Sell Your Home for More Money and Close Faster by Rebecca Williamson

Thank you for the opportunity to introduce our Company, its People and our innovative, Digital Home Marketing Program. The role of a Realtor and their job in the home selling process has forever changed. Not long ago, Realtors were in the business of providing information and acted as gate keepers. Today, the information is no longer proprietary nor the only thing you expect from your Realtor. You expect an analysis of the information as well as an effective marketing plan. We know there is a huge gap between information & actionable knowledge. We recognize that what you really want is a Realtor who can and will… • Proactively market your home • Present an analysis of the pertinent sales data and trends • Connect the dots and let you know if now is the right time to sell • Offer “real world” pricing guidance • Take the time to explain your options – simply and effectively • Be an advocate who will protect your equity and seek the greatest return in the shortest time In our home selling guide, you will find information to help you make a more informed decision about selling your home. Topics covered include pricing guidance, presentation and staging. As an ex-school teacher, I understand that you make the decision and my job is to deliver guidance, advice and good counsel. This material represents the beginning of that journey. We’ll outline most – but not all – of the things we do to help you achieve the highest net profit return from the sale of your home. Please review the following material before we meet so we may have the most productive meeting possible.

Prior to Our Appointment

Before we meet, I will conduct basic research on your property, including but not limited to: Researching Central Appraisal District (CAD) Data from the County Records Conduct an On-Line Search of the County Records: Deed and/or Certificate of Title Deed Restrictions Easements Mortgage Information A General Search of Recent Sales Data and Offerings on Competing Properties Will Be Undertaken and Be Refined After The First Appointment and Inspection of the Property. Begin the Process of Compiling and Drafting a Competitive Market Analysis.

Our First Appointment At our first meeting I will take as long as necessary to answer your questions and gather sufficient information to prepare a detailed, written Broker Opinion of Value that will be presented at the second appointment. Without a thorough gathering of information at your property, it is impossible to prepare a meaningful price opinion. Aside from getting to know each other, the initial appointment will include: • A consultation that will lead to a full understanding of your goals and expectations in the potential offering of your property. • A discussion of the Laws of Agency. I will then ask you to sign a form entitled “Information About Brokerage Services” as required by the Texas Real Estate Commission (TREC) (found in the Education section of this packet). • A tour of your property where you point out the details and features of interest that only you, as the owner, would be aware of.

At the conclusion of our tour, I will present my Comprehensive Marketing Strategy and Integrated Digital Online Marketing Plan designed to achieve the highest dollar return for your property. I will then take a second walk through, taking pictures and dictating a detailed room by room description. At that time notations will be made on my Market Preparation & Staging Checklist regarding steps that you may wish to consider undertaking to enhance the market value of your home and shorten the time on the market. This checklist will be completed and shared with you once the listing agreement is signed. Before leaving, I will take at least one exterior photo to include in the Marketing and Broker Opinion of Value Report. Due to weather conditions or time of day this may not be an optimal photograph. Professional exterior and interior photography will be contracted once the listing agreement is signed.

Prior to Our Second Appointment The draft of the Competitive Market Analysis will be completed. The comparable sales will be narrowed to include only those most similar to your property based upon my inspections. Certain properties will require adjustments to account for the differences between your property and the recent sales. This will allow us to arrive an estimated sales price for the comparable properties that are more meaningful in the estimate of the selling price for your property.

Second Appointment Optimally, the second appointment also takes place at the property but can take place over the telephone, if necessary. I will present the Comparative Market Analysis and my Broker Price Opinion. Keep in mind that the price suggested in the Comparative Market Analysis is only the first step in deciding on the initial offering price of your property. We will discuss the marketing process and any questions you have will be answered. Initial agreement on the offering price will be made and kept strictly confidential between us. If we agree that additional input should be considered, we will leave the price out of our listing agreement temporarily. Lastly, upon signing the Listing Agreement, I will provide a checklist that will help you prepare your home for photography and presentation to the market.

The Pricing Process At the next office meeting, I will describe your property to my colleagues without any discussion of our pricing conversation. After the meeting, the pricing committee will tour your property and share their independent opinion of value with me privately. Later that day, you and I will determine the final offering price based on the recommendations and the Comparative Market Analysis I presented earlier. Once we have agreed on an offering price, a professional photographer will shoot as many interior and exterior photos as necessary to fully capture the essence of your property. I may take additional photos as necessary.

Going to Market At the point in which your home is fully and completely prepared for showing. Repairs, if any, are completed, staging is in place, photographs and video in the can and the property is spotlessly clean, we are ready to meet the market.

Table of Contents

Our Philosophy Our Leadership Team Why Choose Us? Our Performance Advantage Designations & Achievements

Many agents believe their most important job is just satisfying the client. We donâ&#x20AC;&#x2122;t think thatâ&#x20AC;&#x2122;s enough. We know that simply satisfying the client is only the minimum requirement for staying in business. We are passionately committed to providing you with concierge-level service unparalleled in the industry. We expect to deliver a 5 STAR experience, and earn your 5 STAR rating. We look forward to meeting with you and beginning our journey to get your home sold for all itâ&#x20AC;&#x2122;s worth.

Eleven Oaks Realty Leadership Team Who We Are Eleven Oaks Realty is a family owned and operated brokerage firm based in Austin, Texas. With $200MM in transactions and over 60 years of combined experience, we’ve seen virtually everything the market has to offer. We are a team of neighborhood experts who pride themselves on delivering concierge-level service. Meet our leadership team and you’ll understand what makes us different than any other firm in the market today.

Raymond Stoklosa – CRS, ABR, e-Pro Chairman and Managing Broker Raymond has been a respected authority in residential real estate since 1978. Having sold more than $150 million worth of real estate, in a variety of high-intensity markets, he possesses a noteworthy portfolio of success.. A former real estate instructor, Raymond brings a passion for education to the real estate process. With an uncompromising attention to detail, he counsels clients to a well-informed business decision. He takes particular pride in assertively negotiating for the client’s best interests. “Real estate has changed a lot in my 35+ years, but there are some things that will never change. My clients know that they have a knowledgeable, competent negotiator working on their behalf to advance their interests. It’s this relentless pursuit of the client’s interests that we’ve worked hard to instill in all of the Realtors at Eleven Oaks Realty.”

Rebecca Williamson – CRS, ABR, SFR Chief Operating Officer Rebecca brings a passion for customer-service to the leadership team. Having worked first in the frantic San Francisco real estate market, and relocated to Austin, she has seen first-hand the difficulties that buyers can face in hot markets like Austin. Because of that, she has founded her success on a commitment to personalized service. Clients appreciate her dedication to not only the success of their transaction, but their very peace of mind. She is particularly adept at creating bridges to make home buying and relocation as seamless as possible. “Buying a home locally or from afar is a stressful experience. There’s nothing worse than being left in the dark when it comes to one of your biggest decisions. That’s why I work hard to show my clients that I am just as dedicated to their home purchase as they are. We’re in constant communication so they can rest assured that their transaction is proceeding smoothly.”

Chris Williamson – CNE, ABR Chief Revenue Officer Chris began his career in 2003 in his hometown of Atlanta, Georgia and since then, has acquired a broad base of knowledge and experience in both residential sales and mortgage financing. He brings this unique combination of skills to the Eleven Oaks Realty leadership team as well as his clients – whom he helps navigate the complex transactional process in today’s ever-changing real estate market. If you are looking to sell, there are few REALTORS® more conscientious and diligent than Chris. As a contributing author of AustinRealEstateHomesBlog.com, he is one of the most creative agents in Austin when it comes to new, innovative marketing tactics. He’s committed to helping clients quickly sell their homes for top dollar. All the while, his reassuring demeanor and calm “can-do” attitude makes him a perfect advisor for first-time home buyers and sellers alike. “Selling a house shouldn’t have to be a hassle. Our program generates buzz and publicity for the listing from the day it hits the market until the day it closes. We make sure to take advantage of the flurry of activity that happens when your home hits the market and coach our sellers to know what they can do to showcase their home in the best light.”

Why Choose Us? 60+ Years Combined Experience

There is virtually nothing we have not seen before or cannot handle.

$250MM+ Real Estate SOLD

Having sold homes in every price range & every type of market, we have a demonstrable history of success.

We Know Austin!

We share insights not readily discerned from an internet search and monitor the market 24/7 to provide the most up-to-date market analysis.

Our Performance Advantage All Agents are NOT equal! Professors have Doctorates, Physicians have Medical Degrees, Realtors have Designations! How can you tell if your real estate agent has the knowledge and experience you need? Ask about their Designations! Designations mean your agent has invested their time and money to attend courses, take and pass difficult exams, and achieve specified levels of professional achievement in order to earn each Designation. This translates into a professional with advanced degrees to assist you in protecting YOUR biggest asset!

Raymond Stoklosa, CRS Since 1993 Rebecca Williamson, CRS Since 2013 CRS is the most prestigious designation in the real estate industry. Annually, Certified Residential Specialists earn more than triple the income of the average REALTOR®, and CRSs complete nearly twice as many transactions each year. Out of more than 1 million REALTORS®, less than 3% are Certified Residential Specialists. Real estate agents who have earned the prestigious CRS Designation are recognized as the best-of-the-best in the industry —generating twice the income and number of transactions* than the average REALTOR®. When selling a home in today’s market, you want to get the most out of your investment. Certified Residential Specialists® understand the complexities of the housing market and how to best strategically position your interests. To ensure you’re getting the best service and terms, you want a specialist — a Certified Residential Specialist® - to handle your transaction.

The Accredited Buyer’s Representative (ABR®) designation is the benchmark of excellence in buyer representation. This coveted designation bestowed by the Real Estate Buyer’s Agent Council (REBAC) of the NATIONAL ASSOCIATION OF REALTORS® demonstrates to peers and consumers a commitment to providing outstanding service for real estate buyers.

How does this designation help you? We know and understand today’s home buyer.

Past Client Experiences

Whatâ&#x20AC;&#x2122;s in it for You? Concierge Level Service and... High Impact Marketing

Pricing Guidance

Our powerful, innovative dual-phase Online Marketing Campaign emphasizes Search Engine Optimization (SEO), Social Media and Visual Web channels to get your home seen more often by more people.

We present current, accurate, local sales data and an analysis of market conditions & trends to help you make an informed business decision.

Market Preparation

Transaction Management

We identify profitable home improvement opportunities and work with a range of professionals to ensure your home shows its very best, both online and when buyers walk through the door.

We meticulously manage all the big issues and little details efficiently so you donâ&#x20AC;&#x2122;t have to worry.

Assertive Negotiations

We respectfully and aggressively negotiate to achieve a top dollar return for your home.

Equity Protection

We treat your money as though it were our money so you can put as much in your pocket as possible.

Education

Team of Professionals

We help you understand the marketing and sales process, disclosure requirements, contract provisions and closing practices to avoid surprises.

Our unique team approach to representation means there is always a very experienced and knowledgeable agent there when you need us.

How We Do It

Selling Your Home in the Digital Age Selling your home for top dollar in the digital age requires a thorough understanding of how marketing on the Internet works. According to surveys by the National Association of Realtors (NAR), 92% of potential home buyers use the Internet to search for homes. In Austin, a joint study by NAR and Google suggests it is more like 99%.

Our Innovative, Digital Home Marketing Plan Targets Austin Buyers Where They Are Looking:...ONLINE!

y g e

t a r t S

Stru c

ture

We employ a Comprehensive Strategy with an Integrated Structure designed to expose your home more often in more ways to more buyers.

Dual Phase Marketing Program

Our Powerful Dual-Phase Digital Online Marketing Campaign is managed by a fulltime Director of Digital Marketing and Social Media whose sole job is to get your home seen more often by more people.

Phase One: Pre-MLS

Phase Two: Active MLS

48-72 hours prior to posting your listing on the MLS, we institute a penetrating Social Media Campaign designed to create a “buzz” of anticipation among prospective home buyers. This “seeding effect” builds a pipeline of potential home buyers wanting to see your home before it actually comes on the market. Focusing on the most populous social media portals - Facebook, Pinterest, Twitter, Instagram - we promote your home where today’s buyers are searching.

Upon posting to the MLS, we coordinate and actively manage a powerful Digital Online Marketing Campaign. Using the latest Search Engine Optimization (SEO) tools we continuously promote your home to maximize exposure and generate more showings. Empathising the most viewed syndication channels - YouTube, Zillow, Trulia, Google, Realtor.com and Yahoo - we get your home seen more often by more buyers.

Digital Marketing Specialist

We employ a full time Digital Marketing & Social Media Specialist whose sole focus is to maximize exposure and see that your home is seen more often by more people.

Utilizing the Online Marketing Power of Search Engine Optimization

Social Media Portals

Offline Marketing Enhancements

Visual Web Channels

SOLD More Least Money Time

We Get Your Home

For

in the

The Power of Networking We reach more buyers through our association with National & International Broker-to-Broker Referral Networks. As members of numerous world-wide referral networks, your home is seen more often by more people. Some of our affiliations… • • • • •

Certified Residential Specialist Network Senior’s Real Estate Specialist Network Accredited Buyer Representative Network e-PRO Internet Referral Network Silicon Valley (CA) Agent Network

Maximum Exposure Produces More Showings.

Value Plus Marketing Enhancements Professional Photography & Video Custom Website to Immerse Buyers in Your Home Only

Custom Yard Sign

Floorplan

Neighborhood Amenty Map 3D Virtual Tour

Pivotal Decisions Selecting the Right Agent

Establishing the Right Price

Pricing Guidance We Provide Pertinent Sales Data and Analysis of Market Conditions & Trends so you can make an informed business decision.

You Establish the List Price.

10 Factors Control the Sale of a Home

Seller Controls

No Control • • • •

Location Market Value Motivation of Competittion

• • • • •

List Price Terms Condition Accessibility Preparation

Agent Controls • Marketing

Price Your Home Realistically from the Start to... 1) Net the Highest Return in the Shortest Time Pricing your home realistically from the outset increases the likelihood of a timely sale with less hassle and a greater net return. Historically, studies show homes on the market for longer suffer greater price resistance from buyers. The longer your home is on the market, the longer you postpone getting on with your life.

2) Get More Offers Home buyers today are well informed and well studied. They know what is on the market, what sold and for how much. They study every home that is listed within their buying criteria. They know whether a home is priced realistically, or not, and act accordingly. If your home is not perceived to be comparably priced with homes similar in features, amenities and size, a buyer will not spend their time looking at it. Remember, your home’s first showing is online. Buyers will draw most of their impressions about your home from what they see and learn there. If more buyers perceive your home as a value, you’ll get more showings. More showings usually means more offers.

3) Sell for More than Fair Market Value Overpricing is the #1 reason why homes languish on the market. Buyers are most certainly aware of how long a home has been on the market because they commonly ask their agent that very question. A home that has become stale – exceeded its shelf life so to speak - is thought to have “something wrong” with it. Usually the “something wrong” is not a physical defect; it is simply overpriced for the market. And, historical data shows that homes on the market for a long time often sell for less than fair market value. Want more than fair market value? Price realistically from the start. You’ll get offers faster and avoid the “stale” listing effect.

4) Shorten the Time You Need to Keep Your Home in Showing Condition Let’s be clear. Keeping a home in showing condition is a lot of work and inconvenient. You probably don’t relish the idea of keeping your home in showing condition every single day. It gets annoying to have strangers, who may be inconsiderate, come into your home and disrupt your normal flow of life. The faster your home sells, the faster you can get back to your normal routine of doing things.

80% of Selling Your Home For Top Dollar Is Proper Pricing!

Homes Priced Right First Shown

First to Receive Offers

Most Talked About

Receive Stronger Offers

More Likely to Sell

Dangers of Overpricing

Buyerâ&#x20AC;&#x2122;s agents wonâ&#x20AC;&#x2122;t show your home Reduces online presence Suppresses offline traffic Lose serious buyers Help sell the competition Discourage offers Causes appraisal problems Lowers net proceeds

Factors that Should Affect Your List Price How quickly you need to sell

Competitive homes in your price category and area

Availability, flexibility and affordability of financing

Sale prices of similar homes sold in your area over the past 3-6 months

Factors that Should Not Affect Your List Price Original cost of the home

Opinion of friends and neighbors

Cost to build the home today

Cost of improvements made

Emotional attachment

Your Home Is Worth What A Buyer Will Pay In This Market At This Time. D

- Consumerâ&#x20AC;&#x2122;s Guide to Residential Real Estate

Only One Person Knows The Value Of A Home: Its Buyer. D

- Wall Street Journal, Currents

What will home buyers think of your asking price?

Is Your Price Right?

Plysical showings but no oﬀers. 4-6% oﬀ the market

Internet showings and low number of physical showings. 6-12% oﬀ the market

Internet showings but no physical showings. 12+% oﬀ the market

Oﬀers!

Our #1 Job To increase awareness of your homeâ&#x20AC;&#x2122;s availability by maximizing exposure among potential buyers leading to in-person showings. Once the buyer reaches your front door, the job of marketing is over. Your home must now stand on its own merits and compete against other homes for sale in two critical areasâ&#x20AC;Ś

Features and Price If your home has more features that appeal to buyers or your home is priced lower than comparable homes, your home will stand out as a better value. Conversely, if your home lacks features that Buyers desire, then your only option is to compete on price. To be successful, your home should stand out as one of the two or three best values in the market area.

Presentation and Preparation We identify profitable home improvement opportunities and can recommend for your consideration a range of professional staging consultants and make-ready repair teams. We contract with highly skilled professional photographers and videographers to ensure that your home shows its very best, both online and when buyers walk through the door.

Why Presentation & Preparation Matters

Market Preparation Buyers form an opinion within first 15 seconds Most buyers decide to buy in only 6 minutes No 2nd Chance to Make a Great 1st Impression Preparation.â&#x20AC;Ś Repairs Staging & Cleanliness ....is Crucial

Home Staging Checklist When you place your home on the market, it becomes a product. Like any other product in the marketplace it has features and benefits, pluses and minuses and there are other like products competing for the buyer’s dollar. To gain a competitive edge, your home must be priced right and show better than the competition. A survey conducted by the National Association of Realtors found that on average, buyers inspect 12 homes before deciding. That means, 11 other homes are competing against yours! When you sell your home, you’re going to have to move. When you move you’re going to have to pack. So, start packing! It’s a little bit of work, but you’re going to have to do it anyway. So do it now and position your home to get top dollar.

