1: MLS rules require that compensation be made to the buyer’s agent. This commission must be a set value, either a percent or flat dollar amount. It cannot be a range or say “negotiable”, and cannot be zero. Please make sure you have entered a value on the agreement that represents what you are offering to the buyer’s agent.
2: You will be emailed a copy of your MLS listing to review for errors/corrections. Please understand that your listing is LIVE in the MLS when we send you the copy. If you do not request corrections, you have accepted the listing as is.
3: All of the MLS systems syndicate to public websites, however we have NO CONTROL over the public sites that show MLS listings. Please understand that if your property is not appearing on a site and/or the information on that site is inaccurate or missing, you must contact that website owner directly to have it corrected. We only have control over your MLS listing and its content/information and are not responsible for public site displays.
4: If you accept an offer on your property You MUST notify us within one business day AND again upon CLOSING. All MLS systems levy fines if a change in the status is not reported. If you enter into a contract OR the property closes and you do not notify us and we are fined, you will be responsible for that fine.
5: You must be available to show the property and respond to agents. Your phone number must be active at all times, and you are required to call agents back in a timely manner to schedule showings or allow agents to present offers.
MLS INPUT: Your listing will not be input into the MLS until we have received the signed listing agreement, MLS data form AND at least one photo (up to 25 photos is included). Once all items are received, your listing will be entered into the MLS.
Listing Brokerage: Hawaii Real Estate Team
State License Number: RB-21781
Real Estate Licensee: Mark Guagliardo 808-747-9670 RB-22071 Broker@HawaiiRealEstateTeam.com Licensee in Brokerage Firm is a REALTOR® and member of the National Association of REALTORS®. Seller is aware that the National Association of REALTORS® holds its members accountable for their actions through a strict Professional Code of Ethics, which includes a grievance system to address complaints. Non-members are not required to participate in the grievance system.
Property Reference or Address:
Seller's Name: Is there another Seller on Title? YESNO
Seller's 2 Name:
LISTING PRICE: COOP:[tooltips "Real estate commission is defined as a fee offered and paid to Buyers Real Estate Agent for their services to buyers and sellers of property."] 2%2.5%3%Other
I/we, authorize Hawaii Real Estate Team, dba Hawaii Flat Fee, in agreement with FlatList.com (referred to as “Broker” hereafter) to advertise the real property (“Property”) described herein in the Multiple Listing Service for six months from the listing start date Seller has filled in on this form above. Seller agrees to pay Broker a non-refundable advertising fee as chosen on this agreement for the MLS service. The fee is fully earned upon activation of listing in the MLS. It is agreed between the Seller and Broker as follows:
SECTION A: TERMS AND CONDITIONS BETWEEN SELLER AND BROKERAGE FIRM AGENCY: 1)Seller is a customer and is NOT represented by broker. Broker will not be an agent or negotiate on behalf of any party in the purchase and sale transaction, will not handle any earnest money on behalf of buyer or Seller, does not maintain completed purchase and sale agreements in a transaction file, and is not a party to the transaction UNLESS seller has opted for the assistance at closing in this contract. Seller agrees to receive written offers directly from buyers or Buyer’s Broker. Any broker who procures a prospective buyer for the property is presumed to represent the Buyer. Brokerage Firm is not obligated to advertise the property, EXCEPT by submission to the MLS.
2) Commission: Offering a commission to the buyer’s agent is required in order to be in the MLS. Seller understands that if a Buyer is procured by a real estate licensee on the terms acceptable to Seller, then Seller will pay a Cooperating Broker (Buyer’s agent) commission. This commission is NON-NEGOTIABLE and IRRIVOCABLE. If there is a commission dispute, Seller agrees to allow the escrow company to place the amount in dispute in an escrow account until arbitrated and distributed throughout the MLS or the local Realtor Association. Seller agrees to indemnify and hold harmless FlatList.com and its agent’s from any commission claim brought by Buyer’s Broker.
3) IF home is built PRIOR to 1978: If any structure on the property was built before 1978, Seller shall provide a Disclosure of Lead-Based Paint and Lead-Based Paint Hazards as required by the U.S. Department of Housing and Urban Development. More information and forms are available at http://www.epa.gov/lead. Broker shall email a Lead Based Paint Disclosure Form to Seller and Seller is responsible for faxing or emailing it to Broker within ONE business day.
