HomeMy WebLinkAbout6A (1)lv A ( )
Community & Economic Development"
IK
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner Uk
Subject: Professional Services Agreement — Hallmark Real Estate
Monroe Park HDC houses Listing Agreement Extension
609 & 620 Columbia St.
Date: March 27, 2012
On September 27, 2011, the Commission entered in to Listing Contracts with Hallmark Real
Estate for the marketing and sale of five former HDC houses in Monroe Park. Those
contracts were for approximately six months, ending on March 18, 2012. During that
period, three of the five houses have been sold, and one has a pending offer.
Attached are extensions of these Listing Contracts for the remaining two properties, 609 &
620 Columbia Street. These extensions are for six months, ending September 18, 2012.
Staff requests approval of these two extensions with Hallmark Real Estate, so they may
continue to market these properties.
What We Do Today Makes A Difference!
MULTIPLE LISTING SERVICE OF
THE GREATER SOUTH BEND- MISHAWAKA ASSOCIATION OF REALTORS
❑ P ' e Change
Extension
❑ Withdrawal
❑ Cancellation
CHANGE TO LISTING CONTRACT
❑ Showing Instructions
❑ Remarks
❑ Other
MLS #.: S.� `� CI 8 LIST DATE:
ADDRESS: c� C o /fXW 6/14
YOU ARE HEREBY REQUESTED TO:
El list price to: $
/extend the expiration date to: Z �� 20
❑ Withdraw listing
❑ Cancel listing contract
❑ Change showing instructions to:
❑ Change remarks to:
❑ Other:
Dated this day of / 20
Accepted !'" /G 11MuV L "- / `J /C Y� X
(Listing Compan t ame) (Owners)
By uCc2 L - r.d�.,
(Listing Age o) (Owners)
(Principal Broker)
Office #: ,� Agent #: 3 y.Z ENTERED IN COMPUTER Yes ❑
No ❑
ENTERED IN COMPUTER Yes ❑
MLS #
Address:
Date Closed:
Down Payment:
Change in Terms /Financing/etc.:
CLOSED SALE INFORMATION
Final Sale Price:
Seller Paid Concessions:
Points: $
Decorating Allowance: $
Closing Cost: $
■
SUBMIT OR FAX TO THE MLS OFFICE
[19
1357 NORTHSIDE BLVD., SOUTH BEND, IN 46615 112t
REALTOR
® FAX #: (219) 287 -0570 Form 136 (A1 /06)
LISTING CONTRACT
(EXCLUSIVE RIGHT TO SELL)
1 Date: August 24. 2011
K
3 In consideration of services to be performed by Hallmark Real Estate
4 (Broker /Company, hereinafter referred to as "Broker") for HOUSING DEVELOPMENT CORPORATION BOARD
5 ("Seller")
6 Seller appoints Broker as Seller's broker with irrevocable and exclusive right to sell, exchange, option, or lease the real property
7 known as 609 COLLIMIA in Portace Township,
8 SAINT JOSEPH County, SOUTH BEND , Indiana 46618
9 (zip code) legally described as: SOUTH 57.75 FT OF EAST 45.25 FT LOT #23 DENNISTON & FELLOWS
10
11 (the "Property").
12
13 This contract begins on 9 7 - i) and expires at 11:59 P.M. March 18, 2012
14 subject to the following terms and conditions:
15
16 List Price: $ 25 000.00 Possession: DAY OF CLOSING / PER TENANT
17 Seller represents that Seller U is Ux Is not delinquent on any loans whic-fi—c-o—W constitute a lion on Hie Pro-p—RF-a—ng
18 the total loans affecting the Property do not exceed the list price and costs of sale. Seller is not a party to any
19 bankruptcy proceeding. Also, Seller has the capacity to convey the Property by a general Warranty Deed or by
20 . Did the Seller acquire ownership of the property at a tax sale, Sheriff's sale, any
21 judicial sae, or mortgage sure ing? O Yes OX No
22
23 Terms of Sale: The Property may be sold for cash or any of the following methods indicated below:
24 X Conventional Mortgage Conditional Sales Contract
25 X Insured Conventional Mortgage FHA
26 Assumption of Existing Mortgage Balance VA
27 X Other CASH
28 Seller agrees to pay costs associated with financing not to exceed 0
29 Property Offered for Sale: The above list price includes the Property and all improvements and fixtures permanently instal ed and
30 affixed thereto, except N/A
31 Items of Personal Property included in the sale: N/A
32
33
34
35
36 (A) EXCLUSIVE LISTING. The parties understand and agree that this is an exclusive right to sell, option, exchange or lease
37 listing, and Broker shall be entitled to the commission hereinafter established which shall be payable upon the occurrence of
38 any of the following events:
39
40 (1) at the time the Property is sold, optioned, exchanged or leased by any person, including the Seller, to any person
41 during the term of this contract or any renewal or extension thereof,
42 (2) at the time Seller, Broker, or any other real estate licensee secures a buyer or lessee ready, willing and able to
43 purchase, option, exchange or lease the Property for such price and terms as specified, or such other price or terms
44 as Seller may accept,
45 (3) at the time an agreement is entered into to sell, exchange, option or lease during the term of this contract or any
46 renewal or extension thereof, and ultimately completed after the termination of this contract,
47 (4) the Property is sold, optioned, leased, or exchanged by Seller or any other person within 180 days
48 after termination of this Listing Contract to any person procured in whole or in part by the efforts of Broker, any
49 cooperating broker, or Seller, provided, however, this extension clause shall not apply if this Exclusive Listing
50 Contract terminates and the Property is listed exclusively with another licensed broker, or
51 (5) at the time of default by Seller to any valid, fully executed, written agreement to sell, option, exchange, or lease the
