a. Have you ever had a staked or pinned survey of the property performed? b. Are you in possession of a copy of any survey of the property? c. Are the boundaries marked in any way? Explain: d. Do you know the boundaries? Explain: e. Are there any encroachments or unrecorded easements relating to the property? Explain: 7. WATER a. Source of water supply: b. Are you aware of below normal water supply or water pressure? c. Has your water ever been tested? If so, attach the results or explain. Explain: 8. SEWER SYSTEM a. Property is serviced by: 1. Category I: Public Municipal Treatment Facility 2. Category II: Private Treatment Facility 3. Category III: Subdivision Package Plant 4. Category IV: Single Home Aerobic Treatment System (HOME PACKAGE PLANT) 5. Category V: Septic Tank with drain field, lagoon, wetland, or other onsite dispersal 6. Category VI: Septic Tank with dispersal to an offsite, multi-property cluster treatment system 7. Category VII: No Treatment/Unknown Name of Servicer: b. For properties with Category IV, V, or VI systems Date of last inspection (sewer): Date of last inspection (septic): Date last cleaned (septic): c. Are you aware of any problems with the sewer system? Please explain any deficiencies noted in this Section:
YES
NO
UNKNOWN
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5. LAND / DRAINAGE a. Whether or not they have been corrected, state whether there have been problems affecting: 1) Soil stability 2) Drainage, flooding, or grading 3) Erosion 4) Outbuildings or unattached structures Is the house located within a Special Flood Hazard Area (SFHA) mandating the purchase of flood b. insurance for federally backed mortgages? If so, what is the flood zone? Is there a retention / detention basin, pond, lake, creek, spring, or water shed on or adjoining c. this property? Please explain any deficiencies noted in this Section:
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Page 3 of 5 KREC Form 402 12/2019
Seller Initials
Date/Time
Buyer Initials
Date/Time
PROPERTY ADDRESS:
N/A
YES
NO
UNKNOWN
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9. CONSTRUCTION / REMODELING a. Have there been any additions, structural modifications, or other alterations made? b. If so, were all necessary permits and government approvals obtained? Explain: 10. HOMEOWNER’S ASSOCIATION (HOA) a. 1) Is the property subject to rules or regulations of a HOA? 2) If yes, what is the yearly assessment? 3) HOA Name: HOA Primary Contact Name: HOA Primary Contact Phone No.: b. Is the property a condominium? If yes, you must also complete KREC Form 404, the Condominium Seller’s Certificate c. Are you aware of any condition that may result in an increase in taxes or assessments? Are any features of the property shared in common with adjoining landowners, such as walls, d. fences, driveways, etc.? e. Are there any pet or rental restrictions? Explain:
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UNN/A YES NO KNOWN 11. HAZARDOUS CONDITIONS Are you aware of any underground storage tanks, old septic tanks, field lines, cisterns, or a. ܆ ܆ ܆ ܆ abandoned wells on the property? Are you aware of any other environmental hazards? (e.g., carbon monoxide, hazardous waste, b. ܆ ܆ ܆ ܆ water contamination, asbestos, the use of urea formaldehyde, etc.) LEAD BASED PAINT DISCLOSURE REQUIREMENT Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint, which may cause certain health risks. c. Was this house built before 1978? ܆ ܆ ܆ ܆ d. Are you aware of the existence of lead-based paint in or on this house? ܆ ܆ ܆ ܆ RADON DISCLOSURE REQUIREMENT Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks, including lung cancer. The Kentucky Department for Public Health recommends radon testing. For more information, visit chfs.ky.gov and search “radon.” e. 1) Are you aware of any testing for radon gas? ܆ ܆ ܆ ܆ 2) If yes, what were the results? ܆ ܆ ܆ ܆ f. 1) Is there a radon mitigation system installed? ܆ ܆ ܆ ܆ 2) If yes, is it functioning properly? ܆ ܆ ܆ ܆ METHAMPHETAMINE CONTAMINATION DISCLOSURE REQUIREMENT A property owner who chooses NOT to decontaminate a property used in the production of methamphetamine MUST make written disclosure of methamphetamine contamination pursuant to KRS 224.1-410(10) and 902 KAR 47:200. Failure to properly disclose methamphetamine contamination is a Class D Felony under KRS 224.99-010. g. 1) Is the property currently contaminated by the production of methamphetamine? ܆ ܆ ܆ ܆ 2) If no, has the property been professionally decontaminated from methamphetamine ܆ ܆ ܆ ܆ contamination? Explain: UNN/A YES NO KNOWN 12. MISCELLANEOUS ܆ ܆ ܆ ܆ a. Are you aware of any existing or threatened legal action affecting this property? Are there any assessments other than property assessments that apply to this property ܆ ܆ ܆ ܆ b. (e.g. sewer assessments)? Are you aware of any violations of local, state, or federal laws, codes, or ordinances relating to ܆ ܆ ܆ ܆ c. this property? ܆ ܆ ܆ ܆ d. Are there any warranties to be passed on?
