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RESIDENTIAL LISTING CONTRACT EX C S G OS LU IVE RI HT T ELL/RENT i� a @ / FIRM NAME AGENT'S NAME 123 Main -------------- Initials> OWNER OWNER
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 2 of 8Page 2 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>4. COMPENSATIONLISTING BROKER COMPENSATION IS NOT SET BY LAW, NOR BY ANY BOARD, ASSOCIATION OF REALTORS®, MULTIPLE LISTING SERVICE OR IN ANY MANNER OTHER THAN AS FULLY NEGOTIATED BETWEEN LISTING BROKER AND OWNER IN THIS AGREEMENT. SHOULD THE OWNER CHOOSE TO OFFER COMPENSATION TO A BUYER BROKER OR TENANT BROKER, THE OFFERED AMOUNT IS ALSO FULLY NEGOTIABLE AND AGREED UPON AFTER DISCUSSION WITH THE LISTING BROKER.(OWNER’S INITIALS REQUIRED) All funds are to be in U.S. currency.Owner agrees to compensate Listing Broker and other broker, if any, as follows:(Check if applicable) n Retainer: Owner agrees to pay Listing Broker a non-refundable retainer fee in the amount of$ , within ve (5) days or days of execution of this Agreement, which is earned when paid, for initial consultation, research and other services. This fee n shall n shall not b credited against the Listing Broker compensation.Listing Broker Compensation: If Listing Broker produces a ready, willing an abl buyer or t nant in accordance with this Agreement, or if a sale or rental of the Premises is made by Owner or th ugh any ther broker, or otherwise, during the Term of this Agreement, Owner agrees to pay Listing Broker compensati n of:n Sale: % of the full purchase price OR $Additional Listing Broker Compensation:Unrepresented Buyer: n Owner agrees to pay Lis g Broker dditional compensation of % of the full purchase price OR $ if the buyer of the Pre ises s not represented by a buyer broker.Buyer Broker: n Owner authorizes Listing Brok r comm icate an offer of compensation to a prospective buyer broker in the amount of % of the full purch se pric OR $ (“Offer Amount”).Owner’s authorization includes conse for he Listing Brok to enter into an agreement with a prospective buyer broker to compensate the broker if they r prese t the buyer of the Premises. In such circumstances, Owner shall provide Listing Broker the funds necessary pay th greed upon buyer broker compensation, not to exceed the Offer Amount. Owner shall al pay Listing Br ker the Offer Amount as additional compensation if any agent of Listing Broker represents the buyer o the P mises.Owner acknowledges that buye brok r represents the interest of the buyer(s), and not the interest of Owner, in a transaction unless th gent(s) o L sting Broker represent both Owner and buyer under Limited Representation as described in Se on 6. Owner als acknowledges that the buyer broker may credit part, or all, of their compensation to the buyer.n Rental: % of the gross rental amount as calculated for the entire term of the initial lease, OR $ , upon execution of lease agree ent. Additional Listing Broker Compensation:Unrepresented Tenant: n Owner agrees to pay Listing Broker additional compensation of % of the gross rental amount as calculated for the entire term of the initial lease OR $ if the tenant of the Premises is not represented by a tenant broker.Tenant Broker: n Owner authorizes Listing Broker to communicate an offer of compensation to a prospective tenant broker in the amount of % of the gross rental amount as calculated for the entire term of the initial lease OR $ (“Offer Amount”).Owner’s authorization includes consent for the Listing Broker to enter into an agreement with a prospective tenant broker to compensate the broker if they represent a tenant who leases the Premises. In such circumstances, Owner shall provide Listing Broker the funds necessary to pay the agreed upon tenant broker compensation, not to exceed the Offer Amount. Owner shall also pay Listing Broker the Offer Amount as additional compensation if any agent of Listing Broker represents the tenant who leases the Premises.>>31.32.33.34.35.36.37.38.39.40.41.42.43.44.45.46.47.48.49.50.51.52.53.54.55.56.57.58.59.60.61.62.63.64.65.66.67.68.69.70.71.72.73.74.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 3 of 8Page 3 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>Owner acknowledges that tenant broker represents the interest of the tenant(s), and not the interest of Owner, in a transaction unless the agent(s) of Listing Broker represent both Owner and tenant under Limited Representation as described in Section 6. Owner also acknowledges that tenant broker may credit part, or all, of their compensation to the tenant.Rental Renewal or Extension: Regardless of whether this Agreement has expired, Owner agrees to pay Listing Broker compensation of % of the gross rental amount OR $ within (ve) 5-days of rental renewal or extension.Purchase by Tenant: If during the terms of any rental of the Premises, including any renewals or holdovers, or within days after the rental’s termination, any tenant, or his heirs, executors, or assigns shall buy the Premises from Owner, the sale compensation described in Section 4 shall be deemed earned by and payable to Listing Broker. Broker (dispute): In the event a dispute arises between Listing Broker and any other broker(s) regarding payment of compensation, Owner shall not revoke or seek to amend compensation previously offered. Any compensation dispute between Brokers shall be resolved after the close of escrow in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed.Withdrawn/Cancelled Listings: The same amount of sale or rental compen ation shal be due and payable to Listing Broker if, without the consent of Listing Broker, the Premises is withdrawn from his A eement, otherwise withdrawn from sale or rental, or is rented, transferred, or conveyed by Owner through any o r broker or therwise.Payment from Escrow or Rent: Owner instructs the escrow company, if any, to pay ll uch compensation to Listing Broker by check, wire transfer, or certied funds as a condition to c sing or upon cancellation of the escrow, and irrevocably assigns to Listing Broker, to the extent necessary money ayable to Owner at the closing or cancellation of escrow. Listing Broker is authorized to deduct compens tion wed to isting B oker from any rent or other monies received by Listing Broker on Owner’s behalf.After Expiration: After the expiration of this Agreement, he sam compensation, as appropriate, shall be payable if a sale or rental is made by Owner to any perso o whom th Premises has been shown or with whom Owner or any broker has negotiated concerning the Premis s during th term of this Agreement: (i) within days after the expiration of this Agreement, unless the Premises as een list d on an exclusive basis with another broker; (ii) during the pendency, including the closing, of any purchas con ct or escrow relating to the Premises that was executed or opened during the term of this Agreem or (iii) as contem lated by Section 4. Failure to Complete: If completion of a sa or ren l is prevented by default of Owner, or with the consent of Owner, the entire sale or rental compensation, as app opriate, shall be paid to Listing Broker by Owner. If any earnest deposit is forfeited for any other reason, Ow r shall pay a brokerage fee equal to the lesser of one-half of the earnest deposit or the full amount of the compens tion.Construction: To the maximum e te t permitted by applicable law, this Agreement shall be construed as limiting applicable provisio s of aw relating o when compensation is earned or payable. In the event of any express disagreement b tween any provisio of this Agreement and the requirements of applicable law, the applicable provision of this Agreement hall be d m d as modied to the minimum extent necessary to ensure compliance with applicable law.5. FIXTURES & PERSONAL PROPERTYFixtures and Personal Property: For purposes of this Agreement, xtures shall mean property attached/affixed to the Premises. Owner agrees that all existing: xtures on the Premises, personal property specied herein, and means to operate xtures and property (i.e., remote controls) shall convey in this sale or rental. Including the following:• built-in appliances, ceiling fans andremotes• central vacuum, hose, and attachments• draperies and other window coverings• replace equipment (affixed)• oor coverings (affixed)• free-standing range/oven• garage door openers and remotes• light xtures• mailbox• media antennas/satellite dishes (affixed)• outdoor fountains and lighting• outdoor landscaping (i.e., shrubbery, treesand unpotted plants)• shutters and awnings• smart home devices, access to whichshall be transferred (i.e., video doorbell,automated thermostat)• speakers (ush-mounted)• storage sheds• storm windows and doors• stoves: gas-log, pellet, wood-burning• timers (affixed)• towel, curtain and drapery rods• wall mounted TV brackets and hardware(excluding TVs) • water-misting systems• window and door screens, sun shades>>75.76.77.78.79.80.81.82.83.84.85.86.87. 