52 Property.
53
54 Any commission required to be paid under items (1), (3) and (4) above shall be due and payable at the dosing of the transaction
55 when title to or any interest in the Property is transferred to a buyer or lessee. Any commission required to be paid under items
56 (2) and (5) above shall be due and payable upon demand by Broker. In the event that commission is not paid when due, then
57 Broker shall be entitled to interest at the rate of Al 14 % per annum until commission is paid.
58
59 If the Seller and a Buyer sign a Purchase Agreement, Option to Purchase Real Estate, Lease or the dosing of the sale of the
60 Property will not take place until after the term of this contract, then this contract shall automatically be extended to coincide with
61 the dosing date or term of the lease.
609 COLMMIA, SOUTH BEND, 46618
(Property Address)
Page 1 of 4 (Listing Contract)
Wnuwt Reid Estate, Inc. 115 N. Willient St. South Bend, M 46601 Phone: (574 )232 -3600 Fax: (574)239 -3555 H.D.C. 2011
Bruce Gordon Produced with ZipFoml® by zipLogix 18070 Film Mils Road, Fraser, Midiipen 48026 MWW, gorn
62 (B) BROKER'S COMMISSION. The brokers commission charged by the listing Broker for services rendered, with respect to any
63 listing, is solely a matter of negotiation between Broker and Seller and is not fixed, controlled, suggested recommended or
64 maintained by the Indiana Association of REALTORS®, Inc., the local Board/Association of REALTORS®, the MLS (if
65 applicable) or any person not a party to the contract. SELLER HAS BEEN ADVISED OF BROKER'S COOPERATIVE
66 COMPENSATION POLICY.
67
68 Seller shall pay in cash to Broker for services a total commission as follows:
69
70 1 . 7.000 % of the selling/exchange price or option selling price, not less than $ 2.000.00
71
72 2. In the event of a purchase option, the Seller agrees to compensate Broker Al 14 %
73 of the consideration paid for an Option to Purchase.
74 3. In the event of a lease, the Seller agrees to compensate Broker /v�lj %
75 of all amounts to be paid by a lessee to Seller over the term of the ease.
76 4. Other: N/A
77
78
79 (C) COMMISSION IS LIEN; ATTORNEY FEES. For purposes of this contract, the parties understand and agree that Brokers
80 commission is deemed to be a share of the purchase money received by Seller, and Broker shall have a lien on the funds and
81 a lien upon the Property until the commission is paid. If any action is filed in relation to this Listing Contract, the unsuccessful
82 party shall pay to the successful party a reasonable sum for the successful party's attorney's fees and court costs.
83
84 (D) EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in an
85 escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker to keep
86 any earnest money deposits up to the amount the commission would have been if the sale was completed in payment for
87 Brokers expenses, services and advertising.
88
89 (E) MLS INFO (IF APPLICABLE). It is understood that the Broker may rely on the validity of the data pertaining to this Listing
90 Contract which has been provided by the Seller, and the Seller agrees that Broker may disclose the data to a multiple
91 listing service ("MLS"), Internet or any advertising media and that the Broker may furnish notice to a MLS or other provider
92 of all changes of information concerning the Property.
93
94 (F) INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Sellers
95 Residential Real Estate Sales Disclosure Form (if applicable) is true and correct, and that Seller is the owner of the Property
96 or is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further
97 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to
98 indemnify, actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses
99 including attorney fees and costs, arising from incorrect information or failure to supply material information regarding the
100 Property, including, but not limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in
101 structure, mold and/or other environmental conditions or hazards, location of property lines, public and private restrictions on
102 the use of the Property, any loss or liability in conjunction with this agreement or with Broker or other licensees showing the
103 Property including, but not limited to, injuries suffered by other licensees or prospective buyers.
104
105 (G) ENVIRONMENTAL CONTAMINANTS ADVISORY /RELEASE. Seller acknowledges that Listing Broker, Selling Broker and all
106 salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to
107 the evaluation or existence of possible lead -based paint, radon, mold and other biological contaminants ("Environmental
108 Contaminants') which might exist and affect the Property. Environmental Contaminants at harmful levels may cause property
109 damage and serious illness, including but not limited to, allergic and/or respiratory problems, particularly in persons with
110 immune system problems, young children and/or the elderly.