Things to Keep in Mind: • • • •

Buyer’s only know what they see, not how it’s going to be. You can’t sell it if you can’t see it. You can’t sell it if you can smell it. The way you live in your home and the way you market and sell your house are two different things.

General Comments: • In every room, stand in the doorway and look at the room through the eyes of a buyer. What do you see? Be tough on yourself: What can you do without while your home is on the market? • Most carpets need to be cleaned. Have them professionally cleaned and deoderized before coming on the market. If they need to be replaced you should replace them unless you don’t want to ask top dollar. • Check all light fixtures. Are they working properly? Replace all burned out light bulbs. Look for dark hallways and corners and increase the wattage of bulbs in those areas. • Make sure there are lamps with adequate bulbs in dark corners and turned on for showings. • Repair and repaint cracks on all walls and ceilings. • Repair or replace broken light switches and switch plates. Clean any dirty areas around them.

• Keep all curtains and blinds open during the day to let in all light and views. The extra cost of heating or air conditioning is a necessary cost of selling. • Pack up all valuables to protect them. If necessary, take them to a safe deposit box. • Take a hard look at those beloved house plants. In most cases they need to be pruned and/or the number of plants reduced to create more space. If plants don’t look healthy and are barely clinging to life, give them away. • Fireplaces need to be cleaned out. Glass doors should be cleaned. Mantels and hearths need to be cleared off except for a very few necessary items. • To create more space, you may want to remove some furnishings. • Pack up all collections (you need to pack them sooner or later anyway). They distract buyers from the desired focal point…your home. • Reduce the number of books on bookshelves. Pack up the books early! • Reduce the number of family photos on shelves, pianos and tables. • Reduce the number of wall hung photos and paintings in every room to one large piece on a wall or a small group of three. Make sure they are hung at eye level. Most people hang their pictures too high. • Be sensitive to odors because buyers are! • Wash all windows inside and out and make sure they operate freely. • Repair items that are broken. This will show that your home is well taken care of. In most cases, buyers will ask for them to be repaired anyway, so do it now. • Rearrange furnishings or move furnishings from room to room as needed to create more space. • In general, pack up the little things. Little things create clutter and they need to be packed up anyway, so pack them up now. • Clear off all coffee tables and end tables. Keep decorative objects on the furniture Living Room, Family Room, Den: restricted to groups of 1, 3, or 5 items. • Remove all ashtrays.

Dining Room: • Clear off dining table except for one nice centerpiece. • Remove extra leaves from tables to make the room look bigger. • Remove extra chairs from table if they crowd the table or fill up corners of the room. Four or six chairs are enough.

Kitchen:

• Clear all unnecessary objects from the kitchen countertops leaving only a very few items you use on a daily basis. • Clear refrigerators of magnets, pictures, messages, etc. • Clean tile grout with bleach if needed. • Repair broken tile or loose corners on laminate counters. • Clean the stovetop and oven. Replace burner pans. • Clean all exhaust fans, filters & hoods. • Keep the kitchen sink clean and empty on a daily basis.

• Keep all soaps, sponges and cleaning supplies out of sight under the sink. • Empty the garbage regularly to reduce odors. • Move cat and dog dishes so they don’t interfere with the buyer’s walk around the room.

Bedroom: • Make beds daily. • Invest in a new bedspread if necessary. • Clear off bedside tables, dressers, etc. except for a very few necessary items. • Store extra books and magazines underneath the bed. • Keep closet doors closed. If you have a walk-in closet keep the floor clean and free of laundry and clutter. • Remove all posters tacked on walls and repair holes in walls.

Closets: • Make sure you can open the door freely without any thing falling on potential buyers.

Laundry Rooms: • Put soaps and supplies in cupboards. • Keep counters and sink clean and empty. • Make sure that light bulbs are working and have adequate wattage. Most laundry rooms are too dark.

Bathrooms: • Clear off all surfaces. Put toiletries in drawers or cabinets and only keep a few necessary items out in baskets or a tray. • Make sure you have a bottle of hand soap or a clean bar of soap. • Coordinate towels in one or two colors. Fold in thirds on towel racks daily. Purchase new towels if you need to. • Clear all items out of shower stalls and tubs except for necessities. • Clean or replace the shower curtain. • Repair any cracking or peeling areas and clean any moldy areas. Paint if necessary. • Many tubs and showers need a fresh new bead of silicone caulking around the edges to make them look neat and clean. • Take all cloth toilet lid covers off and keep toilet lids closed. • Hide out of sight the garbage can and cleaning supplies.

Outside Your Home The first impression when a buyer drives up to your home is critical. Walk across the street and look at it through a buyer’s eyes. Be tough and honest with yourself. What do you see? What does a buyer see?

Trim and House Paint: Take a hard look at the front door and trim. Give special attention to this because this is where buyers will get their first opportunity to make a close inspection of your home. Does it need repainting or staining? Repainting the doors and trim to help make the house look crisp and in good condition is one of the least expensive things you can do to dress up a home.

Decks, Porches & Patios: • Sweep all walkways and patios, porches or decks. • Remove all moss. • Decks should be pressure-washed, stained or painted if needed. • Clear patios or decks of small items such as little plants, flower pots, charcoal, barbeques, toys, etc. • If you have outdoor furniture create one simple room setting of clean furniture so buyers see how they can use the space.

Roofs:

• Check gutters and roof for dry rot and moss. Make sure they are swept and cleaned.

Fences: • Repair broken fences and gates and paint if necessary.

Landscaping: • Look at all plants. Prune bushes and trees. Keep plants from blocking windows. • Remove any dead plants, weed all planting areas and put down fresh mulch. • Keep your lawn freshly cut, edged and fertilized during the growing season.

General: • Go around the perimeter of the house and remove all garbage cans, discarded wood scraps, extra building materials, etc., to the garage or, if applicable, take them to the dump. • Remove all plastic storage containers, children’s toys & any unnecessary objects.

Garages: • Sweep out and organize. Keep storage in garage neat.

Pets: • If possible, board your pet • If not, create a plan to minimize the potential negative impact of your pet on the sale • Remove any indication that a pet resides in home

Home Showing Suggestions Since a home buyer’s decision to purchase is based far more on emotions than on logic, you want to incite the buyer’s emotions in the most positive way. Create emotional signals in the buyer’s mind that cry “I want to buy this home.” Presenting your home by accentuating your home’s positive attributes and underplaying the negative aspects of your home will pay dividends in the negotiations. Here are suggestions to help you set the right emotional climate.

Make a Buyer Feel a Warm Welcome • Present your home proudly as you would for a guest coming to a holiday gathering. Avoid doing things that might make a buyer feel like an intruder. You want the buyer to imagine owning your home. • Don’t expect the buyer to remove her shoes, unless you are selling to a buyer for whom religious or cultural reasons mandate it. The request to remove their shoes can be embarrassing and even insulting to many buyers. • Leave your house. The buyer won’t talk about the house in front of you or open doors with you standing there or they sense you’re watching them. • Allow the buyer the opportunity to engage with your home. You want the buyer to develop an emotional bond.

• Don’t pressure or hurry the buyer. Tell the buyer to take all the time they need. • Leave a bowl of wrapped candy or other treats near the front door with a small note thanking the buyer for coming to see your home.

Control the Temperature • Now is not the time to worry about your utility bill. • If it’s cold enough to wear a sweater to stay warm, turn on the heat. • If it’s warm outside, turn on the air conditioning. It’s better to heat or cool the house a degree or two warmer / colder than usual and then re-set the temperature to return to normal after buyers depart. This prevents the heat or A/C from kicking on when the buyer is present, because some HVAC systems are loud. You want the temperature inside to be comfortable and to give the buyer more of a reason to linger, especially on hot or cold days!

Create a Mood • • • •

Light a fire in the fireplace. Make it romantic by placing two champagne glasses on a nearby table. Turn on soft, soothing music. If you have water fountains, turn them on. They are especially useful for drowning out traffic noise.

Downplay the Scent • Many people are allergic to certain scents and deodorizers, so don’t spray the air or plug-in air fresheners. • Don’t burn candles or spray perfume in the bedroom for the same reason. • If weather permits, open the windows -- if there is too much noise outside, close them. • If you’re going to bake cookies or simmer spices such as cinnamon in water on the stove, put out munchies so buyers aren’t disappointed. More than one buyer has said, “Oh, darn, I thought there were cookies in here!”

Play Up the Visual • If you have seasonal photographs showcasing flower gardens, leaves bursting in color or a snow-covered lawn twinkling from street lights, then display them in a prominent position. • Open all the window coverings to let in light. Keep blinds partially closed that otherwise show undesirable outdoor scenery such as a dilapidated fence or a nearby structure that obstructs views.

Light Up Your House • Turn on every light in the house, including appliance lights and closet lights. • Brighten dark rooms with few windows by placing soft spot lights on the floor behind furniture. • Turn off TV.

Encourage Touching • Drape sensuous fabrics such as velvet or silk throws over chair arms. • Leave doors slightly ajar. • If you have carpeting, vacuum in one direction.

Provide Thoughtful Cards • Attach printed cards to items and in rooms that provide further information the buyer might miss or might not know. You have little time to make an impression. • - If you have an antique chandelier in your dining room, put a card on it that discloses its age and other important details. • - If you have removed the washer and dryer from the laundry room, attach a card to the wall describing the room. • - If your basement stairs are steep, attach a card to the railing that cautions buyers to watch their step. • - Take care when placing a card that says: “Not included in the sale.” That will make a buyer want it, but you can play that later to your advantage.

Top It Off With Food • The best way to entice buyers to linger and notice even more details about your home is to offer them food. You don’t need to cater a lunch, but cookies, soft drinks, water, all are welcome.

Encourage Buyer Feedback • Near the snacks, leave pens and a stack of preprinted questionnaire cards or a guest book to sign. • Buyers will feel more obligated to respond to your request after being fed. The showing feedback you receive will be invaluable. • Allow buyer anonymity. • Keep in mind…it’s not personal. It is business.

Reasons Homes Donâ&#x20AC;&#x2122;t Sell Inaccurate Factual Data

Poor Presentation

Inaccessibility

Price

Things that Make Homes Harder to Sell • Located under or have a view of high voltage power lines or cell towers • Floodplain on or contiguous to property • Noise and safety concerns such as busy road adjoining property or located on main entrance to neighborhood • Privacy concerns such as corner lot or no tree buffer between houses • Train tracks adjoining or near property • Steep-sloped or common shared driveway • House sitting below street level • Large storm sewer drains on property • Landfills near property • Stagnant pond or stream in sight • Neighboring homes not well kept or barking dogs • No lawn - bare spots, lots of weeds • Pet “landmines” on the lawn • Gravel driveway or no front sidewalk • Exterior paint peeling, fading or showing signs of deterioration • Roof stains, curled shingles, rotted siding or aging roof • Over filled gutters and clogged or broken downspouts • Second floor master bedroom without secondary bedroom on same level • Room without closet referred to as bedroom • Attached garage converted into heated living area • Bonus room access through bedroom instead of hallway • Finished third floor access through bedroom instead of hallway • Unpermitted space (any renovations or additions without building permits) • Stained woodwork where house appears dark • Outdated kitchens and baths • Signs of water damage, excessive settlement or foundation damage • Carpet over hardwood floors • Wallpaper • Personalized paint colors • Polished brass fixtures • Stained or worn carpet • Flooring showing wear and tear • Odors - Pet, cigarette or cooking odor • Pet food bags or water bowls on display • Children’s room decorated as a cartoon or theme park • Above ground swimming pool • Appearance of neglect

Have one of these? We can show you how to sell for top dollar in spite of these obstacles!

Do’s of Home Selling Selling your home can be one of the most anxious and emotional tasks you’ll experience in your life. Your house became a place where you made a statement about you and your family. It’s a place where many memories have been stored and you’ll miss that. However, selling a home is a business transaction. It’s no longer a matter of how much you love your home, but how much a buyer will love your home and pay top dollar to get it. Buyers must be able to see your home as a place they can enjoy and built memories based on their own lifestyles and preferences. Consider the following list of Do’s and Don’ts as a guide to help you achieve the best price possible for your home. DO: Keep your home show ready at all times. Make every effort to have your home ready to show at a moment’s notice. Be as accommodating as possible to agents who ask to see your home on short notice. You can’t sell your home if you don’t show it. Don’t take the chance of losing the right buyer because of a little inconvenience. DO: Make improvements that will help sell the home Some improvements, such as landscaping and paint, can enhance the sell-ability of your home for a relatively low cost. Improving the appearance of your home using neutral paint colors to enhance its eye appeal will pay greater dividends than an elaborate remodel.

DO: Showcase your home’s strengths Your home’s décor and furnishings are right for you, but probably not for every buyer. Make your home’s strengths a focal point of the buyer’s vision. Neutral tones, colorations and accents work best. When in doubt seek out the services of a professional home stager for guidance. DO: De-clutter and De-Personalize The least expensive thing you can do to make your home ready to sell is to get rid of all the stuff. De-clutter and de-personalize to show lots of useable space. Most buyers cannot visualize well and they have a hard time seeing themselves living in your home with all your stuff in their sight lines. You are moving anyway so start packing and put the boxes in storage. Do: De-bug Scorpions, spiders, ants, roaches, wasps, hornets, mice any insect or rodent that does not belong indoors shouldn’t be there. Call the exterminator and get rid of them. A buyer seeing an unwanted insect or rodent can develop an instant dis-taste for your home . Do: Remove pets If possible, remove pets from the home during showings. If you can’t, contain them in crates foe their safety and the safety of others, and to show respect for the feelings of potential buyers.

Don’t’s of Home Selling Don’t: Make major renovations before selling. Major construction projects (e.g. room additions, kitchen remodels) are time consuming and unlikely to deliver a satisfactory net return. Modest improvements that enhance your home’s assets and appearance are more likely to generate a better sale price. Repairs to put basic systems and appliances in good working order are an expenditure well spent. Don’t: List with contingency to find replacement place. Telling prospective home buyers that you won’t sell unless you find a home of your own will scare off most buyers. If you need to find a replacement, you might wish to consider a provision that allows you to remain in possession and rent back the property for a period of time after the close. Don’t: Hard sell. Granted you know your home better than anyone, still personally showing your home to potential buyers is not advisable. A seller guided tour of the home can make buyers feel pressured and uncomfortable as though they are being “sold.” They need space to “get the feel” of the home and the freedom to speak frankly to each other and their agent. Go for a long walk; respect the buyers need for privacy and allow ample time for them to absorb the benefits of your home. Don’t: Impose barriers Some sellers make the mistake of restricting show times to suit their convenience. With that strategy you are likely to miss some great buyers; maybe the one buyer who would have loved your home and would have made an offer on the spot. Buyers want to see the home and often need to see your home when their schedules permit. Usually corporate relocation buyers have a narrow time windows to shop for a home and have little flexibility in re-arranging their schedules. Don’t: Refuse to counter a low offer. It’s human to try to buy low; often buyers just feel the need to “take a shot.” A low offer from a well-qualified buyer is considerably better than a high offer from an unqualified buyer who may eventually rescind the transaction. Be ready to negotiation; it’s inherent in every business deal. Look for common ground and don’t be the last person to say “no”. Don’t: Put your home on the market before it is ready. First impressions are powerful and they last. Most people simply lack the vision to imagine what a home will look like when they fix it up. Don’t show your home until it has been de-cluttered, staged and cleaned spotless.

Selling a Pet Occupied Home Of course you adore your pet. They are part of the family. But I know the one person who may not love your pet or anyone else’s…the prospective home buyer looking at your home. It just seems to work out that way. So, while this advice might be difficult for you to accept, if you want to get top dollar for your house, consider how much you might lose with a dog or cat or even a reptile in residence. Why Don’t Home Buyers Like Your Pet? Apprehensiveness Pets make some people nervous and very uncomfortable particularly those who did not grow up with a family pet or has one now. Fear Whether rational or irrational, it’s irrelevant. It’s not only dogs that instill fear in people. Weird legends and superstitions revolve around cats too. Inexperience Pets are not always predictable and your pets aren’t their pets. They imagine your pet will sniff, bite, jump, vomit, claw, spit-up hairballs or just behave badly. Not at all, of course, like their pets. The Best Advice is Sometimes Difficult to Accept You’ll not want to hear this, but sometimes a professional must tell you what you need to hear, especially if it impacts your bottom line. The best thing to do to ensure top price for your home is to re-ocate your pets while your home is on the market. Putting them in the back yard, in the garage, in another room or in a crate that you keep locked is not the answer. You need to remove them from the house. Get a trusted friend or relative care for your pet or board them at a kennel or send them on vacation, but whatever you do absent your pet from the premises. Overcoming Negative Perceptions If you ignore all professional advice and absolutely refuse to move your pets out of the house, then at least mitigate the objections and minimize the nuisance factors, real or imagined: Cat Litter Boxes & Dog Potty Pads Keep them out of sight and meticulously clean. Nothing turns off buyers faster than opening the door to the laundry room and being assaulted by noxious odors and a full cat box.