4) Ownership, Title and Authority: Seller warrants that 1) Seller is the owner of the Property or has the authority to execute this Agreement and to sell the Property; 2) no other persons or entities have title to the Property.
5) Items included or excluded: Unless otherwise specified in the sales contract, all fixtures attached to the Property are included. Personal property items are excluded. Exceptions to ownership, title and authority if any:
6) Escrow: A bonded company shall be employed to help with the conveyance of the Property. Seller hereby irrevocably assigns to Cooperating Brokerage Firm (Buyer’s Agent) the
7) Seller’s Representations: Seller represents that, unless otherwise specified in writing, Seller is not aware of any of the following and Seller shall promptly notify Brokerage Firm in writing if Seller becomes aware of any of these items during the Listing Period, or any extension: a) Notice of Default against the Property; b) Delinquent amounts due under any loan or other obligations secured by the Property; c) Bankruptcy, insolvency or similar proceeding affecting the Property; d) Litigation, arbitration, administrative action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to transfer it; and e) Current, pending or proposed special assessments affecting the Property.
8) Sex Offender Registration (“Megan’s Law”): Hawaii has enacted a law requiring sex offenders to register with the State Attorney General’s office. Brokerage Firm makes no representation as to whether the public has access to this information. Brokerage Firm is not required by law to provide information regarding sex offenders.
9) Disclosure of Material Facts: There is a general obligation under the Hawaii law for a Seller to disclose any fact which could be deemed to be material to a prospective Buyer of any property offered for sale, including vacant land, commercial property, as well as residential property. There is also a specific law in Hawaii (Chapter 5080, Hawaii Revised Statutes) requiring disclosure of material facts in the sale of any residential property. Under Hawaii law, the Seller is obligated and hereby agrees to give a written disclosure statement to a Buyer containing any fact, defect, or condition, past or present, that would be expected to measurably affect the value of the Property to a reasonable person. Such disclosure statement shall be prepared in good faith and with due care and shall disclose all material facts relating to the Property that: (I) are within Seller's knowledge or control; (ii) can be observed from visible, accessible areas; or (iii) are required by Section 508D-15 of the Hawaii Revised Statutes. Section 508D-15 of the Hawaii Revised Statutes provides that when the Property lies: (i) within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the appropriate Federal agencies for the purposes of determining eligibility for emergency flood insurance programs; (ii) within the boundaries of the noise exposure area shown on maps prepared by the Department of Transportation in accordance with Federal Aviation Regulation Part 150-Airport Noise Compatibility Planning (14 Code of Federal Regulations Part 150) for any public airport; (iii) within the boundaries of the Air Installation Compatibility Use Zone of any Air Force, Army, Navy or Marine Corps airport as officially designated by military authorities; or (iv) within the anticipated inundation areas designated on the Department of Defense's Civil Defense Tsunami Inundation Maps; subject to the availability of maps that designate the four areas by tax map key, SELLER must include this information in the disclosure statement. Seller understands that purposely or negligently failing to comply with this disclosure law may result in liability for damages. Seller further understands that if a written disclosure statement is not provided, or if inspection of the Property by a third party reveals facts inconsistent with or contradictory to Seller's disclosure statement, Hawaii law requires that Brokerage Firm disclose those facts to Seller, Buyer and Buyer's agent. This obligation of disclosure limits Brokerage Firm's agency duty of confidentiality. Seller also understands that if, after Seller's disclosure statement has been delivered to Buyer and prior to closing, Seller becomes aware of information which was not previously disclosed or which makes any statement in the disclosure statement inaccurate and said information directly, substantially, and adversely affects the value of the Property, then Seller shall provide an amended disclosure statement, in writing, to Buyer within ten (10) days after the discovery and in no event later than twelve noon on the last business day prior to the recorded sale of the Property.
10) Leasehold Disclosure: If the Property is leasehold, Seller agrees to provide, at Seller's expense, a current leasehold disclosure as required by Hawaii State law. Seller is responsible for ordering and paying for such a disclosure from a qualified professional, if such professional service is available.
