LISTING YOUR Home
Get to know us!
We are a powerhouse group of women dedicated to supporting others through real estate needs, serving our community, and providing expert knowledge on the real estate market. When you hire The Stacey Sauls Group you have 30+ years of real estate paralegal experience and 20+ years of agency experience at the number one real estate company in the USA representing you and your purchase or sale. Whether you are downsizing, up-sizing, relocating, or are a first time home buyer, we are proud to be your REALTORÂŽ of choice for life! Stacey Sauls
CEO/Founder
THE NUMBERS tell our story #17 Top Sales Group Keller Williams Carolina Region 2018 #2 Top Sales Group Keller Williams Fort Mill 1st - Closed Units* - 167 1st - Closed Volume* - $46,142,328 1st - Listing Closed Units* - 92 1st - Listing Closed Volume* $24,891,500 1st - Buyer Closed Units* - 75 2nd - Buyer Closed Volume* 1st - Most FSBO Conversions 2018 Chairman's Circle - $25+ million in total closed volume *Keller Williams Fort Mill 2018: Group 2
Keller Williams is the number one real estate company in the United States! That is number one in agent count, volume sold, and units sold! What does that mean for you?
______________ Keller Williams owns the majority of the Carolina's market share and has the numbers to back it up. Keller Williams gets homes sold quickly and at the best price year over year.
THE TEAM advantage STACEY SAULS CEO, FOUNDER NC/SC REALTOR速
JULIE PATTERSON DIRECTOR OF OPERATIONS SC REALTOR速
CECE HAMPTON DIRECTOR OF SALES NC/SC REALTOR速
TAYLOR MOORE DIRECTOR OF MARKETING NC/SC REALTOR速
The advantage to work support. We have dedica training staff, marketing, a specifically trained and qu estate needs. We work tog home buying or selling e expect
king with a team is the ated administrative staff, and other excellent agents ualified to meet your real gether to make sure your experience exceeds your tations!
CHRISTINA LINDSAY NC/SC REALTOR速 LUXURY CERTIFIED BUYER SPECIALIST
ERIN OLSON NC/SC REALTOR速 BUYER SPECIALIST
ALLY HUNT NC/SC REALTOR速 BUYER SPECIALIST
SASHA SERNA NC/SC REALTOR速 BUYER SPECIALIST
KEY OBJECTIVES selling your home SETTING THE RIGHT PRICE Pricing your home at the property's fair market value
TIMING Selling your home in the desired time period
CONVENIENCE Making the process of selling your home a stress-free experience
LISTING strategies STRATEGIC PRICING We price your home to SELL using a scientific competitive market analysis.
HOME STAGING To ensure the "wow factor" we pay for a professional staging consultation to prepare your home for sale.
PROFESSIONAL PHOTOGRAPHY Only the best photos highlighting the features of your home will be placed online or in the property flyer.
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REACHING buyers
Knew Seller 1% Home Builder 2% Friend, Relative 4%
Yard Sign 8%
Where do buyers find the home they purchase? We market heavily to agents as 88% of residential sales involve REALTORS®.
Internet 51%
Real Estate Agen 34%
Data from the 2016 National Association of REALTORS® Profile of Home Buyers and Sellers.
PREPARING YOUR HOM EXTERIOR Keep landscaping manicured and grass cut Remove all yard clutter Clean windows inside and out Touch up paint as needed Ensure gutters and downspouts are clean
INTERIOR Declutter and pack up nonessential items Clean or paint walls and ceilings Ensure carpets are clean Organize cabinets and closets Repair known problems
FOR SHOWINGS Turn on all the lights Open drapes in the daytime Make arrangements for pets Infuse the home with a clean scent Vacate the property while it is being shown
ME FOR THE market SUPRA KEY LOCK BOX
EMAIL MARKETING
Your property's security is a top priority. The lockbox records information on everyone who accesses your home, restricting access to your home to only licensed professionals.
We market to and communicate regularly with qualified buyers in our database.
SHOWING SERVICE Remote showing convenience that texts, calls, or emails sellers to make sure they know about showing requests ASAP. We follow-up for feedback within 24 hours of showings.
YARD SIGN Placement of the "For Sale" sign in your yard will attract the attention of neighbors and drive-by traffic. Our phone number is listed on the sign so when a potential buyer calls our Internal Sales Associate (ISA) informed the caller about the details of your home.
BUYER SCREENING
SOCIAL MEDIA
We market to agents who will bring pre-qualified buyers to your home, reducing stress and eliminating "lookyloos."
Your home will be featured on our website and social media pages, such as Facebook and Instagram. We also post on multiple pages across social media platforms for ultimate exposure.
OPEN HOUSE Conducted by trained agents, we use social media, door knocking, and physical advertising through signage to create exposure for your listing.
STACEY SAULS GROUP value CANVASING YOUR NEIGHBORHOOD We will attempt to personally talk to your neighbors as they occasionally refer buyers to your property.
SKILLED NEGOTIATING Your best interest is our best interest. We will represent you in every phase of the transaction and make sure your contract to list or buy is a WIN-WIN for both parties.
UPDATES ON THE MARKET We constantly monitor what the market is doing in your area and inform you accordingly through weekly and monthly reports.
ONLINE ACTIVITY MONITORING We will continue to track how many hits your listing generates and respond to online inquiries.
Areas We Serve
North & South Carolina Charlotte Metro Region
Mr. Holly Belmont Clover
Fort Mill Rock Hill
803-768-5478 info@thestaceysaulsgroup.com
Huntersville Harrisburg
Charlotte Matthews Waxhaw
Indian Land Lancaster
803-768-5478 | INFO@THESTACEYSAULSGROUP.COM 901 DAVE GIBSON BLVD. FORT MILL, SC 29708
SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS South Carolina Real Estate Commission PO BOX 11847, Columbia, S.C. 29211-1847 Telephone: (803) 896-4400 Fax: (803) 896-4427 http://llr.sc.gov/POL/REC/ Pursuant to South Carolina Real Estate License Law in S.C. Code of Laws Section 40-57-370, a real estate licensee is required to provide you a meaningful explanation of agency relationships offered by the licensee’s brokerage firm. This must be done at the first practical opportunity when you and the licensee have substantive contact. Before you begin to work with a real estate licensee, it is important for you to know the difference between a broker-in-charge and associated licensees. The broker-in-charge is the person in charge of a real estate brokerage firm. Associated licensees may work only through a broker-in-charge. In other words, when you choose to work with any real estate licensee, your business relationship is legally with the brokerage firm and not with the associated licensee. A real estate brokerage firm and its associated licensees can provide buyers and sellers valuable real estate services, whether in the form of basic customer services, or through client-level agency representation. The services you can expect will depend upon the legal relationship you establish with the brokerage firm. It is important for you to discuss the following information with the real estate licensee and agree on whether in your business relationship you will be a customer or a client.
You Are a Customer of the Brokerage Firm South Carolina license law defines customers as buyers or sellers who choose NOT to establish an agency relationship. The law requires real estate licensees to perform the following basic duties when dealing with any real estate buyer or seller as customers: present all offers in a timely manner, account for money or other property received on your behalf, provide an explanation of the scope of services to be provided, be fair and honest and provide accurate information, provide limited confidentiality, and disclose “material adverse facts” about the property or the transaction which are within the licensee’s knowledge. Unless or until you enter into a written agreement with the brokerage firm for agency representation, you are considered a “customer” of the brokerage firm, and the brokerage firm will not act as your agent. As a customer, you should not expect the brokerage firm or its licensees to promote your best interest. Customer service does not require a written agreement; therefore, you are not committed to the brokerage firm in any way unless a transaction broker agreement or compensation agreement obligates you otherwise.
Transaction Brokerage A real estate brokerage firm may offer transaction brokerage in accordance with S.C. Code of Laws Section 40-57-350. Transaction broker means a real estate brokerage firm that provides customer service to a buyer, a seller, or both in a real estate transaction. A transaction broker may be a single agent of a party in a transaction giving the other party customer service. A transaction broker also may facilitate a transaction without representing either party. The duties of a brokerage firm offering transaction brokerage relationship to a customer can be found in S.C. Code of Laws Section 40-57-350(L)(2).
You Can Become a Client of the Brokerage Firm Clients receive more services than customers. If client status is offered by the real estate brokerage firm, you can become a client by entering into a written agency agreement requiring the brokerage firm and its associated licensees to act as an agent on your behalf and promote your best interests. If you choose to become a client, you will be asked to confirm in your written representation agreement that you received this agency relationships disclosure document in a timely manner. A seller becomes a client of a real estate brokerage firm by signing a formal listing agreement with the brokerage firm. For a seller to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the seller and the brokerage firm which becomes the agent for the seller. A buyer becomes a client of a real estate brokerage firm by signing a formal buyer agency agreement with the brokerage firm. For a buyer to become a client, this agreement must be in writing and must clearly establish the terms of the agreement and the obligations of both the buyer and the brokerage firm which becomes the agent for the buyer.
(Rev 1/17) Page 1 of 2 Keller Williams Realty,1030 Assembly Drive Fort Mill,SC 29708 Phone:(803)517-3610 Fax: Deborah Storin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
SOUTH CAROLINA DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS South Carolina Real Estate Commission PO BOX 11847, Columbia, S.C. 29211-1847 Telephone: (803) 896-4400 Fax: (803) 896-4427 http://llr.sc.gov/POL/REC/ If you enter into a written agency agreement, as a client, the real estate brokerage has the following client-level duties: obedience, loyalty, disclosure, confidentiality, accounting, and reasonable skill and care. Client-level services also include advice, counsel and assistance in negotiations.
Single Agency When the brokerage firm represents only one client in the same transaction (the seller or the buyer), it is called single agency.
Dual Agency Dual agency exists when the real estate brokerage firm has two clients in one transaction – a seller client and a buyer client. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to represent both you and the other client in a disclosed dual agency relationship.
Disclosed Dual Agency In a disclosed dual agency, the brokerage firm’s representation duties are limited because the buyer and seller have recognized conflicts of interest. Both clients’ interests are represented by the brokerage firm. As a disclosed dual agent, the brokerage firm and its associated licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning the price negotiations, terms, or factors motivating the buyer/client to buy or the seller/client to sell. Each Dual Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.
