
We offer a complete line of real estate services designed to help you achieve your home buying goals.

We offer a complete line of real estate services designed to help you achieve your home buying goals.
Jaqua Realtors is a full service residential and commercial real estate company providing a full complement of services to buyers. Jaqua agents offer a seamless real estate experience by providing all the personalized services you need every step of the way.
By leveraging our team of service professionals, our entire company works to see you through the home buying process. Our experts will answer your questions, provide direction and guidance to simplify your home purchase.
As a progressive company, Jaqua strives to provide our clients exclusive buying services, and strategies. We are dedicated to consistently refining our innovative services that extend well beyond the transaction.
Determine your preferences and evaluate your options to find the right home for you
Expert attention from a trusted national lender for your mortgage financing needs
A complete line of title services to ensure accuracy and proper documentation
Customized solutions for your insurance needs
Committed to delivering a seamless transaction
The benefits of working with a Dedicated Buyer’s Agent (DBA) are clear and compelling for the following reasons:
1 Has a fiduciary relationship with you which requires a high level of trust and commitment.
2 Is required to keep all of your matters and conversations confidential.
3 Has a responsibility to look out for your best interests.
4 Helps you maintain compliance with local, state and federal regulations.
5 Can offer advice and counsel you on all matters with the transaction.
6 Protects you by implementing risk reduction techniques.
7 Advocates for your position.
8 Negotiates on your behalf.
9 Helps you navigate the transaction process.
10 Focus on bringing the sale to a successful close.
| By: Julie Wildhaber | Realtor.com
Whether you’re buying, selling, or renting a home, a REALTOR® is your partner in the process. REALTORS® are local experts who can help you find the right home, negotiate price and terms, and navigate the reports and contracts to close the deal. REALTORS® are also committed to a Code of Ethics, professional development, and consumer advocacy that protects rights and saves money for home owners.
Every state, as well as the District of Columbia and Puerto Rico, requires real estate brokers and agents to hold a real estate license. That typically requires a test and preparatory coursework, but the requirements vary. Agents who want to go beyond basic licensing join the 1 million professionals in the National Association of REALTORS® (NAR) and earn the right to call themselves a REALTOR®. NAR requires members to train in – and adhere
to – a strict Code of Ethics to better represent the interests of customers, the public, and the industry. NAR offers continuing education and certifications for REALTORS®, and also lobbies for the interests of home owners.
Buying or selling a home is a legal transaction, a big financial investment, and a major life decision, that affects everything from your children’s quality of education to your family’s happiness in the community. Homeowners need to know they can trust the agent to guide them through that complex decision and treat them fairly and honestly –even if the customer is a buyer and the REALTOR® represents the seller.
That’s why the National Association of REALTORS® instituted its Code of Ethics and Standards of Practice. The code goes beyond requirements of the law to detail the ethical
responsibilities of REALTORS® to customers, the public, and other real estate professionals. For example, REALTORS® cannot hide, exaggerate, or misrepresent any facts about the property or the transaction; they must disclose when they have a financial stake in a property; and they must provide the same level of professional service to everyone, regardless of race, religion, handicap, or sexual orientation.
The Code of Ethics has been in force for 100 years, and it’s updated annually to ensure it reflects current social concerns and evolving business practices, such as the use of social media in marketing. Every member of the NAR receives training on the code.
| By: Julie Wildhaber | Realtor.com
The real estate field changes constantly, so REALTORS® freshen their skills and extend their knowledge through continuing education. REALTORS® can also train for specialized designations and certifications, such as becoming an Accredited Buyer’s Representative or earning NAR’s Green Designation to understand green building and sustainable business practices.
REALTORS® represent the interests of individual home buyers and sellers, while NAR represents the interests of all home owners through political advocacy at the local, regional and national level. The organization advocates for homeownership (get policy updates at Homeownership Matters), as well as for issues like tax benefits, affordable financing,
stronger support from the Federal Housing Administration for home loans, and tax relief for people distressed by mortgage debt. REALTOR®supported legislation saves home owners an average of $2,144 for the first year of their loan, or $38,936 over the life of the mortgage.*
Nothing is more personal than your home. When you work with a REALTOR®, you don’t just want someone to process the paperwork and hand over the keys; you want to establish a relationship with someone you trust. That’s why people often choose a Realtor® they already know or one who’s been referred by a friend or relative. If you’re a buyer, it’s easy to search for homes Online. Once you have a short list of properties, a REALTOR® can provide insight — about the neighborhood, the local market,
whether the home is correctly priced – as well as expertise to guide you through the legal and financial processes. If you’re selling a home, a REALTOR® can do all those same things, plus help you get a higher price. NAR research shows that in 2012, listings represented by Realtors® sold, on average, for $40,100 more than homes sold by their owners.
*Based on June 2013 NAR data: average sale price of $212,400, 30-year loan at 4.07 percent interest rate, and marginal tax bracket of 25 percent). Written on: Aug 13, 2013
I partner with service providers and contractors to assist with due diligence and to provide proper support after closing.
To: Property:
From:
Date:
Agent, Jaqua Realtors
This is to give you notice that the owners of Chuck Jaqua Realtor Inc. (“Jaqua”) have a business relationship with, and/or an ownership interest in, the following companies:
• The owner of Jaqua has a 50% ownership interest in Southwest Michigan Title Agency, LLC.
• The owner of Jaqua has 100% ownership of Arcadia Insurance Services, LLC.
• The owner of Jaqua has a 49.9% ownership interest in Summit Home Mortgage, LLC.
• Jaqua has a business relationship with and ownership interest in Southwest Michigan Community Resources, LLC and Distinguished Homes, LLC to provide referrals for moving companies or services related to home ownership and home maintenance as well as design and staging services.
• The owner of Jaqua has a business relationship with (but no ownership in) American Home Shield. Pursuant to a preexisting agreement, Jaqua will receive a modest fee when an American Home Shield warranty is purchased.
Because of these relationships, our referrals to these companies may provide the owners of Jaqua a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for the finance, sale or to insure your property or title to your property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Arcadia Insurance Services, LLC Homeowners
$750-$1,200 annually (For replacement cost insurance on a $135,000 home.)1
1Exact premiums will depend upon various factors, including but not necessarily limited to: (a) detail of coverage, age, size and construction material of dwelling; (b) deductible: (c) location of property; (d) use of dwelling; (e) other pertinent conditions. Other products are available.
Summit Home Mortgage, LLC Loan Origination Loan Discount Points: 0% to 3% of loan amount depending on rate chosen Administrative Fee: $1,295
Southwest Michigan Title Agency, LLC
I/we have read this disclosure and understand that Jaqua is referring me/us to purchase the above-described settlement service(s) and may receive a financial or other benefit as the result of this referral.
Buyer(s):
Buyer(s)’ Address:
EXCLUSIVE AUTHORIZATION TO LOCATE PROPERTY (DESIGNATED AGENCY WITH LIMITED DUAL AGENCY)
Agreement Date: / /
1 PURPOSE AND TERM. Buyer appoints Jaqua Realtors® as Buyer's exclusive agent to assist Buyer to locate, negotiate and secure property as described in Paragraph 2, and Jaqua Realtors® accepts the appointment The parties agree that Jaqua Realtors’® services shall be limited to: consulting with Buyer regarding the desirability of particular properties, the availability of financing, formulating acquisition strategies, negotiating purchase agreements and facilitating the details of the transaction This agreement shall terminate at 11:59 p m on
2 DESIRED PROPERTY Buyer desires to purchase, lease, option, exchange or otherwise acquire property meeting the following general criteria: Type: [ ] Residential [ ] Residential Income [ ] Commercial [ ] Contract to Build [ ] Other
Preferred description and location:
Preferred price range: $ to $
3 ENTITLEMENT TO A BROKERAGE FEE. Buyer agrees to pay Jaqua Realtors® a brokerage fee if any of the following occur:
A During the term of this Agreement, Buyer purchases, leases or exchanges property of the general type described in Paragraph 2 above
B Within 12 months after the expiration of this Agreement (Protection Period), Buyer purchases, leases, or exchanges any property which, during the term of this agreement, Jaqua Realtors® or Buyer had negotiations relating to the property, or Jaqua Realtors® had shown or offered to show to Buyer or someone representing Buyer
C At any time in the future Buyer purchases any property of the general type described in Paragraph 2 which Buyer leased or on which an option was granted during the term of this Agreement
This fee shall be deemed to be earned by Jaqua Realtors® at the time Buyer enters into a binding Buy and Sell Agreement, regardless of whether Jaqua Realtors® located, negotiated and/or secured said property ultimately purchased or leased by Buyer
4 COMPENSATION OF BROKER: Buyer requests and Jaqua Realtors® agrees to seek compensation from the seller, the payment of which may satisfy Buyer’s full or partial compensation obligation under this agreement This may take the form of accepting the compensation offered by the listing broker If the listing broker is not offering compensation and seller refuses to pay Jaqua Realtors® full or partial compensation and Buyer still elects to purchase the property, Buyer shall be responsible for any remaining compensation due to be paid to Jaqua Realtors® Buyer acknowledges that broker commissions are not set by law and are fully negotiable Jaqua Realtors® may not receive compensation for brokerage services provided to Buyer from any source that exceeds the amount agreed upon herein or in a subsequent written agreement between buyer and Jaqua Realtors® The compensation due Jaqua Realtors® at the closing of the transaction shall be as follows:
A LISTED PROPERTIES: 3 5% of the purchase price plus $295
B UNLISTED PROPERTIES: 5% of the purchase price plus $295
5 JAQUA REALTORS’ AGENCY RESPONSIBILITIES AND LIMITATIONS: Jaqua Realtors®, named Supervisory Broker and Buyer’s Designated Agent agree to negotiate on Buyer’s behalf and take reasonable steps to preserve the confidentiality of information that Buyer has instructed Jaqua Realtors® in writing to keep confidential Buyer understands and acknowledges, however, that Jaqua Realtors®, named Supervisory Broker and Buyer’s Designated Agent have previously represented or may currently or in the future represent other clients, and have similar responsibilities to these other clients For instance:
Past Clients: Buyer may consider property owned by a party that Jaqua Realtors®, named Supervisory Broker or Buyer’s Designated Agent represented in the past Buyer agrees that Jaqua Realtors®, named Supervisory Broker or Buyer’s Designated Agent shall not be required to disclose confidential information concerning said party
Current or Future Buyers: Buyer may consider property that is also under consideration by other buyers working with Jaqua Realtors®, named Supervisory Broker or Buyer’s Designated Agent Buyer agrees that Jaqua Realtors®, named Supervisory Broker or Buyer’s Designated Agent shall not be required to disclose to Buyer interest in the same property by another buyer
Imputed Knowledge: Imputed Knowledge is knowledge attributed to a person because of the person’s legal responsibility for another’s conduct even though the person does not have actual knowledge. Buyer agrees that information related to the seller, the Property, or the transaction known by other licensees shall not be imputed to the Designated Agent Buyer further agrees that a Buyer’s Designated Agent’s knowledge of information relating to the seller, the Property or the transaction shall not be imputed to any other licensee affiliated with Jaqua Realtors®
6 OTHER TERMS:
7 JAQUA REALTORS’ AND DESIGNATED AGENT’S AGENCY RESPONSIBILITIES/POSSIBILITY OF DUAL AGENCY: Both Jaqua Realtors® and Buyer’s Designated Agent, from time to time, enters into agreements with sellers to serve as their agent for the purpose of arranging the sale of a seller’s property Buyer desires to be informed of such properties Buyer acknowledges that certain conflicts of interest will occur because Buyer and a seller have different interests to protect Buyer and Jaqua Realtors® agree that:
A If Buyer becomes interested in a property owned by a seller-client of Jaqua Realtors®, Jaqua Realtors® and Named Supervisory Broker will be Dual Agents, representing both Buyer and seller Buyer’s Designated Agent will continue to represent Buyer exclusively, and seller’s Designated Agent will continue to represent seller exclusively, unless Buyer’s Designated Agent is also the Designated Agent for seller In that situation, Buyer’s Designated Agent, Named Supervisory Broker and Jaqua Realtors® will all represent both Buyer and seller as Dual Agents
B If Buyer’s Named Supervisory Broker is also the seller’s Designated Agent, Jaqua Realtors® shall appoint another Supervisory Broker to represent Buyer The original Named Supervisory Broker will continue to be a Dual Agent Any confidential information previously disclosed to the original Named Supervisory Broker shall remain confidential, not to be disclosed to a seller without Buyer’s authorization Any time Jaqua Realtors®, Supervisory Broker or Designated Agent function as a Dual Agent, the following shall govern said party’s action:
1 They will not knowingly do anything or say anything which might place one party at a disadvantage, such as disclose personal confidences;
2 They will assume the role as an intermediary, facilitator and/or mediator to assist Buyer and a seller;
3 They will not disclose to Buyer that a seller might accept a price other than listing price, nor disclose to a seller that Buyer might be willing to pay a higher price without that party’s authorization
8
JAQUA REALTORS’® DISCLAIMER AND PROPERTY CONSIDERATIONS: Buyer acknowledges that Jaqua Realtors® is not serving as an attorney, tax advisor, surveyor, civil engineer, structural engineer, environmental expert or appraiser
A Buyer’s Responsibility: Buyer acknowledges that Buyer is solely responsible for determining the suitability of any desired property or transaction Buyer is not relying on Jaqua Realtors® or Buyer’s Designated Agent for such determination Buyer further acknowledges Jaqua Realtors® has advised Buyer that if Buyer has any questions or concerns beyond those outlined below, Buyer should seek the advice of appropriate professionals
B Property Suitability: In order to carefully evaluate a desired property’s suitability, Buyer is specifically advised to:
1 review the title commitment with Buyer’s attorney investigate any potential restrictions on the use of the property such as local zoning ordinances, plat and deed restrictions, easements, liens and other encumbrances
2 have the property inspected for: infestation by wood destroying insects; structural and mechanical defects; environmental and health and safety considerations, including the presence of radon, mold, or lead-based paint
3 have the location, boundaries and dimensions of the property verified by a surveyor, the size and value of buildings verified by an appraiser and verify whether building permits were obtained for construction, structural alterations, modifications or repairs
4 satisfy themselves that the property is able to provide and sustain a potable water supply and effective waste disposal system
C. Transaction Suitability: In order to carefully evaluate the suitability of a potential transaction, Buyer is specifically advised to:
1 read carefully all contractual agreements, Seller’s Disclosure Statements, Lead-Based Paint Seller’s Disclosure Forms, and closing documents
2 investigate the tax consequences of the transaction including an evaluation of property tax information and the potential for changes in the property taxes Buyer is aware that taxes can increase based on a new State Equalized Valuation, sale price, assessments, Personal Residence Exemption or tax rate increase