88.89.90.91.92.93.94.95.96.97.98.99.100.101.102.103.104.105.106.107.108.109.110.111.112.113.114.115.116.117.118.119.120.121.122.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 4 of 8Page 4 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>>>If owned by Owner, the following items also are included in this sale or rental:• affixed alternate power systems serving the Premises(i.e., solar)• in-ground pool and spa/hot tub equipment and covers(including any mechanical or other cleaning systems)• security and/or re systems and/or alarms• water purication systems• water softenersAdditional Existing Personal Property Which may be Included in this Sale (if checked): n refrigerator(s) (description):n washer(s) (description):n dryer(s) (description):n above-ground spa/hot tub including equipment, covers, and any mechanical or other cleaning systems (description): n other:Additional items of personal property which may be included in the sale or re al: Leased or Not Owned Items: The following items are leased or not owned by Own (if ch cked):n solar system n alarm system n propane tank n water so erOther leased or lien items not included in the sale or rental: Fixtures not included in the sale or rental: 6. AGENCYOwner Representation: Listing Broker s all rep esent Owner in any resulting transaction during the term of this Agreement, except as specied in Section Unless erwise agreed, Listing Broker acts as Owner’s agent only and has the duties of loyalty, dience, discl ure, condentiality, and accounting (Fiduciary Duties) as well as other duties imposed by the A zona Departmen f Real Estate. Owner acknowledges that Listing Broker may show prospective buyers the Premise and thi ll not constitute a conict of interest.Conduct of Broke Regardles f whom they represent, all brokers have the obligation to: (i) treat all parties to a transaction fai y; (ii) disclose, in writing, all facts known to the licensee that may materially and adversely affect the considerati n to be paid for the Premises; and (iii) disclose that Owner or buyer(s) may be unable to perform. REALTORS® a e furth oblig ed by the National Association of REALTORS® Code of Ethics to treat all partieshonestly.Limited Representa ion: limited agency may occur when Listing Broker procures a buyer(s) for the Premises. In this situation, the same real estate company may represent the Owner’s interest and the buyer’s interest but not to the detriment of the other party. Listing Broker can legally represent both parties with the knowledge and prior written consent of both parties. What Listing Broker Cannot Disclose to Clients Under Limited Representation: (i) condential information the Listing Broker may know about a client, without the client’s express consent; (ii) the price or terms the Owner will take other than the Price without permission of the Owner; (iii) the price or terms the buyer(s) is willing to pay without permission of the buyer(s); (iv) a recommended or suggested price or terms the buyer(s) should offer; and (v) a recommended or suggested price or terms the Owner should counter with or accept.Competing Owners: Owner understands that Lisitng Broker may have or obtain listings on other properties, and that potential buyer(s) may consider, make offers on, or purchase through Listing Broker, property the same as or similar to Owner’s Premises. Owner consents to Listing Broker’s representation of Owners and buyer(s) of other properties before, during, and upon expiration of this Agreement.123.124.125.126.127.128.129.130.131.132.133.134.135.136.137.138.139.140.141.142.143.144.145.146.147.148.149.150.151.152.153.154.155.156.157.158.159.160.161.162.163.164.165.166.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 5 of 8Page 5 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>>>7. BROKER AUTHORITYListing Broker’s Role: Listing Broker is not responsible for the custody or condition of the Premises or its management (except under separate contract), upkeep, or repair.Advertising: Owner agrees not to advertise or market the Premises in any manner without the prior written permission of Broker. Multiple Listing Service (MLS): Listing Broker is authorized to provide any and all information regarding the Premises to any MLS of which Listing Broker is a participant and to publish and disseminate such information in print or electronic form to MLS participants and the general public, including dissemination of the information through Internet Data Exchanges (IDX) and Virtual Office Websites (VOWs). Listing Broker is authorized to report the sale or rental of the Premises and its price, terms and nancing for dissemination through the MLS to MLS participants and the general public.All terms of the transaction, including sale price and nancing, if applicable, (i) will be provided to the MLS(s); and (ii) may be provided to the MLS even if the Premises is not listed with the MLS(s)Signs: Listing Broker n IS n IS NOT allowed to place Listing Broker’s “For Sale” sign or “For Rent” sign in conjunction with any customary sign rider on the Premises, and in the eve of a sale a “Sold” or “Pending” sign, or lease, a “Rented” sign (at Listing Broker’s discretion) on the Premises. Seller cknow edges that any public marketing of the Premises will require submission to the MLS within one business day.Photos/Video: Owner n DOES n DOES NOT authorize Listing Broker to place phot v deo images/virtual tours of the Premises on the internet and other media, electronic and on-lin media platforms. If uthorized by Owner to do so, such marketing will be performed at the sole discretion of Listing Brok Owner is cautioned to protect items in view. Owner acknowledges that once images are placed on he intern t, neith r Li ting Broker nor Owner has control over who can view such images and what use view s may ma e of the images, or how long such images may remain available on the internet. Owner further assign any ri hts, if owned, in all images to the Listing Broker and agrees that such images are the property Listing Br ker and that Listing Broker may use such images for advertising, including post sale and for Listing Bro er’s bu ness in the future. Lockbox/Keysafe: Listing Broker n IS n IS NOT uth ized to nstall a lockbox/keysafe. A lockbox/keysafe is designed to hold a key to the Premise permit ac ess t the Premises by Listing Broker, cooperating brokers, MLS participants, their authorized licensees nd r presen atives, authorized inspectors, and prospective buyers. Listing Broker, cooperating brokers, MLS and As ciation /Boards of REALTORS® are not insurers against injury, theft,loss, vandalism or damage attributed to the u e of a lockbox/keysafe. If Premises is rented, Owner must comply with providing proper notice to ten nt( ) pursuant to rizona law.Offers: Listing Broker n IS n I NOT uth ized to disclose the existence of offers, which includes the sales price and terms of sale or rent price a d t ms of lease, on the Premises. Subsequent Pu chase or Lease ffers: Listing Broker acknowledges that Owner has the right to accept subsequent offers until the ose of es in the case of a sale or until occupancy by a tenant in the case of a rental. Owner understands th any ubseque t offers accepted by Owner must be backup offers, namely, contingent on the cancellation or other nullicatio of any contracts arising from the acceptance of earlier offers. (Check if applicable) n A ept backup offers n Withhold verbal offers n Withhold all offers once Owner accepts a purchase contract or lease agreement for the Premises.Listing Broker will change or maintain the correct MLS Listing status in accordance with the MLS Rules and Regulations and any associated policies.Cancellation: Listing Broker reserves the right to cancel this Agreement unilaterally for cause, which shall include, but is not limited to, Listing Broker’s good faith belief that any service requested of Listing Broker or any action undertaken by anyone other than Listing Broker is (or could be determined to be) in violation of any applicable law.8. OWNER OBLIGATIONPremises Access: Owner shall provide access to the Premises at reasonable times and upon reasonable notice to allow for showing the Premises to prospective buyers and cooperating brokers.167. 168.169.170.171.172.173.174.175.176.177.178.179. 180.181.182.183.184.185.186.187.188.189.190.191.192.193.194.195.196.197.198.199.200.201.202.203.204.205.206.207.208.209.