Designated Agency In designated agency, a broker-in-charge may designate individual associated licensees to act solely on behalf of each client. Designated agents are not limited by the brokerage firm’s agency relationship with the other client, but instead have a duty to promote the best interest of their clients, including negotiating a price. The broker-in-charge remains a disclosed dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients. At the time you sign an agency agreement, you may be asked to acknowledge whether you would consider giving written consent allowing the brokerage firm to designate a representative for you and one for the other client in a designated agency. Each Designated Agency Agreement contains the names of both the seller client(s) and the buyer client(s) and identifies the property.
It’s Your Choice As a real estate consumer in South Carolina, it is your choice as to the type and nature of services you receive.
• • •
You can choose to remain a customer and represent yourself, with or without a transaction broker agreement. You can choose to hire the brokerage firm for representation through a written agency agreement. If represented by the brokerage firm, you can decide whether to go forward under the shared services of dual agency or designated agency or to remain in single agency.
If you plan to become a client of a brokerage firm, the licensee will explain the agreement to you fully and answer questions you may have about the agreement. Remember, however that until you enter into a representation agreement with the brokerage firm, you are considered a customer and the brokerage firm cannot be your advocate, cannot advise you on price or terms, and only provides limited confidentiality unless a transaction broker agreement obligates the brokerage firm otherwise. The choice of services belongs to you – the South Carolina real estate consumer. Acknowledgement of Receipt by Consumer: Signature
Date
Signature
Date
THIS DOCUMENT IS NOT A CONTRACT. This brochure has been approved by South Carolina Real Estate Commission for use in explaining representation issues in real estate transactions and consumer rights as a buyer or seller. Reprinting without permission is permitted provided no changes or modifications are made.
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EXCLUSIVE RIGHT TO SELL AGREEMENT LISTING AGREEMENT In consideration of the covenants herein contained, Sole Property Owner(s) (hereinafter called "OWNER") and Real Estate Company (hereinafter called "BROKER"), agree as follows:
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For the period of time beginning on , , and ending at midnight on , Owner hereby grants to Broker the sole and exclusive right to sell the real property known as:
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Lot
Block
Section
Subdivision
Address Tax Map # County of
City
Zip
, State of South Carolina.
The real estate described herein includes all improvements, fixtures, appurtenances, and the additional property, if any, described here. 1.
CONSENT TO DISCLOSED DUAL AGENCY/DESIGNATED AGENCY: (INITIAL APPLICABLE CHOICES)
Owner acknowledges receiving an explanation of the types of agency relationships that are offered by brokerage and an Agency Disclosure Form at the first practical opportunity at which substantive contact occurred between the Broker and Owner. Owner acknowledges that after entering into this written agency contract, Broker might request a modification in order to act as a dual agent or a designated agent in a specific transaction. If asked: Permission to act as a dual agent will not be considered. Permission to act as a dual agent may be considered at the time I am provided with information about the other party to a transaction. If Owner agrees, Owner will execute a separate written Dual Agency Agreement. Permission to act as a designated agent will not be considered. Permission to act as a designated agent may be considered at the time I am provided with information about the other party to a transaction. If Owner agrees, Owner will execute a separate written Designated Agency Agreement. 2. COMPENSATION TO OTHER BROKERAGES: Owner acknowledges Broker has advised Owner of Broker’s general company policy regarding cooperating with and compensating other Brokerages. Owner authorizes listing Broker to compensate other Brokerages as legally required in the following amounts of U.S. dollars and or percentage of gross sales price: Buyer Agency % and or $ ; Transaction Brokerage (Non Agency) % and or $ ; Sub Agency % and or $ ; Other . TERMS: As follows: Broker agrees to employ Broker's best efforts to sell or to secure a contract for the sale of the property for a price of Dollars ($ ) and in return Owner agrees to pay Broker a fee of $ or a commission of % of gross sales price if Broker, Owner, another broker, or any other person or company produces a Buyer who is ready, willing, and able to purchase the property on the terms described above or on any terms acceptable to Owner. Owner understands that Broker shall pay cooperating brokers a fee of $ or a commission of % of gross sales price. Owner and Broker agree that there shall be no variation or exception in the amount of the fee or commission to be paid, unless specified under Paragraph 27. The brokerage fee shall be earned, due and payable when an agreement to purchase, option, exchange, lease or trade is signed by Owner. However, if Owner shall fail or refuse to sell the described property for the price and terms set forth herein, or if Owner shall fail or refuse to complete the sale of such property under any written Agreement to Buy and Sell Real Estate to which Owner has agreed, Broker's full fee shall be due and payable by Owner. 3. A.
[___] OWNER, [___] OWNER, AND [___] BROKER HAVE READ THIS PAGE. Keller Williams Realty,1030 Assembly Drive Fort Mill,SC 29708 Phone: (803)517-3610 Fax: Deborah Storin Produced with zipFormÂŽ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Form 220 PAGE 1 OF 5
Owner agrees to pay all costs, including reasonable attorney's fees, which may be incurred by Broker in the collection of a fee due by Owner under this Agreement. Broker agrees to defer the commission until the closing date or extension thereof stated in the agreement or until default by Owner. Deferral is agreed to solely as an accommodation to Owner and such deferral shall in no way be construed as a waiver of the brokerage fee. Closing Attorney is hereby irrevocably directed to deduct and pay said Broker's fee from the proceeds of the sale. If the property is sold within days of the expiration or termination of this Agreement (which shall be the "protection period") to a Buyer to whom the property was shown by Owner, Broker, another broker, or any other person or firm during the term of this Agreement, Broker's full fee shall be payable by Owner. The protection period shall be terminated if Owner enters into a listing agreement with another broker during the protection period. B. For purposes of this Agreement, a sale shall be defined as any transfer of a legal, equitable or beneficial interest in the subject property, whether for money or in exchange of other property, and shall include, but not be limited to, any transfer of the ownership interest in any corporation, limited partnership, partnership, or other entity. 4. EARNEST MONEY: Owner authorizes and designates Escrow Agent, as designated by the sales agreement, to accept and hold on behalf of Owner any earnest money or escrow deposit made in accordance with the terms of any agreement to buy and sell real estate for the property. In the event of default or forfeiture by a prospective buyer, Owner will reimburse Escrow Agent any costs incurred by Escrow Agent including attorney's fees as a result of the release of payment to Owner of any of the earnest money deposited, and such reimbursement may be made by Broker from the earnest money deposit. All earnest money will be deposited in Escrow Agent's escrow account. OWNER UNDERSTANDS THAT, UNDER ALL CIRCUMSTANCES, INCLUDING DEFAULT, BROKER WILL NOT DISBURSE EARNEST MONEY TO EITHER PARTY UNTIL BOTH PARTIES HAVE EXECUTED AN AGREEMENT AUTHORIZING THE DISBURSEMENT OR UNTIL A COURT OF COMPETENT JURISDICTION HAS DIRECTED A DISBURSEMENT. 5. SIGNS: Owner grants to Broker the exclusive right to display "For Sale," "Under Contract," "Sale Pending," (or other similar) signs on the property and to remove other such signs. 6. BROKER'S DUTY: Broker agrees to employ the best efforts of Broker and Broker's agents and staff to secure a contract of sale for the described property upon such terms as may be agreeable to Owner. Broker's efforts shall include directing the efforts of Broker's organization to bring about the sale, advertising the described property as Broker deems advisable in those advertising media of merit customarily used in the area, furnishing such additional information as is necessary to cooperating real estate brokers and assisting such brokers in effecting a sale of property, and keeping Owner informed as to the progress of Broker's efforts in finding a Buyer for the described property. Owner understands the Broker makes no representation or guarantee as to the sale of the property. Upon the termination or completion of this Agreement, Broker shall keep confidential all information received during the course of this Agreement which was made confidential by written request or instructions from the client, except as provided for under South Carolina law. 7. BROKER LIABILITY LIMITATION: Owner agrees Broker provided Owner with benefits, services, assistance, and value in bringing about this Contract. In consideration and recognition of the risks, rewards, compensation and benefits arising from this transaction to Broker, Owner agrees that he shall pay Broker's attorney fees and that Broker, shall not be liable to Owner, in an amount exceeding that Broker's Compensation by reason of any act or omission, including negligence, misrepresentation, errors and omission, or breach of undertaking, except for intentional or willful acts. This limitation shall apply regardless of the cause of action or legal theory asserted against Broker, unless the claim is for an intentional or willful act. This limitation of liability shall apply to all claims, losses, costs, damages or claimed expenses of any nature from any cause(s), except intentional or willful acts, so that the total liability of Broker shall not exceed the amount set forth herein. Owner will indemnify and hold harmless and pay attorneys fees for Broker from breach of contract, any negligent or intentional acts or omissions by any Parties, Inspectors, Professionals, Service Providers, Contractors, etc. including any introduced or recommended by Broker. Owner agrees that there is valid and sufficient consideration for this limitation of liability and that Broker is the intended third-party beneficiary of this provision. 8. A. B. C. D. E.
OWNER'S DUTY: Owner agrees as follows: To furnish Broker with complete and reliable information concerning ownership and the operation of the property, and any encumbrances or liens affecting the property; and To inform Broker of any inquiries (including inquiries from other brokers) or negotiations concerning the sale of the property; and To permit inspection and showing of the property by Broker, Broker's Agents, Subagents, Buyer's Agent, and by such agents, subagents and prospective buyers as deemed reasonably necessary by Broker, and to cooperate in the scheduling and carrying out of such showings and inspections as is necessary; and To permit the offering for sale of the property to prospective buyers without regard to age, sex, race, creed, color, religion, national origin, handicap or familial status; and To permit Broker to incur, or pay on behalf of Owner reasonable expenses for repairs, inspection, utilities, maintenance, or similar expenses not to exceed $ for each separate expense, and to reimburse Broker, as necessary, upon receipt of the statement of expenses; and [___] OWNER, [___] OWNER, AND [___] BROKER HAVE READ THIS PAGE. Produced with zipFormÂŽ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
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Form 220 PAGE 2 OF 5
F. G.
H.
