1. society
2. work
3. contracts

New York International Real Estate
COVER SHEET
BUYER INFORMATION
Buyer #1 Name:
Buyer #2 Name:
Street Address:
City:
Home Phone Number:
Business Phone Number:
Buyer's Attorney:
Buyer's Attorney Address:
Attorney's Phone:
State:
Zip Code:
Fax Number:
Attorney's Fax:
SELLER INFORMATION
Seller #1 Name:
Seller #2 Name:
Street Address:
City:
Home Phone Number:
Business Phone Number:
Seller's Attorney:
Seller's Attorney Address:
Attorney's Phone:
State:
Zip Code:
Fax Number:
Attorney's Fax:
PROPERTY INFORMATION
MLS Number:
Street Address:
City:
Township:
County:
Legal Description:
Property Type:
Use or Purpose of Property:
Property Includes:
Property Excludes:
Listing Date:
Homeowner Assoc. Dues:
Purchase Agreement Date
Other Terms:
Mortgage Approval Date:
Closing Date:
1st Deposit:
Mortgage Bank:
Loan Originator:
Pest Inspection Date:
Well Inspection Date:
Septic Inspection Date:
Radon Inspection Date:
Structural Inspection Date:
Structural Inspector Name:
Inspector Phone Number:
State:
Zip Code:
Listed Price:
$
Purchase Price:
$
$
Mortgage Amount: $
$
2nd Deposit:
$
Mortgage Bank Phone:
Mortgage Bank Fax:
Lead Paint Inspection Date:
Attorney Approval Date:
Inspector Fax:
Page 1 of 2
Produced with ZipForm™ by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026
www.zipform.com
Disclosures.zf
SELLING BROKER INFORMATION
Selling Broker Firm Name:
Selling Office ID#:
Street Address:
City:
Telephone Number:
Selling Agent's Name:
Agent's Phone Number:
Agent's Pager Number:
Referral Fee:
Offer of Co-operation:
State:
Selling Agent ID#:
Agent's Cell Phone:
% or $
% or $
LISTING BROKER INFORMATION
Listing Broker Firm Name:
Listing Office ID#:
Street Address:
City:
Telephone Number:
Listing Agent's Name:
Agent's Phone Number:
Agent's Pager Number:
Referral Fee:
Total Commission:
Zip Code:
Fax Number:
State:
Zip Code:
Fax Number:
Listing Agent ID#:
Agent's Cell Phone:
Escrow Depository:
% or $
% or $
Page 2 of 2
Produced with ZipForm™ by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026
www.zipform.com
Disclosures.zf
New York State
DEPARTMENT OF STATE
Division of Licensing Services
P.O. Box 22001
Albany, NY 12201-2001
Customer Service: (518) 474-4429
Fax: (518) 473-6648
Web site: www.dos.state.ny.us
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT
New York State law requires real estate licensees
who are acting as agents of buyers and sellers of
property to advise the potential buyers and sellers
with whom they work of the nature of their agency
relationship and the rights and obligations it creates.
This disclosure will help you to make informed
choices about your relationship with the real estate
broker and its sales associates.
Throughout the transaction you may receive more
than one disclosure form. The law requires each
agent assisting in the transaction to present you with
this disclosure form. A real estate agent is a person
qualified to advise about real estate.
If you need legal, tax or other advice, consult with
a professional in that field.
Disclosure Regarding Real Estate
Agency Relationships
Seller’s Agent
A seller’s agent is an agent who is engaged by a seller
to represent the seller’s interest. The seller’s agent
does this by securing a buyer for the seller’s home at a
price and on terms acceptable to the seller. A seller’s
agent has, without limitation, the following fiduciary
duties to the seller: reasonable care, undivided loyalty,
confidentiality, full disclosure, obedience and duty to
account. A seller’s agent does not represent the
interests of the buyer. The obligations of a seller’s
agent are also subject to any specific provisions set
forth in an agreement between the agent and the
seller. In dealings with the buyer, a seller’s agent
should (a) exercise reasonable skill and care in
performance of the agent’s duties; (b) deal honestly,
fairly and in good faith; and (c) disclose all facts
known to the agent materially affecting the value or
desirability of property, except as otherwise provided
by law.
Buyer's Agent
A buyer’s agent is an agent who is engaged by a
buyer to represent the buyer’s interest. The buyer’s
agent does this by negotiating the purchase of a home
at a price and on terms acceptable to the buyer. A
buyer’s agent has, without limitation, the following
fiduciary duties to the buyer: reasonable care,
undivided loyalty, confidentiality, full disclosure,
obedience and duty to account. A buyer’s agent does
not represent the interest of the seller. The obligations
of a buyer’s agent are also subject to any specific
provisions set forth in an agreement between the
agent and the buyer. In dealings with the seller, a
buyer’s agent should (a) exercise reasonable skill and
care in performance of the agent’s duties; (b) deal
honestly, fairly and in good faith; and (c) disclose all
facts known to the agent materially affecting the
buyer’s ability and/or willingness to perform a
contract to acquire seller’s property that are not
inconsistent with the agent’s fiduciary duties to the
buyer.
Broker's Agents
As part of your negotiations with a real estate agent,
you may authorize your agent to engage other agents
whether you are a buyer or seller. As a general rule,
those agents owe fiduciary duties to your agent and to
you. You are not vicariously liable for their conduct.