111
112 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and releases
113 and holds harmless all Brokers, their companies and sales associates from any and all liability, including attorney's
114 fees and costs, arising out of or related to any inspection, inspection result, repair, disclosed defect or deficiency
115 affecting the Property, including Environmental Contaminants. This release shall survive the closing.
116
117 (H) AGENCY DISCLOSURES.
118
119 1. Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.
120
121 2. Agency Relationship. I.C. 25 -34.1- 10-9.5 provides that a Licensee has an agency relationship with, and is
122 representing, the individual with whom the Licensee is working unless (1) there is a written agreement to the contrary;
123 or (2) the Licensee is merely assisting the individual as a customer without compensation. Licensee(Broker)
124 represents the interests of'the Seller as Sellers agent to sell the Property. Licensee owes duties of trust, loyalty,
125 confidentiality, accounting and disclosure to the Seller. However, Licensee must deal honestly with a buyer and
126 disclose to the buyer information about the Property. All representations made by Licensee about the Property are
126 made as the agent of the Seller.
609 COLUMBIA SOUTH BEND 46618
(Property ress
Page 2 of 4 (Listing Contract)
Produced with ZipForrn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ipp w2joLogg,corn H.D.C. 2011
127 Seller is advised that the Property may be sold with the assistance of other Licensees working as buyer agents and
128 that Licensee's company policy is to cooperate with and compensate buyer agents. Buyer agents are Licensees who
129 show the Property to prospective buyers, but who represent only the interests of the buyer. Buyer agents owe dudes
130 of trust, loyalty, confidentiality, accounting and disclosure to buyers. All representations made by buyer agents about
131 the Property are not made as the agent of the Seller.
132
133 3. Limited Agency Authorization. Licensee or the principal or managing broker may represent Buyer as a buyer agent.
134 If such a Buyer wishes to see the Property, Licensee has agency duties to both Seller and Buyer, and those duties
135 may be different or even adverse. Seller knowingly consents to Licensee acting as a limited agent for such showings.
136
137 If limited agency arises, Licensee shall not disclose the following without the informed consent, in writing, of both
138 Seller and Buyer:
139 (a) Any material or confidential information, except adverse material facts or risks actually known by Licensee
140 concerning the physical condition of the Property and facts required by statute, rule, or regulation to be
141 disclosed and that could not be discovered by a reasonable and timely inspection of the Property by the parties.
142 (b) That a Buyer will pay more than the offered purchase price for the Property.
143 (c) That Seller will accept less than the listed price for the Property.
144 (d) Other terns that would create a contractual advantage for one parry over another party.
145 (e) What motivates a party to buy or sell the Property.
146
147 In a limited agency situation, the parties agree that there will be no imputation of knowledge or information between any party and
148 the limited agent or among Licensees.
149
150 Seller acknowledges that Limited Agency Authorization has been read and understood. Seller understands that Seller does not
151 have to consent to Lioensee(s) acting as limited agent(s), but gives informed consent voluntarily to limited agency and waives
152 any claims, damages, losses, expenses, including attomeys' fees and costs, against Licensee(s) arising from Ucensee's(s7 role
153 of limited agent(s).
154
155 (1) SELLER AUTHORIZATION AND COOPERATION. Seller agrees to provide Broker with the required information necessary
156 for entry into a MLS, Internet or other advertising media, to include electronic media and the use of any exteriorfinterior
157 photos, if applicable. Seller will cooperate with Broker by permitting the Property to be shown at reasonable times and
158 authorizes Broker to place and remove "For Sale" and other signs on the Property.
159
160 1. Seller authorizes Broker and cooperating brokers, buyer brokers, Broker's personal assistants, contractors,
161 inspectors, appraisers and others reasonably necessary to market the Property to enter the Property. Seller
162 acknowledges that a buyer may enter the Property with contractors, inspectors or appraisers without being
163 accompanied by Broker. Buyer or Buyer's broker may take videos, photos and electronic images of the Property.
164 2. Seller will provide Broker with key(s) necessary to access the Property.
165 3. Seller authorizes Broker to have duplicate keys made.
166 4. Seller agrees not to rent or lease the Property during the term of this Listing Contract without written notification to
167 Broker.
168 5. Seller agrees that Broker may work with buyer brokers to assist in performing Broker's duties according to the
169 terms of this Listing Contract.