I. J. K. L. M.
To allow closing attorney to pay Broker's compensation in an amount equal to the compensation provided above from Owner's proceeds at time of closing; and To grant to Broker the authority and approval to list and publish all sales data pertaining to the sale and closing of the hereinabove described property. Owner understands and acknowledges that sales data are published for the use and information of the members of all the Boards/Associations of REALTORSÂŽ and the Multiple Listing Services (MLS) of which Broker is a member; for their use of same in marketing and selling of all properties listed in said publication; and To permit Broker to take photographs of the Owner's property described herein for advertising and marketing purposes in any advertising medium of the Broker's choice. Owner understands and acknowledges that all marketing materials, including but not limited to photographs, brochures, and websites, developed for the sale of the subject property shall remain the property of the Broker; and To convey marketable title to the buyer in fee simple free from all liens except those stipulated herein, subject to existing zoning and government restrictions, applicable owner's association assessments and restrictive conditions and covenants of record which do not materially affect the present use of the property; and To authorize Owner's attorneys and the settlement agent to furnish to Broker copies of the final HUD-1 settlement statement for the transaction prior to the closing date; and Not to deal directly with prospective buyers of this property during the period of this agency and shall refer any inquiries received directly and immediately to the Broker; and To authorize the Broker, in response to inquiries from buyers or cooperating brokers, to divulge the existence of offers on the property; and To furnish Broker with written instructions regarding the confidentiality of information upon termination or completion of this Agreement which was received during the course of this Agreement in accordance with South Carolina law.
9. PROPERTY INFORMATION/SELLER'S PROPERTY DISCLOSURE STATEMENT: Owner warrants that, to Owner's knowledge, there are no material defects, hidden or obvious, in or on the property, which have not been disclosed to Broker in writing. Owner further warrants that Owner has reviewed and completed a Seller's Property Disclosure Statement, as required by South Carolina Code of Laws, as amended, Section 27-50-10, et.seq., attached to and made a part of this Agreement, and that all such information is accurate to the best of Owner's knowledge. If the Owner discovers, after his delivery of a disclosure statement to a Buyer, a material inaccuracy in the disclosure statement or the disclosure is rendered inaccurate in a material way by the occurrence of some event or circumstance, the owner shall correct promptly the inaccuracy by delivering a corrected disclosure statement to the Buyer or make reasonable repairs necessitated by the occurrence before closing. An owner who knowingly violates or fails to perform any duty prescribed by any provision of this article or who discloses any material information on the disclosure statement that he knows to be false, incomplete, or misleading is liable for actual damages proximately caused to the Buyer and court costs. Owner agrees to defend, indemnify, and hold harmless the Broker, Broker's agents, or subagents, including indemnification for attorney's fees and court costs, from any and all claims arising out of any information or omission of information presented to Broker by Owner. Owner agrees to disclose to the Broker any known latent defects of the herein described property which are not readily ascertainable upon view including land, improvements, and personal property to be conveyed, and to hold said Broker harmless for any liabilities or damages arising from such defects. Owner will not hold Broker liable for the Owner's refusal or failure to provide a prospective purchaser with a disclosure statement. Owner agrees to allow Broker to provide copies of the disclosure statement to prospective buyers. The Owner understands and agrees that Broker has fully met the requirements of Section 27-50-70 of the South Carolina Code of Laws, as amended. 10. DISCLOSURE: Owner authorizes Broker to disclose information about the property to Broker's agents, subagents, prospective buyers, and all inquiring parties. Such disclosure shall be in accordance with Broker's company policy. Owner hereby authorizes anyone having a lien against the property including the mortgage holder, to disclose complete information about the lien to Broker and Closing Attorney or Agent. 11. TAXES: Owner covenants and agrees to comply with the provisions of the South Carolina Code Section 12-8-580 (as amended) regarding withholding requirements of owners who are not residents of South Carolina as defined in the said statute. The payment of rollback taxes, if applicable, and past personal property taxes, if applicable, shall be negotiated between the Owner and any prospective buyer. 12. COASTAL TIDELANDS & WETLANDS ACT: In the event the property is affected by the provisions of the South Carolina Coastal Tidelands & Wetlands Act (Section 48-39-10, et. seq., South Carolina Code of Laws), an addendum will be attached to the sales agreement incorporating the required disclosures. The payment of any necessary surveys shall be negotiated between the Owner and any prospective buyer. 13. MULTIPLE LISTING SERVICE: The property shall be shall not be entered into the Multiple Listing Services of which Broker is a member, which shall constitute an offer of cooperating brokerage to all members of the listing service. Owner agrees that Broker may compensate an agent representing the buyer from the fee described above. 14. LOCKBOX: Owner agrees does not agree for a MLS lock box to be installed on the property to facilitate showing and inspection of the property. Owner acknowledges and agrees that neither Broker, nor Broker's agents, subagents, or anyone showing the property through the MLS, shall be responsible for any damage to, or loss of personal property, or to the realty, except such damage or loss as may be caused by the negligence of such party. [___] OWNER, [___] OWNER, AND [___] BROKER HAVE READ THIS PAGE. Produced with zipFormÂŽ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
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Form 220 PAGE 3 OF 5
Owner further acknowledges that Broker nor MLS is an insurer against the loss of personal property and agrees to release Broker and MLS from any responsibility therefore. 15. INTERNET MARKETING: Owner agrees does not agree that the listing may be placed in electronic marketing mediums including, but not limited to, the internet, MLS Internet Data Exchange (IDX) program or other similar on-line computer services and to share listing data, including the property address, with other members of MLS for marketing and advertising purposes only. Owner further agrees to permit other real estate firms who belong to any listing service of which Broker is a member to advertise the listing on the internet in accordance with the listing service rules and regulations. 16. OTHER OFFERS: Owner understands that the Broker's responsibility to present offers to purchase to the Owner for Owner's consideration terminates at the closing of the subject property or expiration of this Agreement, whichever occurs first. 17. MARKETING THE PROPERTY: The Broker shall not continue marketing the property after an offer has been accepted, unless requested in writing by the Owner to do so. 18. NO CONTROL OF COMMISSION RATES OR FEES: The Broker's compensation for services rendered in respect to any listing is solely a matter of negotiation between the Broker and the Owner and is not fixed, controlled, suggested, recommended, or maintained by the board/association, the MLS, or by any persons not a party to the listing agreement. The subagency compensation paid by the Listing Broker to a Cooperating Broker or Buyer's Broker in respect to any listing is established by the Listing Broker in Broker's offer of subagency, and is not fixed, controlled, suggested, recommended or maintained by the board/association, the MLS or by any persons other than the Listing Broker. 19. MAINTENANCE: Owner agrees to maintain the property, including lawn, shrubbery, and grounds until the day of closing or possession, whichever occurs first. Owner also warrants that all heating, air conditioning, electrical, and plumbing systems as well as built-in or appurtenant equipment or appliances shall be in operative condition on the day of closing or possession, whichever occurs first. Unless otherwise agreed herein, Owner shall deliver the premises to the Buyer with no broken panes; no torn or missing door screens or window screens; and with no missing or broken hardware, lighting, or plumbing fixtures. 20. AGREEMENT TO SELL: When a Buyer is found for said property, the Owner shall enter into a written sales agreement which will contain the terms and conditions of sale, the customary provisions as to the examination of the title, the curing of any defects in title, the prorations of taxes, rents, and applicable property expenses. 21. LEAD-BASED PAINT: For dwellings built before 1978, and as required by applicable law, a Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (the "Disclosure" must be signed by Owner and attached to this Agreement. Owner represents that either (1) the improvements on the property were all constructed after December 31, 1977, or (2) the Disclosure has been fully completed and is attached to this Agreement. Owner agrees to provide Broker with any such additional information or reports as may come to Owner's possession during the term of this Agreement. Owner acknowledges that Broker has informed Owner of the Owner's obligations to provide a buyer of the property with the pamphlet "Protect Your Family from Lead in Your Home," to provide information to a buyer of the property with copies of available records and reports with respect to the property and lead-based paint and lead-based paint hazards, all pursuant to 42USC4582(d), as amended. 22. MEDIATION CLAUSE: Any dispute or claim arising out of or relating to this Agreement, the breach of this Agreement or the services provided in relation to this Agreement, shall be submitted to mediation in accordance with the Rules and Procedures of the Dispute Resolution System of the NATIONAL ASSOCIATION OF REALTORSÂŽ. Disputes shall include representations made by Owner or Broker in connection with the services to which this Agreement pertains, including without limitation, allegations of concealment, misrepresentation, negligence and/or fraud. Any agreement signed by the parties pursuant to the mediation conference shall be binding. This mediation clause shall survive for a period of 120 days after the date of the closing. 23. FAIR HOUSING: Owner and Broker agree that this property is offered without regard to race, color, religion, sex, handicap, familial status, or national origin and is listed in full compliance with local, state, and federal fair housing laws. 24. FACSIMILE: The parties agree that this Agreement may be communicated by use of a fax, or other secure electronic means, including but not limited to the internet, and the signatures, initials and handwritten or typewritten modifications to any of the foregoing shall be deemed to be valid and binding upon the parties as if the original signatures, initials and handwritten or typewritten modifications were present on the documents in the handwriting of each party. 25. ENFORCEMENT: The parties agree that Broker may take action to enforce this Agreement or collect any associated costs, fees, and damages. Owner agrees to reimburse or indemnify or pay all Broker costs in enforcing this Agreement or collecting costs, fees, and damages including any incidental expenses or attorneys fees.
[___] OWNER, [___] OWNER, AND [___] BROKER HAVE READ THIS PAGE. Produced with zipFormÂŽ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
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Form 220 PAGE 4 OF 5
26. SEX OFFENDER/CRIMINAL INFORMATION: Seller agrees that Broker is not responsible for obtaining or disclosing information in the SC Sex Offender Registry and no course of action may be brought against the Broker for failure to obtain or disclose sex offender or criminal information. Seller agrees that they have sole responsibility to obtain their own sex offender, death, psychological stigma, clandestine laboratory, and crime information from sources (e.g. law enforcement, P.I., web). The Seller may obtain information about the Sex Offender Registry and persons registered with the Registry by contacting the local county Sheriff or other appropriate law enforcement officials. 27.
