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Exclusive Right To Sell Listing Agreement: Broker. 1

Consumer Information, Statement, Delaware

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0% found this document useful (0 votes)
62 views

Exclusive Right To Sell Listing Agreement: Broker. 1

Consumer Information, Statement, Delaware

Uploaded by

marc green
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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1

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT


1. BROKER. ,
in consideration of diligent services to be performed is granted the exclusive right to sell my/our property identified in paragraph #3
herein from effective date as stated on the last page of this Agreement.
2. SELLER NAME & MAILING ADDRESS.

Email Address:
Primary Phone: Secondary Phone:

3. PROPERTY DESCRIPTION. TAX PARCEL # being situated in


County, Delaware and further identified as

INCLUSIONS/EXCLUSIONS: Unless specifically excluded by this Agreement the listed price shall also include the following, as and if
now installed, stored in, or located on the Property: all presently existing plumbing, heating, electrical and central air conditioning
systems; and all other permanent or attached fixtures including but not limited to, all existing shutters, awnings, wall to wall carpeting,
radiator covers, cabinets, shelves, mirrors fixed in place, attic/exhaust fans, lighting and plumbing fixtures, and landscaping. Certain
other now existing items which may be considered personal property, whether installed or stored upon the Property are included, as
follows: (If neither column is checked, item shall be considered excluded.) Should the Sellers Disclosure of Real Property
Condition Report differ from the below list of included items, the below list shall supersede; however, the Agreement of Sale
will be the final list of what is included or excluded.

YES NO YES NO YES NO


Range with oven Draperies/Curtains Wall Mounted Flat Screen TV #
Range Hood-exhaust fan Drapery/Curtain rods Wall brackets for TV #
Cooktop-stand alone Shades/Blinds Surround sound system & controls
Wall Oven(s) # Cornices/Valances Solar Equipment
Kitchen Refrigerator Furnace Humidifier Attached Antenna/Rotor
with icemaker Smoke Detectors Garage Opener(s) #
Refrigerator(s)-additional # Carbon Monoxide Detectors with remote(s) #
Freezer –free standing Wood Stove Pool Equipment
Ice Maker-free standing Fireplace Equipment Pool cover
Dishwasher Fireplace Screen/Doors Hot Tub, Equipment
Disposal Electronic Air Filter with cover
Microwave Window A/C Units # Sheds/Outbuildings #
Washer Attic fan Playground Equipment
Dryer Whole house fan Irrigation System
Trash Compactor Bathroom Vents/Fans
Water Filter Window Fan(s) # Water Conditioner (owned)
Water Heater Ceiling Fan(s) # Water Conditioner (leased)
Sump Pump Central Vacuum Fuel Storage Tank(s) (owned)
Storm Windows/Doors with attachments Fuel Storage Tank(s) (leased)
Screens Intercoms Security/Monitoring Systems (owned)
Satellite Dish Security/Monitoring Systems (leased)
with controls & Remote(s)

©Copyright 2009 by Delaware Association of REALTORS®. All Rights Reserved. Last Modified August 2013. This form has been created exclusively for the use of the association
members and those with written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly prohibited and is in
violation of Federal Copyright laws.
RE/MAX Associates,3302 Concord Pike Wilmington,DE 19803
Phone: (302)236-8526 Fax: Carl Frampton
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
2
Additional Inclusions (Not previously checked):

Additional Exclusions (Not previously checked) :

4. LEASE CONDITION. Is Property sold subject to any existing lease/rental agreements? Yes No

5. LISTED PRICE. The listed price of the property is: $ unless modified in writing by Seller.

6. POSSESSION. Possession is to be conveyed at time of settlement or on such other date agreed to by Seller and Buyer.

7. TERMINATION. This Agreement will expire at 11:59pm 20 . Broker shall not be obligated to continue
to market the property after an offer has been accepted by the Seller. In the event an agreement of sale is ratified during the term of this
Exclusive Right To Sell Listing Agreement which subsequently becomes null and void prior to the termination date herein, the Broker shall
continue to market the property for the duration of this Agreement and any extension thereof. Should any agreement of sale ratified
during the term of this Exclusive Right to Sell Listing Agreement not settle until after the Termination date herein, any Brokerage Fee due
Broker under this Listing Agreement shall remain due to Broker no later than the date of final settlement.

8. CANCELLATION. Either party may cancel this Agreement upon days written notice after days from effective date.

9. BROKERAGE FEE. Seller agrees to pay Broker a commission of (% of the selling price and/or $) for services
rendered, if, during the term of this Agreement (or extension): (1) Broker produces Buyer ready, willing and able to purchase subject
property at the listed price/terms contained in this Agreement or other price/terms acceptable to Seller; or (2) subject property is sold or
exchanged by any other Broker or person whomsoever including Seller. The Brokerage Fee will also be due Broker in the event subject
property is sold, conveyed, or otherwise transferred by Seller within days after termination of this Agreement to a Buyer
introduced to subject property by Broker or other cooperating Broker during the term of this Agreement. (This provision does NOT APPLY
in the event subject property is listed with another Broker at time of sale).

10. CO-OPERATION. Broker is authorized to offer cooperation and compensation from Brokerage fee to other Brokers as a Buyer(s)
Agent with the Broker/Agent representing the Buyer of the property. Broker is is not authorized to offer cooperation and
compensation to other Brokers as subagents. Compensation to other Brokers: (% of the selling price and/or $)

11. EXCLUSIVE RIGHT TO SELL. During the term of this Agreement, or any extension(s) thereof, Seller agrees not to sell or negotiate
for the sale of subject property except through Broker designated herein, nor give any other Broker, firm, or person authorization to sell or
negotiate for the sale of subject property.
12. DISBURSEMENT OF DEPOSITS. The Seller acknowledges and agrees that deposit monies held on account by Broker shall only
be disbursed under one of the following conditions:
A. Upon final settlement hereunder; OR
B. Upon a release being signed by all parties to the transaction authorizing disposition of these funds; OR
C. Upon the filing of an interpleader action in the proper court, thereby causing these funds to be deposited with the court; OR
D. At such time as one of the parties to the transaction files suit and the court orders the disbursement of these funds.
Seller agrees that upon payment of deposit monies into court, Seller shall have no further right, claim, demand or action against Broker
regarding the return or disposition of the deposit monies and shall indemnify and hold Broker harmless from any and all such rights,
claims, demands or actions. In the event of a dispute, and after no less than fifteen (15) days advance notice delivered by certified mail
to the parties of the disputed transaction at the addresses identified in the Agreement of Sale, should Broker elect to file an action of
interpleader as herein provided, Seller further agrees and hereby expressly and irrevocably authorizes Broker to deduct from the
Deposit all costs incurred by Broker in the filing and maintenance of such action of interpleader including but not limited to filing fees,
court costs, service of process fees and attorneys’ fees, provided that the amount deducted shall not exceed the lesser of Five Hundred
Dollars ($500) or the amount of the Deposit held by Broker. All such fees and costs authorized herein to be deducted may be deducted
by Broker from the Deposit prior to paying the balance of the Deposit to the court. Seller further agrees and expressly declares that all
such fees and costs so deducted shall be the exclusive property of Broker. If the amount deducted by Broker is less than the total of all
of the costs incurred by Broker in filing and maintaining the interpleader action, then Seller agrees to jointly with Buyer reimburse Broker
for all such excess costs upon the conclusion of the interpleader action.

