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NEW LISTING - AGENT CHECKLIST - TIPS & SUGGESTIONS -
Updated: August 2019 1) Visit property, take notes, fill out MLS
property data form, take photos 2) Make Your Listing Presentation
and List the Property:
(A) Explain listing agreement, including the 6 month “Broker
Protection Clause”. HAVE THE OWNER SIGN THE “EXCLUSIVE RIGHT TO
SELL AGREEMENT” (and leave owner 1 copy of the fully-executed
listing contract).
(B) HAVE THE OWNER COMPLETE AND SIGN THE “RESIDENTIAL PROPERTY
DISCLOSURE” FORM. (C) PROVIDE THE OWNER WITH A COPY OF THE
“CONSUMER GUIDE TO AGENCY RELATIONSHIPS” and have
Owner sign the “Receipt” acknowledging you gave them the Guide.
You retain the signed Receipt. (D) DISCUSS “AGENCY” AND PROVIDE
EXAMPLES OF VARIOUS AGENCY SCENARIOS THAT MAY OCCUR. (E) PRESENT
AND EXPLAIN THE “EPA/HUD” FACT SHEET TO OWNER. (F) HAVE THE OWNER
COMPLETE AND SIGN EITHER THE “DISCLOSURE OF INFORMATION ON LEAD
BASE PAINT”
FORM OR THE “EXEMPTED LEAD BASE PAINT” FORM. (G) HAVE THE OWNER
COMPLETE AND SIGN THE “LOAN PAYOFF AUTHORIZATION FORM” (if they
have a mortgage on
the property). This form will be required by the title company
at time of closing to obtain loan payoff amounts. (H) Discuss
out-of-town referral possibilities (if applicable). (I) Explain the
showing process and how they can help by making sure the house is
de-cluttred, neat, and clean
with all lights on, etc. Advise the owner to leave for the
showings if possible. (J) Discuss the value of using a lockbox on
the property. (K) Discuss necessary repairs/improvements and/or
staging the home so the property shows to its fullest
potential. (L) Explain the marketing process. Obtain permission
for “Open Houses” (if appropriate). Explain how we
“market” through the MLS, Realtor.com, Zillow, and the Loss
Realty Group website and Facebook. (M) Present home warranty
program(s) for acceptance or waiver. Go over the home warranty
worksheet with
seller and have them sign (either accepting or waiving the
coverage). If accepting, explain the home is covered from the
listing date and transfers to buyer at closing (with this seller
expense paid at closing).
(N) Ask if there are any additional encumbrances on the property
(second mortgage, equity line of credit, unpaid bills for work done
in the last 60 days, etc.).
(O) Ask if flood insurance has been required in the past. (P)
Discuss the 30-day price review and potential adjustment(s) in the
asking price in response to showing
feedback. (Q) Explain the Offer process, including their options
of accepting, countering, or rejecting an Offer. (R) Explain the
“subject to inspection” provision in the Offer. (S) Explain the
guidelines for the “earnest money deposit”. (T) Fill out the
“Seller’s Net Sheet” for Owner.
3) Turn In The Listing at the Office:
(A) Complete the “Sign Installation” form requesting
installation of the sign (Tuesdays and Fridays). If you do install
your own sign, let marketing director know so it can be noted in
the file when you turn in the paperwork.
(B) Complete the MLS profile sheet and check for accuracy. If a
“required field” is left blank, it could result in your listing not
being entered into the MLS system until that information is
required. Please make certain schools, tax information,
subdivision, and appliances that will stay are all correct. Please
see the MLS Coordinator or other staff member if you have any
questions regarding the MLS profile sheet.
(C) Turn in the “Listing File” to the MLS Coordinator when
completed and it will be entered in to the MLS system. You will
receive a “proof” of the completed sheet for your approval. Any
disclosures, addendums, etc. would be uploaded at the same time, so
please include them with your MLS profile sheet. Copies of your
listing will be placed at the front desk in the decks. The “Listing
File” will become the “Sale File” once an offer is received on the
property. The files for all listings are housed in the Bookkeeper’s
Office. Retain copies of everything you turn in to the office for
your own file.
4) Plan Your Marketing Strategy - Our Front Desk / Marketing
Coordinator is here to create a marketing piece on
your listing(s). Just advise what you want done and a marketing
piece will be prepared for your listing.
If you have any questions, please don’t hesitate to see Jim Loss
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COMPLETE LISTING FILES Summary- Updated January, 2020
To process your listings in the MLS, your Ohio files must
include the following: The “Coming Soon” Addendum Form (if a
“coming soon” listing) The fully-executed receipt of the Consumer
Guide to Agency Form The Agency Disclosure Form is optional. Seller
will need to sign this at the time of
Offer, but we include it in the file to familiarize them with
the form. The fully-executed Exclusive Right to Sell Agreement (the
listing contract).
**Short Sale Addendum if it is a Short Sale Listing - Forms are
in Listing Cabinet in the front area of the office. This needs to
be added if you are going out on a Short Sale Listing Appointment.
They are not automatically included in this Listing File. **
The completed and fully-executed Residential Property Disclosure
Form or
Residential Property Disclosure Exemption Form Either the signed
Disclosure of Information Lead Base Paint Form or the signed
Exempted Lead Base Paint Form The “Seller Consent For
Unsupervised Access” Form The Anti-Fraud Form (internal company
form). The Loan Payoff Authorization Form (if applicable) completed
and executed by
Seller. If they do not want to fill it out while you are there,
leave the form with them and advise them that the title company
will need it completed when we have an accepted offer on their
property.
The original accepted (and executed) Home Warranty Plan (Plus
Worksheet) or the
executed waived Home Warranty Plan. *Please note we need
original of this at the time the listing information is given to
MLS Coordinator to process with home warranty company at time of
closing. We now offer two (2) Home Warranties (Cinch-HMS and
America’s Preferred).
The completed Sign Installation *If installing the sign
yourself, please advise MLS Coordinator of
same. The fully-completed MLS Profile Sheet. *If a “required
field” is left blank, it could result in
your listing not being entered until said information is
provided to MLS Coordinator.
There may be other forms in each file that are at your
discretion to use as needed at the time of listing.
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West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
CONSUMER GUIDE TO AGENCY RELATIONSHIPS Loss Realty Group
We are pleased you have selected Loss Realty Group to help you
with your real estate needs. Whether you are selling, buying or
leasing real estate, Loss Realty Group can provide you with
expertise and assistance. Because this may be the largest financial
transaction you will enter into, it is important to understand the
role of the agents and brokers with whom you are working. Below is
some information that explains the various services agents can
offer and their options for working with you.
For more information on agency law in Ohio you can also contact
the Ohio Division of Real Estate & Professional Licensing at
(614) 466-4100, or on their website www.com.state.oh.us.
Representing Sellers Most sellers of real estate choose to list
their home for sale with a real estate brokerage. When they do so,
they sign a listing agreement that authorizes the brokerage and the
listing agent to represent their interests. As the seller’s agent,
the brokerage and listing agent must: follow the seller’s lawful
instructions, be loyal to the seller, promote the seller’s best
interests, disclose material facts to the seller, maintain
confidential information, act with reasonable skill and care and,
account for any money they handle in the transaction. In rare
circumstances, a listing broker may offer “subagency” to other
brokerages which would also represent the seller’s interests and
owe the seller these same duties.
Representing Buyers When purchasing real estate, buyers usually
choose to work with a real estate agent as well. Often the buyers
want to be represented in the transaction. This is referred to as
buyer’s agency. A brokerage and agent that agree to represent a
buyer’s interest in a transaction must: follow the buyer’s lawful
instructions, be loyal to the buyer, promote the buyer’s best
interests, disclose material facts to the buyer, maintain
confidential information and account for any money they handle in
the transaction.
Dual Agency Occasionally the same agent and brokerage who
represents the seller also represents the buyer. This is referred
to as dual agency. When a brokerage and its agents become “dual
agents,” they must maintain a neutral position in the transaction.
They may not advocate the position of one client over the best
interests of the other client, or disclose any confidential
information to the other party without written consent.
Representing Both the Buyer & Seller On occasion, the buyer
and seller will each be represented by two different agents from
the same brokerage. In this case the agents may each represent the
best interest of their respective clients. Or, depending on company
policy, the agents may both act as dual agents and remain neutral
in the transaction. When either of the above occurs, the brokerage
will be considered a dual agent. As a dual agent the brokerage and
its managers will maintain a neutral position and cannot advocate
for the position of one client over another. The brokerage will
also protect the confidential information of both parties.
Working With Loss Realty Group Loss Realty Group does offer
representation to both buyers and sellers. Therefore the potential
exists for one agent to represent a buyer who wishes to purchase
property listed with another agent in our company. If this occurs
each agent will represent their own client, but Loss Realty Group
and its managers will act as a dual agent.