Dual Agent
A real estate broker may represent both the buyer and
seller if both the buyer and seller give their informed
consent in writing. In such a dual agency situation, the
agent will not be able to provide the full range of
fiduciary duties to the buyer and seller. The
obligations of an agent are also subject to any specific
provisions set forth in an agreement between the
agent, and the buyer and seller. An agent acting as a
dual agent must explain carefully to both the buyer
and seller that the agent is acting for the other party as
well. The agent should also explain the possible
effects of dual representation, including that by
consenting to the dual agency relationship the buyer
and seller are giving up their right to undivided
loyalty. A buyer or seller should carefully consider
the possible consequences of a dual agency
relationship before agreeing to such representation.
DOS 1736 (11/06)
New York International Real Estate 274 Delaware Ave, Suite 2D, Delmar NY 12054
Phone: (518) 478-9175
Fax: (518) 478-9177
NYIREC Investment Brokerage (5
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 www.zipform.com
sample.zfx
The obligations of an agent are also subject to any specific
provisions set forth in an agreement between the agent,
and the buyer and seller. An agent acting as a dual agent
must explain carefully to both the buyer and seller that the
agent is acting for the other party as well. The agent
should also explain the possible effects of dual
representation, including that by consenting to the dual
agency relationship the buyer and seller are giving up
their right to undivided loyalty. A buyer or seller should
carefully consider the possible consequences of a dual
agency relationship before agreeing to such
representation.
DUAL AGENT WITH DESIGNATED SALES
AGENTS
If the buyer and the seller provide their informed consent
in writing, the principals or the real estate broker who
represents both parties as a dual agent may designate a
sales agent to represent the buyer and another sales
agent to represent the seller to negotiate the purchase and
sale of real estate. A sales agent works under the
supervision of the real estate broker. With the informed
consent of the buyer and the seller in writing, the
designated sales agent for the buyer will function as the
buyer's agent representing the interests of and advocating
on behalf of the buyer and the designated sales agent for
the seller will function as the seller's agent representing
the interests of and advocating on behalf of the seller in
the negotiations between the buyer and seller. A
designated sales agent cannot provide the full range of
fiduciary duties to the buyer or seller. The designated
sales agent must explain that like the dual agent under
whose supervision they function, they cannot provide
undivided loyalty. A buyer or seller should carefully
consider the possible consequences of a dual agency
relationship with designated sales agents before agreeing
to such representation.
This form was provided to me by
(print name of licensee) of
(print name of company, firm or brokerage),
a licensed real estate broker acting in the interest of the
( ) Seller as a (check relationship below)
( ) Seller's agent
( ) Broker's agent
( ) Buyer as a (check relationship below)
( ) Buyer's agent
( ) Broker's agent
( ) Dual
( ) Dual agent with designated sales agents
If dual agent with designated sales agents is checked:
is appointed to represent the buyer; and
is appointed to represent the seller in this transaction.
(I)(We)
acknowledge receipt of a copy of this disclosure form:
Signature of [ ] Buyer(s) and/or [ ] Seller(s):
Date:
Date:
Produced with ZipForm™ by RE FormsNet, LLC 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipform.com
Disclosures.zf
NYIREC
NEW YORK INTERNATIONAL REAL ESTATE CORP.
THIS IS A LEGALLY BINDING CONTRACT.
YOU ARE ADVISED TO CONSULT AN ATTORNEY BEFORE SIGNING.
EXCLUSIVE RIGHT TO AUCTION PROPERTY
1.
Parties:
OWNER: ___________________________________________________________________________________________,
Residing or doing business at__________________________________________________________________________ (the
word OWNER refers to each and all parties who have an ownership interest in the property)
LISTING BROKER: ___________________________________________________________________________________
doing business at ________________________________________________________hereinafter referred to as “Listing Broker”
AUCTIONEER: New York International Real Estate Corp., doing business at 274 Delaware Avenue, Delmar, NY 12054.
Auctioneer is a duly licensed Real Estate Broker under the laws of the Sate of New York.
2.
Property: The subject of this contract is real property located at:_______________________________________________
in the town/city/village of ___________________________ County of ____________________, State of _______ .
Property Tax ID #: ________________________.
3.
Exclusive Right to Auction: The Owner and Listing Broker hereby give Auctioneer the sole and exclusive right
to auction the Property, under the terms and conditions below, from
, 200__ until and including
_______________, 200__. An exclusive right to auction means that Auctioneer will be paid the agreed upon commissions
and/or fees as provided for in this contract and a Buyers Premium of _____ %, in the event that the Property is sold by any
person, company or agent, including the Owner, during the period of this agreement, irrespective of the method of sale and the
Auctioneer’s involvement, or lack of involvement, in the transaction.
4.
Auction Price: The Owner authorizes the Auctioneer to auction the Property for the minimum price of $____________.
Any sale at auction at or above the minimum price will be a final sale and shall be legally binding on the Owner and shall entitle
the Auctioneer and Listing Broker to commissions and/or fees as stated herein or otherwise agreed upon. If the final bid at
auction is below the stated minimum price, Owner may, but is not obligated to, accept such bid in lieu of the minimum price. If
Owner accepts a lower bid, or negotiates an alternate purchase price, commissions and/or fees stated herein shall be due and
payable based upon the final sale price.