©Copyright 2009 by Delaware Association of REALTORS®. All Rights Reserved. Last Modified August 2013. This form has been created exclusively for the use of the association
members and those with written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly prohibited and is
in violation of Federal Copyright laws.
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
3
13. SELLER REPRESENTATION.
A. Seller warrants that the information in this Agreement is true and correct to the best of Seller’s knowledge and belief, and may be
used as a basis for presenting the Property to prospective Buyers.
B. Seller shall indemnify and hold Broker harmless from any claim, damages, judgment, and costs, expressly including reasonable
attorney fees, arising out of or from any occurrence incident to any mistake, exaggeration, omission, inaccuracy of said information, or
escrow dispute, including any omission or inaccuracy on applicable disclosure documents.
C. Seller hereby agrees to conduct all negotiations pertaining to the sale of the Property through the Broker and cooperate with the
Broker fully in the Broker’s efforts to sell the Property.
D. Seller further understands and agrees that Seller, and not the Broker, is responsible for the care and physical condition of the
Property, its management, maintenance, and repair.
E. Seller acknowledges reading and signing the Consumer Information Statement of the Delaware Real Estate Commission.

14. SELLER OBLIGATIONS.


A. Seller will convey to Buyer a good, marketable, fee simple title by deed of special warranty, or assignment of Leasehold estate
and/or title to manufactured home, as applicable, free and clear of encroachments that would be shown by a survey, liens, and
encumbrances of record, but subject to all existing easements and restrictions of record.
B. Seller agrees to execute any agreement, deed, leasehold interest assignment or other document(s) necessary to fulfill this
Agreement. As appropriate, such documents will contain covenants of warranty conveying good and marketable title to Buyer. Evidence
of marketable title may be in the form of a Policy of Title Insurance obtained at expense of Buyer. In the event a title examination
discloses title is imperfect and marketable title cannot be delivered by Seller within a reasonable time, Broker will nevertheless be entitled
to the full agreed commission provided herein.
C. Seller agrees to furnish Broker such documents as necessary and reasonable to bring about the sale of subject property, such as,
but not limited to: proof of ownership, tax records, property income/expense records, existing rental/lease agreements, any current well
&/or septic inspection reports, and similar documents, and authorizes the Broker to give this information to prospective Buyers.
D. Taxes, special assessments, water, sewer, and other public charges, ground rent, condominium fees, rental monies, fuel, public
utility charges and other fixed charges are to be prorated as of date of settlement unless otherwise designated herein. Seller
acknowledges realty transfer tax obligation as applicable.
C. Seller grants Broker permission to use a house key and/or a keyed combination, or electronic lockbox forthe purpose of entering and
exiting the Property for showings and inspections.
D. Seller agrees to refer to Broker all inquiries of Brokers, Agents or others expressing interest in Seller’s property.
E. If applicable, Seller warrants to Broker and all potential Buyers that all known defects contained in the Property have been fully,
accurately, and truthfully disclosed in writing to the best knowledge of the Seller on any Sellers Disclosure of Real Property Condition
Report, Radon Disclosure Form, Lead Based Paint Disclosure, or any other applicable disclosure forms, and that no defects have been
communicated to the Broker by Seller, either verbally or in writing, that are not contained on those forms. Broker is authorized to convey
the aforementioned disclosures to prospective Buyer.
F. Sale may be contingent on Buyer obtaining mortgage financing which may be contingent upon inspections and/or appraisals required
by the lender. In this event, Seller agrees to permit access to the Property at reasonable times for such purpose and will insure that all
utilities are on for all inspections until time of settlement.
15. SELLER ACKNOWLEDGMENT.
A. Seller recognizes that persons not under the control of Broker, such as other Brokers, other Broker’s Salespersons, prospective
Buyers and experts retained by prospective Buyers may come into Seller’s house and property without Broker’s supervision through the
use of a lockbox and/or key. Seller is cautioned to safeguard their valuable possessions so as to avoid theft or damage. Broker will in
no way be responsible for any injury to prospective Buyers, inspectors or appraisers that occur on the Property or any loss or damage
to Seller’s Property.
B. Seller agrees to indemnify and hold harmless Broker, Broker’s salespersons, Cooperating Brokers, their associated Salespersons,
the State or local Associations of REALTORS®, and experts retained by a Buyer or prospective Buyer, from and against any and all
claims or damages, including their reasonable attorney’s fees and costs, arising out of the use of a lockbox and/or key, including but not
limited to, claims for loss of property or for injury to persons or property. Seller shall maintain fire and liability insurance until the time of
settlement. Seller agrees that Broker is not responsible for fire, vandalism, theft, damage or destruction of any nature caused by others
during the term of this Agreement.
C. Seller hereby acknowledges that the listing Agent may take interior and exterior photographs, prepare virtual tours, and/or use other
media for the purpose of advertising the property, including multiple listing services and the internet. Under certain circumstances, a
Buyer accompanied by an Agent may record images of the property for purposes of facilitating a sale. Broker cannot control unauthorized
use of digital or social media.
D. Seller authorizes Broker to show the property to prospective Buyers and to place a “for sale” sign on the property. Once the
property is under an Agreement of Sale, Broker may display a “sale pending/sold” sign on property until date of final settlement. All signs
will be removed upon termination of this Agreement.
16. BROKER AUTHORIZATION.
A. Broker is authorized to accept and hold in escrow a deposit to apply towards purchase price. In the event the deposit is forfeited,
one-half will be paid to Seller and one-half paid to Broker as compensation, provided Broker’s share does not exceed agreed commission
amount.
B. All advertising, which may include, but is not limited to, magazines, newspapers, internet, signs, and other promotional vehicles,
deemed advisable by Broker, is hereby authorized by Seller, and unless otherwise specified, shall be paid by Broker.
©Copyright 2009 by Delaware Association of REALTORS®. All Rights Reserved. Last Modified August 2013. This form has been created exclusively for the use of the association
members and those with written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly prohibited and is
in violation of Federal Copyright laws.
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
4
C. Broker is authorized to submit the property and related documents to any Multiple Listing Service in which Broker is a participant.
Broker is authorized to report that the property is under contract when Owner enters into an agreement of sale and to report all sales
information including the sale price and terms with the understanding that the sale price and terms will not be published before settlement.
D. When submitting the property to any Multiple Listing Service, Broker shall disseminate property information in conformity with the
Seller’s instructions below. The Seller may elect to Opt Out of any of the following provisions by checking NO in the corresponding box:
a. Yes No The Seller authorizes the listed property to be displayed on the Internet.
b. Yes No The Seller authorizes the numerical address of the listed property to be displayed on the Internet.
c. Yes No The Seller authorizes the automated valuation of the listed property.
d. Yes No The Seller authorizes the blogging features associated with the listed property.
Seller understands and acknowledges that if they answer NO to question (a) above, consumers who conduct searches for listings on
the Internet will not see information about the listed property in response to their searches. Seller further understands and
acknowledges that certain data may be made available on the internet through other sources which the Broker and local MLS cannot
control.
E. Broker is authorized to obtain descriptive and factual information from Seller about Property and to update such information as
warranted.
F. In addition the Broker will:
a. Receive delivery of, and present, offers and counteroffers.
b. Assist the Seller in developing, communicating, negotiating and presenting offers, counteroffers and notices relating to
offers and counteroffers.
c. Answer Seller’s questions relating to offers, counteroffers, notices, negotiations and contingencies.
G. Seller is advised that prospective Buyers or cooperating Brokers may inquire of Broker or Broker’s Agents as to whether existing
written offer(s) have been received for the purchase of the Property. The disclosure of the existence of written offer(s) could be either
beneficial or detrimental to Seller. Such disclosure could result in the interested Buyer making the highest and best offer as promptly as
possible, or, such disclosure could result in the interested Buyer electing not to make an offer, therefore, check only one box below;
a. Seller does authorize the Broker or Broker's Agents to disclose the existence of other written offers in response to inquiries
from prospective Buyers or cooperating Brokers.
b. Seller does NOT authorize the Broker or Broker's Agents to disclose the existence of other written offers in response to
inquiries from prospective Buyers or cooperating Brokers.
c. Seller will authorize Broker or Broker's Agent at the time a written offer is presented to seller as to how to proceed with the
distribution of appropriate information related to the offer(s) upon inquiries from prospective Buyers or cooperating Brokers.

