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Information About Brokerage Services

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228 views16 pages

Information About Brokerage Services

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11/2/2015

Information About Brokerage Services


Texas law requires all real estate licensees to give the following information about
brokerage services to prospective buyers, tenants, sellers and landlords.

TYPES OF REAL ESTATE LICENSE HOLDERS:


● A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker.
● A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.

A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):
● Put the interests of the client above all others, including the broker's own interests;
● Inform the client of any material information about the property or transaction received by the broker;
● Answer the client's questions and present any offer to or counter-offer from the client; and
● Treat all parties to a real estate transaction honestly and fairly.

A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION:

AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties
above and must inform the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent.

AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a
written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent.

AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or
underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:
● Must treat all parties to the transaction impartially and fairly;
● May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
● Must not, unless specifically authorized in writing to do so by the party, disclose:
○ that the owner will accept a price less than the written asking price;
○ that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
○ any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law.

AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.

TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
● The broker's duties and responsibilities to you, and your obligations under the representation agreement.
● Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.

LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for
you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records.

WORLD WIDE REALTY, LLC 9005393 bill@wwrlty.com (832)877-2740


Licensed Broker /Broker Firm Name or License No. Email Phone
Primary Assumed Business Name
BILL ERBIL 0454171 bill@wwrlty.com (832)877-2740
Designated Broker of Firm License No. Email Phone
BILL ERBIL 0454171 bill@wwrlty.com (832)877-2740
Licensed Supervisor of Sales Agent/ License No. Email Phone
Associate
LAMAR WHEELER 633491 soldbylamar@gmail.com (254)383-3736
Sales Agent/Associate's Name License No. Email Phone

Buyer/Tenant/Seller/Landlord Initials Date

Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov


IABS 1-0 Date
WORLD WIDE REALTY, LLC, 2323 S. Voss Rd. STE 315-C Houston TX 77057 Phone: (254)383-3736 Fax: 5705 Greengate Dr
Lamar Wheeler Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
TEXAS ASSOCIATION OF REALTORS®
GENERAL INFORMATION AND NOTICE TO BUYERS AND SELLERS
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2018

Be an informed seller or buyer. The following information may assist you during your real estate
transaction.

ANNEXATION. If a property is outside the limits of a municipality, the buyer should be aware that the property
may later be annexed by a nearby municipality. The buyer may find information on the boundaries of nearby
municipalities by contacting the municipalities directly.
APPRAISAL. An appraisal is a valuation of the property. An appraiser renders an estimate of value as of a
certain date under assumptions and conditions stated in the appraisal report. Typically, a buyer's lender requires
an appraisal to verify that the loan is secured by property that is worth a certain amount. An appraisal is not the
same as an inspection.
BROKERS. A real estate broker represents a party (buyer or seller) in a real estate transaction or may act as
an intermediary between the parties. A party may work with the broker or with one of the broker's agents. Both
a buyer and seller will be provided a form titled “Information About Brokerage Services” (TAR 2501) which
defines agency relationships. An agent may help a seller market the property or help a buyer locate a
property. The agent is obligated to negotiate the transaction and may assist in gathering information and may
coordinate many details in the transaction. Brokers and agents are not inspectors. They do not possess the
expertise to conduct inspections and therefore do not make any representations, warranties, or guarantees
about a property's condition. Agents are not attorneys. Parties are encouraged to seek the assistance of an
attorney to help in understanding any of the legal consequences and provisions of the contract or transaction.
ENVIRONMENTAL CONCERNS.
General. Over the years the market has identified environmental conditions that buyers should know
may exist. Environmental hazards include, but are not limited to, conditions such as: asbestos, lead-based paint,
mold, pesticides, radon gas, toxic waste, underground storage tanks, urea formaldehyde insulation, and other
pollutants. Wetlands or endangered species on the property may restrict the use of the property.
Environmental Inspections. If the buyer is concerned that environmental hazards, wetlands, or
endangered species may be present on the property, the buyer should hire a qualified expert to inspect the
property for such items. The parties may include a promulgated addendum (TAR 1917) in the contract that
may address such matters.
Lead-Based Paint. If a property was built before 1978, federal law requires that the seller provide the
buyer with: (1) the pamphlet titled “Protect Your Family from Lead in Your Home” (TAR 2511); (2) the records
and reports the seller has concerning lead-based paint or hazards; and (3) an opportunity to have the property
inspected for lead-based paint or hazards.
Mold. It is not uncommon to find mold spores in a property. The concern about mold increases when
there are large amounts of mold found in a property. The Texas Department of Insurance publishes a document
titled “Protect Your Home from Mold” (TAR 2507) which discusses mold in more detail.
Oak Wilt and Diseased Trees. There are diseases such as oak wilt and other conditions that may
affect trees and other plants. Oak wilt is a fungus that affects certain oak trees. If the buyer is concerned
about such matters, the buyer may have the trees and other plants inspected by a professional.
Noise. Surrounding properties are used for a variety of purposes. Some of the uses cause noise (for
example, airports, railways, highways, restaurants, bars, schools, arenas and construction). The buyer is
encouraged to drive to review the area around the property at various times and days.