Continued on Reverse Side
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This means the brokerage and its managers will maintain a
neutral position and not take any actions that will favor one side
over the other. Loss Realty Group will still supervise both agents
to assure that their respective clients are being fully represented
and will protect the parties’ confidential information.
In the event that both the buyer and seller are represented by
the same agent, that agent and Loss Realty Group will act as dual
agents but only if both parties agree. As dual agents they will
treat both parties honestly, prepare and present offers at the
direction of the parties, and help the parties fulfill the terms of
any contract. They will not, however, disclose any confidential
information that would place one party at an advantage over the
other or advocate or negotiate to the detriment of either
party.
If dual agency occurs you will be asked to consent to it in
writing. If you do not agree to your agent acting as a dual agent,
you can ask that another agent in our company be assigned to
represent you or you can seek representation from another
brokerage.
As a buyer, you may also choose to represent yourself on
properties Loss Realty Group has listed. In that instance Loss
Realty Group will represent the seller and you would represent your
own best interests. Because the listing agent has a duty of full
disclosure to the seller you should not share any information with
the listing agent that you would not want the seller to know.
Working With Other Brokerages When Loss Realty Group lists
property for sale it also cooperates with, and offers compensation
to, other brokerages that represent buyers. Loss Realty Group does
reserve the right, in some instances, to vary the compensation it
offers to other brokerages. As a seller, you should understand that
just because Loss Realty Group shares a fee with a brokerage
representing the buyer, it does not mean that you will be
represented by that brokerage. Instead that company will be looking
out for the buyer and Loss Realty Group will be representing your
interests. When acting as a buyer’s agent, Loss Realty Group also
accepts compensation offered by the listing broker. If the property
is not listed with any broker, or the listing broker does not offer
compensation, we will attempt to negotiate for a seller-paid
fee.
Fair Housing Statement It is illegal, pursuant to the Ohio Fair
Housing Law, division (H) of Section 4112.02 of the Revised Code
and the Federal Fair Housing Law, 42 U.S.C.A. 3601, to refuse to
sell, transfer, assign, rent, lease, sublease or finance housing
accommodations, refuse to negotiate for the sale or rental of
housing accommodations, or otherwise deny or make unavailable
housing accommodations because of race, color, religion, sex,
familial status as defined in Section 4112.01 of the Revised Code,
ancestry, military status as defined in that section, disability as
defined in that section, or national origin or to so discriminate
in advertising the sale or rental of housing, in the financing of
housing, or in the provision of real estate brokerage services. It
is also illegal, for profit, to induce or attempt to induce a
person to sell or rent a dwelling by representations regarding the
entry into the neighborhood of a person or persons belonging to one
of the protected classes.
We hope you find this information to be helpful to you as you
begin your real estate transaction. When you are ready to enter
into a transaction, you will be given an Agency Disclosure
Statement that specifically identifies the role of the agents and
brokerages. Please ask questions if there is anything you do not
understand.
Because it is important that you have this information, Ohio law
requires that we ask you to sign our Receipt of Agency Policy form,
acknowledging receipt of this Consumer Guide. Your signature will
not obligate you to work with Loss Realty Group if you do not
choose to do so.
_____________________________________________
______________________________________________ Purchaser Date
Seller Date
_____________________________________________
______________________________________________ Purchaser Date
Seller Date
PROPERTY ADDRESS:
_______________________________________________________________________________________
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EXCLUSIVE RIGHT TO SELL LISTING AGREEMENTLOSS REALTY GROUP
_____________________________________________________________ In
consideration of the agreement of LOSS REALTY GROUP and the Agent
named below to use their best efforts to find a purchaser, the
undersigned (SELLERS) hereby grant LOSS REALTY GROUP the exclusive
right, for a term of six (6) months beginning on
______________________ 20_____ and expiring at 11:59 p.m.on
__________________, 20_____ to sell the property known as:
_______________________________________________________________________________________
_______________________________________________________________________________________
TD and Parcel Number:_____________________ , for the sum of $ ,
orany other price, terms, or exchange to which the Sellers may
agree in writing.
If an offer is obtained on the above terms, or an offer is
obtained on terms to which Seller consents in writing, or if the
Property is sold by you, or me alone, or by any other person or
broker before the expiration of this Agreement, or within six (6)
months after such expiration, it is sold, traded, rented and
subsequently sold, or otherwise disposed of directly or indirectly,
by you or by any other person or broker to or for the benefit of
any person with whom you or I or any other broker had negotiations;
or with which you or I or any other broker introduced to the
property; or if within the listing period it is rented to any such
person and subsequently sold to such person, Seller promises to pay
Broker a brokerage fee equal to 7% of the sale price of the
residential properties and 10% of the sale price of commercial
properties, business opportunities, land, and vacant lots. Seller
understands that all funds are to be U.S. Currency and that Seller
will be charged a minimum fee of $2,800.00. The Seller consents and
agrees to Broker receiving certain fees over and above the real
estate fee for services that may be provided by Broker to the
Seller and/or Purchaser.
This Agreement is subject to the following terms and
conditions:
1. In the event of such sale, Seller will execute and deliver to
the Purchaser a Warranty Deed for the Property with fullcovenants
of warranty and release of dower, if applicable.
2. Seller represents the title to the Property to be good and
merchantable and to be in the name of the undersigned Seller,and
Seller will furnish evidence of marketable title made by a
responsible title company along with proof of payment ofwater/sewer
services for said Property.
3. Seller will pay any delinquent taxes and assessments,
association fees, condominium charges, interest on mortgagesassumed
by Purchaser and any agricultural use tax recoupment for years
prior to the year of closing. Seller agrees thatthe next tax and
assessment payment due will be prorated between the Purchaser and
me according to the custom ofthe local area where the property is
located. Seller agrees, if applicable, any rents, condominium
charges, interest onmortgages assumed and agricultural use tax
recoupment for the year of closing will be prorated between the
Purchaserand me to the date of closing. Seller understands that in
prorating taxes and assessments, the latest available taxes
andassessment will be used.
4. Broker is authorized to place a “FOR SALE” sign on the
Property. Seller agrees to make the Property available forshowings
by Broker at any reasonable time. Seller agrees that once an
accepted purchase offer has been obtained,Broker may, with Seller’s
acknowledgement, cease his efforts to market the property although
any additional offersreceived shall be delivered to Seller. Broker
is further authorized to photograph the Property and publish
suchphotographs and retain a key at the office and/or in the
lockbox at the Property for showings, inspections, and the
like.Seller authorizes Broker to give access to such persons as
Broker deems necessary or desirable to complete the sale ofthe
Property. Seller agrees the Broker shall not be responsible for any
claim arising out of any loss or damage on theProperty (except
damage for which Broker or his agent is the sole proximate cause)
and Seller agrees to, and herebydoes, indemnify Broker against such
claims.
Page 1 of 3
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5. Possession will be given Purchaser _________________ days
from the date of closing. Property will be conveyed to
Purchaser in the same condition as when contracted for, normal
wear and tear and casualty excepted. Seller is aware that Seller is
responsible for the maintenance and care of the Property and the
Broker assumes no responsibility for same.
6. SELLER HEREBY ACKNOWLEDGE THE EXISTENCE OF VARIOUS FEDERAL,
STATE, AND LOCAL “FAIR HOUSING” LAWS AND
AGREES TO OBSERVE THEIR VARIOUS PROVISIONS.
7. Seller represents that the use of the Property herein listed
is in conformity with applicable zoning laws and restrictions of
record and that there are no pending orders of The Board of Health
against the Property.
8. Seller further represents that all information set forth in
this Agreement is true and accurate, and that any hidden
defects in the Property that are known to the Seller are shown
herein. Seller further agrees to indemnify Broker in the event that
Broker and/or Broker’s Agents are damaged by Seller’s failure to
disclose any defects. To the best of Seller’s knowledge and belief,
Seller represents to Broker and prospective Purchasers that there
are no hazardous materials or substances on the Property nor is the
Property infested with termites or other pests, except as
follows:
_________________________________________________________________________________________________
(if none, write in “NONE”)
9. Seller agrees, as required by the State of Ohio and the State
of Michigan, to fully and accurately complete a Residential
Property Disclosure form containing at least the information
required by The Ohio Division of Real Estate and the State of
Michigan, if applicable. Seller authorizes Broker to deliver a copy
of this form to prospective Purchasers.
10. Seller authorizes Broker to seek information as to liens,
loan balances, and escrow balances from any financial
institution, individual, or any other party that may have a lien
on the Property. 11. Seller authorizes Broker to file, disseminate,
and distribute Property Information to agents duly licensed in the
State of
Ohio. Broker is authorized to engage and use duly licensed
agents and will share its brokerage fees with said agents. Seller
understands that Broker’s Agents are Independent Contractors.
