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CONSUMER NOTICE
(THIS IS NOT A CONTRACT)
Pennsylvania Law requires real estate brokers and
salespersons (licensees) to advise consumers who are seeking to sell or purchase
residential or commercial real estate or tenants who are seeking to lease residential or
commercial real estate where the licensee is working on behalf of the tenant of the
business relationships permitted by the Real Estate Licensing and Registration Act. This
notice must be provided to the consumer at the first contact where a substantive
discussion about real estate occurs unless an oral disclosure has been previously
provided. If the oral disclosure was provided, this notice must be provided at the first
meeting or the first time a property is shown to the consumer by the broker or
salesperson.
Before you disclose any information to a licensee, be advised that unless you
select an agency relationship the licensee is NOT REPRESENTING YOU. A business
relationship of any kind will NOT be presumed but must be established between the consumer
and the licensee.
Any licensee who provides you with the real estate services owes you the following duties:
- Exercise reasonable professional skill and care which meets the practice
standards required by the Act.
- Deal honestly and in good faith.
- Present, in a timely manner, all offers, counteroffers, notices, and
communications to and from the parties in writing. The duty to present written offers and
counteroffers may be waived if the waiver is in writing.
- Comply with Real Estate Seller Disclosure Act.
- Account for escrow and deposit funds.
- Disclose all conflicts of interest in a timely manner.
- Provide assistance with document preparation and advise the consumer
regarding compliance with laws pertaining to real estate transactions.
- Advise the consumer to seek expert advice on matters about the
transaction that are beyond the licensee's expertise.
- Keep the consumer informed about the transaction and the tasks to be
completed.
- Disclose financial interest in service, such as financial, title transfer
and preparation services, insurance, construction, repair or inspection, at the time
service is recommended or the first time the licensee learns that the service will be
used.
A licensee may have the following business relationships with the
consumer:
Seller Agency:
Seller agency is a relationship where the licensee, upon entering into a written
agreement, works only for a seller/landlord.
Seller's agents owe the additional duties of:
- Loyalty to the seller/landlord by acting in the seller's/landlord's best interest.
- Confidentiality, except that a licensee has a duty to reveal known material defects
about the property.
- Making a continuous and good faith effort to find a buyer for the property, except while
the property is subject to an existing agreement.
- Disclosure to other parties in the transaction that the licensee has been engaged as a
seller's agent.
A seller's agent may compensate other brokers as subagents if the
seller/landlord agrees in writing. Subagents have the same duties and obligations as the
seller's agent. Seller's agents may also compensate buyer's agents and transaction
licensees who do not have the same duties and obligations as seller's agents.
If you enter into a written agreement, the licensees in the real estate
company owe you the additional duties identified above under seller agency. The exception
is designated agency. See the designated agency section in this notice for more
information.
Buyer Agency:
Buyer agency is a relationship where the licensee, upon entering into a written agreement,
works only for the buyer/tenant.
Buyer's agents owe the additional duties of:
- Loyalty to the buyer/tenant by acting in the buyer's/tenant's best
- Confidentiality, except that a licensee is required to disclose know material defects
about the property.
- Making a continuous and good faith effort to find a property for the buyer/tenant,
except while the buyer/tenant is subject to an existing contract.
- Disclosure to other parties in the transaction that the licensee has been engaged as a
buyer's agent.
A buyer's agent may be paid fees, which may include a percentage of the
purchase price, and, even if paid by the seller/landlord, will represent the interests of
the buyer/tenant.
If you enter into a written agreement, the licensees in the real estate
company owe you the additional duties identified above under buyer agency. The exception
is designated agency. See the designated agency section in this notice for more
information.
Dual Agency:
Dual agency is a relationship where the licensee acts as the agent for both the seller/
landlord and the buyer/tenant in the same transaction with the written consent of all
parties.
Dual agents owe the additional duties of:
- Taking no action that is adverse or detrimental to either party's interest in the
transaction.
- Making a continuous and good faith effort to find a buyer for the property and a
property for the buyer, unless either are subject to an existing contract.
- Confidentiality, except that a licensee is required to disclose known material defects
about the property.
Designated Agency:
In designated agency, the employing broker may, with your consent, designate one or more
licensees from the real estate company to represent you. Other licensees in the company
may represent another party and shall not be provided with any confidential information.
The designated agent(s) shall have the duties as listed above under seller agency and
buyer agency.
In designated agency, the employing broker will be a dual agent and have
the additional duties of:
- Taking reasonable care to protect any confidential information disclosed to the
licensee.
- Taking responsibility to direct and supervise the business activities of the licensees
who represent the seller and buyer while taking no action that is adverse or detrimental
to either party's interest in the transaction.
The designation may take place at the time that the parties enter into a
written agreement, but may occur at a later time. Regardless of when the designation takes
place, the employing broker is responsible for ensuring that confidential information is
not disclosed.
Transaction Licensee:
A transaction licensee is a broker or salesperson who provides communication or document
preparation services or performs other acts for which a license is required WITHOUT
being the agent or advocate for either the seller/landlord or the buyer/tenant.
Upon signing a written agreement or disclosure statement, a transaction licensee has the
additional duty of limited confidentiality in that the following information may not be
disclosed:
- The seller/landlord will accept a price less than the asking/list price.
- The buyer/tenant will pay a price greater than the price submitted in a written offer.
- The seller/landlord or buyer/tenant will agree to financing terms other than those
offered.
Other information deemed confidential by the consumer shall not be
provided to the transaction licensee.
OTHER INFORMATION ABOUT REAL ESTATE TRANSACTIONS
The following are negotiable and shall be addressed in an agreement/disclosure statements
with the licensee:
- The duration of the employment, listing agreement or contract
- The fees or commissions.
- The scope of the activities or practices.
- The broker's cooperation with other brokers, including the sharing of fees.
A sales agreement must contain the zoning classification of a property
except when in cases where the property is zoned solely or primarily to permit single
family dwellings. A Real Estate Recovery Fund exist to reimburse any person who has
obtained a final civil judgment against a Pennsylvania real estate licensee owing to
fraud, misrepresentation, or deceit in a real estate transaction and who has been unable
to collect the judgment after exhausting all legal and equitable remedies. For complete
details about the Fund, call (717) 783-3658.
ACKNOWLEDGMENT
I acknowledge that I have received this disclosure
Date:_____________________________________________
Print Name (Consumer):______________________________
Sign Name (Consumer):_______________________________
Address (Optional):___________________________________
Phone Number (Optional):_____________________________
Print Name (Consumer):______________________________
Sign Name (Consumer):_______________________________
Address (Optional):___________________________________
Phone Number (Optional):_____________________________
Mail to: Kenneth Carroll, P.O. Box 85,
Birchrunville, PA 19421
or Fax to 610-827-9286
I certify that I have provided this document to the above consumer during the initial
interview.
Date:_________________ |
______________________________________________
Print (Licensee) |
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______________________________________________
Signed (Licensee) |
Adopted by the State Real Estate Commission at 49 Pa. Code §35.336
State Required Information:
Kenneth Carroll Real Estate
1565 Hollow Road - Suite 85
Birchrunville, Pennsylvania 19421 USA
Member of the Suburban West, Pennsylvania,
and National Association of Realtors
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