(TAR-1506) 02-01-18 Page 1 of 5


WORLD WIDE REALTY, LLC, 2323 S. Voss Rd. STE 315-C Houston TX 77057 Phone: (254)383-3736 Fax: 5705 Greengate Dr
Lamar Wheeler Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
General Information and Notices to a Buyer and Seller BONIFACIO, MARIO B

EXPANSIVE SOILS. Soil conditions vary greatly throughout Texas. Many soils will move; some more than
others. This movement will, many times, affect the foundation of homes and buildings and may cause cracks
to appear in walls or other parts of the building. Additionally, if a property is newly constructed, the concrete
curing process may also cause the foundation of the building to move. Seasonal changes in the moisture in
the soil may also cause foundations to move. The buyer should check with an inspector and other experts on
preventive methods to minimize the risk of such movement.
FIRPTA. The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) may require buyers in certain
transactions involving a seller who qualifies as a “foreign person” to withhold up to 15% of the amount realized
by the seller (usually the sales price) for federal taxes. A “foreign person” is defined as a: (1) nonresident alien
individual; (2) foreign corporation that has not made an election under section 897(i) of the Internal Revenue
Code to be treated as a domestic corporation; or (3) foreign partnership, trust, or estate. The definition does
not include a resident alien individual. A seller should notify the buyer whether the seller is a “foreign person”
as defined by federal law. If the seller is unsure whether he or she qualifies as a “foreign person”, the seller
should consult a tax professional or an attorney.
FLOOD HAZARD, FLOODWAYS, AND FLOOD INSURANCE. Many properties are in flood hazard areas.
Lenders who make loans on properties located in special flood hazard areas typically require the owner to
maintain flood insurance. Additionally, some properties may lie in the floodway. The Texas Association of
REALTORS® publishes a form titled, “Information about Special Flood Hazard Areas” (TAR 1414), which
discusses flood hazard areas and floodways in more detail. The buyer is encouraged to buy flood insurance
regardless of whether the property is in a high, moderate, or low risk flood area.
HISTORIC OR CONSERVATION DISTRICTS. Properties located in historic or conservation districts may have
restrictions on use and architecture of the properties. Local governments may create historic or conservation
districts for the preservation of certain architectural appeal. A property owner may or may not be aware if the
property is located in such a district. If the buyer is concerned whether the property is located in such a district,
contact the local government for specific information.
INSPECTION, REPAIRS, & WALK-THROUGH.
Inspections. The buyer is encouraged to have the property inspected by licensed inspectors. The
buyer should have the inspections completed during any option period. The buyer should accompany
the inspectors during the inspections and ask the inspectors any questions. Brokers and agents do not
possess any special skills, knowledge or expertise concerning inspections or repairs. If the buyer requests
names of inspectors or repair professionals from an agent, the buyer should note that the agent is not making
any representation or warranty as to the ability or workmanship of the inspector or repair professionals.
Repairs. The buyer and the seller should resolve, in writing, any obligation and any timing of the
obligation to complete repairs the buyer may request before the option period expires.
Walk-Through. Before the close of the sale, the buyer should walk through the property and verify that
any repairs are complete. If the condition of the property does not satisfy the contractual provisions, the buyer
should notify the buyer's agent before closing.
MANDATORY OWNERS' ASSOCIATIONS. An owners' association may require a property owner to be a
member. The buyer may obtain subdivision information (the restrictions applying to the subdivision, the bylaws
and rules of the owners' association, and a resale certificate). The buyer may be required to pay for the
subdivision information unless otherwise negotiated in the contract. If membership in an owners' association is
required, the buyer will probably be obligated to pay periodic dues or assessments. Failure to pay such dues
could result in a lien on and foreclosure of the property.
MINERAL INTERESTS. Determining who owns the mineral interests under a property (for example, rights to
oil and gas interests) normally requires an expert to review the chain of title to the property. Many times the
mineral interests may have been severed from the property and may be owned by persons other than the
seller. Contract forms commonly used in Texas provide that the seller's interest, if any, in the mineral interests
convey to the buyer as part of the property. However, a seller may wish to retain all or a part of the mineral
interests. The Texas Association of REALTORS® publishes a form titled “Information about Mineral Clauses in
Contract Forms” (TAR 2509) which discusses this issue in more detail.
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General Information and Notices to a Buyer and Seller BONIFACIO, MARIO B