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 6 of 8Page 6 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>Security, Insurance, Showings, Audio and Video: Broker(s) is not responsible for loss of or damage to personal or real property or person, whether attributable to use of a keysafe/lockbox, a showing of the Premises, or otherwise. Third parties, including, but not limited to, appraisers, inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of the interior of the Premises. Owner agrees to: (i) take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the Premises; and (ii) obtain insurance to protect against these risks. Broker does not maintain insurance for the Owner’s benet. Persons visiting the Premises may not be aware that they could be recorded by audio or visual devices installed by Owner (such as “nanny cams” and hidden security cameras). Owner is advised to post notice disclosing the existence of security devices on the Premises, if any.Adverse Information: Owner has disclosed to Listing Broker all material latent defects and information concerning the Premises known to Owner, including all material information relating to: (i) connection to a public sewer system, septic tank or other sanitation system; (ii) the existence of any tax, judgment or other type of lien; (iii) past or present infestation by or treatment for wood-destroying pests or organisms; and (iv) past or resent repair of the Premises for damage resulting from wood destroying pests or organisms. During the term o this Agreement, Owner agrees to continue disclosing to Listing Broker all additional information of the type req ired by the preceding sentence promptly after Owner becomes aware of any such information by updating th Seller’s P operty Disclosure Statement, Residential Lease Owner’s Property Disclosure Statement or other written no e.Disclosures: Owner shall provide Listing Broker with accurate information about e Premi es. Owner acknowledges that Arizona law requires Owner to disclose material (important) facts about the Premise , even if Owner is not asked by the buyer(s) or a real estate agent. Owner agrees to provide th following disclosures, if applicable:1. Affidavit of Disclosure: If the Premises is located in an in porate area of the county, and ve (5) or fewerparcels of property other than subdivided property are eing tra sferred, Own shall deliver a completed Affidavit ofDisclosure in the form required by law to buyer withi ve (5) da after pur ase contract acceptance.2. Disclosure of Lead-Based Paint and Lead-Based P nt H zards (Sale or Rental): If the Premises structure wasbuilt before 1978, federal law requires that Ow provid e buyer or tenant with a lead-based paint disclosure form.3. Domestic Water Well Addendum Seller’s Proper Disclo ure Statement: If the Premises is served by adomestic water well, Owner shall deliver a comp eted omestic Water Well Addendum to buyer within three (3) daysof contract acceptance.4. Foreign Investment in Real Property x Act rticate: The Foreign Investment in Real Property Tax Act (“FIRPTA”)is applicable if Owner is a non-resident al n individu l, foreign corporation, foreign partnership, foreign trust, or foreignestate (“Foreign Person”). w er agrees to c mplete, sign, and deliver to Escrow Company a certicate indicatingwhether Owner is a Foreig Pers FIRPTA re uires that a foreign seller may have federal income taxes up to 15% ofthe purchase price withheld unless eption applies. Owner is responsible for obtaining independent legal and taxadvice.5. H.O.A. Cond minium / Plann d Community Addendum: If the Premises is in a residential HOA/Condominium orPlanned Un Development Own r shall complete and return to Listing Broker page 1 of the HOA Addendum.6. Insurance C i History Owner shall deliver to buyer a written ve (5) year insurance claims history regardingthe Premises (or a claims hi tory for the length of time Owner has owned the Premises if less than ve (5) years) fromOwner’s insurance comp y or an insurance support organization or consumer reporting agency, or if unavailablefrom these source m Owner, within ve (5) days after purchase contract acceptance.7. Residential Lease Agreement (Lease): If the Premises is to be sold while subject to a Lease, Owner shall provide acopy of the Lease to the Listing Broker.8. Residential Lease Owner’s Property Disclosure Statement (RLOPDS): The RLOPDS is designed to protect theOwner by disclosing pertinent information regarding the Premises.9. Seller’s Property Disclosure Statement (SPDS): The SPDS is designed to protect the Owner by disclosingpertinent information regarding the Premises. Owner shall complete and return the SPDS to Listing Broker.10. Solar Addendum: If a solar photovoltaic panel system (“Solar System”) has been installed on the Premises that issubject to a lease or unpaid loan, Owner shall complete and return the Solar Addendum to Listing Broker.Recommendations: If Listing Broker recommends a builder, contractor, escrow company, title company, pest control service, appraiser, lender, home inspection company or home warranty company or any other person or entity to >>210.211.212.213.214.215.216.217.218.219.220.221.222.223.224.225.226.227.228.229.230. 231.232.233.234.235.236.237.238.239.240.241.242.243.244.245.246.247.248.249.250.251.252.253.254.255.256.257.258.259.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 7 of 8Page 7 of 8Residential Listing Contract - Exclusive Right to Sell/Rent >>Owner for any purpose, such recommendations shall be independently investigated and evaluated by Owner, who hereby acknowledges that any decision to enter into any contractual arrangement with any such person or entity recommended by Listing Broker will be based solely upon such independent investigation and evaluation. Owner understands that said contractual arrangement may result in Compensation or fee to Listing Broker. Owner agrees it will not allow mechanic’s liens to be recorded against the Premises during the term of this Agreement or at any time prior to close of escrow.Indemnication: Owner hereby expressly releases, holds harmless and indemnies Listing Broker, all Boards or Associations of REALTORS®, MLS, and all other brokers from any and all liability and responsibility regardingdamage or loss arising from any misrepresentation or breach of warranty by Owner in this Agreement, any incorrect information supplied by Owner and any facts concerning the Premises not disclosed or withheld by Owner, including without limitation, any facts known to Owner relating to Adverse Information or latent defects. (OWNER’S INITIALS REQUIRED) 9. REMEDIESAlternative Dispute Resolution: Owner and Listing Broker (“Parties”) ag e to m diate any dispute or claim arising out of or relating to this Agreement. All mediation costs shall be paid e ua y by the Pa ties. In the event that mediation does not resolve all disputes or claims, the unresolved disputes or clai s shall b submitted for binding arbitration. In such event, the Parties shall agree upon an arbitrator and cooperate the cheduling of an arbitration hearing. If the Parties are unable to agree on an arbitrator, the dis ute shall be submi d to the American Arbitration Association (“AAA”) in accordance with the AAA Arbitration Rules for he Real Estate Industry. The decision of the arbitrator shall be nal and nonappealable. Judgment on th rd ren ered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the fore oing, ei er Par may opt out of binding arbitration within thirty (30) days after the conclusion of the mediation nference y notice t he other and in such event either Party shall have the right to resort to court action.The Parties agree that any and all disputes or c i s will b brought in the Parties’ individual capacity, and not as a plaintiff or class member in any purported class c lective, presentative, or other consolidated proceeding. The Parties hereby waive their right to commence, bec me party or remain a participant in any group,representative, class collective or hybrid class/collectiv action in a y pro eeding and the arbitrator shall not preside over any form of a group, representative or class coll tive roceed ng.(OWNER’S INITIALS REQUIRED) Attorney Fees and Costs: T e pre iling Party any dispute or claim arising out of or relating to this Agreement shall be awarded their reasona le attor ey fees and costs. Costs shall include, without limitation: expert witness fees, fees paid to investigators, and a itra on costs.10. ADDITIONAL TERMS AND CONDITIONS>>260.261.262.263.264.266.267.268.269.270.271.272.273.274.275.276.277.278.279.280.281.282.283.284.285.286.287.288.289.290.291.292.293.294.295.296.297.298.299.300.301.302.303.304.305.SAMPLE