OTHER TERMS AND CONDITIONS:
THE UNDERSIGNED HEREBY WARRANT THAT THEY OWN THE PROPERTY AND/OR HAVE THE AUTHORITY TO EXECUTE THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT. OWNER SHALL SEEK FURTHER ASSISTANCE IF THE CONTENTS ARE NOT UNDERSTOOD. OWNER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND COPY OF THE SC DISCLOSURE OF REAL ESTATE BROKERAGE RELATIONSHIPS FORM. OWNER AGREES TO RECEIVE COMMUNICATIONS FROM BROKER AT THE EMAIL ADDRESS, PHONE AND FAX NUMBER LISTED BELOW. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties. Date
Owner: Email:
Time
Phone:
Fax:
Witness:
Date
Time
Owner:
Date
Time
Email:
Phone:
Witness:
Fax: Date
Time
Owner's Mailing Address:
Real Estate Firm:
By:
Keller Williams
Phone:
Date
Time
The foregoing form is available for use by the entire real estate industry. The use of the form is not intended to identify the user as a REALTOR®. REALTOR® is the registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its Code of Ethics. Expressly prohibited is the duplication or reproduction of such form or the use of the name "South Carolina Association of REALTORS®" in connection with any written form without the prior written consent of the South Carolina Association of REALTORS®. The foregoing form may not be edited, revised, or changed without the prior written consent of the South Carolina Association of REALTORS®.
© 2017 South Carolina Association of REALTORS®. 1/2017
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STATE OF SOUTH CAROLINA RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT
The South Carolina Code of Laws (Title 27, Chapter 50, Article 1) requires that an owner of residential real property (single family dwelling unit or a single transaction involving transfer of four dwelling units or less) shall provide to a purchaser this completed and signed disclosure statement prior to forming a real estate contract. This disclosure must be provided in connection with any sale, exchange, installment land sale, and lease with an option to purchase contract. This disclosure statement is not required in connection with transactions listed and exempted by South Carolina Code Section § 27-50-30. Owners should answer the questions fully, honestly, and appropriately by attaching documents, checking a box for each check box question, and writing in the blanks on this disclosure statement. If a question is answered “yes” or asks for a description, then owner must explain or describe the issue or attach a descriptive report from an engineer, contractor, pest control operator, expert, or public agency. If owner attaches a report, owner shall not be liable for inaccurate or incomplete information in the report unless owner was grossly negligent in obtaining or transmitting the information. If owner fails to check “yes” or make a disclosure and owner knows there is a problem, owner may be liable for making an intentional or negligent misrepresentation and may owe the purchaser actual damages, court costs, and attorney fees. If a question is answered “no” for any question, the owner is stating that owner has no actual knowledge of any problem. If a question is answered “no representation” for any question, owner is stating that owner is making no representation regarding the conditions or characteristics of the property, but owner still may have a duty to disclose information that is known or should have been known. If a question is answered and subsequently new information is obtained or something changes to render the owner’s answer incorrect, inaccurate, or misleading (example: roof begins to leak), owner must promptly correct the disclosure. In some situations, the owner may notify the purchaser of the correction. In some situations, the owner may correct or repair the issue. If owner is assisted in the sale of property by a real estate licensee, owner remains solely responsible for completing and delivering this disclosure statement to the purchaser. The real estate licensee must disclose material facts about the property if the real estate licensee knows or reasonably should have known about the issue, regardless of owner responses on this disclosure. Owner is solely responsible to complete this disclosure as truthfully and fully as possible. Owner and purchasers are solely responsible to consult with their attorneys regarding any disclosure issues. By signing below, owners acknowledge their duties and that failure to disclose known material information about the property may result in owner liability. Owner must provide the completed disclosure statement to the purchaser prior to the time the owner and purchaser sign a real estate contract unless the real estate contract states otherwise. Owner should provide a signed copy to the purchaser and keep a copy signed by the purchaser. A real estate contract, not this disclosure, controls what property transfers from owner to purchaser. Property Address (including unit # or identifier)_________________________________________________________ __________________________________________________________________________________________
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 1 of 5. REV: 7/2013
Apply this question below and the three answer choices to the numbered issues (1-14) on this disclosure. As owner, do you have any actual knowledge of any problem(s)* concerning? *Problem includes present defects, malfunctions, damages, conditions, or characteristics.
I. WATER SUPPLY AND SANITARY SEWAGE DISPOSAL SYSTEM Yes 1. Water supply .......................................................................................................................................... 2. Water quality ......................................................................................................................................... 3. Water pressure ....................................................................................................................................... 4. Sanitary sewage disposal system for any waste water ...........................................................................
No
No Representation
A. Describe water supply
County
City
Private
Corporate
Community
Well
B. Describe water disposal
Septic
Sewer
Private
Corporate
Government
Other__________________
C. Describe water pipes
PEX
Copper
PVC/CPVC
Steel
Other/Unknown___________
Polybutylene
Other__________
II. ROOF, CHIMNEYS, FLOORS, FOUNDATION, BASEMENT, AND OTHER STRUCTURAL COMPONENTS AND MODIFICATIONS OF THESE STRUCTURAL COMPONENTS Yes
No
No Representation
5. Roof system ......................................................................................................................................... 6. Gutter system ...................................................................................................................................... 7. Foundation, slab, fireplaces, chimneys, wood stoves, floors, basement, windows, driveway, storm windows/screens, doors, ceilings, interior walls, exterior walls, sheds, attached garage, carport, patio, deck, walkways, fencing, or other structural components including modifications ................................... A. Approximate year that current roof covering was installed or modified:_______. Approximate year structure was built:_____________ B. During your ownership, describe any known roof system leaks and repairs:__________________________________________
III. PLUMBING, ELECTRICAL, HEATING, COOLING, AND OTHER MECHANICAL SYSTEMS
Yes
No
No Representation
8. Plumbing system (pipes, fixtures, water heater, disposal, softener, plumbing components) ................. 9. Electrical system (wiring, panel, fixtures, A/V wiring, outlets, switches, electrical components)............ 10. Appliances (range, stove, ovens, dishwasher, refrigerator, washer, dryer, other appliances) ................ 11. Built-in systems and fixtures (fans, irrigation, pool, security, lighting, A/V, other) ............................... 12. Mechanical systems (pumps, garage door opener, filtration, energy equipment, safety, other) ........... 13. Heating system(s) (HVAC components) ................................................................................................ 14. Cooling system(s) (HVAC components) .................................................................................................
Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 2 of 5.
A. Describe Cooling System
Central
Ductless
Heat Pump
Window
Other__________________________
B. Describe Heating System C. Describe HVAC Power
Central Oil
Ductless Gas
Heat Pump Electric
Furnace Solar
Other__________________________ Other__________________________
D. Describe HVAC system approximate age and any other HVAC system(s): _____________________________________________ __________________________________________________________________________________________
IV. PRESENT OR PAST INFESTATION OF WOOD DESTROYING INSECTS OR ORGANISMS OR DRY ROT OR FUNGUS, THE DAMAGE FROM WHICH HAS NOT BEEN REPAIRED A. Describe any known present wood problems caused by termites, insects, wood destroying organisms, dry rot or fungus: __________________________________________________________________________________________ B. Describe any termite/pest treatment, coverage to property, name of provider, and termite bond (if any): __________________________________________________________________________________________ C. Describe any known present pest infestations: __________________________________________________________________________________________
V. THE ZONING LAWS, RESTRICTIVE COVENANTS, BUILDING CODES, AND OTHER LAND USE RESTRICTIONS AFFECTING THE REAL PROPERTY, ANY ENCROACHMENTS OF THE REAL PROPERTY FROM OR TO ADJACENT REAL PROPERTY, AND NOTICE FROM A GOVERNMENTAL AGENCY AFFECTING THIS REAL PROPERTY
Apply this question below and the three answer choices to the numbered issues (15-23) on this disclosure. As owner, do you have any actual knowledge or notice concerning the following: Yes
No
No Representation
15. Violations or variances of the following: zoning laws, restrictive covenants, building codes, permits or other land use restrictions affecting the real property ........................................................................... 16. Easements (access, conservation, utility, other), party walls, shared private driveway, private roads, released mineral rights, or encroachments from or to adjacent real property ............................................ 17. Legal actions, claims, foreclosures, bankruptcies, tenancies, judgments, tax liens, other liens, insurance issues, or governmental actions that could affect title to the property ...................................... 18. Room additions or structural changes to the property during your ownership .................................... 19. Problems caused by fire, smoke, or water to the property during your ownership ............................... 20. Drainage, soil stability, atmosphere, or underground problems affecting the property ........................ 21. Erosion or erosion control affecting the property ................................................................................. 22. Flood hazards, wetlands, or flood hazard designations affecting the property ..................................... 23. Flood insurance covering the property ................................................................................................. A. Describe any green energy, recycling, sustainability or disability features for the property:__________________________________ B. Describe any Department of Motor Vehicles titled manufactured housing on the property:__________________________________ Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 3 of 5.
VI. BURIED, UNBURIED, OR COVERED PRESENCE OF THE FOLLOWING: LEAD BASED PAINT, LEAD HAZARDS, ASBESTOS, RADON GAS, METHANE GAS, STORAGE TANKS, HAZARDOUS MATERIALS, TOXIC MATERIALS, OR ENVIRONMENTAL CONTAMINATION A. Describe any known property environmental contamination problems from construction, repair, cleaning, furnishing, intrusion, operating, toxic mold, methamphetamine production, lead based paint, lead hazards, asbestos, radon gas, methane gas, formaldehyde, corrosion-causing sheetrock, storage tanks, hazardous materials, toxic materials, environmental contamination, or other: ___________________________ __________________________________________________________________________________________
VII. EXISTENCE OF A RENTAL, RENTAL MANAGEMENT, VACATION RENTAL, OR OTHER LEASE CONTRACT ANTICIPATED TO BE IN PLACE ON THE PROPERTY AT THE TIME OF CLOSING A. Describe the lease terms and any leasing problems, if any: ____________________________________________________ __________________________________________________________________________________________ B. State the name and contact information for any property management company involved (if any): ____________________________ __________________________________________________________________________________________ C. Describe known outstanding charges owed by tenant for gas, electric, water, sewer, and garbage: _____________________________ __________________________________________________________________________________________
VIII. THE EXISTENCE OF A METER CONSERVATION CHARGE, AS PERMITTED BY SECTION 58-37-50 THAT APPLIES TO ELECTRICITY OR NATURAL GAS SERVICE TO THE PROPERTY A. Describe any utility company financed or leased property on the real property: ________________________________________ B. Describe known delinquent charges for real property’s gas, electric, water, sewer, and garbage: ______________________________
IX. PLEASE USE THE SPACE BELOW FOR “YES” ANSWER EXPLANATIONS AND ATTACH ANY ADDITIONAL SHEETS OR RELEVANT DOCUMENTS AS NEEDED __________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ Owner: (____) (____) Purchaser (____) (____) acknowledge receipt of a copy of this page which is page 4 of 5.