MULTIPLE LISTING SERVICE. The Multiple Listing Service (MLS) is a database and cooperative tool
between brokers. Agents who use the MLS must comply with the MLS's rules. The listing agent is required to
timely report the current status of a listing, including when the property is sold or leased or is no longer
available, as well as the sales price. Subscribers (other brokers, agents, appraisers, and other real estate
professionals) and appraisal districts have access to the information for market evaluation purposes. Much of
the information in the MLS, such as square footage, assessed value, taxes, school boundaries, and year built
is obtained from different sources such as the county appraisal district, an appraiser, or builder. The broker or
agent who provides information from the MLS does not verify the accuracy of the information. The buyer
should independently verify the information in the MLS and not rely on the information.
PERMITS. Permits may be required to construct, alter, repair, or improve the property. The buyer is
encouraged to contact the local government to verify that all required permits have been obtained, as this may
impact future plans for the property.
POSSESSION. Most contracts provide that the seller will deliver possession of the property to the buyer at the
time the sale closes and funds or according to a temporary residential lease or other written lease required by
the parties. There may be a short delay between closing and actual funding; especially if the buyer is obtaining
funds from a lender. The buyer may need to verify with the lender if the loan will fund on the day of closing.
The buyer should also take this potential delay into account when planning the move into the property. Any
possession by the buyer before the sale closes and funds (or by the seller after the sale closes and funds)
must be authorized by a written lease.
PROPERTY INSURANCE. Promptly after entering into a contract to buy a property and before any
option period expires, the buyer should contact an insurance agent to determine the availability and
affordability of insurance for the property. There are numerous variables that an insurance company will
evaluate when offering insurance at certain coverage levels and at certain prices. Most lenders require that the
property be insured in an amount not less than the loan amount. The failure to obtain property insurance
before closing may delay the transaction or cause it to end. The Texas Association of REALTORS® publishes
a document titled, “Information about Property Insurance for a Buyer or Seller” (TAR 2508), which discusses
property insurance in more detail.
RESIDENTIAL SERVICE CONTRACTS. A residential service contract is a product under which a residential
service company, for an annual fee, agrees to repair or replace certain equipment or items in a property (for
example, covered appliances, air conditioning and heating systems, and plumbing systems). Co-payments
typically apply to most service calls. If the buyer requests names of residential service companies from an
agent, the buyer should note that the agent is not making any representation or warranty about the service
company.
RESTRICTIONS ON PROPERTY NEAR AN INTERNATIONAL BORDER. Be aware that in certain counties
located near an international border, Texas law may prohibit the sale of property lacking required water and
sewer services. Even if a sale of such property is permitted, a buyer may face additional costs or restrictions
under Texas law due to a lack of basic infrastructure (water, sewer, roads, and drainage). The Texas
Association of REALTORS® publishes a form titled, “Information Regarding Property Near an International
Border” (TAR 2519), which provides more information. Brokers and agents cannot guarantee that a sale of the
property is permitted under Texas law or otherwise give legal advice. Consult an attorney.
SCHOOL BOUNDARIES. School boundaries may change and are, at times, difficult to determine. The school
boundaries that an agent may provide or that may be provided through a Multiple Listing Service are only
mapped estimates from other sources. The buyer is encouraged to verify with the school district which schools
residents in the property will attend.
SEPTIC TANKS AND ON-SITE SEWER FACILITIES. Many properties have septic tanks or other on-site
sewer facilities. There are several types of such systems. Special maintenance requirements may apply to
certain systems. Please refer to a document titled, “Information about On-Site Sewer Facility” (TAR 1407) for

(TAR-1506) 02-01-18 Page 3 of 5


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General Information and Notices to a Buyer and Seller BONIFACIO, MARIO B