3 investigate historical sales data and/or obtain an appraisal
Buyer further acknowledges that Jaqua Realtors® has advised Buyer that if Buyer has any other questions or concerns, Buyer should seek the advice of appropriate professionals
9 EXCLUSIVE AGENT: Buyer agrees that during the term of this Agreement any and all inquiries and/or negotiations relating to the acquisition of any property by Buyer shall be through Jaqua Realtors® Buyer agrees to refer to Jaqua Realtors® any inquiries from any other broker, salesperson or any other source
10 FAILURE TO CLOSE TRANSACTION If Buyer enters into a binding Buy & Sell Agreement, and seller fails to close the transaction with no fault on the part of Buyer, Jaqua Realtors® agrees not to pursue compensation from Buyer provided for that transaction; however, Jaqua Realtors® reserves the right to pursue compensation from the seller If such a transaction fails to close because of any fault on the part of Buyer, the total amount owing as compensation shall be immediately due and payable to Jaqua Realtors® by Buyer
11 COST OF SERVICES OR PRODUCTS OBTAINED FROM OUTSIDE SOURCES. Buyer agrees to promptly pay for products or services from outside sources ordered by Jaqua Realtors® at Buyer’s request (examples: surveys, environmental studies, inspections, soil tests, title reports, engineering studies, etc ) In the event Jaqua Realtors® provides to Buyer names of sources for such assistance, Buyer acknowledges and agrees that Jaqua Realtors® does not warrant or guarantee the services and/or products
12 CONSENT TO DISCLOSURE: Buyer authorizes Jaqua Realtors® to disclose Buyer’s identity and any pertinent facts Jaqua Realtors® has regarding Buyer’s financial ability to purchase the Desired Property
13 NON DISCRIMINATION Buyer acknowledges Jaqua Realtors® are required to obey Federal and State non-discrimination laws pertaining to the sale or rental of real estate
14 CONSENT TO FEES Buyer acknowledges that Jaqua Realtors® may be offered placement fees, finders’ fees and other consideration from home warranty companies, mortgage brokers and others who become involved in the transaction Buyer hereby grants Jaqua Realtors® permission to receive such fees and/or consideration
15 COUNTERPARTS/SIGNATURES: This Agreement may be signed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one Agreement The exchange of copies of this Agreement and signature by personal service, email, facsimile, or other electronic means commonly in use, or other means permitted by applicable state or federal statute shall constitute effective execution and delivery of this Agreement as to the parties, and may be used in lieu of the original Agreement for all purposes Copies shall be deemed to mean any duplicate, reproduction or similar exact imitation of the original executed Agreement Signatures of the parties delivered as described above shall be deemed to be their original signatures for all purposes and shall be deemed valid and binding upon the parties as if their original signatures, initials and modifications were present on the documents in the handwriting of each party Buyer shall not assert the statute of frauds or n on-enforceability or validity of this Agreement because of facsimile or similar electronic device copies being used, and Buyer specifically waives and relinquishes any such defense Buyer agrees to provide an original signed document to Broker upon request
16 ARBITRATION: The parties acknowledge that they have been informed that any claim or dispute between them related to this Agreement, may be mediated or arbitrated if Broker and Buyer agree in a separate writing
17 ADDITIONAL PROPERTIES: Upon Buyer receiving notification that a seller has accepted Buyer’s offer to purchase a property, Jaqua Realtors® shall not be required to inform Buyer of additional properties that may otherwise be of interest to Buyer
18 CONFIDENTIALITY: Buyer acknowledges that the existence, terms, and/or conditions of Buyer’s offers, proposals, discussions, and/or agreements to seller may not be treated as confidential information by seller or seller’s representatives unless confidentiality is required by law, regulation or any confidentiality agreement between Buyer and seller and/or seller’s representative
19 AFFILIATED BUSINESS DISCLOSURE: Buyer acknowledges Buyer has been informed that Jaqua Realtors® has business relationships with Southwest Michigan Title Agency, L L C , Arcadia Insurance Services L L C, and Summit Home Mortgage Because of these relationships, Jaqua Realtors® may receive a financial or other benefit There are other companies with similar services Buyer is free to shop around to determine that Buyer is receiving the best services and best rate for these services
20 RECEIPT, ACKNOWLEDGEMENT AND ACCEPTANCE: These 2 pages contain the entire terms and provisions of the Agreement between the parties. No modification of any of the terms of this Agreement shall be binding upon the parties unless said modification is in writing and signed by the parties Buyer acknowledges that all terms have been reviewed, understood and accepted, and further acknowledges receipt of a copy of this Agreement In the event any portion of this Agreement is found to be unenforceable, said clause shall be severed from the Agreement and the remainder of the Agreement shall remain in force and in effect
This contract accepted by agent(s) for Jaqua Realtors® and Buyer’s Designated Agent Jaqua Realtors® further appoints Lee Crossley as Named Supervisory Broker Jaqua Realtors® may appoint additional licensees as Buyer’s Designated Agent(s) or Supervisory Broker(s) The original Buyer’s Designated Agent and all additional Designated Agent(s) and original Supervisory Broker and any additional Supervisory Broker shall continue to represent Buyer for the duration of this Agreement
Signature(s)
This is to inform potential Sellers or Buyers of the various agency choices available to them. Michigan law requires real estate licensees to advise the potential Sellers or Buyers with whom they work of the nature of their agency relationship. As used here, a “Service Provision Agreement” is a Buyer Agency Agreement or Listing Agreement executed by a Real Estate Broker and a Client that establishes an agency relationship. As used here, a “Limited Service Agreement” is a Buyer Agency Agreement or Listing Agreement executed by a Real Estate Broker and a Client that establishes an agency relationship, together with an additional written agreement, such as a Limited Service Waiver, wherein the Client agrees to waive one or more of those services set forth in paragraph (2)(b), (c), and (d), below.
A Real Estate Broker or Real Estate Salesperson may function in any of the following capacities.
• Represent the Seller as an authorized Seller’s Agent or Subagent
• Represent the Seller as an authorized Seller’s Agent or Subagent pursuant to a Limited Service Agreement
• Represent the Buyer as an authorized Buyer’s Agent
• Represent the Buyer as an authorized Buyer’s Agent pursuant to a Limited Service Agreement
• Represent both the Seller and Buyer as a Dual Agent, authorized by both Seller and Buyer
• Represent neither the Seller nor Buyer as an Agent, but provide services authorized by the Seller or Buyer to facilitate a transaction as a Transaction Coordinator
Before you disclose confidential information to a real estate licensee regarding a real estate transaction, you should understand what type of agency relationship you have with that licensee. A real estate transaction is a transaction involving the sale or lease of any legal or equitable interest in real estate consisting of not less than 1 or not more than 4 residential dwelling units or consisting of a building site for a residential unit on either a lot as defined in Section 102 of the Land Division Act, 1967 PA 288, MCL 560.102, or a condominium unit as defined in Section 4 of the Condominium Act, 1978 PA 59, MCL 559.104.
(1)An Agent providing services under any Service Provision Agreement owes, at a minimum, the following duties to the Client:
(a)The exercise of reasonable care and skill in representing the Client and carrying out the responsibilities of the agency relationship.
(b)The performance of the terms of the Service Provision Agreement.
(c)Loyalty to the interest of the Client.
(d)Compliance with the laws, rules, and regulations of this state and any applicable federal statutes or regulations.
(e)Referral of the Client to other licensed professionals for expert advice related to material matters that are not within the expertise of the licensed Agent.
(f)An accounting in a timely manner of all money and property received by the Agent in which the Client has or may have an interest.
(g)Confidentiality of all information obtained within the course of the agency relationship, unless disclosed with the Client’s permission or as provided by law, including the duty not to disclose confidential information to any licensee who is not an Agent of the Client.
(2)A Real Estate Broker or Real Estate Salesperson acting pursuant to a Service Provision Agreement shall provide the following services to his or her Client:
(a)When the Real Estate Broker or Real Estate Salesperson is representing a seller or lessor, the marketing of the Client’s property in the manner agreed upon in the Service Provision Agreement.
(b)Acceptance of delivery and presentation of offers and counteroffers to buy, sell, or lease the Client’s property or the property the Client seeks to purchase or lease.
(c)Assistance in developing, communicating, negotiating, and presenting offers, counteroffers, and related documents or notices until a purchase or lease agreement is executed by all parties and all contingencies are satisfied or waived.
(d)After execution of a purchase agreement by all parties, assistance as necessary to complete the transaction under the terms specified in the purchase agreement.
(e)For a Broker or Associate Broker who is involved at the closing of a real estate or business opportunity transaction, furnishing, or causing to be furnished, to the Buyer and Seller, a complete and detailed closing statement signed by the Broker or Associate Broker showing each party all receipts and disbursements affecting that party.
SELLER’S AGENTS
A Seller’s Agent, under a Listing Agreement with the Seller, acts solely on behalf of the Seller. A Seller can authorize a Seller’s Agent to work with Subagents, Buyer’s Agents and/or Transaction Coordinators. A Subagent of the Seller is a licensee who has agreed to work with the Listing Agent, and who, like the Listing Agent, acts solely on behalf of the Seller. Seller’s Agents and their Subagents will disclose to the Seller known information about the Buyer which may be used to the benefit of the Seller. Individual services may be waived by the Seller through execution of a Limited Service Agreement. Only those services set forth in paragraph (2)(b), (c), and (d) above may be waived by the execution of a Limited Service Agreement.
A Buyer’s Agent, under a Buyer’s Agency Agreement with the Buyer, acts solely on behalf of the Buyer. Buyer’s Agents will disclose to the Buyer known information about the Seller which may be used to benefit the Buyer. Individual services may be waived by the Buyer through execution of a Limited Service Agreement. Only those services set forth in paragraph (2)(b), (c), and (d) above may be waived by the execution of a Limited Service Agreement.
A real estate licensee can be an Agent of both the Seller and the Buyer in a transaction, but only with the knowledge and informed consent, in writing, of both the Seller and the Buyer. In such a dual agency situation, the licensee will not be able to disclose all known information to either the Seller or the Buyer, and Seller and Buyer are giving up their right to undivided loyalty. As a Dual Agent, the licensee will not be able to provide the full range of fiduciary duties to the Seller or the Buyer. The obligations of a Dual Agent are subject to any specific provisions set forth in any agreement between the Dual Agent, the Seller and the Buyer.
A Transaction Coordinator is a licensee who is not acting as an Agent of either the Seller or the Buyer, yet is providing services to facilitate a real estate transaction. The Transaction Coordinator is not an Agent for either party and therefore owes no fiduciary duty to either party. The activities of a Transaction Coordinator may include:
• Providing access to and showing of property
• Providing access to market information
• Providing assistance in the preparation of a buy and sell agreement
• Presenting a buy and sell agreement and any subsequent counter-offers
• Assisting parties in undertaking steps necessary to carry out the buy and sell agreement, such as execution of documents, obtaining financing, obtaining inspections, etc.
A real estate licensee does not have any expertise or responsibility in the following areas, and licensee recommends the parties seek assistance from professionals trained in these fields and other areas as the parties deem appropriate:
• Appraisal
• Engineering • Mechanical Systems • Hazardous Materials • Environmental Matters • Structural Conditions • Tax Matters
Financing
Law
Surveying
LICENSEE DISCLOSURE (check one or more as applicable)
I hereby disclose that the agency status I/we have with the Buyer or Seller below is:
Seller’s Agent
Seller’s Agent – Limited Service Agreement
Buyer’s Agent
Buyer’s Agent – Limited Service Agreement
Dual Agent
Transaction Coordinator (a licensee who is not acting as an Agent of either the Seller or the Buyer)
A Buyer or Seller with a Designated Agency Agreement is represented only by the licensees specifically named in the agreement. Any licensees of the firm not named in the agreement do not represent the Buyer or Seller. The named “Designated Agent” acts solely on behalf of his or her Client and may only share confidential information about the Client with the licensee’s Supervisory Broker who is also named in the agreement. A Supervisory Broker is one who assists and advises a Designated Agent for the benefit of the Agent’s Seller or Buyer. Other licensees in the firm have no duties to the Buyer or Seller and may act solely on behalf of another party in the transaction.
Two Designated Agents from the same firm may each represent a different party in the same transaction or potential real estate transaction and shall not be considered Dual Agents. In such a transaction, however, the Broker is considered a consensual Dual Agent for purposes of that transaction. If the Designated Agent for one party in a transaction is also the Designated Agent for the other party in the transaction, the Designated Agent is considered a consensual Dual Agent for purposes of that transaction.
A Designated Agent’s knowledge of confidential information of a Client is not imputed to any other licensee within the Designated Agent’s firm unless the other licensee also has an agency relationship with the Client. A Designated Agent does not breach any duty or obligation owed to the Client by failing to disclose to the Client confidential information obtained through a present or prior agency relationship with a different client.
AFFILIATED LICENSEE DISCLOSURE (check one)
DESIGNATED AGENT – Only the licensee’s Broker and a named Supervisory Broker have the same agency relationship as the licensee named below. If the other party in a transaction is represented by an affiliated licensee, then the licensee’s Broker and all named Supervisory Brokers shall be considered consensual Dual Agents. ALL affiliated licensees have the same agency relationship as the licensee named below.
Further, this form was provided to the Buyer or Seller before disclosure of any confidential information.
By signing below, the parties acknowledge that they have received and read the information in this agency disclosure statement and acknowledge that this form was provided to them before the disclosure of any confidential information.
THIS IS NOT A CONTRACT. The Undersigned ____DOES ____DOES NOT have any agency relationship with any other real estate licensee. If an agency relationship exists, the undersigned is represented as ____SELLER ____BUYER.
To set up your home search portal to receive homes currently for sale that meet your needs and preferences, please complete the following:
Price Range (If known): $ to $
Style: Bedrooms: Bathrooms: Sqft:
Lot/Land: Basement: Garage (Size):
Desired Features:
School District:
Age: Other Rural City Location: Suburb
New Construction? Foreclosure/ Short Sale? Condo
Special Needs: Under 20 years 1-10 years
Other:
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Buyers must consider one-time and ongoing costs of being a homeowner, based on national averages.
One-time home buying expenses - One-time expenses include a down payment, appraisal fee, inspection fee, buyer agent's commission and closing costs.
Ongoing homeowner expenses - Typical ongoing expenses include mortgage payment, property tax, homeowner’s insurance, mortgage insurance, homeowner association dues, maintenance and utilities.
Earnest Deposit
How much? 1% of sale price or more
Home Inspection
$400-$600 - Mechanical, Structural, Electrical, Health & Safety
Pest Inspection
$60 - $100
Radon Test
$150 - $175
Additional Inspections
Zoning, Well/Septic, Line Score, Soil Evaluation, Survey, Assessments
First Year Of Homeowner Insurance
Contact your insurance agent - call Arcadia Insurance
Down Payment
0%, 3%, 5%, 10% 20% or more
Appraisal Fee
$450 to $650
Closing Costs, Prepaids, Points, Buyer Pays/Seller Pays?