This disclosure does not limit the obligation of the purchaser to inspect the property and improvements which are the subject of the real estate contract. Purchaser is solely responsible for conducting their own off site conditions and psychologically affected property inspections prior to entering into a real estate contract. The real estate licensees (acting as listing or selling agents, or other) have no duty to inspect the on site or off site conditions of the property and improvements. Purchasers should review all applicable documents (covenants, conditions, restrictions, bylaws, deeds, and similar documents) prior to entering into any legal agreements including any contract. The South Carolina Code of Laws describes the Residential Property Condition Disclosure Statement requirements and exemptions at § 27-50-10 (and following) which can be read online (www.scstatehouse.gov or other websites). Current status of property or factors which may affect the closing: Owner occupied Leased
Short sale Foreclosure
Bankruptcy Estate
Vacant (How long vacant?) _____________________ Other: _________________________________
A Residential Property Condition Disclosure Statement Addendum is is not completed and attached. This addendum should be attached if the property is subject to covenants, conditions, restrictions, bylaws, rules, or is a condominium. Owner acknowledges having read, completed, and received a copy of this Residential Property Condition Disclosure Statement before signing and that all information is true and correct as of the date signed. Owner Signature: _________________________________________Date: __________________Time:_____________ Owner Printed Name: ____________________________________________________________________________ Owner Signature: _________________________________________Date: __________________Time:_____________ Owner Printed Name: ____________________________________________________________________________ Purchaser acknowledges prior to signing this disclosure: t t t t t
Receipt of a copy of this disclosure t t Purchaser has examined disclosure Purchaser had time and opportunity for legal counsel t This disclosure is not a warranty by the real estate licensees This disclosure is not a substitute for obtaining inspections of on site and off site conditions
This disclosure is not a warranty by the owner Representations are made by the owner and not by the owner’s agents or subagents Purchasers have sole responsibility for obtaining inspection reports from licensed home inspectors, surveyors, engineers, or other qualified professionals
Purchaser Signature: _______________________________________Date: __________________Time:_____________ Purchaser Printed Name: __________________________________________________________________________ Purchaser Signature: _______________________________________Date: __________________Time:_____________ Purchaser Printed Name: __________________________________________________________________________
Page 5 of 5.
STATE OF SOUTH CAROLINA RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT ADDENDUM
Prior to signing contract, owner shall provide this disclosure addendum to the purchaser if the property is subject to a homeowners association, a property owners association, a condominium owners association, a horizontal property regime, or similar organizations subject to covenants, conditions, restrictions, bylaws or rules (CCRBR). These organizations are referred to herein as an owners association. Purchasers should review the applicable documents (covenants, conditions, restrictions, bylaws, deeds, condominium master deed, and similar documents), all related association issues, and investigate the owners association prior to entering into any legal agreements including a contract. Owners association charges include any dues, fees, assessments, reserve charges, or any similar charges. Purchasers are solely responsible to determine what items are covered by the owners association charges. Property Address: Describe owners association charges: $
Per
(month/year/other)
What is the contact information for the owners association?
As owner do you have any actual knowledge of answers to the following questions? Please check the appropriate box to answer the questions below. Yes
No
No Representation
1. Are there owners association charges or common area expenses? 2. Are there any owners association or CCRBR resale or rental restrictions? 3. Has the owners association levied any special assessments or similar charges? 4. Do the CCRBR or condominium master deed create guest or visitor restrictions? 5. Do the CCRBR or condominium master deed create animal restrictions? 6. Does the property include assigned parking spaces, lockers, garages or carports? 7. Are keys, key fobs or access codes required to access common or recreational areas? 8. Will any membership other than owner association transfer with the properties? 9. Are there any known common area problems? 10. Is property or common area structures subject to South Carolina Coastal Zone Management Act? 11. Is there a transfer fee levied to transfer the property?* (* Question does not include recording costs related to value or deed stamps.) Explain any yes answers in the space below and attach any additional sheets or relevant documents as needed:
Owner signature:
Date:
Time:
Owner signature:
Date:
Time:
Purchaser signature:
Date:
Time:
Purchaser signature:
Date:
Time:
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AGREEMENT/CONTRACT: TO BUY AND SELL REAL ESTATE (RESIDENTIAL)
1. PARTIES: This legally binding Agreement (“Contract”) To Buy and Sell Real Estate is entered into by: Buyer(s), (“Buyer”), and Seller(s), (“Seller”). (A) “Party” - defined as either Buyer or Seller, “Parties” defined as both Buyer and Seller. (B) “Brokers” are licensed South Carolina brokers-in-charge, their associated real estate licensees, and their subagents. (C) “Closing Attorney” - is the licensed South Carolina attorney selected by Buyer to coordinate the transaction and Closing. , (D) “Effective Date” - the final date upon which a Party to the negotiation places the final and required signatures and/or initials and date on this Contract and Delivers Notice to initially cause this primary Contract to be binding on all Parties. (E) "Business Day" - a 24 hour period (Monday/Tuesday/Wednesday/Thursday/Friday) beginning at 10 AM and counted from 10 AM of the first Business Day following the appropriate date (Effective Date, Closing Date, stated date, Notice Delivery date). Business Days shall not begin, end, or include any Saturday, Sunday, or Federal legal holiday. (F) “Good Funds” - is the transfer of the required amount of United States Dollars (USD) within any required timeframe. (G) “Time” - all time stated shall be South Carolina local time. Time is of the essence with respect to all provisions of this Contract stipulating time, deadline, or performance periods. BUYER
SELLER IS A SOUTH CAROLINA REAL ESTATE LICENSEE
2. PURCHASE PRICE: $ Payable by transfer of Good Funds via Finance or a combination of Finance and Cash USD or Cash USD. attached not attached to be Delivered before Verification of Cash available for Closing is . This Contract is is not contingent upon the sale and closing of Buyer's real property and SCR504 is is not not attached. 3. PROPERTY: Hereby acknowledging sufficient good Contract consideration (e.g. mutual promises herein), Seller will sell and convey and Buyer will buy for the Purchase Price any and all lot or parcel of land, appurtenant interests, improvements, landscape, systems, and fixtures if any thereon and further described below ("Property"). Seller agrees to maintain in operable condition the Property and any personal property conveying in same operable condition, including any landscaping, grounds and any agreed upon repairs or replacements, from the Effective Date through Closing subject to normal operable wear and tear. Buyer acknowledges opportunity to inquire about owners association issues, common area issues, condominium master deed issues, assigned parking/storage areas, memberships, lease issues and financed equipment prior to signing Contract. Leasing issues and items and financed equipment see Adjustments (e.g. tenants, leases, future vacation renters, SC vacation rental act reservations, rents, deposits, documents, solar panels, fuel tanks with fuel, alarm systems, satellite equipment, roll carts). Address Unit # City State of South Carolina Zip County of Lot Block Section/Phase Subdivision Other Tax Map Parties agree that no personal property will transfer as part of this sale, except described below and/or in attachment(s):
4. CONVEYANCE/CLOSING/POSSESSION: “Closing” occurs when Seller conveys Property to Buyer and occurs no later than 5 PM on or before , (“Closing Date”) with an automatic extension of business days for an unsatisfied contingency through no fault of either party. Conveyance shall be fee simple made subject to all easements, reservations, rights of way, restrictive covenants of record (provided they do not make the title unmarketable or adversely affect the use/value of the Property in a material way) and to all government statutes, ordinances, rules, permits, and regulations. Seller agrees to convey marketable title with a properly recorded general warranty deed free of encumbrances and liens except as herein stated; and in name(s): [
] BUYER [
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Keller Williams Realty,1030 Assembly Drive Fort Mill,SC 29708 Phone:(803)517-3610 Fax: Deborah Storin Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
and ownership type determined by Buyer. The deed shall be delivered to the Closing Attorney's designated place on or before the Closing Date no later than 10 AM. Seller agrees to pay all statutory deed recording fees. Parties agree the Brokers shall have access to the closing and relevant documents; and the Brokers shall be given copies of the settlement statement prior to Closing for review. Parties agree to hire/use licensed Attorney(s). Seller shall convey possession of a vacant and reasonably clean Property, free of debris, along with all keys, codes, any remote controls, available documents (e.g. manuals, equipment warranties, service information) and similar ownership items to Buyer at Closing. 5. EARNEST MONEY: Total $ (USD) Earnest Money is paid as follows: $ accompanies this offer and $ will be paid within Business Days after Effective Date and Earnest Money is in the form of check cash other (e.g. wire) to be a Credit to Buyer at Closing or disbursed only as Parties agree in writing or by court order or by Contract or as required for Closing by Closing Attorney. Buyer and seller authorize as Escrow Agent to deposit and hold and disburse earnest money according to the terms of any separate escrow agreement, the law, and any regulations. Broker does not guarantee payment of a check or checks accepted as earnest money. Parties direct escrow agent to communicate reasonable information confirming receipt and status of earnest money upon a Broker request. THE PARTIES UNDERSTAND AND AGREE THAT UNDER ALL CIRCUMSTANCES INCLUDING DEFAULT, ESCROW AGENT WILL NOT DISBURSE EARNEST MONEY DEPOSIT TO EITHER PARTY UNTIL BOTH PARTIES HAVE EXECUTED AN AGREEMENT AUTHORIZING THE DISBURSEMENT (e.g. SCR518, SCR517, mediation agreement) OR UNTIL A COURT OF COMPETENT JURISDICTION HAS DIRECTED A DISBURSEMENT. EARNEST MONEY WILL NOT BE DISBURSED UNTIL DETERMINED TO BE GOOD FUNDS. IF LEGAL ACTIONS OCCUR RELATED TO EARNEST MONEY, PARTY RECEIVING THE LEAST AMOUNT OF EARNEST MONEY IN THE COURT'S DISBURSEMENT ORDER AGREES TO INDEMNIFY ESCROW AGENT'S FEES, COURT COSTS AND ATTORNEY FEES. IF INTERPLEADER IS TO BE UTILIZED, PARTIES AGREE THAT $ SHALL BE PAID TO THE ESCROW AGENT BY THE PARTIES AS COMPENSATION BEFORE ESCROW AGENT INITIATES COURT OF COMPETENT JURISDICTION PROCEEDINGS ON EARNEST MONEY. 