more information. The buyer should also determine if the county requires any registration or other action to
begin using the septic system or on-site sewer facility.
SEX OFFENDERS AND CRIMINAL ACTIVITY. Neither a seller nor a seller's agent of a residential
property has a duty to disclose any information about registered sex offenders. If the buyer is concerned about
sex offenders who may reside in the area, access www.txdps.state.tx.us. Contact the local police department
to obtain information about any criminal activity in the area.
SQUARE FOOTAGE. If the purchase price is based on the size of the property's building and structures, the
buyer should have any information the buyer receives about the square footage independently verified. Square
footage information comes from other sources such as appraisal districts, appraisers, and builders. Such
information is only an estimate. The actual square footage may vary.
STATUTORY TAX DISTRICTS. The property may be located in a utility or other statutorily created district
providing water, sewer, drainage, or flood control facilities and services (for example a Municipal Utility District,
Water Improvement District, or a Public Improvement District). The buyer is likely to receive a prescribed
notice when buying property in such a district.
SURVEILLANCE. Be aware that when viewing a property, a seller might record or otherwise electronically
monitor a buyer without the buyer's knowledge or consent, and a buyer might photograph or otherwise record
the property without the seller's knowledge or consent. The parties should consult an attorney before
recording or photographing another person or property.
SURVEY. A survey identifies the location of boundaries, major improvements, fence lines, drives,
encroachments, easements, and other items on the property. The buyer should obtain a survey early enough
in the transaction to help the buyer identify any encroachments, encumbrances to title, or restrictions. The
contract will typically contain a provision which identifies who is responsible for providing a survey and the right
to object to encumbrances to title disclosed in the survey.
SYNTHETIC STUCCO. Synthetic stucco (sometimes known as EIFS) is an exterior siding product that was
placed on some properties in the recent past. If the product was not properly installed, it has been known to
cause damage to the structure (such as wood rot and moisture). If the property has synthetic stucco, the buyer
should ask an inspector to carefully inspect the siding and answer any questions.
TAX PRORATIONS. Typically, a buyer and seller agree to prorate a property's taxes through the closing date.
Property taxes are due and payable at the end of each calendar year. The escrow agent will estimate, at
closing, the taxes for the current year. If the seller is qualified for tax exemptions (for example, homestead,
agricultural, or over-65 exemption), such exemptions may or may not apply after closing. After closing the
taxes may increase because the exemptions may no longer apply. When buying new construction, the taxes
at closing may be prorated based on the land value only and will later increase when the appraisal district
includes the value of the new improvements. The actual taxes due, therefore, at the end of the year and in
subsequent years may be different from the estimates used at closing.
TERMINATION OPTION. Most contract forms contain an option clause which provides the buyer with an
unrestricted right to terminate the contract. Most buyers choose to buy the termination option. The buyer will
be required to pay for the termination option in advance. The option fee is negotiable. Most buyers will conduct
many of their reviews, inspections, and other due diligence during the option period. The buyer must strictly
comply with the time period under the option. The option period is not suspended or extended if the buyer and
the seller negotiate repairs or an amendment. If the buyer wants to extend the option period, the buyer must
negotiate an extension separately, obtain the extension in writing, and pay an additional fee for the extension.
The buyer should not rely on any oral extensions.
TIDE WATERS. If the property adjoins any of the state's tidal waters, the seller will provide the buyer with a
prescribed notice titled, “Addendum for Coastal Area Notice” (TAR 1915). Boundaries of properties along such
waters may change and building restrictions will apply. If the property is located seaward of the Gulf

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General Information and Notices to a Buyer and Seller BONIFACIO, MARIO B

Intracoastal Waterway, the seller will provide the buyer with a prescribed notice titled, “Addendum for Property
Located Seaward of the Gulf Intracoastal Waterway” (TAR 1916).
TITLE INSURANCE OR ABSTRACT OF TITLE. The buyer should obtain a title insurance policy or have an
abstract of title covering the property examined by an attorney. If the buyer obtains a title insurance policy, the
buyer should have the commitment of title insurance reviewed by an attorney not later than the time required
under the contract.
UTILITIES. The buyer should evaluate what utilities the buyer will require and check to be sure that the utilities
available in the area suit the buyer's needs. Some structures may or may not have utilities and electrical
facilities to support many modern appliances or equipment.
WATER LEVEL FLUCTUATIONS. State law requires the seller to notify a buyer of a property that adjoins a
lake, reservoir, or other impoundment of water with a storage capacity of at least 5,000 acre-feet at its normal
operating level that the water level may fluctuate. The buyer and seller can find a list of lakes and reservoirs
with at least 5,000 acre-feet storage capacity by accessing http://texasalmanac.com/topics/environment/lakes-
and-reservoirs.
WATER WELLS. If the property has a water well, the buyer should have, and the lender may require, the
equipment inspected and water tested. The buyer should also determine if the county requires any registration
or other action to begin using the water well.

WIRE FRAUD. Criminals are targeting real estate transactions by gaining access to electronic
communications or sending emails that appear to be from a real estate agent, a title company, lender, or
another trusted source. Refrain from transmitting personal information, such as bank account numbers or
other financial information, via unsecured email or other electronic communication. If the buyer receives any
electronic communication regarding wiring instructions, even if the communication appears to come from a
legitimate source, the buyer should verify its authenticity prior to the transfer of funds in person or via phone
call using a recognized phone number that is not found in the communication.
OTHER.

This form was provided by: By signing below I acknowledge that I received, read, and
understand this information and notice.

BILL ERBIL
Broker's Printed Name Buyer/Seller Date

By:
Broker's Associate's Signature Date Buyer/Seller Date
Lamar Wheeler

(TAR-1506) 02-01-18 Page 5 of 5

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TEXAS ASSOCIATION OF REALTORS®

RESIDENTIAL REAL ESTATE LISTING AGREEMENT


EXCLUSIVE RIGHT TO SELL
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED.
©Texas Association of REALTORS®, Inc. 2018

1. PARTIES: The parties to this agreement (this Listing) are:

Seller: BONIFACIO, MARIO B

Address: 2024 BROOKE LN


City, State, Zip: FULLERTON, CA, CA 92833-1245
Phone: Fax:
E-Mail: mariobonifacio@gmail.com

Broker: WORLD WIDE REALTY, LLC


Address: 2323 S Voss Rd Ste 315-C
City, State, Zip: Houston, TX 77057-3814
Phone: (254)383-3736 Fax:
E-Mail: soldbylamar@gmail.com

Seller appoints Broker as Seller's sole and exclusive real estate agent and grants to Broker the exclusive right to sell
the Property.

