Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
This insider report covers the most important items in the buying and selling process. It provides the overview of standard contingencies, Inspections, different types of insurance, title transfers, agency and environmental issues. Feel free to contact us for more information or detailed explanation. Form #2083 07/13 ©ST. LOUIS ASSOCIATION OF REALTORS® Approved by Counsel for the St. Louis Association of REALTORS® To be used exclusively by REALTORS® An Overview of the Home Buying and Selling Process (as referred to form #2090 Residential Sale Contract) As members of the National Association of REALTORS®, REALTORS® are actively engaged in the real estate business; bound by a Code of Ethics to provide good advice and honest treatment; and are committed to continuing education for updating their knowledge and skills. A brochure designed to acquaint prospective home Buyers and Sellers with the customs and procedures of the local real estate market. “It is important to both Buyer and Seller throughout the home buying and selling process from pre-approval through closing that all times and dates be met.” The Residential Sale Contract is a preprinted form, approved by Counsel for the St. Louis Association of REALTORS® and by the Bar Association of Metropolitan St. Louis for the exclusive use of their members. It is the controlling instrument reciting all of the terms and conditions of the purchase/sale. In order to become familiar with its contents, it is prudent to secure, read and understand the Residential Sale Contract at the beginning of the process. Missouri law does not require the use of an attorney in a real estate transaction. You may wish to consult an attorney if you have any questions about the transaction or the forms. Agency is for your protection. A Buyer’s or Seller’s first contact in the home buying or selling process should be with a REALTOR® of choice to ® establish a relationship. The Missouri Law requires that a REALTOR provide a Buyer or Seller with the Missouri Broker Disclosure Form. This form explains the types of agency relationships available and will assist the Buyer and Seller in determining which agency relationship best fits their particular needs. Should a Buyer or Seller desire representation, the REALTOR® will require a signed agreement. Contingencies are contained in the Residential Sale Contract including financing, title and survey, insurability, and inspections. These contingencies are for the benefit and protection of the Buyer, but they serve both the Buyer and the Seller. When satisfied, these contingencies serve to reduce the risk associated with the scheduled transfer of ownership and possession. Accordingly, it is important that sufficient time be allowed between the satisfaction of all contingencies and the scheduled closing date. Inclusions and Exclusions are to avoid any misunderstandings. The parties involved in a real estate transaction are urged to list as “included” or “excluded” any items which may be subject to question. Many of these items are already printed in the Residential Sale Contract. If there is any question whether or not an item is to convey with the property, it should be written into the Residential Sale Contract. Please read paragraph 2 of the Residential Sale Contract for details. Pre-approval means that a Buyer has consulted with a lender of his choice and has provided the necessary information to complete the approval process, including social security number. The lender reviews the information, including a credit report, and then issues a pre-approval or approval letter. Some lenders even state in the letter that credit has been reviewed. Many lenders provide this service at no charge, others charge a fee. Buyer should meet with a lender of choice to be pre-approved before investing time into looking for a home. Pre-qualification means that a potential Buyer has spoken to a lender of choice and the lender states that the Buyer can purchase a home within a certain price range, based upon the information provided at that point in time. This is not the same as a pre-approval, as the credit report has not been reviewed. This does not position the Buyer as well as pre-approval. The Financing Contingency contains a provision that allows the Buyer to apply for and attempt to secure specific financing as a part of the Residential Sale Contract. This clause requires the Buyer to proceed in good faith and cooperate fully with the lender, including a timely loan application with payment of required fees to the lender. The Buyer must notify the Seller of the Buyer’s inability to obtain financing by delivering written notice before the loan contingency date written on the contract. It is recommended that the Buyer who intends to borrow money for the purchase has a bona fide loan pre-approval from a reputable lender before beginning the house hunting process. Please read paragraph 4 of the Residential Sale Contract for details. Closing (Settlement, Escrow) is the exchange of the deed for the purchase price. The closing is normally held at the office of a title insurance company. Immediately prior to the real estate closing, the Buyer will execute all of the documents required by the lender in order to close the loan on the property, either at the lender’s office or at the title insurance company. Normally, the Buyer closes first and the Seller closes later in the day. All parties should close at a time that facilitates the agreed upon possession time indicated in the Residential Sale Contract. Often the Buyer and Seller close at different title companies. Buyer and Seller are each responsible for closing charges as defined in the contract. Page 1 of 2 The Conveyance of a property is normally by General Warranty Deed and is subject to recorded deed restrictions, easements, rights of way, etc. Most residential properties have restrictions such as utility easements, and most subdivisions have indentures containing use restrictions and trustee assessments. Strict zoning laws such as building lines and land use restrictions are applicable in most of the metropolitan areas. The Deed of Trust is the security instrument for the debt as evidenced by the Note which recites the terms of the loan. The Deed of Trust is recorded at the County/City Recorder’s office immediately after the General Warranty Deed has been recorded. After recording, the Deed of Trust is held by the lender until the note is paid in full. At that time, it should be forwarded, along with a recorded Deed of Release, to the Signatory. Riders are preprinted forms approved by Counsel for the St. Louis Association of REALTORS® and by the Bar Association of Metropolitan St. Louis for the exclusive use by their members. Some examples are the Contingency for Sale & Closing of Buyer’s Property, the Condominiums, Villas or Similar Lifestyle Communities, and the Appraisal Rider, which can be incorporated into the Residential Sale Contract as needed. The Title and Survey Contingency provides the opportunity for the Buyer to investigate the condition of the title to the property. If the seller does not close at the same title company as the buyer, or the seller’s choice of title company does not have a