11) Indemnification/Hold Harmless: Seller agrees by signing this agreement to indemnify, release, hold harmless without recourse, and to defend Broker and its agents from and with respect to, a) any misrepresentations, errors or omissions relating to the condition or title to the property; b) breach of any of Seller’s obligations under this Authorization, including, but not limited to, Seller’s commitment to pay any specified Buyer’s Broker commission; c) any issue related to showings, accessibility, lockboxes or property access; d) any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose. This indemnification shall extend to all claims, costs damages, or liabilities that are caused by or arise out of the actions, misfeasance or nonfeasance of Seller or Seller’s agent(s), including but not limited to, all costs, exposes, liabilities, including attorney fees, awards or judgments incurred by Broker whether incurred in connection with the defense of any claims asserted in any arbitration or other proceedings, or otherwise. Seller will be emailed a copy of their MLS listing to review. If Seller fails to notify Broker of any changes/corrections within 24 hours to their MLS listing, then Seller has approved of the information in the listing.
12) Professional Advice: Seller is advised to consult an attorney, accountant or other appropriate professionals in the assistance and advice of their listing agreement and/or sale PRIOR to entering into a contract. Seller is not relying upon Brokerage Firm for any such advice. Brokerage Firm HAS NOT AND WILL NOT give such advice.
13) Key Safe & Securing Valuables: Brokerage Firm will not be responsible for any valuables or for loss or damage to real or personal property. Brokerage Firm does not offer a key safe service, and all showings are to be coordinated by the seller.
14) Costs: Seller shall pay the following costs, if incurred: (1) customary closing costs; (2) Seller's legal fees; (3) fees for expert or specialized services; (4) costs of homeowner association documents; and (5) any other costs agreed to by Seller. Seller is advised to contact an Escrow company with any questions on the closing costs to be incurred by Seller PRIOR to entering into this listing contract and/or an agreement to sell.
15) Release of Information: (1) Seller authorizes Escrow to obtain any information regarding mortgage balances, lease rents, maintenance fees, property management, collection accounts, property taxes or like items. This information may be provided to any prospective Buyer. (2) Seller hereby consents to publication of listing and other data in the MLS and to the use of this information for market studies, service to the public, and advice to clients or customers. Seller understands that Brokerage Firm is obligated to comply with all applicable MLS rules. MLS rules allow MLS data to be made available by the MLS to additional public Internet sites unless Brokerage Firm gives the MLS instructions to the contrary.
16) Seller’s Affirmations: (a) Property Information. To the best of Seller's knowledge, the information on the Listing Input Data Form is correct. If any information on the data form is known to Seller to be incorrect or incomplete, Seller shall be fully responsible for any actions and costs to cure. (b) Fair Housing Laws. Seller understands that it is illegal to discriminate against prospective Buyers on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection. (c) Mediation and Arbitration. If any dispute or claim in law or equity arises out of this Agreement, and the parties are unable to resolve the dispute, Seller agrees to attempt in good faith to settle such dispute or claim by non-binding mediation through a mutually agreed upon mediator. If the mediation is not successful, then Seller will consider arbitration and may seek legal counsel to make this determination. It is understood that if both parties are involuntarily named as defendants in a lawsuit by a third party in any matter arising out of this Agreement, this paragraph shall no longer be binding on either party.
17) FIRPTA: Withholding Required if Seller Is A Foreign Person. Under the Internal Revenue Code, if Seller is a foreign person or entity (nonresident alien, corporation, partnership, trust or estate), then Buyer is generally required to withhold a specified percentage of the "amount realized" by Seller on the sale of the Property and forward the amount with the appropriate Internal Revenue Service ("IRS") form to the IRS. Such withholding may not be required if Seller obtains and provides Buyer with an authorized exemption or waiver from withholding. Seller must complete the authorized exemption or waiver form, or Escrow will withhold/collect from Seller the required amount at closing and forward it to the IRS.
18) HARPTA: Withholding Required If Seller Is A Non-Resident Of The State Of Hawaii. Under Hawaii law, if Seller is a non-resident person or entity (corporation, partnership, trust or estate) of the State of Hawaii, Buyer must withhold a specified percentage of the "amount realized" by Seller on the sale of the Property and forward the amount with the appropriate form to the State Department of Taxation. Such withholding may not be required if Seller obtains and provides Buyer with an authorized exemption or waiver from withholding. Seller must complete the authorized exemption or waiver form, or Escrow will withhold/collect from Seller the required amount at closing and forward it to the State Department of Taxation.