2. PROPERTY: “Property” means the land, improvements, and accessories described below, except for any described
exclusions.

A. Land: Lot 3 , Block 2 , SUNSHADOW COVE PHASE ONE


Addition, City of Killeen ,
in County, Texas known as 5705 GREENGATE DRIVE KILLEEN,
TX 76543 (address/zip code),
or as described on attached exhibit. (If Property is a condominium, attach Condominium Addendum.)

B. Improvements: The house, garage and all other fixtures and improvements attached to the above-described real
property, including without limitation, the following permanently installed and built-in items, if any: all equipment
and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail
boxes, television antennas, mounts and brackets for televisions and speakers, heating and air-conditioning units,
security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener system,
kitchen equipment, garage door openers, cleaning equipment, shrubbery, landscaping, outdoor cooking
equipment, and all other property owned by Seller and attached to the above-described real property.

C. Accessories: The following described related accessories, if any: window air conditioning units, stove, fireplace
screens, curtains and rods, blinds, window shades, draperies and rods, door keys, mailbox keys, above-ground
pool, swimming pool equipment and maintenance accessories, artificial fireplace logs, and controls for: (i) satellite
dish systems, (ii) garage doors, (iii) entry gates, and (iv) other improvements and accessories.

(TAR-1101) 02-01-18 Initialed for Identification by Broker/Associate and Seller , Page 1 of 10

WORLD WIDE REALTY, LLC, 2323 S. Voss Rd. STE 315-C Houston TX 77057 Phone: (254)383-3736 Fax: 5705 Greengate Dr
Lamar Wheeler Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com
5705 Greengate Dr
Residential Listing concerning Killeen, TX 76543-8840

D. Exclusions: The following improvements and accessories will be retained by Seller and must be removed prior to
delivery of possession: N/A
.

E. Owners' Association: The property is X is not subject to mandatory membership in a property owners'
association.

3. LISTING PRICE: Seller instructs Broker to market the Property at the following price: $ 235,000.00
(Listing Price). Seller agrees to sell the Property for the Listing Price or any other price acceptable to Seller. Seller will
pay all typical closing costs charged to sellers of residential real estate in Texas (seller's typical closing costs are those
set forth in the residential contract forms promulgated by the Texas Real Estate Commission).

4. TERM:

A. This Listing begins on December 3, 2018 and ends at 11:59 p.m. on June 3, 2019 .

B. If Seller enters into a binding written contract to sell the Property before the date this Listing begins and the
contract is binding on the date this Listing begins, this Listing will not commence and will be void.

5. BROKER'S COMPENSATION:

A. When earned and payable, Seller will pay Broker:

X (1) 5.000 % of the sales price.

X (2) 3% IF LISTING AGENT BRINGS THE BUYER .

B. Earned: Broker's compensation is earned when any one of the following occurs during this Listing:
(1) Seller sells, exchanges, options, agrees to sell, agrees to exchange, or agrees to option the Property to
anyone at any price on any terms;
(2) Broker individually or in cooperation with another broker procures a buyer ready, willing, and able to buy the
Property at the Listing Price or at any other price acceptable to Seller; or
(3) Seller breaches this Listing.

C. Payable: Once earned, Broker's compensation is payable either during this Listing or after it ends at the earlier of:
(1) the closing and funding of any sale or exchange of all or part of the Property;
(2) Seller's refusal to sell the Property after Broker's compensation has been earned;
(3) Seller's breach of this Listing; or
(4) at such time as otherwise set forth in this Listing.

Broker's compensation is not payable if a sale of the Property does not close or fund as a result of: (i) Seller's
failure, without fault of Seller, to deliver to a buyer a deed or a title policy as required by the contract to sell; (ii) loss
of ownership due to foreclosure or other legal proceeding; or (iii) Seller's failure to restore the Property, as a result
of a casualty loss, to its previous condition by the closing date set forth in a contract for the sale of the Property.

D. Other Compensation:

(1) Breach by Buyer Under a Contract: If Seller collects earnest money, the sales price, or damages by suit,
compromise, settlement, or otherwise from a buyer who breaches a contract for the sale of the Property
entered into during this Listing, Seller will pay Broker, after deducting attorney's fees and collection expenses,

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Residential Listing concerning Killeen, TX 76543-8840

an amount equal to the lesser of one-half of the amount collected after deductions or the amount of the
Broker's Compensation stated in Paragraph 5A. Any amount paid under this Paragraph 5D(1) is in addition to
any amount that Broker may be entitled to receive for subsequently selling the Property.