Carpet & Floor Pet Stains Hire professionals carpet cleaners to remove the stains. Buyers will see them like a burst of lightening and form distinctly negative opinions about the rest of the house. If the stains can’t be removed, then remove the floor covering and replace it with a neutral color covering. Pet Odors and Smells Undoubtedly, cat urine is heinous to the senses. To test that statement, ask a neighbor who does not have pets to do a smell test. Do not use air fresheners. People susceptible to allergies will have a reaction. Try enzyme cleaners, such as Simple Solution or Nature’s Miracle or call a professional ozone company. If you can smell it, you can’t sell it! Remove Signs of a Pet You are required by Texas state law to disclose in the Seller’s Disclosure Notice that pets have lived in your home, but you don’t need to blatantly advertise that pets live at your house. Removing indications that you have a pet is simply smart practice. Why turn off a buyer before the buyer gets a fair chance to evaluate your home? It’s those first impressions that are most deeply held and last longest. • • • • • • • •

Do not put photos online showing your cat asleep on the bed  Seal up doggie doors  Put away food and water bowls when not in use  Vacuum religiously, every day, sometimes twice a day  Pick up pet toys and put them away  Pack up cat trees and other signs of cat paraphernalia  Remove photos of pets from refrigerator, walls and table tops  Pack up all cages, carriers and other tell-tale signs

Showing Your House Put your pets into a carrier and attach a note warning buyers not to disturb them. The last thing you need is somebody sticking their hand inside the carrier and getting bit or scratched. You can’t predict how your pet will react when locked away.

5 Demands to Make of Your Realtor The Realtor you choose to represent you will play an important role in the sale of your home. You want to choose one of the best Realtors in your marketplace. To do this, you must be able to distinguish between the ordinary Realtor and a superior one. Here are the top 5 demands to make of your Realtor when selling your home:

1. Tell The Truth About The Price Too many Realtors take any listing at any price. Devious Realtors try to buy the listing by promising an unrealistic price, and then trying to work you for a price reduction. Demand your Realtor demonstrate their defensible belief in their price. Make them show you their plan to sell your home at that price – TWICE! Every home in today’s market must be sold two times – first to the Buyer and then to the Lender. The second sale may be more challenging than the first. The appraisal process has become more stringent and complex. A recent survey showed that there was a challenge with the appraisal on 24% of all residential real estate transactions. It is increasingly more problematic to get Lenders to agree to the contract price. A red flag should be raised if your Realtor is not discussing this with you at the time of the listing.

2. Understand The Timetable With Which Your Family Is Dealing You will be moving your family to a new home and environment. Whether your move revolves around the start of the school year or a new job, you will be trying to coordinate many moving parts, each with its own timetable and deadline. This process can be emotionally draining. Share with your Realtor your anticipated timetable and ask whether your timeline is realistic. Your Realtor won’t know the exact date you’ll get an offer, but they should apply any influence they can to make it happen on your time schedule.

3. Remove As Many Of The Challenges As Possible. It’s imperative your Realtor knows how to handle the unexpected challenges and bumps along the road. A Realtor’s ability to negotiate in this market is critical if you expect to sell your home for top dollar. If your Realtor is a weak negotiatior on the parts of the listing agreement that are most important to them, (i.e. commission, term, etc.), don’t expect them to turn into a “super star” when they are negotiating with a potential buyer on your behalf. Ask yourself - if the agent is willing to give up their money so easily, how will they feel about giving up your money?

4. Help With Relocation If you have not yet picked your new home, make sure your Realtor is capable and willing to help you with finding your next home. The coordination of your move is crucial. You don’t want to be stranded without a place to live at closing. Likewise, you don’t want to end up with two mortgage payments. You should, in most circumstances, be able to close on the sale of your current home and seamlessly move into your new home.

5. Get The Home SOLD! In some form or fashion, you are moving forward with your life. The reason is important or you wouldn’t be dealing with the headaches and frustrations that come with selling. Do not allow your Realtor to lose sight of your reasons to sell. Remind them that selling your home is why you hired them. Make sure that they don’t worry about your feelings more than they worry about your family. If they discover something that needs to change in order to achieve your goal (e.g. price correction, repair, clean, de-clutter or de-odorize, etc.), insist they have the courage to speak up and inform you. Anyone can tell you what you want to hear. A genuine professional will tell you what you need to hear. Good Realtors know how to deliver good news. Superior Realtors know how to deliver tough news. In today’s market, you need a superior Realtor.

Things Can Happen... Selling a home involves many moving parts. There are procedures, policies, laws and timetables for virtually every piece of the transaction. Lenders, title companies, attorneys, inspectors and the Texas Real Estate Commission control how a real estate transaction is conducted. And, of course, we have the human factor: people can be inconsiderate, make mistakes or unfortunately just drop the ball. These things can happen and most likely they will. • The date on the contract will most likely change, it is a guesstimate and subject to many variables (attorneys and lenders timetable). • The property might not appraise for the agreed upon price • Buyer’s Agent will miss showing appointments and not call or show up • Appointments will be made and cancelled at the last minute (buyers are unpredictable) • Some showings will last about five minutes and some showings will last 3 hours • Buyers’ Agents are going to make appointments at the very LAST minute • Agents are going to knock on your door or even drive by, see you in the yard and ask if can they see you house (if this happens, call me) • The buyer will negotiate any number of issues – some crucial, others not so much - about this transaction. They will negotiate the purchase price, earnest money, down payment, inspections, appraisal, closing date, termination option, repairs and the final walk-through. • Some buyers will submit a low ball offer. Think of it as a starting point in the negotiation. Not all buyers lead with their best possible offer. If any of these things happen, we’ll do everything we can to ameliorate the situation.

Easy Exit Listing Agreement Hire Us In Confidence, Fire Us at Any Time. No Worry – No Risk! Eleven Oaks Realty confidently offers a cancellation guarantee through our “Easy-Exit,” no questions-asked Listing Agreement. Either you are completely happy with our services, or you can terminate the listing agreement at any time. There’s no gimmick here… It’s plain and simple, and most importantly, we put it in writing.

Education We help you understand the marketing and sales process, disclosure requirements, contract provisions and closing practices to avoid surprises. The following pages contain some of the most important documents in the transaction for your review. We will go over these documents in detail.

Contracts and Forms The following forms are required for use in a residential real estate transaction by the Texas Real Estate Commission.

Residential Listing concerning___________________________________________________________________________________

INFORMATION ABOUT BROKERAGE SERVICES as prescribed by SB 489

Before working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. I f you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner’s agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer’s agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS THE OWNER: The broker becomes the owner’s agent by entering into an agreement with the owner, usually through a written listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner’s agent anything the buyer would not want the owner to know because an owner’s agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer’s agent by entering into an agreement to represent the buyer, usually through a written buyer representation agreement. A buyer’s agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer’s agent anything the owner would not want the buyer to know because a buyer’s agent must disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker’s obligations as an intermediary. The broker is required to treat each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties’ consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If You Choose to Have a Broker Represent You, you should enter into a written agreement with the broker that clearly establishes the broker’s obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. If you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Seller(s)

Date

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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AUSTIN/CENTRAL TEXAS REALTY INFORMATION SERVICE (ACTRIS) RESIDENTIAL REAL ESTATE LISTING AGREEMENT MULTIPLE LISTING SERVICE (MLS)

EXCLUSIVE RIGHT TO SELL AGREEMENT

THIS FORM IS FURNISHED BY THE AUSTIN/CENTRAL TEXAS REALTY INFORMATION SERVICE FOR USE BY ITS PARTICIPANTS. USE OF THIS FORM BY PERSONS WHO ARE NOT PARTICIPANTS OF ACTRIS IS NOT AUTHORIZED.

PARTIES: The parties to this Listing Agreement are: Seller: Address: City, State, Zip: Phone:

Fax:

E-Mail: Broker: Broker’s Associate: Address: City, State, Zip: Phone:

Fax:

E-Mail: Seller appoints Broker as Seller’s sole and exclusive agent and grants to Broker the exclusive right to sell the Property. All notices shall be in writing and effective when hand-delivered, mailed, or sent by facsimile transmission to the above. 2.

PROPERTY: exclusions.

“Property” means the land, improvements, and accessories described below, except for any described

_____

, _________________________________________________________________ Land: Lot ______, Block Subdivision/Addition, Section _________________________, Phase _______________________City of _______________________________________ in _________________________________ County, Texas known as (property address / zip code), or as described on attached exhibit. If Property is a condominium, attach Condominium Addendum (TAR 1401).

Improvements: The real property, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property.

Accessories: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs.

Exclusions: The following improvements and accessories will be retained by Seller and removed prior to delivery of possession: _____________________________________________________________________________________ _______________________________________________________________________________________________

The land, improvements and accessories are collectively referred to as the “Property”. Initialed for Identification by Broker/Associate ________ and Seller ________, ________

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Residential Listing Concerning________________________________________________________________________________ E.

Owners’ Association: The property  is  is not subject to mandatory membership in an owners’ association. The name of the owners’ association is: __________________________________________________________________ _______________________________________________________________________________________________

LISTING PRICE: Seller instructs Broker to market the Property at the following Listing Price: $ . Seller agrees to sell the Property for the Listing Price or any other price acceptable to Seller. The sale of the Property may be sold or financed through any one or combination of the following terms (mark all that apply):  a Conventional loan;  an F.H.A. insured loan;  a V.A. guaranteed loan;  a down payment assistance program;  a loan financed by the Seller;  an assumption of an existing note;  a loan under the Texas Veteran’s Housing Assistance Program;  other: ;  cash; or through such other terms as Seller may accept. Seller will pay all typical closing costs charged to sellers of residential real estate in Texas in accordance with the terms as set out in Paragraph 12.A.(1) of the TREC promulgated contract or as otherwise agreed by Seller and a buyer. NOTICE: Broker does not guarantee that the Property will be appraised or sold for the Listing Price nor does Broker guarantee any net amount Seller might realize from the sale of the Property.

TERM: A.

This Listing begins on

and ends at 11:59 P.M. on _______________________.

If Seller enters into a binding written contract to sell the Property before the date this Listing begins and the contract is binding on the date this Listing begins, this Listing will not commence and will be void.

The parties’ agency relationship can be terminated at any time; however, the contractual provisions and obligations will survive and can only be modified or terminated by the mutual agreement of both parties.

BROKER’S FEE AND COMPENSATION OF OTHER BROKERS: A.

Fee: When earned and payable, Seller will pay Broker a fee of:



(1)

% of the sales price or $ _______________.

Broker will allow other Brokers to show the Property to prospective Buyers. Broker will offer to pay the other Broker a fee as described below if the other Broker procures a Buyer that purchases the Property. (a)

(b)

ACTRIS Participants: If the other Broker is a participant in the MLS in which this Listing is filed, Broker will offer to pay the other Broker as follows: 1.

if the other Broker represents the Buyer:

% of the sales price or $

; and

if the other Broker is a subagent:

% of the sales price or $

Non-ACTRIS Participants: If the other Broker is not a participant in the MLS in which this Listing is filed, Broker will offer to pay the other Broker as follows: 1.

if the other Broker represents the Buyer:

% of the sales price or $

; and

if the other Broker is a subagent:

% of the sales price or $



(2)

Other:

Earned: Broker’s fee is earned when any one of the following occurs during this Listing: (1)

Broker individually or in cooperation with another Broker procures a Buyer who enters into a contract with Seller to purchase the Property;

(2)

Broker individually or in cooperation with another Broker procures a Buyer ready, willing, and able to purchase the property at the Listing Price and on terms stated in Paragraph 3 or at any other price and on terms acceptable to Seller;

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Initialed for Identification by Broker/Associate __________ and Seller __________, __________ © 2014 Austin Board of REALTORS® Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026

www.zipLogix.com

Residential Listing concerning_________________________________________________________________________________

(3)

Seller sells, exchanges, agrees to sell, or agrees to exchange the Property to anyone at any price on any terms; or

(4)

Seller breaches this Listing Agreement.

Payable: Once earned, Broker’s fee is payable at the earlier of: (1)

the closing and funding of any sale or exchange of all or part of the Property;

(2)

Seller’s refusal to sell the Property after Broker’s Fee has been earned;

(3)

Seller’s breach of this Listing Agreement; or

(4)

at such time as otherwise set forth in this Listing Agreement.

Not Payable: Broker’s fee is not payable if a sale of the Property does not close or fund as a result of: (1)

Seller’s failure, without fault of Seller, to deliver to a Buyer a deed or a title policy as required by a contract for sale of the Property;

(2)

Loss of ownership due to foreclosure or other legal proceeding; or

(3)

Seller’s failure to restore the Property, as a result of a casualty loss, to its previous condition by the closing date set forth in a contract for sale of the Property.

Other Fees: (1)

Breach by Buyer Under a Contract: If Seller collects earnest money, the sales price, or damages by suit, compromise, settlement, or otherwise from a Buyer who breaches a contract for sale of the Property entered into during this Listing, Seller will pay Broker, after deducting attorney’s fees and collection expenses, an amount equal to the lesser of one-half of the amount collected after deductions or the amount of the Broker’s Fee stated in Paragraph 5A. Any amount paid under this Paragraph 5.E.(1) is in addition to any amount that Broker may be entitled to receive for subsequently selling the Property.

(2)

Service Providers: If Broker refers Seller or a prospective Buyer to a service provider (for example, mover, cable company, telecommunications provider, utility, or contractor) Broker may receive a fee from the service provider for the referral. Any referral fee Broker receives under this Paragraph 5.E.(2) is in addition to any other compensation Broker may receive under this Listing.

(3)

Transaction Fees or Reimbursable Expenses: ______________________________________________________ __________________________________________________________________________________________

Protection Period: (1)

“Protection period” means that time starting the day after this Listing ends and continuing for days. “Sell” means any transfer of any interest in the Property whether by oral or written agreement or option.

(2)

Not later than 10 days after this Listing ends, Broker may send Seller written notice specifying the names of persons whose attention was called to the Property by Broker during this Listing. If Seller agrees to sell the Property during the protection period to a person named in the notice or to a relative of a person named in the notice, Seller will pay Broker, upon the closing of the sale, the amount Broker would have been entitled to receive if this Listing were still in effect.

(3)

This Paragraph 5.F. survives termination of this Listing. This Paragraph 5.F. will not apply if: (a)

Seller agrees to sell the Property during the protection period; and

(b)

the Property is exclusively listed with another licensed Texas REALTOR® at the time the sale is negotiated; and

(c)

Seller is obligated to pay the other Broker a fee for the sale.

County: All amounts payable to Broker are to be paid in cash in

______________________________ County, Texas.

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Residential Listing concerning _________________________________________________________________________________ H.

Escrow Authorization: Seller authorizes, and Broker may so instruct, any escrow or closing agent authorized to close a transaction for the purchase or acquisition of the Property to collect and disburse to Broker all amounts payable to Broker under this Listing or as otherwise agreed.

LISTING SERVICES: Broker is a member of ACTRIS and ___________________________________________________ Board/Association of REALTORS® and is bound by its rules. ACTRIS is a multiple listing service (MLS). An MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS also describes the price, terms and conditions under which the Seller’s property is offered for sale including but not limited to the listing broker’s offer of compensation to other brokers. Listing property with an MLS exposes a seller’s property to all real estate agents and brokers who are participants or subscribers to the MLS, and potential buyer clients of those agents and brokers. The MLS may further transmit the MLS database, with the Broker’s authorization, to Internet sites that post property listings online, including national compilations of properties.



Broker will file this Listing with ACTRIS by the earlier of the time required by MLS rules or five (5) days after the date this Listing begins. Seller authorizes Broker to submit information about this Listing and the sale of the Property to the MLS. Notice: As the status of and/or information about the Property changes, Broker will report changes within twenty-four (24) hours to ACTRIS. Seller authorizes Broker, upon a final and closed sale of the Property to submit information about the sale, including price and terms, to the MLS for publications to subscribers for market evaluation or appraisal purposes and for disclosure of the sales price to bona fide customers and clients. Any information or data, including all information about a sale, shall become the property of the ABoR/ACTRIS for all purposes. NOTICE: Submission of information to ACTRIS ensures that persons who use and benefit from ACTRIS also contribute information. Owner's Name to be withheld from the ACTRIS system.



(Seller initials required to authorize.)

Seller instructs Broker not to file this Listing with one or more Multiple Listing Service (MLS) until ______days after the date this Listing Agreement begins for the following purpose(s):_________________________________________ ________________________________________________________________________________________________ ________________________________________________________________________________________________ Notice: MLS rules require Broker to accurately and timely submit all information the MLS requires for participation, including sold data. Subscribers to the MLS may use the information for market evaluation or appraisal purposes. Subscribers are other brokers and other real estate professionals such as appraisers. Any information filed with the MLS becomes the property of the MLS for all purposes. Submission of information to MLS ensures that persons who use and benefit from the MLS also contribute information.______(Sellers Initial Here)



Seller instructs Broker not to file listing with the Multiple Listing Service (MLS) or any other listing service. Seller acknowledges and understands that this marketing option offers less than full market exposure and: (a) real estate agents and brokers from other real estate offices, and their buyer clients, who have access to that MLS may not be aware that Seller’s Property is offered for sale; (b) Seller’s Property will not be included in the MLS’s download to various real estate Internet sites that are used by the public to search for property listings; and (c) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which Seller is marketing the Property. ______(Sellers Initial Here)

ACCESS TO THE PROPERTY: A.

Authorizing Access: Authorizing access to the Property means giving permission to another person to enter the Property, disclosing to the other person any security codes necessary to enter the Property, and lending a key to the other person to enter the Property, directly or through a keybox. To facilitate the showing and sale of the Property, Seller instructs Broker to: Page 4 of 12

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Residential Listing concerning______________________________________________________________________________ (1)

access the Property at reasonable times;

(2)

authorize other Brokers, their Associates, Inspectors, Appraisers, and Contractors to access the Property at reasonable times; and

(3)

duplicate keys to facilitate convenient and efficient showings of the Property.

Scheduling Companies: Broker may engage the following companies to schedule appointments and to authorize others to access the Property: _____________________________________________________________________________

Keybox: A keybox is a locked container placed on the Property that holds a key to the Property. A keybox makes it more convenient for Brokers, their Associates, Inspectors, Appraisers, and Contractors to show, inspect, or repair the Property. The keybox is opened by a special combination, key, or programmed device so that authorized persons may enter the Property, even in Seller’s absence. Using a keybox will probably increase the number of showings, but involves risks, i.e., unauthorized entry, theft, property damage, or personal injury. Neither the Austin Board of REALTORS® nor the MLS requires the use of a keybox. (1)

Broker  is  is not authorized to place a keybox on the Property.