Page 4 of 5 KREC Form 402 12/2019
Seller Initials
Date/Time
Buyer Initials
Date/Time
PROPERTY ADDRESS: Explain: Has this house ever been damaged by fire or other disaster? Explain: f. Are you aware of the existence of mold or other fungi on the property? g. Has this house ever had pets living in it? Explain: h. Is this house in a historic district or listed on any registry of historic places? 13. ADDITIONAL INFORMATION Do you know anything else about the property that that should be disclosed to the Buyer? If yes, please provide details in the space provided, below. Attach additional sheets, as necessary.
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܆ NO ܆
܆ UNKNOWN
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14. SELLER(S) CERTIFICATION (CHOOSE ONE) ܆ As Seller(s) I / we hereby certify that the information disclosed above is complete and accurate to the best of my / our knowledge and belief. I / we agree to immediately notify Buyer in writing of any changes that become known to me / us prior to closing. Seller Signature Date Seller Signature Date
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܆ As Seller(s) I / we hereby certify that my / our Real Estate Agent, _________________________________ (print name) has completed this form with information provided by me / us at my / our direction and request. I / we further agree to hold the above-named agent harmless for any representations that appear on this form, in accordance with KRS 324.360(9). Seller Signature Date Seller Signature Date
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X
܆ As Seller(s) I / we refuse to complete this form and acknowledge that the Real Estate Agent will so inform the Buyer. Seller Signature Date Seller Signature Date
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܆ The Seller(s) refuse(s) to complete this form or to acknowledge such refusal. Broker / Agent Print Name Broker / Agent Signature
Date
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The Buyer(s) hereby certifies they have received a copy of this Seller’s Disclosure of Property form
Buyer Signature
Date
X
Buyer Signature
Date
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Page 5 of 5 KREC Form 402 12/2019
Seller Initials
Date/Time
Buyer Initials
Date/Time
GREATER LOUISVILLE ASSOCIATION OF REALTORS ®, INC.
ATTACHMENT TO RESIDENTIAL SALES CONTRACT ________________________________________________(Seller) and ___________________________________
(Buyer)
for Property at____________________________________________________________________ Lead Warning Statement
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Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Sellers Disclosure (initial)
________________(a) Presence of lead-based paint and/or lead-based paint hazards (check one below)
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❑ Known lead-based paint and/or lead-based paint hazards are present in the housing: (explain):
___________________________________________________________________________ ___________________________________________________________________________ ❑ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. ________________(b) Records and Reports available to the seller (check one below):
❑ Seller has provided the purchaser with all available records and reports pertaining to lead-based paint DQG RU OHDG EDVHG KD]DUGV LQ WKH KRXVLQJ OLVW GRFXPHQWV EHORZ
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❑ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint in the housing. Buyer’s Acknowledgment (initial)
________________(c) Purchaser has received copies of all information listed above. ________________(d) Purchaser has received the pamphlet Protect Your Family From Lead in Your Home. ________________(e) Purchaser has (check one below):
❑ Received a 10-day opportunity (or mutually agreed upon period) to conduct risk assessment
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or inspection of the presence of lead-based paint or lead-based paint hazards; or
❑ Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Agent’s Acknowledgment (initial)
________________(f) Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852 d and is aware of his/her responsibility to ensure compliance.