Residential Listing Contract - Exclusive Right To Sell/Rent • Updated: August 2024Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.Page 8 of 8Page 8 of 8Assignment: Neither Listing Broker nor Owner may assign any rights or obligations pursuant to this Agreement without the prior written consent of the other, and any attempted assignment without consent shall be void and of no effect. Arizona Law: This Agreement shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona.Notice: Unless otherwise provided, delivery of all notices and documentation required or permitted shall be in writing addressed to Owner or Listing Broker as indicated in Sections 11 and 12 and deemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic mail, if email addresses are providedherein; (iv) sent by recognized overnight courier service, or (v) sent by U.S. mail, in which case the Notice shall bedeemed received when actually received or ve (5) days after the notice is mailed, whichever occurs rst.Days: All references to days shall be deemed to be calendar days unless otherwise provided. Copies and Counterparts: This Agreement may be executed by facsimile or oth r electronic means and in any number of counterparts. A fully executed facsimile or electronic copy of the Agre ment shall be treated as an original Agreement.Entire Agreement: This Agreement and any addenda and attachments shall onstit te the entire Agreement between Owner and Listing Broker and shall supersede any other written or oral agreem s. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provisions of th Agreement. The failure to initial any page of this Agreement shall not affect the validity or terms of this Agreement.Acceptance: The undersigned agree to the terms and conditions set th herein and acknowledges receipt of a copy of this Agreement.11. OWNER^ OWNER OR AUTHORIZED REPRESENTATIVE’S SIGNATURE M DA/YR OWNER OR AUTHORIZED REPRESENTATIVE’S SIGNATURE MO/DA/YR^ OWNER OR AUTHORIZED REPRESENTATIVE S PRINTED NAME ^ OWNER OR AUTHORIZED REPRESENTATIVE’S PRINTED NAME^ ADDRESS ^ ADDRESS^ CITY, STATE, ZIP CODE ^ CITY, STATE, ZIP CODE^ TELEPHONE ^ TELEPHONE ^ EMAIL ^ EMAIL 12. LISTING BROKERAgent is a member of the Association/Board of REALTORS® and subscribes to the REALTOR® Code of Ethics.^ AGENT’S SIGNATURE MO/DA/YR ^ AGENT’S SIGNATURE MO/DA/YR ^ AGENT’S PRINTED NAME ^ AGENT’S PRINTED NAME ^ PRINT FIRM NAME ^ PRINT FIRM NAME ^ TELEPHONE ^ TELEPHONE ^ EMAIL ^ EMAIL Residential Listing Contract - Exclusive Right to Sell/Rent306.307.308.309.310.311.312. 313.314.315. 316.317.320..326.327.328.329.330.331.332.333.334.335.336.337.338.339.340.341.342.343.344.Deah HendrikszHome Realty(425) 407-2800Deah@DHRealtor.comSAMPLE
+ LISTING CONTRACT ADDENDUM i � ® REALTOR• Home Realty1_·
REAL ESTATE AGENCY DISCLOSURE AND ELECTION i � A REALTORS" + ® REALTOR• 2_ Deah Bendriksz DISCLOSURE
PAGE 2 of 2Real Estate Agency Disclosure and Election • Updated: August 2024 • Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.PAGE 2 of 2Real Estate Agency Disclosure and Election >>ELECTIONAGENCY ELECTION DOES NOT ESTABLISH BROKER COMPENSATION.Compensation paid by a Buyer or Seller to their Broker is always fully negotiable and the amount chosen shall be documented in a separate written employment agreement after discussion with their Broker. Should a Seller also choose to offer compensation to a Buyer’s Broker, the offered amount is fully negotiable and agreed upon after discussion with Seller’s Broker.(BUYER OR SELLER INITIALS REQUIRED) / Buyer or Tenant Election (Complete this section only if you are the Buyer.) The undersigned elects to have the Broker(check any that apply): n represent the Buyer as Buyer’s Broker.n represent the Seller as Seller’s Broker.n show Buyer properties listed with Broker’s rm and Buyer agrees that Broker all act as gent for both Buyer andSeller provided that the Seller consents to limited representation. In the event of purchase, Buyer’s and Seller’sinformed consent should be acknowledged in a separate writing other than the pur ase contracSeller or Landlord Election (Complete this section only if you are the Se er.) The undersigned l ts to have the Broker(check any that apply): n represent the Buyer as Buyer’s Broker.n represent the Seller as Seller’s Broker.n show Seller’s property to Buyers represented by Broker’ rm and S ller agre hat Broker shall act as agent for bothSeller and Buyer provided that Buyer consents to the lim ted repre entation. In the event of a purchase, Buyer’s andSeller’s informed consent should be acknowledged in a se arat writing other than the purchase contract.The undersigned n Buyer(s) or n Seller(s) acknowledge tha th docume is a disclosure of duties. I/WE ACKNOWLEDGE RECEIPT OF A C PY OF THI DIS LOSURE.40.41.42.43.44.45.46.47.48.49.50.51.52.53.54.55.56.57.58.59.60.61.SIGNATURE MO/DA/YRPRINT NAMESIGNATURE MO/DA/YRPRINT NAMESAMPLE
123 Main St, ,Home RealtyCreated by Deah Hendriksz, Home Realty, with SkySlope® FormsSAMPLE
Buyer Broker Agreement
BUYER-BROKER EXCLUSIVE EMPLOYMENT AGREEMENT i � A @ REALTORS" >>
PAGE 2 of 3Buyer-Broker Exclusive Employment Agreement • August 2024 • Copyright © 2024 Arizona Association of REALTORS®. All rights reserved.PAGE 2 of 3The Broker Compensation shall be in U.S. currency and paid at the time of and as a condition of closing for purchase or exchange or as otherwise agreed upon in writing.a. Compensation from seller or seller’s broker: A seller or seller’s broker may offer compensation to Broker. Buyerauthorizes Broker to accept compensation from seller or seller’s broker, which shall be credited against Broker Compensation.If seller or seller’s broker’s offer of compensation is greater than the Broker Compensation, Broker shall be paid the Broker Compensation and the balance shall be credited to Buyer (to the extent allowed by Buyer’s lender). Broker will not receive any amount greater than Broker Compensation from any source for services provided in this Agreement.If seller or seller’s broker’s offer of compensation is less than the Broker Compensation, Buyer may request seller to pay the Broker Compensation as part of an offer to purchase the Property. Any Broker Compensation not paid by seller or seller’s broker shall be paid by Buyer.Notice: Unless modied by VA regulations, VA nanced transactions shall be conditioned upon the BrokerCompensation being paid by the seller or seller’s broker.b. Failure to Complete: Once an acceptable Property is located, Buyer agrees to act in good faith to acquire the Propertyand conduct any inspections/investigations of the Property that Buyer deems m erial and/ important. If completion of anytransaction is prevented by Buyer’s breach or with the consent of Buyer other tha as prov ded in the purchase contract, theBroker Compensation shall be due and payable by Buyer.c. Compensation After Expiration Date: After the Expiration Date of this Agree ent Buyer agrees to pay BrokerCompensation if: (i) within calendar days after the Expira n Date, Buyer ente into an agreement to purchase,exchange, or option any Property shown or negotiated by Broker on beh f of Buyer during the Term of this Agreement; or (ii)Buyer closes escrow on a Property pursuant to a purchase c trac hat wa execute during the Term of this Agreement; or(iii) Buyer closes escrow on a Property for which escrow w opened uring th Te m of this Agreement.Listings: Broker shall show property listings that t Buyer’s iteria r gardless of the compensation offered to Broker by seller or seller’s broker unless instructed otherwise by Buy in wri g If necessary, Buyer instructs Broker to negotiate Broker Compensation be paid by seller or seller’s broker. These gotiatio s shall not jeopardize, delay, or interfere with the initiation, processing or nalizing of a transaction. Notice: If Buyer decides they d wish to vi w prop rty listings unless the seller or seller’s broker hasoffered adequate compensation to Broke the B yer must make that instruction to Broker in writing.Equal Housing Opportunity: Broker’s policy is to a ide by all local, state, and federal laws prohibiting discrimination against any individual or group of individuals. rok may not di lose the racial, ethnic, or religious composition of any neighborhood, community, or building, nor whether ersons disabilities are housed in any home or facility, except that Broker may identify housing facilities meeting the ne ds o a dis bled buyer. For more information, consult Fair Housing Advisory.Other Potential Buyer Buyer consent and acknowledges that other potential buyers represented by Broker may consider, make offers on, or ac uire an interest in th same or similar properties as Buyer is seeking.Release of Broker: Bu ognizes, cknowledges, and agrees that Broker is not qualied, nor licensed to offer advice on nancial, legal or tax matters regarding real esta transactions (“Related Services”). Broker, if requested, may provide Buyer the names of third-party professionals who claim to p form Related Services. Buyer is instructed to independently investigate all potential third-party professionals and use their sole discretion in selecting which third-party professionals to hire, if any. Buyer expressly releases, holds harmless, and indemnies Broker from any and all liability and responsibility regarding Buyer’s selection and use of third-party professionals to perform Related Services or Buyer’s election not to use the services of such third-party professionals.(BUYER’S INITIALS) / Additional Terms and Conditions:Alternative Dispute Resolution (“ADR”): Buyer and Broker (the “Parties”) agree to mediate any dispute or claim arising out of or relating to this Agreement in accordance with the mediation procedures of the applicable state or local REALTOR® association >>3 7.38.39.40.4 1.42.43.44.45.46.4 7.4849.50.5 1.52.53.54.55.56.5 7.58.59.60.6 1.62.63.64.65.66.6 7.68.69.70.7 1.72.73.74.75.76.7 7.78.79.80.8 1.82.SAMPLE
UNREPRESENTED BUYER DISCLOSURE i� @ 3. I 8.