(2)

If a tenant occupies the Property at any time during this Listing, Seller will furnish Broker a written statement, (e.g. TAR 1411), signed by all tenants, authorizing the use of a keybox or Broker may remove the keybox from the Property.

Photos: Broker  is  is not authorized to place interior photos of this property in the MLS System.

Internet: (1)

Broker  is  is not authorized to place listing on Broker’s and on ABoR approved websites, or other approved data-aggregator websites, including by not limited to AustinHomeSearch.com and REALTOR.com.

(2)

Seller should check one of the following:  (a) I choose to have information about my property be available for display on other brokers’ and/or agents’ Internet websites. - OR  (b) I choose not to have information about my property be available for display on other brokers’ and/or agents’ Internet websites. (If Seller chooses 2(b), E(1) must be “is not authorized”)

(3)

Property address  will  will not be available for display on Internet. will not be displayed.)

(If no box is marked, address

(4)

An automated valuation of the property listing or a link to an automated valuation of it  may  will not be displayed adjacent to the listing on VOWs.

(5)

Comments or reviews of the property by persons other than the displaying broker  may  will not be displayed with or attached as a link to the listing data of the property on VOWs.

AGENCY RELATIONSHIPS: A.

Seller acknowledges receipt of the attached exhibit entitled “Information About Brokerage Services”, which is incorporated in this Listing for all purposes.

Broker shall exclusively represent Seller in negotiations for the sale of the Property unless Seller authorizes Broker, as set forth below, to act as Intermediary in the event Broker also represents a Buyer who offers to purchase the Property (Choose either 8.B. (1) or 8.B. (2)).



(1)

Intermediary Relationship Authorized: Broker may show the Property to interested prospective Buyers who Broker represents. If a prospective Buyer who Broker represents offers to purchase the Property, Seller authorizes Broker to act as an Intermediary and Broker will notify Seller that Broker will service the parties in accordance with one of the following alternatives: Page 5 of 12

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Residential Listing concerning _________________________________________________________________________________ (a)

(b)

If a prospective Buyer who Broker represents is serviced by an Associate other than the Associate servicing the Seller under this Listing, Broker may notify Seller that Broker will: 1.

appoint the Associate then servicing Seller to communicate with, carry out instructions of, and provide opinions and advice during negotiations to Seller; and,

appoint the Associate then servicing the prospective Buyer to the prospective Buyer for the same purpose.

If a prospective Buyer who Broker represents is serviced by the same Associate who is servicing the Seller, Broker may notify Seller that Broker will: 1.

appoint another Associate to communicate with, carry out instructions of, and provide opinions and advice during negotiations to the prospective Buyer; and,

appoint the Associate then servicing the Seller under this Listing to the Seller for the same purpose.

(c) Broker may notify Seller that Broker will make no appointments as described under this Paragraph 8B(1) and, in such an event, the Associate servicing the parties will act solely as Broker’s Intermediary representative, who may facilitate the transaction but will not render opinions or advice during negotiations to either party. If Broker acts as an Intermediary between Seller and a Buyer, Broker:



10.

(a)

may not disclose to the Buyer that the Seller will accept a price less than the asking price (Listing Price) unless otherwise instructed in a separate writing by the Seller;

(b)

may not disclose to Seller that the Buyer will pay a price greater than the price submitted in a written offer to Seller unless otherwise instructed in a separate writing by the Buyer;

(c)

may not disclose any confidential information or any information Seller or a Buyer specifically instructs Broker in writing not to disclose unless otherwise instructed in a separate writing by the respective party, required to disclose the information by the Real Estate License Act or a court order, or the information materially relates to the condition of the Property;

(d)

shall treat all parties to the transaction honestly; and

(e)

shall comply with the Real Estate License Act.

(2)

Intermediary Relationship not Authorized: Broker shall exclusively represent Seller and may not act as an Intermediary between Seller and a Buyer. Seller understands (Broker choose (a) or (b)):



(a)

Broker exclusively represents Sellers of real property and does not represent Buyers; or



(b)

Broker represents both Buyers and Sellers of real property. However, Broker shall not show the Property to any Buyer who Broker represents.

CONFIDENTIAL INFORMATION: During this Listing or after it ends, Broker may not knowingly disclose information obtained in confidence from Seller except as authorized by Seller or required by law. Broker may not disclose to Seller any confidential information regarding any other person Broker represents or previously represented except as required by law. BROKER’S AUTHORITY: A.

Broker will use reasonable efforts and act diligently to market the Property for sale, procure a Buyer, and negotiate the sale of the Property.

In addition to other authority granted by this Listing, Broker: (1)

may advertise the Property by means and methods as Broker determines, including but not limited to creating and placing advertisements with interior and exterior photographic and audio-visual images of the Property and related information in any media and the Internet according to Paragraph 7.E.;

(2)

may place a “For Sale” sign on the Property and remove all other signs offering the Property for sale or lease; Page 6 of 12

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Residential Listing concerning ________________________________________________________________________________

C. 11.

(3)

may furnish comparative marketing and sales information about other properties to prospective Buyers;

(4)

may disseminate information about the Property to other Brokers and to prospective Buyers, including applicable disclosures or notices that Seller is required to make under law or a contract;

(5)

may obtain information from any holder of a note secured by a lien on the Property;

(6)

may accept and deposit earnest money in trust in accordance with a contract for the sale of the Property;

(7)

may accept option money and forward it to Seller in accordance with a contract for the sale of the Property;

(8)

must, according to ACTRIS Rules and Regulations, disclose the sold price and terms of closed sale to other ACTRIS Members;

(9)

may in response to inquiries from prospective Buyers and other Brokers, disclose whether the Seller is considering more than one offer, provided that Broker will not disclose the terms of any competing offer unless specifically instructed by Seller;

(10)

may advertise, during or after this Listing ends, that Broker “sold” the Property; and

(11)

may place information about this Listing, the Property, and a transaction for the Property on an electronic transaction platform (typically an Internet-based system where professionals related to the transaction such as title companies, lenders, and others may receive, view, and input information).

(12)

must report any status change (including Option Period) to ACTRIS within 24 hours of change according to ACTRIS Rules and Regulations.

Broker is not authorized to execute any document in the name of or on behalf of Seller concerning the Property.

SELLER’S REPRESENTATIONS, WARRANTIES, AND AGREEMENTS: A.

Except as provided below, Seller represents and warrants to Broker that: (1)

Seller has fee simple title to and peaceable possession of the Property and all its improvements and fixtures, unless rented, and has the legal capacity to convey the Property;

(2)

Seller is not now a party to a listing agreement with another broker for the sale, exchange, or lease of the Property;

(3)

any pool, spa and required enclosures, fences, gates, and latches comply with all applicable laws and ordinances;

(4)

no person or entity has any right to purchase, lease, or acquire the Property by virtue of an option, right of first refusal, or other agreement;

(5)

there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the Property;

(6)

the Property is not subject to the jurisdiction of any court;

(7)

the Name of any employer, relocation company, or other entity that provides benefits to Seller when selling the Property is: ___________________________________________________________________;

(8)

Seller learned of Broker’s firm by: ________________________________________________;

(9)

all written information relating to the Property provided to Broker by Seller is true and correct;

(10)

Exceptions:

Seller further agrees to: (1)

cooperate with Broker to facilitate the showing, marketing, and sale of the Property;

(2)

not rent or lease the Property during this Listing without Broker’s prior written approval;

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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Residential Listing concerning_________________________________________________________________________________

12.

(3)

not negotiate with any prospective buyer who may contact the Seller directly, but will refer all prospective buyers to Broker;

(4)

not enter into a listing agreement with another broker for the sale, exchange, or lease of the Property to become effective during the term of this Listing;

(5)

maintain any pool, spa and required enclosures, fences, gates, and latches in compliance with all applicable laws and ordinances;

(6)

provide Broker with copies of any leases or rental agreements pertaining to the Property and advise Broker of tenants moving in or out of the Property;

(7)

complete all disclosures and notices required by law or a contract to sell the Property; and

(8)

amend or update all applicable disclosures and notices if any material changes occur during this Listing.

LIMITATION OF LIABILITY: A.

Broker is not responsible or liable in any manner for personal injury to a person or for loss or damage to any person’s real or personal property resulting from any act or omission not caused by Broker’s gross negligence, including but not limited to injuries and damages caused by: (1)

other brokers, their associates, inspectors, appraisers, and contractors who are authorized to access the Property;

(2)

acts of third parties (e.g. vandalism, theft);

(3)

acts of nature (e.g. freezing water pipes);

(4)

a dangerous condition on the Property; and

(5)

Seller’s or the Property’s non-compliance with any law or ordinance.

Broker is not responsible for the security of the Property or for inspecting the Property on any periodic basis. If the Property is or becomes vacant during the Listing, Seller must notify Seller’s casualty insurance company and request a “vacancy clause” to cover the Property.

Seller agrees to protect, defend, indemnify, and hold harmless Broker, Broker’s associates, and the Board/Association/ACTRIS from any and all damages, costs, attorney’s fees, and expenses that: (1)

are caused by Seller, negligently or otherwise;

(2)

arise from Seller’s failure to disclose any material or relevant information about the Property; or

(3)

are caused by Seller giving incorrect information to any person.

13.

SPECIAL PROVISIONS:

14.

DEFAULT: If Seller breaches this Listing, Seller is in default and will be liable to Broker for the amount of the Broker’s fee specified in Paragraph 5A and any other fees Broker is entitled to receive under this Listing. If a sales price is not determinable in the event of an exchange or breach of this Listing, the Listing Price will be the sales price for purposes of computing Broker’s fee. If Broker breaches this Listing, Broker is in default and Seller may exercise any remedy at law.

15.

MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this Listing that may arise between the parties. If the dispute cannot be resolved by negotiation, the dispute will be submitted to mediation. The parties to the dispute will choose a mutually acceptable mediator and will share the cost of mediation equally.

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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Residential Listing concerning_________________________________________________________________________________ 16.

ATTORNEY’S FEES: If Seller or Broker is a prevailing party in any legal proceeding brought as a result of a dispute under this Listing or any transaction related to or contemplated by this Listing, such party shall recover from the non-prevailing party all costs of such proceeding and reasonable attorney’s fees.

17.

SELLER’S DISCLOSURE NOTICE: §5.008 of the Texas Property Code requires a seller of residential real property of not more than one dwelling unit to deliver a Seller’s Disclosure Notice to a buyer on or before the effective date of a contract for the sale of the Property unless otherwise exempt by statute. (Mark either A. or B.)



Seller represents that the attached Seller’s Disclosure Notice was completed by Seller, to the best of Seller’s knowledge and belief, and discloses all known material defects and material facts affecting the Property. In addition, Seller agrees to provide Broker with any reports, notices, or other information known or obtained by Seller regarding individual repairs to the Property costing over $500, tests, treatments, insurance claims, and warranty claims affecting the Property. Seller further agrees to update or amend this Seller’s Disclosure Notice as may be necessary to provide current information about the Property, to correct previous mistakes or incorrect information, or to otherwise comply with applicable Texas law. Seller authorizes Broker to furnish prospective buyers and other brokers with copies of the Seller’s Disclosure Notice.



18.

ADDENDA AND OTHER DOCUMENTS: The Information About Brokerage Services (TREC Form OP-K) as discussed in Paragraph 8.A. is attached and incorporated into this Listing by reference. Other addenda and documents that Seller may need to provide are (mark all applicable boxes):

19.

Seller represents to Broker that the sale of the Property qualifies for an exemption from §5.008 of the Texas Property Code and does not require a Seller’s Disclosure Notice. Seller is advised to consult an attorney regarding the application of §5.008 to the Property and should not rely on any statement from Broker.



Seller’s Disclosure Notice (§5.008 Texas Property Code);



Condominium Addendum to Listing (TAR 1401);



Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (required if Property was built before 1978) (TAR 1906);



Addendum for Property Located in a Certificated Service Area of a Utility Service Provider (TAR 1927);



Request for Information from an Owners’ Association (TAR 1405);



Request for Mortgage Information (TAR 1413);



Information about On-Site Sewer Facility (TAR 1407);



Information about Special Flood Hazard Areas (TAR 1414);



Keybox Authorization by Tenant (TAR 1411);



Seller’s Authorization to Release and Advertise Certain Information (TAR 1412);



Disclosures or addenda required by a relocation company or Seller’s employer;



Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum (TAR 1917);



Energy Conservation Audit (if Applicable); and



Other:

AGREEMENT OF PARTIES: A.

Entire Agreement: This Listing is the entire agreement of the parties and may not be changed except by written agreement.

Assignability: Neither party may assign this Listing without the written consent of the other party.

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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Residential Listing concerning_________________________________________________________________________________ C.

20.

Binding Effect: Seller’s obligation to pay Broker an earned fee is binding upon Seller and Seller’s heirs, administrators, executors, successors, and permitted assignees. Joint and Several: All Sellers executing this Listing are jointly and severally liable for the performance of all its terms.

Governing Law: Texas law governs the interpretation, validity, performance, and enforcement of this Listing.

Severability: If a court finds any clause in this Listing invalid or unenforceable, the remainder of this Listing will not be affected and all other provisions of this Listing will remain valid and enforceable.

Notices: Notices between the parties must be in writing and are effective when sent to the receiving party’s address, fax, or e-mail address specified in Paragraph 1.

ADDITIONAL NOTICES: A.

Broker’s fees or the sharing of fees between Brokers are not fixed, controlled, recommended, suggested, or maintained by the Austin Board of REALTORS®, MLS, or any listing service.

Fair housing laws require the Property to be shown and made available to all persons without regard to race, color, religion, national origin, sex, disability, or familial status. Local ordinances may provide for additional protected classes, i.e., creed, status as a student, marital status, sexual orientation, or age.

Seller may review the information Broker submits to an MLS or other listing service.

Broker advises Seller to remove or secure jewelry, prescription drugs, and other valuables.

Statutes or ordinances may regulate certain items on the Property, i.e., swimming pools and septic systems. Non-compliance with the statutes or ordinances may delay a transaction and may result in fines, penalties, and liability to Seller.

Broker shall not be obligated to continue to market the Property after Seller has entered into a binding contract to sell the Property. If a subsequent or back-up offer for the sale of the Property is submitted to Broker after Seller has entered into a binding contract to sell the Property, Broker  shall  shall not submit the subsequent or back-up offer to Seller. If Broker is to submit subsequent or back-up offers and if the contract form used does not specifically provide such rights, the Seller shall specifically state in such contract that “Seller may continue to show the Property for sale and receive, negotiate, and accept back-up offers unless expressly prohibited in writing by the parties to the contract.”

If the Property was built before 1978, Federal law requires the Seller to: (1)

provide the Buyer with the federally approved pamphlet on lead poisoning prevention;

(2)

disclose the presence of any known lead-based paint or lead-based paint hazards in the Property;

(3)

deliver all records and reports to the Buyer related to such paint or hazards; and

(4)

provide the Buyer a period up to 10 days to have the Property inspected for such paint or hazards.

Residential Service Contracts are available from Residential Service Companies licensed under Article 6573b, Texas Civil Statutes. A Residential Service Contract is an agreement whereby the Residential Service Company may, under the terms of the agreement, repair or replace all or any part of the appliance, or electrical, plumbing, heating, cooling, or other systems. Any Residential Service Contract that is purchased in connection with this transaction should be reviewed for the scope of coverage, exclusions, and limitations. The purchase of a Residential Service Contract is optional.

The Internal Revenue Service (IRS) requires a Closing Agent to report the gross sales price, seller’s tax identification number, and other required information to the IRS. Seller shall provide to any Closing Agent such information at time of closing. IRS requires a Buyer of real property to withhold a percentage of the sales price from the Seller if the Seller is a foreign person. A foreign person includes nonresident aliens, foreign corporations, foreign partnerships, foreign trusts, or foreign estates. In most sales the Seller will be required to deliver an affidavit that Seller is not a foreign person. Seller certifies that Seller  is  is not a foreign person.

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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Residential Listing concerning_______________________________________________________________________________ J.

Broker cannot give legal advice. READ THIS LISTING CAREFULLY. If you do not understand the effect of this Listing, consult an attorney, BEFORE signing.

Broker’s Printed Name

By:

License No.

Broker’s Associate’s Signature

Date

Seller

Date

Seller

Date

Initialed for Identification by Broker/Associate __________ and Seller __________, __________

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AUSTIN/CENTRAL TEXAS REALTY INFORMATION SERVICE (ACTRIS) SELLER’S DISCLOSURE NOTICE

THIS FORM IS FURNISHED BY THE AUSTIN/CENTRAL TEXAS REALTY INFORMATION SERVICE FOR USE BY ITS PARTICIPANTS AND REPRESENTED SELLERS.

NOTE: EFFECTIVE JANUARY 1, 1994, SECTION 5.008 OF THE TEXAS PROPERTY CODE REQUIRES A SELLER OF RESIDENTIAL REAL PROPERTY OF NOT MORE THAN ONE DWELLING UNIT TO DELIVER A COPY OF THE SELLER’S DISCLOSURE NOTICE, COMPLETE TO THE BEST OF THE SELLER’S BELIEF AND KNOWLEDGE, TO A PURCHASER ON OR BEFORE THE EFFECTIVE DATE OF A CONTRACT FOR THE SALE OF THE PROPERTY. IF A CONTRACT IS ENTERED INTO WITHOUT THE SELLER PROVIDING THE NOTICE, THE BUYER MAY TERMINATE THE CONTRACT FOR ANY REASON WITHIN SEVEN (7) DAYS AFTER RECEIVING THE NOTICE. IF INFORMATION REQUIRED BY THE NOTICE IS UNKNOWN TO THE SELLER, THE SELLER MAY INDICATE THAT FACT ON THE NOTICE AND THEREBY COMPLY WITH THE REQUIREMENTS OF SECTION 5.008 OF THE TEXAS PROPERTY CODE. This form complies with and contains additional disclosures which exceed the minimum required by the Code.

CONCERNING THE PROPERTY AT (Street Address and City) THIS NOTICE IS A DISCLOSURE OF SELLER’S KNOWLEDGE OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS NOT A WARRANTY OF ANY KIND BY SELLER, SELLER’S AGENTS, OR ANY OTHER AGENT.