common underwriter with the buyer’s title company, then the seller will be required to sign a Notice of Closing or Settlement Risk acknowledging that their settlement funds are not protected by the title insurance underwriter. Title insurance and a boundary improvement (stake) survey are always recommended in order to protect the Buyer against liens and other defects affecting the property. Please read paragraph(s) 5 and 8 of the Residential Sale Contract for details. Real Estate Tax, subdivision assessments, condominium fees, flat rate utility charges, rents and interest if the Buyer assumes the loan is to be prorated as of the date of closing per the terms of the contract. Sex Offender Information As part of the Inspection Contingency, Buyer should contact law enforcement officials for information pertaining to whether registered sex offenders or other convicted criminals reside in the area. The Inspection Contingency provides the opportunity for the Buyer to have independent, qualified inspectors inspect the property and improvements and provide the Buyer with written reports at the Buyer’s expense. Professional inspections are always recommended. An Inspection Contingency brochure describes the intended purpose and process in more detail. Please read paragraph 10 of the Residential Sale Contract for details. Lead Based Paint Disclosure is provided by the Seller to notify the Buyer of any known lead based paint hazards in the subject property (if the home was built prior to 1978). The Disclosure also requires the Buyer to receive the pamphlet entitled, “Protect Your Family From Lead in Your Home” brochure. The Buyer has an opportunity to conduct an inspection of lead based paint or lead based paint hazards. A Home Warranty is a warranty policy provided by third party insurance companies that protects the buyer for a period of time (i.e. one year) for the cost of certain repairs for some elements of the home due to normal wear and tear. The cost and coverage differ depending on the company and policy selected. A policy can be purchased by the buyer, provided by the seller or not included at all. Homeowner’s Hazard Insurance is typically required by the lender. The Buyer has 10 days (unless otherwise agreed) from the acceptance deadline date to notify the Seller of his or her inability to obtain such insurance. Please read paragraph 10a, of the Residential Sale Contract for specific details. Governmental Inspections and Occupancy Requests are required in many areas. If the property is in an area that requires such inspections the Seller agrees to immediately request and pay for the appropriate inspection(s). The Seller must notify the Buyer in writing, within 15 days (unless otherwise agreed) after the contract’s acceptance deadline date, of any required repairs the Seller will not make. Buyer and Seller have 10 days to reach an agreement as to which party will satisfy the requirements. The Buyer may, at Buyer’s expense be required to obtain an occupancy permit. Please read paragraph 11 of the Residential Sale Contract for specific details. Seller’s Disclosure Statement is the Seller’s written disclosure of any defects, pertinent facts, or other known conditions regarding the subject property that could affect the buying decision. The Buyer should carefully read this statement and address any concerns within the terms of the contract. The Earnest Money Deposit is provided for in the Residential Sale Contract. Earnest money is part of the cash consideration and represents a “good faith” commitment and the earnest intent to perform on the part of the Buyer. The larger the earnest deposit, the stronger the offer appears in the eyes of the Seller. If the sale is closed, earnest money will be applied to the purchase price. If the earnest money is returned to the Buyer any expenses for services requested by Buyer may be withheld. Earnest money in dispute must be turned over to the State Treasurer within 365 days of the initial projected closing date, per Missouri Statute 339.105.4 RSMo. Please read paragraph 12 of the Residential Sale Contract for specific details. The Walk-through Provision provides that within 4 days prior to closing the Buyer has a right to walk-through the property to confirm the property is in the same general condition, ordinary wear and tear excepted, as it was on the date of the contract. During this time frame the buyer also has a right to verify any required repairs were completed in a workmanlike manner. This right is also extended to the original inspector of the property. The Buyer also has a right to have the utilities transferred into his or her name. The Seller should provide items integral to the property such as garage door openers, keys and alarm information. It is recommended that the Buyer have locks and codes changes after closing. Please read paragraph 21 of the Residential Sale Contract for specific details. Page 2 of 2 Printed Using formsRus.com On-Line Forms Software 1/13 Form #2060 07/13 ©ST. LOUIS ASSOCIATION OF REALTORS® Approved by Counsel for the St. Louis Association of REALTORS® To be used exclusively by REALTORS® “INSPECTIONS” Contingency Please be advised that this brochure is not a contract, does not replace the contractual provisions and is not a legal interpretation of the contractual provisions. No representations are made by this brochure as to the legal or practical effect of any contractual provision. If you have questions about your legal rights and liabilities under this or any other provision of the contract, you should consult your own attorney. ® This brochure is a brief explanation of the Inspection Contingency, Paragraph 10 of the joint St. Louis Association of REALTORS and Bar Association of Metropolitan St. Louis approved Residential Sale Contract. WHY DO I NEED INSPECTIONS? The “Inspections” contingency offers the Buyer the opportunity to discover information about the property beyond the Buyer’s visual observations, the “Sellers Disclosure Statement” and any marketing materials that may be available. Further investigations may expose one or more “unacceptable conditions.” Some unacceptable conditions may be learned through an “independent qualified inspector”, however, some conditions may be discovered by the Buyer’s further investigation of a wide variety of issues which may be important to the Buyer. An “independent qualified inspector” commonly examines household systems such as the roof, electrical, plumbing, heating, cooling, structure and foundation of the property. The Buyer should utilize local law enforcement resources if crime statistics or the proximity of sexual offenders to the home would be an unacceptable condition. A Buyer may wish to verify the school district where the property is located, the subdivision restrictions and covenants of a subdivision, a proposed road improvement in the area, code compliance for prior improvements or other factors that might affect the property. Additional inspections may be obtained for specialized systems or conditions such as: pools, hot tubs, saunas, alarms, sprinklers, drain lines, septic systems, and wells. Inspections for wood destroying insects, testing for lead based paint, asbestos, radon, mold, the presence of methamphetamine and other