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DISCLOSURES:
DIFFERENT BROKERAGE RELATIONSHIP ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, SUBAGENCY, BUYER AGENCY, OR TRANSACTION-BROKER.
Acorn Realty of Southern Colorado and its broker associates will most likely be working with you as a transaction-broker.
As a transaction broker we will assist you throughout the real estate transaction with communication, advice, negotiation, contracting and closing without being an agent or advocate for you or the seller. You are not vicariously liable (legally responsible) for our actions and a written contract with us is not required. For purposes of this disclosure, buyer also means "tenant" and seller also means "landlord"
As a transaction-broker we will:
+ Disclose to you any adverse material facts which we actually know about the property;
+ Perform any oral or written agreement made with you;
+ Exercise reasonable skill and care;
+ Present all offers in a timely manner;
+ Advise you regarding the transaction, including suggesting that you obtain expert advice on material matters about which we know but the specifics of which are beyond our expertise;
+ Account to you promptly for all money or property we receive;
+ Assist you in complying with the terms and conditions of any contract and with the closing of the transaction;
+ Assist you and the seller without regard to race, creed, sex, religion, national origin, familial status, marital status, or handicap.
As a transaction-broker we will not disclose the following information without your informed consent:
+ That you are willing to pay more than what you offer;
+ What the motivating factors are for you in buying or leasing the property;
+ That you will agree to financing terms other than those offered;
+ Any material information about you unless disclosure is required by law or if lack of disclosure would constitute dishonest dealing or fraud, except that we are required to disclose all adverse material facts pertaining to your financial ability to perform the terms of the transaction and whether you intend to occupy the property as a principal residence.
A Buyer's Agent:
+ Is engaged as a limited agent and works solely on behalf of the buyer and owes duties to the buyer which include the utmost good faith, loyalty and fidelity;
+ Will negotiate on behalf of and act as an advocate for the buyer;
+ Must disclose to potential sellers all adverse material facts concerning the buyer's financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property.
+ Buyer is legally responsible for the actions of the agent when such agent is acting within the scope of the agency. A separate written buyer agency agreement is required which sets forth the duties and obligations of the parties.
Other Disclosures to Prospective Buyers
1. Brokerage Relationships. We are most commonly acting in the capacity of Transaction Broker. This means a broker or salesperson who assists one or more parties throughout a contemplated real estate transaction and the closing of such a real estate transaction, without being an agent or advocate for the interests of any party to such transaction. However, there are times when we will act as the Seller's or Buyer's agent, acting specifically on the behalf of either the Seller or the Buyer, as each particular contract dictates. Our role in your transaction will be expressly stated in a separate disclosure and in any contract with us that you will sign.
2. Underground water. Accurately predicting the results of well drilling can't be done! No warranties or guarantees are made for the availability or depth of water.
3. Fences and boundary lines. Most fences in rural areas are not on the exact legally described boundary and many parcels of land have never been surveyed. Even if markers or fences are found, we do not warrant or guarantee that they are correct. It is the responsibility of all property buyers to rely on professional surveyors to determine the exact location of a specific property.
4. Access. We do not warrant or guarantee access to any property. That is the responsibility of the sellers, buyers and/or a title insurance company.
5. Surface water. The right to use water for irrigation in Colorado is permitted only by adjudicated rights under the doctrine of prior appropriation.
6. Open range. Colorado is a modified open range state which requires the landowner to fence livestock out if it is not wanted on the property.
7. Noxious weeds. As a result of legislation, there is a special weed district in all Colorado counties. Huerfano Co. mandates that landowners control noxious weeds. Control of noxious weeds is enforceable by the county. You are responsible for determining if these are, or may be, a problem on any property you consider buying.
8. Maps. Any maps we may provide are for general location purposes only.
9. Undermining and mineral rights. Some areas have been undermined and we do not warrant or guarantee that any property has not been undermined. Mineral rights are often owned and/or leased by parties other than the current land owner and may impact the property in the future. Mineral leases may, or may not, be a matter of public record and may, or may not, be known by the current land owner. We do not warrant or guarantee the validity, absence, or presence of mineral rights or leases or the likelihood of any such leases being exercised by the leaseholders.
10. Property information. Information about specific properties that we may give out in printed or verbal form is from sources that we believe are reliable, but such information is not guaranteed or warranted. All information is subject to errors, omission, change, prior sale, or withdrawal without notice. We go out of our way to be accurate and will do our best to find answers to your questions about any property.
11. Appropriateness of the property. It is the buyer's responsibility to determine if a particular property is appropriate for his/her intended uses. We recommend that you may want to consult various professionals, such as surveyors, attorneys, home inspectors, tax accountants, County building, health and/or zoning officials, or others, for information regarding whether a specific property, or purchase, is appropriate for your situation and intended uses.
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