Auctioneer agrees to auction the property to the public during the term of this agreement. The location, time and method
(live or by internet) of the auction shall be at the complete and sole discretion of the Auctioneer. Owner and Listing Broker
affirm that Auctioneer has made available to them the Terms and Conditions of the auction prior to or simultaneous with the
signing of this agreement and such Terms and Conditions are agreed to by Owner and Listing Broker.
5.
Commissions and/or Fees:
a.
Fees.
Owner will pay Auctioneer an advertising/marketing fee of $___________upon the execution of this
contract. Such fee shall be non-refundable and shall not be contingent upon the sale of Owner’s property. Marketing shall be
conducted by Auctioneer as outlined in Schedule A attached hereto.
b. Commissions. Listing Broker will pay Auctioneer, as a co-brokerage commission, a commission of
$___________________ or _________ percent of the final sale price, said commission being due and payable by Listing Broker
upon the successful close of title. In the event that Auctioneer sells property to a Purchaser who is represented by a Buyer Broker,
and said Buyer Broker has pre-registered with the Auctioneer, the co-brokerage commission will be waived by Auctioneer and
paid to the purchaser’s Buyer’s Broker.
c.
Buyer’s Premium. Auctioneer, as part of the auction process, will charge the Purchaser a Buyer’s Premium, which
will either be a fixed fee or a percentage of the successful bid, or subsequent agreed upon alternate purchase price. Owner and
Listing Broker expressly understand and agree that the Buyer’s Premium paid by a Purchaser at auction is not a deposit relative to
the sale of the property, is not part of the commission referred to herein, that Owner and Listing Broker have no legal or equitable
interest in such Buyer’s Premium, and that Auctioneer’s ownership of such Buyer’s Premium vests in Auctioneer at the time a
successful bid is received at the auction irrespective of the closing of title to the property.
6.
Owner’s Representations, Authorization and Obligations.
a.
Title to Property. Owner represents and warrants that he is owner in fee of the subject Property, that he has
full authority to offer such Property for auction and enter into a contract for the sale thereof, that there are no impediments,
pending legal actions, or other restrictions on title that would make title unmarketable, and that he will remove
Page 1of 2 ________ ________
© Copyright 2007 NYIREC. All rights reserved
all liens and encumbrances from such title at or prior to closing of title. Where required, Owner shall make all information,
documents, tax receipts or bills and/or title abstracts in his possession available to Purchaser or Purchaser’s agent. Failure to
close the transaction because of inability to transfer good and marketable title to Purchaser will not relieve Owner of any
obligation to pay commissions and/or fees to Auctioneer. Owner discloses that as of this date he has not received any notice from
any municipality, government agency or homeowners association about violations concerning the property, and agrees to
promptly notify Auctioneer immediately of any notices of violations that he receives during the term of this agreement. Owner
will provide Auctioneer with an executed, true and accurate New York State Department of State “Property Disclosure Form”
simultaneously with the signing of this agreement, and such form will be updated and re-signed at time of auction.
b.
Access to Property and Signage. Owner agrees to make the Property available for inspection to prospective
bidders through the Listing Broker . Listing Broker agrees to arrange for the showing of the property to prospective purchasers
prior to auction. Owner represents and certifies that he has placed appropriate liability insurance on the Property and will provide
Auctioneer with proof of such insurance upon request. The Owner and Listing Broker authorize the Auctioneer to advertise the
Property for auction, including but not limited to placing appropriate signage, such as “To Be Sold At Public Auction”, on the
Property. Owner and Listing Broker shall be responsible for the removal of any of Auctioneers signage on the property.
c.
Deposits. Any earnest money deposit paid at auction will be transferred immediately to Listing Broker and
Listing Broker shall hold such deposits made as part of the purchase price in Listing Broker’s escrow account until closing of
title. Owner further agrees that the Listing Broker shall apply and pay any deposits or earnest money received as part of the
purchase price toward the auctioneer’s commissions and/or advertising fee due under this agreement.
d.
Non-Discrimination.
Owner understands that he may not refuse to sell, or discriminate in the terms,
conditions or privileges of sale, to any person due to race, color, creed, religion, national origin, sex, martial status, status with
regard to public assistance, handicap, whether physical or mental, or family status. Owner understands further that local
ordinances may include other protective clauses.
e.
Indemnification of Auctioneer. Owner agrees to indemnify, save, and hold harmless the Auctioneer, its
employees, representatives or agents, from any and all liability and damage, expense, cause of action, suit, claim or judgment,
including the payment of all attorney fees, resulting from the Owner’s misrepresentation of the Property, from showing the
Property to the public, or from failure or inability to perform pursuant to any contract entered into for the sale of the Property with
a Purchaser.
7.
Listing Broker’s Representations. Listing Broker represents that he is a duly licensed real estate broker under the laws
of the State of New York. Listing Broker certifies that Owner has entered into a valid listing agreement with Listing Broker and
that said agreement is in full force and effect and will not expire during the term of this auction agreement. Listing Broker agrees
to indemnify, save, and hold harmless Auctioneer, its employees, representatives or agents, from any and all liability and damage,
expense, cause of action, suit, claim or judgment, including the payment of all attorney fees, resulting from the Listing Broker’s
misrepresentation of the Property, from showing the property to the public.
8.
Entire Agreement. This agreement represents the entire agreement between the parties. If there are any inconsistencies
or contradictions between the terms of this agreement and the Listing Broker’s agreement with the Owner, the terms and
conditions of this agreement shall be controlling. Any changes to this agreement must be in writing and signed by the parties.