12. Seller will refer all inquiries received by Seller during
the term of this Agreement to the Broker.
13. Seller represents to Broker that Seller is not a foreign
person subject to the withholding provisions of Section 1445 of
the
Internal Revenue Code.
14. In the event one or more persons holding a legal or
equitable interest in the Property has not signed as Seller below,
Seller agrees (at Seller’s expense) to do any of the following
which are necessary to transfer marketable title to the Property
pursuant to this Agreement: (a) obtain any necessary signatures or
consents to any purchase contract, this Agreement, and any other
document; and/or (b) take any other necessary action.
15. Seller acknowledges and consents to the fact that Broker
shall not release any earnest money unless and until Broker has
received a written agreement signed by the Seller and Purchaser
for the return or delivery of such funds, or a Court Order or
Judgment directing said deposit be disbursed. In the event that
such a written agreement is not received, Broker may place such
funds with a local judicial authority to determine the appropriate
disposition of such monies or take such other action as may be
allowed by law or regulatory agency.
Additional Terms:
____________________________________________________________________________________
____________________________________________________________________________________________________
Page 2 of 3
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I represent that this Agreement sets forth all of the terms
agreed upon by LOSS REALTY GROUP by and through the Listing Agent
and myself (as Seller).
FAIR HOUSING STATEMENT It is illegal, pursuant to Ohio Fair
Housing Law, Division (H) of Section 4112.02 of The Revised Code
and The Federal Fair Housing Law, 42 U.S.C.A. 3601, to refuse to
sell, transfer, assign, rent, lease, sublease, or finance housing
accommodations, refuse to negotiate for the sale or rental of
housing accommodations, or otherwise deny or make unavailable
housing accommodations because of race, color, religion, sex,
familial status, and/or military status as defined in Section
4112.01 of The Revised Code; ancestry, disability as defined in
that section, or national origin; or to so discriminate in
advertising the sale or rental of housing, in the financing of
housing, or in the provision of real estate brokerage services. It
is also illegal, for profit, to induce or attempt to induce a
person to sell or rent a dwelling by representations regarding the
entry into the neighborhood of a person or persons belonging to one
of the protected classes. It is also illegal under Michigan Fair
Housing Law to discriminate against any of the Ohio protected
classes. Additional protected classes in Michigan are age and
marital status.
________________________________________________________________________________________________________
Seller (Signature) Date Seller’s Printed Name
________________________________________________________________________________________________________
Seller (Signature) Date Seller’s Printed Name Current Address City
State Zip Code ____________________________________________
_________________________________________________________ Phone
Email
LOSS REALTY GROUP
Listing Agent’s Signature Date Agent’s Printed Name Phone Number
West Office South Office Michigan Office 6060 Renaissance
Place-Suite A 6546 Weatherfield Court 4348 S. 5th Street Toledo,
Ohio 43623 Maumee, Ohio 43537 Luna Pier, Michigan 48157
419.537.0090 419-794-0090 734.847.2200
Page 3 of 3
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RESIDENTIAL PROPERTY DISCLOSURE FORM
Purpose of Disclosure Form: This is a statement of certain
conditions and information concerning the property actually known
by the owner. An owner may or may not have lived at the property
and unless the potential purchaser is informed in writing, the
owner has no more information about the property than could be
obtained by a careful inspection of the property by a potential
purchaser. Unless the potential purchaser is otherwise informed,
the owner has not conducted any inspection of generally
inaccessible areas of the property. This form is required by Ohio
Revised Code Section 5302.30.
THIS FORM IS NOT A WARRANTY OF ANY KIND BY THE OWNER OR BY ANY
AGENT OR SUBAGENT REPRESENTING THE OWNER. THIS FORM IS NOT A
SUBSTITUTE FOR ANY INSPECTIONS. POTENTIAL PURCHASERS ARE ENCOURAGED
TO OBTAIN THEIR OWN PROFESSIONAL INSPECTION(S).
Owner’s Statement: The statements contained in this form are
made by the owner and are not the statements of the owner’s agent
or subagent. The statements contained in this form are provided by
the owner only to potential purchasers in a transfer made by the
owner. The statements are not for purchasers in any subsequent
transfers. The information contained in this disclosure form does
not limit the obligation of the owner to disclose an item of
information that is required by any other statute or law to be
disclosed in the transfer of residential real estate.
OWNER INSTRUCTIONS
Instructions to Owner: (1) Answer ALL questions. (2) Report
known conditions affecting the property. (3) Attach additional
pages with your signature if additional space is needed. (4)
Complete this form yourself. (5) If some items do not apply to your
property, write NA (not applicable). If the item to be disclosed is
not within your actual knowledge, indicate Unknown.
Owner’s Initials Owner’s Initials
Date Date
(Page 1 of 5)
Purchaser’s Initials Purchaser’s Initials
Date Date
STATE OF OHIO 2013
DEPARTMENT OF COMMERCE
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Is the quantity of water sufficient for your household use?
(NOTE: water usage will vary from household to household) Yes
No
2013 STATE OF OHIO DEPARTMENT
OF COMMERCE
RESIDENTIAL PROPERTY DISCLOSURE FORM
Pursuant to section 5302.30 of the Revised Code and rule
1301:5-6-10 of the Administrative Code.
TO BE COMPLETED BY OWNER (Please Print) Property Address:
Owners Name(s):
Date: , 20 Owner is is not occupying the property. If owner is
occupying the property, since what date:
If owner is not occupying the property, since what date:
THE FOLLOWING STATEMENTS OF THE OWNER ARE BASED ON OWNER’S
ACTUAL KNOWLEDGE
A) WATER S
Do you know of any current leaks, backups or other material
problems with the water supply system or quality of the water? Yes
No If “Yes”, please describe and indicate any repairs completed
(but not longer than the past 5 years):
B) SEWER SYSTEM: The nature of the sanitary sewer system
servicing the property is (check appropriate boxes):
If not a public or private sewer, date of last inspection:
Inspected By:
Do you know of any previous or current leaks, backups or other
material problems with the sewer system servicing the property? Yes
No If “Yes”, please describe and indicate any repairs completed
(but not longer than the past 5 years):_
Information on the operation and maintenance of the type of
sewage system serving the property is available from the department
of health or the board of health of the health district in which
the property is located.
C) ROOF: Do you know of any previous or current leaks or other
material problems with the roof or rain gutters? Yes No If “Yes”,
please describe and indicate any repairs completed (but not longer
than the past 5 years):
D) WATER INTRUSION: Do you know of any previous or current water
leakage, water accumulation, excess moisture or other defects to
the property, including but not limited to any area below grade,
basement or crawl space? Yes No If “Yes”, please describe and
indicate any repairs completed:
Owner’s Initials Date Purchaser’s Initials Date Owner’s Initials
Date
(Page 2 of 5) Purchaser’s Initials Date
UPPLY: The source of water s Public Water Service
upply to the property is (check appropr Holding Tank
iat boxes): Unknown
Private Water Service Cistern Other Private Well Spring Shared
Well Pond
Public Sewer Private Sewer Septic Tank Leach Field Aeration Tank
Filtration Bed Unknown Other
-
g
Property Address_
Do you know of any water or moisture related damage to floors,
walls or ceilings as a result of flooding; moisture seepage;
moisture condensation; ice damming; sewer overflow/backup; or
leaking pipes, plumbing fixtures, or appliances? Yes No If “Yes”,
please describe and indicate any repairs completed:
Have you ever had the property inspected for mold by a qualified
inspector? Yes No If “Yes”, please describe and indicate whether
you have an inspection report and any remediation undertaken:
Purchaser is advised that every home contains mold. Some people
are more sensitive to mold than others. If concerned about this
issue, purchaser is encouraged to have a mold inspection done by a
qualified inspector.
E) STRUCTURAL COMPONENTS (FOUNDATION, BASEMENT/CRAWL SPACE,
FLOORS, INTERIOR AND EXTERIOR WALLS): Do you know of any previous
or current movement, shifting, deterioration, material
cracks/settling (other than visible minor cracks or blemishes) or
other material problems with the foundation, basement/crawl space,
floors, or interior/exterior walls?
Yes No If “Yes”, please describe and indicate any repairs,
alterations or modifications to control the cause or effect of any
problem identified (but not longer than the past 5 years):
Do you know of any previous or current fire or smoke damage to
the property? Yes No If “Yes”, please describe and indicate any
repairs completed:
F) WOOD DESTROYING INSECTS/TERMITES: Do you know of any
previous/current presence of any wood destroyin insects/termites in
or on the property or any existing damage to the property caused by
wood destroying insects/termites? Yes No If “Yes”, please describe
and indicate any inspection or treatment (but not longer than the
past 5 years):
G) MECHANICAL SYSTEMS: Do you know of any previous or current
problems or defects with the following existing mechanical systems?