environmental pollutants usually require a qualified specialist to inspect the property. The inspections suggested above are not intended to be an exclusive list of the type or kind of inspections a Buyer may wish to perform or purchase. They are examples that demonstrate the Buyer’s options under this contingency. THE CONTINGENCY PROCESS The process begins by allowing the Buyer a specific period of time to obtain written property inspection reports from any independent qualified inspector. If the Buyer is satisfied with the inspection results, he so notifies the Seller and the contingency is resolved. If the Buyer is not satisfied with the inspection results or is simply not satisfied for any reason regardless of the inspection results, he must furnish a written Inspection Notice and all written inspection reports to the Seller or listing broker within the time specified in the contract. The Notice can either inform the Seller that the contract is terminated or it can identify certain requirements that, if agreed to by the Seller, would satisfy the Buyer. These requirements could be that the Seller corrects certain unacceptable conditions or provide a monetary adjustment at closing. If the Buyer has an inspection, the buyer has the unilateral right to terminate the contract unless he submits a request for remedy. If he elects not to terminate but instead, chooses to request that the Seller satisfy his identified requirements or conditions, he should proceed in good faith in attempting to accomplish a resolution of the contingency. If the Buyer provides a timely Inspection Notice, the process then provides the parties with a specified period of time in which to reach an agreement (the resolution period) or the contract terminates. During this resolution period, a written commitment by the Seller to meet the requirements originally submitted by the Buyer in the Inspection Notice or a written commitment by the Buyer to accept the property without satisfaction of such requirements, shall constitute an agreement for the purpose of this contingency. Page 1 of 2 The calendar shown here is provided to help understand the inspection time frames. It assumes a 10 day inspection period which is the contract time period unless otherwise specified. If the “Acceptance Deadline” date is the 5th of the month, day one is the 6th and the Inspection Notice must be in the hands of the Seller or listing broker by 11:59 p.m. on the 15th of the month. The resolution period works the same way. Day one is the day after the Inspection Notice, accompanied by a complete copy of written inspection reports, is received by the Seller or listing broker. IT IS VERY IMPORTANT TO REMEMBER THAT ALL REQUESTS AND NOTICES DESCRIBED ABOVE MUST BE TIMELY AND MUST BE IN WRITING. THE INSPECTION REPORT The Buyer may have the property inspected by any independent qualified inspector. It is recommended that the inspector be a member of a professional association. When reading an inspection report, it is important to understand that most home inspectors include suggestions for future improvements and general maintenance. This really isn’t the intended purpose of the contingency but it is typically very useful information for the new homeowner to understand how to maintain his investment. BUILDING INSPECTIONS The building inspection is a VISUAL inspection of the major structural and mechanical components of the dwelling unit and is not meant to be a code compliance inspection. All utilities should be turned on for a complete inspection to be performed. Note that the inspector can only inspect exposed and accessible systems and their components. Any wiring/ plumbing lines/ vents/ structural components, etc. that are concealed behind walls or are underground cannot be inspected. The following general areas are inspected. A. B. C. D. E. F. G. H. Electrical System – Identify the type/ manufacturer of the main panel and sub-panel(s) and the existence of ground cable; compatibility of overload protection with conductor size; spot check electrical switches and receptacles and look for exposed wiring. Interior Plumbing - Water supply; hot water source; interior plumbing lines; existence of vent pipe system; water pressure (functional flow); fixtures and faucets; proper drainage and piping. Roofing – Type and condition of roofing; guttering; venting; attic insulation. Walls, ceilings, floors, stairs and railings are inspected for major structural problems. Doors and windows are tested for proper operation. Exterior – Exterior wall coverings; flashing; trim; attached decks; balconies; stoops; steps; retaining walls and grading/surface drainage as they apply to the structure. Foundations – Basements; type of structure; materials; exposed areas of foundation (footings and piers cannot be inspected); evidence of water penetration. Note that an inspector cannot predict future settlement of a structure. Central Heating System (space heating not included) – Energy source; heating equipment; heating distribution; presence of heating source in each habitable room. The inspector will operate the system using normal manual controls. The inspector will not light the pilot. Cooling System (window units not included) – Energy source; cooling equipment; cooling distribution; presence of central cooling source in each habitable room. The inspector will operate the system using normal manual controls. The inspection is not intended to predict life expectancies of components such as roofs, air conditioners, heating systems, water heaters or appliances. Buyers should be aware that mechanical components can randomly or unexpectedly fail and that the inspector cannot predict such phenomenon. The inspection and written report present the inspector’s opinion of the conditions visible at the time of the inspection and is not a warranty or guarantee of the continued future performance of the home’s components. Note that home warranties can be purchased by home buyers which insure future performance/repair of many components of a home. Private or specialized systems may be excluded from inspections: examples may include HVAC, gas lines, fuel runs, pools, hot tubs, saunas, alarm, sprinkler, septic systems, wells, etc. Inspections for wood destroying insects, and testing for lead paint, asbestos, radon, mold and other environmental pollutants may also be excluded from standard inspections. Private inspections from qualified or licensed specialists should be obtained for these specialty items. As members of the National Association of REALTORS®, REALTORS® are actively engaged in the real estate business; bound by a Code of Ethics to provide good advice and honest treatment; and are committed to continuing education for updating their knowledge and skills. Page 2 of 2 Printed Using Professional Computer Forms Co. On-Line Forms Software 11/07 Form #2062 01/14 ©ST. LOUIS ASSOCIATION OF REALTORS® Approved by Counsel for the St. Louis Association of REALTORS® to be used exclusively by REALTORS® Title and Survey Contingency Explanation As members of the National Association of REALTORS®, REALTORS® are actively engaged in the real estate business; bound by a Code of Ethics to provide good advice and honest treatment; and are committed to continuing