(2) Service Providers: If Broker refers Seller or a prospective buyer to a service provider (for example, mover,
cable company, telecommunications provider, utility, or contractor) Broker may receive a fee from the service
provider for the referral. Any referral fee Broker receives under this Paragraph 5D(2) is in addition to any other
compensation Broker may receive under this Listing.
(3) Other Fees and/or Reimbursable Expenses: N/A

.
E. Protection Period:

(1) “Protection period” means that time starting the day after this Listing ends and continuing for 30
days. “Sell” means any transfer of any fee simple interest in the Property whether by oral or written agreement
or option.
(2) Not later than 10 days after this Listing ends, Broker may send Seller written notice specifying the names of
persons whose attention was called to the Property during this Listing. If Seller agrees to sell the Property
during the protection period to a person named in the notice or to a relative of a person named in the notice,
Seller will pay Broker, upon the closing of the sale, the amount Broker would have been entitled to receive if
this Listing were still in effect.

(3) This Paragraph 5E survives termination of this Listing. This Paragraph 5E will not apply if:
(a) Seller agrees to sell the Property during the protection period;
(b) the Property is exclusively listed with another broker who is a member of the Texas Association of
REALTORS® at the time the sale is negotiated; and
(c) Seller is obligated to pay the other broker a fee for the sale.

F. County: All amounts payable to Broker are to be paid in cash in BELL


County, Texas.

G. Escrow Authorization: Seller authorizes, and Broker may so instruct, any escrow or closing agent authorized to
close a transaction for the purchase or acquisition of the Property to collect and disburse to Broker all amounts
payable to Broker under this Listing.
6. LISTING SERVICES:

A. Filing: Seller instructs Broker as follows: (Check 1 or 2 only.)

X (1) Broker will file this Listing with one or more Multiple Listing Services (MLS) according to the
following: (Check only one box.)

X (a) Broker will file this Listing with one or more Multiple Listing Services (MLS) by the earlier of the time
required by MLS rules or 5 days after the date this Listing begins. Seller authorizes Broker to submit
information about this Listing and the sale of the Property to the MLS.

(b) Seller instructs Broker not to file this Listing with one or more Multiple Listing Services (MLS)
until days after the date this Listing begins for the following purpose(s):

(Note: Do not check if prohibited by Multiple Listing Service(s).)

Notice: MLS rules require Broker to accurately and timely submit all information the MLS requires
including final closing of sales and sales prices. MLS rules may require that the information be submitted to
the MLS throughout the time the Listing is in effect. Subscribers to the MLS and appraisal districts may use
the information for market evaluation or appraisal purposes. Subscribers are other brokers, agents, and real
estate professionals such as appraisers. Any information filed with the MLS becomes the property of the MLS

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for all purposes. Submission of information to MLS ensures that persons who use and benefit from the
MLS also contribute information.

(2) Broker will not file this Listing with any Multiple Listing Services (MLS) or other listing services.

Notice: Seller acknowledges and understands that if this option is checked: (1) Seller's Property will not
be included in the MLS database available to real estate agents and brokers from other real estate offices
who subscribe to and participate in the MLS, and their buyer clients may not be aware that Seller's
Property is offered for sale; (2) Seller's Property will not be included in the MLS's download to various
real estate Internet sites that are used by the public to search for property listings; and (3) real estate
agents, brokers, and members of the public may be unaware of the terms and conditions under which
Seller is marketing the Property.

B. Listing Content: If Broker files this Listing under Paragraph 6A(1)(a) or (b), the parties agree to the following:

(1) Definitions:
(a) “Listing Content” means all photographs, images, graphics, video recordings, virtual tours, drawings,
written descriptions, remarks, narratives, pricing information, and other copyrightable elements relating to
the Property.
(b) “Seller Listing Content” means Listing Content provided by Seller to Broker or Broker's associates.
(c) “Broker Listing Content” means Listing Content that is otherwise obtained or produced by Broker or
Broker's associates in connection with this Listing.

(2) Seller grants Broker a non-exclusive, irrevocable, worldwide, royalty-free license to use, sublicense through
multiple tiers, publish, display, and reproduce the Seller Listing Content, to prepare derivative works of the
Seller Listing Content, and to distribute the Seller Listing Content, including any derivative works of the Seller
Listing Content. This Paragraph 6B(2) survives termination of this Listing.

(3) All Broker Listing Content is owned exclusively by Broker, and Seller has no right, title or interest in or to any
Broker Listing Content.

(4) Seller understands and agrees that both the Seller Listing Content and Broker Listing Content, including any
changes to such content, may be filed with the MLS, included in compilations of listings, and otherwise
distributed, publicly displayed and reproduced.

7. ACCESS TO THE PROPERTY:

A. Authorizing Access: Authorizing access to the Property means giving permission to another person to enter the
Property, disclosing to the other person any security codes necessary to enter the Property, and lending a key to
the other person to enter the Property, directly or through a keybox. To facilitate the showing and sale of the
Property, Seller instructs Broker to:
(1) access the Property at reasonable times;
(2) authorize other brokers, their associates, inspectors, appraisers, and contractors to access the Property at
reasonable times; and
(3) duplicate keys to facilitate convenient and efficient showings of the Property.