This agreement is binding upon the parties’ heirs, representatives, successors and/or assigns. This agreement shall be subject to
and interpreted pursuant to the laws of the State of New York.
ACCEPTED BY:
ACCEPTED.BY:
New York International Real Estate Corp.
Auctioneer
________________________________
Owner
______
Date
______________________________________ ________
Date
________________________________
Owner
______
Date
ACCEPTED BY:
______________________________________ ________
Listing Broker
Date
Page 2 of 2
Towne Centre Professional Building 274 Delaware Avenue, Suite 2D Delmar, New York 12054-1436 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177 ~ International: 877-846-8444
© Copyright 2007 NYIREC. All rights reserved
NYIREC
NEW YORK INTERNATIONAL REAL ESTATE CORP.
Schedule A
THIS IS A LEGALLY BINDING CONTRACT.
YOU ARE ADVISED TO CONSULT AN ATTORNEY BEFORE SIGNING.
ADVERTISING & MARKETING AGREEMENT
This Advertising & Marketing Agreement is added to and made a part of the Auction Listing Agreement
between:
_______________________________________________________________________ as Seller
________________________________________________________________________ as Listing Broker
and
New York International Real Estate Corp., as Auctioneer
Regarding the property located at:________________________________________________________
Advertising/Marketing Fee: Seller and/or Listing Broker will pay Auctioneer an advertising/marketing
fee of $_____________ upon the execution of this contract.
Payable as follows:
A down payment of $________________, with the balance of $______________ due and payable in full in
______days or directly out of the purchase funds at the time of transfer of title, which ever occurs first.
Such fee shall be non-refundable and shall not be contingent upon the sale of Seller’s property.
Auctioneer will provide generic newspaper classified advertising to promote the auction web site and/or
real estate auction only. Frequency, location and type of advertising shall be at the sole discretion of the
Auctioneer.
All real estate advertising is subject to the Fair Housing Act, which makes it illegal to advertise “any
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin, or any such preference limitation or discrimination. New York International Real Estate
Corp. will not place any advertising, which is in violation of the law.
ACCEPTED BY:
ACCEPTED. BY:
New York International Real Estate Corp.
Auctioneer
________________________________
Owner
_______
Date
_________________________________
BY:
________________________________
Listing Broker
_______
Date
Towne Centre Professional Building 274 Delaware Avenue ~ Delmar, New York 12054-1312 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177~ International: 1-877-846-8444
© Copyright 2007 NYIREC. All rights reserved.
DISCLOSURE OF INFORMATION AND ACKNOWLEDGMENT
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
Lead Warning Statement
Every purchaser of any interest in residential real 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 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 buyer with
any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the
buyer 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 (initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
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 below):
Seller has provided the purchaser with all available records and reports pertaining to lead-based paint
and/or lead-based 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 Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet Protect Your Family From Lead in Your Home.
(e) Purchaser has (check one below):
Received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or
inspection of the presence of lead-based paint or lead-based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based
paint and/or lead-based paint hazards.
Agent's Acknowledgment (initial)
(f) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852 d and 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
they have provided is true and accurate.
Purchaser
Date
Seller
Date
Purchaser
Date
Seller
Date
Agent
Date
Agent
Date
6/21/96
Capital Region Multiple Listing Service, Inc.
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035
www.zipform.com
sample.zfx
Property Condition Disclosure Statement
Name of seller or sellers:
Property address:
The Property Condition Disclosure Act requires the seller of residential real property to cause this disclosure
statement or a copy thereof to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding
contract of sale.
Purpose of Statement:
This is a statement of certain conditions and information concerning the property known to the seller. This disclosure
statement is not a warranty of any kind by the seller or by any agent representing the seller in this transaction. It is not a
substitute for any inspections or tests and the buyer is encouraged to obtain his or her own independent professional
inspections and environmental tests and also is encouraged to check public records pertaining to the property.
A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM MAY SUBJECT THE
SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE TRANSFER OF TITLE. IN THE EVENT A SELLER
FAILS TO PERFORM THE DUTY PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR
TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL RECEIVE UPON THE
TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS AGAINST THE AGREED UPON PURCHASE PRICE
OF THE RESIDENTIAL REAL PROPERTY.
"Residential real property" means real property improved by a one to four family dwelling used or occupied, or intended to
be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to (a)
unimproved real property upon which such dwellings are to be constructed or (b) condominium units or cooperative
apartments or (c) property on a homeowners' association that is not owned in fee simple by the seller.
Instructions to the seller:
(a)
(b)
(c)
(d)
Answer all questions based upon your actual knowledge.
Attach additional pages with your signature if additional space is required.
Complete this form yourself.
If some items do not apply to your property, check "NA" (non-applicable). If you do not know the answer check "UNKN"
(unknown).
Seller's Statement:
The seller makes the following representations to the buyer based upon the seller's actual knowledge at the time of signing
this document. The seller authorizes his or her agent, if any, to provide a copy of this statement to a prospective buyer of
the residential real property. The following are representations made by the seller and are not the representations of the
seller's agent.
General Information
1. How long have you owned the property?
2. How long have you occupied the property?
3. What is the age of the structure or structures?
Note to buyer- If the structure was built before 1978 you are encouraged to investigate for the presence of lead based
paint.