education for updating their knowledge and skills. This brochure is a brief explanation of the Title and Survey paragraph of the Residential Sale Contract that was approved by St. Louis Association of REALTORS® and the Bar Association of Metropolitan St. Louis. It will remain applicable to subsequent versions of the contract until a revision of the contract mandates its change. THE TITLE AND SURVEY CONTINGENCY PROCESS: The title contingency process begins with the choices provided on the sale contract and negotiated between Buyer and Seller. The agreement may be for the “Seller to Order, Provide and Purchase Title” or for the “Buyer to Order and Purchase Title.” The Buyer, in either case, may select the title company (in paragraph 5), which is to provide the title insurance and where the closing will take place. The Seller may close at the title company of his choice. The survey contingency process begins by allowing the Buyer to order, at the Buyer’s expense, either a boundary survey or Surveyor’s Real Property Report (SRPR). It is critical that the title examination and the survey be ordered as soon as possible to allow for the examination process to be completed and problems identified within the time limits provided in the contract. The parties should complete Title and Survey Work Order Form #2140. TITLE EXAMINATION: This contingency provides the Buyer the opportunity to inspect the condition of the title to the property. The title company selected to examine the condition of the title may provide title insurance to the Buyer and the Buyer’s lender, if applicable. The title policy may have exceptions including any title defect(s) discovered in this title examination process which are not corrected prior to closing. The commitment may also exclude the following items as listed in the sale contract: A) Zoning regulations B) Leases and occupancy of tenants existing on the date the contract is executed by the Buyer, and disclosed to the Buyer in writing before the execution of the contract C) General taxes payable in the current year and thereafter D) Any lien or encumbrance created by or assumed by Buyer in writing or any easement accepted by Buyer in writing E) Subdivision, use and other restrictions, rights of way and utility easements, all of record, which do not adversely affect the use of the property as it exists for residential purposes at the time of the contract. SURVEY EXAMINATION: The survey is an integral part of the title examination. The large majority of title defects involve those that an accurate survey would disclose. These defects might include property improvements built on easements or over building lines, or encroachments of the property improvements on to adjacent property or vice versa. These are all defects, some of which are more serious than others and some of which may not be able to be corrected, particularly in a timely manner. Form #2062 01/14 ©ST. LOUIS ASSOCIATION OF REALTORS® Approved by Counsel for the St. Louis Association of REALTORS® to be used exclusively by REALTORS® The contract allows the Buyer to order either a boundary survey or SRPR, at the Buyer’s expense. A boundary survey physically identifies the property corners, property lines, and the location of the improvements. A Surveyor’s Real Property Report (SRPR) is a visual guide and represents only a cursory check of the location of the improvements. It may not disclose such matters as encroachments, overlaps and boundary line or acreage discrepancies. A boundary survey is recommended to assure that defects are discovered in the examination process. CORRECTION OF DEFECTS: Except for the conditions outlined in A) through E) above, if during the examination process and time period, title and/or survey defect(s) are discovered that are unacceptable to the Buyer; then Buyer must give timely notice of the defect(s) to the Seller or listing broker by using the Title And Survey Notice Form #2167. If Seller is unable or unwilling to agree to correct the defect(s) objected to by Buyer; the Buyer has the option to terminate the contract. Please refer to the contract for details as to the applicable time frames for notices. NOTE ESPECIALLY FOR SELLERS: It is recommended that the Seller initiate the title examination process at the time the property is listed for sale in order to eliminate any title defect(s). Should any defect(s) be discovered by the Buyer, the Seller may find it difficult or time consuming to correct and the contract could be terminated by the Buyer. If the Buyer terminates the contract then the Seller may be required to reimburse the Buyer’s cost of title, survey, inspections and appraisal. LIMITATIONS OF PROFESSIONALS INVOLVED IN THE PROCESS: Real estate licensees are specifically prohibited from providing legal advice, which includes the interpretation of surveys or title reports. Similarly, under the decision of In re First Escrow, Inc., title companies may not “give advice or opinions as to the legal rights of their customers, the legal effect of the instrument, or the validity of titles to real estate.” Title company attorneys may not provide legal services to their company’s customers. For these reasons, if Buyers or Sellers have questions about information on the survey, they may ask the surveyor. If they have questions about the title commitment or policy, they may ask the title company employees. Questions about the legal implications of documents, including the sale contract, riders, addenda, survey, or title insurance policy should be directed to their attorney. Printed Using formsRus.com On-Line Forms Software 1/13 Form #2170 5/03 © ST. LOUIS ASSOCIATION OF REALTORS® Approved by Counsel for the St. Louis Association of REALTORS ® To be used exclusively by REALTORS ® Don't Take Property Insurance For Granted THE PROPERTY INSURANCE ISSUE: Recently, the property insurance environment has dramatically changed and continues to do so. Here are some important tips to consider about this new insurance environment: • Don't wait to secure your insurance. As soon as your offer is accepted, call your insurance agent and arrange for coverage. If you are shopping around, try to pick an insurance company/agent before you write an offer. Then, when your offer is accepted you will know whom to call. If you haven't picked an insurance company or agent by the time your offer is accepted, do it immediately after your offer is accepted. • Consider Learning Your Insurance Score. Consider buying an "Insurance Score" report. Similar to a "credit score," your "insurance score" is used by many insurance companies in deciding whether to extend insurance coverage to you. The components of your insurance score may vary from company to company, but usually include a composite of your credit score and possibly your past record of filing insurance claims on other properties you have owned or rented. One company offering Insurance Score Reports is Choice Trust. Their web site is www.choicetrust.com. A Choice Trust Insurance Score Report is available for a minimal fee. • Obtain "CLUE" for Current Property: Consider obtaining a "CLUE" Report for the property you currently own. "CLUE" means Comprehensive Loss Underwriting Exchange." CLUE is a database of insurance claims on