Seller  is  is not occupying the Property. If unoccupied, how long since Seller has occupied the Property? Seller  is  is not knowledgeable of the current condition of the Property. The Property  is  is not currently leased and  has  has not been leased in the last two (2) years. If leased, how long? During the last year the Property  has  has not been vacant. If yes, how long was the Property vacant? 1.

FEATURES AND EQUIPMENT (Mark all appropriate items that EXIST and their WORKING CONDITION):

NOTE: This notice does not establish which items will or will not be conveyed. The terms of the Contract will determine which items will and will not be conveyed. Y = Yes, N = No, U = Unknown Exists Item Working Condition Additional Information Bathroom Heater Y N U # [E] [G] Cable TV Wiring Y N U Carport Y N U # of Spaces Attached [Y] [N] Carbon Monoxide Detector Y N U # Central Air Conditioning Y N U # [E] [G] Central Heating Y N U # [E] [G] [HP] Central Vacuum Y N U Chimney Y N U Cook Top/Stove Y N U [E] [G] # of Burners Other: Deck Y N U Wood [ ] Other [ ] Dishwasher Y N U Disposal Y N U Dryer Y N U [E] [G] [110V] [220V] Dryer Hookups Y N U [110V] [220V] [G] Emergency Escape Ladder(s) Y N U Evaporative Cooler Y N U # Fans Y N U Ceiling # Attic # Exhaust # Whole House # Features and Equipment Continues Next Page Initialed for Identification by Seller _______, _______ and Buyer _______, _______ © 2014 Austin Board of REALTORS®

Page 1 of 8

Seller’s Disclosure Notice Concerning Property At: _____________________________________________ Exists

Item Fencing Fire Alarm/Detector Fireplace Fireplace Logs French Drain Garage Garage Door Opener Garage Remote Control(s) Gas Lighting Fixtures Gas Lines Gazebo Grinder Pump Ice Machine Intercom System Lawn Sprinkler System Liquid Propane Gas

Working Condition Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U Y N U

Microwave Mock Fireplace Outdoor Grill Oven Patio Plumbing System Pool Pool Accessories Pool Heater Pool Maintenance Equip. Portable Storage Buildings Public Sewer System Rain Gutters Range Refrigerator Roof Attic Vents Satellite Dish System Sauna Security System Septic System/Tank Smoke Detector(s) Spa/Hot Tub Spa Heater Space Heater Speakers Specialty Wiring Sump Pump Trash Compactor TV Antenna Wall/Window A/C Washer Washer Hookups Water Heater Water Softener Window Screens Other: Other:

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N

U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U

Full [ ] # # #

Additional Information Partial [ ] Type:

Attached: [Y] [N] # # # [NAT] [LP]

# Spaces

Full [ ] Partial [ ] Automatic [ ] Manual [ ] LP Community (Captive) [ ] LP on Property [ ] With Chimney [ ] Without Chimney [ ] [NAT] [LP] [E] [E] [G] Covered [ ] Uncovered [ ] Inground [ ]

Above Ground [ ]

Other [ ]

# Full [ ] Partial [ ] [E] [G] # Owned [ ] Leased [ ] # Owned [ ] Leased [ ] Mo. Lease $ Date Last Pumped: # Hearing Impaired [Y] [N] # # [E] [G] [Solar] # [E] [G] Audio [ ] Data [ ] Speakers [ ] Visual [ ] # # # #

# [E] [G] [Solar] Owned [ ] Leased [ ] Mo. Lease/Service Chg $ # Type:

Page 2 of 8

Seller’s Disclosure Notice Concerning Property At: _____________________________________________

Explain all No [N] or Unknown [U] answers. Attach additional sheets as necessary._________________________________

The seller excludes the following items from the sale:__________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________

UTILITY PROVIDERS and HOMEOWNERS’ ASSOCIATION (Fill in names of Suppliers with Telephone Numbers):

WATER Supply: __________________Ph:___________________  City  Well  Private  MUD  WCID  Co-Op  Other ___________________

GAS Supply: ____________________Ph:________________  Utility  Tank  Bottle  Co-Op Tank/Bottle Mo. Lease $ _______________________

WASTEWATER: __________________Ph:__________________  City  Co-Op  MUD  Other  Septic

HOA/CONDO ASSOC: _____________________________  Mandatory  Voluntary Association Fee $ ____________per______________ HOA’s Administrative Transfer Fee of $___________

ELECTRICITY: ___________________Ph:___________________ CABLE TV: ______________________Ph:___________________ SOLID WASTE PROVIDER: ________Ph:___________________ 3.

(Fee(s) above shall include all costs of transfer of ownership)

Manager’s Name: ____________________________ Manager’s Telephone: _________________________

PROPERTY DEFECTS/MALFUNCTIONS: Are you (Seller) aware of any known defects/malfunctions in any of the following? Mark Yes [Y] if you are aware and mark No [N] if you are not aware.

Exists

Item Basement Ceilings Driveway(s) Electrical System(s) Exterior Doors Exterior Walls Floors Foundation: Slab [ ] Pier & Beam [ ] Interior Doors Interior Walls Lighting Fixtures Outbuildings Plumbing

Defect/ Malfunction Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N Y N

Exists

Item Potable Drinking Water Retaining Wall(s) Roof Overlay Shingles: [Y] [N] Roof Approximate Age: Yrs Roof Type: Septic System: Type: Sidewalks Stucco Conventional [ ] Synthetic [ ] Type: Underground Electrical Lines Wastewater System Windows

Defect/ Malfunction Y N Y N Y N

Y Y Y

N N N

Y Y Y

N N N

If the answer to any of the above in #3 is Yes [Y], explain. Attach additional sheets as necessary.

Describe any other Property Defects/Malfunctions:

Page 3 of 8

Seller’s Disclosure Notice Concerning Property At: _____________________________________________ 4.

CURRENT CONDITIONS OF THE PROPERTY: Are you (SELLER) aware of any of the following? Mark Yes [Y] if you are aware, mark No [N] if you are not aware.

Active Termites Wood-Destroying Insects Termite or Wood Rot Needing Repair Termite Damage Termite Treatment Water Penetration of Structure Structural or Roof Repair Asbestos Components Urea Formaldehyde Insulation Radon Gas Lead-Based Paint Aluminum Wiring Foundation Repair Flooding of Land Improper Drainage or Ponding Located in 100-Year Flood Plain Present Flood Insurance Coverage

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y*

N N N N N N N N N N N N N N N N N

Fault Lines Landfill Subsurface Structure(s) Pit(s) Underground Spring(s) Intermittent/Weather Spring(s) Underground Storage Tank(s) Endangered Species/Habitat on Property Hazardous or Toxic Waste Diseased Trees Fence Lines Not Corresponding to Property Boundaries Wetlands on Property Unplatted Easement(s) Underground Electrical Line(s) Dampness in Crawl Spaces Water Heater Leak(s) HVAC System Leak(s) – Overflow Pan or Other Defect

Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

N N N N N N N N N N N N N N N N N

Single Blockable Main Drain in Pool/Hot Tub/Spa* Other Conditions

Y Y

N N

*Attach TAR Form 1414 if answer is Yes

Settling or Soil Movement

If the answer to any of the above is Yes [Y], explain. Attach additional sheets * A single blockable main drain may cause a suction entrapment hazard for an individual. 5.

PREVIOUS CONDITIONS OF THE PROPERTY: Are you (SELLER) aware of the following previously defective conditions? Mark Yes [Y] if you are aware, mark No [N] if you are not aware. Previous Flooding into the Structure Previous Flooding onto the Property Previous Fires Previous Foundation Repairs Previous Roof Repairs Previous Treatment for Termites or Wood-Destroying Insects Previous Termite or Wood-Destroying Insect Damage Repaired Previous Use of Premises for Manufacture of Methamphetamine

Y Y Y Y Y Y Y Y

N N N N N N N N

Other Conditions: ______________________________________________________________________________________ If the answer to any of the above is Yes [Y], explain. Attach additional sheets as necessary.

SYSTEMS IN NEED OF REPAIR:

Are you (SELLER) aware of any item, equipment, or system in or on the Property that is in need of repair, which has not been previously disclosed in this Notice? YES  NO  If Yes, explain. Attach additional sheets as necessary.

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Seller’s Disclosure Notice Concerning Property At: _____________________________________________ 7.

MISCELLANEOUS CONDITIONS: Are you (SELLER) aware of any of the following? Mark Yes [Y] if you are aware, mark No [N] in you are not aware.

[Y] [N] Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building code in effect at the time of construction? [Y] [N] Any “common area” facilities, i.e., pools, tennis courts, walkways, or other areas, co-owned in undivided interest with others? [Y] [N] Are there any optional charges or user fees for “common area” facilities? If yes, describe:_______________________________________________________________________. [Y] [N] Any notices of violations of deed restrictions or governmental ordinances, zoning, use, or impervious cover limitations affecting the condition or use of the Property? [Y] [N] Any lawsuits or other legal proceedings directly affecting the Property or Seller’s ability to convey property, e.g., bankruptcy, probate, guardianship, etc.? [Y] [N] Any condition of the Property which materially affects the physical health or safety of an individual? [Y] [N] Features of the Property shared in common with adjoining landowners, e.g., walls, fences, and driveways, whose use of responsibility for maintenance may have an effect on the Property? [Y] [N] Any encroachments of improvements on the subject Property onto another property or of improvements on another property onto the subject Property, easements, (recorded or unrecorded), or similar matters that may affect your interest in the Property? [Y] [N] Landfill – compacted or otherwise – on the Property or any portion thereof?

[Y] [N] Any settling from any cause or slippage, sliding or other soil problems? [Y] [N] Damage to the Property or any of the structures from fire, earthquake, floods or landslides? [Y] [N] Any future highway, freeway, or air traffic patterns which affects the Property? [Y] [N] Any future annexation plans which affect the Property? [Y] [N] Within the previous 12 months, has there been an equity loan on the Property?

If Yes, date _____/_____/_____ [Y] [N] Any pending flood plain changes known? [Y] [N] Any ordinances that restrict flood coverage or rebuilding any portion of the structure to its previous use? [Y] [N] Previous FEMA claim paid? [Y] [N] Death on the Property other than death caused by: natural causes, suicide, or accident unrelated to the Property’s condition? [Y] [N] Was the dwelling built before 1978? Unknown [ ] [Y] [N] Any repairs or treatment, other than routine maintenance, made to the Property to eliminate environmental hazards such as asbestos, radon, lead-based paint, urea formaldehyde, or mold? [Y] [N] Any historic preservation restriction or ordinance or archeological designation associated with the Property? [Y] [N] Any IRS or tax redemption periods which will affect the sale of the Property? [Y] [N] Any rainwater harvesting system connected to the property’s public water supply? [Y] [N]

Any portion of the property in a groundwater conservation district as defined by Texas Water Code, Chapter 36? Please see tceq.texas.gov. Go to Water. Click on Groundwater Planning and Assessment, then Groundwater Conservation Districts and look for the Map of Texas GCDs.

Page 5 of 8

Seller’s Disclosure Notice Concerning Property At: _____________________________________________

[Y] [N] Any other item(s) of concern? ____________________________________________________________ If the answer to any of the above is Yes [Y], explain. Attach additional sheets as necessary.___________________ 8.

AD VALOREM TAXES: Check any Tax Exemption(s) which you (SELLER) currently claim for the Property:  Homestead  Over 65  Disabled  Disabled Veteran  Wildlife Management  Agricultural  Unknown  None  Other ___________________________________________ Have you or a third party on your behalf ever supplied information regarding property defects or condition at the Appraisal District?  Yes  No Have you ever testified or had an agent testify on your behalf in a valuation hearing at an Appraisal District Value Protest Hearing?  Yes  No If so, which Appraisal District? ________________________________ Is property located in a Statutory Tax District?  Yes  No

INSPECTIONS AND DISCLOSURES: Have you (SELLER) received any written inspection reports from persons who regularly provide inspections and who are either licensed as inspectors or engineers or otherwise permitted by law to perform inspections in the past four (4) years?  Yes  No Chapter 6-7 of the Austin City Code requires an energy audit be completed for certain properties before the time of sale. Has an energy audit been completed on the Property within the last 10 years?  Yes  No  N/A If Yes to either of these questions, list the information below and attach copies of the reports: Date of Inspection

Name of Document

Is a previous Seller’s Disclosure available?  Yes

Author of Report

 No

Number of Pages

If so, please attach.

Is a current Survey available?  Yes  No If so, please attach. Date of Current Survey: ____/____/___ If yes, attach survey with notarized T-47 Affidavit. SMOKE DETECTORS: Does the property have working smoke detectors installed in accordance with the smoke detector requirements of Chapter 766 of the Health and Safety Code?*  Yes  No  Unknown If no or unknown, explain. Attach additional sheets if necessary):________________________________________________________________

_____________________________________________________________________________________________ *Chapter 766 of the Health and Safety Code requires one-family or two-family dwellings to have working smoke detectors installed in accordance with the requirements of the building code in effect in the area in which the dwelling is located, including performance, location, and power source requirements. If you do not know the building code requirements in effect in your area, you may check “unknown” above or contact your local building official for more information. A buyer may require a seller to install smoke detectors for the hearing-impaired if: (1) the buyer or a member of the buyer’s family who will reside in the dwelling is hearing-impaired; (2) the buyer gives the seller written evidence of the hearing impairment from a licensed physician; and (3) within 10 days after the effective date, the buyer makes a written request for the seller to install smoke detectors for the hearing-impaired and specifies the locations for installation. The parties may agree who will bear the cost of installing the smoke detectors and which brand of smoke detectors to install. Initialed for Identification by Seller _______, _______ and Buyer _______, _______ © 2014 Austin Board of REALTORS®

Page 6 of 8

Seller’s Disclosure Notice Concerning Property At: _____________________________________________

11.

MAJOR REPAIRS OR IMPROVEMENTS MADE: Have you (SELLER) made, or had made, major repairs or improvements (costing $500 or more) to the Property during the time you have owned the Property?  Yes  No Are you (SELLER) aware of major repairs or improvements made by previous owners?  Yes  No If Yes to either, please explain. (Attach additional sheet(s) as necessary.)________________________________________

12.

13.

INSURANCE CLAIMS: In the last 5 years have you (SELLER) filed an insurance claim related to this property?  Yes If there was a monetary settlement, were the funds used to make the repair?  Yes  No

 No

GOVERNMENT OR OTHER PENDING OR RECEIVED NOTICES: SELLER has not received any notices, either oral or written, regarding the need for repair or replacement or any portion of the Property from any governmental agency, appraiser, inspector, mortgage lender, repair service or others, except:

SELLER has not received any notices from any governmental agency or private company of pending condemnation or any portion of the Property, except:_______________________________________________

14.

ADDITIONAL DISCLOSURE FORMS ATTACHED:  Yes  No  Addendum for Seller’s Disclosure of Information on Lead-Based Paint (TAR 1906)  Environmental Assessment, Threatened or Endangered Species, and Wetlands Addendum (TAR 1917)  Energy Audit  Information About On-Site Sewer Facility (TAR 1407)  §49.452 Notice to Purchase (TREC OP-C)  Yes  No  Information About Special Flood Hazard Areas (TAR 1414)  Relocation Addendum (TAR 1941)  Other _____________________________________________________________________________________________

THE ABOVE DISCLOSURES ARE TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE SELLER(S). SELLER acknowledges that the statements in this Disclosure are true to the best of the Seller’s belief and that no person, including the Broker(s) and their Agent(s) has instructed or influenced Seller to provide inaccurate information or to omit any material information. Seller’s Signature

Seller’s Signature

Printed Name

Date

_______

Seller’s Disclosure Notice Concerning Property At: _____________________________________________

THE UNDERSIGNED BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS STATEMENT. NOTICES TO BUYER: LISTING BROKER,

, AND OTHER BROKER,

, ADVISE YOU THAT SELLER’S DISCLOSURE NOTICE WAS COMPLETED BY SELLER, AS OF THE DATE SIGNED.

THE

THE LISTING BROKER AND THE OTHER BROKER HAVE RELIED ON THIS NOTICE AS TRUE AND CORRECT AND HAVE NO REASON TO BELIEVE IT TO BE FALSE OR INACCURATE. THE TEXAS DEPARTMENT OF PUBLIC SAFETY MAINTAINS A DATABASE THAT CONSUMERS MAY SEARCH, AT NO COST, TO DETERMINE IF REGISTERED SEX OFFENDERS ARE LOCATED IN CERTAIN ZIP CODE AREAS. TO SEARCH THE DATABASE, VISIT WWW.TXDPS.STATE.TX.US. FOR INFORMATION CONCERNING PAST CRIMINAL ACTIVITY IN CERTAIN AREAS OR NEIGHBORHOODS, CONTACT THE LOCAL POLICE DEPARTMENT. IF THE PROPERTY IS LOCATED IN A COASTAL AREA THAT IS SEWARD OF THE GULF INTRACOASTAL WATERWAY OR WITHIN 1,000 FEET OF THE MEAN HIGH TIDE BORDERING THE GULF OF MEXICO, THE PROPERTY MAY BE SUBJECT TO THE OPEN BEACHES ACT OR THE DUNE PROTECTION ACT (CHAPTER 61 OR 63, NATURAL RESOURCES CODE, RESPECTIVELY) AND A BEACHFRONT CONSTRUCTION CERTIFICATE OR DUNE PROTECTION PERMIT MAY BE REQUIRED FOR REPAIRS OR IMPROVEMENTS. CONTACT THE LOCAL GOVERNMENT WITH ORDINANCE AUTHORITY OVER CONSTRUCTION ADJACENT TO PUBLIC BEACHES FOR MORE INFORMATION. YOU ARE STRONGLY ADVISED TO HAVE AN INSPECTOR OF YOUR CHOICE INSPECT THE PROPERTY PRIOR TO CLOSING. ALL INSPECTION REPORTS FURNISHED BY THE SELLER ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR AN INSPECTION PERFORMED BY AN INSPECTOR OF BUYER’S CHOICE. BUYER ACKNOWLEDGES THAT THEY HAVE BEEN STRONGLY ADVISED TO HAVE THE PROPERTY INSPECTED BY THEIR OWN INDEPENDENT INSPECTOR(S). THE DISCLOSURE NOTICE CONTAINS NO ESTIMATE OF THE NUMBER OF SQUARE FEET OF SPACE WITHIN THE RESIDENCE AND BROKERS MAKE NO REPRESENTATIONS REGARDING SUCH AREA. IF SQUARE FOOTAGE IS IMPORTANT TO BUYER, BUYER SHOULD HAVE IT MEASURED BY A PROFESSIONAL. THE UNDERSIGNED BUYER ACKNOWLEDGES RECEIPT OF THE FOREGOING NOTICE Buyer’s Signature

Buyer’s Signature

Date

ACT MLS

ML # (System Assigned)

AUSTIN-CENTRAL TEXAS MLS RESIDENTIAL PROPERTY PROFILE SHEET Instructions * Denotes fields auto populated from Tax Records where available

_______________

® Denotes required information.