Broker Agent has advised Seller of Seller’s obligation under the law to complete this form and Seller has refused to do so. Seller BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBDateBBBBBBBBBBBBBBBB BuyerBBBBBBBBBBBBBBBBBBBBBDateBBBBBBBBBBBBBBBBBBB
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge that the information they have provided is true and accurate. Seller____________________________________Date BBBBBBBBBBBBB
Buyer _______________________DateBBBBBBBBBBBBBBBBBB
Seller____________________________________ Date BBBBBBBBBBBBB
Buyer _______________________DateBBBBBBBBBBBBBBBBBB
Agent____________________________________Date BBBBBBBBBBBBB
Agent_______________________BDateBBBBBBBBBBBBBBBBBB
Copyright 12/96
F1030/F1031
Affiliated Business Arrangement Disclosure Statement To:
_______________________________________________
Property:
____________________________________________
From:
_______________________________________________
Date:
____________________________________________
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This is to give you notice that HomeServices of Kentucky Inc. doing business as Semonin, REALTORS® (“Semonin, REALTORS®”), HomeServices Relocation, LLC, Prosperity Home Mortgage, LLC, Edina Realty Title, Inc. doing business as HomeServices Title, Inc. (“HomeServices Title, Inc.”), HomeServices Insurance, Inc. doing business as HomeServices Insurance Agency (“HomeServices Insurance Agency”), and Vanderbilt Mortgage and Finance Inc. doing business as Silverton Mortgage (“Silverton Mortgage”) are part of a family of companies (the “Affiliated Companies”) owned by Berkshire Hathaway, Inc. (“Berkshire Hathaway”), and each may refer to you the services of another. Semonin, REALTORS ®, HomeServices Relocation, LLC, Prosperity Home Mortgage, LLC, HomeServices Insurance Agency, and HomeServices Title, Inc. are each wholly owned either directly or indirectly by HomeServices of America, Inc. (“HSoA”), a Berkshire Hathaway affiliate. Silverton Mortgage is a wholly-owned indirect subsidiary of Clayton Homes, a Berkshire Hathaway affiliate. Because of these relationships, the referral of a customer (including you) by any of the Affiliated Companies to another may provide the referring company, its affiliates, and/or their employees with a financial or other benefit. In addition, while Semonin, REALTORS® is not affiliated with American Home Shield Corporation doing business as HSA Home Warranty (“HSA Home Warranty”), it does advertise them for a fixed service fee.
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Set forth below is the estimated charge or range of charges for each of the services listed. You are NOT required to use any of these service providers as a condition of the sale of the subject property or to obtain access to any settlement service. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Service Provided Broker’s Commission
Charge or Range of Charges $199 plus 6% - 10% of the sales price
HomeServices Relocation, LLC
Relocation Services
Fees paid by real estate broker
Prosperity Home Mortgage, LLC
Loan Origination Fee Appraisal Third Party Fees
$0 - $1,199 (2% of loan amount on some bond products) $425 - $1,102 $33 - $215 (credit report, tax service fee, flood cert fee)
Lender’s Policy
$1.50 - $3.35 per $1,000 of coverage, based on type and total amount (minimum $100); or $100 - $150 if issued simultaneously with Owner’s Policy $2.00 - $4.40 per $1,000 of coverage, based on type and total amount (minimum $100) $115 - $250 per transaction
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Service Provider Semonin, REALTORS®
HomeServices Title, Inc.
Owner’s Policy
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Title Search & Exam Fee Closing Protection Letter ALTA Endorsement
$50 (KY); $35 for Lender, $25 for Buyer, $25 for Seller (IN) $30 per endorsement (KY); $50 per endorsement (IN)
HomeServices Insurance Agency*
Homeowner’s Insurance
$300 - $4,000 annual premium, depending on product and associated risk assessments (e.g., age of home, credit score, past claims of the insured, etc.)
Silverton Mortgage
Loan Origination Fee Appraisal
0 – 2.75% of the loan amount (includes third party fees) $475 - $900
HSA Home Warranty
Home Warranty
$465 - $2,862, depending on property and coverage options
ACKNOWLEDGEMENT: I/we have read this disclosure form and understand that the Affiliated Companies may refer me/us to purchase the above-described settlement service(s) from one another and that any such referrals may provide the referring company, its affiliates, and/or their employees with a financial or other benefit. _________________________________________________ Signature (Date)
___________________________________________________ Signature (Date)
* In rare cases, your insurance policy may instead be issued by Long & Foster Insurance Agency, Inc., an affiliate of HomeServices Insurance, Inc. (“HSI”), or under another of HSI’s trade names. HSI’s trade names include: Edina Realty Insurance Agency, Home Team Insurance, HomeServices Insurance Agency, InsuranceSouth, Long Insurance Group, PCG Agencies, PCG Insurance Agency, ReeceNichols Insurance, and Trident Insurance Agency.