170 6. Seller grants to Broker an exclusive, non - revocable, copyright license to disseminate, publish, modify and reproduce
171 all of the content of this Listing Contract, including but not limited to, price and terms of financing on a closed sale,
172 photographs, drawings, written descriptions, narratives, and motion pictures obtained or produced by Broker and
173 Broker's agents pursuant to this Listing Contract to members of the Indiana Association of REALTORS®, Inc., to
174 other brokers upon request and to a MLS, Internet or any advertising media. Seller agrees that Broker shall own all
175 rights, title and interest, including but not limited to, any copyright in Property images taken by Broker's photographers
176 or agents.
177 7. Seller authorizes its utility companies to divulge all utility information to Broker and to provide copies of utility
178 statements, if requested. Seller's utility companies are as follows: SOUTH BEND WATER , N. I. P. S. C. O.
179 and INDIANA MICHIGAN POWER
180 8. Seller authorizes its Homeowner's Association to divulge all information to ro er and to provide copies
181 of all HOA documents if requested.
182 9. Seller authorizes its lending institution to divulge all mortgage information to Broker and to provide copies of the
183 note and mortgage, if requested. Seller's lending institution is
184 and the mortgage loan number is
185 If Seller's mortgage is subject to a pre - payment penalty, SeNer agrees to give timely written notice to ller's len er
186 that the mortgage is to be pre -paid from the sale proceeds of the Property. It is acknowledged that Seller's failure to
187 give this notice ma result in a pre - payment penalty to be paid by Seller.
188 10. Seller R9 does [does not authorize Broker to disclose the existence of multiple offers to Buyer. If Seller has
189 authorized disclosure of the existence of offers on the Property, Broker shall also disclose, if asked, whether offers
190 were obtained by the listing licensee, another licensee in the listing firm or by a cooperating broker. (NOTE:
191 Disclosure of individual and company names islet necessary.)
192
193 (J) LOCKBOX/KEY AUTHORIZATION/USE. To facilitate access to the Property, a lockbox installation [@ is ❑ is not
194 authorized, subject to the following acknowledgments/conditions:
609 COLUMBIA, SOUTH BEND, 46618
tr Aaaressl
Page 3 of (L (Listing.
Produced with ZipForm® by apLogix 18070 Fifteen Mile Road Fraser, Michigan 48028 b cApLoog,porn H.D.C. 2011
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1. Seller will safeguard valuables. Seller accepts responsibility for preparing the Property to minimize the likelihood of
injury, damage and/or loss of personal property.
2. Seller acknowledges Broker is not an insurer of Seller's real estate and personal property and waives claims against
Broker and Brokers authorized persons for loss and/or damage. Seller further agrees to indemnify and hold harmless
Broker and all authorized persons from claims by third parties from all loss and/or damage.
3. Seller instructs Broker to make reasonable efforts to notify Seller of showing requests. If Seller cannot be contacted
to schedule a showing, Seller QX authorizes [:] does not authorize Broker to access the Property.
4. Where a tenantAessee occupies the Property, it is Sellers sole responsibility to obtain tenantAessee consent to allow
the use of a lockbox/key and consent for Broker to access the property.
(K) FAIR HOUSING. The parties acknowledge that the Fair Housing Act prohibits discrimination in housing because of race,
color, national origin, religion, sex, familial status, and handicap.
The National Association of REALTORS® Code of Ethics also prohibits REALTORS® from discriminating on the basis of
sexual orientation.
(L) ADDITIONAL PROVISIONS.
1. Seller understands the terms of this Listing Contract and has received a copy.
2. The parties to this contract agree that it contains the entire agreement of the parties and cannot be changed except
by their written consent.
3. The parties to this contract agree that it is binding upon the parties' heirs, administrators, executors, successors and
assigns.
4. Seller acknowledges receipt of an estimate of selling expenses.
5. Seller acknowledges there are homeowners association fees and/or assessments in t e amount of $
per N/A which have been paid by Seller through A1119
6. The parties to this contract agree that this contract may be executed simultaneously or in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The parties agree that this contract may be transmitted between them electronically or digitally. The parties intend
that electronically or digitally transmitted signatures constitute original signatures and are binding on the parties. The
original document shall be promptly delivered, if requested.
7. Broker may refer Seller to other professionals, service providers or product vendors, including lenders, loan brokers,
title insurers, escrow companies, inspectors, pest control companies, contractors and home warranty companies.
Broker does not guarantee the performance of any service provider. Seller is free to select providers other than
those referred or recommended to Seller by Broker.
8. Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance,
protection or repair of the Property nor for the protection or custody of any personal property located thereon,
unless provided for in another written agreement.
9. Seller consents to receive communications from Broker via telephone, U.S. mail, email and facsimile at the
numbers/addresses provided to Broker unless Seller notifies Broker in writing to the contrary.
