Below is a list of some of the most common forms used during a real estate transaction:

• Affiliated Business Arrangement Disclosure
  • This form is for disclosure and acknowledgement and is not a contract. It describes the different services offered through The Masiello Group. These include Insurance, Mortgage and Title services.
  • When ready to sign this document:

    1. Print your names at the bottom of page 1

    2. Print the property address at the bottom of page 1

    3. Sign and date the bottom of page 1

• Agency and Non-Agency Disclosure Form
  • This form describes the difference between being a "Customer" and a "Client". One should not assume that a licensee is acting on your behalf unless you sign a contract for representation. Until that time you are a customer and not a client. Clients receive more services than customers. You become a client by entering into a written contract for representation as a seller/landlord or as a buyer/tenant.
  • As a customer, you can expect a real estate licensee to provide the following customer-level services:
    • To disclose all material defects actually known by the licensee pertaining to the on-site physical condition of the real estate
    • To treat both the buyer/tenant and seller/landlord honestly
    • To provide reasonable care and skill
    • To account for all monies received from or on behalf of the buyer/tenant or seller/landlord relating to the transaction
    • To comply with all state and federal laws relating to real estate brokerage activity
    • To perform ministerial acts
  • As a client, in addition to the customer-level services listed above, you can expect the following client-level services:
    • Confidentiality
    • Loyalty
    • Disclosure
    • Lawful Obedience
    • Promotion of the client's best interest.
  • Client-level services also include advice, counsel and assistance in negotiations.
  • When ready to sign this document:

    1. Sign and date the bottom of page 1

• Exclusive Buyer Agency Agreement
  • This form is a contract stating that a Buyer client is appointing (hiring) The Masiello Group as Buyer's Exclusive Agent for the purpose of assisting Buyer in purchases, options, exchanges, leases or trades of property.
  • Agency/Agent will utilize professional knowledge to make a good faith effort to locate available real property as described by Buyer in the property description. Agency/Agent will assist Buyer throughout the transaction and will act at all times in Buyer's interest.
  • This form describes the type of property being sought and the means by which the Agency is to be compensated. In regards to compensation, I (Lee Johansen) add the following additional provisions to this form:
    • Buyer agent to accept fee listed in the MLS (Multiple Listing Service) for any purchased property listed in MLS.
    • Buyer agent to receive a fee of 2% of the sales price in the event that buyer purchases property  not listed in MLS with the support of buyer agent.
    • Buyer reserves the right to terminate this agreement to purchase property not listed in MLS without the support of buyer agent.
  • This form also describes "Disclosed Dual Agency and provides acknowledgement that real estate agents may represent both a Buyer and a Seller in a transaction but only with the knowledge and written consent of both the Buyer and Seller. If the agent obtains written consent to represent both Buyer and the Seller, there is a limitation on agent's ability to represent either party fully and exclusively. Information obtained within the confidentiality and trust of the fiduciary relationship with one party must not be disclosed to the other party without prior written consent of the party to whom the information pertains.
  • When ready to sign this document:
    1. Initial the bottom of page 1
    2. Check the box at the top of page 2 next to "BUYER hereby consents to dual agency showings"
    3. Sign and date below the above paragraph
    4. Sign and date the bottom of page 2
• Dual Agency Informed Consent Agreement
  • This form is used whenever a Seller and Buyer are both being represented by The Masiello Group, regardless of which office or agent is representing each party. It informs both the Buyer and Seller that the agents shall make every reasonable effort to remain impartial.
  • Dual Agent's Role:
    • Because Dual Agent is acting as agent for both Buyer and Seller in this transaction, Dual Agent shall make every reasonable effort to remain impartial to Buyer and Seller. Seller and Buyer acknowledge that, prior to the time this Agreement was entered into, Agency has acted as the exclusive agent of both parties individually and in those separate roles may have obtained information which, if disclosed could harm the bargaining position of the party providing such information to Dual Agent. Unless specific disclosure is required by law or consented to in writing, Buyer and Seller agree that Dual Agent shall not be liable to either party for refusing or failing to disclose Confidential Information. “Confidential Information” includes, but is not limited to:
      1. the Buyer's and Seller's personal motivation for buying or selling;
      2. the amount of any prior offers or counter offers by Buyer or Seller;
      3. that Buyer is willing to pay more than the amount offered, or that Seller is willing to accept less than the asking price.
    • Nothing contained in this Agreement shall prevent Dual Agent from disclosing to Buyer any known pertinent information about the property or any other matter that must be disclosed by law. In the event that a purchase and sale provided for in this Agreement does not close as set forth in this Agreement, the dual agency described herein shall automatically terminate.
  • Seller's and Buyer's Roles:
    • Because of Agency's dual agent relationship, Buyer and Seller acknowledge that they understand that they have the responsibility of making their own decisions as to what terms are to be included in offers and or agreements. Buyer and Seller also acknowledge that they are aware of the implications and consequences of Agency's dual agent role and that they have determined that the benefits of entering into this transaction with Dual Agent acting as agent for both of them outweigh such implications and consequences.
  • Both parties understand and agree, that it has been disclosed in connection with this transaction that the Agency will collect fees in accordance with the previously executed brokerage agreements.
  • Buyer and Seller recognize and agree that this document does not replace those documents signed earlier, i.e. the Buyer Agency Agreement signed by Buyer on , and the Listing Agreement signed by Seller on . However, in any areas where this document contradicts or conflicts with those documents, this Dual Agency Consent Agreement shall supersede.
  • When ready to sign this document:

    1. Initial the bottom of page 1

    2. Sign and date the bottom of page 2

• Exclusive Listing Agreement
  • This form is used to list a property for sale. This is to be construed as an unequivocal Exclusive Right To Sell between the Seller and the undersigned Agency.
  • When ready to sign this document:

    1. Initial the bottom of page 1

    2. Sign and date the bottom of page 2

• Property Disclosure, Residential
  • This is a disclosure form used by a Seller to disclose pertinent facts about a property. All information is to be true and complete to the best of Seller's knowledge. This statement has been prepared to assist prospective Buyers in evaluating Seller's property. This disclosure is not a warranty of any kind by the Seller, or any real estate Agency representing the Seller, and is not a substitute for any inspection by the Buyer.
  • Seller's should complete all sections as truthfully as possible. If you a Seller is not 100% sure on an answer, they should select "unknown" if applicable or provide a detailed explanation.
  • When ready to sign this document:
    1. Initial the bottom of page 1
    2. Initial the bottom of page 2
    3. Initial the bottom of page 3
    4. Sign and date the bottom of page 4
• Property Disclosure, Condo Rider
  • This form is to be used in conjunction with Property Disclosure - Residential form above. A Buyer interested in purchasing a condominium unit has the right to obtain from the Condominium Unit Owner's Association the following information: a copy of the condominium declaration, by-laws, any formal rules of the association, a statement of monthly and annual fees and any special assessments made within the last 3 years. This form provides the name and contact information for the Association.
• Disclosure of Information on Lead Based Paint
  • This form is used to notify Buyers of the possibility of Lead Based Paint in a property built prior to 1978.
  • When ready to sign this document:
    1. Initial next to paragraph (c)
    2. Check the box next to paragraph (c)
    3. Initial next to paragraph (d)
    4. Check the box next to paragraph (d)
       • Note the lead paint disclosure can be viewed, printed and/or saved from this link:
         • LeadPaintPamphlet.pdf
    5. Initial next to paragraph (e)
    6. Check paragraph (e) (ii)
    7. Sign and date the bottom
• Purchase & Sales Agreement & Deposit Receipt
  • This form is used to present an offer by a Buyer to purchase property from a Seller. Once signed and all changes are initialed by all parties, Buyer and Seller would be in a formal contract whereas the Seller agrees to sell and convey, and Buyer agrees to buy certain real estate...
  • When ready to sign this document:
    1. Initial the bottom of page 1
    2. Initial the middle of page 2 in the box acknowledging receipt of the seller's disclosures. Note you should only do this after reviewing the disclosures.
    3. Initial the bottom of page 2
    4. Initial the bottom of page 3
    5. Initial the bottom of page 4
    6. Sign and date the bottom of page 5
• Purchase & Sales Agreement & Deposit Receipt, Addendum
  • This form is used for making changes to an accepted Purchase and Sales Agreement.
• HUD-1 Settlement Statement
  • This is a sample HUD Settlement form. This form is used to give all parties a statement of actual settlement costs.