17. FAIR HOUSING. All Parties agree to comply with all Fair Housing and Civil Rights laws in the purchase and sale of the Property
and further agree specifically not to discriminate against any person because of RACE, COLOR, NATIONAL ORIGIN, RELIGION,
CREED, SEX, MARITAL STATUS, FAMILIAL STATUS, AGE, SEXUAL ORIENTATION, GENDER IDENTITY, and/or
HANDICAP/DISABILITY.

18. HEIRS AND ASSIGNS. This Agreement is binding upon the parties’ respective heirs, personal representatives, successors and
assigns.

19. ADDENDUMS. Any attached addendum(s) are only applicable if marked YES or checked. NO or a blank means Seller is waiving the
opportunity to include the contingency or clause. If language in this Agreement and Addendum(s) are in conflict, unless otherwise
provided herein, then the addendum(s) will supersede this Agreement.

Seller’s Disclosure of Real Property Condition Report, unless exempt by State Law
Lead Based Paint Disclosure Form, unless exempt by Federal Law
Radon Disclosure Form, unless exempt by State law
DUCIOA (Delaware Uniform Common Interest Ownership Act) Resale Certification Form
Consumer Information Statement
Septic Certification
List of Lienholder(s)
Other
Other

20. HOMEOWNER’S WARRANTY. Seller is advised that a Homeowner’s Warranty may be available. A Homeowner’s Warranty is
only part of this Agreement if Seller agrees to purchase a warranty. Seller is advised to request information about what is included in
the warranty and what is excluded (for example, preexisting conditions) and the amount of the deductible.

©Copyright 2009 by Delaware Association of REALTORS®. All Rights Reserved. Last Modified August 2013. This form has been created exclusively for the use of the
association members and those with written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly
prohibited and is in violation of Federal Copyright laws.
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
5
21. SPECIAL TERMS.

22. ENTIRE AGREEMENT. This Agreement constitutes the entire terms and provisions of this Exclusive Right to Sell Listing Agreement
between Seller and Broker and may be used as a basis for presenting the property to prospective Buyer. If this Agreement is signed by
more than one person, it shall constitute the joint and several obligations of each. This Agreement contains the entire agreement of the
parties and cannot be changed except by their written consent. This Agreement shall survive execution and delivery of the Agreement of
Sale and closing documents and shall not be merged therein. The singular forms “Seller” and “Buyer” are used in this Agreement solely
as a convenience and is intended to include all parties who are Sellers and Buyers.

23. ACKNOWLEDGMENT. Seller acknowledges he/she has read, fully understands, and consents to this Exclusive Right to Sell Listing
Agreement, and acknowledges receipt of a copy.

24. SELLER AUTHORITY. I/We hereby certify that I am/we are all the Seller(s) and am/are authorized to transfer the Property and
hereby agree to the above terms, and that no other third party consent is necessary or has been omitted to execute this Agreement or
convey the property and by signing below hereby agree to the above terms.