AdditionalAddendums
H.O.A. CONDOMINIUM / + PLANNED COMMUNI ADDENDUM i � a @ REALTOR• >>
ADDITIONAL OBLIGATIONSIf the homeowner’s association has less than 50 units, no later than ten (10) days after Contract acceptance, the Seller shall provide in writing to Buyer the information described below as required by Arizona law.If the homeowners association has 50 or more units, Seller shall furnish notice of pending sale that contains the name and address of the Buyer to the homeowner’s association within five (5) days after Contract acceptance and pursuant to Section 3d of the Contract. Escrow Company is instructed to provide such notice on Seller’s behalf. The association is obligated by Arizona law to provide information described below to Buyer within ten (10) days after receipt of Seller’s notice. BUYER IS ALLOWED FIVE (5) DAYS AFTER RECEIPT OF THE INFORMATION FROM THE SELLER(S) OR HOMEOWNER’S ASSOCIATION TO PROVIDE WRITTEN NOTICE TO SELLER OF ANY ITEMS DISAPPROVED. 34.35.36.37.38.39.40.41.42.43.44.45.46.47.48.49.50.51.52.53.54.55.56.57.58.59.60.61.62.63.64.65.66.Page 2 of 3H.O.A. Condominium / Planned Community Addendum • October 2021 • Copyright © 2021 Arizona Association of REALTORS®. All rights reserved.H.O.A. Condominium / Planned Community Addendum >>Page 2 of 3>>INFORMATION REQUIRED BY LAW TO BE PROVID D TO BUYER:1. A copy of the bylaws and the rules of the association.2. A copy of the declaration of Covenants, Conditions and Restrictions (“CC&Rs”).3. A dated statement containing:(a) The telephone number and address of a principal contact or the a sociatio which may be an association manager, anassociation management company, an officer of the as ciation or y other p n designated by the board of directors.(b) The amount of the common expense assessment and unpai common expense assessment, special assessment orother assessment, fee or charge currently due d payabl fr m the Seller.(c) A statement as to whether a portion of the unit is cov red by in urance maintained by the association.(d) The total amount of money held by the association as re rves.(e) If the statement is being furnished by e a ciation, a statement as to whether the records of the association reflect anyalterations or improvements to the unit th t viola the eclaration. The association is not obligated to provide informationregarding alterations or improvements that o curred mo than six years before the proposed sale. Seller remains obligated to disclose alterations or mp vements to th Premises that violate the declaration. The association may take actionagainst the Buyer for violati ns app nt at the t e of purchase that are not reflected in the association’s records.(f) If the statement is being furnis ed by he Sell , a statement as to whether the Seller has any knowledge of any alterationsor improvements the unit tha v olate the declaration.(g) A statemen of case names and case numbers for pending litigation with respect to the Premises or the association,including t e amount y mone claimed.4. A copy of the current operating budget of the association.5. A copy of the most rec nnual financial report of the association. If the report is more than ten pages, the association mayprovide a summary of the report in lieu of the entire report.6. A copy of the most recent reserve study of the association, if any.7. Any other information required by law.8. A statement for Buyer acknowledgment and signature are required by Arizona law.SAMPLE
BUYER’S ACKNOWLEDGMENT AND TERMSBuyer: Seller: Premises Address: NOTE: LINES 71-76 TO ONLY BE COMPLETED BY BUYER, AND NOT SELLER!The following additional terms and conditions are hereby included as a part of the Contract between Seller and Buyer for the above referenced Premises.Transfer Fees shall be paid by: n Buyer n Seller n Other Capital Improvement Fees shall be paid by: n Buyer n Seller n Other Any additional fees not disclosed on page 1 and payable upon close of escrow shall be pai by: n Buy n Seller n Other ___ __Buyer shall pay all Prepaid Association Fees.Seller shall pay all Disclosure Fees as required by Arizona law.In a financed purchase, Buyer shall be responsible for all lender fees charged to obtain sociation(s)/M nagement Company(ies) documents.BUYER VERIFICATION: Buyer may contact the Association(s)/M nageme Comp y(ies or verbal verification of association FEES PAYABLE UPON CLOSE OF ESCROW.ASSESSMENTS: Any current homeowner’s association assessme which s a lien as of Close of Escrow shall be paid in full by Seller. Any assessment that becomes a lien after Close of Escrow Buyer’s onsibility.ADDITIONAL TERMS AND CONDITIONS BUYER ACKNOWLEDGEM NT: By signi elow, Buyer acknowledges receipt of all three (3) pages of this addendum and acknowledges that, although Seller has sed best efforts to entify the amount of the fees stated herein, the precise amount of the fees may not be known until written disclosure ocuments ar furnish d by the Association(s)/Management Company(ies) per Arizona law (A.R.S. § 33-1260 and §33-1806). Buyer furt r ackn edges hat Broker(s) did not verify any of the information contained herein. Buyer therefore agrees tohold Seller and Broker(s) mless shou the FEES PAYABLE UPON CLOSE OF ESCROW prove incorrect or incomplete.The undersigned agrees to the additi nal terms and conditions set forth above and acknowledges receipt of a copy hereof.^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YRSELLER’S ACCEPTANCE:^ SELLER’S SIGNATURE MO/DA/YR ^ SELLER’S SIGNATURE MO/DA/YR67.68.69.70.71.72.73.74.75.76.77.78.79.80.81.82.83.84.85.86.87.88.89.90.91.92.93.94.95.96. 97.98.Page 3 of 3H.O.A. Condominium / Planned Community Addendum • October 2021 • Copyright © 2021 Arizona Association of REALTORS®. All rights reserved.H.O.A. Condominium / Planned Community Addendum >>Page 3 of 3123 Main St, ,SAMPLE
WIRE FRAUD ADVISORY Criminals are targeting social media and email to steal information. This is particularly common n real estate transactions because sensitive data, including social security numbers, bank account numbers, and wire instructio s are often sent by electronic means. We do not want you to be the next victim of wire fraud. Money wired to a fraudulent acc unt is stol money that typically cannot be recovered. Additionally, there is generally no insurance for this loss. You may never get e mo ey back. DO NOT TRUST ANY EMAIL(S) CONTAINING WIRE INSTRUCTIONS • If you receive an email containing wire transfer ins uctions, immediately a your escrow officer toensure the validity of the instructions.DO NOT TRUST EMAILS SEEKING PERSONAL/F NANCIA INFOR ATIO• If you receive an email requesting per nal/financi informati or asking you to download, click on alink, send, and/or do anything that may em un ual to you, call your escrow officer immediately prior toacting on the suspicious email to rify the al ity of the email.TRUST YOUR SOURCE OF INFORMATION • Never direct, accept or allow anyone in th ransaction to consent to receiving transfer instructionswithout a direct perso l t phone c ll to th individual allegedly providing the instructions.• It is imperative that this c l be m de to a number obtained in person from the individual or through otherreliable means, not from a n mber pro ded in the email or the wiring instructions.Before you wire funds to any party (including your lawyer, title agent, mortgage broker, or real estate agent) personally meet them or call a verified telephone number (not the telephone number in the email) to confirm before you act! Immediately notify your banking institution and Settlement/Title Company if you are a victim of wire fraud. The undersigned acknowledges receipt of this Wire Fraud Advisory. Name Name Signature Date Signature Date ONLINE RESOURCES: There are many online sources that ca pro de usef l information regarding similar topics including, but not limited to, the following sites: The Federal ureau of Investiga on @ www.fbi.gov/scams-and-safety The Intern Crime Co int Ce er @ www.ic3.gov The Nation Wh Collar C me Center @ https://www.nw3c.org/services/research/cyber-crime-links On Guard Online @ www.o guardonline.gov Consumer Financial Prot tion Bureau (CFPB) @ www.consumerfinance.gov/ about-us/blog/mortgage-closing-scams-how-protect-yourself-and-your-closing-funds/ PROTECT YOURSELF VERIFY AND NOTIFY Created by Deah Hendriksz, Home Realty, with SkySlope® FormsSAMPLE