Typically 3% to 6% of sale price - call Summit Home Mortgage
Main Floor Primary
Bathtub in Primary Bath
Double Vanities/Dual Sinks in the Primary
Heated Primary Bath Floors
Bathtub in Other Full Bathrooms
Multi-generational Living Space/Area
Formal Dining Room/Area
Center Island in the Kitchen
Bar Area
Oversized Pantry
Specific Space for Appliances
Main Floor Laundry
Mudroom/Storage Near Garage Entrance
Gas Fireplace
Wood Fireplace
Hardwood Floors
Pet Space/Shower
Large Front Yard
Front Porch
Curbed Lot
Sidewalks
Finished Basement
High Speed Internet
Smart Home Technology
Solar Panels/Alternate Forms of Energy
Energy Efficiency Rating
Fenced-In Yard
Lawn Irrigation System
Deck or Patio Space in Backyard
In-Ground Pool or Above Ground
Hot Tub
Pole Barn (with electricity)
Shed or Outdoor Storage Space
Deliver a complete signed copy of the agreement to you
Process earnest money via check /wire /Earnnest (app) and open escrow for the sale
Submit sales agreement to the lender and title company
Order title insurance (mortgage policy)
Schedule inspections (home, pest, radon, etc) with you, seller and inspector
Coordinate access to the property with seller and inspectors
Attend inspections and receive written report for review
Review inspection reports with you and discuss concerns
Some inspections could reveal conditions that require additional inspections to determine the condition of the home. An advisable step is to get your homeowners insurance quote at this time and have their insurance agent pull a CLUE report to check for past insurance claims on the property
Arrange for contractor quotes for repairs if needed
Prepare and submit a repair addendum to negotiate repairs
Finalize repair negotiations and provide signed repair agreement to all parties
Other concessions are possible: price reduction, seller credits, home warranty
Confirm loan application is complete
Confirm well and septic inspection has been scheduled if necessary
Review well and septic reports with you
Prepare a repair addendum with you to negotiate repair for well or septic if any
Some well and septic repairs can create delays in closing or require that an escrow is established to complete repairs after closing
Receive and review the owner's title commitment with you
Confirm the legal description, deed or HOA restrictions that affect your intended use, and research unknown special assessments, or other parties with an interest in the property
Prepare and submit an addendum to negotiate any title related issues that need to be addressed
It is important to know what your intended use is ahead of time to avoid purchasing a home with use restrictions that negatively impact you
Coordinate the appraisal appointment with the listing agent
Confirm appraisal delivery and underwriting approval with the lender
Appraisers give an opinion of value which sometimes does not agree with the sales price. They also can comment on the condition of the house which can result in additional requirements by the lender
Request an update from lender on loan approval or any outstanding loan conditions
Lending may require additional documentation throughout the approval process from you
Confirm “clear to close” with the lender
Coordinate closing date / time with you, seller, listing agent, lender and title company
You or the seller may be out of town for closing. A remote closing can be scheduled to help accommodate everyone's needs
Confirm that you have secured homeowners insurance
Coordinate utility information and transfers between you and listing agent/seller
Schedule and conduct final walk through
Prepare an addendum to negotiate repairs for any new damage to the property or if there are any unexpected issues
Receive and review the final settlement statement with you
Deliver closing documents to you for review before closing, if interested
Attend closing
Follow up with you post closing
I will assist in negotiating the best price, terms and provide you with information to help you decide the appropriate offer. Additionally as an expert on the housing market, I keep up-to-date with housing trends, negotiating techniques and property intelligence which will help you draft the strongest offer with contingencies needed to protect your investment. I will always keep your position and strategies confidential.
• Your Interest - I help gauge how closely the house meets your needs
• Property Facts - I check the neighborhood, provide a comparable market analysis and verify property facts
• Seller Information - I try to gain as much information about the seller and their motivation
• Market Information - I provide you with information about other interest in the property
• Advocate for your needs and interest
• Use the gathered information to improve your position
• Concentrate on the terms that are important to you
• Utilized a variety of tools to help ensure a successful outcome
• Attempt a short back and forth
• Star t with an end in mind
• Use verbal and written tactics
• Establish who has the better position
• Maintain good faith to keep emotions low
1 2
Interview
Initial meeting to review your needs
Secure Financing
Meet with a mortgage lender for pre-approval
3 4 5
View Properties
Set up MLS search, and provide access to properties
Submit An Offer
Negotiate on your behalf
Offer Accepted
Deposit earnest money, coordinate inspections, negotiate repairs and resolve contingencies
6 7 8
Lender Coordinates
Submit formal loan application and appraisal to underwriter
Title Review
Coordinate title search and commitment
Loan Approved
Loan documents sent to title company
9 10 11 CONGRATS Home Owner
Insurance & Utilities
Secure home owner’s insurance and set up transfer of utilities
Final Walk Through
Final walk through of home to confirm condition of home
Closing
Sign all paperwork and receive keys to home !
AUTHORIZED BUY & SELL AGREEMENT (“Agreement”) OF THE GREATER KALAMAZOO ASSOCIATION OF REALTORS® Form#:______
Date ___________________, 20_____ MLS No.
1.
A. EFFECTIVE DATE: This Agreement shall be binding on the date of: (1) delivery to Buyer or Buyer’s Broker of Seller’s written acceptance of Buyer’s offer; or (2) delivery to Seller or Seller’s Broker of Buyer’s written acceptance of Seller’s counteroffer. This date shall be referred to as the “Effective Date”.
B. DELIVERY: Delivery shall be effective at the time: (1) of personal service; (2) sent by email; (3) sent by facsimile with a successful confirmation page; (4) sent by any other electronic means then commonly in use; or (5) of any other means permitted by applicable state or federal statute
C. DAYS: Any reference to “days” in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date.
D. TIME: Any reference to “time” refers to Kalamazoo, Michigan time.
E. BROKERS: The terms “Broker” and “Brokers” refer collectively to the listing and selling real estate brokers, the brokers’ officers, directors, agents, employees and assigns.
F. PARTIES: Buyer and Seller are collectively referred to as the “Parties”; singularly, “Party”
2. PRIOR OFFERS: This offer terminates any prior offers or counteroffers between The Parties for The Property.
3. CONFIDENTIALITY DISCLAIMER: Buyer acknowledges Buyer has been advised that Seller and Seller’s Broker are not required to keep the terms of Buyer’s offer confidential. The Parties further acknowledge that the sale price and terms will be disclosed to the Greater Kalamazoo Association of REALTORS® MLS, who may use it in the ordinary course of business.
4. SALE PRICE: ________________________________________________________________ ($ __________________) Dollars
5. PROPERTY DESCRIPTION: Buyer agrees to buy and Seller agrees to sell The Property, commonly known as, ___________________________, MI __ (Property Street Address Full Mailing Address) (Zip)
The Property is: located in the CITY VILLAGE TWP. of , ___________ County, (City/Village/Township Name) (County Name) Michigan; subject to existing zoning ordinances; and legally described as: (“The Property”) . TAX ID# ______
6. THE PROPERTY SHALL INCLUDE (if present at The Property on the above date):
A. All buildings, improvements, appurtenances, including all landscaping and plantings; and
B. All fixtures, including, but not limited to: plumbing; electrical; indoor & outdoor lighting fixtures and their bulbs and shades; heating and air conditioning equipment (excluding window units & portable units); garage door openers; antennas & satellite dishes; ceiling fans; wall-mounted hardware for TV’s (excluding TV’s); wood burners, fireplace inserts & gas logs; drapery & curtain hardware; window shades & blinds; wall-to-wall carpeting; stationary laundry tubs; water conditioning/filtration equipment (unlessrented); water heaters (unlessrented); sump pumps; LP tanks (unlessrented); water pumps & pressure tanks; underground sprinkling systems; built-in kitchen appliances; awnings; mail boxes; stationary outdoor grills; above-ground & underground pet fencing; and
C. The following items, if affixed: security systems; outdoor play equipment; work benches; cabinetry; shelving; mirrors; smoke/fire detectors; carbon monoxide detectors; thermostats & timers; under-cabinet appliances; sound system wiring & speakers; and
D. The following items, whether affixed or not: storage sheds; pools & pool equipment; hot tubs & spas & all related equipment; screens, storm windows & doors; fireplace doors, screens & grates; and
E. Other (list all appliances, controls, and other items that Buyer intends to be included in sale):
F. Fuel: Seller agrees that the existing supply of heating and cooking fuel (such as propane, fuel oil, firewood, pellets, etc.) shall be depleted only in the course of normal usage. Buyer shall be entitled to all such fuel owned by Seller and located or stored upon The Property at the time of possession. Buyer is advised that the fuel may be owned by Seller, a supplier, or anotherparty
G. Rented items shall be excluded: Seller shall supply Buyer a list of all rented or leased items within three (3) days after the Effective Date ALSOEXCLUDEDFROM THESALE:
8. CLOSING: Sale shall be closed on a day and time mutually agreeable to The Parties, not earlier than and not later than _______________________. Buyer and Seller shall each pay their title company closing fee, if any, except Seller shall pay Buyer’s closing fee and wood destroying insect inspection fee(s) if required by a VA lender. Seller shall pay real estate transfer taxes at the time the deed is delivered.
9. POSSESSION: Buyer shall be entitled to possession of The Property as follows: (Check one box)
At the completion of closing. OR
Seller shall pay to Buyer at closing, a non-refundable delayed possession fee of $______________________, and shall have the right to possession of The Property until 11:59 pm on the _______ day after the day of closing.
Seller shall not be entitled to possession after the time agreed above. Unless otherwise provided in writing and signed by The Parties, Seller shall provide possession of The Property free from the rights of any other person or entity, including, but not limited to, tenants. At the time of transfer of possession of The Property, Seller shall have removed all personal property (unless otherwise stated in this or an additional written agreement), made arrangements for final payment on all utilities, and shall deliver all keys to Buyer.
The Property shall be free and clear of trash and debris; buildings and improvements shall be left in broom-clean condition. Seller shall maintain The Property in its present condition until time of possession in this transaction, normal and reasonable wear excepted. Seller shall pay for utilities and for any repairs due to damage caused by the Seller to The Property after closing and before transfer of possession. Seller is responsible for obtaining any insurance Seller deems necessary
If Seller fails to give possession to Buyer as provided, Seller shall pay Buyer $ ________ for each day that Seller retains The Property beyond the agreed time and shall be liable for all court costs and reasonable actual attorney fees incurred by Buyer in obtaining possession and collecting the amount due.
10. SELLER’S REPRESENTATIONS: The following representations shall survive the closing and, except as otherwise disclosed in writing, Seller represents that:
A. There is no pending or threatened litigation, administrative action or claim relating to The Property.
B. Seller has not been notified of any assessments to be placed on The Property.
C. The Seller is the owner of title to The Property in the condition required for performance hereunder.
D. The Property is not a new landdivision under the Land Division Act and Seller owns no other contiguous, unplatted land unless otherwise disclosed in writing. Seller is transferring to Buyer all available divisions, if any, under Section 108 of the Land Division Act but makes no representations as to the number. Buyer has not relied on any information or opinions of the Brokers on this matter.
E. To the best of the Seller’s knowledge, there are no existing violations of any laws, statutes, ordinances, regulations, orders or requirements of any governmental authority affecting The Property.
11. LEASE OR RENTAL REPRESENTATIONS: If The Property is rented to tenants;
A. Seller shall notify Buyer in writing of the possession rights of any person or entity, including, but not limited to, tenants. Seller shall provide copies of all leases and security deposit information to Buyer within three (3) days after the Effective Date. This Agreement is contingent upon Buyer's written acceptance of those possession rights, leases and security deposit information within five (5) days after receipt of the notice and copies. If Seller does not provide notice and copies within three (3) days, Seller warrants that no other person or entity has possession rights. If Buyer receives notice and copies and neither accepts nor rejects these items within the five (5) days, Buyer shall be deemed to have accepted them and this contingency shall be deemed satisfied.
B. None of the tenants occupying The Property shall be entitled to any concessions, rebates, allowances or free rent for any period after the Closing Date.
C. After the date hereof, the Seller will not enter into any agreement pertaining to The Property or any modification of, or release from, an existing lease or rental agreement, without the prior written consent of Buyer.
12. SELLER’S DISCLOSURE STATEMENT: Buyer has HAS NOT received a completed and signed copy of Seller’s Disclosure Statement #____________dated or revised_____________. Seller hereby certifies that to the best of the Seller’s knowledge, the information contained in such Seller’s Disclosure Statement is current as of the date of this Agreement. Further, Seller agrees to inform Buyer in writing of any changes in the condition of The Property relating to the information contained in such disclosure statement.
13. LEAD BASED PAINT DISCLOSURE STATEMENT: Buyer has HAS NOT received BOTH an EPA PAMPHLET “Protect Your Family From Lead in Your Home” and a completed and signed copy of the Seller’s Lead Based Paint Disclosure Statement #_________________ dated ______________.If The Property was constructed prior to January 1, 1978, Buyer will not be obligated to the terms of this Agreement until ten (10) days after the above documents are received by Buyer. Seller is advised to complete a Lead Based Paint Disclosure regardless of the year the dwelling was built.
14. METHOD OF PAYMENT: All moneys must be paid in US funds by wire transfer, certified check, cashier’s check, or money order. The sale will be completed upon Seller’s delivery of a warranty deed conveying marketable title in accord with Buyer’s delivery of the sale price by the following method:
A. NEW MORTGAGE. This Agreement is contingent upon Buyer’s ability to obtain a(n)_______ (type) mortgage loan in the amount of $________ ______ or _______ % of the sale price. Buyer shall apply for the loan from ________ (name of financial institution–Lender) within ______ days after the Effective Date. Loan application shall include the payment of any appraisal fee, application fee, and all other costs customarily charged by Lender for loan approval. Buyer acknowledges that failure to complete the loan application as agreed shall constitute a default by Buyer. Buyer shall take no action that would impair Buyer’s credit or ability to obtain the loan and shall accept such loan if offered. Buyer may waive this mortgage loan contingency by written notice to Seller and pay cash as provided in subparagraph B below.
Seller may terminate this Agreement by written notice to Buyer if Buyer fails to provide Seller with evidence of loan approval by 11:59 pm ___________________ (“Loan Approval Deadline Date”). If Buyer is unable to obtain written verification of Lender’s approval, Buyer may provide oral verification from Lender to Seller. If said loan approval is acceptable to Seller, no response shall be necessary.