Seller Date 20

Seller Date 20

Seller Date 20

Seller Date 20

Broker Acceptance Effective Date

©Copyright 2009 by Delaware Association of REALTORS®. All Rights Reserved. Last Modified August 2013. This form has been created exclusively for the use of the association
members and those with written permission. The use of this form for any transaction that does not involve the participation of an association member is strictly prohibited and is
in violation of Federal Copyright laws.
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
SELLER'S DISCLOSURE OF REAL PROPERTY
CONDITION REPORT
State of Delaware
Approved by the Delaware Real Estate Commission 5/11/17 (effective 10/1/17)

Seller(s) Name:

Property Address:
Approximate Age of Building(s): Date Purchased:
Chapter 25, Title 6 of the Delaware Code, requires a Seller of residential property to disclose in writing all material defects
of the property that are known at the time the property is offered for sale or that are known prior to the time of final settlement.
Residential property means any interest in a property or manufactured housing lot, improved by dwelling units for 1-4 families.
The disclosure must be made on this Report, which has been approved by the Delaware Real Estate Commission, and shall be
updated as necessary for any material changes occurring in the property before final settlement. This Report shall be given to
all prospective Buyers prior to the time the Buyer makes an offer to purchase. This Report, signed by Buyer and Seller, shall
become a part of the Agreement of Sale. This Report is a good faith effort by the Seller to make the disclosures required by
Delaware law and is not a warranty of any kind by the Seller or any Agents or Sub-Agents representing Seller or Buyer in the
transfer and is not a substitute for any inspections or warranties that the Seller or Buyer may wish to obtain. The Buyer has no
cause of action against the Seller or Real Estate Agent for material defects in the property disclosed to the Buyer prior to the
Buyer making an offer; material defects developed after the offer was made but disclosed in an update of this Report prior to
settlement, provided Seller has complied with the Agreement of Sale; or material defects which occur after settlement. State
websites containing helpful information include: Office of State Planning Coordination www.stateplanning.delaware.gov ,
Delaware Department of Natural Resources and Environmental Control dnrec.alpha.delaware.gov , Delaware Division of Public
Health www.dhss.delaware.gov/dhss/dph , Delaware State Police Sex Offender Registry www.sexoffender.dsp.delaware.gov
and other agencies listed on www.delaware.gov .

* Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where
Yes No * selections are requested, place a check mark next to each correct answer or fill in the correct answer.
Certain answers require a further explanation in Section XVI.
I. OCCUPANCY
1. Do you currently occupy this property full-time? If No, how long has it been since you occupied the property?
. Property is your: ( Primary Residence) ( Second / Vacation Home) ( Rental
Property) ( Inherited Property) ( Other ).
2. Is the property encumbered by a ( lease), ( option to purchase), or ( first right of refusal)? If Yes,
describe in XVI.
3. If the property is leased, have all necessary permits / licenses been obtained?
4. Is the property new construction?
5. If # 4 is Yes, Seller warrants that the property ( is) or ( is not) exempt from providing the buyer with a
Public Offering Statement as described in §81-401 or §81-403(b) of Chapter 81, Title 25 of the Delaware Code,
The Delaware Uniform Common Interest Ownership Act. If not exempt, in compliance with §317A of Chapter 3,
Title 25, Seller has attached a copy of all documents in the chain of title that create any financial obligation for the
buyer, and a written summary of all financial obligations created by documents in the chain of title. As evidenced
by signature below, buyer has received a copy of these documents.

Page 1 of 7 Property Address:


Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

RE/MAX Associates, 3302 Concord Pike Wilmington, DE 19803 Phone: (302)236-8526 Fax:
Carl Frampton Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
* Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where
Yes No * selections are requested, place a check mark next to each correct answer or fill in the correct answer.
Certain answers require a further explanation in Section XVI.
II. DEED RESTRICTIONS, HOMEOWNERS ASSOCIATIONS / CONDOMINIUMS AND CO-OPS
6. Is the property subject to any deed restrictions? If Yes, describe in XVI.
7. Are you in violation of any deed restrictions at this time? If Yes, describe in XVI.
8. Is the property subject to any agreements concerning affordable housing or workforce housing?
9. Is the property subject to any private or public architectural review control other than building codes?
10. Is the property part of a condominium or other common ownership?
11. Is there a ( Homeowners Association), ( Condominium Association), ( Civic Association), or
( Maintenance Corporation) included in the deed?
12. Is there a capital contribution fee due by a new owner to the Association? If yes, how much ?
13. If #11 is Yes, are there any ( fees), ( dues), ( assessments), or ( bonds) involved?
If Yes, how much? and how often? .
Are they ( Mandatory) or ( Voluntary)?
14. Are there any unpaid assessments? If Yes, indicate amount . If Yes,
describe in XVI.
15. Has there been a special assessment in the past 12 months? If Yes, describe in XVI.
16. Have you received notice of any new or proposed increases in fees, dues, assessments or bonds? If Yes,
describe in XVI.
17. Is there any condition or claim which may result in an increase in assessments or fees? If Yes, describe in
XVI.
18. Management Company Name:
19. Representative Name: Phone #
20. Representative E-mail Address:
III. TITLE / ZONING INFORMATION
21. Does the amount owed on your mortgages and other liens exceed the estimated value of the property?
If Yes, are additional funds available from Seller for settlement?
22. Is your property owned ( In fee simple) or ( Leasehold) or ( Cooperative)?
23. Are there any right-of-ways, easements or similar matters that may affect the property? If Yes, describe in
XVI.
24. Are there any shared maintenance agreements affecting the property? If Yes, describe in XVI.
25. Are there any variance, zoning, non-conforming use, or setback violations? If Yes, describe in XVI.
26. Has the variance or non-conforming use expired or would not be transferable? If Yes, describe in XVI.
27. Has a title policy been issued on the property in the past 5 years?
IV. MISCELLANEOUS
28. Have you received notice from any local, state, or federal agencies requiring repairs, alterations or corrections
of any existing conditions? If Yes, describe in XVI.
29. Is there any existing or threatened legal action affecting this property? If Yes, describe in XVI.
30. Are there any violations of local, state, federal laws, or regulations relating to this property? If Yes, describe in
XVI.
31. Does your current real estate tax amount reflect any non-transferrable exemptions - discounts?
32. Is there anything else you should disclose to a prospective Buyer because it may materially and adversely
affect the property, e.g., zoning changes, road changes, proposed utility changes, threat of condemnation, noise,
bright lights, odors, or other nuisances, etc.? If Yes to any, describe in XVI.
33. Are all the exterior door locks in the house in working condition? If No, describe in XVI.
34. Will keys be provided for each lock?
35. Have you had, or do you now have, any animals (pets) in the house? If yes, what type?
36. Is there or has there ever been a ( swimming pool), ( hot tub), ( spa) or ( whirlpool) on the
property? If Yes and there are any defects describe in XVI.
37. If there is a pool, does it conform to all local ordinances? If No, describe in XVI.
38. What is the type of trash disposal? ( Private), ( Municipal) or ( Other ).
Page 2 of 7 Property Address:
Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
* Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where
Yes No * selections are requested, place a check mark next to each correct answer or fill in the correct answer.
Certain answers require a further explanation in Section XVI.
39. The cost of repairing and paving the streets adjacent to the property is paid for by:
The property owner(s), estimated fees: $
Delaware Department of Transportation or the State of Delaware
City or Town
Other
Unknown
Note to Buyer: Repairing and repaving of the streets can be very costly. (6 Delaware Code§ 2578)
40. Is off street parking available for this property? If Yes, number of spaces available:
V. ENVIRONMENTAL HAZARDS
41. Are there now or have there been any underground storage tanks on the property? For ( heating fuel),
( propane), ( septic) or ( Other ). If Yes, describe locations in XVI.
42.If the tank was abandoned, was it done with all necessary permits and properly abandoned?
43. Are asbestos-containing materials present? If Yes, describe in XVI.
44. Are there any lead hazards? (e.g., lead paint, lead pipes, lead in soil.) If Yes, describe in XVI.
45. Has the property been tested for toxic or hazardous substances? Attach each test report, if available.
46. Has the property ever been tested for mold, if Yes, provide the test results.
47. Is there currently mold in the property? If Yes, describe in XVI.
48. Has the illegal manufacture, storage, or use of methamphetamines occurred in the property? If Yes, describe in
XVI.
VI. LAND (SOILS, DRAINAGE AND BOUNDARIES)
49. Is there fill soil or other fill material on the property?
50. Are there any sliding, settling, earth movement, upheaval, earth stability, or methane gas release problems that
have occurred on the property or in the immediate neighborhood? If Yes, describe in XVI.
51. Is any part of the property located in ( a flood zone) and / or ( a wetlands area)?
52. Are there any drainage or flood problems affecting the property? If Yes, describe in XVI.
53. Do you carry flood insurance? Agent: Policy #
54. If # 53 is Yes, what is the annual cost of this policy?
55. Have you made any insurance claims on the property in the past 5 years? If Yes, describe in XVI.
56. Does the property have standing water in front, rear or side yards for more than 48 hours after raining?
57. Are there encroachments or boundary line disputes affecting the property? If Yes, describe in XVI.
58. Are there any tax ditches crossing or bordering the property?
59. Are there any swales crossing the property that are under the control of a Soil and Conservation District? If
Yes, describe in XVI.
60. Has the property ever been surveyed?
61. Are the boundaries of the property marked in any way?
VII. STRUCTURAL ITEMS
62. Have you made any additions or structural changes? If Yes, describe in XVI.
63. If Yes, was all work done with all necessary permits and approvals in compliance with building codes?
64. Is there any movement, shifting, or other problems with walls or foundations? If Yes, describe in XVI.
65. Have the property or improvements thereon ever been damaged by ( fire), ( smoke), ( wind), or
( flood)? If Yes, describe in XVI.
66. Was the structure moved to this site? ( Double Wide) ( Modular) ( Other: )
67. Is there any ( past) or ( present) water leakage in the house? If Yes, describe in XVI.
68. Are there any problems with ( driveways), ( walkways), ( patios), or ( retaining walls) on the
property? If Yes, describe in XVI.
69. Have there been any repairs or other attempts to control the cause or effect of problems described in
questions 67 and 68? If Yes, describe in XVI.
70. Is there insulation in:
The ceiling / attic?
The exterior walls?
Other places? Describe
Page 3 of 7 Property Address:
Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
* Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where
Yes No * selections are requested, place a check mark next to each correct answer or fill in the correct answer.
Certain answers require a further explanation in Section XVI.
What type(s) of insulation does your property have?
71. Are there any drywall issues or drywall smells? If Yes, describe in XVI.
VIII. TERMITES, DRYROT, PESTS
72. Is there or has there been any infestation by termites or other wood destroying insects? If Yes, describe in
XVI.
73. Is there or has there been any damage to the property caused by ( termites), ( other wood destroying
insects), ( pests), or ( dryrot)? If Yes, describe in XVI.
74. Has there been any termite or other wood destroying insect inspections made on the property subsequent to
your purchase? If Yes, describe in XVI.
75. Has there been any pest control inspections made on the property subsequent to your purchase. If Yes,
describe in XVI.
76. Has there been any termite or wood destroying insect treatments made on the property? If Yes, describe in
XVI.
77. Has there been any pest control treatments made on the property? If Yes, describe in XVI.
78. Is your property currently under warranty, or other coverage, by a professional pest control company?
If Yes, name of exterminating company:
IX. BASEMENT AND CRAWL SPACES
79. Does the property have a sump pump? If Yes, where does it drain?
80. Is there any water leakage, accumulation, or dampness within the basement or crawlspace?
81. Have there been any repairs or other attempts to control any water or dampness problem in the basement or
crawlspace? If Yes, describe in XVI.
82. Are there any cracks or bulges in the floor or foundation walls? If Yes, describe in XVI.
X. ROOF
83. Date last roof surface installed:
84. How many layers of roof material are there (e.g., new shingles over old shingles)?
85. Are there any problems with the roof, flashing, or rain gutters? If Yes or repaired under your ownership,
explain in XVI.
86. If under warranty, is warranty transferable?
87. Where do your gutters drain? ( Surface) ( Drywell) ( Storm Sewers) ( Other )
XI. PLUMBING-RELATED ITEMS
88. What is the drinking water source? .
89. If drinking water supplied by utility, name of utility: .
90. What type of plumbing (copper, lead, cast iron, PVC, polybutylene, galvanized, unknown) is in the house?
1. Water supply 2. Drainage
91. Have there been any additions / upgrades to the original service? If Yes, describe in XVI.
92. If any, was the work done by a licensed contractor?
93. If Yes to above, were the required permits obtained?
94. If your drinking water is from a well, when was your water last tested and what were the results of the test?
Tested on: , Results: .
95. When was well installed? Location of well? Depth of well?
96. Is there a water treatment system? If Yes, ( Leased) or ( Owned)?
97. What is the type of sewage system? ( Public Sewer) ( Community Sewer) ( Septic System)
( Cesspool) ( Other )
98. If a septic system, type: ( Gravity Fed) ( Capping Fill) ( LPP) ( Mound) ( Holding Tank)
( Other: )
99. Has the septic system been pumped out by a Class F contractor and inspected by a Class H inspector within
the past 36 months?
100. Is there a wastewater spray irrigation system installed on or adjacent to the property?
101. Has a soil / site evaluation ever been done? If Yes, when? Results?
102. Any leaks, backups, or other problems relating to any of the plumbing, water, and sewage related items? If
Yes, describe in XVI.
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Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
* Write in U if Unknown or NA if Not Applicable, otherwise mark either the Yes or No column. Where
Yes No * selections are requested, place a check mark next to each correct answer or fill in the correct answer.
Certain answers require a further explanation in Section XVI.
103. Are there any shut off, disconnected, or abandoned wells, underground water, or sewer tanks on the
property? If Yes, describe locations in XVI.
104. If #103 is Yes, were they abandoned with all necessary permits and properly abandoned?
105. Water heater type: ( Electric) ( Oil) ( Gas) or ( Other: )
XII. HEATING AND AIR CONDITIONING
106. How many heating and / or air conditioning zones are in the property? . If more than one,
indicate the zone number next to each answer in this section and provide the answer for each zone.
107. What is the type of heating system and fuel? (e.g., System: forced air, heat pump, hot water, baseboard. Fuel:
oil, gas, electric, solar etc.) System: Fuel:
108. Age of furnace? Date of last service?
109. Are there any contractual obligations affecting the fuel supply, tanks, or systems? If Yes, describe in XVI.
110. What is the type of air conditioning system? (e.g., central, window units)
111. Age of air conditioning system? Date of last service?
112. Have there been any additions / upgrades to the original heating or air conditioning? If Yes, describe in XVI.
113. If question 112 is Yes, was work done by a licensed contractor?
114. If Yes to the above, were the required permits obtained?
115. Are there any problems with the heating or air conditioning systems? If Yes, describe in XVI.
XIII. ELECTRICAL SYSTEM
116. What type of wiring is in the house? (copper, aluminum, other, etc.)
117. What amp service does it have? ( 60) ( 100) ( 150) ( 200) ( Other: )
Do you have ( Circuit Breakers) or ( Fuses) ?
118. Does it have any 220 / 240-volt circuits?
119. Do fuses blow or circuit breakers trip when two or more appliances are being used at the same time? If Yes,
describe in XVI.
120. Have there been any additions to the original service?
121. Have any ( solar) and / or ( wind power) enhancements been made to supplement service?
122. If Yes to questions 120 or 121, was work done by a licensed electrician?
123. If Yes to the above, were the required permits obtained?
124. Are there wall switches, light fixtures, or electrical outlets in need of repair? If Yes, explain in XVI.
125. Are the permits associated with questions 63, 93, 114, and 123 closed?
XIV. FIREPLACE OR HEATING STOVE
126. Fireplace Type: ( Wood Burning) ( Gas) ( Insert) ( Other: )?
127. Heating Stove type: ( Wood Burning) ( Pellet) ( Other )?
128. Was the fireplace or heating stove part of the original house design?
129. Was the fireplace or heating stove installed by a professional contractor or manufacturer's representative?
130. Are there any problems? If Yes, explain in XVI.
131. When were the flues / chimneys last cleaned, serviced or repaired? Explain
nature of service or repair in XVI.