properties throughout the United States. Insurance Companies contribute claims information about properties they have insured and thus a record of claims as to each property that has been insured by a contributing company has been built over the past 10 to 12 years. Generally, claims over the past 5 years are available through the CLUE database. CLUE Reports are used by insurance companies to decide whether to insure a property. If a CLUE Report reveals that a property has had "too many" past claims or certain types of claims (such as water damage), many insurance companies will not insure the property. Unfortunately, there is no standard among insurance companies about what are "too many" claims to result in a denial of coverage. CLUE Reports can be obtained at the Choice Trust website, www.choicetrust.com. There is a nominal charge to obtain a CLUE Report. The best time to get a CLUE Report for your own property is before you put it on the market and before you write an offer to buy a new property. If your current property's CLUE Report reveals significant insurability issues, this may affect the salability of your property. • Consider Asking: Consider asking the seller of the property you are interested in buying for a CLUE Report for their property before writing an offer to buy. Only the owner of the property can obtain a CLUE Report. • When Buying Your Insurance: When buying your insurance, ask your insurance agent if the binder or policy can be cancelled by the insurance company after it has been issued. Some binders and policies give the insurance company up to 60 days or more to cancel the policy for any reason, including information revealed in a CLUE Report. This 60 day period may extend after your closing date. Cancellation of your insurance after closing could cause serious problems for you with your lender. • Cost of Insurance: Even if property insurance is available, it may be significantly more expensive than in the past. Property insurance premiums have risen substantially overall in the past several months. Also, a property that has an unfavorable CLUE Report may be insurable, but only at a significantly higher premium. Buyers with low insurance scores may also be required to pay higher premiums to secure property insurance. • Consider Higher Deductibles: Consider higher deductibles to make your insurance more affordable. 10-12% discounts are offered on $1,000 deductibles rather than the $500 deductible option. Source: Bruce H. Aydt, ABR, ABRM, CRB CHOICES AVAILABLE TO YOU IN MISSOURI Seller’s or Landlord’s Limited Agent Designated Agent Duty to perform the terms of the written agreement made with the seller or landlord, to exercise reasonable skill and care for the seller or landlord, and to promote the interests of the seller or landlord with the utmost good faith, loyalty and fidelity in the sale, lease, or management of property. Acts as your specific agent, whether you are a buyer or tenant, or seller or landlord. When the broker makes this appointment, the other real estate licensees in the company do not represent you. Information given by the buyer/tenant to a licensee acting as a Seller’s or Landlord’s Limited Agent will be disclosed to the seller/landlord. Buyer’s or Tenant’s Limited Agent Duty to perform the terms of the written agreement made with the buyer or tenant, to exercise reasonable skill and care for the buyer or tenant and to promote the interests of the buyer or tenant with the utmost good faith, loyalty and fidelity in the purchase or lease of property. Information given by the seller/landlord to a licensee acting as a Buyer’s or Tenant’s Limited Agent will be disclosed to the buyer/tenant. Sub-Agent (Agent of the Agent) Owes the same obligations and responsibilites as the Seller’s or Landlord’s Limited Agent, or Buyer’s or Tenant’s Limited Agent. Disclosed Dual Agent With the written consent of all parties, represents both the seller and the buyer or the landlord and the tenant. A Disclosed Dual Agent may disclose any information to either party that the licensee gains that is material to the transaction. A dual agent may not disclose information that is considered confidential, such as: i Buyer/Tenant will pay more than the purchase price or lease rate i Seller/Landlord will accept less than the asking price or lease rate i Either party will agree to financing terms other than those offered i Motivating factors for any person buying, selling or leasing the property i Terms of any prior offers or counter offers made by any party. There are two exceptions with both resulting in dual agency: 1. The agent representing you as a buyer or tenant is also the agent who listed the property you may want to buy or lease. 2. The supervising broker of two designated agents becomes involved in the transaction. Transaction Broker Does not represent either party, therefore, does not advocate the interest of either party. A transaction broker is responsible for performing the following: i Protect the confidences of both parties i Exercise reasonable skill and care i Present all written offers in a timely manner i Keep the parties fully informed i Account for all money and property received i Assist the parties in complying with the terms and conditions of the contract i Disclose to each party of the transaction any adverse material facts known by the licensee i Suggest that the parties obtain expert advice. A transaction broker shall not disclose: i Buyer/Tenant will pay more than the purchase or lease price i Seller/Landlord will accept less than the asking or lease price i Motivating factors of the parties i Seller/Buyer will accept financing terms other than those offered. A transaction broker has no duty to: i conduct an independent inspection of, or discover any defects in, the property for the benefit of either party i conduct an independent investigation of the buyer’s financial condition. Printed Using Professional Computer Forms Co. On-Line Forms Software 01/05 Other Agency Relationships MISSOURI BROKER DISCLOSURE FORM Missouri law does not prohibit written agency agreements which provide for duties exceeding that of a limited agent described in this pamphlet. This brokerage authorizes the following relationships: Seller’s Limited Agent Landlord’s Limited Agent Buyer’s Limited Agent Tenant’s Limited Agent Sub-Agent Disclosed Dual Agent Designated Agent Transaction Broker Other Agency Relationship ✘ ✘ ✘ ✘ ✘ ✘ ✘ ✘ Broker or Entity Name and Address Expert, REALTORS 2 City Place Drive Suite 200 St. Louis, MO 63141 This disclosure is to enable you, a prospective buyer, seller, tenant or landlord of real estate, to make an informed choice BEFORE working with a real estate licensee. Missouri law allows licensees to work for the interest of one or both of the parties to the transaction. The law also allows the licensee to work in a neutral position. How the licensee works depends on the type of brokerage service agreements involved. Since the sale or lease of real estate can involve several licensees, it is important that you understand what options are available to you regarding representation and to understand the relationships among the parties to any transaction in which you are involved. Missouri laws require that if you want