If your property does not have the mechanical system, mark N/A (Not
Applicable).
YES NO N/A YES NO N/A 1) Electrical 8) Water softener 2)
Plumbing (pipes) a. Is water softener leased? 3) Central heating 9)
Security System 4) Central Air conditioning a. Is security system
leased? 5) Sump pump 10) Central vacuum 6) Fireplace/chimney 11)
Built in appliances 7) Lawn sprinkler 12) Other mechanical systems
If the answer to any of the above questions is “Yes”, please
describe and indicate any repairs to the mechanical system (but not
longer than the past 5 years):
H) PRESENCE OF HAZARDOUS MATERIALS: Do you know of the previous
or current presence of any of the below identified hazardous
materials on the property?
Yes No Unknown 1) Lead-Based Paint 2) Asbestos 3)
Urea-Formaldehyde Foam Insulation 4) Radon Gas
a. If “Yes”, indicate level of gas if known 5) Other toxic or
hazardous substances If the answer to any of the above questions is
“Yes”, please describe and indicate any repairs, remediation or
mitigation to the property:
Owner’s Initials Date Purchaser’s Initials Date Owner’s Initials
Date
(Page 3 of 5) Purchaser’s Initials Date
-
Property Address_
I) UNDERGROUND STORAGE TANKS/WELLS: Do you know of any
underground storage tanks (existing or removed), oil ornatural gas
wells (plugged or unplugged), or abandoned water wells on the
property? Yes NoIf “Yes”, please describe:
Do you know of any oil, gas, or other mineral right leases on
the property? Yes No
Purchaser should exercise whatever due diligence purchaser deems
necessary with respect to oil, gas, and other mineral rights.
Information may be obtained from records contained within the
recorder’s office in the county where the property is located.
J) FLOOD PLAIN/LAKE ERIE COASTAL EROSION AREA: Yes No Unknown Is
the property located in a designated flood plain?Is the property or
any portion of the property included in a Lake Erie Coastal Erosion
Area?
K) DRAINAGE/EROSION: Do you know of any previous or current
flooding, drainage, settling or grading or erosion
problemsaffecting the property? Yes NoIf “Yes”, please describe and
indicate any repairs, modifications or alterations to the property
or other attempts to control anyproblems (but not longer than the
past 5 years):_
L) ZONING/CODE VIOLATIONS/ASSESSMENTS/HOMEOWNERS’ ASSOCIATION:
Do you know of any violations ofbuilding or housing codes, zoning
ordinances affecting the property or any nonconforming uses of the
property? Yes NoIf “Yes”, please describe:
Is the structure on the property designated by any governmental
authority as a historic building or as being located in an historic
district? (NOTE: such designation may limit changes or improvements
that may be made to the property). Yes No If “Yes”, please
describe:
Do you know of any recent or proposed assessments, fees or
abatements, which could affect the property? Yes No If “Yes”,
please describe:
_
List any assessments paid in full (date/amount) List any current
assessments: monthly fee Length of payment (years months )
Do you know of any recent or proposed rules or regulations of,
or the payment of any fees or charges associated with this
property, including but not limited to a Community Association,
SID, CID, LID, etc. Yes No If “Yes”, please describe (amount)
M) BOUNDARY LINES/ENCROACHMENTS/SHARED DRIVEWAY/PARTY WALLS: Do
you know of any of thefollowing conditions affecting the property?
Yes No Yes No
1) Boundary Agreement 4) Shared Driveway2) Boundary Dispute 5)
Party Walls3) Recent Boundary Change 6) Encroachments From or on
Adjacent PropertyIf the answer to any of the above questions is
“Yes”, please describe:
N) OTHER KNOWN MATERIAL DEFECTS: The following are other known
material defects in or on the property:
For purposes of this section, material defects would include any
non-observable physical condition existing on the property that
could be dangerous to anyone occupying the property or any
non-observable physical condition that could inhibit a person’s use
of the property.
Owner’s Initials Owner’s Initials
Date Date
(Page 4 of 5)
Purchaser’s Initials Date Purchaser’s Initials Date
-
Property Address
CERTIFICATION OF OWNER
Owner certifies that the statements contained in this form are
made in good faith and based on his/her actual knowledge as of the
date signed by the Owner. Owner is advised that the information
contained in this disclosure form does not limit the obligation of
the owner to disclose an item of information that is required by
any other statute or law or that may exist to preclude fraud,
either by misrepresentation, concealment or nondisclosure in a
transaction involving the transfer of residential real estate.
OWNER: DATE:
OWNER: DATE:
RECEIPT AND ACKNOWLEDGEMENT OF POTENTIAL PURCHASERS Potential
purchasers are advised that the owner has no obligation to update
this form but may do so according to Revised Code Section
5302.30(G). Pursuant to Ohio Revised Code Section 5302.30(K), if
this form is not provided to you prior to the time you enter into a
purchase contract for the property, you may rescind the purchase
contract by delivering a signed and dated document of rescission to
Owner or Owner’s agent, provided the document of rescission is
delivered prior to all three of the following dates: 1) the date of
closing; 2) 30 days after the Owner accepted your offer; and 3)
within 3 business days following your receipt or your agent’s
receipt of this form or an amendment of this form.
Owner makes no representations with respect to any offsite
conditions. Purchaser should exercise whatever due diligence
purchaser deems necessary with respect to offsite issues that may
affect purchaser’s decision to purchase the property.
Purchaser should exercise whatever due diligence purchaser deems
necessary with respect to Ohio’s Sex Offender Registration and
Notification Law (commonly referred to as “Megan’s Law”). This law
requires the local Sheriff to provide written notice to neighbors
if a sex offender resides or intends to reside in the area. The
notice provided by the Sheriff i s a public record and is open to
inspection under Ohio’s Public Records Law. If concerned about this
issue, purchaser assumes responsibility to obtain information from
the Sheriff’s office regarding the notices they have provided
pursuant to Megan’s Law.
Purchaser should exercise whatever due diligence purchaser deems
necessary with respect to abandoned underground mines. If concerned
about this issue, purchaser assumes responsibility to obtain
information from the Ohio Department of Natural Resources. The
Department maintains an online map of known abandoned underground
mines on their website at www.dnr.state.oh.us.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE FORM AND
UNDERSTAND THAT THE STATEMENTS ARE MADE BASED ON THE OWNERS ACTUAL
KNOWLEDGE AS OF THE DATE SIGNED BY THE OWNER.
My/Our Signature below does not constitute approval of any
disclosed condition as represented herein by the owner.
PURCHASER: DATE:
PURCHASER: DATE:
(Page 5 of 5)
http://www.dnr.state.oh.us/
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This is not a state mandated form. This form has been developed
by the Ohio REALTORS® for use by REALTORS® assisting owners in the
sale of
residential property. The exemptions noted above are not a
complete list of the transfers exempt from the Residential Property
Disclosure Form requirement.
All exempted transfers are listed in ORC § 5302.30(B)(2). The
Ohio REALTORS® is not responsible for the use or misuse of this
form.
Copyright © 2012 Ohio REALTORS®
Ohio REALTORS®
Residential Property Disclosure Exemption Form
To Be Completed By Owner
Property Address:
Owner’s Name(s):
Ohio law requires owners of residential real estate (1-4 family)
to complete and provide
to the buyer a Residential Property Disclosure Form disclosing
certain conditions and
information concerning the property known by the owner. The
Residential Property
Disclosure Form requirement applies to most, but not all,
transfers or sales of
residential property.
Listed below are the most common transfers that are exempt from
the Residential Property Disclosure Form requirement.
The owner states that the exemption marked below is a true and
accurate statement regarding the proposed transfer:
(1) A transfer pursuant to a court order, such as probate or
bankruptcy court;
(2) A transfer by a lender who has acquired the property by deed
in lieu of foreclosure;
(3) A transfer by an executor, a guardian, a conservator, or a
trustee;
(4) A transfer of new construction that has never been lived
in;
(5) A transfer to a buyer who has lived in the property for at
least one year immediately prior to the sale;
(6) A transfer from an owner who both has inherited the property
and has not lived in the property within one year immediately prior
to the sale;
(7) A transfer where either the owner or buyer is a government
entity.
ALTHOUGH A TRANSACTION MAY BE EXEMPT FOR THE REASON STATED
ABOVE, THE OWNER MAY STILL HAVE A LEGAL
DUTY TO DISCLOSE ANY KNOWN LATENT DEFECTS OR MATERIAL FACTS TO
THE BUYER.
OWNER’S CERTIFICATION
By signing below, I state that the proposed transfer is exempt
from the Residential Property Disclosure Form
requirement. I further state that no real estate licensee has
advised me regarding the completion of this form. I
understand that an attorney should be consulted with any
questions regarding the Residential Property Disclosure Form
requirement or my duty to disclose defects or other material
facts.