XV. MAJOR APPLIANCES AND OTHER ITEMS

(A) Are you aware of any problems affecting the following areas? If Yes, describe in XVI.
Yes No NA Yes No NA
Ceilings Exterior Walls
Floors Interior Walls
Patios / Decks / Porches Windows
Driveways
Outside Walkways
Page 5 of 7 Property Address:
Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
(B) Are the following included items in working order? Note: The Agreement of Sale will specify and govern what is included
or excluded. If an item does not convey or does not exist, leave the yes/no fields blank.

YES NO YES NO YES NO


Range with oven Draperies/Curtains Wall Mounted Flat Screen TV #
Range Hood-exhaust fan Drapery/Curtain Rods Wall brackets for TV #
Cooktop-stand alone Shades/Blinds Surround sound system & controls
Wall Oven(s) # Cornices/Valances Solar Equipment
Kitchen Refrigerator Furnace Humidifier Attached Antenna/Rotor
with icemaker Smoke Detectors Garage Opener(s) #
Refrigerator(s)-additional # Carbon Monoxide Detectors with remote(s) #
Freezer -free standing Wood Stove Pool Equipment
Ice Maker-free standing Fireplace Equipment Pool cover
Dishwasher Fireplace Screen/Doors Hot Tub, Equipment
Disposal Electronic Air Filter with cover
Microwave Window A/C Units # Sheds/Outbuildings #
Washer Attic Fan Playground Equipment
Dryer Whole house fan Irrigation System
Trash Compactor Bathroom Vents/Fans Water Conditioner (owned)
Water Filter Window Fan(s) # Water Conditioner (leased)
Water Heater Ceiling Fan(s) # Fuel Storage Tank(s) (owned)
Sump Pump Central Vacuum Fuel Storage Tank(s) (leased)
Storm Doors with attachments Security/Monitoring Systems (owned)
Screens (where present) Intercoms Security/Monitoring Systems (leased)
Satellite Dish Solar Equipment (owned)
with controls & Remote(s) Solar Equipment (leased)

XVI. ADDITIONAL INFORMATION


If you were directed to this section to clarify an answer, or if you indicated there is a problem with any of the items
in sections I through XV, provide a detailed explanation below, or on additional sheet(s). Attach additional sheets
if needed.

Question
Additional Information
Number

Are there additional problem, clarification, or document sheets attached? No Yes


Number of Sheets Attached .

Page 6 of 7 Property Address:


Seller's Initials Seller's Initials Buyer's Initials Buyer's Initials

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ACKNOWLEDGMENT OF SELLER

Seller has provided the information contained in this report. This information is to the best of Seller's knowledge
and belief is complete, true, and accurate. Seller has no knowledge, information, or other reason to believe that any
defects or problems with the property have been disclosed to, or discussed with, any Real Estate Agent or Broker
involved in the sale of this property, other than those set forth in this report. Seller does hereby indemnify and hold
harmless any Real Estate Agent involved in the sale of this property from any liability incurred as a result of any
third-party reliance on the disclosures contained herein, or on any subsequent amendment hereto. Seller's Broker
and / or Cooperating Broker, if any, is / are hereby authorized to furnish this report to any prospective Buyer. This
is a legally binding document. If not understood, an attorney should be consulted.

SELLER Date SELLER Date

SELLER Date SELLER Date

Date the contents of this Report were last updated:

ACKNOWLEDGMENT OF BUYER

Buyer is relying upon the above report, and statements within the Agreement of Sale, as the representation of the
condition of property, and is not relying upon any other information about the property. Buyer has carefully
inspected the property and Buyer acknowledges that Agents are not experts at detecting or repairing physical
defects in property. Buyer understands there may be areas of the property of which Seller has no knowledge and
this report does not encompass those areas. Unless stated otherwise in my contract with Seller, the property is real
estate being sold in its present condition, without warranties or guarantees of any kind by Seller or any Agent.
Buyer has received and read a signed copy of this report. Buyer may negotiate in the Agreement of Sale for other
professional advice and / or inspections of the property. Buyer understands there may be projects either planned or
being undertaken by the State, County, or Local Municipality which may affect this property of which the Seller
has no knowledge. Buyer further understands that it is Buyer's responsibility to contact the appropriate agencies to
determine whether any such projects are planned or underway. If Buyer does not understand the impact of such
project(s) on the property being purchased, Buyer should consult with an Attorney. Buyer understands that before
signing an Agreement of Sale, Buyer may review the applicable Master Plan or Comprehensive Land Use Plan for
the County and / or appropriate City or Town Plans showing planned land uses, zoning, roads, highways, locations,
and nature of current or proposed parks and other public facilities. This is a legally binding document. If not
understood, an attorney should be consulted.