B. Scheduling Companies: Broker may engage the following companies to schedule appointments and to authorize
others to access the Property: N/A .

C. Keybox: A keybox is a locked container placed on the Property that holds a key to the Property. A keybox
makes it more convenient for brokers, their associates, inspectors, appraisers, and contractors to show,
inspect, or repair the Property. The keybox is opened by a special combination, key, or programmed
device so that authorized persons may enter the Property, even in Seller's absence. Using a keybox will
probably increase the number of showings, but involves risks (for example, unauthorized entry, theft,
property damage, or personal injury). Neither the Association of REALTORS® nor MLS requires the use
of a keybox.

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(1) Broker X is is not authorized to place a keybox on the Property.

(2) If a tenant occupies the Property at any time during this Listing, Seller will furnish Broker a written statement
(for example, TAR No. 1411), signed by all tenants, authorizing the use of a keybox or Broker may remove
the keybox from the Property.

D. Liability and Indemnification: When authorizing access to the Property, Broker, other brokers, their associates, any
keybox provider, or any scheduling company are not responsible for personal injury or property loss to Seller or
any other person. Seller assumes all risk of any loss, damage, or injury. Except for a loss caused by Broker,
Seller will indemnify and hold Broker harmless from any claim for personal injury, property damage, or
other loss.

8. COOPERATION WITH OTHER BROKERS: Broker will allow other brokers to show the Property to prospective
buyers. Broker will offer to pay the other broker a fee as described below if the other broker procures a buyer that
purchases the Property.

A. MLS Participants: If the other broker is a participant in the MLS in which this Listing is filed, Broker will offer to pay
the other broker:
(1) if the other broker represents the buyer: 3.000 % of the sales price or $ ; and
(2) if the other broker is a subagent: 2.000 % of the sales price or $ .

B. Non-MLS Brokers: If the other broker is not a participant in the MLS in which this Listing is filed, Broker will offer to
pay the other broker:
(1) if the other broker represents the buyer: % of the sales price or $ ; and
(2) if the other broker is a subagent: % of the sales price or $ .

9. INTERMEDIARY: (Check A or B only.)

A. Intermediary Status: Broker may show the Property to interested prospective buyers who Broker represents. If a
prospective buyer who Broker represents offers to buy the Property, Seller authorizes Broker to act as an
intermediary and Broker will notify Seller that Broker will service the parties in accordance with one of the
following alternatives.

(1) If a prospective buyer who Broker represents is serviced by an associate other than the associate servicing
Seller under this Listing, Broker may notify Seller that Broker will: (a) appoint the associate then servicing
Seller to communicate with, carry out instructions of, and provide opinions and advice during negotiations to
Seller; and (b) appoint the associate then servicing the prospective buyer to the prospective buyer for the
same purpose.

(2) If a prospective buyer who Broker represents is serviced by the same associate who is servicing Seller, Broker
may notify Seller that Broker will: (a) appoint another associate to communicate with, carry out instructions of,
and provide opinions and advice during negotiations to the prospective buyer; and (b) appoint the associate
servicing the Seller under this Listing to the Seller for the same purpose.

(3) Broker may notify Seller that Broker will make no appointments as described under this Paragraph 9A and, in
such an event, the associate servicing the parties will act solely as Broker's intermediary representative, who
may facilitate the transaction but will not render opinions or advice during negotiations to either party.

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X B. No Intermediary Status: Seller agrees that Broker will not show the Property to prospective buyers who Broker
represents.

Notice: If Broker acts as an intermediary under Paragraph 9A, Broker and Broker's associates:
♦ may not disclose to the prospective buyer that Seller will accept a price less than the asking price
unless otherwise instructed in a separate writing by Seller;
♦ may not disclose to Seller that the prospective buyer will pay a price greater than the price
submitted in a written offer to Seller unless otherwise instructed in a separate writing by the
prospective buyer;
♦ may not disclose any confidential information or any information Seller or the prospective buyer
specifically instructs Broker in writing not to disclose unless otherwise instructed in a separate
writing by the respective party or required to disclose the information by the Real Estate License
Act or a court order or if the information materially relates to the condition of the property;
♦ may not treat a party to the transaction dishonestly; and
♦ may not violate the Real Estate License Act.

10. CONFIDENTIAL INFORMATION: During this Listing or after it ends, Broker may not knowingly disclose information
obtained in confidence from Seller except as authorized by Seller or required by law. Broker may not disclose to Seller
any confidential information regarding any other person Broker represents or previously represented except as
required by law.

11. BROKER'S AUTHORITY:

A. Broker will use reasonable efforts and act diligently to market the Property for sale, procure a buyer, and
negotiate the sale of the Property.