Owner: Date:
Owner: Date:
BUYER’S ACKNOWLEDGEMENT
Potential buyers are encouraged to carefully inspect the
property and to have the property professionally inspected.
Buyer acknowledges that the buyer has read and received a copy
of this form.
Buyer: Date:
Buyer: Date:
-
West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
C:\USERS\EMILY\DOCUMENTS\FORMS\LEADBASEPAINTEXCLUSION.ADD.2017.DOCX
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARD ADDENDUM TO THE
EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT
Use this form ONLY if the Disclosure of Information and
Acknowledgment Lead-Based Paint and/or Lead-Based Paint Hazards
form is NOT REQUIRED.
The undersigned parties make this Addendum part of the Exclusive
Right to Sell Agreement
dated: ______________________________________ for the property
known
as:______________________________________________________________________________________________________________________________County
of: _________________________, State of: ____________________
SELLER acknowledges that SELLER was informed by the Listing
Agent that, in 1992, Congress enacted into law the Residential
Lead-Based Paint Hazard Reduction Act (Title X of the Public Law
102-550). This law directs the U.S. Environmental Protection Agency
(EPA) and the U.S. Department of Housing and Urban Development
(HUD) to regulate disclosure of lead-based paint hazards in the
sale or lease of pre-1978 residential properties. On March 6, 1996,
the EPA and HUD issued the final Title X Regulations.
The above stated property is exempt because:
Please check one: Seller is NOT selling a pre-1978 residential
dwelling. Seller is selling a zero-bedroom dwelling(s) where the
sleeping area is not
separated from the living area. Seller is selling housing for
the elderly or disabled where children under the age
of six (6) are not expected to reside.
The SELLER(s) acknowledge receipt of this Addendum and the
accuracy of the information contained herein.
_____________________________________________________
Date:_________________________________ Seller’s Signature
_____________________________________________________
Date:_________________________________ Seller’s Signature
_____________________________________________________
Date:_________________________________ Listing Agent’s
Signature
-
HUD
United States Prevention, Pesticides,
EPA-747-F-96-002Environmental Protection and Toxic Substances March
1996 Agency (7404) (Revised 12/96)
FACT SHEET
EPA and HUD Move to Protect Children from Lead-Based
PaintPoisoning; Disclosure of Lead-Based Paint Hazards in
Housing
SUMMARYThe Environmental Protection Agency (EPA) and
theDepartment of Housing and Urban Development(HUD) are announcing
efforts to ensure that the publicreceives the information necessary
to prevent leadpoisoning in homes that may contain lead-based
painthazards. Beginning this fall, most home buyers andrenters will
receive known information on lead-basedpaint and lead-based paint
hazards during sales andrentals of housing built before 1978.
Buyers andrenters will receive specific information on
lead-basedpaint in the housing as well as a Federal pamphlet
withpractical, low-cost tips on identifying and
controllinglead-based paint hazards. Sellers, landlords, and
theiragents will be responsible for providing thisinformation to
the buyer or renter before sale or lease.
LEAD-BASED PAINT IN HOUSING Approximately three-quarters of the
nation’s housingstock built before 1978 (approximately 64
milliondwellings) contains some lead-based paint. Whenproperly
maintained and managed, this paint poseslittle risk. However, 1.7
million children have blood-lead levels above safe limits, mostly
due to exposure tolead-based paint hazards.
EFFECTS OF LEAD POISONINGLead poisoning can cause permanent
damage to thebrain and many other organs and causes
reducedintelligence and behavioral problems. Lead can alsocause
abnormal fetal development in pregnant women.
BACKGROUNDTo protect families from exposure to lead from
paint,dust, and soil, Congress passed the Residential Lead-Based
Paint Hazard Reduction Act of 1992, also
known as Title X. Section 1018 of this law directedHUD and EPA
to require the disclosure of knowninformation on lead-based paint
and lead-based painthazards before the sale or lease of most
housing builtbefore 1978.
WHAT IS REQUIREDBefore ratification of a contract for housing
sale orlease:
! Sellers and landlords must disclose known lead-based paint and
lead-based paint hazards andprovide available reports to buyers or
renters.
! Sellers and landlordsmust give buyers andrenters the
pamphlet,developed by EPA,HUD, and theConsumer ProductSafety
Commission(CPSC), titled ProtectYour Family fromLead in Your
Home.
! Home buyers will geta 10-day period toconduct a lead-based
paint inspection or riskassessment at their own expense. The rule
gives thetwo parties flexibility to negotiate key terms of
theevaluation.
! Sales contracts and leasing agreements must includecertain
notification and disclosure language.
! Sellers, lessors, and real estate agents shareresponsibility
for ensuring compliance.
-
FOR MORE INFORMATION! For a copy of Protect Your Family from
Lead in Your Home (in English or Spanish) , the sample
disclosure
forms, or the rule, call the National Lead Information
Clearinghouse (NLIC) at (800) 424–LEAD, or TDD(800) 526–5456 for
the hearing impaired. You may also send your request by fax to
(202) 659–1192 or byInternet E-mail to [email protected]. Visit the NLIC
on the Internet at http://www.nsc.org/nsc/ehc/ehc.html.
! Bulk copies of the pamphlet are available from the Government
Printing Office (GPO) at (202) 512–1800.Refer to the complete title
or GPO stock number 055–000–00507–9. The price is $26.00 for a pack
of 50copies. Alternatively, persons may reproduce the pamphlet, for
use or distribution, if the text and graphics arereproduced in
full. Camera-ready copies of the pamphlet are available from the
National Lead InformationClearinghouse.
! For specific questions about lead-based paint and lead-based
paint hazards, call the National Lead InformationClearinghouse at
(800) 424–LEAD, or TDD (800) 526–5456 for the hearing impaired.
! The EPA pamphlet and rule are available electronically and may
be accessed through the Internet.Electronic Access:Gopher:
gopher.epa.gov:70/11/Offices/PestPreventToxic/Toxic/lead_pmWWW:
http://www.epa.gov/opptintr/lead/index.html
http://www.hud.govDial up: (919) 558–0335 FTP: ftp.epa.gov (To
login, type “anonymous.” Your password is your Internet E-mail
address.)
WHAT IS NOT REQUIRED! This rule does not require any testing or
removal of
lead-based paint by sellers or landlords.
! This rule does not invalidate leasing and salescontracts.
TYPE OF HOUSING COVEREDMost private housing, public housing,
Federally ownedhousing, and housing receiving Federal assistance
areaffected by this rule.
TYPE OF HOUSING NOT COVERED! Housing built after 1977 (Congress
chose not to
cover post-1977 housing because the CPSC bannedthe use of
lead-based paint for residential use in1978).
! Zero-bedroom units, such as efficiencies, lofts,
anddormitories.
! Leases for less than 100 days, such as vacationhouses or
short-term rentals.
! Housing for the elderly (unless children live there).
! Housing for the handicapped (unless children livethere).
! Rental housing that has been inspected by a certifiedinspector
and found to be free of lead-based paint.
! Foreclosure sales.
EFFECTIVE DATES! For owners of more than 4 dwelling units,
the
effective date is September 6, 1996.
! For owners of 4 or fewer dwelling units, theeffective date is
December 6, 1996.
THOSE AFFECTEDThe rule will help inform about 9 million renters
and 3 million home buyers each year. The estimatedcost associated
with learning about the requirements,obtaining the pamphlet and
other materials, andconducting disclosure activities is about $6
pertransaction.
EFFECT ON STATES AND LOCALGOVERNMENTSThis rule should not impose
additional burdens onstates since it is a Federally administered
and enforcedrequirement. Some state laws and regulations requirethe
disclosure of lead hazards in housing. The Federalregulations will
act as a complement to existing staterequirements.
-
Disclosure of Information on Lead-Based Paint and/or Lead-Based
Paint Hazards
Lead Warning Statement Property Address
_________________________________________ 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 (a) Presence of lead-based paint and/or
lead-based paint hazards (check (i) or (ii) below):
(i) ______ Known lead-based paint and/or lead-based paint
hazards are present in the housing (explain).
_____________________________________________________________________________________
(ii) _____ 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 (i) or
(ii) below):
(i) ______ Seller has provided the purchaser with all available
records and reports pertaining to lead- based paint and/or
lead-based paint hazards in the housing (list documents below).
_______________________________________________________________________________________
(ii) _____ 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 (i) or (ii) below):
(i) ______ received a 10-day opportunity (or mutually agreed
upon period) to conduct a risk assess- ment or inspection for the
presence of lead-based paint and/or lead-based paint hazards;
or
(ii)______ 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.