If Seller reasonably determines that the evidence of loan approval is inadequate or unacceptable and if Seller therefore wishes to terminate, Seller must deliver written notice of termination of this Agreement by 11:59 pm on the third (3) day after the Loan Approval Deadline Date. If Seller so terminates, Buyer may waive this mortgage contingency and void the termination by delivering written notice of such waiver to Seller by 11:59 pm on the third (3) day after Seller’s delivery of termination. If Buyer waives this mortgage contingency and subsequently fails to close due to Buyer’s failure to secure financing, Buyer shall be considered in default in this Agreement.
BUYER HEREBY INSTRUCTS LENDER TO RELEASE TO SELLING BROKER AND SELLER OR LISTING BROKER INFORMATION CONCERNING COMPLETION OF LOAN APPLICATION AND STATUS OF LOAN APPROVAL.
B. CASH. Buyer will pay the sale price by certified check, cashier’s check, or wire transfer.
C. LAND CONTRACT. See attached GKAR Land Contract Addendum # .
15. FINANCIAL CONTINGENCIES: If none of the boxes below are checked, Buyer represents that no sale, release of liability nor event of any kind, other than as specified herein, is required for Buyer to complete this Agreement. Further, Buyer represents that all of the funds necessary to complete this Agreement, on the terms specified, are currently available to Buyer in cash or an equally liquid equivalent. If any of the boxes below are checked, Buyer shall notify Seller in writing within forty-eight (48) hours of any changes that may delay or materially affect the consummation of this Agreement, such as, but not limited to, changes in the terms or progress of a pending sale upon which this Agreement is contingent or changes in the progress or likelihood of any of the items detailed in D below. In such an event, Seller may terminate this Agreement by written notice to Buyer within forty-eight (48) hours of receipt of said notice from Buyer. Failure of Buyer to notify Seller of such changes, or a default by Buyer in consummating the items checked below, shall be considered a default in this Agreement.
A. CLOSE OF PENDING REAL ESTATE SALE. This Agreement is contingent on the close of the pending sale of the property located at__________________________________________________________________________________.
A copy of the agreement to sell or exchange Buyer’s property is being delivered to Seller along with this offer, along with copies of any further pending sales upon which Buyer’s property sale is contingent.
B. SALE AND CLOSING OF REAL ESTATE. This Agreement is contingent upon Buyer entering into and delivering to Seller on or before 11:59 pm ________________(date) proof of a binding agreement for the sale of Buyer’s property located at _______________ ____________________________________________________________.
This Agreement is further contingent upon Seller’s review and acceptance of said agreement and any agreements upon which that agreement is contingent. Buyer is, therefore, advised to consider making acceptance of any such agreement contingent upon this Seller’s acceptance. If unacceptable to Seller, in Seller’s sole discretion, Seller shall notify Buyer in writing within twenty-four (24) hours of receipt of said binding agreement(s). If acceptable to Seller, Seller and Buyer acknowledge that this Agreement shall then be contingent upon the closing of the sale of Buyer’s property and any sales upon which Buyer’s property sale is contingent. Seller and Buyer are advised to detail in writing any changes in the terms of this Agreement necessitated by the pending sale of Buyer’s property.
C. APPRAISED VALUE. Buyer may terminate this Agreement in writing within three (3) days of Buyer being notified that The Property appraised below the sales price. The appraisal shall be conducted by a licensed appraiser and paid by Buyer. If Buyer indicates The Property appraised below sales price, Buyer shall provide a copy of the appraisal to Seller upon request.
D. OTHER: (check all that apply): Buyer’s ability to consummate this Agreement is contingent upon the following: Divorce settlement Legal settlement Withdrawal of retirement funds Receipt of gift Sale of personal property Receipt of inheritance Home equity line of credit Other:
FurtherExplanation:
16. DISCLAIMER: Buyer understands and agrees that the Brokers do not warrant: The Property’s boundaries, the size of the land, the size of the buildings and improvements; the condition of The Property or; that appropriate permits were obtained for repairs or other work performed on buildings or improvements. Buyer understands and agrees that the Brokers do not assume any responsibility for the representations made by Seller. It is further understood that no representations or promises have been made
to Buyer by the Brokers, or by Seller other than those contained in this Agreement or as otherwise made or given by Seller to Buyer inthewrittendisclosurestatement(s).ThePartiesunderstandthat Brokersarenotenvironmentalexperts.Unlessexpresslycontained in a written instrument signed by the Brokers, Brokers have no knowledge of and make no representations regarding the environmental condition of The Property, the existence of underground storage tanks at The Property now or in the past, whether The Property is, has been or may be listed as a site of environmental contamination, or whether any such sites are located in the proximity of The Property. If Buyer or Seller requests the Brokers to recommend inspectors, repairmen or other professionals, The Parties agree that the Brokers shall not be liable for errors or omissions made by said inspectors, repairmen or other professionals. 17.
A. Buyer Acknowledgment: Buyer acknowledges that Buyer has been advised to carefully evaluate The Property to determine its condition and suitability for Buyer’s intended use. Buyer is aware that inspectors and inspection services are available to aid Buyer in these evaluations. Items Buyer should evaluate include, but are not limited to: structural integrity; condition of mechanical systems; infestation by termites or other wood-destroying insects; environmental concerns such as underground storage tanks or abandoned uncapped wells; health or safety issues, including radon and mold; zoning; assessed valuation, including the Principal Residence Exemption status and any possible changes to that status; the size of the land; the size of the buildings and improvements; the availability of utilities, including the cost to extend or hook-up; soil erosion or settling; the existence of wetlands; location within a flood zone; the availability of homeowner’s insurance or flood insurance at a cost acceptable to Buyer; items on The Property that may be rented, including their rental terms & conditions, such as water conditioning equipment, water heaters & propane tanks.
B. Buyer Investigation Period: Buyer shall have until 11:59pm, ten(10) days afterthe Effective Date to investigate TheProperty (“Investigation Period”). During the Investigation Period, Buyer and Buyer’s investigators shall have reasonable access to The Property to conduct investigations as Buyer deems necessary. Buyer agrees to defend, indemnify and hold Seller harmless from any physical damage to persons or property resulting from such investigations. To the extent The Property is damaged due to any of Buyer’s investigations, Buyer agrees to restore The Property to its previous condition. Buyer is solely responsible for ordering and paying for any inspections and evaluations, except, if Buyer has elected to use VA financing, Seller shall pay for the wood destroying insect inspection at closing.
C. Seller Responsibility Concerning Utilities: Seller shall have the following utilities, if attached, turned on for Buyer’s investigations, appraisals and final inspection: electric, natural gas, propane, heating oil, sewer and water. Seller shall be solely responsible for de-winterization, re-winterization and any and all costs and procedures associated with this subparagraph.
D. Results of Investigations: If any investigation reveals a condition unacceptable to Buyer, then, prior to the expiration of the Investigation Period, Buyer may pursue one of the following resolutions (D1 or D2):
1. Buyer may Deliver to Seller a written request for corrective action(s) on the GKAR Investigations Addendum, or a similar notice, and may include any documentation, reports, and/or cost estimates that Buyer deems appropriate
a. Seller shall have until 11:59 pm, five (5) days after receipt of the Investigations Addendum, or a similar notice, to respond to Buyer in writing as to whether Seller will agree to pay for and/or perform said requested corrective action(s).
b. If Seller rejects any part of Buyer’s request in writing, Buyer shall have until 11:59 pm, three (3) days after receipt of Seller’s written rejection to terminate this Agreement in writing.
c. If Seller does not respond in writing, Buyer shall have until 11:59 pm, three (3) days after the expiration of Seller’s allowed five (5) day period to terminate this Agreement in writing. OR
2. Buyer may terminate this Agreement by providing written notice of the termination to Seller within the Investigations Period At Seller’s sole option and request, Buyer shall provide Seller with a copy of any inspection report or portion thereof or such other documentation obtained per this paragraph that Seller deems useful to Seller.
E. Waiver of Contingencies: BUYER AGREES THAT THE CONTINGENCIES IN THIS PARAGRAPH SHALL BE DEEMED TO HAVE BEEN WAIVED IF (1) BUYER FAILS TO DELIVER WRITTEN NOTICE OF BUYER’S PROPOSED RESOLUTION TO SELLER WITHIN THE INVESTIGATION PERIOD OR (2) BUYER FAILS TO TERMINATETHISAGREEMENTINWRITINGASPROVIDEDABOVE. IFTHESE CONTINGENCIES AREWAIVED, OR IF BUYER ELECTS TO CLOSE THIS TRANSACTION, BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE PROPERTY IN ITS “AS-IS” CONDITION AS IT RELATES TO THIS PARAGRAPH AS OF THE DATE OF CLOSING, SUBJECT TO THE PROVISIONS OF PARAGRAPH 9
18. WELL/WATER/SEPTIC SYSTEM INVESTIGATIONS:
A. Buyer Acknowledgment: Buyer acknowledges that Buyer has been advised to carefully evaluate The Property for satisfactory well, water and septic systems. Buyer is aware that inspectors and inspection services are available through private companies and/or County Health Departments to aid Buyer in these evaluations. Items Buyer should evaluate include, but are not limited to: location of systems on The Property, availability and cost of municipal water and/or sewer services current or proposed, currentcoderequirements,wellconstructionandfunction,waterqualityandvolume,distancefromcontaminants,septicsystem construction and function, septic system sizing and life expectancy, and availability of space for relief systems.
B. Evaluations: If The Property is serviced by a water well and/or septic system, Seller agrees to order by 11:59 pm five (5) days after the Effective Date and promptly provide to Buyer, at Seller’s expense, evaluation report (s) from: _________________________________(Insert County or private inspection companies. If left blank Seller shall choose.) regarding the condition of the septic system and well and tests for nitrates and bacteria in the water. Any water evaluation beyond tests for nitrates and bacteria shall be Buyer’s responsibility and expense.
C. Results of Investigations: If the evaluation report(s) in any of the above circumstances disclose(s) a condition which Buyer reasonably deems unacceptable, Buyer shall notify Seller of such condition and requested corrective action in writing by 11:59 pm five (5) days after Buyer has received the applicable report(s). If Seller does not agree or fails to respond in writing by 11:59 pm fifteen (15) days after receipt of Buyer’s requested corrective action, Buyer shall have the right to terminate this Agreement by providing written notice to Seller within three (3) days after receipt of Seller’s written refusal (if any) or from the expiration of Seller’s allowed time, whichever first occurs.
D. Waiver of Contingencies: BUYER AGREES THAT THE CONTINGENCY PROVIDED BY THIS PARAGRAPH SHALL BE DEEMED TO HAVE BEEN WAIVED IF (1) BUYER FAILS TO PROVIDE WRITTEN NOTICE OF A CONDITION DEEMED UNACCEPTABLE BY 11:59 PM FIVE (5) DAYS AFTER BUYER HAS RECEIVED THE APPLICABLE REPORT(S) OR (2) BUYER FAILS TO TERMINATE THIS AGREEMENT IN WRITING AS PROVIDED ABOVE. IF THESE CONTINGENCIES ARE WAIVED, OR IF BUYER ELECTS TO CLOSE THIS TRANSACTION, BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE PROPERTY IN ITS “AS IS” CONDITION AS OF THE DATE OF CLOSING, SUBJECT TO THE PROVISIONS OF PARAGRAPH 9 19. TITLE EVIDENCE: Seller agrees to convey marketable title to The Property subject to conditions, limitations, building and use restrictions and easements of record (“Exceptions”). As evidence of marketable title, Seller shall furnish Buyer, at Seller’s expense, an expanded coverage ALTA Homeowner’s Policy of Title Insurance (“Expanded Policy”), if available, in the amount of the sale price. Seller shall order the commitment for such policy, along with copies of the Exceptions and supporting documents, and shall deliver same to Buyer within ten (10) days after the Effective Date of this Agreement. If a survey or mortgage report is required by the commitment, it shall be completed at Buyer’s expense If an Expanded Policy is not available or if Buyer declines any required survey or mortgage report cost, Seller agrees to provide and Buyer agrees to accept a standard coverage ALTA Owner’s Policy of Title Insurance including all standard exceptions.
If the commitment discloses any title defect(s) or anything in the Exceptions which would interfere with Buyer’s intended use of The Property, Buyer must notify Seller in writing of Buyer’s objections within five (5) days after Seller’s delivery of the commitment and Exceptions. Further, if, prior to closing, Buyer shall become aware of new title defect(s), Buyer must notify Seller, in writing, within five (5) days after Buyer becoming aware of such defect(s).
If Seller receives any such notification, Seller shall have either thirty (30) days after Buyer’s delivery of written objection(s) or until the latest closing date set forth in Paragraph 8 of this Agreement, whichever first occurs, to resolve Buyer’s objection(s). If Seller is unable to cure the title defects(s), or unable or unwilling to resolve Buyer’s objection(s) to Exceptions within this time period, Buyer may terminate this Agreement in writing or proceed to closing, accepting the status of the title “AS IS”.
20. LOCATION OF BOUNDARIES AND IMPROVEMENTS: Buyer may, at Buyer’s expense, obtain a survey or mortgage report of The Property. If the survey or mortgage report reveals material differences in The Property’s boundaries or land area from that which was represented by Seller in writing, or encroachments, setback violations, or matters which would interfere with Buyer’s intended use of The Property (“Survey Defects”), Buyer shall furnish Seller with a copy of the survey or mortgage report, along with a written request that Seller correct the Survey Defect(s). These must be received by Seller no later than fifteen (15) days after delivery of the title commitment referenced in Paragraph 19 to Buyer. Seller shall respond in writing to Buyer within five (5) days as to whether or not Seller will correct the Survey Defect(s). If Seller does not agree to do so or fails to respond, Buyer shall have three (3) days from receipt of Seller’s written refusal (if any) or from the expiration of Seller’s allowed time, whichever first occurs, to terminate this Agreement in writing.
BUYER AGREES THAT THIS CONTINGENCY SHALL BE DEEMED WAIVED IF BUYER FAILS TO PROVIDE SELLER WITH A SURVEY OR MORTGAGE REPORT OR BUYER FAILS TO TERMINATE THIS AGREEMENT IN WRITING AS PROVIDED ABOVE. IF THIS CONTINGENCY IS WAIVED AND BUYER ELECTS TO CLOSE THIS TRANSACTION, BUYER SHALL BE DEEMED TO HAVE ACCEPTED THE LOCATION OF THE PROPERTY BOUNDARIES AND IMPROVEMENTS, “AS IS”.
21. PRORATIONS: Items normally prorated in real estate transactions, including association fees and assessments, rental income, taxes as discussed below, interest on any existing land contract, mortgage, or lien assumed by Buyer shall be adjusted to the date of closing in accordance with the calendar year. All rental security deposits shall be paid to Buyer at closing.