10. Where the word "Broker' appears, it shall mean "Licensee" as provided in I.C.25- 34.1 - 10•68.
11. Seller discloses to Listing Broker that Seller is licensed and holds License # i1/ .q
(M) FURTHER CONDITIONS.
IF BRUCE GORDON SELLS PROPERTY TO A CLIENT OF
ESTATE
Hallmark Real Estate /\ +xiL% -iCX L. JVLICO, ELC.blUC11L
BROKER OR COMPANY NAME IN LICEN
14P
David A. Varner, Vice President
PRINTED
Approved by and restricted to use by members of the Indiana Association of REALTORS®, Inc.
This is a legally binding contract, if not understood seek legal advice.Form 001. Copyright IAR 2011
a.
609 COLUMBIA, SOUTH BEND, 46618
(Property Address)
Page 4 of 4 (Listing Contract)
Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www- zjpLoajy,com H.D.C. 2011
ME
MULTIPLE LISTING SERVICE OF
THE GREATER SOUTH BEND- MISHAWAKA ASSOCIATION OF REALTORS
CHANGE TO LISTING CONTRACT
❑ P' Change ❑ Showing Instructions
[_9 Extension ❑ Remarks
❑ Withdrawal ❑ Other
❑ Cancellation
MLS #.: X51 LIST DATE: —fe,27,
ADDRESS: �a-o �o ��•M S; c �T . .S. i3 -/'�
YOU ARE HEREBY REQUESTED TO:
❑ Cha list price to: $
xtend the expiration date to: c%f�o 20
❑ Withdraw listing
❑ Cancel listing contract
❑ Change showing instructions to:
❑ Change remarks to:
❑ Other:
Dated this k day of
Accepted ie. - / if ro rr
//(�
(Listing 'ompany^ Name)
By 0i"..i e L.- t9 cs rd 7�^
(Listing ent)
(Princi al roker)
,20
Owners)
(Owners)
Office #: 3 Agent #: /3 ��"� ENTERED IN COMPUTER Yes ❑
No ❑
ENTERED IN COMPUTER Yes ❑
MLS #
Address:
Date Closed:
Down Payment:
Change in Terms/Financing/etc.:
CLOSED SALE INFORMATION
Final Sale Price:
Seller Paid Concessions:
Points: $
Decorating Allowance: $
Closing Cost: $
No ❑
SUBMIT OR FAX TO THE MLS OFFICE
1357 NORTHSIDE BLVD., SOUTH BEND, IN 46615
EQUAL HgISIN6
REALTOR
® FAX #: (219) 287 -0570 Form 136 (R1106) orropTUNITY
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LISTING CONTRACT
(EXCLUSIVE RIGHT TO SELL)
Date: Aucrust 24, 2011
In consideration of services to be performed by Hallmark
(Broker /Company, hereinafter referred to as *Broker") or HOUSING DEVELOI
Seller a real'
property
Broker as Seller's broker with irrevocable and exclusive right to sell, exchange, option, or lease the real property
known as 620 COLUMBIA in Portage Township,
SAINT JOSEPH County, SOUTH BEND , Indiana 46618
(zip code) legally described as: LOT #8 EX SO 7 FT BIRDSELLS MFG CO SUB OF LOT # 24 & 25
DENNISTON & FELLOWS
(the rope
This contract begins on 7 - J / and expires at 11:59 P.M. March 18, 2012
subject to the following terms and conditions:
List Price: $ 19 900.00 Possession: DAY OF CLOSING / PER TENANT
Seller represents that 3911er[jli" X s not delinque nt on any loans whit cou 'cortatitute a lion on the roperty a
the total loans affecting the Property do not exceed the list price and costs of sale. Seller is not a party to any
bankruptcy proceeding. Also, Seller has the capacity to convey the Property by a general Warranty Deed or by
. Did the Seller acquire ownership of the property at a tax sale, Sheriffs sale, any
judicial cal sa e, or mortgage foreclosure proceeding? [3 Yes ❑No
Terms of Sale: The Property may be sold for cash or any of the following methods indicated below:
X Conventional Mortgage Conditional Sales Contract
X Insured Conventional Mortgage FHA
Assumption of Existing Mortgage Balance VA
X Other CASH
TRW agrees to pay costs associated financing not to exceed 0
Property Offered for Sale: The above list price includes the Property and all improvements and fixtures permanently installed and
affixed thereto, except N/A
Items of Personal Property included In the sae: N/A
(A) EXCLUSIVE LISTING. The parties understand and agree that this is an exclusive right to sell, option, exchange or lease
listing, and Broker shall be entitled to the commission hereinafter established which shall be payable upon the occurrence of
any of the following events:
(1) at the time the Property is sold, optioned, exchanged or leased by any person, including the Seller, to any person
during the term of this contract or any renewal or extension thereof,
(2) at the time Seller, Broker, or any other real estate licensee secures a buyer or lessee ready, willing and able to
purchase, option, exchange or lease the Property for such price and terms as specified, or such other price or terms
as Seller may accept,
(3) at the time an agreement is entered into to sell, exchange, option or lease during the term of this contract or any
renewal or extension thereof, and ultimately completed after the termination of this contract,
(4) the Property is sold, optioned, leased, or exchanged by Seller or any other person within 180 days
after termination of this Listing Contract to any person procured in whole or in part by the efforts of Broker, any
cooperating broker, or Seller, provided, however, this extension clause shall not apply if this Exclusive Listing
Contract terminates and the Property is listed exclusively with another licensed broker, or
(5) at the time of default by Seller to any valid, fully executed, written agreement to sell, option, exchange, or lease the
Property.