__________________________________________________
__________________________________________________ Seller Date
Seller Date __________________________________________________
__________________________________________________ Purchaser Date
Purchaser Date __________________________________________________
__________________________________________________ Agent Date Agent
Date
-
West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
FLOOD ZONE DETERMINATION DISCLOSURE
Property Address: ________________________________________
____________________________________________________
The Federal Emergency Management Agency (FEMA) is in the process
of significantly revising flood maps. Many properties which were
previously not in zones requiring the purchase of flood insurance
will now be classified within such zones, meaning that flood
insurance will be required. The Lucas County Engineer
(419-213-4540) has set up a website
(http://apps.co.lucas.oh.us/floodplain) where individuals can go
and view parcel-by-parcel information. As a Buyer or Seller of
property, we strongly recommend that you consult with The Lucas
County Engineer’s website to determine if your property is located
within a flood zone, or will be within such an area, once the new
maps are finalized. Neither Loss Realty Group, nor any of its
Agents, assume responsibility for investigating the status of a
property with respect to flood issues. Should you have any
questions with respect to flood issues, we recommend that you
contact an Attorney.
Seller(s):
________________________________ Date:___________________
________________________________ Date:___________________
Purchaser(s):
________________________________ Date:____________________
________________________________ Date:____________________
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FORMS\FloodZone.LucasCountyForm.wpd
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January 2019 © Northwest Ohio REALTORS® Revised 01-2020 Seller
Consent for Unsupervised Access, Page 1 of 1
SELLER CONSENT FOR UNSUPERVISED ACCESS
Seller understands that in addition to real estate agents and
brokers, licensed/certified appraisers may have lockbox privileges
via the MLS. Seller agrees that such authorized individuals may
independently access their property via the lockbox.
Seller authorizes the listing agent and brokerage to grant
access to the seller’s property to the following professionals
without a real estate licensee present for purposes related to the
marketing or sale of their property and/or a contract to
purchase:
Licensed/certified appraiser
Home inspector
Contractor
Photographer
Videographer
Other
Seller will be notified in advance when such authorized
individuals will be entering their property.
Seller understands and agrees that the buyer may attend the
appointment with the authorized individuals.
Further, seller agrees to hold the listing agent/brokerage and
any buyer’s agent/brokerage harmless for any damages, including but
not limited to, real or personal property damages, loss, theft or
injury to others that may occur while such individuals are at their
property.
____________________________________________
__________________________________________ Seller Signature Date
Seller Signature Date
-
West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
VACANT HOME ADDENDUM TO LISTING CONTRACT Loss Realty Group
This Addendum is made part of the Listing Contract dated: , 20 ,
by
and between: ____ , hereinafter referred to as “Seller” and
Loss Realty Group and its “Agent”:
for the property located at:
It is hereby agreed and understood that Seller is using the
services of Agent and Loss Realty Group to market the
above-referenced property. Should this property be vacant or become
vacant during the marketing period, Seller agrees to carry
sufficient insurance to cover losses or any kind of damage that may
occur to vacant properties. In addition to carrying proper
insurance, Seller agrees to hold harmless Loss Realty Group and its
Agent from any losses and/or damage of any kind to the
property.
Loss Realty Group and its Agent also strongly recommend that,
should the property be vacant or become vacant during the winter
months (typically November through March), Seller should have the
home winterized by a licensed plumber. Should the vacant property
lose its heat source when outdoor temperatures are at or below
freezing, this process of draining and blowing out the water lines
and putting antifreeze in the sink traps and toilets may help
prevent frozen/broken water lines and pipes that, when thawing
occurs, could result in serious water damage to the home.
_________________________________________
________________________ Seller Date
__________________________________________
________________________ Seller Date
__________________________________________
________________________ Listing Agent - Loss Realty Group Date
-
West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
LOSS REALTY GROUP ANTI-FRAUD DISCLOSURE TO CONSUMERS
Electronic communications such as email, text messages, and
social media messaging, are neither secure nor confidential. While
Loss Realty Group has adopted policies and procedures to aid in
avoiding fraud, even the best security protections can still be
bypassed by unauthorized parties. Loss Realty Group will never send
you any electronic communication with instructions to transfer
funds or to provide nonpublic personal information - such as credit
card or debit numbers or bank account and/or routing numbers.
YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH
AS CREDIT CARD OR DEBIT NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS,
BY EMAIL OR OTHER UNSECURED ELECTRONIC COMMUNICATION. EMAILS
ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY
APPEAR TO COME FROM A TRUSTED SOURCE.
If you receive any electronic communication directing you to
transfer funds or provide nonpublic personal information, EVEN IF
THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM LOSS REALTY GROUP,
do not respond to it and immediately contact Loss Realty Group.
Such requests, even if they may otherwise appear to be from Loss
Realty Group, are likely part of a scheme to defraud you by
stealing funds from you or use your identity to commit a crime.
To notify Loss Realty Group of suspected fraud related to your
real estate transaction, contact: Debbie Ross, Vice President of
Administration, Loss Realty Group (419) 725-1814 / (419) 537-0090 /
[email protected]
ACKNOWLEDGEMENT: I/we have read this Anti-Fraud Disclosure
Statement and understand that Loss Realty Group will never send
me/us any electronic communication with instructions to transfer
funds or provide financial account numbers or other nonpublic
personal information.
________________________________________
_______________________________________ Signature Date Signature
Date
________________________________________
_______________________________________ Printed Name Printed
Name
Property Address:
_____________________________________________________________________
Loss Realty Group Agent:
_______________________________________________________________
\\server-pc\Users\Debbie Ross\Desktop\LISTING FORMS\ANTIFRAUD
DISCLOSURE FORM.3603 Lincolnshire Woods.1.28.2019.wpd
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Page 1 of 2 Effective 02/10/19
AGENCY DISCLOSURE STATEMENT
The real estate agent who is providing you with this form is
required to do so by Ohio law. You will not be bound to pay the
agent or the agent’s brokerage by merely signing this form.
Instead, the purpose of this form is to confirm that you have
been
advised of the role of the agent(s) in the transaction proposed
below. (For purposes of this form, the term “seller” includes a
landlord
and the term “buyer” includes a tenant.)
Property Address:
____________________________________________________________________________________________
Buyer(s):
__________________________________________________________________________________________________
Seller(s):
__________________________________________________________________________________________________
I. TRANSACTION INVOLVING TWO AGENTS IN TWO DIFFERENT
BROKERAGES
The buyer will be represented by
______________________________________________, and
______________________________.
The seller will be represented by
______________________________________________, and
______________________________.
II. TRANSACTION INVOLVING TWO AGENTS IN THE SAME BROKERAGE
If two agents in the real estate brokerage
___________________________________________________________________________
represent both the buyer and the seller, check the following
relationship that will apply:
Agent(s)_____________________________________________________________
work(s) for the buyer and
Agent(s)_____________________________________________________________
work(s) for the seller. Unless personally
involved in the transaction, the principal broker and managers
will be “dual agents,” which is further explained on the back of
this
form. As dual agents they will maintain a neutral position in
the transaction and they will protect all parties’ confidential
information.
Every agent in the brokerage represents every “client” of the
brokerage. Therefore, agents ______________________________
and _____________________________ will be working for both the
buyer and seller as “dual agents.” Dual agency is explained
on the back of this form. As dual agents they will maintain a
neutral position in the transaction and they will protect all
parties’
confidential information. Unless indicated below, neither the
agent(s) nor the brokerage acting as a dual agent in this
transaction
has a personal, family or business relationship with either the
buyer or seller. If such a relationship does exist, explain:
_______________________________________________________________________________________________________.
III. TRANSACTION INVOLVING ONLY ONE REAL ESTATE AGENT
Agent(s) ______________________________________ and real estate
brokerage _____________________________________ will
be “dual agents” representing both parties in this transaction
in a neutral capacity. Dual agency is further explained on the back
of
this form. As dual agents they will maintain a neutral position
in the transaction and they will protect all parties’
confidential
information. Unless indicated below, neither the agent(s) nor
the brokerage acting as a dual agent in this transaction has a
personal, family or business relationship with either the buyer
or seller. If such a relationship does exist, explain:
____________
_______________________________________________________________________________________________________.
represent only the (check one) seller or buyer in this
transaction as a client. The other party is not represented and
agrees to
represent his/her own best interest. Any information provided
the agent may be disclosed to the agent’s client.
CONSENT
I (we) consent to the above relationships as we enter into this
real estate transaction. If there is a dual agency in this
transaction, I
(we) acknowledge reading the information regarding dual agency
explained on the back of this form.