representation, you must enter into a written agreement. This may or may not require you to pay a commission. You do not need to enter into a written agreement with a transaction broker unless you intend to compensate this licensee. These agreements vary and you may also want to consider an exclusive or nonexclusive type of relationship. If you choose not to be represented by an agent, the licensee working with you may be working for the other party to the transaction. Prescribed by the Missouri Real Estate Commission as of January, 2005 Protect Your Family From Lead in Your Home United States Environmental Protection Agency United States Consumer Product Safety Commission United States Department of Housing and Urban Development SeptSeptember 2013 Are You Planning to Buy or Rent a Home Built Before 1978? Did you know that many homes built before 1978 have lead-based paint? Lead from paint, chips, and dust can pose serious health hazards. Read this entire brochure to learn: • • • • How lead gets into the body About health effects of lead What you can do to protect your family Where to go for more information Before renting or buying a pre-1978 home or apartment, federal law requires: • Sellers must disclose known information on lead-based paint or leadbased paint hazards before selling a house. • Real estate sales contracts must include a specific warning statement about lead-based paint. Buyers have up to 10 days to check for lead. • Landlords must disclose known information on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a specific warning statement about lead-based paint. If undertaking renovations, repairs, or painting (RRP) projects in your pre-1978 home or apartment: • Read EPA’s pamphlet, The Lead-Safe Certified Guide to Renovate Right, to learn about the lead-safe work practices that contractors are required to follow when working in your home (see page 12). Simple Steps to Protect Your Family from Lead Hazards If you think your home has lead-based paint: • Don’t try to remove lead-based paint yourself. • Always keep painted surfaces in good condition to minimize deterioration. • Get your home checked for lead hazards. Find a certified inspector or risk assessor at epa.gov/lead. • Talk to your landlord about fixing surfaces with peeling or chipping paint. • Regularly clean floors, window sills, and other surfaces. • Take precautions to avoid exposure to lead dust when remodeling. • When renovating, repairing, or painting, hire only EPA- or stateapproved Lead-Safe certified renovation firms. • Before buying, renting, or renovating your home, have it checked for lead-based paint. • Consult your health care provider about testing your children for lead. Your pediatrician can check for lead with a simple blood test. • Wash children’s hands, bottles, pacifiers, and toys often. • Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. • Remove shoes or wipe soil off shoes before entering your house. 1 Lead Gets into the Body in Many Ways Adults and children can get lead into their bodies if they: • Breathe in lead dust (especially during activities such as renovations, repairs, or painting that disturb painted surfaces). • Swallow lead dust that has settled on food, food preparation surfaces, and other places. • Eat paint chips or soil that contains lead. Lead is especially dangerous to children under the age of 6. • At this age, children’s brains and nervous systems are more sensitive to the damaging effects of lead. • Children’s growing bodies absorb more lead. • Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. Women of childbearing age should know that lead is dangerous to a developing fetus. • Women with a high lead level in their system before or during pregnancy risk exposing the fetus to lead through the placenta during fetal development. 2 Health Effects of Lead Lead affects the body in many ways. It is important to know that even exposure to low levels of lead can severely harm children. In children, exposure to lead can cause: • Nervous system and kidney damage • Learning disabilities, attention deficit disorder, and decreased intelligence • Speech, language, and behavior problems • Poor muscle coordination • Decreased muscle and bone growth • Hearing damage While low-lead exposure is most common, exposure to high amounts of lead can have devastating effects on children, including seizures, unconsciousness, and, in some cases, death. Although children are especially susceptible to lead exposure, lead can be dangerous for adults, too. In adults, exposure to lead can cause: • Harm to a developing fetus • Increased chance of high blood pressure during pregnancy • Fertility problems (in men and women) • High blood pressure • Digestive problems • Nerve disorders • Memory and concentration problems 3 • Muscle and joint pain Check Your Family for Lead Get your children and home tested if you think your home has lead. Children’s blood lead levels tend to increase rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect lead. Blood lead tests are usually recommended for: • Children at ages 1 and 2 • Children or other family members who have been exposed to high levels of lead • Children who should be tested under your state or local health screening plan Your doctor can explain what the test results mean and if more testing will be needed. 4 Where Lead-Based Paint Is Found In general, the older your home or childcare facility, the more likely it has lead-based paint.1 Many homes, including private, federally-assisted, federallyowned housing, and childcare facilities built before 1978 have lead-based paint. In 1978, the federal government banned consumer uses of lead-containing paint.2 Learn how to determine if paint is lead-based paint on page 7. Lead can be found: • In homes and childcare facilities in the city, country, or suburbs, • In private and public single-family homes and apartments, • On surfaces inside and outside of the house, and • In soil around a home. (Soil can pick up lead from exterior paint or other sources, such as past use of leaded gas in cars.) Learn more about where lead is found at epa.gov/lead. 5 1 “Lead-based paint” is currently defined by the federal government as paint with lead levels greater than or equal to 1.0 milligram per square centimeter (mg/cm), or more than 0.5% by weight. 