22. REAL ESTATE TAXES: The calendar year proration shall include all taxes billed or to be billed in the year of the closing. Calendar year tax bills will be estimated, if necessary, using the taxable value and the millage rate(s) in effect on the day of closing Proration shall be calculated on a per diem increment and prorated to the date of closing Seller shall pay for January 1 through the day before closing. If The Property’s Principal Residence Exemption (“PRE”) status for the calendar year in which the closing occurs will change as a result of the closing, the new PRE status shall be used.
If the current PRE percentage claimed by Seller is greater than zero, Seller represents that such claim by Seller is accurate and lawful. Such representations shall survive the closing. Seller shall defend, indemnify and hold Buyer harmless from any loss, claim or damage resulting from any inaccuracy in such representations. Such loss, claim or damage shall include, but shall not be limited to, any loss, claim or damage resulting subsequently to Buyer from the tax proration calculation made at the time of closing or from the change in PRE status by the municipality for any prior years. Seller shall also be responsible for reasonable actual attorney fees incurred by Buyer in enforcing the provisions of this paragraph, regardless of whether suit is actually filed. The representations and obligations under this paragraph may only be terminated by a separate written document signed by The Parties specifically referring to this paragraph by number.
23. SPECIAL ASSESSMENTS: Special assessments levied on The Property shall be handled as follows:
A. Existing special assessments, whether there is a lien or not, which can be paid in full and permanently discharged shall be paid by Seller at close of sale.
B. Existing special assessments which have ongoing installments and cannot be paid in full and permanently discharged shall be prorated as referenced in the paragraph entitled Prorations. This type of assessment is generally for services or maintenance, including, but not limited to: street lighting, lake weed control, emergency services, etc.
C. Special assessments which are levied on The Property after the Effective Date shall be the responsibility of Buyer.
24. WATER/SEWER CHARGES: Seller shall be responsible for water and sewer charges until date of possession. The cost of water and sewer hookups after closing shall be paid by Buyer. If The Property is not presently served by these utilities, Buyer is advised to consult with the local units of government for information regarding when and if such hookup is or may be required, feasibility and cost of such hookup, and whether any assessment will be imposed at that time.
25. CASUALTY: In the event that, on or before the closing date, The Property becomes damaged by fire, storm or other casualty, and the cost to repair same is in excess of 10% of the sale price, either Party shall have the right to rescind this Agreement by written notice to the other Party within seven (7) days after receiving notice of such casualty, and Buyer shall be entitled to a refund of any earnest money.
26. HOME PROTECTION PLAN: The Parties have been informed that home protection plans are available. Such plans may provide additional protection and benefit to the Parties.
27. EARNEST MONEY: Buyer has delivered to Broker or shall deliver to Broker within forty-eight (48) hours of the Effective Date $ _________________________ (dollars) as earnest money evidencing good faith. Broker is required by law to deposit the earnest money in separate custodial or trust account within two (2) banking days after this Agreement is signed by The Parties. If the offer made is not accepted or if the sale is not closed due to a failure to satisfy a contingency specified herein for a reason other than default of Buyer, the earnest money shall be refunded to Buyer. The earnest money will be applied to the sale price at closing.
28. EARNEST MONEY DISPOSITION: If this Agreement is not closed in the time and manner provided, or if either Party terminates as provided in this Agreement, the disposition of earnest money may be resolved in any of the following ways:
A. The Parties may agree in writing to the disposition of the earnest money;
B. Either Party may file a lawsuit regarding the disposition of the earnest money;
C. Broker may deposit the funds by interpleader with a court of proper jurisdiction. The Parties agree to reimburse Broker for all costs incurred by Broker in filing the interpleader action, including actual attorney’s fees, regardless of the outcome; Broker shall continue to hold earnest money until it receives a written agreement signed by The Parties, a final Court Order, or the Broker has deposited the funds with the Court in accordance with an interpleader action In the event of litigation involving the earnest money, the non-prevailing Party, as determined by the court, shall reimburse the other Party and the Brokers for reasonable actual attorneys’ fees and expenses incurred in connection with the litigation.
29. DEFAULT: If Buyer defaults, Seller may enforce this Agreement, or may declare Buyer’s right to purchase terminated, retain the earnest money, and pursue Seller’s legal remedies. If Seller defaults, Buyer may enforce this Agreement, or may demand return of the earnest money and pursue Buyer’s legal remedies. Broker(s) have no responsibility for the performance of this Agreement by the Parties
30. ALTERNATIVE DISPUTE RESOLUTION: The Parties acknowledge that they have been informed that any claim or dispute between them related to this Agreement, may be mediated or arbitrated if Seller and Buyer agree in a separate writing.
31. LEGAL COUNSEL: Buyer acknowledges that Broker(s) have recommended that Buyer retain an attorney to review the marketability of title to The Property. The Parties acknowledge that Broker(s) have recommended that they each retain an attorney to ascertain that the requirements of this Agreement have been met.
32. DUE ON SALE: Seller understands that consummation of the sale or transfer of the property described in this Agreement shall not relieve the Seller of any liability that Seller mayhave under the mortgage(s) to which the property is subject, unless otherwise agreed to by the lender or required by law or regulation.
33. CONSENT TO FEES: The Parties acknowledge that Brokers may be offered placement fees, finder’s fees or other consideration from others who become involved in the sale of The Property. The Parties hereby grant Brokers permission to receive such fees and/or consideration, unless otherwise agreed in writing.
34. COUNTERPARTS/SIGNATURES: This Agreement may be signed in one or more counterparts each of which will be deemed to be an original copy of this Agreement and all of which, when taken together will be deemed to constitute one Agreement. The exchange of copies of this Agreement and signature by personal service, email, facsimile, or other electronic means commonly in use, or any other means permitted by applicable state or federal statute shall constitute effective execution and delivery of this Agreement as to The Parties, and may be used in lieu of the original Agreement for all purposes. Copies shall be deemed to mean any duplicate, reproduction or similar or exact imitation of the original executed Agreement. Signatures of The Parties delivered as described above shall be deemed to be their original signatures for all purposes and shall be deemed valid and binding upon The Parties as if their original signatures, initials and modifications were present on the documents in the handwriting of each party. Neither Buyer nor Seller shall assert the statute of frauds or non-enforceability or validity of this Agreement because of facsimile or similar electronic device copies being used, and both of The Parties specifically waive and relinquish any such defense. Each Party agrees to provide an original signed document to the other upon request.
35. FUTURE NOTICES: The Parties authorize Brokers to use the contact information set forth below for notices after the Effective Date of this Agreement. During the term of this Agreement, The Parties agree to notify Brokers of any contact information changes. The contact information set forth below shall not constitute a material part of this Agreement and any addition or modification of the same shall not constitute a rejection of an offer, the creation of a counteroffer or an amendment to this Agreement. Any future notices required or permitted to be given under this Agreement shall be in writing and signed by the Party giving notice. Notice shall be deemed to have been given: at the time of personal delivery or; at the time sent by facsimile (with a successful facsimile confirmation sheet) or; at the time sent by electronic mail. Future notices shall be given to Buyer’s or Seller’s Broker and
shall constitute notice given to Buyer or Seller, respectively. If either Party is not represented by a Broker, future notices shall be given to such Party directly.
36. CYBER FRAUD: Buyer and Seller are advised that numerous types of cyber-crimes exist If you receive any electronic communication directingyouto transferfunds orprovidenonpublic personal information (such as social securitynumbers,drivers’s license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme to steal funds or use your identity.
37. FINAL INSPECTION: Buyer shall have the right to inspect The Property within seventy-two (72) hours prior to closing to confirm that the real estate and personal property are in place and in a condition that is not substantially different from the condition on the Effective Date, or as improved by any agreed-upon corrective action. If substantial differences have occurred, then Buyer shall immediately notify Seller in writing of said differences and Buyer’s requested corrective action. The Parties shall be deemed to have settled such differences as of close of sale. Brokers have no responsibility for the condition of The Property.
38. FINAL AGREEMENT: THIS AGREEMENT EXPRESSES THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES CONCERNING THIS TRANSACTION AND SUPERCEDES ALL PREVIOUS UNDERSTANDINGS, WHETHER ORAL, WRITTEN OR ELECTRONIC, INCLUDING ANY PROMOTIONAL MATERIALS OR LISTING DESCRIPTIONS. No modifications of this Agreement shall be binding unless in writing and signed by Buyer and Seller. In signing below, The Parties acknowledge that they have read the Agreement carefully before signing and have received copies of pages 1, 2, 3, 4, 5, 6, & 7 as well as any attachments.
39. TIME IS OF THE ESSENCE: TIME IS OF THE ESSENCE WITH RESPECT TO THIS AGREEMENT. TIME LIMITS SHALL BE STRICTLY OBSERVED.
40. AUTHORIZATION: Buyer gives Broker until ____ __, 20_ ___, __ A.M./ P.M. to obtain and deliver Seller’s written acceptance of Buyer’s offer.
Selling Broker Office (print):__________
Broker’s License # ________ ________, represents:
(Check only one)
Seller Only Buyer Only
Seller & Buyer (Disclosed Dual Agent)
Neither Seller nor Buyer (Transaction Coordinator)
Selling Broker’s Agent (print): ________________________
License # ________________, represents: (Check only one)
Seller Only Buyer Only #_________
Seller & Buyer (Disclosed Dual Agent) #_________
Neither Seller nor Buyer (Transaction Coordinator) #_________
Phone: __________________ Fax: ____________________
Print Legal Name (as you wish it to appear on final papers)
Email: ___________ Buyer Street Address: ______________________________________________
SELLER’S RESPONSE: (Date/Time) _________________________, 20 ____, _________ A.M./ P.M.
41. THE ABOVE TERMS OF SALE ARE (Check one) ACCEPTED AS OFFERED SUBJECT TO COUNTEROFFER NO
Listing Broker Office
Broker’s License # _______________________, represents: (Check only one)
Seller Only Buyer Only
Seller & Buyer (Disclosed Dual Agent)
Neither Seller nor Buyer (Transaction Coordinator)
Listing Broker’s Agent (print): ________________________
License # ___________________, represents: (Check only one)
Seller Only Buyer Only
Neither Seller nor Buyer (Transaction Coordinator)
Seller & Buyer (Disclosed Dual Agent)
Phone: ___________________ Fax:
Email: _________
Legal Name (as you wish it to appear on final papers)
Street Address: _____________________________________
State: _____ Zip: __
There is a cyber crime affecting pending real estatetransactions that is rapidly growing nationally. It is intended to divert fundsdue fromyou for your closingtothebank account ofillegalscammers. These emails are convincing and sophisticated.
Inthe most commonscenario, acriminalwill hack intotheemailofsomeone involved inapending realestatetransaction(REALTOR, lender, title/escrow agent, buyer or seller) andusethat access to uncover details of the pending transaction, including the closing date. The buyer receives legitimate closing documents and wiring instructions via email from their buyer's agent. Soon thereafter, the same closing documents and different wiring instructions are received from the same agent. The buyer wires funds in accordance with the second set of wiring instructions only to find that the second email was fraudulent and DID NOT come from the agent. Of course, by the time this is discovered, the money that was transferred into the scammer(s) shell account is long gone
It is always a best practice if you have any concerns, to stop and call via telephone to verify before you send out any wired funds. Do not send confidential information such as your social security number, credit card information, date of birth, bank account information via electronic methods. It is recommended this should be done in person or via telephone. However, if you receive wire instructions via email, always phone verify with the appropriate recipient that the information is legitimate and that the ABA, routing numbers, account numbers and/or SWIFT codes are correct.
Please be advised that your REALTOR® will not email you a request to wire money for any reason. That request will be directed to you by your title and settlement provider in conjunction with your final cash-to-close amounts.
By signing below, the parties acknowledge they have read the information in this anti-fraud disclosure statement and understand that the scenario and advice stated above is not all-inclusive.
Seller / Buyer (circle one)
Seller / Buyer (circle one)
Date
Date
• Clearing Title - You will want to be certain that you can fully own and utilize your property without adverse title claims.
• Taking Title - There are different ways to take title to a property. Discuss your options with your attorney, including how it affects your estate planning.
• Reviewing Documents - Be sure to review all of the documents before you start signing closing papers.
Possible Documents:
Title Insurance Commitment (Owners) Deed
Mortgage Related Documents (Mortgage, note, survey, etc.)
We’ve all taken vacations that didn’t turn out exactly as planned. Delayed flights, lost luggage, and unseasonable weather are commonplace. And while these surprises challenge our patience at the time, we try to take them in stride and, in the end, are happy with the trip. Sometimes, in retrospect, we even find the adventure more memorable because of the “detour” in our plans.
Home buying experiences can be a lot like this.
As you venture into the home buying process, be prepared to make some adjustments as you encounter the unexpected. A flexible attitude, along with a good road map, will keep you moving forward toward your desired destination and will make the journey more gratifying.
• Pre-Closing Walk-Through - A quick walk-through before closing will reassure you that the home you agreed to purchase has not changed significantly.
• The Closing - This is the day you take ownership of your new home. Allow approximately one hour to sign the necessary papers. Be sure to bring certified funds, photo ID, and appropriate home owner’s insurances papers.
• Possession A rrangements - Before leaving the closing, make sure arrangements have been made to obtain all keys for the property and transfer all utilities and services into your name.
• Move in and enjoy your new home! – Please remember to file your change of address (post office), and follow up on your Principal Residence Exemption (PRE) with your municipality.
Possible Documents:
Closing Disclosure
Homeowner’s Insurance Policy/Binder
PRE (Principal Residence Exemption) Form
Property Transfer Affidavit
Home Warranty
Change of Address Form
Use this guide as a road map to measure your progress and assure that you are headed in the right direction. As with any journey, it can be useful to remember:
• There is usually more than one way to get there.
• Sometimes you have to back up to go forward.
• It is never as simple as it looks.
• It is never as complicated as it looks (particularly if you take it one step at a time).
• When in doubt, stop and ask for directions - talk with your REALTOR® !
• The process isn’t necessarily linear—sometimes you will be working on multiple items at once.
• While all provisions of your Buy & Sell Agreement are important, pay particular attention to time frames!
Other Information Available:
• Area Schools
• Environmental Guidebooks
• Dispute Resolution Alternatives
• Area Mortgage Loan Programs
• Homes for Sale in Your Area
• Home Safety
Your R EALTOR® may work with you in one of four different ways:
• Seller’s Agent : A R EALTOR® may represent sellers exclusively, while at the same time, providing you with valuable information and assistance. In this case, the REALTOR® will always be obliged to promote the interests of the seller.
• Buyer’s Agent : A REALTOR® may represent you exclusively, again providing valuable information and assistance. In this case, however, your REALTOR® will always promote your interests.
• Disclosed Dual Agent : A REALTOR® may represent both the seller and you. Again, you will receive valuable information and assistance. Your REALTOR® will promote both the seller’s interests and your interests with limitations that will be clearly defined in the agreement that you have with your REALTOR®.