18) Notification of Mutual Acceptance: In order for Broker to comply with MLS rules, Seller shall notify Broker IN WRITING within one business day of acceptance of a contract AND provide the contract acceptance date, closing date, sales price, buyer’s agent name, financing type and concessions, if any paid by seller. Upon closing, seller shall notify broker within one business day. If the sale does not close, the MLS Listing will be reactivated for the remaining duration of the listing at no additional charge. If Broker is fined by the MLS for not reporting a status change due to the failure of Seller notifying Broker of change in status of listing, then Seller shall immediately reimburse Broker the amount of the fine imposed by the MLS.
19) Public Internet Sites: In addition to publication in the multiple listing service database (where Brokers get their information), Seller agrees to allow the Property to be advertised on the public websites of real estate brokers, as well as other websites selected by Broker. Seller acknowledges that Broker does not control the content, quality, or display of websites, including those of real estate brokerages Each website maintains its own standards regarding how much information to display about homes or the frequency with which websites update their display. Broker cannot guarantee the availability of any particular public website and this advertising is offered in good faith and is not guaranteed. Broker shall forward ALL buyer inquiries from these sites to Seller’s email.
20) Changes and/or Cancellation of Listing: Seller may make changes to their listing at any time without charge. All changes must be in writing using the change form supplied to Seller from Broker. Seller may cancel their listing at any time without refund and the LISTING FEE IS NON-REFUNDABLE, regardless of the reason for cancellation. If seller’s phone number becomes disconnected or unavailable, or if Seller fails to respond in a timely manner to agents attempting to obtain information, show or present an offer, Broker may cancel the listing in the MLS without refund to Seller.
21) Pricing Property: Seller understands that it is the sole responsibility of the Seller to price their property. Broker does not offer price opinions, market analysis or advice on the market activity. In addition, Seller understands that Broker will not view or inspect the property. Broker accepts all information submitted by Seller as true and accurate and has no obligation to verify.
22) Photos: You must provide photos that YOU OWN OR HAVE WRITTEN PERMISSION to use. Using photos without permission, regardless of how you obtained them, is a violation of the Digital Millennium Copyright Act. Seller irrevocably agrees to indemnify and hold harmless FlatList.com, and all its’ Brokers, licensees, from any claim arising from the use of copy written photos that the Seller has provided. Seller shall pay all MLS fines levied in the event that FlatList.com is fined for use of photos that Seller provides that were copied and/or used without written permission. Fines shall be paid within three business days from invoice.
23) Communication: Our Office Hours are Monday – Thursday 7:00 am- 4:00 pm and Friday 8:00 am – 3:00 pm. Our office is closed on Federal and HI state holidays. Changes to listings are made on Mondays and Thursdays. We prefer all communications through email at https://HawaiiFlatFee.com/Support Please use this form of communication for a timelier response, as we are on our emails during business hours. Our email is support@hawaiiflatfee.com.
NOTE: THERE IS NO WARRANTY ON PLAIN LANGUAGE. An effort has been made to put this agreement into plain language, but there is no promise that it is in plain language. In legal terms, THERE IS NO WARRANTY, EXPRESSED OR IMPLIED, THAT THIS AGREEMENT COMPLIES WITH CHAPTER 487A OF THE HAWAII REVISED STATUTES.
Hawaii Real Estate Team Purchase Contract Addendum
1. Utilities Availability: Buyer is advised to check with local providers of electric, water, gas, telephone and cable services and other utility services to determine the cost (including installation charges or fees, when applicable) and availability of desired services to the subject property. Utility service, and the necessary easements, may be limited or unavailable in some areas. Hawaii Real Estate Team, it’s Broker and agents make no representation or guarantees regarding the availability of any utility service to this property. Buyer acknowledges and agrees that Buyer has been advised to personally contact the local utilities company regarding utilities availability and pricing.