Discrimination is ILLEGALIt is illegal under the Federal Fair Housing Act and Arizona Fair Housing laws for a property owner/seller, landlord, property manager or real estate professional to discriminate in the sale, rental, and nancing of housing and in other housing-related activities against another person based on certain protected characteristics. e National Association of REALTORS® Code of Ethics also prohibits discrimination or aiding in discrimination. It is unlawful to discriminate on the basis of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. Discrimination based on a protected class includes, but is not limited to, the following:• Refusing to rent, sell, negotiate, or falsely denying housing is available or otherwise ma ng h using unavailable;• Setting or imposing dierent terms, conditions or privileges for sale or rental of housing, or rovidin a person with dierenthousing services or facilities;• Making, printing or publishing any notice, statement or advertisement with r pect to the sale or rental of a dwelling thatindicates any preference, limitation or discrimination;• Using dierent qualication criteria or applications, or sale o rental stan ards or pro dures, such as income standards,application requirements, application fees, credit analyses, sa or rental approval procedures or other requirements;• Limiting privileges, services or facilities of housing;• Refusing to allow reasonable disability accommodations for a assistiv ide, assistive animal, parking, or physical modications;• “Steering” which occurs when a person is g d towards o away om certain neighborhoods, locations or buildings; or• For prot, persuade, or try to persuade, homeo ners to ll t eir homes by suggesting that people of a particular protectedcharacteristic are about to move into the neighbor ood (blockbusting).e undersigned acknowledges receipt f this Fa Housing Advisory.Name Signature DateName Signature Date For more information about your rights and options, go to: Arizona Attorney General’s Oce - https://www.azag.gov/civil-rights/discrimination/housing U.S. Department of Housing and Urban Development - https://www.hud.gov/program_oces/fair_housing_equal_opp/fair_housing_act_overviewIf you believe you have been a victim of housing discrimination, you may le a complaint with: • e Arizona Attorney General’s oce - https://www.azag.gov/complaints/civil-rights• U.S. Department of Housing and Urban Development - https://www.hud.gov/fairhousing/leacomplaint• e Arizona REALTORS® - https://www.aaronline.com/resolve-disputes/ling-an-ethics-complaint/Created by Deah Hendriksz, Home Realty, with SkySlope® FormsSAMPLE
MARKET CONDITIONS ADVISORY i � A a REALTOR8° 7 ®
Property Description
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SellersProperty Disclosure
RESIDENTIAL SELLER DISCLOSURE ADVISORY i � AWHEN IN DOUBT - DISCLOSE! ® REALTORS" REALTOR• on1Yt V ®
RESIDENTIAL SELLER'S PROPERTY DISCLOSURE STATEMENT (SPDS) i � a @ REALTOR• MESSAGE TO THE SELLER: MESSAGE TO THE BUYER: PROPERTY AND OWNERSHIP 4. 1 ----------------------------------------------->> Initials> BUYER BUYER
Page 2 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.NOTICE TO BUYER: If the Property is in a subdivision, a subdivision public report, which contains a variety of information about the subdivision at the time the subdivision was approved, may be available by contacting the Arizona Department of Real Estate or the homebuilder. The public report information may be outdated. www.azre.gov YES NO n n Have you entered into any agreement to transfer your interest in the Property in any way, including rental renewalsor options to purchase? Explain: n n Are you aware if there are any association(s) regulating the Property? If yes, n Mandatory n Voluntary (If no, skip to line 40.) If yes, provide contact(s) information: Name: Phone #: Name: Phone #: n n If yes, are there any fees? How much? $ How often? How much? $ How often? n n Are you aware if the Property has any association(s) notices of potential viol on(s) or unresolved violation(s)?Explain:n n Are you aware of any pending or anticipated disputes or litigation regardin the Pr erty or the association(s)?Explain:n n Are you aware of any of the following recorded against the Property? (Check all tha pplyn Judgment liens n Tax liens n Notice of Default n Ot r non-consensual liensExplain:n n Are you aware of any assessments affecting the Pro erty? (C ck all th app ):n Paving n Sewer n Water n Electric n OtherExplain:n n Are you aware of any of the following title i u s affectin the Property? (Check all that apply):n Recorded easements n Use restrictions n ot line d utes n Encroachments n Variance(s)n Unrecorded easements n U e permits n OtheExplain:n n Are you aware if the Property is locate within th undaries of a Community Facilities District (CFD)? (If no, skip to line 54.)If yes, provide the nam f the CFD: n n If yes, are there any fe s? H much? $ How often? The CFD fees are n Inc ded n the Property Taxes n Paid Separatelyn n Are you ware of any pub or private use paths or roadways on or across the Property? Explain: n n Are y u awa of any p oblems with legal or physical access to the Property? Explain: The road/str et ac ss to the Property is maintained by the n County n City n Homeowners’ Association n Privately n Not Maintainedn n If privately maintained, is there a road maintenance agreement? (Attach agreement if available.)Explain:n n Are you aware of any notices of potential violation(s) or unresolved violation(s) of any of the following? (Check all that apply):n Zoning n Building Codes n Utility Service n Sanitary health regulations n Municipal Ordinancesn Covenants, Conditions, Restrictions (CC&R’s) n Other (Attach a copy of notice(s) if available.)Explain:Residential Seller’s Property Disclosure Statement (SPDS) >>>>26.27.28.29.30.31.32.33.34.35.36.37.38.39.40.41.42.43.44.45.46.47.48.49.50.51.52.53.54.55.56.57.58.59.60.61.62.63.64.65.SAMPLE
Page 3 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.NOTICE TO BUYER: Your claims history, your credit report, the Property’s claims history, occupancy and other factors may affect the insurability of the Property and at what cost. Under Arizona law, your insurance company may cancel your homeowner’s insurance within 60 days after the effective date. Contact your insurance company.n n Are you aware of any homeowner’s insurance claims having been led against the Property?Explain:BUILDING AND SAFETY INFORMATION YES NO ROOF / STRUCTURAL:NOTICE TO BUYER: Contact a professional to verify the condition of the roof.Approximate age of roof? n n Are you aware of any past or present roof leaks? Explain: n n Are you aware of any other past or present roof problems? Explain: n n Are you aware of any roof repairs? Explain: n n Is there a roof warranty? (Attach a copy of warranty if a aila )n n If yes, is the roof warranty transferable? Cost to tra sfer: n n Are you aware of any interior wall/ceiling/door/win ow/oor p blems? Explain: n n Are you aware of any past or present crack or ettling in lving the foundation, exterior walls or slab? Explain: n n Are you aware of any chimney place prob ems, if pplicable? Explain: n n Are you aware of any damage to any ucture on he Property by any of the following? (Check all that apply):n Flood n Fire n Wind n Expansive il(s) n Water n Hail n OtherExplain: WOOD INF STATION:NOT CE TO BUYER: Con ct Office of Pest Management for past termite reports or treatment history on le. http //agricul e.a govAre you aware of any o the following:n n Past presence of te mites or other wood destroying organisms on the Property?n n Current presence of termites or other wood destroying organisms on the Property?n n Past or present damage to the Property by termites or other wood destroying organisms?Explain:n n Are you aware of past or present treatment(s) of the Property for termites or other wood destroying organisms? (If no, skip to line 105.)If yes, date last treatment was performed: Name of treatment provider(s): n n Is there a treatment warranty? (Attach a copy of warranty if available.)n n If yes, is the treatment warranty transferable? Cost to transfer: ____________________.Residential Seller’s Property Disclosure Statement (SPDS) >>>>66.67.68.69.70.71.72.73.74.75.76.77.78.79.80.81.82.83.84.85.86.87.88.89.90.91.92.93.94.95.96.97.98.99.100.101.102.103.104.SAMPLE