6. TRANSACTION COSTS: Buyer’s transaction costs include all costs and closing costs resulting from selected financing, pre-paid recurring items, insurance (mortgage insurance, title insurance lender/owner, flood, hazard) discount points, all costs to obtain information from or pertaining to any owners association (aka certificate of assessment), interest, non-recurring closing costs, title exam, FHA/VA allowable costs, fees and expenses of Buyer's attorney, contractually required real estate broker compensation, and the cost of any inspector, appraiser, or surveyor. Seller's transaction costs include deed preparation, deed recording costs, deed stamps/tax/recording costs calculated based on the value of the Property, all costs necessary to deliver marketable title and payoffs, satisfactions of mortgages/liens and recording, property taxes pro-rated at Closing, contractually required real estate broker compensation, and fees and expenses of Seller's attorney. At Closing, Seller will pay Buyer’s transaction costs not to exceed $ OR % of purchase price, whichever is higher, which includes non-allowable costs first and then allowable costs (FHA/VA). Buyer is responsible for any Buyer's transaction costs exceeding this amount. If the amount exceeds the actual amount of those costs or amount allowed by Lender, then any excess funds will revert to Seller. Seller will also provide or pay for all of Seller's transaction costs. If no Closing, Buyer is responsible for Buyer's transaction costs and Seller responsible for Seller's transaction costs. Private/public transfer fees and any costs similar to transfer fees (e.g. capital contributions, conservancy fees, estoppel fees, or otherwise named but similar fees paid to the owners association) are the Seller’s or Buyer’s transaction costs. Unless otherwise agreed upon in writing, Buyer will pay Buyer's transaction costs and Seller pay Seller's transaction costs. 7. FINANCE: Buyer’s obligation under this Contract is is not contingent upon obtaining financing of a 30 year or 15 year or other purchase money loan at reasonable prevailing market terms with loan(s) equal in amounts to a minimum % and maximum % of the Purchase Price or Appraised Value whichever is lower. ("Financing Contingency"). Financing Contingency expires at Closing ("Financing Period"). Buyer must make timely good faith efforts to apply for and obtain financing while refraining from contrary actions ("Financing Effort"). In a timely manner, Buyer shall inform Seller and Brokers of pertinent financing issues and authorize Buyer's Lender to disclose pertinent loan information to Seller and Brokers ("Financing Disclosure"). Buyer shall apply for financing within Business Days from the Effective Date and shall Deliver Notice to Seller of reasonable pre-final
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loan approval (e.g. pre-approval letter, initial approval letter) that contains no unreasonable credit, income, or asset conditions within Business Days from the Effective Date (no repairs required prior to this Notice). Final loan approval occurs when Lender funds loan(s). If a Lender subsequently declines or fails to approve financing, the Buyer shall notify the Seller and Brokers as soon as possible. If the Seller and Brokers are notified of inability to obtain financing during the Financing Period, either Party may terminate this Contract by Notice. Lender (may change): FHA VA Conventional Seller Other . An FHA VA Financing Addendum is is not attached. Additional financing terms are are not attached. 8. REPAIR PROCEDURE: Parties agree upon Repair Procedure unless a Due Diligence Addendum is agreed upon and part of this Contract. The Due Diligence Addendum (e.g. SCR311) can create advantages for Buyer and Seller by creating a known limited time frame for a Buyer to make a decision to buy or not buy or buy with new terms (e.g. seller agreed repairs, price). Per the Due Diligence Addendum, the Seller can receive money when the Buyer timely/properly terminates for any or no reason under the Due Diligence Addendum. The Due Diligence Addendum covers a broad range of issues, not just repairs/price. The Due Diligence Addendum allows the Buyer to consider on-site and off-site issues. If the Parties agree to a Due Diligence Addendum then during the Due Diligence Period, Buyer may take timely/prudent steps to help Buyer/Inspectors, Seller/Estimators, and Brokers all have adequate time for: Buyer to coordinate Inspections and Repair Requests, Seller to obtain Repair estimates, Buyer and Seller to negotiate Repairs, and Buyer to potentially timely/proper Due Diligence terminate or buy. Delivering a Repair Request does not extend the Due Diligence Period. (A) All Repair Procedure Inspections shall be completed no later than Business Days after the Contract's original primary Effective Date unless the all the Parties agree in writing to extend. In the event repairs are necessary to place the heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems to be conveyed in operative condition, to make the roof free of leaks, to address environmental concerns and to make the improvements structurally sound (Repair Requests); the Seller shall be Delivered Notice in writing of the specific defects or deficiencies no later than 2 Business Days after the Repair Procedure Inspection date mentioned above. If the Buyer fails to notify the Seller within this timeframe, Buyer shall have waived any and all rights under terms of this section. If Lender's commitment requires any additional inspections or certifications, these are to be provided by the Buyer. Buyer at Buyer's expense shall have the privilege and responsibility of inspecting the structure, square footage, environmental concerns including but not limited to mold, radon gas, lead based hazards including lead based paints, wetlands study, appurtenant buildings, heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems, as well as, appurtenant equipment or appliances. (B) No later than Business Days after the date of the Delivered Notice of the Repair Requests, Seller shall Deliver Notice agreeing or not agreeing to make repairs in the Buyer's Repair Requests. The costs of all repairs to heating systems, air conditioning systems, electrical systems, plumbing systems, water supply systems, water waste systems making these systems operable, make roof free of leaks, address environmental concerns, and to make the improvements structurally sound to be paid by Seller ("Seller Paid Repairs"). If the Seller contractually agrees to make all the requested Seller Paid Repairs, the Parties agree to proceed under the amended Contract. The repairs to any other items are the sole responsibility of the Buyer. If the Seller does not timely respond per above or does not agree to make all the Seller Paid Repairs, the Buyer shall within 2 Business Days choose any one of the following options (1) accept the Property in its present condition, (2) negotiate a new/amended Contract with the Seller for the payment of these repairs/price or (3) terminate this Contract by Delivered Notice. IF BUYER FAILS TO ACCEPT, RENEGOTIATE A NEW/AMENDED CONTRACT WITH SELLER, OR TERMINATE CONTRACT BY DELIVERED NOTICE WITHIN 2 BUSINESS DAYS: The Buyer agrees to buy and Seller agrees to sell the Property AS IS. Parties agree "As Is" means Buyer buys the Property for the Purchase Price while Seller maintains the Property from the Effective Date through Closing subject to normal wear otherwise without repair or replacement and sells the Property for the Purchase Price unless otherwise agreed upon in writing by the Parties in this Contract. The obligations of the Seller for repairs terminate upon Closing. IF A DUE DILIGENCE ADDENDUM IS SIGNED, DATED AND TIMED BY ALL PARTIES; THE PARTIES AGREE THAT THE LANGUAGE IN THE DUE DILIGENCE ADDENDUM SHALL REPLACE THE REPAIR PROCEDURE LANGUAGE IN THIS SECTION AND THE PARTIES AGREE THAT THIS TRANSACTION SHALL BE CONDUCTED IN ACCORDANCE WITH THE DUE DILIGENCE ADDENDUM WHICH GRANTS THE BUYER A UNILATERAL RIGHT TO INSPECT THE PROPERTY AND TERMINATE FOR ANY REASON WITH WRITTEN NOTICE AND PAYMENT OF A FEE IN A PERIOD. [
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9. INSPECTION/REINSPECTION RIGHTS: Buyer and SC licensed and insured inspectors (“Inspectors”) reasonably perform any reasonable ultimately non-destructive examination and make reasonable record of the Property with reasonable Notice to Seller through Closing including investigations of off-site conditions and any issues related to the Property at Buyer Expense (“Inspections”). Buyer and persons they choose may make reasonable visual observations of Property. Sellers will make the Property accessible for Inspection and not unreasonably withhold access, unless otherwise agreed in writing by the Parties. Seller will keep all utilities operational through Closing unless otherwise agreed: Seller grants Buyer permission to connect utilities, pay for utilities, and hire professionals (e.g. electricians, plumbers) to safely connect and operate the utilities during the Inspections Other see attached. Buyer will hold harmless, indemnify, pay damages and attorneys fees to Seller and Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Seller will hold harmless, indemnify, pay damages and attorneys fees to Brokers for all claims, injuries, and damages arising out of the exercise of these inspection rights. Brokers recommend that Parties obtain all inspections as soon as possible. Brokers recommend that Parties and Inspectors use insurance to manage risk. 10. APPRAISED VALUE: This Contract is contingent upon the Property being valued according to the Lender’s appraisal or other appraisal as agreed upon by the Parties (“Appraised Value”) for the Purchase Price or higher. If the Parties are made aware that the Appraised Value is less than the Purchase Price and the Seller Delivers Notice to the Buyer within 5 Business Days or Closing (whichever earliest) of an amendment to reduce the Purchase Price to the Appraised Value, the Parties agree to proceed to Closing under terms of this Contract with the Purchase Price amended to be the Appraised Value. If Seller is aware and refuses to reduce as stated above, Buyer may proceed to Closing or terminate this Contract by Delivering Notice of Termination to the Seller. This Contract is not contingent upon the Property being valued at an Appraised Value according to the Lender’s appraisal or other appraisal as agreed upon by the Parties for the Purchase Price or more. 11. WOOD INFESTATION REPORT: If the Property to be sold has been previously occupied, this Contract is contingent not contingent upon the Buyer Seller having the Property inspected at their expense by a qualified/licensed/bonded pest control operator selected by the Buyer Seller. Buyer Seller shall deliver timely Notice of and shall deliver to Closing a CL100 Wood Infestation Report dated no earlier than 30 calendar days prior to Closing and no later than calendar days prior to Closing. If the Buyer is responsible for having the Property inspected as indicated above, but does not have the Property timely inspected for the report's required Delivery time frame, the Buyer waives any and all rights under the terms of this section. The Seller makes no warranties with regard to matters covered by such infestation report or any other improvement unless specifically stated in this Contract. If the wood infestation report reveals the presence or indication of or damages by termite infestation or other wood destroying organisms, Seller shall remedy such deficiencies and shall furnish the Buyer with a CL100 wood infestation report by a qualified/licensed/bonded pest control operator (dated no earlier than 30 calendar days prior to Closing) that the Property is free from infestation or any damage herein mentioned; or documentation that the infestation has been treated and damage has been repaired as appropriate in a workmanlike manner on or before closing and reported by an appropriate licensee. State law and regulations control CL100 issues. If the Seller does not make the repairs and treatment, the Buyer shall have the option to (1) accept the Property in its present condition, (2) negotiate with the Seller for the payment of these repairs and treatment, or (3) terminate this Contract by Delivering Notice of Termination to the Seller. If the Property to be sold has not been previously occupied, Seller shall certify that the Dwelling has been treated by soil poisoning for the prevention of termites and other wood destroying organisms and shall provide at Closing to the Buyer a written certification from a qualified/licensed/bonded pest control operator. The obligations of the Seller under this Section terminate after the Closing. 12. SURVEY, TITLE EXAMINATION, ELEVATION, INSURANCE: Brokers recommend Buyer have Property surveyed, title examined, elevation/wetlands/beachfront determined, and appropriate insurance (e.g. flood, flood contents, hazard, liability, owner's title) effective at Closing. Unless otherwise agreed upon in writing by Parties, Buyer to obtain new insurance policies by Closing and Seller may cancel existing insurance after Closing. Flood Insurance, if required by Lender or at Buyer's option, shall be assigned to Buyer with permission of carrier and premium prorated to Closing. Buyers are solely responsible to investigate pricing, availability, coverage, and requirements of insurance (e.g. flood, flood contents, hazard, liability) for the property prior to signing Contract. 13. SURVIVAL: If any provision herein contained which by its nature or effect is required to be observed, kept, or performed after Closing, it will survive the Closing and remain binding upon for the parties hereto until fully observed, kept or performed. [