2. Caribbean Tree Frogs (“Coqui frogs”) & Termites and Other Pests: Buyer and Seller are aware that Coqui Frogs and other pests have been brought into Hawaii. Coqui Frogs make a chirping sound and in large number can be very annoying. Buyer(s) should investigate during their Due Diligence Period. Buyer acknowledges that there may be latent or hidden termite infestation or damage of which Seller, Seller's Agent, or Buyer's Agent has no knowledge and for which Seller, Seller's Agent, and Buyer's Agent are not liable. Seller, Seller's Agent, and Buyer's Agent make no representation or warranty that the property is free from hidden termite infestation or damage. Accordingly, Buyer and Seller hereby release Agents from any and all claims and/or liability arising from or related to possible termite infestation or damage.
3. Volcanoes, Air Quality and Lava: There are active and inactive volcanoes located in the County of Hawaii and, as a result, there are occasions when air quality is adversely affected by volcanic emissions known as “VOG.” VOG may adversely affect persons with respiratory problems and may also adversely affect water catchment systems if adequate precautionary measures are not taken. Buyer is advised to contact the Department of Health of the State of Hawaii, as well as other healthcare professionals, with respect to such matters. Further, the U.S. Department of the Interior has designated various “hazard zones” for lava flows. The locations of such hazard zones may affect the availability, limits and cost of property and/or liability insurance for the subject Property. Activity may include lava tubes and earthquakes.
4. Survey with Staking and Sketch: Hawaii Real Estate Team and all its agents recommend survey with staking and sketch on each and every property. In the event Buyer(s) and Seller(s) waive and/or delete survey with staking and sketch, both Buyer(s) and Seller(s) hereby agree to release and hold harmless Hawaii Real Estate Team, its brokers and all its agents from any claim, loss, damages, or liability of any nature or kind whatsoever arising from the waiver and/or deletion of survey with staking and sketch.
5. Other Island Agency Disclosure: Seller and Buyer are aware that Hawaii Real Estate Team, 1043 Makawao Ave, Makawao HI 96768, and all licensees employed by or associated with the brokerage firm, represents the Seller, Buyer, or both Seller and Buyer. The Principal Broker for Hawaii Real Estate Team, may be contacted by telephone, for no cost in Hawaii, at 808-747-9670, or by email at Broker@HawaiiRealEstateTeam.com
_________________ Initial Date
6. Building Permits Disclosures: Buyer is aware that many residential properties do not have all building permits as required by county ordinances and/or may not have been built according to the plans or Building Permits issued. Buyer understands that there are potential risks in purchasing any property on which unpermitted or non-complying work has been done. These risks may include, but are not limited to: (a.) A city or county agency may require the removal or rebuilding of the unpermitted or non-complying structures; (b.) The Property may be in violation of zoning, use and/or occupancy limit ordinances, which might require removal or discontinued use of all or a portion of the Property; (c.) A possible hazardous condition could be caused by non-conforming or un-permitted construction; and/or (d.) A lender's appraisal of the property and the decision to extend financing could be adversely affected.
During the J-1 inspection period, Buyer or Buyer's contractor, architect or other expert(s) are advised to review, among other things, the Property's building permit file, which may indicate whether structural modifications, additions and/or other items modified and/or changed were done with properly issued permits and if these building permits were inspected and signed by the appropriate county officials. Buyer understands that the agents are not qualified to give opinions on these matters, including but not limited to proper examination and analysis of the permit file contents.
7. Professional Home/Property Inspection: Buyer and Seller understand that the inspections referred to in paragraph J-1 encompass a wide range of professional fields and expertise. Buyer and Seller understand that Real Estate Brokers are not qualified to give opinions on these matters and acknowledge that neither party is relying on the Brokers for these services. IT IS STRONGLY RECOMMENDED THAT BUYER OBTAIN A PROFESSIONAL GENERAL HOME INSPECTION AS WELL AS SURVEYS AND INSPECTIONS IN SPECIALIZED AREAS BEYOND THE SCOPE OF GENERAL HOME INSPECTION.
Buyer further acknowledges that Buyer’s Agent at Buyer’s request may provide Buyer with the names of home inspectors. Buyer May:
1) Obtain a Professional Home inspection at Buyer’s expense. 2) Decline to obtain a Professional Home Inspection. 3) Determine prior to closing of escrow.
Buyer(s) acknowledge that they have read and understand the terms of this addendum. All persons should refer to qualified experts in various professional fields, including but not limited to attorneys, certified public accountants, architects, engineers, contractors and other appropriate professionals for detailed evaluation where various or additional clarification or information is desired.
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