Page 4 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.YES NO HEATING & COOLING:Heating: Type(s) Approximate Age(s) Cooling: Type(s) Approximate Age(s) n n Are you aware of any past or present problems with the heating or cooling system(s)?Explain:PLUMBING:n n Are you aware of the type of water pipes, such as galvanized, copper, PVC, CPVC, PEX or polybutylene?If yes, identify: n n Are you aware of any past or present plumbing problems? Explain: n n Are you aware of any water pressure problems? Explain: Type of water heater(s): n Gas n Electric n Solar n Tankless Approx. Age : n n Are you aware of any past or present water heater problems? Explain:n n Is there a landscape watering system? If yes, type: n atic Tim r n Manu l n Bothn n If yes, are you aware of any past or present problem with the ndscape at ng system?Explain:n n Are there any water treatment systems? (Check all th a ly):n Water Filtration n Reverse Osmosis n W er Soften r n OtherIs water treatment system(s) n Owned n Lease (Attach copy of lease if available.)n n Are you aware of any past or pr t problems with th water treatment system(s)?Explain:SWIMMING POOL/SPA/HOT TUB/SA NA/WATER FEATURE:n n Does the Property co ain a f the follow g? (Check all that apply): n Swimming pool n S a n Hot tu n Sauna n Water featuren n If yes, are either of the fo ng heated? n Swimming pool n Spa If yes, type of heat: n n Are yo aware of any past present problems relating to the swimming pool, spa, hot tub, sauna or water feature?Expl n:n n Are you are if a swimming pool was: n Removed n Capped/decked over n FilledExplain:n n Do you lease any pool equipment? Explain: ELECTRICAL AND OTHER RELATED SYSTEMS:n n Are you aware of the type of wiring? (Check all that apply): n Copper n Aluminum n Othern n Are you aware of any past or present problems with the electrical system? Explain: n n Is there a charging station for an electric vehicle? If yes, n Owned n Leased (Attach a copy of lease if available.)n n Is there a security system? If yes, is it (Check all that apply):n Owned n Leased (Attach a copy of lease if available.) n Monitored n Othern n Are you aware of any past or present problems with the security system? Explain: Residential Seller’s Property Disclosure Statement (SPDS) >>>>105.106.107.108.109.110.111.112.113.114.115.116.117.118.119.120.121.122.123.124.125.126.127.128.129.130.131.132.133.134.135.136.137.138.139.140.141.142.143.144.145.146.147.SAMPLE
Page 5 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved. YES NO n n Does the Property contain any of the following systems or detectors? (Check all that apply):n Smoke/re detection n Fire suppression (sprinklers) n Carbon monoxide detectorn n If yes, are you aware of any past or present problems with the above systems? Explain: MISCELLANEOUS:n n Are you aware of any animals/pets that have resided in the Property? If yes, what kind: n n Are you aware of or have you observed any of the following anywhere on the Property? (Check all that apply):n Scorpions n Rabid animals n Bee swarms n Rodents n Reptiles n Bed Bugs n OtherExplain:n n Has the Property been serviced or treated for pests, reptiles, insects, bird or animals If yes, how often:Name of service provider(s): Dat f last s vice: NOTICE TO SELLER AND BUYER: A contractor’s license is required for w rk perform d on a property unless the aggregate contract price, including labor and material, is less than $1 00, the work performed is of a “casual or minor nature,” and no building permit is requi d. An unlicensed pr rty owner may also perform work themselves if the property is intended for occupancy s ely by the owner. If, however, the property is listed or offered for sale or rent within one year of the com l ted wo it is consid red prima facie evidence that the owner performed the work for purposes of sale o ent. wners o propert who are acting as developers, who improve structures or appurtenances to struct es on th proper fo the purpose of sale or rent, and who contract with a licensed general contractor m st identify e licensed contractors’ names and license numbers in all sales documents. (A.R.S. § 32-1121)n n Are you aware of any work performed on th P perty, s h as building, plumbing, electrical or other improvementsor alterations or room conversions? (If no, sk p to ne 186.)n n Are you aware if permits for the work were obt ned? Explain: n n Was the work performed by a p son ensed to perform the work? Explain: n n Was approval for the work required any as cia ion governing the Property? Explain: n n If yes, was approval g nted by the asso iation? Explain: n n Was the work comple d? Exp in: List the names and licens numb s of all ntractors and scope of work that has been performed on the Property in the past year:Contractor Nam License Number Scope of Work Explain: n n Are there any security bars or other obstructions to door or window openings? Explain: If there are security bars, are quick releases installed in the bedrooms? Explain: n n Are you aware of any past or present problems with any built-in appliances? Explain: Residential Seller’s Property Disclosure Statement (SPDS) >>>>148.149.150.151.152.153.154.155.156.157.158.159.160.161.162.163.164.165.166.167.168.169.170.171.172.173.174.175.176.177.178.179.180.181.182.183.184.185.186.187.188.189.SAMPLE
Page 6 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.UTILITIES/SERVICESDOES THE PROPERTY CURRENTLY RECEIVE THE FOLLOWING SERVICES? YES NO NAME OF PROVIDERn n Cable / Satellite: n n Electricity:n n Fire:n Public n Privaten n Flood Irrigation: n n Fuel: n Natural gas n Propane n OilIf propane tank, n Owned n Leased (Attach a copy of lease if available.)n n Garbage Collection: n Public n Privaten n Internet:n n Telephone:n n Water Source: n Public n Private water co. n Hauled watern Private well n Shared well If water source is a private or s ared well, complete and attach Domestic WaterWell/Water Use Addendum. NOTICE TO BUYER: If the Property is served by well, priv e water m any or a municipal water provider,the Arizona Department of Water Resources m y not have made a water supply determination.For more information about water supply, or any f the ove services, contact the provider.n n Are you aware of any past or present drink g ater pro ms? Explain: n n U.S. Postal Service delivery is av ilable at: n Proper n Post Office n Othern Cluster Mailbox, Box Number ocation n n Are there any alternate power system serving Property? (If no, skip to line 224.)If yes, indicate type ( h k all that apply)n Solar n Wind n Generato n Othern n Are you aware of any pa or p esent problems with the alternate power system(s)? Explain: n n Are a y alternate power sys ms serving the Property leased? Explain: If yes, provide name an phone number of the leasing company (Attach copy of lease if available.): NOTICE TO BUYER: If the Property is served by a solar system, Buyer is advised to read all pertinentdocuments and review the cost, insurability, operation, and value of the system, among other items.SEWER/WASTEWATER TREATMENTYES NOn n Is the entire Property connected to a sewer?n n If no, is a portion of the Property connected to a sewer? Explain: n n If the entire Property or a portion of the Property is connected to a sewer, are you aware if a professional veried thesewer connection? If yes, how and when: n n Is there a lift pump? Explain: Residential Seller’s Property Disclosure Statement (SPDS) >>>>190.191.192.193.194.195.196.197.198.199.200.201.202.203.204.205.206.207.208.209.210.211.212.213.214.215.216.217.218.219.220.221.222.223.224.225. 226.227.228.229.SAMPLE
Page 7 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.NOTICE TO BUYER: Contact a professional to conduct a sewer verication test. YES NOType of sewer: n Public n Private n Planned and approved sewer system, but not connectedName of Provider: n n Are you aware of any past or present problems with the sewer? Explain: n n Is the Property served by a septic/On-Site Wastewater Treatment Facility? (If no, skip to line 250.)If yes, the Facility is: n Conventional septic system n Alternative system; type: Number of Facilities: n n If the Facility is an alternative system, is it currently being serviced under a maintenance contract?If yes, name of contractor: Phone #: Approximate year Facility was installed: (Attach copy of permit if available.) n n Are you aware of any repairs or alterations made to this Facility since origina nstallationExplain:Approximate date of last Facility inspection and/or pumping of septic tank: n n Are you aware of any past or present problems with the Facility Explain: n n Are you aware if a Facility was: n Abandoned n Capped n Remo edExplain: NOTICE TO SELLER AND BUYER: The A zona Dep ment of Environmental Quality requires a Pre-Transfer Inspection of On-Site Wastewater Treatm nt acilities n re-sale properties.ENVIRONMENTAL INFORMATION YES NOn n Are you aware of any past or present i ues or pro lems with any of the following on the Property? (Check all that apply):n Soil settlement/exp nsi n Drainag rade n Erosion n Fissures n Dampness/moisture n OtherExplain:n n Are you aware of any pa or resent issues or problems in close proximity to the Property related to any of thefollowi g? (Check all that pply):n So settlement nsion n Drainage/grade n Erosion n Fissures n OtherExplaNOTICE TO BUYER he Arizona Department of Real Estate provides earth ssure maps to any memberof the publi nted or electronic format upon request and on its website at www.azre.gov. n n Are you aware if the Property is subject to any present or proposed effects of any of the following? (Check all that apply):n Airport noise n Traffic noise n Rail line noise n Neighborhood noise n Landll n Toxic waste disposaln Odors n Nuisances n Sand/gravel operations n OtherExplain:n n Are you aware if any portion of the Property has ever been used as a “Clandestine drug laboratory” (manufacture of,or storage of, chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD)?n n Are you aware if the Property is located in the vicinity of a public or private airport?Explain: Residential Seller’s Property Disclosure Statement (SPDS) >>>>230.231.232.233.234.235.236.237.238.239.240.241.242.243.244.245.246.247.248.249.250.251.252.253.254.255.256.257.258.259.260.261.262.263.264.265.266.SAMPLE