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
AGENT(S) BROKERAGE
AGENT(S) BROKERAGE
BUYER/TENANT DATE
BUYER/TENANT DATE
SELLER/LANDLORD DATE
SELLER/LANDLORD DATE
-
Page 2 of 2 Effective 02/10/19
DUAL AGENCY
Ohio law permits a real estate agent and brokerage to represent
both the seller and buyer in a real estate transaction as long as
this is
disclosed to both parties and they both agree. This is known as
dual agency. As a dual agent, a real estate agent and brokerage
represent two clients whose interests are, or at times could be,
different or adverse. For this reason, the dual agent(s) may not be
able
to advocate on behalf of the client to the same extent the agent
may have if the agent represented only one client.
As a dual agent, the agent(s) and brokerage shall:
• Treat both clients honestly;
• Disclose latent (not readily observable) material defects to
the purchaser, if known by the agent(s) or brokerage;
• Provide information regarding lenders, inspectors and other
professionals, if requested;
• Provide market information available from a property listing
service or public records, if requested;
• Prepare and present all offers and counteroffers at the
direction of the parties;
• Assist both parties in completing the steps necessary to
fulfill the terms of any contract, if requested.
As a dual agent, the agent(s) and brokerage shall not:
• Disclose information that is confidential, or that would have
an adverse effect on one party’s position in the transaction,
unless such disclosure is authorized by the client or required by
law;
• Advocate or negotiate on behalf of either the buyer or
seller;
• Suggest or recommend specific terms, including price, or
disclose the terms or price a buyer is willing to offer or that a
seller is willing to accept;
• Engage in conduct that is contrary to the instructions of
either party and may not act in a biased manner on behalf of one
party.
Compensation: Unless agreed otherwise, the brokerage will be
compensated per the agency agreement.
Management Level Licensees: Generally, the principal broker and
managers in a brokerage also represent the interests of any
buyer
or seller represented by an agent affiliated with that
brokerage. Therefore, if both buyer and seller are represented by
agents in the
same brokerage, the principal broker and manager are dual
agents. There are two exceptions to this. The first is where the
principal broker or manager is personally representing one of the
parties. The second is where the principal broker or manager is
selling or
buying his own real estate. These exceptions only apply if there
is another principal broker or manager to supervise the other
agent
involved in the transaction.
Responsibilities of the Parties: The duties of the agent and
brokerage in a real estate transaction do not relieve the buyer and
seller
from the responsibility to protect their own interests. The
buyer and seller are advised to carefully read all agreements to
assure that
they adequately express their understanding of the transaction.
The agent and brokerage are qualified to advise on real estate
matters.
IF LEGAL OR TAX ADVICE IS DESIRED, YOU SHOULD CONSULT THE
APPROPRIATE PROFESSIONAL.
Consent: By signing on the reverse side, you acknowledge that
you have read and understand this form and are giving your
voluntary, informed consent to the agency relationship
disclosed. If you do not agree to the agent(s) and/or brokerage
acting as a dual
agent, you are not required to consent to this agreement and you
may either request a separate agent in the brokerage to be
appointed
to represent your interests or you may terminate your agency
relationship and obtain representation from another brokerage.
Any questions regarding the role or responsibilities of the
brokerage or its agents should be directed to: attorney or to:
Ohio Department of Commerce
Division of Real Estate & Professional Licensing
77 S. High Street, 20th Floor
Columbus, OH 43215-6133
(614) 466-4100
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West Office 6060 Renaissance Place Suite A Toledo, Ohio 43623
Office: 419-537-0090
South Office 6546 Weatherfield Court Building E – Suite 5
Maumee, Ohio 43537 Office: 419-794-0090
Michigan Office 4348 S. 5
th Street
P.O. Box 393 Luna Pier, Michigan 48157Office: 734-847-2200
________________________________________________________________________________________________________________________________
SELLER’S ESTIMATED CLOSING EXPENSES AND NET BALANCE SHEET
PROPERTY ADDRESS:
_________________________________________________________________
SALE PRICE OF PROPERTY: $____________________
LESS EXPENSES: 1) Owner’s Title Insurance: $____________________
2) Attorney’s Fee/Deed Preparation: $____________________ 3) County
Transfer Fee (Conveyance Fee): $____________________ 4) Escrow Fee:
$____________________ 5) Discount Points: $____________________ 6)
Termite Inspection: $____________________ 7) Real Estate Brokerage
Fee: $____________________ 8) Mortgage Cancellation Fee:
$____________________ 9) Assessment Pay Off: $____________________
10) Estimated Tax Proration: $____________________ 11) Estimated
Mortgage Payoff $____________________ 12) Buyer’s Closing Costs (If
Applicable): $____________________ 13) Document Preparation:
$____________________ 14) Home Warranty (If Applicable):
$____________________ 15) Miscellaneous Invoices at Closing:
$____________________ 16) Estimated HOA Fee Proration:
$____________________
TOTAL OF ESTIMATED EXPENSES: $____________________
ESTIMATED BALANCE / NET PROCEEDS TO SELLER:
$____________________
EXPLANATION OF THE FOREGOING ITEMIZED EXPENSES: 1) Base cost of
$250.00 plus $6.60 per $1,000.00 of the sale price.2) Average deed
preparation charge by attorneys is $45.00 to $60.00.3) $4.00 per
$1,000.00-Lucas County and $3.00 per $1,000.00-Wood County (or any
part thereof) of the sale price.4) Average escrow charge or closing
fee is $250.00 (could vary by title company).5) Varies (One Point
is 1% of the mortgage amount).6) Average charge for termite
inspection is $80.00 to $90.00.7) Average of 7% of total sale price
with a minimum fee of $2,800.00.8) Fee determined by the County
Courthouse – Average of $32.00.9) Would be agreed upon between
Seller and Purchaser on the Purchase Agreement. 10) Depends on
County where property is located. (Due & Payable Method – Lucas
County Due Dates: June 20th and December
20th – prorate from these dates forward to closing plus any
pre-paids. Lien Date Method – Wood County: Prorate from last
duedate (either January 1st or July 1st) to closing date and add-in
any unpaid. Seller is responsible for any delinquencies
and/orpenalties.
11) May fluctuate based on closing date and any pay-off
penalties by Lender.12) Seller paying all or a portion of
Purchaser’s closing costs.13) Preparation of additional paperwork
by Lender (VA $350.00 / FHA $200.00).14) Average cost for 1-Year
Home Warranty: $375.00 to $500.00 15) Any additional bills to be
paid at the Closing (Wiring Fees; Overnight Fees; Etc.) 16) Fee(s)
paid to Homeowners Association for common area maintenance.
*While above figures are believed to be close estimates, they
are not to be guaranteed figures. All expenses should be verified
and confirmed prior to closing.
Coded: FORMS / Seller Net Form /dar / Updated: May, 2017
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PROPERTY INFORMATION
Property address to be covered
City State Zip
Mailing address if different from above
City State Zip
This mailing address is for: Buyer SellerSELLER INFORMATION
Name(s)
Phone number Email address
Listing start date Listing end date
BUYER INFORMATION
Name(s)
Closing date Phone number Email address
All plans are issued by HomeSure Services, Inc., except in the
following states where they are issued by the identified entity: in
AL, AZ, FL, IL, IA, MA, NV, NH, NM, NY, NC, OK, SC, TX, UT, VT, WA,
WI and WY by HomeSure of America, Inc.; in CA by HomeSure
Protection of California, Inc.; in VA and OR by HomeSure of
Virginia, Inc. Plans are administered by Cross Country Home
Services, Inc., OR CCB #202158, IN C.P.D. Reg. No. – T.S. R2707,
and services are provided by independent contractors. Cinch is a
registered mark of Cross Country Home Services, Inc., Boca Raton,
FL 33431. Please see contract for actual terms and conditions;
benefits may vary by state. Not available in all states; subject to
sales tax where applicable.
PAYMENTPlease make checks payable to : Cinch Home Services
Mail to: P.O. Box 559003 Fort Lauderdale, FL 33355-9003
Disclosure: In addition to representing the home seller and/or
buyer, the named real estate agent/company also will be completing
certain warranty-related processing, administrative and other
services. Your charge for this warranty may include an amount paid
to the real estate agent/company for performing these services.
This coverage includes only those systems, appliances and
components that were in proper operating condition at the contract
effective date. The following systems, appliances and components
should be excluded from coverage:________________________
_________________________________________
Acceptance of coverage: Applicant acknowledges that he/she
understands the terms and conditions of coverage and authorizes
closing agent to pay the required fees upon closing.
Waiver of coverage: I hereby decline the protection plan that
has been presented to me. I agree to hold real estate broker and
agent harmless in the event of a subsequent mechanical failure that
otherwise would have been covered under the protection plan.
Signature Date
AGENT INFORMATION
Real estate office/member broker no. Main office phone
number
Real estate office address City, state, zip
Real estate agent name
Real estate agent email address Real estate agent cell phone
DO NOT CALL A CONTRACTOR YOURSELF. To file a claim call: (800)
432-1033 or visit my.cinchhomeservices.com.Coverage is subject to a
trade service call fee up to your deductible per service call, per
trade agent. Additional charges may apply to certain repairs or
replacements.