• Transaction Coordinator : A REALTOR® may impartially provide valuable information and assistance without representing the seller or you.
Before setting out to look at any properties, take a few minutes to discuss these options with your REALTOR®.
• Choosing a R EALTOR ® - Whether you select a R EALTOR® by referral, or by an interview process, working with the right agent reduces the stress and confusion that often accompanies the purchase of a home. Good communication with one person is key.
• Discuss Agency - With the R EALTOR® you have selected, take time to define the part he or she will play throughout the process. Your R EALTOR® may represent you, the seller, both you and the seller, or neither party. This discussion is crucial and mandated by State Law.
• Identify Your Priorities - Your R EALTOR® can now help you rank or prioritize a list of property features. In this step, “required features” become distinguishable from those that are merely “wants” or “wishes.”
Possible Documents:
Agency Disclosure Statement Buyer Agency Agreement
• Multitude of Possibilities - Take your pick! For example: FHA, VA, Rural Development, Conventional Fixed or Adjustable, PMI Fixed or Adjustable, Balloon, etc. Ask your lender for some guidance.
• Which Lenders Should I Consider? - Compare the rates, fees and lending policies of those financing institutions that have the experience required to efficiently process and deliver the type of loan you desire.
• Become the Next Best Thing to a Cash BuyerSellers generally respond more favorably to offers from “pre-approved” buyers. Also, imagine shopping with the assurance that you can buy any home in your preapproved price range.
Possible Documents:
Good Faith Estimates Lender’s
• Your Home Search - Discuss with your R EALTOR® the best search strategies for the kind of property you are shopping for. Listing Brokers enter property information into the MLS which is shared with your R EALTOR® and hundreds of other websites. You should discuss with your R EALTOR® how you can get direct access to the MLS to stay current on accurate information. You may also want to discuss which other websites may be beneficial in your home search.
• Viewing Homes – When you find a home you want to view, contact your R EALTOR® sooner rather than later to set up a showing. Keep in mind that there can be several other parties involved in scheduling a showing (the seller(s), other agents and buyers).
• Back to the Drawing Board - If you are still shopping and not getting any closer to finding the right match, it may be time to review and adjust your priority list and re-examine your options.
• Disclosures & Use Restrictions - When you have successfully narrowed the field to your top choice, obtain a copy of the Seller’s Disclosure Statement, Lead Based Paint Disclosure and Use Restriction Information (Public and Private) for that property and examine thoroughly before drafting an offer.
• Offer to Purchase - Bring your checkbook for the “earnest money” deposit. With your R EALTOR’s ® help, read and complete the Buy and Sell Agreement.
Possible Documents:
MLS Property Data Sheets
Seller’s Disclosure Statement
Lead Based Paint Disclosure & Pamphlet
Plat/Deed Restrictions
Zoning Ordinances
Buy and Sell Agreement
Agency Addendum
Counteroffer Form
• Wood Destroying Insects - In Southwest Michigan, there are several types of insects that damage wood. Make sure a licensed pest inspector checks the property carefully for wood destroying insect activity.
• Investigating the Property - Most homes need minor repairs or improvements. To reduce major surprises, hire a qualified professional to inspect and help you become more familiar with your future home. You may want to test for radon as well!
• Well and Septic - If your chosen property is not serviced by public water and sewer, a local health authority or private evaluator should make sure you have a system that properly provides acceptable drinking water and a system that properly discharges wastes. Review the report with the sanitarian if you have any questions or want recommendations for water testing beyond the typical tests for nitrates and bacteria.
• Environmental - Discuss the need for environmental inspections with your home inspector, the local health sanitarian and any other state or local government personnel that may be aware of hazards in your area.
• The Property - To identify potential boundary problems you should obtain a survey report. A report could include: approximate boundaries, recorded easements, setbacks, building locations, elevations etc. The information provided by a survey report can vary widely depending on the type: mortgage report, stake survey, ALTA survey etc. To identify potential use limitations you should obtain a copy of the preliminary title commitment and copies of all documents (deed restrictions, oil and gas lease, easements etc) as well as inquire with the local municipality about how the zoning impacts the property.
Possible Documents:
Investigation Reports
Wood Destroying Insects
Structural/Mechanical/Safety
Radon Test
Other (mold, lead-based paint)
Well/Water
Septic
Estimates of Repairs/Remediation Survey
Investigations Addendum
Preliminary Title Work & Copies of All Documents
• Application - Your lender will want to get to know you very well. Obtain a list of the items you will need for your loan application, which may be in-person, over the phone or online, depending on your chosen lender.
• Appraisal - Your lender may hire an Appraiser to ensure there is enough value in the property to secure your loan.
• Verifications - Your lender must verify everything to best serve and protect the investor that is providing the money for your purchase. Cooperation with the process can really speed things along.
• Final Conditions - Often a lender will issue an approval subject to certain conditions being satisfied. Typical examples include paying off a debt, making specific home repairs, and providing the lender with additional verifications, copies of the inspection reports and a home owner’s insurance policy.
• Approval - Your lender is now prepared to provide the funds you need to complete your purchase. Be advised, these funds are normally available for a limited time.
Possible Documents:
Loan Estimate
Requested Documents
Appraisal
Mortgage Title Insurance Commitment
Surveyor’s Mortgage Report
Closing Disclosure
Inspection Reports/Repair Verifications
We Do Business in Accordance With the Federal Fair Housing Law
(The Fair Housing Amendments Act of 1988)
In the sale or rental of housing or residential lots
In advertising the sale or rental of housing
In the financing of housing
Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination:
1-800-669-9777 (Toll Free)
1-800-927-9275 (TTY)
In the provision of real estate brokerage services
In the appraisal of housing
Blockbusting is also illegal
U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410
Helpful Suggestions
Make all payments on time
Reduce credit card balances (improve debt-to-income ratio)
Get copy of your credit report
Double-check for credit accuracy
Don’t make any large purchases
Savings
Down payment amount
Planned closing costs
Buyer agent’s commission
Research loan options
Conventional
VA
FHA
USDA
Fixed rate vs. Adjustable rate
Compare different lenders
Loan options available
List of items a lender will need
Photo I.D.
Bank statements from the past 2 months
Pay stubs from the past 30 days
Address history for the past 2 years
W2’s/1099 for the past 2 years
Federal tax returns for the past 2 years
Signed copy of offer to purchase and contract
If applicable
Gift letter (If someone is helping with down payment)
Year-to-date profit and loss statement
Divorce decree
List of other properties owned
Complete bankruptcy documents (if filed within 10 years)
Low Credit Score?
Rates, points and fees (there’s more than one rate to consider)
Loan officers ability to consistently close
Company’s reputation and testimonials
Customer service ratings
Get pre-approval
Establishing a budget for your home purchase
Work with trusted lender to improve your credit - FREE with Summit Home Mortgage Enroll in credit boost (1-3 month process) OR a credit bootcamp (6-12 months)
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Summit Mortgage Company is committed to delivering a seamless real estate transaction. Connect with our mortgage experts today.
Summit Home Mortgage, LLC is an Equal Housing Opportunity Lender, NMLS # 1087642(www. nmlsconsumeraccess.org). Loans will be made or arranged pursuant to our applicable license(s), which may be found at www.summithomemtg.com. This communication does not constitute a commitment to lend or the guarantee of a specified interest rate. All loan programs and availability of cash proceeds are subject to underwriting and property approval.
> Square Footage
> Comparing them to tax records and assessors’ records
> Part of your offer/request
> Measure yourself
> SEV & Tax Implications
> What are your taxes going to be?
> Verify Homestead, Non-Homestead
> Zoning and Use
> Rentals/dogs/businesses
> Utility Costs
> Municipal Services
> Connected
> Available
> Sewer/Septic lines – scope/clean out
> Internet Availability and Strength
> Does the Municipality Require Permits?
> Are they needed or were they pulled for improvements or additions?
> Proposed special assessment, lake treatment for weeds , street lighting, sidewalk, sewer/water
> Appraisal Guidance
> GIS Mapping
> Survey
> Septic Sizing by Bedroom Count
> Dock Placement
> Association
> Special assessment/reserve accounts, meeting minutes, budgets
| By: Deidre Woollard | Realtor.com
When you’ve found the home of your dreams, you want to make sure that it really is as great as you think. Years ago, home inspections weren’t a part of residential real estate transactions; buyers simply relied on their own impressions of the home and whatever the seller’s real estate agent told them. Today’s buyers are more cautious, and an inspection ordered by the buyer is a regular part of the real estate purchase process. Spending the fees for a home inspection can be well worth it for peace of mind and the potential cost of trouble avoided.
Finding the right person requires some research. Your real estate agent should be able to recommend several well-qualified home inspectors.
Ask open-ended questions about the inspector’s training and experience as it relates to home inspections. The inspector should have some training in construction and building maintenance standards and a track record of experience in the home inspection business. Depending on the location and age of the home, you may need to hire an inspector who is qualified to deal with asbestos, lead-based paint or other potentially hazardous substances. In some areas, you may also need to hire a geologist or structural engineer. Ask the inspector which components of the property are included in his or her inspection.
Ask the inspector to provide a sample of his or her checklist or inspection report so that you can evaluate it. Is the information
presented and explained clearly and completely? Are there notes and explanations or just a series of checkboxes? A detailed report is more beneficial in the long run than a simple checklist. Does the report highlight any problems that could present a safety hazard?
Ask the inspector for the names and telephone numbers of several homeowners who have used his or her services. Call those people and ask them whether they were
| By: Deidre Woollard | Realtor.com
satisfied with the report and other services they received. Be sure to talk to some people who have owned their home for a few months or longer. Some problems overlooked by an inspection can take a while to surface. You may also want to do an online search and read reviews. Many home inspectors are listed on Yelp.com where you can read reviews and experiences from people who have used their services.
Not all inspectors belong to a national or state association of home inspectors and membership in one of these groups should not be your sole evaluation criteria. However, all else being equal, an association membership is often a plus. These groups provide their members with training and certification programs and up-to-date information about
industry practices and inspection standards. Look for membership in the National Association of Home Inspectors, the National Institute of Building Inspectors, and the American Society of Home Inspectors.
Even top-notch inspectors are only human and can make errors or overlook problems they probably should have noticed. Ask about the company’s policy in such situations. Does the company have insurance for errors and omissions? Does the company or individual inspector stand behind the report? Is there any sort of guarantee and how long does it last for? Many companies ask customers to sign a waiver limiting the company’s liability to the cost of the inspection.
You may also want to ask the inspector if you can come along during the inspection. This will allow you to be able to see the problems or potential issues that will later appear in the report. Be prepared to spend a few hours looking over every square inch of the house.
Marcie Geffner contributed to this post. Written: May 3, 2013
The following is a helpful guideline to follow as you work through the home inspection process. Your Jaqua real estate agent can help you schedule or complete all of the following steps.
In the process of purchasing a home, we recommend that you spend some time and money inspecting the property and improvements to determine whether or not they satisfy your intended use. The list of potential inspections can get long, but you should take a minute to consider your options. The following is a list of items to consider; it is not exhaustive but represents some typical areas to investigate.
» Structural Integrity
» Mechanical Systems
» Health and Safety
» Infestation
» Environmental
» Well and Septic Evaluation
» Boundary Survey
Insurability
» Availability of Homeowners Insurance
» Requirement for Flood Insurance
» Availability of Title Insurance
» Zoning
» Assessed Value
» Principal Residence Exemption Status
» Assessments
» Deed and Plat Restrictions
Concerns that arise from these inspections may be addressed with the seller if the buy/ sell agreement provides for such negotiations. Check with your agent for better understanding.
Home Inspection - A home inspector will review items such as structural integrity, mechanical systems, health and safety concerns, as well as issues with radon and mold. A home inspector acts as a “general inspection” covering many systems in the house and will result in a report covering items of concern. You may also opt for additional inspections focusing on a specific system to gain better understanding of the issues that arise out of the home inspection.
Pest Inspection - A pest inspector can identify issues with infestations from wood destroying insects. These pests can cause extensive damage; it’s important to catch these issues early. Licensed pest control companies offer effective treatment methods.
- Where applicable, an evaluation of the well and water quality, along with the septic system, can be conducted by a county inspector or a private inspector depending on local requirements and purchase agreement language.
Boundary Survey - Without a survey, you will not know the exact location of your property boundaries. You can have the property lines identified by having a surveyor physically mark the corners. Additionally you may want a drawing showing the property lines relative to the improvements on the property, as well as setbacks and easements.
Homeowners Insurance - The expense of insurance will be relative to a number of factors. Size and condition are amongst the items that the insurance company will consider. Flood insurance could be required if the property is located in a flood plain. Additional insurance may be needed for personal property that is in excess of insurance limits on a typical policy. Jewelry, firearms and collectibles are typical items that may need additional insurance.
Title Insurance - Title insurance ensures that you are the owner of the property. A search of the public record will be done to make you aware of items that affect the property and your use of the property. Some examples: plat/deed restrictions, easements as well as any outstanding liens or assessments.
Municipality - You should understand the limitations set up by the local government, such as zoning, that can limit the use of your property. Taxes are another obligation you will have when you buy property. Do you qualify for a Principal Residence Exemption? Are there assessments on the property? You can discuss these items with the municipality where you are buying.
Seek assistance from your Jaqua agent to help answer any questions.
1.What certifications do you have? NACHI, ASHI, Licensed Builder, Others
2.Are you insured for any damage that may occur during the inspection?
3.How many years of experience?
4.What services do you offer? Home, Pest, Radon tests, Environmental testing (Asbestos, Mold), Sewer Scope, Fireplace/Chimney, Well/Water/Septic, Pool, Lawn Irrigation Systems? Others?
5.Are you available on weekends?
6.Do you inspect/test kitchen appliances, washer, dryer?
7.Do you provide a report with photos and detailed explanations of the findings and estimated cost of repairs by a professional?
8.Do you specify what repair issues are marginal, defective and items beyond their life expectancy?
9.Do you provide the Buyer with the age, brand and efficiency of the furnace, water heater (capacity), central air conditioning and the estimated age of the roof?
10.Do you specify electrical panel capacity, type of disconnect and breakers, verify if grounded and bonded, double taps and GFCI electrical outlets as required.
11.Do you provide cost estimates for replacement/repair of marginal or defective items in the report?
12.Identify amateur workmanship?
13.Do you identify building regulation violations?
14.Do you use a moisture reader to determine if a leak is active?
15.Do you test for Carbon Monoxide?
16.Provide a “Buy Back Guarantee”?
17.Do you provide any materials for the Buyers after closing regarding how to take care of their home?
18.Do you provide any type of home warranty after closing?
19.Do you inspect outbuildings/garages/attics/ crawlspaces?
20.Provide recommendations for service providers to assist with repairs?