4. Does anybody other than yourself have a lease, easement or any other right to use or occupy any part of your property
other than those stated in documents available in the public record, such as rights to use a road or path or cut trees or
crops? Yes No UNKN NA
5. Does anybody else claim to own any part of your property? Yes No UNKN NA (if yes, explain below)
1
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035
www.zipform.com
sample.zfx
6. Has anyone denied you access to the property or made a formal legal claim challenging your title to the property?
Yes No UNKN NA (if yes, explain below)
7. Are there any features of the property shared in common with adjoining land owners or a homeowners association,
such as walls, fences or driveways? Yes No UNKN NA (if yes, describe below)
8. Are there any electric or gas utility surcharges for line extensions, special assessments or homeowner or other
association fees that apply to the property? Yes No UNKN NA (if yes, explain below)
9. Are there certificates of occupancy related to the property? Yes No UNKN NA (if no, explain below)
Environmental
Note to Seller - In this section, you will be asked questions regarding petroleum products and hazardous or toxic
substances that you know to have been spilled, leaked or otherwise been released on the property or from the property
onto any other property. Petroleum products may include, but are not limited to, gasoline, diesel fuel, home heating fuel,
and lubricants. Hazardous or toxic substances are products that could pose short- or long-term danger to personal health or
the environment if they are not properly disposed of, applied or stored. These include, but are not limited to, fertilizers,
pesticides and insecticides, paint including paint thinner, varnish remover and wood preservatives, treated wood,
construction materials such as asphalt and roofing materials, antifreeze and other automotive products, batteries, cleaning
solvents including septic tank cleaners, household cleaners and pool chemicals and products containing mercury and lead.
Note to Buyer - If contamination of this property from petroleum products and/or hazardous or toxic substances is a
concern to you, you are urged to consider soil and groundwater testing of this property.
10. Is any or all of the property located in a designated floodplain? Yes No UNKN NA (if yes, explain below)
11. Is any or all of the property located in a designated wetland? Yes No UNKN NA (if yes, explain below)
12. Is the property located in an agricultural district? Yes No UNKN NA (if yes, explain below)
13. Was the property ever the site of a landfill? Yes No UNKN NA (if yes, explain below)
14. Are there or have there ever been fuel storage tanks above or below the ground on the property?
Yes No UNKN NA
If yes, are they currently in use? Yes No UNKN NA Location(s)
Are they leaking or have they ever leaked? Yes No UNKN NA (if yes, explain below)
15. Is there asbestos in the structure? Yes No UNKN NA (if yes, state location or locations below)
16. Is lead plumbing present? Yes No UNKN NA (if yes, state location or locations below)
17. Has a radon test been done? Yes No UNKN NA (if yes, attach a copy of the report)
18. Has motor fuel, motor oil, home heating fuel, lubricating oil or any other petroleum product, methane gas, or any
hazardous or toxic substance spilled, leaked or otherwise been released on the property or from the property onto any
other property? Yes No UNKN NA (if yes, describe below)
19. Has the property been tested for the presence of motor fuel, motor oil, home heating fuel, lubricating oil, or any other
petroleum product, methane gas, or any hazardous or toxic substance?
Yes No UNKN NA (if yes, attach report(s))
Structural
20. Is there any rot or water damage to the structure or structures? Yes No UNKN NA (if yes, explain below)
21. Is there any fire or smoke damage to the structure or structures? Yes No UNKN NA (if yes, explain below)
22. Is there any termite, insect, rodent or pest infestation or damage? Yes No UNKN NA (if yes, explain below)
2
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035
www.zipform.com
sample.zfx
23. Has the property been tested for termite, insect, rodent or pest infestation or damage?
Yes No UNKN NA (if yes, please attach report(s))
24. What is the type of roof/roof covering (slate, asphalt, other.)?
Any known material defects?
How old is the roof?
Is there a transferable warrantee on the roof in effect now? Yes No UNKN NA (if yes, explain below)
25. Are there any known material defects in any of the following structural systems: footings, beams, girders, lintels,
columns or partitions. Yes No UNKN NA (if yes, explain below)
Mechanical Systems & Services
26. What is the water source (circle all that apply - well, private, municipal, other)? If municipal, is it metered?
Yes No UNKN NA
27. Has the water quality and/or flow rate been tested? Yes No UNKN NA (if yes, describe below)
28. What is the type of sewage system (circle all that apply – public sewer, private sewer, septic or cesspool)?
If septic or cesspool, age?
Date last pumped?
Frequency of pumping?
Any known material defects? Yes No UNKN NA (if yes, explain below)
29. Who is your electric service provider?
What is the amperage?
Does it have circuit breakers or fuses?
Private or public poles?
Any known material defects? Yes No UNKN NA (if yes, explain below)
30. Are there any flooding, drainage or grading problems that resulted in standing water on any portion of the
property? Yes No UNKN NA (if yes, state locations and explain below)
31. Does the basement have seepage that results in standing water? Yes No UNKN NA (if yes, explain below)
Are there any known material defects in any of the following (if yes, explain below. Use additional sheets if necessary):
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
Plumbing system?
Yes
Security system?
Yes
Carbon monoxide detector?
Yes
Smoke detector?
Yes
Fire sprinkler system?
Yes
Sump pump?
Yes
Foundation/slab?
Yes
Interior walls/ceilings?
Yes
Exterior walls or siding?
Yes
Floors?
Yes
Chimney/fireplace or stove?
Yes
Patio/deck?
Yes
Driveway?
Yes
Air conditioner?
Yes
Heating system?
Yes
Hot water heater?