BUYER Date BUYER Date

BUYER Date BUYER Date

Page 7 of 7 Property Address:


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RADON DISCLOSURE
Required by Chapter 25, Title 6, Section 2572A of the
Delaware Code

Property Address:

Seller’s Disclosure
Delaware law requires that the seller of any interest in residential real property that includes a
dwelling must provide the buyer with any information about any known radon. Sellers also must
disclose any tests or inspections for radon in the seller’s possession.
The seller(s) must answer the following questions and provide the required information:
1. Are you aware of the presence of radon on the property identified above?
Yes No (check one)
2. Are you aware of any radon tests or inspections that have been performed on the property
identified above? Yes No (check one)
3. If you responded “yes” to Question 2 above, have you provided the buyer(s) with copies of
all radon tests and/or inspection reports in your possession? Yes No (check one)
4. Identify each report referred to in Question 3, including the date of each report:

By signing this form, the seller(s) acknowledge(s) the following:


I/we have been informed of my/our obligation and am/are aware of my/our responsibility to
comply with Delaware law regarding radon disclosure, as provided in Title 6, Chapter 25,
Section 2572A of the Delaware Code.

Seller Date Seller Date

Buyer’s Acknowledgement
Delaware law requires that every buyer of any interest in residential real property that includes a
dwelling must be notified that the property may present the potential for exposure to radon.
By signing this form, the buyer(s) acknowledge(s) the following:
1. I/we have received the Radon Rights, Risks and Remedy for Home Buyer document, which
describes the potential hazards of exposure to radon, testing for radon and remediation.
2. I/we have the option to have the property identified above tested for radon.
3. I/we have received copies of all radon tests and/or inspection reports identified in Item 4 of
the Seller’s Disclosure above.

Buyer Date Buyer Date

Form Approved by Delaware Real Estate Commission September 12, 2007


Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards
Sale of Residential Property
Property: Seller's Name:
Seller Instructions: Check the box indicating Year Dwelling Was Constructed:
the age of your property and initial. If you
checked either box 1 or 3, continue to 1. was constructed prior to January 1, 1978
complete the Seller's Disclosure section below
and sign this form at the bottom. If you (Check one of the boxes to 2. was constructed after January 1, 1978
checked box 2, then this form is complete. the right and initial here)
3. uncertain as to when constructed

Lead Warning Statement - Every Purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified
that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in very young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential
real property is required to provide the Purchaser with any information on lead-based paint hazards from risk assessments or inspections in the
Seller's possession and notify the Purchaser of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint
hazards is recommended prior to purchase.
Seller's Disclosure ─ Each Seller is required to complete these two sections (a and b) by selecting an answer and then by initialing in each of these
two sections (if more than one owner, all owners must select and initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (CHECK ONE BOX BELOW AND INITIAL):
Known lead-based paint and/or lead-based paint hazards are present in the housing. (explain)
Select answer and initial

Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the Seller. (CHECK ONE BOX AND INITIAL):
Seller has provided the Purchaser with all available records and reports pertaining to lead-
Select answer and initial based paint and/or lead-based paint hazards in the housing (list documents below):

Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchaser's Acknowledgement ─ All purchaser(s) must initial c, d, e and f

(c) Purchaser(s) has read the Lead Warning Statement above.


(d) Purchaser(s) has received copies of all information listed above.
(e) Purchaser(s) has received the pamphlet Protect Your Family From Lead In Your Home.
(f) Purchaser(s) has (check one below):

Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment
or inspection for the presence of lead-based paint and/or lead-based paint hazards.

Waived the opportunity to conduct a risk assess mentor inspection for the presence of lead-based
paint and/or lead-based paint hazards.
Agent's Acknowledgement ─ Initial below
(g) The Listing Agent has informed the Seller of the Seller's obligation under 42 U.S.C. 4582(d), and the Seller
is aware of his/her responsibility to ensure compliance.
Certification of Accuracy ─ The following parties have reviewed the information above and certify, to the best of their knowledge, that the
information provided by the signatory is true and accurate.

Seller Date Seller Date

Purchaser Date Purchaser Date

Agent Date Agent Date


RE/MAX Associates, 3302 Concord Pike Wilmington, DE 19803 Phone: (302)236-8526 Fax:
Carl Frampton Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
Consumer Information Statement (CIS) for Consumers Seeking to Purchase
or Sell Residential Property Designed For Use by 1-4 Families
This information is from the Delaware Real Estate Commission and is not a contract.
Delaware law, title 24 ch.29 requires real estate salespersons, associate brokers, and brokers to provide this CIS to
you at the earlier of your first scheduled appointment, the first showing of a property, or making an offer. You are
encouraged to read this CIS before you list your home for sale or go to view homes to buy. This is first given to
you to explain Agency law in Delaware. It must be signed prior to signing an Agreement of Sale, a Listing
Agreement, or any other brokerage agreement such as an Exclusive Buyer Agency Agreement.

Presumed Agency: You are a customer when you first contact a broker or salesperson who immediately owes you a duty
of confidentiality as explained below. You automatically become a client and the other Statutory Duties begin upon the
earlier of (i) the first scheduled appointment, (ii) the first showing of a property, (iii) making an offering, or (iv) the agent
working for you, unless a CIS is signed indicating there is no agency relationship which means there are no duties owed to
you other than confidentiality. Under Delaware Law, it is presumed that you consent to dual agency unless you fill
out this form saying you do not want dual agency. Dual agency is explained below.

Brokers and Salespersons as Statutory Agents: Under Delaware law, a real estate broker, associate broker, or
salesperson is a statutory agent of yours and may be a dual agent representing both parties unless you elect, in a written
agreement, to enter into a common law agency relationship or to decline dual agency. A statutory agent is an independent
contractor. He or she is NOT your fiduciary, but is an agent with duties specified by Delaware statutory law. Unless you
say otherwise, the broker, associate broker, or salesperson also may represent both the buyer and seller with duties owed
to both which is called dual agency as explained below.