RES

Apr-15

LISTING INFORMATION TYPE (1 Req'd if F/REO = Y) o Bank o Private o FHA/HUD o See Agent o Mortgage Co o VA

® LIST AGREEMENT TYPE o Exclusive Agency o Exclusive Right to Sell o Exclusive Right w/ Exception

® FORECLOSURE/REO

® LIST AGREEMENT DOCUMENT (1 Req'd) o ACTRIS o Other o TAR

® SALES RESTRICTIONS (1 Req'd) o Court Approval Required o N/A o Estate o Probate o Pre-foreclosure o REO

AUCTION Y/N

Y/N

AUCTION DATE (Req'd if Auction = Y) _____/_____/_____

1st RIGHT REFUSAL? _______ Y/N Refusal Hours (Req'd if Y)

® LIST PRICE ___________

o See Agent o Short Sale Approved o Short Sale Potential

® LIST DATE

® EXPIRATION DATE

_____/_____/_____

LOCATION INFORMATION ® STREET NUMBER* ® STREET NAME* __________ _______________________________________ OUT OF AREA CITY (Req'd if City=Other) ______________________

® CITY* ______________________

® SUBDIVISION* ____________________________________

o 10N o 10S o 11 o BA o BL

® SCHOOL DISTRICT * (1 Req'd) o Academy o Copperas Cove o Austin o Coupland o Bartlett o Cuero o Bastrop o Del Valle o Belton o Dime Box o Blanco o Doss o Dripping Springs o Borne o Bruceville-Eddy o Eanes o Buckholts o Elgin o Burnet o Evant o Cameron o Fayetteville o Cherokee o Flatonia o Comal o Florence

o BT o BU o BW o CC o CLN

® PARCEL ID * (PID) _____________________________________________

® LEGAL* ____________________

o CLS o CM o DT o EL o FC

o Fredericksburg o Gatesville o Gause o Georgetown o Giddings o Gonzales o Granger o Harper o Hays o Holland o Hutto o Jarrell o Johnson City

o GP o GTE o GTW o GU o GZ

o HD o HH o HS o HU o HW

o Killeen o La Grange o La Vernia o Lago Vista o Lake Travis o Lampasas o Leander o Lexington o Liberty Hill o Llano o Lockhart o Lometa o Luling

o JA o KL o LC o LH o LL

COUNTRY (if outside US) ___________________

® ZIP CODE* _________

® COUNTY * (1 Req'd; if Other selected, Out of Area fields will be required) o Bastrop o Caldwell o Gonzales o Lampasas o Travis o Bell o Comal o Guadalupe o Llano o Williamson o Blanco o Fayette o Hays o Milam o Other o Burnet o Gillespie o Lee o San Saba ® AREA * (1 Req'd) o 1A o3 o6 o 1B o 3E o7 o 1N o4 o 8E o2 o5 o 8W o 2N o 5E o9

STATE (if outside of TX) ______

UNIT * #__________

o LN o LP o LS o LW o MA

o Manor o Marble Falls o Marion o Mason o Mc Dade o Milano o Moody o Moulton o Navarro o New Braunfels o Nixon -Smiley o Other o Pflugerville

OUT OF AREA COUNTY

(Req'd if County = Other)

______________________________

o MC o MT oN o NE o NW

o OT o PF o RA o RN o RRE

o RRW o SC o SE o SH o SS

o SV oW o SWE o WE o SWW o WW o TCT o UT

o Prairie Lea o Sequin o Richland Springs o Smithville o Rockdale o Star o Rogers o Taylor o Rosebud-Lott o Temple o Round Rock o Thorndale o Round Top-Carmine o Thrall o Salado o Troy o San Marcos o Waelder o San Saba o Weimer o Schulenburg o Wimberley o Shiner o Yoakum o Schertz-Cibolo-Universal City

OUT OF AREA SCHOOL DISTRICT (Req'd if School District = Other) __________________________________ ® ELEMENTARY A ______________________________

® ELEMENTARY B ______________________________

® MIDDLE/INTERMEDIATE SCHOOL ______________________________

® JUNIOR HIGH SCHOOL ______________________________

® 9 GR/HIGH SCHOOL ______________________________

® SENIOR HIGH ______________________________

® MAPSCO* _____ ___ (Page) (Grid)

® FEMA 100 YR FLOOD PLAIN o No o See Agent o Partial o Unknown

(1 Req'd) o Yes

® ETJ (1 Req'd) o No o Yes o See Agent

GENERAL INFORMATION ® PROPERTY TYPE (1 Req'd) o Attached 1/2 Duplex o House o Condo o Manufactured

o Mobile Home o Modular

UNIT STYLE (1 Req'd if Prop Type = Condo Attached or Town home; Choose Up To 5) o 1st Floor Entry o Elevator o High Rise (10+ Stories) o Middle Unit o 2nd Floor Entry o End Unit o Loft o Multi-level Floor Plan o 3rd + Floor Entry o Entry Steps o Mid Rise (3-9 Stories) o Neighbor Above ® STORIES (1 Req'd) o1 o3 o2 o Multi-level

® MAIN LEVEL BEDS #________

® FULL BATH #________

® LIVING #________

® MASTER ON MAIN? Y/N

OTHER LEVEL BEDS #________

® HALF BATH #________

® DINING #________

o Neighbor Below o No Adjoining Neighbor o See Agent

o Entry-Swing-In o Golf Cart/Half Garage

® CONSTRUCTION (1 Req'd; Choose Up To 5) o 1 Side Masonry o Brick Veneer o 2 Side Masonry o Clapboard o 3 Side Masonry o Composition Shingle o All Sides Masonry o Concrete Block o Alt Bldg Sys (ICF,SIP,Other) o Double Wide o Aluminum Siding o Frame

o Frame/Brick Veneer o Frame/Stone o HardiPlank Type o Industrial o Log o Metal Siding

® ROOF (1 Req'd; Choose Up To 4) o Composition Shingle o Green/Garden o Concrete o Mansard o Fiber Cement o Membrane o Flat o Metal

o Slate/Imitation Slate o Tar/Gravel o Tile o Wood Shingle

® WATERFRONT WTRFT DESC (1 Req'd if Y/N WTRFT =Y; Choose Up To 2) o Canal o Pond o Creek/Stream o River o Lake o See Agent

TYPE (1 Req'd if WA = Y; ® WATER ACCESS o Boat Lift o Common Dock Y/N o Boat Lock o Common Ramp o Boat Slip o Deed Dock BUILDER NAME ___________________

o Large Boat/RV Garage o Parking Garage

o Open Parking Uncovered o Parking Permit Required o Outside o See Agent o Outside Boat/RV Space

o Modular o Natural Bldg (Straw bale, etc) o See Agent o Single Wide o Steel o Stone Veneer

o Dock Available o Hoist Dock Available o Lake

® RESTRICTIONS (1 Req'd if Restrict = Y; Choose Up To 5) o Adult 55+ o Building Style o Deed Restrictions Y / N o Adult 62+ o City Restrictions o Development Type o Building Size o Covenant o Easement/R.O.W.

o Stucco o Triple Wide o Vertical Siding o Vinyl Siding o Wood Shingle

® VIEW (1 Req'd; Choose Up To 4) o City o Greenbelt o Creek/Stream o Hill Country o Fields o Lake/River o Golf Course o No View

BODY of WATER (Req'd if WTRFT =Y; Choose 1) o Belton Lake o Comal River o Lake Georgetown o Blanco Lake o Guadalupe River o Lake LBJ o Brazos River o Inks Lake o Lake Marble Falls o Buchanon Lake o Lady Bird Lake o Lake Travis o Canyon Lake o Lake Austin o Llano River o Colorado River o Lake Bastrop o Pedernales River

® FOUNDATION (1 Req'd; Choose Up To 2) o On Stilts o See Agent o Pier & Beam o Slab o Pilings

o See Agent

® SQFT* ® SQFT SOURCE * (1 Req'd) o Appraiser o See Agent _______ o Builder o See Attachment o Multiple Dwelling o Tax Record o Owner

o Under Construction o Unknown o Updated/Remodeled

o Mixed o Overlay o Pitched o See Agent

o Single level Floor Plan o Stilt Home

® DINING DESCRIPTION (1 Req'd; Choose Up To 2) o Breakfast Area o Liv/Din Combo o Dining "L" o No Dining o Formal Dining o See Agent o Kit/Din Combo

PARKING SPACES DESCRIPTION (1 Req'd if # Garage = 0; Choose Up To 4) o 1 Car Carport o 2 Reserved o 3+ Reserved Parking Garage o Gated Parking #_______o 2 Car Carport o 3+ Reserved o Off Street o 3+ Carport o 1 Reserved Parking Garage o Open Parking Covered o 1 Reserved o 2 Reserved Parking Garage ® YEAR BUILT * ® YR BLT DESC. (1 Req'd) o Approximate o Resale _______ o Historical Design. o Tear Down o New o To Be Built

pg 2

® OWNERSHIP TYPE (1 Req'd) o Common o Fractional o Fee-Simple o See Agent

o See Agent o Town House

® GARAGE SPACES DESCRIPTION (1 Req'd if Garg >0;Choose Up To 4) o Attached o Door Opener o Door-Single o Entry-Rear #_______o Detached o Door-Multi o Entry-Front o Entry-Side

RES

o None o Private Dock o Public Ramp

o Panoramic o Pond o See Agent o Woods

o San Gabriel River o San Marcos River o San Saba River o See Agent

o Restricted Access o See Agent o Unrestrcted Access

® FACES (1 Req'd) o East o South o North o South-East o North-East o South-West o North-West o West o Environmental o Lease o Limited # Vehicles

o Livestock o See Agent o Seller Imposed

o Unknown o Zoning

GENERAL INFORMATION CON'T ® LOT DESCRIPTION (1 Req'd; Choose Up To 4) o Alley Access o Curbs o Backs to Golf Course o Drought Tolerant Landscaping o Backs to Greenbelt o Flag o Canal (Man Made) o In Golf Course Community o Corner o Interior o Cul-de-sac o Irregular o Cultivated o Lake on Lot

o Lakefront o Level o No Backyard Grass o Open o Pond on Lot o Private Road o Public Maintained Road

RES

o Rolling o See Agent o Sloped o Stream on Lot o Wooded

pg 3

LOT SIZE* __________ (Frontage x Depth) LAND SQFT* __________ ACRES* __________

ADDITIONAL INFORMATION BLOCKS TO UT SHUTTLE #________

HORSES Total Allowed? Y/N #________

BLOCKS TO METRO/LIGHTRAIL #________

® FLOORING* (1 Req'd; Choose Up To 4) o Bamboo o Marble o Terrazzo o Brick/Adobe o No Carpet o Tile Hard o Carpet o Parquet o Tile Vinyl o Concrete o See Agent o Wood o Cork o Sheet Vinyl o Wood Under Carpet o Laminate o Slate o Linoleum o Stone ® ROOMS (1 Req'd; Choose Up To 8) o Atrium o Converted Garage o Basement o Exercise o Bedroom/Office o Family o Conservatory o Formal Living

o Foyer o Game o Great o Library

® MASTER BEDROOM DESCRIPTION (1 Req'd; Choose Up To 6) o 2 Closets o Full Bath o See Agent o 2 Master Baths o Garden Tub o Separate Shower o 2 Master Suites o Half Bath o Sitting/Study Room o Bidet o Jetted Type o Steam Shower o Double Vanity o None o Walk-in Closet o Dressing Room o Other Room o Walk-in Shower o Fireplace o Living/Den o Loft o Media/Home Theater o Office/Study

® GUEST ACCOMMODATIONS DESCRIPTION (1 Req'd if GA=Y; Choose Up To 3) Y / N o Connected o Main level o See Agent o Garage Apartment o Not Connected o Separate Entrance o Guest House o Room w/ Private Bath o Separate Kit Facilities GUEST BEDS (Req'd if GA=Y) #________

GUEST FULL BATHS (Req'd if GA=Y) #________

® KITCHEN (1 Req'd; Choose Up To 6) o Breakfast Area o Granite/Marble Counters o Breakfast Bar o Kitchenette o Center Island o Natural Stone Counters o Galley Type o Open to Family Room

o Storage o Sun o Utility

o Wine o Workshop

o Separate Living Quarters o Separate Utilities

GUEST HALF BATHS (Req'd if GA=Y) #________

o Second Kitchen o See Agent o Silestone/Corian Type Counters

® LAUNDRY FACILITIES (1 Req'd; Choose Up To 5) o Chute o See Agent o Dryer Connection-Electric o Sink o Dryer Connection-Gas o Stackable W/D Connection o Multiple Machines o Washer Connection o No Connections

o Pantry o Screened Patio/Porch o See Agent o Shared Bath

o Tile Counters o Walk-in Pantry

® LAUNDRY LOCATION (1 Req'd; Up To 3) o Bathroom o Garage o Carport o Hall o Closet o Kitchen o Common Facilities o Main Level

® APPLIANCES/EQUIPMENT (1 Req'd;Choose Up To 12) o Bar Ice Maker o Double Oven o Built-In Coffee Machine o Downdraft o Built-in Oven(s) o Dryer o Central Vacuum o Energy Star Appliances o Convection Oven o Exhaust Fan - Recirculating o Cook Top Electric o Exhaust Fan -Vented o Home Automation System o Cook Top Gas o Dishwasher o Instant Hot Water o Disposal o Microwave Oven

o None o Range-Free Standing o Refrigerator o Refrigerator Sub-Zero Type o See Agent o Self Cleaning Oven o Single Oven o Stacked Washer/Dryer o Stove Commercial Grade

® INTERIOR FEATURES (Choose Up To 12) o Built-In Book Cases o Ceiling-Vaulted o Built-In Entertainment Center o Crown Molding o Built-In Safe o Dumbwaiter o Cedar Closets o Elevator o Ceiling- Cathedral o Fire Alarm System o Ceiling- Coffered o French Doors o Ceiling-Beam o Indoor Utilities o Ceiling-High o In-Law Plan

o Intercom o Lighting Recessed o Lighting Tracked o Low/No VOC o Murphy Bed o None o Plantation Shutters o Pocket Doors

o None o See Agent o Upper Level o Utility/Laundry Room

o Trash Compactor o Water Heater-Tankless o Washer o Water Softener Leased o Water Filter Leased o Water Softener Owned o Water Filter Owned o Wine Refrigerator o Water Heater-Electric o Water Heater-Gas o Water Heater-Geothermal o Water Heater-Recirculating o Water Heater-Solar

o Security System-Leased o Security System-Owned o See Agent o Shutters o Skylight o Smoke Detector o Walk-in Closet o Wet Bar

o Window Treatments o Wired for Security o Wired for Stereo o Wired for Surround Sound

ADDITIONAL INFORMATION CON'T ® STEPS (1 Req'd; Choose Up To 3) o Back Steps o Garage Door o Exterior Steps o Interior Garage o Front Steps o Interior Steps

o No Exterior Steps o No Interior Steps o None

RES ® TREES (1 Req'd; Choose Up To 3) o Heavy o None o Large (over 40') o See Agent o Medium (20'-40') o Small (under 20') o Moderate o Sparse

o Ramp o See Agent o Sunken Room(s)

® DISABILITY FEATURES DESCRIPTION (1 Req'd if Dis Fea=Y;Choose Up To 4) Y/N o Disabled Modified See Agent o Lower Fixtures o Flashing Light Notification o Modified for Hearing Impaired o Hand Rails o Modified for Wheelchair

o Modified Site o See Agent o Wide Doors

® FIREPLACE FIREPLACE DESCRIPTION (1 Req'd if FRPL>0; Choose Up To 3) #_______o Bathroom o Formal Living o Bedroom o Game Room o Dining Room o Gas Log Fireplace o Family Room o Glass Doors

o Great Room o Guest Accommodations o Heatilator o Kitchen

o Outdoor o See Agent o See Through o Wood Burning

® FENCE (1 Req'd; Choose Up To 4) o Cedar o Game Fence o Livestock o Chain Link o Goat Type o Masonry o Electric o Invisible o Mesh

o No Fence o Non-Privacy o Partial

o Library o Living Room o Log Lighter o Nonfunctional

o Picket o Pipe o Post

o Privacy o See Agent o Split Rail

® POOL ON PROPERTY DESCRIPTION (1 Req'd if Pool=Y; Choose Up To 4) Y / N o Above Ground o Cover o Indoor Pool o Perimeter Fence o Attached Spa/Hot tub o Diving o In-ground Pool o Plunge Pool o Cabana o Endless o Lap Pool o Saltwater o Child Gate/Fence o Heated o Negative Edge o See Agent SPRINKLER SYSTEM DESCRIPTION (1 Req'd if Sprinkler = Y; Choose Up To 3) Y/N o Automatic o Drip Only/Bubblers o In-ground o Back Yard o Front Yard o Manual ® EXTERIOR FEATURES (1 Req'd; Choose Up To 12) o Awning o Dock o Horse Facilities o Balcony o Dog Run o Intercom Entry o Barn/Stable o Electric Car Plug-In o N/A o Curbs o Greenhouse o Outbuildings o Deck o Gutters-Full o Patio Covered o Decorative Pond o Gutters-Partial o Patio Uncovered

o Wood Stove Insert o Wood Stove-Freestanding

o Vinyl o Wire Barb o Wire Smooth

o Solar Heated o Sport o Waterfall

o Multiple Yards o Partial

o Pest Tubes in Wall o Playscape o Porch Enclosed o Porch Open o Private Back Yard o Private Garden

o Wood o Wrought Iron

SPA/HOT TUB? DESCRIPTION Y/N (Choose 1) o Above Ground o In Ground

o Rain Sensor o See Agent o RV/Boat Parking o Sauna o Security Lighting o See Agent o Sidewalk o Solar Screen

o Side Yard o Zoned o Storage Building o Tennis Court(s) o Water Feature o Wheelchair Accessible o Workshop