Yes
The property is located in the following school district
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
UNKN
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
UNKN
3
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035
www.zipform.com
sample.zfx
Note: Buyer is encouraged to check public records concerning the property (e.g. tax records and wetland and flood plain
maps)
The seller should use this area to further explain any item above. If necessary, attach additional pages and indicate here
the number of additional pages attached.
Seller's Certification:
SELLER CERTIFIES THAT THE INFORMATION IN THIS PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE
AND COMPLETE TO THE SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS MATERIALLY
INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED PREVIOUSLY, THE SELLER SHALL
DELIVER A REVISED PROPERTY CONDITION DISCLOSURE STATEMENT TO THE BUYER AS SOON AS
PRACTICABLE. IN NO EVENT, HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY
CONDITION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO THE BUYER OR
OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
Seller
date
Seller
date
Buyer's Acknowledgment:
Buyer acknowledges receipt of a copy of this statement and buyer understands that this information is a statement of
certain conditions and information concerning the property known to the seller. It is not a warranty of any kind by the seller
or seller's agent and is not a substitute for any home, pest, radon or other inspections or testing of the property or
inspection of the public records.
Buyer
date
Buyer
date
4
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035
www.zipform.com
sample.zfx
NYIREC
NEW YORK INTERNATIONAL REAL ESTATE CORP.
AUCTION TERMS AND CONDITIONS: (Please Read Carefully)
.
Agency Disclosure: New York International Real Estate Corp. and all licensees
employed by or associated with the Auction Company represent the Seller in the sale of
the property located at:_________________________________________________.
Buyers Premium: A Buyer’s Premium of 10% or $3,000 which ever is greater, in the
form of certified funds, will be payable on each property sold at auction. Payment of
the Buyer’s premium is the sole and absolute responsibility of the successful bidder on
the property at time of the auction and is not contingent on the transfer of title to the
property. The Buyer’s Premium is calculated by multiplying the successful bid or
subsequent alternate purchase price agreed upon by the parties, by 10%.
..
Contract of Sale: The successful bidder for each property shall be required to sign a
Winning Bid Acknowledgement immediately after being declared the successful bidder
by the Auctioneer. The successful bidder must also execute and deliver an “Auction
Purchase and Sale Contract” for each property no later than (7) days after being
declared the successful bidder by the auctioneer. A copy of the Winning Bid
Acknowledgement and Auction Purchase and Sale Contract can be viewed from our
web site at www.realestate-auction.com or you can receive a copy by mail or fax by
calling (518) 478-9175.
.
Earnest Money Deposit: In addition to the Buyer’s Premium the successful bidder is
required to pay 10 % of the winning bid amount, in the form of certified funds, as an
Earnest Money Deposit at the time of the auction and it shall be credited toward the
purchase price. The Buyer’s Premium and Earnest Money Deposit is non re-fundable
and will be forfeited by the Purchaser to the Seller in the event the Purchaser defaults
and does not close the transaction.
.
.
Closing Period: Closings shall be on or before 30 days from the date of the auction,
unless the Seller agrees otherwise in writing pursuant to terms outlined in the Auction
Purchase and Sale Contract. Time is of the essence as to the closing date.
.
Financing: No auction bids are contingent upon financing. Buyer financing is solely the
responsibility of the buyer, and at no cost to the Seller. It is recommended that buyers
pre-qualify for loans, assuring that they can close in accordance with the terms in the
purchase agreement.
.
Property Is Sold “As Is”: All parcels, including any buildings or other improvements
thereon, are offered for sale and sold “AS IS” without representation or warranty of any
kind as to their condition, excepting where applicable, the HUD Lead Paint Disclosure
for Residential Properties and any other disclosures required by law. Personal on-site
inspection of each property prior to the auction is strongly recommended. Bidders are
encouraged to have inspectors, architects, and/or engineers examine parcels prior to
bidding.
P. 1 of 3 _____ Initials
Towne Centre Professional Building 274 Delaware Avenue ~ Delmar, New York 12054-1312 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177~ International: 1-877-846-8444
© Copyright 2007 NYIREC. All rights reserved.
Bidders are encouraged to consider a title search and survey of the property prior to
bidding. Bidders should exercise due diligence as to property usage, zoning and
building code restrictions and or violations that may or may not exist as to the subject
property. Property descriptions are deemed reliable but not guaranteed. Some
properties may be subject to nonconforming use as a result of being vacated for more
than twelve months.
Deed Transfer: All parcels sold shall be conveyed to the Purchaser by means of a
Warranty Deed, with Lien Covenant. In no event shall New York International Real
Estate Corp., be or become liable for any defects in title for any cause whatsoever, and
no claim, demand or suit of any nature shall exist in favor of the purchaser, its heirs,
successors or assigns, against New York International Real Estate Corp., arising from
this sale.
.
Absolute Sales: In the event that the high bid on a property meets or exceeds the
minimum price established by the Owner, the sale of such property shall be an absolute
and final sale and shall bind all parties.
Reserve Sales: In the event that the high bid on a parcel is less than the minimum price
established by the Owner, the sale shall be subject to approval by the Owner. The
Owner shall have forty-eight hours to accept the bid or negotiate an alternate price. If
the Owner does not accept the bid or negotiate an alternate price, the Purchaser’s
deposit and Buyer’s Premium shall be returned to Purchaser in full. If Owner agrees to
accept the bid or agrees to an alternate purchase price, the sale shall be deemed final.