Any commission required to be paid under items (1), (3) and (4) above shall be due and payable at the dosing of the transaction
when title to or any interest in the Property is transferred to a buyer or lessee. Any commission required to be paid under items
(2) and (5) above shall be due and payable upon demarld by Broker. In the event that commission is not paid when due, then
Broker shall be entitled to interest at the rate of Al A % per annum until commission is paid.
If the Seller and a Buyer sign a Purchase Agreement, Option to Purchase Real Estate, Lease or the dosing of the sale of the
Property will not take place until after the term of this contract, then this contract shall automatically be extended to coincide with
the dosing date or term of the lease.
620 COLUMIA, SOUTH BEND, 46618
(Property Address)
Page 1 of 4 (Listing Contract)
Hdhwk lied Eame, Inc. 115 N. William St. South Bad, IN 46601 Phone: (574)232 -3600 Fax: (574)239 -3555 H.D.C. 2011
Bruce Gordon Produced with ZipFornt0 by zipLogix 1 8070 Fftm Mile Road, Fraser, Michigan 48026 worgrzkAmiggorn
,� yv
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62 (B) BROKER'S COMMISSION. The brokers commission charged by the listing Broker for services rendered, with respect to any
63 listing, is solely a matter of negotiation between Broker and Seller and is not fixed, controlled, suggested recommended or
64 maintained by the Indiana Association of REALTORS®, Inc., the local Board/Association of REALTORS®, the MLS (if
65 applicable) or any person not a party to the contract. SELLER HAS BEEN ADVISED OF BROKER'S COOPERATIVE
66 COMPENSATION POLICY.
67
68 Seller shall pay in cash to Broker for services a total commission as follows:
69
70 1 . 7.000 % of the selling /exchange price or option selling price, not less than $ 2.000.00
71
72 2. In the event of a purchase option, the ller agrees to compensate Broker ,(/�� %,
73 of the consideration paid for an Option to Purchase.
74 3. In the event of a lease, the Seller agrees to compensate Broker �tv�ip %
75 of all amounts to be paid by a lessee to Seller over the term of the ease.
76 4. Other. N/A
77
78
79 (C) COMMISSION IS LIEN; ATTORNEY FEES. For purposes of this contract, the parties understand and agree that Brokers
80 commission is deemed to be a share of the purchase money received by Seller, and Broker shall have a lien on the funds and
81 a lien upon the Property until the commission is paid. If any action is filed in relation to this Listing Contract, the unsuccessful
82 party shall pay to the successful party a reasonable sum for the successful party's attorney's fees and court costs.
83
84 (D) EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in an
85 escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker to keep
86 any earnest money deposits up to the amount the commission would have been if the sale was completed in payment for
87 Brokers expenses, services and advertising.
88
89 (E) MLS INFO (IF APPLICABLE). It is understood that the Broker may rely on the validity of the data pertaining to this Listing
90 Contract which has been provided by the Seller, and the Seller agrees that Broker may disclose the data to a multiple
91 listing service ("MLS'), Internet or any advertising media and that the Broker may furnish notice to a MLS or other provider
92 of all changes of information concerning the Property.
93
94 (F) INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Sellers
95 Residential Real Estate Sales Disclosure Form (if applicable) is true and correct, and that Seller is the owner of the Property
96 or is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further
97 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to
98 indemnify, actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses
99 including attorney fees and costs, arising from incorrect information or failure to supply material information regarding the
100 Property, including, but not limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in
101 structure, mold and/or other environmental conditions or hazards, location of property lines, public and private restrictions on
102 the use of the Property, any loss or liability in conjunction with this agreement or with Broker or other licensees showing the
103 Property including, but not limited to, injuries suffered by other licensees or prospective buyers.
104
105 (G) ENVIRONMENTAL CONTAMINANTS ADVISORY /RELEASE. Seller acknowledges that Listing Broker, Selling Broker and all
106 salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to
107 the evaluation or existence of possible lead -based paint, radon, mold and other biological contaminants ("Environmental
108 Contaminants ") which might exist and affect the Property. Environmental Contaminants at harmful levels may cause property
109 damage and serious illness, including but not limited to, allergic and /or respiratory problems, particularly in persons with
110 immune system problems, young children and /or the elderly.