Important Terms:

Client: The member of the public who is the principal in the statutory agency relationship.
Customer: A member of the public who is working with a licensee before the presumed agency relationship begins or
who declines agency representation which means there are no duties other than confidentiality.
Delaware Real Estate Commission: The regulatory body which issues licenses to brokers and salespersons under
Delaware law, and which hears complaints filed by the public with respect to Licensees. License law and rules and
regulations are available on the Real Estate Commission's website at www.dpr.delaware.gov.
Designated Agent: An independent contractor working with you under statutory agency. He or she may be licensed as a
broker, associate broker, or a salesperson.
Dual Agency: Whenever a dual agency relationship exists, the designated salesperson or associate broker, that agent's
broker, and the brokerage organization may be dual agents. Examples are listed below:
1. If the same salesperson or associate broker represents both the buyer and seller in a transaction, then that salesperson
or associate broker, his or her broker, and brokerage organization are all dual agents.
2. If the buyer and seller are represented by two different salespeople or associate brokers working for the same broker,
then the broker and the brokerage organization are both dual agents, but the salespersons or associate broker are not.
3. If the buyer and seller are represented by two different salespeople or associate brokers working for different brokers
under the same brokerage organization, then only the brokerage organization is a dual agent.
Statutory Agent: An agent with duties under Delaware statutory law, not common law fiduciary duties. The agent is a
statutory agent for you and may be a dual agent as explained above.

Confidentiality: Brokers and salespersons have a duty of confidentiality to all parties from the moment of their first
contact. A broker or salesperson MAY NOT disclose the following information UNLESS the affected party has
provided his or her informed consent:

1. The buyer is willing to pay more for the property than what has been offered.
2. The seller is willing to accept less than the asking price.

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RE/MAX Associates, 3302 Concord Pike Wilmington, DE 19803 Phone: (302)236-8526 Fax:
Carl Frampton Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
3. The seller or buyer will agree to terms other than those offered.
4. Any personal motivations for any party to a transaction, IF that party has requested that the information be kept
confidential.
5. Other confidential information, UNLESS disclosure is required by law, or UNLESS failure to disclose would be
fraud or intentional misrepresentation.
6. Facts or suspicions regarding circumstances which may psychologically impact or stigmatize property under Section
2927 of Title 24 of Delaware law unless by law it must be disclosed.
7. Facts or suspicions that someone is a registered sex offender under Delaware law. Information regarding registered
sex offenders is available from the Delaware State Police at www.state.de.us/dsp/sexoff/index.htm.

Important Information:
1. The client and his or her broker and designated agent are not responsible for the wrongful actions of the other unless
they had actual knowledge of the wrongful act, error, omission or misrepresentation; however, the person who was
wrong is still responsible.
2. Notice given to a designated agent is considered notice to that designated agent's client. Notice given to anyone else
in the licensee's office is not considered notice to that client.
3. Put it in writing! Statements and negotiations by a party are not binding until they are in writing and signed by the
party.

Brokers, Associate Brokers, and Salespersons MUST:


1. Comply with all applicable laws, including performing the duties required of him or her by the statute and rules and
regulations of the Delaware Real Estate Commission.
2. Follow all other applicable laws, including laws governing fair housing and civil rights.
3. Perform as required by the terms of any written brokerage agreement, if one exists.
4. Exercise reasonable skill and care as a broker or salesperson.
5. Advise you to obtain expert advice on material matters outside his or her expertise.
6. Account to you in a timely manner for all money and property received.
7. Help to inform the parties regarding the progress of the transaction.
8. Disclose adverse material facts or defects actually known by the broker or salesperson.
9. Put any compensation agreement in writing.

Brokers, Associate Brokers, and Salespersons MAY:


1. List similar properties for sale.
2. Show clients properties not owned by their other clients.
3. Show the same property one client is interested in to one or more other clients.
4. Provide information generally available to licensees, such as recent sales activity.
5. Give advice and opinions throughout the real estate transaction.
6. Help you prepare offers and counteroffers and present them in a timely manner so long as the forms used advise the
parties that they may seek legal advice prior to signing.
7. Develop negotiating strategies or options for how to proceed with a transaction.
8. Perform ministerial tasks.
9. Cooperate with other brokers or salespersons.
10. Provide clients with relevant information and advice when requested.
11. Transmit financial information provided to them. Although they do not independently verify the accuracy or
completeness of this information, they MAY NOT transmit financial information they know is false.

Common Law Agency: Under Delaware law, salespersons, associate brokers, and brokers are statutory agents as
explained in this form and are not common law agents. If you are considering hiring a common law agent, you should
obtain disclosure of the potential legal liability and financial risks of common law agency and read and understand those
risks before you enter in to a common law agency relationship.

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1. Client(s) or Customer(s):

2. Licensee:
3. Brokerage Office Name and Registered Phone Number:

4. Relationship: Nothing needs to be completed in this paragraph because the law presumes you want Agency
Representation and Dual Agency unless you want to opt out by choosing a different status.
I am the SELLER. The licensee identified above is:
My designated seller's agent and dual agent, if I am selling my property to a buyer whom the agent also represents.
This relationship is presumed by law unless you choose a different relationship by initialing one of these lines. You do
not need to initial any of these lines if you are staying with the presumed status of agency and dual agency.
My designated seller's agent only. Or The buyer's agent and NOT my agent.

I am the BUYER. The licensee identified above is:


My designated buyer's agent and dual agent, if I am buying a property from a seller whom the agent also
represents. This relationship is presumed by law unless you choose a different relationship by initialing one of these
lines. You do not need to initial any of these lines if you are staying with the presumed status of agency and dual
agency.
My designated buyer's agent only. Or The seller's agent and NOT my agent.

It is presumed that a real estate agent at the sales office of a builder of new homes represents the builder (seller) and not
the buyer unless a different relationship is indicated above. (section 2933 (c) (2))
5. Signing this form does not obligate me to pay anything. I am only obligated to pay a fee if I enter into a separate
written brokerage agreement (for example, a listing or buyer agency agreement) signed by me. This CIS must be
signed prior to signing an Agreement of Sale, a Listing Agreement, or any other brokerage agreement such as an
Exclusive Buyer Agency Agreement.

By signing this form, I acknowledge that I have been given an opportunity to read this CIS and recognize the agency
relationship indicated above in section 4.

Date: Date:
Signature of Seller or Buyer Signature of Seller or Buyer

Date: Date:
Signature of Seller or Buyer Signature of Seller or Buyer

Date given to Seller or Buyer:


Signature of Broker or Licensee

Form Approved by the Delaware Real Estate Commission on January 12, 2012. Effective date is February 3, 2012.

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