.
Internet Bids: New York International Real Estate Corp. reserves the right to accept
“Internet Bids” during or before a live auction event, whereby potential bidders unable to
attend the live auction may deposit funds and place a bid via the Internet for a specific
property. Internet bids will be announced as the starting bid at the auction.
Back-up Bids: New York International Real Estate Corp. reserves the right to accept
back-up bids during the auction. Once a successful bidder is recorded, the highest
previously submitted bid would be recorded as the “back-up bidder. For Internet
auctions, both the successful bidder and back-up bidder will be notified via e-mail at the
end of the auction. In the event that the successful bidder does not close on the
property the back-up bidder will be sold the property subject to the same approvals as
all other bidders at the auction.
Personal Property: No personal property is included in the sale of any of the
properties. The disposition of any personal property located on or in any parcel sold
shall be the sole responsibility of the successful purchaser following the closing of sale.
Marketing: All informational tools, including but not limited to slides, tax maps, deeds,
photos, auction listings, auction catalogs, auction signs, property record cards, etc., are
for identification purposes only and are neither a guarantee nor a warranty as to
location, dimensions, parcel use and/or size, or anything else. New York International
Real Estate Corp. makes no warranty expressed or implied in connection with this sale.
P. 2 of 3 _____ Initials
Towne Centre Professional Building 274 Delaware Avenue ~ Delmar, New York 12054-1312 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177~ International: 1-877-846-8444
© Copyright 2007 NYIREC. All rights reserved.
Auctioneer’s Decision Final: The Auctioneer’s decision regarding any bidding
disputes is final, and the auctioneer reserves the right to reject any bid that is not an
appreciable advancement over the preceding bid. Auctioneer reserves the right to add
or delete any property from this auction or to alter the order of sale from that previously
published. All announcements made at the auction take precedence over all other
advertising or previous publications.
Evictions: Properties are sold subject to the existing rights of all tenants. Summary
proceedings or other legal actions relative to any third parties in possession of the
premises, if necessary, are solely the responsibility of the successful bidder.
Broker Participation: Buyer broker participation is invited. Broker commissions vary
and are paid based on the fee schedule published in the individual Property Report.
Commissions are only paid to properly licensed real estate brokers/agents who have
registered as a Buyer Broker in accordance with auction rules and regulations no later
than 24 hours prior to bidding at the auction. No exceptions will be made. Buyer Brokers
can register by completing our "Buyer Broker Registration Form" and faxing it back to
us. A copy of the Buyer Broker Registration Form can be printed from our web site at
www.realestate-auction.com or sent to you by mail or fax by calling (518) 478-9175.
I have read and understand the “Terms & Conditions” of this auction:
Signature:_______________________________________ Date:_______________
Print Name:__________________________________________________________
P. 3 of 3
Towne Centre Professional Building 274 Delaware Avenue ~ Delmar, New York 12054-1312 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177~ International: 1-877-846-8444
© Copyright 2007 NYIREC. All rights reserved.
NYIREC
NEW YORK INTERNATIONAL REAL ESTATE CORP.
THIS IS A LEGALLY BINDING CONTRACT.
YOU ARE ADVISED TO CONSULT AN ATTORNEY BEFORE SIGNING.
AUCTION PURCHASE AND SALE CONTRACT
CONTRACT OF SALE made as of the ____ day of ________, 2007 between ____________________________________
residing/doing business at ______________________________________________, hereinafter called "Seller", who agrees to sell and
_____________________________________________________________________________________ residing/doing business at
_____________________________________________________________________________________________, hereinafter called
"Purchaser", who agrees to buy the property located at _______________________________, in the Town/City/Village of __________,
County of _____________, State of __________ including all buildings and improvements thereon, which is more fully described in the
deed in Schedule A annexed hereto. Property Tax ID #: ______________________________________________.
1.
TOTAL PURCHASE PRICE $ _________________ (_____________________________________________________ Dollars)
Payable as follows:
On signing of this contract:
$____________ ( __________________________________________________ Dollars)
Cash or certified funds at closing:
$____________ ( __________________________________________________ Dollars)
2.
PREMISES SOLD “AS IS”. The property is sold “AS IS” without any warranty or guarantee of any kind with the sole
exception that Seller warrants good and marketable title. This sale is not subject to any inspection, mortgage or other
contingencies. This sale includes all fixtures and articles of personal property, without warranty, whether operative or inoperative, now
attached or appurtenant to the Premises. Prior to the auction, the purchaser has or has had the opportunity to inspect the premises,
including the title, the buildings on the premises and the personal property included in this sale and is thoroughly acquainted with their
condition. If Purchaser has not so inspected the premises, he hereby certifies that he has had the opportunity to do so and has willfully
waived such right of inspection. The purchaser agrees to purchase them "as is" and in their present condition subject to reasonable
use, wear, tear, and natural deterioration between now and closing. The Purchaser agrees that neither the Seller or his agents,
servants, officers or employees or the Seller’s broker, have made any representations, warranties or statements of fact concerning the
premises or improvements erected on the premises above described or of any of the facilities installed therein. The purchaser shall
have the right, after reasonable notice to the seller, to inspect the premises prior to closing. Seller has provided purchaser with a
property disclosure statement as required by law.
3.