HSOA-00009439.18
Rev. 2/15/2022
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Anti-Fraud Disclosure Statement
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Electronic communications such as email email, text messages and social media messaging messaging, are neither secure nor confidential. While Semonin Realtors has adopted policies and procedures to aid in avoiding fraud, even the best security protections can still be bypassed by unauthorized parties. Semonin Realtors will never send you any electronic communication with instructions to transfer funds or to provide nonpublic personal information, such as credit card or debit numbers or bank account and/or routing numbers.
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YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH AS CREDIT OR DEBIT CARD NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS, BY EMAIL OR OTHER UNSECURED ELECTRONIC COMMUNICATION. EMAILS ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO COME FROM A TRUSTED SOURCE.
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If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM Semonin Realtors, do not respond to it and immediately contact Semonin Realtors. Such requests, even if they may otherwise appear to be from Semonin Realtors, are likely part of a scheme to defraud you by stealing funds from you or using your identity to commit a crime. To notify Semonin Realtors of suspected fraud related to your real estate transaction, contact: fraudalert@semonin.com.
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ACKNOWLEDGMENT: I/we have read this Anti-Fraud Disclosure Statement and understand that Semonin Realtors will never send me/us any electronic communication with instructions to transfer funds or provide financial account numbers or other nonpublic personal information.
Signature
Print Name
Common Forms | Revised 11/27/2019
(Date)
Signature
(Date)
Print Name
Page 1 of 1
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ESTIMATED SELLER'S NET SEMONIN REALTORS PROPERTY:
DATE:
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SELLING PRICE Estimated Selling Costs Transfer Tax Deed Preparation/ Attorney Fees Home Buyers' Warranty FHA or VA Loan Discount Fees Commission Consisting of $199 AND of the Selling Price Proration of Taxes Repairs Assessments Other
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SELLER:
$ 199.00
Total Estimated Selling Costs
(-)
$
(199.00) -
(-)
$
0.00 -
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Liens First Mortgage Second Mortgage (Home Equity Loan) Prepayment Fee Late Fee for Late Payments Accrued Interest Tax Liens Mechanic Liens Any Active Legal Proceedings (divorce, bankruptcy, foreclosure) Estimated Lien Pay-off Estimated Net Cash to Seller
$
-
ACKNOWLEDGMENT: I/We have read this disclosure form and understand this is an estimate only for the purposes of providing general information and is not a guarantee of a net amount to the seller. I/We also understand that Semonin Realtors may be referring me/us to purchase the above-mentioned settlement services from Prosperity Home Mortgage, HomeServices Title, HMS Home Warranty, HSA Home Warranty and HomeServices Kentuckiana Insurance, and may receive a financial or other benefit as the result of this referral.
Common Seller Form | Revised 11/27/2019
Seller Initials
Date
Seller Initials
Date
Page 1 of 11
• Coverage while your home is on the market.* Should a covered item breakdown or issues arise during the home inspection, we’ll be there to help. This allows you to focus on top priorities like the sale of your home.
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At HSA , we want to help you protect the equity investment in your home during the listing period. One valuable way is by including our home warranty plan.
BENEFITS
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SELLER Benefits
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These service contracts can help protect your budget from costly surprise repairs and replacement of your home’s covered major components of mechanical systems and appliances. Adding a warranty during the listing period may help reduce your “out-of-pocket” expenses from covered breakdowns.
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Should a covered breakdown happen while your home is on the market, we can help reduce the time and concern of finding a reliable service professional. Our knowledgeable, friendly staff will connect you with a qualified service professional so you can focus on top priorities like selling your home.
Call 800 367 1448 or Visit onlinehsa.com * Listing coverage may be extended up to 12 months. © 2017 Home Security of America, Inc. All rights reserved. HSA-209
• A powerful marketing tool. Buyers may have more confidence when a home includes a warranty. An HSA Home Warranty can give you an edge and help you stand out from other sellers. This is accomplished by letting prospective buyers know their home and budget are protected from unexpected repair and replacement costs of covered appliances and systems.
• Help prevent post-sale disputes. Buyers will turn to us should a covered appliance or system require service after the sale of your home. To help avoid the time and inconvenience of such unexpected service needs, consider an HSA Home Warranty.