Online: cinchhomeservices.com/realestate Email:
[email protected] Ph: (800) 247-3680
1. PLANS AND PRICING
3. ADDITIONAL SYSTEMS AND COMPONENTS
Each Additional Central Heating $100
Each Additional Central A/C $50
Each Additional Refrigerator $25
Seller plan: Coverage to begin at enrollment, converts to buyer
at closing
5. TOTAL DUE AT CLOSING
4. OPTIONAL BUYER ONLY COVERAGE (EACH ITEM, PER UNIT)
Clothes Washer & Dryer $50
Outside Gas Line $60
Outside Sewer Line $60
Outside Water Line $60
Outside Gas/Sewer/Water Line (combo) $120
Pool $205
Spa $205
Combo Pool/Spa (shared equipment) $205
Septic Tank/Pumping $45
Water Softener $50
Well Pump System $150
Total all fees: (Sections 1-4) $
For multi-year discount pricing, multiply the total by the
number of years:$ X = $
(Total of all fees) (Number of years) (Total price)
Warranty funded by: Seller Buyer Other
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Seller/Air & Heat Coverage (optional)
$200 $100Single Family:
Condo/Townhome:
Buyer plan: Coverage to begin at closing Single Family:
Condo/Townhome: Multi Family (Duplex):
New Home Construction (years 2-4):
Premier Upgrade Package:
Base plan
SELECT DEDUCTIBLE
$389$359
$75
$489$459
$75
$389
$539
$489
$639
$99 $99
$200 $100
$359 $459
$489 $589
The Premier Upgrade Package provides Buyers with extra coverage
for items excluded under any home warranty. Some examples include,
but not limited to: fees required for permits mandated by federal
or local government, upgrades as required when replacing heating or
air systems and non covered items associated with a covered claim.
See Terms, Conditions and Limitations in the Agreement.
2. PREMIER UPGRADE PACKAGE (BUYER ONLY - OPTIONAL)
Home warranty application Contract # or Order Confirmation
Number (Provided by Cinch)
Sales tax will be added where required by law. Final tax will be
calcuated on the confirmation invoice.
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Repaired.Replaced.Relieved.
When things break down, we step up.
THE LEADING WARRANTY FOR HOME APPLIANCES AND SYSTEMSCoverage
for: Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Missouri,
Minnesota,
Montana, North Dakota, Nebraska, Ohio, South Dakota, Tennessee,
Utah, Western Pennsylvania, Wisconsin and Wyoming
is now
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A home warranty provides repair or replacement coverage for
mechanical failures of major systems and appliances. Whether the
dishwasher
suddenly stops washing or the A/C 1 stops cooling, you’ll
appreciate the savings,
convenience and peace of mind that come with home warranty
protection. Plus,
you can enjoy the benefits of a Cinch home protection plan for
as long as you own
your home.2
Retail repair or replacement costs (without a Cinch home
warranty)
What it really costs
$4,000
$4,500
$1,325
$1,400
$375
$1,300
$1,000
$500
$675
Central A/C
Heating System
Electrical
Refrigerator
Plumbing
Water Heater
Range/Oven
Dishwasher
Washer or Dryer
$535
$475
$443
$375
$125
$287
$250
$250
$257
AVERAGE REPLACEMENT ITEM
AVERAGE REPAIR
Source: Based on estimated ranges of retail costs for repairs
and replacement of the listed items. Includes data from national
independent service contractors. Pricing may vary in your
geographical area.
Plan to be protectedYou’ve thought about blinds versus drapes;
you’ve planned where the sofa will
go; but have you thought about your appliances and systems
failing? Responsible
homeowners often choose to have a home warranty because
homeowners
insurance does not cover failures of appliances and systems.
Typically, you’ll pay one low deductible
for covered components that need repair or replacement,
saving you thousands of dollars.2
Contact Cinch 24/7, and we’ll match
you with a pre-screened, licensed professional, so you won’t
need to waste time searching the internet and hope for
the best.
A Cinch home warranty
provides assurance that you won’t have to worry when a
covered appliance or system breaks down and that you
will be provided with a repair professional you can trust.
Plan for savings
Plan for convenience
Plan for peace of mind
2
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Experience the Cinch difference.Comprehensive coverage.
Exceptional value.
Central A/C
Heating System
Electrical
Refrigerator
Plumbing
Water Heater
Range/Oven
Dishwasher
Washer or Dryer
$535
$475
$443
$375
$125
$287
$250
$250
$257
1Optional coverage for seller plan requires additional fee.
²Terms may vary by location/state, type of package (seller versus
buyer) and are governed by state law. 3Not all coverages are
available on all plans. ⁴By locking in first year introductory
rate, you will be renewing into a plan which may be different than
your prevailing coverage. ⁶Only one reimbursement per member per
12-month period. This reimbursement also covers hotel/motel
emergency lodging when a sudden break in a water pipe results in
flooding and the removal of the water from the residence by a water
removal company is delayed by 24 hours or more. All the
reimbursement details are included in your welcome materials which
will be mailed after the warranty has been paid. 7Simply report
your paid claim within 45 days. All the reimbursement details are
included in your Welcome Book, which will be mailed after the
warranty has been paid. Only one reimbursement claim per member,
per 12-month period.
Seller benefits• Protect your budget from unexpected repair or
replacement expenses while your home is on the market. • Market
your home with a Cinch home warranty - the perfect buyer
incentive.
• Avoid closing delays due to a system or appliance failure. •
No up-front costs as the warranty is payable when the property
closes.2 After closing, the buyer gets one full year of
coverage.
Homeowners Insurance Deductible Reimbursement7This is the only
home warranty that reimburses you, up to $500 per year, when you
have to pay a deductible on a homeowners insurance claim.
3
Buyer benefits• Multi-year discount pricing is available: Lock
in the
first-year introductory rate for additional coverage years.4
• You don’t have to worry about an unexpected repair expense
should a covered system or major appliance break down due to normal
wear and tear.
• Pay a standard deductible per service call, per trade on
covered components.2
• Save with Appliance Buyline®. Take advantage of our buying
power and get discounts off brand-name appliances for remodeling
projects or appliance upgrades.
Emergency Lodging Reimbursement6Buyers will be reimbursed up to
$1,200, for hotel/motel stay if their only cooling or heating
system is non-operational for 24 hours or more from the time of the
first service visit.
Failures Due to Lack of
Maintenance2
Unknown Pre-Existing Conditions2
Failures Due to Rust and
Corrosion2
No Square-Foot Limitations
No Age Restrictions on
Systems or Appliances
Outside Water/Gas/Sewer
Line Optional Coverage
Covers Dept of Energy Mandates
for A/Cs and Water Heaters2
Sump Pump
Water Heater Garage Door Opener
Clothes Washer/Dryer³
Garbage Disposal
Ceiling Fan
Central Vacuum System
Jetted Bathtub
Air Conditioning System³
Heating System³
Electrical System
Plumbing
Oven/Range/Cooktop
Refrigerator with Built-in Icemaker
Built-in Microwave
Built-in Trash CompactorDishwasher
180-day workmanship guaranteeWe back up our commitment with our
industry leading workmanship guarantee.
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Sample home warranty plan2
SAMPLEHOME WARRANTY AGREEMENTThis Home Warranty Agreement,
hereinafter referred to as the “Agreement”, is marketed through HMS
National, Inc. The Agreement is issued by the entity listed for
your state in Section VI. of this Agreement. Such entity is
hereinafter referred to as the “Issuing Company”, or “we”, “us”,
and/or “our”. The owner of the home covered by this Agreement is
hereinafter referred to as “you” and/or “your”. This is a Home
Warranty Agreement, not an insurance policy.This Agreement is
intended to provide protection against the cost of repairing
certain items in your home due to mechanical failure. Please read
the Agreement carefully. Coverage includes only certain mechanical
failures of the specific items listed as covered on your Agreement
Coverage Summary and excludes all other failures and/or items. The
Agreement Coverage Summary is attached to and made a part of this
Agreement. Coverage is subject to the limitations and conditions
specified in this AgreementThis Agreement has provisions for the
use of final and binding arbitration to resolve disputes and
otherwise limits the remedies available to you. Please see DISPUTE
RESOLUTION section for more information about arbitration. I. BASIS
FOR COVERAGE
We agree to pay the covered costs to repair or replace the items
listed as covered in your Agreement Coverage Summary if any such
items become inoperable during the term of this Agreement due to
mechanical failure caused by routine wear and tear, subject to the
terms and conditions of this Agreement. Determination of coverage
for any claim will be made solely by us, considering, but not
limited to, our independent contractor’s diagnosis.
This Agreement covers only mechan