® OUTDOOR LIVING FEATURES (1 Req'd; Choose Up To 5) o Arbor o Bathroom o Fire Pit o Misting System o Bar o Built-In Kitchen o Gazebo o Mosquito System o Barbecue o Cabana o Ice Machine o N/A

o Refrigerator o Screened Porch o See Agent

o Shower o Studio/Office o Wine

® AREA AMENITIES (1 Req'd; Choose Up To 10) o Club House o Fitness Center o Cluster Mailbox o Game Room o Common Grounds o Golf Course Private o Dog Park o Golf Course Public o Elevator o Grill o Equestrian Community o Hot Tub Community

o Play Ground o Pool-Community o Private Hangar o Private Landing Strip o Sauna o See Agent

o Small Aircraft Airport o Sport Court(s) o Sport Facility o Storage o Tennis Court(s) o Underground Utilities

o Jogging/Biking Trail o Kitchen Facilities o Lake Privileges o N/A o Park o Pet Amenities

pg 4

COMMUNITY WEB SITE

GATED COMMUNITY? Y/N

(Community info only. No Agent Info Allowed.) DOCUMENTS, UTILITY AND EES INFORMATION DOCUMENT INFORMATION

® REQUIRED DOCUMENTATION/AGENT INFORMATION (Choose Up To 10) o Approved Seniors Project o Mi/Lenders Approval o Prospects Reserved o Corporate Listing o MUD o Real Estate Owned (Lender) o Corporate Owned o None o Relo Addendum Required o Exclusions o Other Disclosures o Rental Records Available o Familial Relation o Other Real Estate Owned o Residentail Service Contract o Home Protection Plan o Owner/Agent o See Agent o Lead Based Paint Addendum o Planned Unit Development

o Seller Disclosure o Seller Provided Survey Available o Special Addendum o Warranty/See Agent o Water District

DOCUMENT INFORMATION CON'T ® DOCUMENTS AVAILABLE (Choose Up To 10) o Aerial Photos o Engineering Report o ALTA Survey o Environmental Study Complete o APOD/Backup Available o Feasibility Study o Appraisal o Financial Statement o Archeological Site o Financing o Building Plans o Flowage Easement o Condo Docs Available o Geological o Cost Estimates o Historical o Deed Restrictions o Income & Expense Statement o Development Plan o Leases o ECRA Clearance o Legal Documents o Energy Audit Conservation Disclosure o None Available o Energy, Environment, & Sustainability o Oak Wilt Test

RES

o Off-Site Requirements o Perc Test Needed o Perc Test Results/Map o Plans & Specs o Profit & Loss Statement o Rent Roll o Schedule of Personal Property o Security Code Attachment o See Agent o Septic Certification o Site Plan o Soil Test o Special Assessment District

pg 5

o Standard Industrial Classification o Survey o Tax Return Available o Topography Map o Unit Mix Schedule o Utility Easement o Vendor Leases o Water Capacity/Quality Report o Water/Well Report o Water/Well Test o Wetlands Approval/Waiver o Wetlands Delineation Map

UTILITIES INFORMATION ® HEAT (1 Req'd; Choose Up To 2) o Baseboard o Geothermal o Boiler o Heat Pump o Central Heat o Natural Gas o Electric o No Heat o Floor Furnace o Radiant

® A/C (1 Req'd; Choose Up To 2) o Central A/C o HEPA filter o Central Dehumidifier o Mini-Split System o Chilled Water o No A/C o Fresh Air Ventilation o See Agent o Geothermal o Seer Rated 13-15

o Radiator o See Agent o Solar o Space Heater o Wall Unit

® UTILITY (1 Req'd; Choose Up To 4) o Above Ground o Fuel Tank o Electricity Available o Natural Gas Available o Electricity Not Available o Natural Gas Not Available o Electricity on Property o Natural Gas on Property ® WATER (1 Req'd; Choose Up To 2) o City o Water District o MUD o Well Needed o None Available o Well on Property o Private Water Co o Well Shared o See Agent

o None Avaiable o Phone Available o Phone Not Available o Phone on Property

o Propane Available o Propane Needed o Propane on Property o See Agent

® SEWER (1 Req'd; Choose Up To 2) o City at Street o See Agent o City on Property o Septic On Property o MUD o Septic Needed o None Available o Septic Shared o Private o Water District

o Seer Rated 16+ o Wall Unit o Window Unit

o Solar o Under Ground o Wind

GROUNDWATER CONSERVATION DISTRICT Y/N

ENERGY, ENVIRONMENT AND SUSTAINABILITY INFORMATION ® UPGRADED ENERGY EFFICIENT FEATURES (1 Req'd, Choose Up To 10) Y / N o Appliances o Other - See EES Attachment o HVAC o Roof o Insulation o Sealed Attic o Lighting o Water Heater o On Site Renewable Energy o Windows & Doors ® GREEN RATING PROGRAM (1 Req'd) o Austin Energy's Green Building Program o Building America

o Energy Star for Homes o Environments for Living

RATING ACHIEVED (Req'd if a Green Rating is selected) o 1 Star o 5 Star o Gold o See Agent o 2 Star o Bronze o N/A o Silver o 3 Star o Certified o Platinum o 4 Star o Emerald

® EES FEATURES? (1 Req'd, Choose Up To 5) Y/N o Healthy Living Features o Materials and Construction o Other-See EES Attachment o Sustainability o Water Conservation

o Home Performance w/ Energy Star o ICC-700 Nat Green Bldg Stand

RATING YEAR (Req'd if a Green Rating is selected)

o LEED-H o N/A

HERS INDEX

o NAHB o Other

HERS YEAR (Req'd if HERS entered)

________

__________ FINANCIAL INFORMATION

® HOA? HOA NAME Y/N

__________________________

HOA MANAGEMENT CO ________________________

HOA FEES INCLUDE (1 Req'd if HOA = Y; Choose Up To 5) o Cable o Gas o Common Area Maintenance o Heat o Common Insurance o Hot Water o Electric o Insurance-See Agent o Exterior Maintenance o Internet

o Landscaping o Parking o Security System o See Agent

HOA (Req'd if HOA = Y) (Choose 1) $_______o Mandatory o Voluntary

o Sewer Fees o Trash Collection o Water Fees

(Choose 1) o Annually o Monthly o Quarterly

o See Agent o Semi-Annually

HOA TRANSFER FEE $____________

FINANCIAL INFORMATION CON'T TITLE (Choose 1) o Buyer o Negotiable o Seller

RES

® POSSESSION (1 Req'd; Choose Up To 2) o Closing o Lease Back Seller o Funding o Negotiable o Immediate o See Agent

SPECIAL ASSESSMENT o No (Choose 1) o Yes o See Agent

® ESTIMATED TAXES*

ACTUAL TAXES

® TAX YEAR*

TAX RATE

$____________

__________

____.________

® EXEMPTIONS (1 Req'd; Choose Up To 3) o Agricultural o Historical o None o Disability o Homestead o Over 65 TYPE OF LIEN (Not Req'd) o Assumable o Non-Assumable

PREFERRED TITLE COMPANY

o See Agent o Wildlife

LOAN AMOUNT

___________________________________ FIXED RATE

INTEREST AMT

Y/N

$________________

_____ . ______%

® BUYER INCENTIVE (1 Req'd; Choose Up To 4) o Appliance Package o Decoration Allowance o Closing Cost o Landscape Package

o N/A o Points

® ACCEPTABLE FINANCING (1 Req'd; Choose Up To 5) o Assumable-Qual o Conventional o Buyer Assistance Program o Court Approval o Cash o Energy Efficient Mort o Committed Money o Exchange

o FHA o Lease Purchase o Lender Approval o Owner Financing-1st Mortgage

o Repairs o See Agent o Owner Financing-2nd Mortgage o See Agent o Texas Vet

o USDA Eligible o VA o Zero Down

SHOWING INFORMATION If SHOWING SERVICE is selected in SHOW INSTRUCTIONS, only OWNER NAME and OCCUPANT will be required during input. ® SHOW INSTRUCTIONS (1 Req'd; Choose Up To 3) o Showing Service o Appointment w/ Occupant o Agent or Owner Present o Appointment w/ Office o Appointment w/ Agent o Appointment w/ Owner o Appointment w/ Builder o Call Agent for Code o Appointment w/ Management Co. o Call First-Go

o Call Office o Do Not Disturb Tenant, Mgt., ETC. o Go o See Agent o See Remarks

® ACCESS INSTRUCTIONS (1 Req'd; Choose Up To 4) o Alarm on Premises o Key w/ Gate Guard o Key w/ Management Co o Animal(s) on Property o Key w/ Listing Agent o Key w/ Occupant o Key in Lockbox o Key w/ Listing Office o Key w/ Owner

o None o Pet(s) on Premises o See Agent

SHOWING PHONE ______-______-_________

o See Remarks o See Security Code Attachment

® OWNER NAME*

OWNER PHONE

OWNER OTHER PHONE

_________________________________________

______-______-_________

® OCCUPANT (1 Req'd) o Owner o Vacant o Tenant

______-______-_________

® LOCKBOX TYPE (1 Req'd; o Both Choose Up To 1) o Combo Lockbox o Lockbox o None

LOCKBOX LOCATION (1 Req'd if Combo or Lockbox=Y; o Door-Back o Gate Choose Up To 2) o Door-Front o Porch o Door-Side o See Agent o Fence o Tree

OCCUPANT PHONE

SECURITY CODES ____________________

COMPENSATION INFORMATION ® SUB-AGENT %/$

® AMOUNT ______

INTERMEDIARY? Y/N

pg 6

® BUYER AGENT %/$

® AMOUNT _______

VARIABLE RATE COMMISSION Y/N

BONUS TO BA % / $ ________ SIGN? Y/N

AGENT INFORMATION ® LISTING AGENT ID ______________

® LISTING AGENT NAME ____________________________________________

LISTING AGENT 2 ID ______________

LISTING AGENT 2 NAME ____________________________________________

REMARKS INFORMATION

RES

® DIRECTIONS (Directions to Property Only; No Phone Numbers) ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ (255 Characters) AGENT REMARKS ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ (510 Characters) INTERNET REMARKS/DESC. OF PROPERTY ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ (510 Characters No Names, Phone/Fax numbers or web site/ URL addresses. Written Description of the Property Only.)

VIRTUAL TOURS BRANDED VIRTUAL TOUR __________________________________________________________________________________________________________________ (Include http:// in the beginning of the link) NON-BRANDED VIRTUAL TOUR __________________________________________________________________________________________________________________ (Include http:// in the beginning of the link) INTERNET DISPLAY ® INTERNET Y/N Listing Will Appear On? o AustinHomeSearch.com o CommercialSource.com o None

(Required if Internet = Y)

o Realtor.com o Syndication o TexasRealEstate.com

Do you want the Property Address on the Internet? Y/N Allow AVM? Y/N

Allow 3rd Party Comments? Y/N

Seller grants the Broker the right to publish any information contained on this form (through the MLS). The information has been furnished by the Seller and/or other sources, and is not guaranteed by the Broker or MLS. Age, square feet, etc,. and all dimensions are approximate. Agent ID _____________ Agent Name___________________________________ Office Name___________________________________ Broker/Salesperson Signature_________________________________ Date__________________ Agent Phone____________________

pg 7

T-47 RESIDENTIAL REAL PROPERTY AFFIDAVIT (MAY BE MODIFIED AS APPROPRIATE FOR COMMERCIAL TRANSACTIONS) Date:___________________________________ GF No.___________________________________ Name of Affiant(s):__________________________________________________________________ Address of Affiant:___________________________________________________________________ Description of Property:_______________________________________________________________ County__________________________________ , Texas "Title Company" as used herein is the Title Insurance Company whose policy of title insurance is issued in reliance upon the statements contained herein. Before me, the undersigned notary for the State of ________________, personally appeared Affiant(s) who after by me being sworn, stated: 1.

We are the owners of the Property. (Or state other basis for knowledge by Affiant(s) of the Property, such as lease, management, neighbor, etc. For example, â&#x20AC;&#x153;Affiant is the manager of the Property for the record title owners.â&#x20AC;?)

We are familiar with the property and the improvements located on the Property.

We are closing a transaction requiring title insurance and the proposed insured owner or lender has requested area and boundary coverage in the title insurance policy(ies) to be issued in this transaction. We understand that the Title Company may make exceptions to the coverage of the title insurance as Title Company may deem appropriate. We understand that the owner of the property, if the current transaction is a sale, may request a similar amendment to the area and boundary coverage in the Ownerâ&#x20AC;&#x2122;s Policy of Title Insurance upon payment of the promulgated premium.

To the best of our actual knowledge and belief, since _______________________________ there have been no: a.

construction projects such as new structures, additional buildings, rooms, garages, swimming pools or other permanent improvements or fixtures;

changes in the location of boundary fences or boundary walls;

construction projects on immediately adjoining property(ies) which encroach on the Property;

conveyances, replattings, easement grants and/or easement dedications (such as a utility line) by any party affecting the Property.

EXCEPT for the following (If None, Insert â&#x20AC;&#x153;Noneâ&#x20AC;? Below:) 5.

We understand that Title Company is relying on the truthfulness of the statements made in this affidavit to provide the area and boundary coverage and upon the evidence of the existing real property survey of the Property. This Affidavit is not made for the benefit of any other parties and this Affidavit does not constitute a warranty or guarantee of the location of improvements.

We understand that we have no liability to Title Company that will issue the policy(ies) should the information in this Affidavit be incorrect other than information that we personally know to be incorrect and which we do not disclose to the Title Company. _________________________________________ _________________________________________ SWORN AND SUBSCRIBED this ______ day of __________________, 20_______. _______________________________________ Notary Public ! "# " $ %"% ! # %&$ ' ( )) * +

Contract Concerning EQUAL HOUSING OPPORTUNITY

Page of 9

(Address of Property) PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

4-28-2014

ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) NOTICE: Not For Use For Condominium Transactions

1. PARTIES: The parties to this contract are (Seller) and (Buyer). Seller agrees to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: The land, improvements and accessories are collectively referred to as the “Property”. A. LAND: Lot Block , Addition, City of , County of , Texas, known as (address/zip code), or as described on attached exhibit. B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above-described real property, including without limitation, the following permanently installed and built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove, fireplace screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above ground pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for: (i) garage doors, (ii) entry gates, and (iii) other improvements and accessories. D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and must be removed prior to delivery of possession: . 3. SALES PRICE: A. Cash portion of Sales Price payable by Buyer at closing .............................. $ B. Sum of all financing described below (excluding any loan funding fee or mortgage insurance premium) ...................................................... $ C. Sales Price (Sum of A and B) ................................................................... $ 4. FINANCING (Not for use with reverse mortgage financing): The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below)  A.THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of $_______ (excluding any loan funding fee or mortgage insurance premium). (1) Property Approval: If the Property does not satisfy the lenders' underwriting requirements for the loan(s) (including, but not limited to appraisal, insurability and lender required repairs), Buyer may terminate this contract by giving notice to Seller prior to closing and the earnest money will be refunded to Buyer. (2) Credit Approval: (Check one box only)  (a) This contract is subject to Buyer being approved for the financing described in the attached Third Party Financing Addendum for Credit Approval.  (b) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA financing.  B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory notes described in the attached TREC Loan Assumption Addendum.  C. SELLER FINANCING: A promissory note from Buyer to Seller of $ , secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

(Address of Property)

Page 2 of 9

4-28-2014

5. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit $ as earnest money with , as escrow agent, at (address). Buyer shall deposit additional earnest money of $ with escrow agent within days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by this contract, Buyer will be in default. 6. TITLE POLICY AND SURVEY: A. TITLE POLICY: Seller shall furnish to Buyer at  Seller’s  Buyer’s expense an owner policy of title insurance (Title Policy) issued by (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to marital rights. (7) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. (8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements: (i) will not be amended or deleted from the title policy; (ii) will be amended to read, "shortages in area" at the expense of Buyer Seller. B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the standard printed exceptions. Seller authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15 days or 3 days before the Closing Date, whichever is earlier. If, due to factors beyond Seller’s control, the Commitment and Exception Documents are not delivered within the time required, Buyer may terminate this contract and the earnest money will be refunded to Buyer. C. SURVEY: The survey must be made by a registered professional land surveyor acceptable to the Title Company and Buyer’s lender(s). (Check one box only) (1) Within days after the effective date of this contract, Seller shall furnish to Buyer and Title Company Seller's existing survey of the Property and a Residential Real Property Affidavit promulgated by the Texas Department of Insurance (T-47 Affidavit). If Seller fails to furnish the existing survey or affidavit within the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to Closing Date. If the existing survey or affidavit is not acceptable to Title Company or Buyer's lender(s), Buyer shall obtain a new survey at Seller's Buyer's expense no later than 3 days prior to Closing Date. (2) Within days after the effective date of this contract, Buyer shall obtain a new survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the date specified in this paragraph, whichever is earlier. (3) Within _ days after the effective date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the survey other than items 6A(1) through (7) above; disclosed in the Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: . Buyer must object the earlier of (i) the Closing Date or (ii) _ days after Buyer receives the Commitment, Exception Documents, and the survey. Buyer’s failure to object within the time allowed will constitute a waiver of Buyer’s right to object; except that the requirements in Schedule C of the Commitment are not waived by Buyer. Provided Seller is not obligated to incur any expense, Seller shall cure the timely objections of Buyer or any third party lender Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