CLOSING DATE AND PLACE. Closing will take place at the office of Seller’s attorney, located at _______________________
on or before ________________________. Time is of the essence as to the closing of title. If Purchaser fails to close on or
before closing date due to fault of Purchaser, Purchaser will be in default and breach of this contract.
4.
BROKER.
Purchaser represents that he has not dealt with any broker in connection with this purchase other than
New York International Real Estate Corp. and the Seller agrees to pay the broker a commission pursuant to a separate listing
agreement between the listing broker and seller when title closes.
5.
ACCEPTABLE FUNDS. All money payable under this contract shall be cash or certified check of purchaser, or cashiers, teller’s
or certified check of any bank, savings bank, trust company or savings and loan association, or as otherwise agreed to in writing by
seller or seller's attorney.
6.
SUBJECT TO PROVISIONS.
The premises are to be transferred subject to: (a) laws and governmental regulations that
affect the use and maintenance of the premises; (c) any state of facts which an accurate survey or inspection of the premises may
disclose; (e) easements, restrictions, and covenants of record, provided they do not render title unmarketable.
7.
TITLE. Seller shall give and purchaser shall accept such title as any member of the New York Board of Title Underwriters will be
willing to approve and insure in accordance with their standard form of policy subject only to the matters provided for in this contract.
The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render the title to the premises
marketable, however, the seller may, at his sole option, remove said defects and an adjournment of closing shall be given for this
purpose. The purchaser may also accept such title as the seller may be able to convey, without reduction of the purchase price or any
credit or allowance against the same and without any other liability on the part of the seller.
Page 1 of 2 ________
© Copyright 2007 NYIREC. All rights reserved.
________
8.
CLOSING AND FORM OF DEED. Closing means the settlement of the obligations of the seller and purchaser to each other
under this contract and the delivery to the purchaser of a warranty deed (or where appropriate, a Trustees or Executor’s deed) with
covenant against grantor's acts and covenant by the seller as required by Section 13 of the Lien Law, in proper statutory form for
recording so as to transfer full ownership and marketable title to the premises, free of all encumbrances except as herein stated.
Purchaser shall only have possession of said premises upon payment of the purchase price and delivery of the deed.
9.
APPORTIONMENTS.
The following are to be apportioned as of midnight, of the day before the day of closing: (a) Taxes,
water charges and sewer rents, if any, on the basis of the fiscal period for which assessed; (b) Fuel, if applicable, to be adjusted at the
market price for fuel as of the date of closing; c) rents.
If closing shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for
the preceding period applied to the latest assessed valuation. Any errors or omissions in computing the apportionments at closing
shall be corrected. This provision shall survive closing.
10.
ALLOWANCE FOR UNPAID TAXES, ETC. Seller has the option to credit the purchaser as an adjustment of the purchase
price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties
thereon to date of closing.
11.
USE OF PURCHASE PRICE TO PAY ENCUMBRANCES. If there is anything affecting the sale which the seller is obligated
to pay and discharge at closing, the seller may use any portion of the balance of the purchase price to discharge it.
12.
DOWN PAYMENT IN ESCROW. The Contract Down Payment referred to on page one of this contract shall be held in
Seller’s Broker’s escrow account until closing of title. Said account is maintained at Keybank, NA. If litigation is commenced by any
party regarding any money held in escrow, Broker agrees not to disburse any escrow which is subject to dispute until provided for in a
court order, judgment or stipulation between the parties.
13.
WILLFUL DEFAULT.
If seller shall have performed or tendered performance of their obligations under this Agreement
and Purchasers shall have willfully defaulted hereunder, then, Seller, at his option, may; (a) retain the down payment as liquidated
and agreed upon damages, or; (b) pursue other legal remedies. This option of liquidated and agreed upon damages is not a penalty,
the purchasers understanding that the Seller has bound himself to the sale of the premises to the purchasers and has removed the
premises from sale at a time when other parties would have been interested in acquiring the premises. Seller, therefore, will have
sustained substantial damages which are not capable of determination with precision if the Purchaser willfully defaults.
14.
DEED TRANSFER AND RECORDING TAXES. At closing, the seller shall pay required deed transfer taxes. The purchaser
shall pay any fees required to record the equalization and assessment form.
15.
SELLER'S INABILITY TO CONVEY AND THE LIMITATION OF LIABILITY. If the seller is unable to transfer title to the
purchaser in accordance with this contract, the seller's sole liability shall be to refund to the purchasers all money paid on account of
this contract, including the buyer’s premium paid at auction, plus all charges made for examining title up to a maximum of $150.00.
Upon such refund and payment, this contract shall be considered canceled, and neither seller nor purchaser shall have any further
rights against the other.
16.
ENTIRE AGREEMENT. All prior understandings and agreements between the seller and the purchaser are merged in this
contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any
statements made by anyone else that are not set forth in this contract.
17.
CHANGES MUST BE IN WRITING. This contract may not be changed except in writing. The contract shall also apply to and
bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties.
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SIGNED THEIR NAMES AS OF THE DAY AND YEAR
STATED BELOW.
_____________________________________
Seller
______________
Date
________________________________
Purchaser
______________
Date
_____________________________________
Seller
______________
Date
________________________________
Purchaser
______________
Date
Page 2 of 2
Towne Centre Professional Building 274 Delaware Avenue, Suite 2D Delmar, New York 12054-1436 USA
Phone: (518) 478-9175 ~ Fax: (518) 478-9177 ~ International: 877-846-8444
© Copyright 2007 NYIREC. All rights reserved.