-Showingtime activity
-Comparable Market Analysis
-Bylaws/ Master Deed/ Board Minutes
-Homeowners association rules
-Deed restrictions
-Estimates for updates and repairs
-Dotloop
-Disclosures (current & past)
-Buy/Sell, Purchase Agreement
-Federal and State mandated disclosures
-Earnest money
-Checklist (paperwork, timelines)
-Anti-fraud measures
Communication
-Two step verification
-Cyber liability insurance policy
-Storage of correspondence
-Dotloop
-History of transaction
-Secure delivery
Verifications
Square Footage
-Comparing tax records and Assessors’ records
-Review appraisal measurements
-Measure the improvements
Property Tax Assessments
-Estimate tax increases
- Review assessor information
-Verify Homestead, Non-Homestead
- Proposed special assessment, lake treatment for weeds, street lighting,sidewalk, sewer/water
-Rentals/dogs/businesses, etc.
-Set backs
- Intended use
-Septic sizing by bedroom count
Utility Costs/Info
Municipal Services
-Connected
- Available at the road
-Sewer/Septic lines - scope/clean out
Internet Availability and Strength Permits
-Are they needed or were they pulled for improvements or additions?
- Survey
- Property shape
Associations
-Special assessment/reserve accounts, meeting minutes, budgets
Legal Description
-Full and correct
1st Choice Inspection Service
Paul Gagneur
269-207-9309
Email: paul@1stinspect.net
www.1stinspect.net
A-TECH Home Inspections LLC
Stuart Shaw
269-217-7284
Email: stuartshaw@atechinspections.com
Accuteck Home Inspection Service
269-217-2809 or 800-523-5381
Email: accutekmi@comcast.net
www.accutekhomeinspection.com
Advantage Home Inspections
Dan Perrin, Shawn Mandeville, Ed Stewart
269-324-9800
Email: advantageinspections@gmail.com www.homeinspectionskalamazoo.com
Coverage: All of SW Michigan
American Home Inspections, Inc.
Mark Johns
269-324-8139 or 800-850-HOME
Email: info@ahomeinspections.com
www.ahomeinspections.net
Coverage: Primary Kalamazoo/Portage
BrickKicker Property Inspections
Licensed Builder, GKAR Affiliate,
Robert Burr Licensed Pest Inspector, Radon Testing
269-629-9778
Email: rburr@brickkicker.com www.brickkicker.com/southwestmichigan/
Chuck Wiersum 37
800-637-4503 or 616-437-7211
ASHI Certified, Licensed Builder,
Certified Environmental Inspector,
Email: homegauge@ashi1018.com MI Association of Home Inspectors, www.grandrapidshomeinspections.com Certified Well/Septic Inspector
Guardian Home Inspection Services
ASHI Certified, GKAR Affiliate, Deryck Gruber SWMAR Affiliate, Licensed Builder, 269-637-2785 MI Association of Home Inspectors guardianinspectionmi.com
Great Lakes Home Inspections
BCAAR and GKAR affiliate, Licensed Larry J. Mason Residential Builder, NAHI Member, 269-383-4688 or 269-207-0072 BBB
Email: homesinspec@aol.com
Holland Homes
Licensed Builder, PRO-LAB, CMI, Bryan Holland NACHI Master Inspector
269-207-0783 Mold Certified, Radon Certified,
Email: hollandinspect@gmail.com WMLAR Affiliate, GKAR Affiliate, www.hollandinspect.com
Home Analysts, LLC
Certified Residential Inspector, 269-
269-207-4496 Radon Testing, Licensed Builder,
Email: info@homeanalysts.com Pest (WDO) Inspections, NAHI, www.homeanalysts.com MichAHI, BBB
Homespect Inspections
ASHI Certified, Licensed Builder, James Willis BBB, Radon Testing, MI Association
269-207-7987 of Home Inspectors, GKAR Affiliate
Email: jim@homespectinspections.com www.homespectinspections.com
HouseMaster Home Inspections
NACHI Certified, Mold Testing, GKAR, Mike Kauffman SWMAR, SJCAR, BCAAR Affiliate
269-408-1910
Email: mike.kauffman@housemaster.com housemaster.com/franchise/000527/localinfo
Updated 07/2025
KEB Home Inspections LLC
6
Licensed Builder, GKAR Affiliate, Gregory Keb Home Inspection Federation,
269-207-1547
Email: kebcontruction@aol.com
Pro-Tek Inspections 38
EPA-RRP Certified
ASHI Certified, Licensed Builder, Janis Putelis Commercial Inspector, State Certified
269-353-9000 Energy Rater, Phase 1 Environ.,
Email: info@protekinspections.com
HUD 203(K) Mortgage Consultant, www.protekinspections.com GKAR & BCBOR Affiliate, Certified Health House Advantage Inspector, NEHA Certified, Radon Testing
Pro-Tek Affiliate
ASHI Certified, NEHA Certified Radon Arnis Kengis Technologist, Licensed Builder,
269-353-9000 or 800-342-0055
Secure Start Inspections, Inc
23
Commercial Inspector, GKAR & BCBOR Affiliate
ASHI Certified, Master Inspector
Tim Bunch ACI, IBR by Review, ASHI G.L. Chapter,
269-375-7555
Licensed Builder, MI Assoc.
Email: tim@ssinspect.com of Home Inspectors, State Licensed www.ssinspect.com Pest Inspector, Radon Testing, GKAR Affiliate, Home Builders Association of Kalamazoo
Timberland Home Inspections
Tim Williams
269-501-0287
Tim@TimberlandHomeInspections.com www.TimberlandHomeInspections.com
Serving: Kalamazoo, Portage areas and Southwest Michigan
*Information provided by inspectors* Updated 07/2025
Archer Pest Control
269-324-2847
Budget Pest Control (South Haven)
269-637-6891
Ehrlich Pest Control
888-247-1781
Exact Pest Control Solutions
815-777-1100
FILK Pest Control LLC
269-628-2170
Griffin Pest Control
269-655-1734
Mite-E Exterminating
269-343-6887
North Shore Pest Control (South Haven)
269-521-6462
Pabco Services
269-355-1414
Pest Pros
269-993-0051
Terminix (Grand Rapids)
855-930-2418
Van Den Berge (Grand Haven)
616-227-3957
www.jcehrlich.com
www.griffinpest.com
www.mite-e.com
www.northshorepest.com
www.pabcoservices.com
www.pestprosmi.com
www.terminix.com
www.vandenbergepestcontrol.com
Asbestos Removal
Martin Environmental 226-0707 www.martinenvironmental.biz
Mold Testing
Delisle and Associates 373-4500 www.delisleassoc.net
Martin Environmental 226-0707 www.martinenvironmental.biz
Villa Environmental 927-2434 www.villaenv.com
Wondermakers 382-4154 www.wondermakers.com
Michigan Better Environmental 303-5044 www.michigan-clean.com
Mold Remediation
Paul Davis Restoration 616-383-2422 westmichigan.pauldavis.com
Martin Environmental 226-0707 www.martinenvironmental.biz
ServiceMaster 820-0047 www.smkazoo.com
ServPro 666-6935 www.servprowestkalamazoo.com
Vandam and Kruizinga
800-493-8673 www.vk1call.com
Michigan Better Environmental 303-5044 www.michigan-clean.com
Radon Mitigation Contractors
Swat Environmental 382-3630 https://swat-radon.com
Michigan Better Environmental 303-5044 www.michigan-clean.com Surveyors
Gilchrist Paw Paw 657-6021
Fleis & Vanderbrink Kalamazoo 800-494-5202 www.fveng.com
Mitchell & Morse South Haven 637-1107 www.mitchell-morse.com
Monument Engineering Portage 344-6165 www.monumentengineering.com
Moored Allegan 673-6402
Peabody Plainwell 685-6988
Prein, Newhof
Kalamazoo 372-1158 www.preinnewhof.com
Southwest Paw Paw 657-6037 www.southwestsurveyinc.com
Wightman, Ward Portage 706-9177 www.wightman-assoc.com
Benton Harbor 927-0100
Allegan 673-8465
Updated 07/2025
Structural Engineer
Byce and Assoc.
Fleis & Vanden Brink
Vanderweele Design Consultants
Synthetic Stucco (EIFS) inspection
Don Randazzo Home Inspection
Gateway Home Inspections
Sewer/Septic Tank Contractors
A&B
Clean Earth (Roto-Rooter)
Klean-Rite
Modern
Suburban
Wray’s
B.E.S.T. (Well and Septic)
Underground Storage Tank Removal
Tank Removal Consultants
BDN Industrial Hygiene
381-6170 https://www.abonmarche.com/
385-0011 www.fveng.com
372-7227
734-646-3764 www.donrandazzo.com
651-4422 https://gatewayhomeinspect.com/
655-1555 www.ab-sewer.com
381-2400 www.cleanearthenvironmental.com
345-0500
345-3339 www.modernsepticandsewer.com
344-9542 www.suburbantank.com
673-4791 www.wraysseptic.com
629-0168 www.bestwellseptic.com
329-1237 www.bdnihc.com
DeLisle 373-4500 www.delisleassoc.net
Kieser and Assoc.
Envirologic Tech., Inc.
Well & Septic Inspection
Matt & Dave Strole
344-7117 www.kieser-associates.com
342-1100 www.envirologic.com
303-4652 www.EnviroAppraisal.com
Acura Valuation Inc
342-6615
James Braham acura-valuation.com
Wm. Brian Hartman
Robert Mulder
Appraisal Associates
800-728-844
Susan Ells www.aaimi.net
Kevin O’Toole
Thomas Richmond
Cara Smith
Appraisal Group II, Inc.
Tim Scheu
Kal-Creek Appraisers, L.L.C.
Joel Francis
Ted Schnelker
Diana Smith
Kalamazoo Valley Appraisals
Manuel Fredericksen
624-9494
327-1100
Anthony Murdock
Judith Conway
Kevin Molda
Town And Country Appraisal Co.
657-2401
James Zerbi towncountryapc.com
Tuinstra Pro. Appraisal Service
David Tuinstra
Deb Tuinstra
Michael Tuinstra
Stephen Tuinstra
Visser Appraisal Service LLC
David Visser
William A. Farquhar Appraisal
207-3050
manuelfredericksen.appraiserxsites.com
Lakeshore Appraisal
598-4008
Robert Surns www.lakeshoreappraisal.com
Maturen & Associates Inc.
David Maturen
Midwest Appraisal Management
342-4800
353-8400
Sarah VandenBerg midwestamc.com
Martin Wagar
Musselman Appraisal Serv. PLLC
William Musselman
Paul Weaver & Assoc.
Coralie Weaver
Sherry Evans
Paul Weaver
Source One Appraisal
344-1460
381-2440
377-9224
Gary Slagter sourceoneappraisal.com
324-0600
217-1875
501-7277
William Farquhar Updated 07/2025
Coverage may not be available in all areas.
Air Conditioning (including geothermal systems )
Heating (including geothermal systems )
Plumbing (including stoppages, sump pumps, plumbing sewage ejector pumps)
Ductwork
Electrical
Water Heaters
Clothes Washers
Clothes Dryers
Refrigerators
Built-in Microwave Ovens
Dishwashers
Garbage Disposals
Ranges/Ovens/Cooktops
Rekey Service
Ceiling Fans
Doorbells
Garage Door Openers
Built-in Exhaust Fan (including bathroom, attic, and whole house fans)
Installed Instant Hot/Cold Water Dispensers
We cover breakdowns due to:
Normal wear and tear — no matter the age of the item
Insufficient maintenance
Rust, corrosion, or sediment
Improper installations or repairs
Mismatched HVAC systems
And include things like:
Undetectable, pre-existing breakdowns
Removal of defective equipment
Refrigerant recapture, reclaim, and disposal
Permits and correction of code violations ($250 or more per agreement term when required during a covered repair or replacement)
Cover your home for up to 6 months while it’s on the market with all the same home systems and items (excluding rekey service) from the ShieldEssential plan. Best of all, no payment is due until the home closes.
NOTE: The Seller Coverage Option can be a great negotiating tool in real estate transactions when submitting offers or negotiating home inspection issues.§
§Coverage available for undetectable, pre-existing breakdowns. Subject to a $1,500 cap during the listing period. Renewable upon review at the discretion of American Home Shield® after 6-month period, up to 12 months.
Are there any other structures/outbuildings on your property?
Do you own properties anywhere else?
Do you conduct business at your residence?
Does your home have protective devices? (ex: smoke detectors, dead bolt locks, burglar alarms)
Have you had any claims in the past 5 years?
Do you currently have any identity theft coverage?
Do you have any pets? Type? Bite History?
Does anyone in your home smoke?
Do you own more than $2,500 in jewelry?
Do you have a swimming pool?
Is it in-ground or above ground?
Does it have a diving board or slide?
Do you own any boats or watercraft?
Do you own any ATVs? Snowmobiles?
Do you own any golf carts?
Do you have a trampoline?
Would you also be interested in a discount by insuring your home, your autos and your life insurance?
As an independent agency, we are able to provide our customers with the best coverage and the best possible value.
Some benefits of working with Arcadia Insurance Services include:
Companies Will Compete for Your Business
Multiple Policy Discounts
• Substantial savings by insuring your home, auto and life insurance with the same carrier
Safe Driver Discount
• Claim-free
• Clean motor vehicle record
• Auto safety feature discounts (airbags, theft protection, anti-lock brakes)
Home Safety Feature Discounts (smoke detectors, burglar alarm, etc.) Insurance Score Discounts
Discounts Responsible Homeowner Discounts
Arcadia offers several policies to fit each client’s individual needs:
• Homeowners Insurance
• Personal Auto
• Condo Insurance
• Valuable Items (Jewelry, Antiques, Collectibles, etc.)
• Umbrella Liability
• Boats and Recreational Vehicles
• Rental Insurance
• Rental Property Insurance
• Term Life Insurance
A homeowners policy protects:
• The structure of your home, other structures on your property and your personal possessions.
• The cost of additional living expenses if your home is damaged and you have to live elsewhere during repairs.
• Your personal liability to others.
Scan here to contact us today!
In a standard homeowners policy, your home will be insured for the cost to rebuild (or replacement cost) not the market value. Some factors that may influence the way your home will be valued include: the age of your home, building material, square footage, garage space/location, porches, breezeways, decks, fireplaces, woodstoves, number of full/half bathrooms, updates made to the home, etc.
Arcadia Insurance recommends you have at least $500,000 in personal liability coverage. However, additional coverage is always available.
Michigan State law requires that you carry insurance on every vehicle you have registered.
Your Arcadia Insurance agent can help customize that coverage to fit each of your vehicles and their individual uses and coverage needs, possibly saving you money.
Some small boats can be covered in your homeowner’s policy. However, most boats will not be covered or may only be covered up to a certain limit and should be insured under a separate policy.