2 “Lead-containing paint” is currently defined by the federal government as lead in new dried paint in excess of 90 parts per million (ppm) by weight. Identifying Lead-Based Paint and Lead-Based Paint Hazards Deteriorating lead-based paint (peeling, chipping, chalking, cracking, or damaged paint) is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear and tear, such as: • On windows and window sills • Doors and door frames • Stairs, railings, banisters, and porches Lead-based paint is usually not a hazard if it is in good condition and if it is not on an impact or friction surface like a window. Lead dust can form when lead-based paint is scraped, sanded, or heated. Lead dust also forms when painted surfaces containing lead bump or rub together. Lead paint chips and dust can get on surfaces and objects that people touch. Settled lead dust can reenter the air when the home is vacuumed or swept, or when people walk through it. EPA currently defines the following levels of lead in dust as hazardous: • 40 micrograms per square foot (μg/ft2) and higher for floors, including carpeted floors • 250 μg/ft2 and higher for interior window sills Lead in soil can be a hazard when children play in bare soil or when people bring soil into the house on their shoes. EPA currently defines the following levels of lead in soil as hazardous: • 400 parts per million (ppm) and higher in play areas of bare soil • 1,200 ppm (average) and higher in bare soil in the remainder of the yard Remember, lead from paint chips—which you can see—and lead dust—which you may not be able to see—both can be hazards. The only way to find out if paint, dust, or soil lead hazards exist is to test for them. The next page describes how to do this. 6 Checking Your Home for Lead You can get your home tested for lead in several different ways: • A lead-based paint inspection tells you if your home has leadbased paint and where it is located. It won’t tell you whether your home currently has lead hazards. A trained and certified testing professional, called a lead-based paint inspector, will conduct a paint inspection using methods, such as: • Portable x-ray fluorescence (XRF) machine • Lab tests of paint samples • A risk assessment tells you if your home currently has any lead hazards from lead in paint, dust, or soil. It also tells you what actions to take to address any hazards. A trained and certified testing professional, called a risk assessor, will: • Sample paint that is deteriorated on doors, windows, floors, stairs, and walls • Sample dust near painted surfaces and sample bare soil in the yard • Get lab tests of paint, dust, and soil samples • A combination inspection and risk assessment tells you if your home has any lead-based paint and if your home has any lead hazards, and where both are located. Be sure to read the report provided to you after your inspection or risk assessment is completed, and ask questions about anything you do not understand. 7 Checking Your Home for Lead, continued In preparing for renovation, repair, or painting work in a pre-1978 home, Lead-Safe Certified renovators (see page 12) may: • Take paint chip samples to determine if lead-based paint is present in the area planned for renovation and send them to an EPA-recognized lead lab for analysis. In housing receiving federal assistance, the person collecting these samples must be a certified lead-based paint inspector or risk assessor • Use EPA-recognized tests kits to determine if lead-based paint is absent (but not in housing receiving federal assistance) • Presume that lead-based paint is present and use lead-safe work practices There are state and federal programs in place to ensure that testing is done safely, reliably, and effectively. Contact your state or local agency for more information, visit epa.gov/lead, or call 1-800-424-LEAD (5323) for a list of contacts in your area.3 3 Hearing- or speech-challenged individuals may access this number through TTY by calling the Federal Relay Service at 1-800-877-8399. 8 What You Can Do Now to Protect Your Family If you suspect that your house has lead-based paint hazards, you can take some immediate steps to reduce your family’s risk: • If you rent, notify your landlord of peeling or chipping paint. • Keep painted surfaces clean and free of dust. Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner. (Remember: never mix ammonia and bleach products together because they can form a dangerous gas.) • Carefully clean up paint chips immediately without creating dust. • Thoroughly rinse sponges and mop heads often during cleaning of dirty or dusty areas, and again afterward. • Wash your hands and your children’s hands often, especially before they eat and before nap time and bed time. • Keep play areas clean. Wash bottles, pacifiers, toys, and stuffed animals regularly. • Keep children from chewing window sills or other painted surfaces, or eating soil. • When renovating, repairing, or painting, hire only EPA- or stateapproved Lead-Safe Certified renovation firms (see page 12). • Clean or remove shoes before entering your home to avoid tracking in lead from soil. • Make sure children avoid fatty (or high fat) foods and eat nutritious meals high in iron and calcium. Children with good diets absorb less lead. 9 Reducing Lead Hazards Disturbing lead-based paint or removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. • In addition to day-to-day cleaning and good nutrition, you can temporarily reduce lead-based paint hazards by taking actions, such as repairing damaged painted surfaces and planting grass to cover leadcontaminated soil. These actions are not permanent solutions and will need ongoing attention. • You can minimize exposure to lead when renovating, repairing, or painting by hiring an EPA- or statecertified renovator who is trained in the use of lead-safe work practices. If you are a do-it-yourselfer, learn how to use lead–safe work practices in your home. • To remove lead hazards permanently, you should hire a certified lead abatement contractor. Abatement (or permanent hazard elimination) methods include removing, sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not permanent control. Always use a certified contractor who is trained to address lead hazards safely. • Hire a Lead-Safe Certified firm (see page 12) to perform renovation, repair, or painting (RRP) projects that disturb painted surfaces. • To correct lead hazards permanently, hire a certified lead abatement professional. This will ensure your contractor knows how to work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. 10 Reducing Lead Hazards, continued If your home has had lead abatement work done or if the housing is receiving federal assistance, once the work is completed, dust cleanup activities must be conducted until clearance testing indicates that lead dust levels are below the following levels: • 40 micrograms per square foot (μg/ft2) for floors, including carpeted floors • 250 μg/ft2 for interior windows sills • 400 μg/ft2 for window troughs For help in locating certified lead abatement professionals in your area, call your state or local agency (see pages 14 and 15), or visit epa.gov/lead, or call 1-800-424-LEAD. 11 Renovating, Remodeling, or Repairing (RRP) a Home with Lead-Based Paint If you hire a contractor to conduct renovation, repair, or painting (RRP) projects in your pre-1978 home or childcare facility (such as pre-school and kindergarten), your contractor must: • Be a Lead-Safe Certified firm approved by EPA or an EPA-authorized state program • Use qualified trained individuals (Lead-Safe Certified renovators) who follow specific lead-safe work practices to prevent lead contamination • Provide a copy of EPA’s lead hazard information document, The Lead-Safe Certified Guide to Renovate Right RRP contractors working in pre-1978 homes and childcare facilities must follow lead-safe work practices that: • Contain the work area. The area must be contained so that dust and debris do not escape from the work area. Warning signs must be put up, and plastic or other impermeable material and tape must be used. • Avoid renovation methods that generate large amounts of lead-contaminated dust. Some methods generate so much leadcontaminated dust that their use is prohibited. They are: • Open-flame burning or torching • Sanding, grinding, planing, needle gunning, or blasting with power tools and equipment not equipped with a shroud and HEPA vacuum attachment and • Using a heat gun at temperatures greater than 1100°F • Clean up thoroughly. The work area should be cleaned up daily. When all the work is done, the area must be cleaned up using special cleaning methods. • Dispose of waste properly. Collect and seal waste in a heavy duty bag or sheeting. When transported, ensure that waste is contained to prevent release of dust and debris. To learn more about EPA’s requirements for RRP projects visit epa.gov/getleadsafe, or read The Lead-Safe Certified Guide to Renovate Right. 