Page 8 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.Residential Seller’s Property Disclosure Statement (SPDS) >>YES NONOTICE TO SELLER AND BUYER: Pursuant to Arizona law a Seller shall provide a written disclosure to the Buyer if the Property is located in territory in the vicinity of a military airport or ancillary military facility as delineated on a map prepared by the State Land Department. The Department of Real Estate also is obligated to record a document at the County Recorder’s Office disclosing if the Property is under restricted air space and to maintain the State Land Department Military Airport Map on its website at www.azre.gov.n n Is the Property located in the vicinity of a military airport or ancillary military facility?Explain:n n Are you aware of the presence of any of the following on the Property, past or present? (Check all that apply): n Asbestos n Radon gas n Lead-based paint n Pesticides n Underground storage tanks n Fuel/chemical storageExplain:n n Are you aware if the Property is located within or subject to any of the following ord ances? (Check all that apply):n Superfund / WQARF / CERCLA n Wetlands area n Natural Area Open pacesn n Are you aware of any open mine shafts/tunnels or abandoned wells on the roperty?If yes, describe location: n n Are you aware if any portion of the Property is in a ood plain/way? Explain: n n Are you aware of any portion of the Property ever having been o ded? Explain: n n Are you aware of any water damage or water leaks any kind n the Pro ert Explain: n n Are you aware of any past or present mold owth on e operty? Explain: NOTICE TO BUYER: Your mort age lender [may] [ ll] require you to purchase ood insurance in connectionwith your purchase of this property The Nati nal Flo d Insurance Program provides for the availability of ood insurance and establishes ood suranc pol y premiums based on the risk of ooding in the area where properties are located. Recent chang s to fede al law (The Biggert-Waters Flood Insurance Reform Act of 2012 and the Homeowner Flo d Insurance A ordability Act of 2014, in particular) will result in changes to ood insurance premiums at are l ly to be higher, and in the future may be substantially higher, than premiums paid for ood insuranc prior o or a he time of sale of the property. As a result, purchasers of property should not rely on the premium paid for ood insurance on this property previously as an indication of the premiums that wi apply after comp tion of the purchase. In considering purchase of this property you should consult with ne or more riers o ood insurance for a better understanding of ood insurance coverage, current and antic ated f ure oo insurance premiums, whether the prior owner’s policy maybe assumed by a subs quent purchaser of the property, and other matters related to the purchase of oodinsurance for the pr perty. You may also wish to contact the Federal Emergency Management Agency (FEMA)for more info on about ood insurance as it relates to this property.OTHER CONDITIONS AND FACTORSWhat other material (important) information are you aware of concerning the Property that might affect the Buyer’s decision-making process, the value of the Property, or its use? Explain: ADDITIONAL EXPLANATIONS>>267.268.269.270.271.272.273.274.275.276.277.278.279.280.281.282.283.284.285.286.287.288.289.290.291.292.293.294.295.296.297.298.299.300.301.302.303.304.305.306.307.308.SAMPLE
Page 9 of 9Residential Seller’s Property Disclosure Statement (SPDS)Updated: February 2023 • Copyright © 2023 Arizona Association of REALTORS®.All rights reserved.SELLER CERTIFICATION: Seller certies that the information contained herein is true and complete to the best of Seller’s knowledge as of the date signed. Seller agrees that any changes in the information contained herein will be disclosed in writing by Seller to Buyer prior to Close of Escrow, including any information that may be revealed by subsequent inspections. Seller acknowledges receipt of Residential Seller Disclosure Advisory titled When in Doubt — Disclose.^ SELLER’S SIGNATURE MO/DA/YR ^ SELLER’S SIGNATURE MO/DA/YRBUYER’S ACKNOWLEDGMENT: Buyer acknowledges that the information contained herein is ba ed only on the Seller’s actualknowledge and is not a warranty of any kind. Buyer acknowledges Buyer’s obligation to investig e any material (important) factsin regard to the Property. Buyer is encouraged to obtain Property inspections by professional i dependent third parties and toconsider obtaining a home warranty protection plan. NOTICE: Buyer acknowledges that by law, Sellers, Lessors and Brokers are not obligated to discl e at the Prope y is or has been: (1) the site of a natural death, suicide, homicide, or any other crime classied as a felony; (2) owned or o upied by a erson exposed to HIV, diagnosed as having AIDS or any other disease not known to be transmitted through common occupan of re estate; or (3) located in the vicinity of a sex offender.By signing below, Buyer acknowledges receipt only of this SPDS. If B er disap roves of an items provided herein, Buyershall deliver to Seller written notice of the items disapproved as p vided the C tract.^ BUYER’S SIGNATURE MO/DA/YR BUY R’S SIGNATURE MO/DA/YRNOTICE TO SELLER AND BUYER: In the event Seller need to upd e any disclosures contained herein, the Arizona Association of REALTORS® Notice/Disclosure form is availa e for th purpose.Residential Seller’s Property Disclosure Statement (SPDS) >>309.310.311.312.313.314.315.316.317.318.319.320.321.322.323.324.325.326.327.328.329.330.331.332.333.SAMPLE
BuyersRequest For Repairs
i � 123 Main st, , @ 0 0 0 >>
Buyer acknowledges that Broker(s): ( make no representations concerning the competency of any inspectors, contractors and/or repair persons and assume no resp nsibility for any deciencies or errors made; and (2) neither Seller nor Broker(s) are experts at detecting or repairing, or estimating costs to repair physical defects in the Premises. Buyer further acknowledges that if Seller agrees to address the items disapproved by monetary credit or change in Purchase Price, an addendum must be submitted to Buyer’s lender, who may limit or restrict total contractual credits. The undersigned agrees to the modied or additional terms and conditions, if any, and acknowledges receipt of a copy hereof.^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YR BUYER’S WAIVER OF INSPECTIONS BUYER ACKNOWLEDGES THAT BUYER WAS ADVISED TO OBTAIN INSPECTIONS OF THE PREMISES BY QUALIFIEDINSPECTOR(S) AND BUYER DECLINED. By acting against Broker’s advice, Buyer accepts responsibility and hereby releases, indemnies and holds harmless Brokers from any and all liability for all matters that professional inspections could have revealed.^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YRResidential Buyer’s Inspection Notice and Seller’s Response >>Page 2 of 3PAGE 2 of 3Residential Buyer’s Inspection Notice and Seller’s Response • Updated: October 2022 • Copyright © 2022 Arizona Association of REALTORS®. All rights reserved.>>SAMPLE
SELLER’S RESPONSE TO BE COMPLETED ONLY IF BUYER PROVIDES SELLER AN OPPORTUNITY TO CORRECT OR ADDRESS ITEMS DISAPPROVED ON PAGES 1-2. (See Section 6j)If Buyer provides Seller an opportunity to correct or address items disapproved, Seller shall respond within ve (5) days or otherwise specied days after delivery of this notice. Seller responds as follows:nSeller agrees to correct or address the items disapproved by Buyer pursuant to terms set forth herein and Section 6j of the Contract.nSeller is unwilling or unable to correct or address any of the items disapproved by Buyer.nSeller’s response to Buyer’s Notice is as follows (Attach an addendum, if applicable):The undersigned agrees to the modi d or additional terms and conditions, if any, and acknowledges receipt of a copy hereof.^ SELLER’S SIGNATURE MO/DA/YR ^ SELLER’S SIGNATURE MO/DA/YRBUYER’S ELECTION TO BE COMPLETED ONLY IF SELLER HAS NOT AGREED TO CORRECTALL ITEMS DISAPPROVED (See Section 6j)nBuyer elects to cancel this ContractnBuyer accepts Seller’s response to Buyer’s Notice and agrees to close escrow without correction of those itemsSeller has not agreed in writing to correct or address.The undersigned agrees to the modied or additional terms and conditions, if any, and acknowledges receipt of a copy hereof.^ BUYER’S SIGNATURE MO/DA/YR ^ BUYER’S SIGNATURE MO/DA/YRPAGE 3 of 3Residential Buyer’s Inspection Notice and Seller’s Response • Updated: October 2022 • Copyright © 2022 Arizona Association of REALTORS®. All rights reserved.Residential Buyer’s Inspection Notice and Seller’s Response >>Page 3 of 3SAMPLE