111
112 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and releases
113 and holds harmless all Brokers, their companies and sales associates from any and all liability, including attorney's
114 fees and costs, arising out of or related to any Inspection, inspection result, repair, disclosed defect or deficiency
115 affecting the Property, including Environmental Contaminants. This release shall survive the closing.
116
117 (H) AGENCY DISCLOSURES.
118
119 1. Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.
120
121 2. Agency Relationship. I.C. 25- 34.1 - 10-9.5 provides that a Licensee has an agency relationship with, and is
122 representing, the individual with whom the Licensee is working unless (1) there is a written agreement to the contrary;
123 or (2) the Licensee is merely assisting the individual as a customer without compensation. Licensee(Broker)
124 represents the interests of the Seller as Sellers agent to sell the Property. Licensee owes duties of trust, loyalty,
125 confidentiality, accounting and disclosure to the Seller. However, Licensee must deal honestly with a buyer and
126 disclose to the buyer information about the Property. All representations made by Licensee about the Property are
126 made as the agent of the Seller.
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127 Seller is advised that the Property may be sold with the assistance of other Licensees working as buyer agents and
128 that Licensee's company policy is to cooperate with and compensate buyer agents. Buyer agents are Licensees who
129 show the Property to prospective buyers, but who represent only the interests of the buyer. Buyer agents owe duties
130 of trust, loyalty, confidentiality, accounting and disclosure to buyers. All representations made by buyer agents about
131 the Property are not made as the agent of the Seller.
132
133 3. Limited Agency Authorization. Licensee or the principal or managing broker may represent Buyer as a buyer agent.
134 If such a Buyer wishes to see the Property, Licensee has agency duties to both Seller and Buyer, and those duties
135 may be different or even adverse. Seller knowingly consents to Licensee acting as a limited agent for such showings.
136
137 If limited agency arises, Licensee shall not disclose the following without the informed consent, in writing, of both
138 Seller and Buyer.
139 (a) Any material or confidential information, except adverse material facts or risks actually known by Licensee
140 concerning the physical condition of the Property and facts required by statute, rule, or regulation to be
141 disclosed and that could not be discovered by a reasonable and timely inspection of the Property by the parties.
142 (b) That a Buyer will pay more than the offered purchase price for the Property.
143 (c) That Seller will accept less than the listed price for the Property.
144 (d) Other terms that would create a contractual advantage for one party over another party.
145 (e) What motivates a party to buy or sell the Property.
146
147 In a limited agency situation, the parties agree that there will be no imputation of knowledge or information between any party and
148 the limited agent or among Licensees.
149
150 Seller acknowledges that Limited Agency Authorization has been read and understood. Seller understands that Seller does not
151 have to consent to Licensee(s) acting as limited agent(s), but gives informed consent voluntarily to limited agency and waives
152 any claims, damages, losses, expenses, including attorneys' fees and costs, against Licensee(s) arising from Licensee's(s) role
153 of limited agent(s).
154
155 (1) SELLER AUTHORIZATION AND COOPERATION. Seller agrees to provide Broker with the required information necessary
156 for entry into a MLS, Internet or other advertising media, to include electronic media and the use of any exterior/interior
157 photos, if applicable. Seller will cooperate with Broker by permitting the Property to be shown at reasonable times and
158 authorizes Broker to place and remove "For Sale" and other signs on the Property.
159
160 1. Seller authorizes Broker and cooperating brokers, buyer brokers, Brokers personal assistants, contractors,
161 inspectors, appraisers and others reasonably necessary to market the Property to enter the Property. Seller
162 acknowledges that a buyer may enter the Property with contractors, inspectors or appraisers without being
163 accompanied by Broker. Buyer or Buyer's broker may take videos, photos and electronic images of the Property.
164 2. Seller will provide Broker with key(s) necessary to access the Property.
165 3. Seller authorizes Broker to have duplicate keys made.
166 4. Seller agrees not to rent or lease the Property during the term of this Listing Contract without written notification to
167 Broker.
168 5. Seller agrees that Broker may work with buyer brokers to assist in performing Brokers duties according to the
169 terms of this Listing Contract.
170 6. Seller grants to Broker an exclusive, non - revocable, copyright license to disseminate, publish, modify and reproduce
171 all of the content of this Listing Contract, including but not limited to, price and terms of financing on a dosed sale,
172 photographs, drawings, written descriptions, narratives, and motion pictures obtained or produced by Broker and
173 Brokers agents pursuant to this Listing Contract to members of the Indiana Association of REALTORS®, Inc., to
174 other brokers upon request and to a MLS, Internet or any advertising media. Seller agrees that Broker shall own all
175 rights, title and interest, including but not limited to, any copyright in Property images taken by Brokers photographers
176 or agents.