(Address of Property)

Page 3 of 9

4-28-2014

within 15 days after Seller receives the objections and the Closing Date will be extended as necessary. If objections are not cured within such 15 day period, this contract will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections. E. TITLE NOTICES: (1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering the Property examined by an attorney of Buyer’s selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer’s choice due to the time limitations on Buyer’s right to object. (2) MEMBERSHIP IN PROPERTY OWNERS ASSOCIATION(S): The Property is is not subject to mandatory membership in a property owners association(s). If the Property is subject to mandatory membership in a property owners association(s), Seller notifies Buyer under §5.012, Texas Property Code, that, as a purchaser of property in the residential community identified in Paragraph 2A in which the Property is located, you are obligated to be a member of the property owners association(s). Restrictive covenants governing the use and occupancy of the Property and all dedicatory instruments governing the establishment, maintenance, or operation of this residential community have been or will be recorded in the Real Property Records of the county in which the Property is located. Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk. You are obligated to pay assessments to the property owners association(s). The amount of the assessments is subject to change. Your failure to pay the assessments could result in enforcement of the association’s lien on and the foreclosure of the Property. Section 207.003, Property Code, entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, and a resale certificate from a property owners' association. A resale certificate contains information including, but not limited to, statements specifying the amount and frequency of regular assessments and the style and cause number of lawsuits to which the property owners' association is a party, other than lawsuits relating to unpaid ad valorem taxes of an individual member of the association. These documents must be made available to you by the property owners' association or the association's agent on your request. If Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners Association(s) should be used. (3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum containing the notice promulgated by TREC or required by the parties must be used. (5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under §5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction. To determine if the Property is located within a municipality’s extraterritorial jurisdiction or is likely to be located within a municipality’s extraterritorial jurisdiction, contact all municipalities located in the general proximity of the Property for further information. (6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER: Notice required by §13.257, Water Code: The real property, described in Paragraph 2, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned Buyer hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in Paragraph 2 or at closing of purchase of the real property. Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

(Address of Property)

Page 4 of 9

4-28-2014

(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, §5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are obligated to pay an assessment to a municipality or county for an improvement project undertaken by a public improvement district under Chapter 372, Local Government Code. The assessment may be due annually or in periodic installments. More information concerning the amount of the assessment and the due dates of that assessment may be obtained from the municipality or county levying the assessment. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property. (8) TRANSFER FEES: If the Property is subject to a private transfer fee obligation, §5.205, Property Code, requires Seller to notify Buyer as follows: The private transfer fee obligation may be governed by Chapter 5, Subchapter G of the Texas Property Code. (9) PROPANE GAS SYSTEM SERVICE AREA: If the Property is located in a propane gas system service area owned by a distribution system retailer, Seller must give Buyer written notice as required by §141.010, Texas Utilities Code. An addendum containing the notice approved by TREC or required by the parties should be used. 7. PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer’s agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect. B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice): (Check one box only)  (1) Buyer has received the Notice.  (2) Buyer has not received the Notice. Within days after the effective date of this contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer.  (3)The Seller is not required to furnish the notice under the Texas Property Code. C. SELLER’S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by Federal law for a residential dwelling constructed prior to 1978. D. ACCEPTANCE OF PROPERTY CONDITION: “As Is” means the present condition of the Property with any and all defects and without warranty except for the warranties of title and the warranties in this contract. Buyer’s agreement to accept the Property As Is under Paragraph 7D(1) or (2) does not preclude Buyer from inspecting the Property under Paragraph 7A, from negotiating repairs or treatments in a subsequent amendment, or from terminating this contract during the Option Period, if any. (Check one box only)  (1) Buyer accepts the Property As Is.  (2) Buyer accepts the Property As Is provided Seller, at Seller’s expense, shall complete the following specific repairs and treatments: . (Do not insert general phrases, such as “subject to inspections” that do not identify specific repairs and treatments.) E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is obligated to pay for lender required repairs, which includes treatment for wood destroying insects. If the parties do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer. F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing: (i) Seller shall complete all agreed repairs and treatments prior to the Closing Date; and (ii) all required permits must be obtained, and repairs and treatments must be performed by persons who are licensed to provide such repairs or treatments or, if no license is required by law, are commercially engaged in the trade of providing such repairs or treatments. At Buyer’s election, any transferable warranties received by Seller with respect to the repairs and treatments will be transferred to Buyer at Buyer’s expense. If Seller fails to complete any agreed repairs and treatments prior to the Closing Date, Buyer may exercise remedies under Paragraph 15 or extend the Closing Date up to 5 days if necessary for Seller to complete the repairs and treatments. G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or its habitat may affect Buyer’s intended use of the Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

(Address of Property)

Page 5 of 9

4-28-2014

Property. If Buyer is concerned about these matters, an addendum promulgated by TREC or required by the parties should be used. H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse Buyer at closing for the cost of the residential service contract in an amount not exceeding $ . Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The purchase of a residential service contract is optional. Similar coverage may be purchased from various companies authorized to do business in Texas. 8. BROKERS' FEES: All obligations of the parties for payment of brokers’ fees are contained in separate written agreements. 9. CLOSING: A. The closing of the sale will be on or before , 20 , or within 7 days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either party fails to close the sale by the Closing Date, the nondefaulting party may exercise the remedies contained in Paragraph 15. B. At closing: (1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing no delinquent taxes on the Property. (2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent. (3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan documents and other documents reasonably required for the closing of the sale and the issuance of the Title Policy. (4) There will be no liens, assessments, or security interests against the Property which will not be satisfied out of the sales proceeds unless securing the payment of any loans assumed by Buyer and assumed loans will not be in default. (5)If the Property is subject to a residential lease, Seller shall transfer security deposits (as defined under §92.102, Property Code), if any, to Buyer. In such an event, Buyer shall deliver to the tenant a signed statement acknowledging that the Buyer has received the security deposit and is responsible for the return of the security deposit, and specifying the exact dollar amount of the security deposit. 10.POSSESSION: A Buyer’s Possession: Seller shall deliver to Buyer possession of the Property in its present or required condition, ordinary wear and tear excepted: upon closing and funding according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship between the parties. Consult your insurance agent prior to change of ownership and possession because insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance coverage may expose the parties to economic loss. B. Leases: (1)After the Effective Date, Seller may not execute any lease (including but not limited to mineral leases) or convey any interest in the Property without Buyer’s written consent. (2) If the Property is subject to any lease to which Seller is a party, Seller shall deliver to Buyer copies of the lease(s) and any move-in condition form signed by the tenant within 7 days after the Effective Date of the contract. 11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other form has been promulgated by TREC for mandatory use.)

12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller’s loan liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses payable by Seller under this contract. (b) Seller shall also pay an amount not to exceed $ to be applied in the Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

13.

14.

15.

16.

17.

(Address of Property)

Page 6 of 9

4-28-2014

following order: Buyer’s Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Land Board or other governmental loan programs, and then to other Buyer’s Expenses as allowed by the lender. (2) Expenses payable by Buyer (Buyer's Expenses): Appraisal fees; loan application fees; adjusted origination charges; credit reports; preparation of loan documents; interest on the notes from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of easements and restrictions; loan title policy with endorsements required by lender; loan-related inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident to any loan; Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA Mortgage Insurance Premium (MIP) as required by the lender; and other expenses payable by Buyer under this contract. B. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas Veterans Land Board or other governmental loan program regulations. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or prior to closing, Buyer shall pay taxes for the current year. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due to factors beyond Seller’s control, Buyer may (a) terminate this contract and the earnest money will be refunded to Buyer (b) extend the time for performance up to 15 days and the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the insurance policy. Seller’s obligations under this paragraph are independent of any other obligations of Seller under this contract. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money as liquidated damages, thereby releasing both parties from this contract. If Seller fails to comply with this contract, Seller will be in default and Buyer may (a) enforce specific performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the earnest money, thereby releasing both parties from this contract. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not resolved through informal discussion will be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney’s fees and all costs of such proceeding.

18. ESCROW: A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or nonperformance of any party to this contract, (ii) liable for interest on the earnest money and (iii) liable for the loss of any earnest money caused by the failure of any financial institution in which the earnest money has been deposited unless the financial institution is acting as escrow agent. B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may: (i) require a written release of liability of the escrow agent from all parties, (ii) require payment of unpaid expenses incurred on behalf of a party, and (iii) only deduct from the earnest money the amount of unpaid expenses incurred on behalf of the party receiving the earnest money. C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest money to each party and the parties shall execute counterparts of Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

Page 7 of 9

(Address of Property)

4-28-2014

the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly provide a copy of the demand to the other party. If escrow agent does not receive written objection to the demand from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph, each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money. D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7 days of receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of: (i) three times the amount of the earnest money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection to the demand will be deemed effective upon receipt by escrow agent. 19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller will be in default. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive, negotiate and accept back up offers. 20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person,” as defined by applicable law, or if Seller fails to deliver an affidavit to Buyer that Seller is not a "foreign person,” then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of specified amounts is received in the transaction. 21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows: To Seller at:

To Buyer at: Telephone:

(

)

Telephone:

(

)

Facsimile:

(

)

Facsimile:

(

)

E-mail:

22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed except by their written agreement. Addenda which are a part of this contract are (Check all applicable boxes):  Third Party Financing Addendum for Credit  Environmental Assessment, Threatened or Endangered Species and Wetlands Approval Addendum  Seller Financing Addendum  Seller’s Temporary Residential Lease  Addendum for Property Subject to  Short Sale Addendum Mandatory Membership in a Property Owners Association  Addendum for Property Located Seaward  Buyer’s Temporary Residential Lease of the Gulf Intracoastal Waterway

 

Loan Assumption Addendum



Addendum for Seller's Disclosure of Information on Lead-based Paint and Leadbased Paint Hazards as Required by Federal Law



Addendum for Reservation of Oil, Gas and Other Minerals



Addendum for Property in a Propane Gas System Service Area

 

Addendum for "Back-Up" Contract



Other (list):

Addendum for Sale of Other Property by Buyer

Addendum for Coastal Area Property

Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

Page 8 of 9

(Address of Property)

4-28-2014

23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee) within 3 days after the effective date of this contract, Seller grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seller within days after the effective date of this contract (Option Period). If no dollar amount is stated as the Option Fee or if Buyer fails to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of this contract and Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The Option Fee ď ąwill ď ąwill not be credited to the Sales Price at closing. Time is of the essence for this paragraph and strict compliance with the time for performance is required. 24. CONSULT AN ATTORNEY BEFORE SIGNING: TREC rules prohibit real estate licensees from giving legal advice. READ THIS CONTRACT CAREFULLY.

Buyer's Attorney is:

Seller's Attorney is:

Telephone: (

)

Telephone: (

)

(

)

Facsimile:

(

)

Facsimile: E-mail:

E-mail:

EXECUTED the day of , 20 (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)

Buyer

Seller

Buyer

Seller

(EFFECTIVE DATE).

The form of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by tr ained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 (http://www.trec.texas.gov) TREC NO. 20-12. This form replaces TREC NO. 20-11.

Initialed for identification by Buyer TAR 1601

and Seller

TREC NO. 20-12

Contract Concerning

Page 9 of 9

(Address of Property)

4-28-2014

BROKER INFORMATION (Print name(s) only. Do not sign) Other Broker Firm represents

License No.

 Buyer only as Buyer’s agent  Seller as Listing Broker’s subagent

Listing Broker Firm represents

License No.

 Seller and Buyer as an intermediary  Seller only as Seller’s agent

Name of Associate’s Licensed Supervisor

Telephone

Name of Associate’s Licensed Supervisor

Telephone

Associate’s Name

Telephone

Listing Associate’s Name

Telephone

Listing Broker’s Office Address

Facsimile

Other Broker's Address

Facsimile

City

State

Zip

Associate’s Email Address

City

State

Zip

Listing Associate’s Email Address Selling Associate’s Name

Telephone

Name of Selling Associate’s Licensed Supervisor

Telephone

Selling Associate’s Office Address City

Facsimile State

Zip

Selling Associate’s Email Address

Listing Broker has agreed to pay Other Broker of the total sales price when the Listing Broker’s fee is received. Escrow agent is authorized and directed to pay other Broker from Listing Broker’s fee at closing. OPTION FEE RECEIPT Receipt of $

(Option Fee) in the form of

Seller or Listing Broker

is acknowledged.

Date

CONTRACT AND EARNEST MONEY RECEIPT Receipt of Contract and is acknowledged.

$

Earnest Money in the form of

Escrow Agent:

Date:

By:

Email Address

Telephone (

Address City

Initialed for identification by Buyer TAR 1601

State

Zip

and Seller

Facsimile: (

) )

TREC NO. 20-12

APPROVED BY THE TEXAS REAL ESTATE COMMISSION (TREC) FOR VOLUNTARY USE

10-10-11

EQUAL HOUSING OPPORTUNITY

NON-REALTY ITEMS ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT (Address of Property)

For an additional sum of $ and other and good valuable consideration, Seller shall convey to Buyer at closing the following personal property (specify each item carefully, include description, model numbers, serial numbers, location, and other information):

Seller represents and warrants that Seller owns the personal property described in Paragraph A free and clear of all encumbrances.

Seller does not warrant or guarantee the condition or future performance of the personal property conveyed by this document.

Buyer

Seller

Buyer

Seller

This form has been approved by the Texas Real Estate Commission for voluntary use by its licensees. Copies of TREC rules governing real estate brokers, salesperson and real estate inspectors are available at nominal cost from TREC. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 512-936-3000 (http://www.trec.texas.gov)

TREC NO. OP-M

Print Form 2-10-2014 EQUAL HOUSING OPPORTUNITY

PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)

THIRD PARTY FINANCING ADDENDUM FOR CREDIT APPROVAL (Not for use with Reverse Mortgage Financing) TO CONTRACT CONCERNING THE PROPERTY AT (Street Address and City)

Buyer shall apply promptly for all financing described below and make every reasonable effort to obtain credit approval for the financing (Credit Approval). Buyer shall furnish all information and documents required by lender for Credit Approval. Credit Approval will be deemed to have been obtained when (1) the terms of the loan(s) described below are available and (2) lender determines that Buyer has satisfied all of lender's requirements related to Buyer's assets, income and credit history. If Buyer cannot obtain Credit Approval, Buyer may give written notice to Seller within ____ days after the effective date of this contract and this contract will terminate and the earnest money will be refunded to Buyer. If Buyer does not give such notice within the time required, this contract will no longer be subject to Credit Approval. Time is of the essence for this paragraph and strict compliance with the time for performance is required. NOTE: Credit Approval does not include approval of lender's underwriting requirements for the Property, as specified in Paragraph 4.A.(1) of the contract. Each note must be secured by vendor’s and deed of trust liens. CHECK APPLICABLE BOXES:

 A.

CONVENTIONAL FINANCING:  (1) A first mortgage loan in the principal amount of $ (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan with Adjusted Origination Charges as shown on Buyer’s Good Faith Estimate for the loan not to exceed % of the loan.  (2) A second mortgage loan in the principal amount of $ (excluding any financed PMI premium), due in full in year(s), with interest not to exceed % per annum for the first year(s) of the loan with Adjusted Origination Charges as shown on Buyer’s Good Faith Estimate for the loan not to exceed % of the loan.  B. TEXAS VETERANS LOAN: A loan(s) from the Texas Veterans Land Board of $ for a period in the total amount of years at the interest rate established by the Texas Veterans Land Board.  C. FHA INSURED FINANCING: A Section FHA insured loan of not less than $ (excluding any financed MIP), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Adjusted Origination Charges as shown on Buyer’s Good Faith Estimate for the loan not to exceed % of the loan. As required by HUD-FHA, if FHA valuation is unknown, "It is expressly agreed that, notwithstanding any other provision of this contract, the purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement Lender setting forth the appraised value of the Property of not less than $ . The purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the Initialed for identification by Buyer

and Seller

TREC NO. 40-6 TAR 1901

Third Party Financing Condition Addendum Concerning

Page 2 of 2

2-10-2014

(Address of Property)

maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value or the condition of the Property. The purchaser (Buyer) should satisfy himself/herself that the price and the condition of the Property are acceptable."

 D. VA GUARANTEED FINANCING: A VA guaranteed loan of not less than $

(excluding any financed Funding Fee), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Adjusted Origination Charges as shown on Buyer’s Good Faith Estimate for the loan not to exceed % of the loan. VA NOTICE TO BUYER: "It is expressly agreed that, notwithstanding any other provisions of this contract, the Buyer shall not incur any penalty by forfeiture of earnest money or otherwise or be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs."

If Buyer elects to complete the purchase at an amount in excess of the reasonable value established by VA, Buyer shall pay such excess amount in cash from a source which Buyer agrees to disclose to the VA and which Buyer represents will not be from borrowed funds except as approved by VA. If VA reasonable value of the Property is less than the Sales Price, Seller may reduce the Sales Price to an amount equal to the VA reasonable value and the sale will be closed at the lower Sales Price with proportionate adjustments to the down payment and the loan amount.



E.USDA GUARANTEED FINANCING: A USDA-guaranteed loan of not less than $ (excluding any financed Funding Fee), amortizable monthly for not less than years, with interest not to exceed % per annum for the first year(s) of the loan with Adjusted Origination Charges as shown on Buyer’s Good Faith Estimate for the loan not to exceed % of the loan.

Buyer hereby authorizes any lender to furnish to the Seller or Buyer or their representatives information relating only to the status of Credit Approval of Buyer.

Buyer

Seller

Buyer

Seller

This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms. Such approval relates to this form only. TREC forms are intended for use only by trained real estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, (512) 936-3000 (http://www.trec.texas.gov) TREC No. 40-6. This form replaces TREC No. 40-5.

TREC NO. 40-6 TAR 1901

Eleven Oaks Realty (512) 827-8323 info@11OaksRealty.com AustinRealEstateHomesBlog.com TREC #: 614417