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If you think you have been a victim of housing discrimination, please contact one of the agencies on the back of this brochure. Fair housing is not an option. It’s the law.
Report discrimination!
Yes. Exemptions include the rental of an owner-occupied duplex or one room in a private home, the sale of property without help from a real estate dealer and without public advertising, and rental of churchowned housing to the extent of giving preference to those of that religion.
Are there exemptions to these laws?
Any real estate-related organization; real estate operators, brokers, or agents; savings and loan associations; mortgage lenders; banks; apartment house agents/managers; rental agents; builders; contractors; developers; owners of building lots; advertising media; homeowners advertising and selling their own homes; and insurers.
Who must obey the law?
Real property meant as a home or residence for one or more families. This includes homes, apartments, and lots, whether rented or sold, by a real estate broker, sales agent, operator, or directly by the owner.
1231 Louisville Rd. Frankfort, KY 40601 502-564-7630 Toll-free in KY 800-633-8896 TTY 711 www.kyhousing.org
No state funds were used to produce this document.
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OPPORTUNITY
EQUAL HOUSING
601 W. Broadway, Rm. 110 Louisville, KY 40202 502-582-6163 TTY: 800-972-9275 www.hud.gov
U.S. Department of Housing and Urban Development
332 W. Broadway, Ste. 700 Louisville, KY 40202 800-292-5566 TDD: 502-595-4084 www.kchr.ky.gov
Investing in quality housing solutions.
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Fair Housing in Kentucky
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Kentucky Commission on Human Rights
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What housing is covered?
Kentucky Housing Corporation
In addition, local communities, such as Louisville, Lexington, and Frankfort, have passed ordinances to prohibit discrimination based on sexual orientation. Always check with your local community to see what ordinances may be in effect.
On February 3, 2012, the U.S. Department of Housing and Urban Development (HUD) issued a final rule that prohibits discrimination on the basis of actual or perceived sexual orientation, gender identity, or marital status in regards to housing programs assisted by HUD or subject to a mortgage insured by the Federal Housing Administration.
The Fair Housing Act, as amended, prohibits discrimination in housing based on race, color, national origin, religion, disability, gender, and familial status.
Who is protected?
The Fair Housing Act was introduced as a component of the Civil Rights Act of 1968. The act provides equal opportunity to all who buy, sell, rent, finance, or insure housing. In a nutshell, the act protects each individual’s basic right to choose where to live and ensures equal treatment after obtaining housing.
• Develop a fair housing plan and affirmative marketing program. • Promote the use of minority- and femaleowned businesses in all legal documents. • Promote the design and construction of housing that ensures maximum use by all persons. • Promote fair housing by displaying posters and brochures.
KHC requires partners to:
• Refuse to accept mortgage loan applications based on a status, if protected. • Refuse to provide loan information based on a status, if protected. • Give people different terms/conditions on a loan based on a status, if protected. • Discriminate in the appraisal of property based on a status, if protected.
In financial transactions, it is illegal for lending institutions to:
• Refuse to rent or sell to someone based on a status, if protected. • Provide different services of facilities based on a status, if protected. • Falsely deny housing availability based on a status, if protected. • Impose different rules on different people based on a status, if protected.
In sale or rental of housing, it is illegal to:
What is housing discrimination?
• Threaten, intimidate, or interfere with any person’s fair housing rights. • Advertise any availability of housing that states a preference or limitation based on a person’s race, color, gender, national origin, religion, disability (handicap), familial status, and, in some areas, sexual orientation.
In any aspect of housing, it is illegal for any person to:
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KHC maintains an ongoing commitment to fair housing through our homeownership (including homeownership education and counseling), rental, housing production/repair, and special needs housing programs throughout the state. All entities that receive financial assistance from KHC to conduct their housing programs are required to uphold fair housing activities.
Home Buyers Renters Mortgage Lenders Housing Producers Special Needs Housing and Service Providers • Government Agencies • All Housing Industry Members
• • • • •
KHC partners with...
Housing is a basic human need. Having a home instills a sense of safety and security. Our mission at KHC is to provide safe, quality, affordable housing opportunities, and we are committed to putting people first. Our core values guide our work. We believe everyone deserves to have a safe place to live and that everyone has a right to fair housing, free from discrimination.
KHC and our fair housing mission
Understand the facts and know your rights!
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The Fair Housing Act
Fair Housing