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14. HOME WARRANTY COMPANY OPTIONAL COVERAGE (“HWC”): Parties agree that a Home Warranty ordered by with at least twelve months of coverage after Closing Date will not be provided by will Closing and $ will be paid by to the Home Warranty Company. Buyer to pay any deficit and surplus reverts to payor. Proposed HWC and type of HWC: . 15. FIRE OR CASUALTY OR INJURY: In case the Property is damaged wholly or partially by fire or other casualty prior to Closing, Parties will have the right for 5 Business Days after Notice of damage to Deliver Notice of Termination to other Party. If Party does not Deliver Notice of Termination, the Parties proceed according to the Contract and Seller is to be responsible to (1) repair all damage, (2) remit to Buyer an amount sufficient for repairs, or (3) assign to Buyer the right to all proceeds of insurance and remit any deductible amount applicable to such casualty. If Buyer or Inspections caused the damage, Buyer is responsible for indemnifying Seller for damages. Brokers and Parties should ensure that they are protected by appropriate risk management strategies such as insurance. 16. SC RESIDENTIAL PROPERTY CONDITION DISCLOSURE STATEMENT (“CDS”) [check one]: Buyer and Seller agree that Seller has Delivered prior to this Contract, a CDS to Buyer, as required by SC Code of Laws Section 27-50-10 et seq. If after delivery, Seller discovers a CDS material inaccuracy or the CDS becomes materially inaccurate due to an occurrence or circumstance; the Seller shall promptly correct this inaccuracy (e.g. delivering a corrected CDS to the Buyer/making reasonable repairs prior to Closing). Buyer understands the CDS does not replace Inspections. Buyer understands and agrees the CDS contains only statements made by the Seller. Parties agree the Brokers have met requirements of SC Code 27-50-70 and Brokers are not responsible or liable for any information in the CDS. CDS is not a substitute for the Buyers and Inspectors inspecting the Property (related issues/onsite/offsite) "Property issues" for all needs. Buyer and Seller agree that Seller will NOT complete nor provide a CDS to Buyer in accordance with SC Code of Law, as amended, Section 27-50-30, Paragraph (13). Buyers have sole responsibility to inspect Property Issues for all their needs. 17. LEAD BASED PAINT/LEAD HAZARDS: If Property was built or contains items created prior to 1978, it may contain lead based hazards and Parties agree to sign "Disclosure of Information of Lead Based Paint and/or Lead Hazards" forms (e.g. SCR315) and give copies to Brokers. Parties acknowledge receiving and understanding the EPA pamphlet "Protect Your Family From Lead in Your Home." For their protection, Buyers should conduct/obtain Inspections of all Property issues per their needs. 18. SEX OFFENDER/CRIMINAL INFORMATION: Parties agree that Brokers are not responsible for obtaining or disclosing information in the SC Sex Offender Registry and no course of action may be brought against any Brokers for failure to obtain or disclose sex offender or criminal information. Buyer and Seller agree that they have sole responsibility to obtain their own sex offender, death, psychological stigma, clandestine laboratory, and crime information from sources (e.g. law enforcement, P.I., web). The Buyer may obtain information about the Sex Offender Registry and persons registered with the Registry by contacting the local county Sheriff or other appropriate law enforcement officials. 19. TRUST ACCOUNT INTEREST/CHARITABLE CONTRIBUTION: According to the South Carolina Real Estate Commission regulations and South Carolina laws, any interest earned from deposit to Closing on Buyer's earnest money deposit belongs to Buyer. It is understood that Broker may may not place deposited earnest monies into an interest bearing trust account. If Buyer's earnest money deposit is deposited into an interest bearing trust account, Parties agree that Broker will retain all interest earned in said account and may contribute some or all to a charitable enterprise. 20. SC INCOME TAX ON NON-RESIDENT GAIN AND COMPLIANCE AND USA FEDERAL INCOME TAX: Seller and Buyer will comply with the provisions of South Carolina laws [e.g. 12-8-580 (as amended)] regarding state income tax withholding requirements if the Seller is not a resident or has not filed South Carolina state income tax returns. Seller and Buyer will comply with United States of America federal income tax laws. Seller and Buyer should discuss tax laws and minimization actions with their qualified tax advisor. Parties will comply with all local, state, federal laws, and any rules. 21. ENTIRE AND BINDING AGREEMENT (MERGER CLAUSE): Parties agree that this Contract expresses the entire agreement between the parties, that there is no other agreement, oral/otherwise, modifying the terms; and this Contract is binding on Parties and principals, heirs, personal representatives, successors, and assigns. Illegal provisions are severable. 22. ADJUSTMENTS: Buyer and Seller agree to settle or prorate, annually or as appropriate; as of Closing Date: (A) utilities and waste fees issued after Closing which include service for time Property was owned/occupied by Seller (B) real estate taxes and owner association fees/assessments for the calendar year of Closing (C) any rents, deposits, fees associated with leasing (D) insurance, EMS service, fuel/consumables, and assessments. Closing Attorney shall make tax proration based on the available tax information deemed reliable by the Closing Attorney. Should the tax or tax estimate or proration later become inaccurate or change, Buyer and Seller shall make any financial adjustments between themselves once accurate tax information is available and Buyer takes timely reasonable steps to minimize taxes. This section survives Closing. Buyer is solely responsible for timely and reasonably minimizing the Buyer's taxes and obtaining tax minimization procedural information including related legal counsel and financial counsel. Special assessments approved prior to Closing shall be the responsibility of the Seller. Special Assessments approved after Closing shall be the responsibility of the Buyer. [ ] BUYER [ ] BUYER [ ] SELLER [ ] SELLER HAVE READ THIS PAGE 9/2017 FORM 310 PAGE 5 of 8 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026
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23. DEFAULT/BREACH OF CONTRACT: (A) If Seller defaults in the performance of any of the Seller’s obligations under this Contract (“Default”), Buyer may: (i) Deliver Notice of Default to Seller and terminate Contract; and (ii) Pursue any remedies available to Buyer at law or equity; and (iii) Recover attorneys' fees and all other direct costs of litigation if Seller found in default/breach of Contract. (B) If Buyer defaults in the performance of any of the Buyer's obligations under this Contract ("Default"), Seller may: (i) Deliver Notice of Default to Buyer and terminate Contract; and (ii) Pursue any remedies available to Seller at law or equity; and (iii) Recover attorneys' fees and all other direct costs of litigation if Buyer found in default/breach of Contract. (C)If either/both Parties default, Parties agree to sign an escrow deposit disbursement agreement or release agreement. (D)Parties may agree in writing to allow a Cure Period for a default. If within the Cure Period, either Party cures the Default and Delivers Notice, Parties shall proceed under the Contract. 24. MEDIATION: To potentially avoid expensive/lengthy/uncertain litigation, Parties may voluntarily/cooperatively decide which mediator to hire, how to pay the mediator, where to meet for mediation talks, and their own settlement agreement. Mediators do not decide settlement outcomes (Parties decide). Mediators merely facilitate the Parties reaching their own settlement and documenting settlement. Parties agree to attempt mediation for any dispute, claim, breach, representations made by any Party/Broker/other (e.g. concealment, misrepresentation, negligence, fraud) or service issues related to this Contract by using the National Association of REALTORS® Mediation Dispute Resolution System 803-772-5206 or www.NAR.REALTOR/policy/mediation or www.screaltors.org/mediation ). Parties agree that the duty to attempt mediation survives closing and any signed mediation settlement agreement is binding. Parties agree some matters may proceed without mediation (e.g. foreclosure, action to enforce a mortgage or deed of trust or "rent to own" agreement, unlawful detainer action, file/enforce mechanic's lien, probate issues, interpleader action on earnest money). Parties agree some matters are not a waiver of mediation nor a breach of duty to attempt mediation (e.g. filing judicial action enabling recording notice of pending action, order for attachment/receivership/injunction or other provisional remedies). 25. NON-RELIANCE CLAUSE (NOT A MERGER CLAUSE NOR EXTENSION OF A MERGER CLAUSE): Parties execute this Contract freely and voluntarily without reliance upon any statements, representations, inducements, promises, or agreements by Brokers or Parties except as expressly stipulated or set forth in this Contract. If not contained herein, such statements, representations, inducements, promises, or agreements shall be of no force or effect. Parties acknowledge that Brokers are being retained solely as licensed real estate agents and not as any attorney, tax/financial advisor, appraiser, surveyor, engineer, mold or air quality expert, home inspector, or other professional service provider. 26. BROKER DISCLAIMER: Parties acknowledge that Brokers give no warranties or representations of any kind, expressed or implied as to: (1) condition of the Property, including but not limited to termites, radon, mold, asbestos, moisture, environmental issues, water, waste, air quality, HVAC, utilities, plumbing, electrical or structure, etc. (2) condition of the Property, survey or legal matters, square footage (3) off site conditions (4) schools (5) title including but not limited to easements, encroachments, projections, encumbrances, restrictions, covenants, setbacks, and the like (6) fitness for a particular purpose of the Property or the improvements (7) zoning ordinances and restrictions (8) projected income, value, marketability, taxes, insurance, or other possible benefits to Buyer. Parties consent that their Brokers may communicate with them via any means; and use or disclose information not made confidential by written instruction of Parties. 27. BROKERS COMPENSATION: Parties direct Closing Attorney to use settlement funds to collect and disburse Brokers Compensation to Brokers in accordance with agreements and document compensation on the settlement statement. If a Party disputes Brokers Compensation, that Party agrees to retain a South Carolina law firm to escrow only the disputed amount of Brokerage Compensation until the dispute is resolved by a written agreement signed by that Party and the Affected Broker, arbitration award, or court order. Party requesting the escrow shall pay all costs for escrow. If the dispute is not resolved within 180 days of Closing, the escrow shall be disbursed to the Broker. Parties agree that Brokers are third party beneficiaries to this Contract and have standing to seek remedies at law and equity. Parties represent that their only enforceable agency and/or non-agency agreements are with the Brokers disclosed in this Contract. Parties consent to Brokers possibly receiving compensation from the HWC and/or others if compensation is paid in accordance with laws and REALTOR® ethics. NOTICE: THIS IS TO GIVE YOU NOTICE THAT BROKERS HAVE/WILL/MAY RECEIVE COMPENSATION FROM HWC/OTHERS FOR REFERRAL/PROCESSING. YOU ARE NOT REQUIRED TO PURCHASE A HWC OR SIMILAR RESIDENTIAL SERVICE CONTRACT AND IF YOU CHOOSE TO PURCHASE SUCH COVERAGE YOU ARE FREE TO PURCHASE IT FROM ANOTHER PROVIDER.