177 7. Seller authorizes its utility companies to divulge all utility information to Broker and to provide copies of utility
178 statements, if requested. Sellers utility companies are as follows: SOUTH BEND WATER , N. I. P. S. C. 0.
179 and INDIANA MICHIGAN POWER
180 8. Seller a orizes its Homeowners Association to divulge all information to Broker and to provide copies
181 of all HOA documents if requested.
182 9. Seller authorizes its lending institution to divulge all mortgage information to Broker and to provide copies of the
183 note and mortgage, If requested. Sellers lending institution is
184 and the mortgage loan number is
185 If Sellers mortgage is subject to a pre - payment penalty. Seller agrees to give timely written notice to SelWes lender,
186 that the mortgage is to be pre -paid from the sale proceeds of the Property. It is acknowledged that Sellers failure to
187 give this notice ma result in a pre - payment penalty to be paid by Seller.
188 10. Seller W% does [rdoes not authorize Broker to disclose the existence of multiple offers to Buyer. If Seller has
189 authorized disclosure of the existence of offers on the Property, Broker shall also disclose, if asked, whether offers
190 were obtained by the listing licensee, another licensee in the listing firm or by a cooperating broker. (NOTE:
191 Disclosure of individual and company names isnM necessary.)
192
193 (J) LOCKBOX/KEY AUTHORIZATION /USE. To facilitate access to the Property, a lockbox installation ® is [] is not
194 authorized, subject to the following acknowledgments/conditions:
620 COLUMBIA SOUTH BEND 46618
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1. Seller will safeguard valuables. Seller accepts responsibility for preparing the Property to minimize the likelihood of
injury, damage and/or loss of personal property.
2. Seller acknowledges Broker is not an insurer of Sellers real estate and personal property and waives claims against
Broker and Broker's authorized persons for loss and /or damage. Seller further agrees to indemnify and hold harmless
Broker and all authorized persons from claims by third parties from all loss and/or damage.
3. Seller instructs Broker to make reasonable efforts to notify Seller of showing requests. If Seller cannot be contacted
to schedule a showing, Seller p authorizes does not authorize Broker to access the Property.
4. Where a tenant/lessee occupies the Property, d is Seller's sole responsibility to obtain tenant4essee consent to allow
the use of a lockbox/key and consent for Broker to access the property.
(K) FAIR HOUSING. The parties acknowledge that the Fair Housing Act prohibits discrimination in housing because of race,
color, national origin, religion, sex, familial status, and handicap.
The National Association of REALTORS® Code of Ethics also prohibits REALTORS® from discriminating on the basis of
sexual orientation.
(L) ADDITIONAL PROVISIONS.
1. Seller understands the terms of this Listing Contract and has received a copy.
2. The parties to this contract agree that it contains the entire agreement of the parties and cannot be changed except
by their written consent.
3. The parties to this contract agree that it is binding upon the parties' heirs, administrators, executors, successors and
assigns.
4. Seller acknowledges receipt of an estimate of selling expenses.
5. Seller acknowledges there are homeowners association fees and/or assessments in the amount of $
per N/A , which have been paid by Seller through
6. The parties to this contract agree that this contract may be executed simultaneously or in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The parties agree that this contract may be transmitted between them electronically or digitally. The parties intend
that electronically or digitally transmitted signatures constitute original signatures and are binding on the parties. The
original document shall be promptly delivered, if requested.
7. Broker may refer Seller to other professionals, service providers or product vendors, including lenders, loan brokers,
title insurers, escrow companies, inspectors, pest control companies, contractors and home warranty companies.
Broker does not guarantee the performance of any service provider. Seller is free to select providers other than
those referred or recommended to Seller by Broker.
8. Broker is not and shall not be charged with the responsibility for the custody, management, care, maintenance,
protection or repair of the Property nor for the protection or custody of any personal property located thereon,
unless provided for in another written agreement.
9. Seller consents to receive communications from Broker via telephone, U.S. mail, email and facsimile at the
numberstaddresses provided to Broker unless Seller notifies Broker in writing to the contrary.
10. Where the word "Broker" appears, it shall mean "Licensee" as provided in I.C.25- 34.1 -W 8.
11. Seller discloses to Listing Broker that Seller is licensed and holds License # 4&
(M) FURTHER CONDITIONS.
IF BRUCE GORDON SEL]
OF HIS AND
ESTATE
David A. Varner, Vice President
PRINTED
Approved by and restricted to use by members of the Indiana Association of REALTORS®, Inc.
This is a legally binding contract, if not understood seek legal advice. Form #01. Copyright IAR 2011
Q
n
6Z0 COLUMBIA, SOUTH BEND, 46618
(Property Address)
Page 4 of 4 (Listing Contract)
Produced with LpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wppp.rj"j8,go H.D.C. 2011