12 Other Sources of Lead While paint, dust, and soil are the most common sources of lead, other lead sources also exist: • Drinking water. Your home might have plumbing with lead or lead solder. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might contain lead: • Use only cold water for drinking and cooking. • Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. Call your local health department or water supplier to find out about testing your water, or visit epa.gov/lead for EPA’s lead in drinking water information. • Lead smelters or other industries that release lead into the air. • Your job. If you work with lead, you could bring it home on your body or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family’s clothes. • Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. Call your local health department for information about hobbies that may use lead. • Old toys and furniture may have been painted with lead-containing paint. Older toys and other children’s products may have parts that contain lead.4 • Food and liquids cooked or stored in lead crystal or lead-glazed pottery or porcelain may contain lead. • Folk remedies, such as “greta” and “azarcon,” used to treat an upset stomach. 4 13 In 1978, the federal government banned toys, other children’s products, and furniture with lead-containing paint (16 CFR 1303). In 2008, the federal government banned lead in most children’s products. The federal government currently bans lead in excess of 100 ppm by weight in most children’s products (76 FR 44463). For More Information The National Lead Information Center Learn how to protect children from lead poisoning and get other information about lead hazards on the Web at epa.gov/lead and hud.gov/lead, or call 1-800-424-LEAD (5323). EPA’s Safe Drinking Water Hotline For information about lead in drinking water, call 1-800-426-4791, or visit epa.gov/lead for information about lead in drinking water. Consumer Product Safety Commission (CPSC) Hotline For information on lead in toys and other consumer products, or to report an unsafe consumer product or a product-related injury, call 1-800-638-2772, or visit CPSC’s website at cpsc.gov or saferproducts.gov. State and Local Health and Environmental Agencies Some states, tribes, and cities have their own rules related to leadbased paint. Check with your local agency to see which laws apply to you. Most agencies can also provide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone information for your state or local contacts on the Web at epa.gov/lead, or contact the National Lead Information Center at 1-800-424-LEAD. Hearing- or speech-challenged individuals may access any of the phone numbers in this brochure through TTY by calling the tollfree Federal Relay Service at 1-800-877-8339. 14 U. S. Environmental Protection Agency (EPA) Regional Offices The mission of EPA is to protect human health and the environment. Your Regional EPA Office can provide further information regarding regulations and lead protection programs. Region 1 (Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribes) Regional Lead Contact U.S. EPA Region 1 5 Post Office Square, Suite 100, OES 05-4 Boston, MA 02109-3912 (888) 372-7341 Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 (214) 665-2704 Region 2 (New Jersey, New York, Puerto Rico, Virgin Islands) Region 7 (Iowa, Kansas, Missouri, Nebraska) Regional Lead Contact U.S. EPA Region 2 2890 Woodbridge Avenue Building 205, Mail Stop 225 Edison, NJ 08837-3679 (732) 321-6671 Region 3 (Delaware, Maryland, Pennsylvania, Virginia, DC, West Virginia) Regional Lead Contact U.S. EPA Region 3 1650 Arch Street Philadelphia, PA 19103 (215) 814-2088 Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 AFC Tower, 12th Floor, Air, Pesticides & Toxics 61 Forsyth Street, SW Atlanta, GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago, IL 60604-3666 (312) 886-7836 15 Regional Lead Contact U.S. EPA Region 7 11201 Renner Blvd. WWPD/TOPE Lenexa, KS 66219 (800) 223-0425 Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Lead Contact U.S. EPA Region 8 1595 Wynkoop St. Denver, CO 80202 (303) 312-6966 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. EPA Region 9 (CMD-4-2) 75 Hawthorne Street San Francisco, CA 94105 (415) 947-4280 Region 10 (Alaska, Idaho, Oregon, Washington) Regional Lead Contact U.S. EPA Region 10 Solid Waste & Toxics Unit (WCM-128) 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 (206) 553-1200 Consumer Product Safety Commission (CPSC) The CPSC protects the public against unreasonable risk of injury from consumer products through education, safety standards activities, and enforcement. Contact CPSC for further information regarding consumer product safety and regulations. CPSC 4330 East West Highway Bethesda, MD 20814-4421 1-800-638-2772 cpsc.gov or saferproducts.gov U. S. Department of Housing and Urban Development (HUD) HUD’s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. Contact HUD’s Office of Healthy Homes and Lead Hazard Control for further information regarding the Lead Safe Housing Rule, which protects families in pre-1978 assisted housing, and for the lead hazard control and research grant programs. HUD 451 Seventh Street, SW, Room 8236 Washington, DC 20410-3000 (202) 402-7698 hud.gov/offices/lead/ This document is in the public domain. It may be produced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily provide complete protection in all situations or against all health hazards that can be caused by lead exposure. U. S. EPA Washington DC 20460 U. S. CPSC Bethesda MD 20814 U. S. HUD Washington DC 20410 EPA-747-K-12-001 September 2013 16 IMPORTANT! Lead From Paint, Dust, and Soil in and Around Your Home Can Be Dangerous if Not Managed Properly • Children under 6 years old are most at risk for lead poisoning in your home. • Lead exposure can harm young children and babies even before they are born. • Homes, schools, and child care facilities built before 1978 are likely to contain lead-based paint. • Even children who seem healthy may have dangerous levels of lead in their bodies. • Disturbing surfaces with lead-based paint or removing lead-based paint improperly can increase the danger to your family. • People can get lead into their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. • People have many options for reducing lead hazards. Generally, lead-based paint that is in good condition is not a hazard (see page 10). Printed Using formsRus.com On-Line Forms Software 9/14