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28. ATTACHMENTS, OTHER CONTINGENCIES, TERMS, AND/OR STIPULATIONS: There may be attachments to this Contract. The most recent changes, amendments, attachments, contingencies, stipulations, addendum, additions, exhibits, or writings, agreed to by the Parties; is evidence of the Parties' intent and agreement and shall control any Contract language conflicts. Parties shall initial and date Contract changes. If any documents are attached as addenda, amendments, attachments, or exhibits considered part of this Agreement, such documents can be further identified or described here (e.g. SCR 390, 391, 311, 503, 504, 315, 320, 393, 370, 375, 513, 610):
29. NOTICE AND DELIVERY: Notice is any unilateral communication (e.g. offers, counteroffers, acceptance, termination, requests for better terms, and associated addenda/amendments) from one Party to the other. Notice to/from a Broker representing a Party is deemed Notice to/from the Party. All Notice, consents, approvals, counterparts, and similar actions required under Contract must be in paper or electronic writing and will be effective as of delivery to the Notice address/email/fax written below and awareness of receipt by Broker (“Delivered”) unless Parties agree otherwise in writing. 30. PARTIES ARE SOLELY RESPONSIBLE FOR OBTAINING LEGAL ADVICE PRIOR TO SIGNING THIS CONTRACT AND DURING THE TRANSACTION. REAL ESTATE LICENSEES RECOMMEND OBTAINING LEGAL COUNSEL. Due to potential criminal activity, parties are solely responsible to verify all wiring instructions with law firm/bank and understand that audio/visual surveillance may occur. Parties acknowledge receiving, reading, reviewing, and understanding: this Contract, the SC Disclosure of Real Estate Brokerage Relationships form, any agency agreements, and copies of these documents. Parties acknowledge having time and opportunity to review all documents and receive legal counsel from their attorneys prior to signing Contract. 31. EXPIRATION OF OFFER: When signed by a Party and intended as an offer or counter offer, this document represents an offer to the other Party that may be rescinded any time prior to or expires at AM PM on , unless accepted or counter-offered by the other Party in written form Delivered prior to such deadline: IN WITNESS WHEREOF, this Contract has been duly executed by the Parties as true to the best of their knowledge/belief. If signee is not a Party, appropriate legal documents (e.g. Power of Attorney, Corporate Authorization) are attached or to be Delivered within Business Days. Parties shall initial and date all changes in this Contract and initial all pages. BUYER:
Date:
Time:
BUYER:
Date:
Time:
Date:
Time:
Date:
Time:
SELLER:
Date:
Time:
SELLER:
Date:
Time:
Date:
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NOTICE ADDRESS/EMAIL/FAX:
NOTICE ADDRESS/EMAIL/FAX:
REALTOR® is the registered collective membership mark which may be used only by those real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® and who subscribe to its strict professional Code of Ethics. The South Carolina Association of REALTORS® (SCR) owns copyright to the content of this form and expressly prohibits the display, distribution, duplication, transmission, alteration, or reproduction of any part of SCR copyright content as well as the use of the name "South Carolina Association of REALTORS®" in connection with any written or electronic format without the prior written consent of SCR. SCR makes no representation as to the legal adequacy of this form or the information added for a specific transaction and recommends that Parties consult a SC attorney prior to signing to ensure the completed form meets your legal need.
© 2017 South Carolina Association of REALTORS®. 9/2017
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FORM 310 PAGE 7 of 8
TRANSACTIONAL INFORMATION ONLY (Attach SCR390 if space needed for contractual agreement terms): ESCROW AGENT ACKNOWLEDGEMENT SIGNATURE: ESCROW AGENT NAME (BROKER IN CHARGE/OTHER): DESCRIBE ESCROW AGENCY (BROKERAGE/LAW FIRM/OTHER): ESCROW AGENT CONTACT INFO:
LICENSEE:
SC LICENSE #
EXPIRES
BROKER IN CHARGE:
SC LICENSE #
EXPIRES
BROKERAGE COMPANY NAME: INVOLVED AS: BUYER AGENT SELLER SUBAGENT DUAL AGENT CUSTOMER FACILITATOR TRANSACTION BROKERAGE MEMBERS OF
BUYER DESIGNATED AGENT*
ASSOCIATION/BOARD OF REALTORS®
NOTICE ADDRESS: NOTICE EMAIL/FAX: MOBILE PHONE:
OFFICE PHONE:
OTHER:
LICENSEE:
SC LICENSE #
EXPIRES
BROKER IN CHARGE:
SC LICENSE #
EXPIRES
BROKERAGE COMPANY NAME: INVOLVED AS: SELLER AGENT SELLER SUBAGENT DUAL AGENT CUSTOMER FACILITATOR TRANSACTION BROKERAGE MEMBERS OF
SELLER DESIGNATED AGENT*
ASSOCIATION/BOARD OF REALTORS®
NOTICE ADDRESS: NOTICE EMAIL/FAX: MOBILE PHONE:
OFFICE PHONE:
OTHER:
*DESIGNATED AGENCY - THE BROKER-IN-CHARGE AND ALL ASSOCIATED LICENSEES, EXCEPT THE DESIGNATED AGENTS, ARE DUAL AGENTS. NO AGENT IS NO CLIENT SERVICE, YES CUSTOMER SERVICE. [
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PROFESSIONAL SERVICES DISCLOSURE AND ELECTION
Property Address: Buyer or Seller: 1.
There are professional services that typically are performed in connection with the purchase and sale of real estate. Buyer/Seller understands the Firm cannot give advice in certain matters that may relate to the purchase or the sale of the Property, including but not limited to matters of law, taxation, financing, surveying, wood-destroying insect infestation, structural soundness or engineering. The buyer/seller is responsible for selecting and contacting the inspector and service providers. Buyer/Seller is responsible for any and all costs associated with related services and/or inspections.
2.
I/We acknowledge that (Agent) of Keller Williams Realty has explained the availability of the following inspections, reports and homeowners warranty service. My/Our decision regarding these services is shown as: Purchaser to initial choice‌ PLEASE DO NOT CHECK.
SERVICE
Selected (Initial)
Waived (Initial)
Appraisal Attorney/Title Exam/Closing Home Inspection Property Insurance Radon Inspection Septic Inspection Survey* (see note below) Title Insurance Well/Water inspection Wood Infestation Carbon Monoxide Swimming Pool Inspection Mold Inspection Synthetic Stucco (EIFS – Exterior Insulating Finishing System) Fireplace, Chimney, Wood Burning Stoves Home Warranty: ( select one or decline at least 2):**(See note below) Old Republic Home Warranty America's Preferred HomeWarranty American Home Buyers Protection HMS HomeFirst Warranty Home Warranty of America American Home Shield 2-10 Home Trust Warranty Old Republic Home Protection 2-10 Home Buyers Warranty Choice Home Warranty
Page 1 of 2 Rev. 5/2010
3.
Buyer(s) acknowledge that (Buyer Agent) of Keller Williams Realty has not measured the property, and will not be held liable for any miscalculation of measurements. The measurements stated in the MLS may be based on the listing agent’s measurements, a past appraisal or completed by a licensed appraiser. (NOTE: A Builder’s floor plan may not provide accurate measurements, as it can vary at time of construction.)
4.
Buyer/Seller hereby agrees to indemnify and hold Firm harmless from and against any and all liability, claim, loss, damage, suit, or expense the Firm may incur either as a result of Buyer/Seller’s selection and use of any of the listed service providers or Buyer/ Seller’s selection not to have one or more of the listed services performed.
*NOTE REGARDING SURVEYS: Situations arise all too often that could have been avoided if the buyer had obtained a new survey from a registered surveyor. A survey will normally reveal such things as encroachments on the Property from adjacent Properties (fences, driveways, etc.); encroachments from the Property onto adjacent properties; road or utility easements crossing the Properties; violations of set-back lines; lack of legal access to a public right-of-way; and indefinite or erroneous legal descriptions in previous deed to the Property. Although title insurance companies may provide lender coverage without a new survey, the owner’s policy may contain an exception for easements, setbacks and other matters which would have been shown on a survey. Many such matters are not public record and would not be included in an attorney’s title examination. In addition, if the buyer does not obtain their own survey, they would have no claim against a surveyor for inaccuracies in a prior survey.
**NOTE REGARDING HOME WARRANTIES: My agent has offered me the services of a home warranty by providing the product brochures and explanation of the benefits of having a home warranty, both as a seller and as a buyer. Declining service at this time does not prevent applicant from later choosing to purchase a warranty, if it is done in conjunction with closing.
Buyer/Seller
Date
Buyer/Seller
Date
Agent
Date
Keller Williams Realty 1030 Assembly Drive Fort Mill, SC 29708
Page 2 of 2 Rev. Rev.3/6/17 5/2010