An Inland Marine policy can be used to cover a valuable possession or assets not covered by the contents section of your homeowner’s policy. Some items that would be better covered under an inland marine policy include: a collection of valuable items, jewelry, guns, furs, computers (including laptops), and musical instruments.
If you rent a home or apartment, you are responsible for insuring your contents, and your personal liability to others. Arcadia Insurance Services can help protect your personal belongings while you are renting. Because we work with several companies we are able to customize your policy and provide you with the most competitive rates and best claims service available.
Life insurance is a critical component when considering the future. By purchasing a policy that covers your loan amount, you can rest assured that you’re ensuring financial well-bring.
Your Arcadia Insurance agent can help you determine your needs and apply for coverage as necessary.
As an independent insurance agency, Arcadia provides our customers with the best coverage from competitive companies at the lowest rates.
Arcadia provides customers with specialized and personalized customer service. Arcadia takes the time to listen to your needs and educate you about the different insurance options and discounts available. Arcadia provides clients with accurate coverage to meet their insurance needs.
Some benefits of working with Arcadia include:
• More competitive quote process
• Dedicated account manager to serve policyholders
• Group and multiple policy discounts
• Home safety and safe driver discounts
• Insurance score discounts
• Claims specialist to insure claim needs are met
We offer coverage through multiple companies in order to remain competitive:
• Auto Owners Insurance
• Citizens Insurance Company
• Frankenmuth Mutual Insurance Company
• Hastings Mutual Insurance Company
• Wolverine Mutual Insurance Company
• Cincinnati Insurance Companies
• Pioneer State Mutual Insurance Company
“Not only is Arcadia saving me money, but the service is excellent. They caught several mistakes on my previous policies which were costing me money. They recommended that I consider an umbrella policy and it cost practically nothing.”
-Sue R.
“I have never had an insurance agent take the time, ask the questions, and make the recommendations Arcadia did. I now have better coverage for half of the rate I was paying!”
-Kay C.
“My agent was very attentive, educated, and quick to respond, even after regular business hours.”
-Katie R.
1. Know the basics – Locate local health care provider and emergency service providers. Establish an action plan for fire, tornado and medical emergencies.
2. Change your locks – rekey exterior locks and reprogram garage door openers.
3. Store important documents – Use a fire safe or upload information onto cloud storage.
Ask you REALTOR® if you need assistance.
4. Update your Address – Change your address at the post office and on your driver’s license.
5. Check your property assessment – Verify that the municipality has the correct information for the property.
Our Moving Coordinators act as your main point of contact to help take the hassle out of finding the best moving company and other services related to your move.
As a complimentary service, our Moving Coordinators are able to leverage all of Jaqua Realtors corporate relationships to provide moving solutions to ensure competitive pricing and excellent customer service.
• Competitive moving rates from multiple providers; reduced rates may be available
• Accommodate all of your moving needs
• Phone counseling before, during and after the move
• Bills are audited by the Moving Coordinator
• Local, within Michigan, National and International moves
For title and closing services we selected Chicago Title as our partner in establishing Southwest Michigan Title Agency. Chicago Title, the nation’s largest title insurance company, and has a location in every county in Michigan. This affiliation assures our clients that this critical aspect of the transaction is in expert hands.
• Provide a complete, detailed insurance commitment in a timely manner
• Review the title history and advise on the best approaches to satisfy all requirements listed on the commitment
• Communicate with the lender in order to fulfill their requirements
• G enerate accurate and detailed closing statements
• Enlist professional legal expertise in the preparation of documents required to transfer ownership of the property
• Record and file proper documentation to finalize the sale
• Provide an insurance policy protecting against future title claims
It is a fact that the largest one-time investment that most people will ever make is the purchase of a home. Even so, many people are not aware of the potential issues associated with this monumental decision.
A title insurance policy protects the insured against loss or damage sustained by a defect in what’s known as the chain of title (described in Q4 below). Some of the most common risks that can create a loss include:
• False impersonation of the true owner of the property
• Forged deeds, releases or wills
• Undisclosed or missing heirs
• Instruments executed under invalid or expired power(s) of attorney
• Mistakes in recording legal documents
• Misinterpretations of wills
• Deeds by persons of unsound mind
• Deeds by minors
• Deeds by person supposedly single, but in fact married
• Liens for unpaid estate, inheritance, income or gift taxes
• Fraud
Obtaining an Owner’s Policy of Title Insurance will provide protection to the buyers from these and other risks as outlined in the policy. The one-time premium that is paid for this coverage will provide peace of mind for many years to follow.
Without an Owner’s Policy of Title Insurance, you may be leaving home ownership vulnerable to risk. For example, if someone knocked on your door one day and said, “I am the real owner of this property, and the person you bought it from was a fraud,” what would you do? Without title insurance, you would be left to hire your own attorney in hopes that they could prove that your title was clear. You would stand to not only be left paying a hefty legal bill, but in extreme cases you may also lose your home.
A Lender’s Policy of Title Insurance is required by the bank to protect their interest in your property. However, a Lender’s Policy does not protect you, the owner. Without an Owner’s Policy, you may find the title company paying a claim to your lender, but your interest may be left uncovered. Make certain that you protect your interest in your property by obtaining an Owner’s Policy of Title Insurance.
When a contract to purchase property has been executed, the title insurance company will research the chain of title to the land to discover:
• Who the owner is
• How title is vested in the owner
• What outstanding liens are attached to the property
• What other encumbrances (easements, etc.) exist on the property
This research will help to identify any problems before you complete the purchase of the property. It is the goal of the title insurance company to identify and bring to resolution any problems that may exist before the purchase is final. Once the policy has been issued, the insured is protected from any covered risks that may arise prior to the date of the policy.
If anyone makes a claim of interest to your property that falls within the effective date and coverage of your title policy, you simply contact your title insurance company and they will take it from there. The title company will assess the risk, hire an attorney to defend your interest if necessary and seek effective remedy of the claim. You can rely on your title company to work with you to resolve your claim quickly and in the most suitable manner.
The manner in which you take title – that is, the way your name(s) appear on your deed – can be very important. Titles are taken as “a single person”, or “tenants by the entirety”. However, there are other options, each with certain advantages and disadvantages. Additionally, taking title in a trust or L.L.C. can also be preferable in certain situations. Here is a brief discussion of common options:
Individual ownership refers to property that’s owned in your sole name without any other owners or a beneficiary designation. If you die, property owned in your individual name will usually have to be probated to get it out of your name and into someone else’s name.
Joint ownership comes in several different forms:
Joint tenancy with right of survivorship - With this type of ownership, all of the owners hold an equal right to the property. With jointly owned real estate, the property can’t be sold or mortgaged without the consent of all of the owners. If one joint owner dies, ownership of the property automatically vests in the surviving joint tenants without the need for probate.
Tenancy by the entirety - This is a type of joint ownership with rights of survivorship that can only exist between a married couple. The property can’t be sold or mortgaged without the consent of both spouses. When one spouse dies, ownership of the property automatically vests in the surviving spouse without the need for probate.
Tenancy in common - With this type of joint ownership, each individual “tenant in common” owns a specific percentage of the property. When a tenant in common dies, their share of the property passes to their beneficiaries and not to the surviving tenants in common.
Please consult with your attorney if you have any questions. Information from About.com
Conduct a final walk-through – view the property to make sure everything is in order.
In consultation with your lender, a proposed closing statement including the amount you will need at closing will be prepared.
Utility transfers – Provide your new billing address and date of transfer to utility companies.
> A certified check payable to yourself (you can endorse it over to the title company) for the balance of your required funds. Personal checks are not accepted.
> A driver’s license or other photo I.D. for all parties who will sign documents, along with your Social Security number(s).
> Proof of Homeowner’s Insurance for the first year.
> If you intend to review the legal documents in detail, ask your lender for copies in advance of the closing.
> Your lender and the title company will coordinate preparation of the paperwork.
> Typically, you and your agent will meet the sellers and their agent at a title company to sign documents.
> A closing statement showing exact closing figures will be available. All expenses and credits will be reflected on the statement.
> Since buyers usually have more to sign, the closing officer will often start with just you and your agent.
> The closing will take approximately one to one and half hours.
> You will receive a copy of everything you are asked to sign. If possession is to be transferred immediately after closing, keys will be given to you. Otherwise the time and process to transferring keys will be discussed.
> Review the “Checklist for Buyers and Sellers” for change of address forms, Driver’s License and Voter Registration information, etc.
> Retain a copy of the Closing Statement for your tax preparer
Relocating and transitioning are time consuming and stressful events. The following checklist offers a detailed plan to walk you through the process
Let us take the hassle out of your move, call our Move Management Coordinators, at 269-226-2994 or moving@jaquarealtors.com. Reduced rates may be available!
Our Moving Coordinators will act as your main point of contact to help coordinate your move to meet your time frame. Our Moving Coordinators leverages all of Jaqua Realtors corporate relationships to provide multiple solutions to ensure quality moving services and competitive pricing.
Assistance with Local, within Michigan, National and International moves, as well as, short term and long term storage.
Collect and organize moving expense receipts, cost estimates from service providers, information brochures, and other materials to plan and track your moving activity.
Categorize possessions into what you will move and what you will dispose of. Begin to remove clutter starting with the basement, attic, garage, and storage areas. Be sure to clean out all closets and drawers.
Consider garage/yard sale or charitable donations as options for unwanted items.
Return borrowed items such as library books and collect items that are being cleaned, repaired, stored, or on loan.
Plan for short-term or long-term storage at your destination.
Create floor plans for positioning of furniture, appliances, and other large items for new home.
Prepare your new home for arrival by arranging painters, carpenters, plumbers, roofers, and other service providers.
Prepare a list of contacts, business associates and firms who need to be notified of your move.
The following checklist is a useful guide that serves two purposes: notification of relocation to current service providers and assistance with selecting new service providers at your new location.
Utilities
□ Electric
□ Gas
□ Water
□ Telephone
□ Sewer
□ Trash
□ Cable/Satellite
□ Oil/Propane
Publications
□ Newspapers
□ Magazines
□ Newsletters
□ Professional Journals
Personal Accounts
□ Pharmacy
□ Dry Cleaner
□ Lawn Service
□ Bank/Finance Companies
□ Credit Card Companies
□ Laundry Service
□ Auto Finance Company
□ Health Club
Other Notifications
□ School (record transfers)
□ Local clubs/organizations
□ Volunteer obligations
□ Church organization
Professional Services
□ Doctor/Dentist
□ Accountant
□ Lawyer
□ Financial Advisor
□ Insurance Agent
□ Veterinarian
□ Auto Mechanic
□ Ask for Referrals/Records Transfers
Government Offices
□ Secretary of State/ Department of Motor Vehicles
□ Social Security Administration
□ State/Federal Tax Bureaus
□ City/County Tax Assessor
□ Post Office
Have antiques, art, and other valuables appraised.
Make transportation arrangements for fragile cargo like pets and plants.
Odds and Ends
Check with insurance agent to ensure coverage during move through your homeowner’s/renter’s policy.
Begin to use up supplies of canned goods, frozen food, and other household items and purchase only what will be consumed or used before the move.
Begin collecting boxes and packing supplies. Start packing items that won’t be needed until after the move.
Include critical items such as ID, credit cards, checkbook, address book, keys, medications, flashlight, tools, disposable dishes and cups, towels, first aid kit, cleaning supplies, and travel games.
Pack a suitcase with personal items.
Service your vehicle in preparation of move.
Drain gas from all motorized outdoor equipment and follow manufacturer’s instructions for transportation preparation.
Service your computer and other electrical equipment and pack according to manufacturer’s instructions.
Dispose of flammable, corrosive, and poisonous materials according to local and federal statutes.
Collec t valuables from safe deposit box and make copies of important documents.
Clean out freezer(s) and prevent mold/mildew build up by dispersing baking soda throughout.
Review moving plans and make final packing decisions.
Create a file folder of information for new homeowner (brochures, manuals, warranties, etc.).
Assemble a list of prescriptions for transfer and have sufficient supply of medications during transition.
Confirm with moving company on the method of payment, address of pickup and delivery, and arrival date/time.
Verify final arrangements such as storage unit, vehicle and pet transportation, hotel, rental car, and/or temporary housing.
If you are moving any appliances, disconnect and prepare all major appliances according to manufacturer’s instructions.
Complete packing, clearly mark all boxes, and identify any items not to be moved.
Arrange for bills and utilities at your current residence to be transferred to your new residence.
Take pictures of furniture and gather fabric samples for decorating references at new home.
Make a list of items being transported personally, as it is important to keep all valuable and irreplaceable items with you.
Set aside items to be transported in your car and items needed first at new residence in boxes labeled “Last to be loaded.”
Confirm with movers on the job specifics such as address, directions, delivery timeline, and other instructions.
Supervise movers from start to finish or appoint a responsible representative to oversee movers and answer questions.
Inventory furniture for dents and scratches. Notify movers/moving company.
Complete a final walk-through of residence to ensure no items were accidentally left behind.
Dispose of any trash, clean/vacuum location, and leave residence in the same condition as when originally rented/purchased.
Check and lock all windows and doors, adjust thermostat to appropriate setting, and leave forwarding address, keys, and garage door openers for future tenants/owners.
If leaving residence vacant, plan on leaving contact information and keys with a friend, neighbor, or real estate agent. Also inform your insurance agent and local police of vacancy.
Before Movers Arrive
Check that utilities are on and properly working.
Review floor plan previously developed and mark locations of where furniture is to be placed or place a copy by the front doors that the movers can reference.
When Movers Arrive
Supervise unloading of belongings and be available to answer questions regarding furniture placement and distribution of boxes in their proper rooms.
Assist in unpacking and organizing. Begin with the basics and items of necessity.
Check belongings and note on inventory paperwork any damages before final document signatures.
Be sure to read all paperwork carefully and keep copies of documents (i.e. contract, bill of lading, and delivery receipt) in a safe place as verification of moving expenses for tax purposes.
Odds and Ends
Contact post office or mail carrier regarding any mail that may be held awaiting your arrival.
That’s it, you’ve made it. Now it’s time to enjoy your new home!
Additional Information Regarding Out-of-State Transaction
Driving/Vehicle Information
Check on the insurance law in your new state regarding mandatory liability insurance.
Obtain a drivers license in your new state through the Department of Public Safety. Be sure to have your valid out-of-state license, birth certificate, and proof of insurance.
Register your vehicle within 30 days. You will probably need the vehicle title, sales or tax affidavit, current drivers license, Vehicle Identification Certificate, current odometer reading, and proof of insurance/inspection.
Voter Registration
Most states require 30 days of residency prior to registration. Check with local Election Department for details.
Legal Information
Have your will reviewed for application in your new state. Estate laws vary from state to state and have the necessary revisions made. A will that does not conform to the state laws could have probate fees and other hassles.