B. Broker is authorized to display this Listing on the Internet without limitation unless one of the following is checked:

(1) Seller does not want this Listing to be displayed on the Internet.
(2) Seller does not want the address of the Property to be displayed on the Internet.

Notice: Seller understands and acknowledges that, if box 11B(1) is selected, consumers who conduct
searches for listings on the Internet will not see information about this Listing in response to their search.

C. Broker is authorized to market the Property with the following financing options:

X (1) Conventional X (5) Texas Veterans Land Program


X (2) VA (6) Owner Financing
X (3) FHA (7) Other
X (4) Cash

D. In addition to other authority granted by this Listing, Broker may:


(1) advertise the Property by means and methods as Broker determines, including but not limited to creating and
placing advertisements with interior and exterior photographic and audio-visual images of the Property and
related information in any media and the Internet;
(2) place a “For Sale” sign on the Property and remove all other signs offering the Property for sale or lease;
(3) furnish comparative marketing and sales information about other properties to prospective buyers;
(4) disseminate information about the Property to other brokers and to prospective buyers, including applicable
disclosures or notices that Seller is required to make under law or a contract;
(5) obtain information from any holder of a note secured by a lien on the Property;

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(6) accept and deposit earnest money in trust in accordance with a contract for the sale of the Property;
(7) disclose the sales price and terms of sale to other brokers, appraisers, or other real estate professionals;
(8) in response to inquiries from prospective buyers and other brokers, disclose whether the Seller is considering
more than one offer (Broker will not disclose the terms of any competing offer unless specifically instructed by
Seller);
(9) advertise, during or after this Listing ends, that Broker “sold” the Property; and
(10) place information about this Listing, the Property, and a transaction for the Property on an electronic
transaction platform (typically an Internet-based system where professionals related to the transaction such
as title companies, lenders, and others may receive, view, and input information).

E. Broker is not authorized to execute any document in the name of or on behalf of Seller concerning the Property.

12. SELLER'S REPRESENTATIONS: Except as provided by Paragraph 15, Seller represents that:
A. Seller has fee simple title to and peaceable possession of the Property and all its improvements and fixtures,
unless rented, and the legal capacity to convey the Property;
B. Seller is not bound by a listing agreement with another broker for the sale, exchange, or lease of the Property that
is or will be in effect during this Listing;
C. any pool or spa and any required enclosures, fences, gates, and latches comply with all applicable laws and
ordinances;
D. no person or entity has any right to purchase, lease, or acquire the Property by an option, right of refusal, or other
agreement;
E. Seller is current and not delinquent on all loans and all other financial obligations related to the Property, including
but not limited to mortgages, home equity loans, home improvement loans, homeowner association fees, and
taxes, except
;
F. Seller is not aware of any liens or other encumbrances against the Property, except
;
G. the Property is not subject to the jurisdiction of any court;
H. all information relating to the Property Seller provides to Broker is true and correct to the best of Seller's
knowledge; and
I. the name of any employer, relocation company, or other entity that provides benefits to Seller when selling the
Property is: ;
and
J. the Seller Listing Content, and the license granted to Broker for the Seller Listing Content, do not violate or
infringe upon the rights, including any copyright rights, of any person or entity.

13. SELLER'S ADDITIONAL PROMISES: Seller agrees to:


A. cooperate with Broker to facilitate the showing, marketing, and sale of the Property;
B. not rent or lease the Property during this Listing without Broker's prior written approval;
C. not negotiate with any prospective buyer who may contact Seller directly, but refer all prospective buyers to Broker;
D. not enter into a listing agreement with another broker for the sale, exchange, lease, or management of the
Property to become effective during this Listing without Broker's prior written approval;
E. maintain any pool and all required enclosures in compliance with all applicable laws and ordinances;
F. provide Broker with copies of any leases or rental agreements pertaining to the Property and advise Broker of
tenants moving in or out of the Property;
G. complete any disclosures or notices required by law or a contract to sell the Property; and
H. amend any applicable notices and disclosures if any material change occurs during this Listing.

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14. LIMITATION OF LIABILITY:

A. If the Property is or becomes vacant during this Listing, Seller must notify Seller's casualty insurance company and
request a “vacancy clause” to cover the Property. Broker is not responsible for the security of the Property nor for
inspecting the Property on any periodic basis.

B. Broker is not responsible or liable in any manner for personal injury to any person or for loss or damage
to any person's real or personal property resulting from any act or omission not caused by Broker's
negligence, including but not limited to injuries or damages caused by:
(1) other brokers, their associates, inspectors, appraisers, and contractors who are authorized to access
the Property;
(2) other brokers or their associates who may have information about the Property on their websites;
(3) acts of third parties (for example, vandalism or theft);
(4) freezing water pipes;
(5) a dangerous condition on the Property;
(6) the Property's non-compliance with any law or ordinance; or
(7) Seller, negligently or otherwise.

C. Seller agrees to protect, defend, indemnify, and hold Broker harmless from any damage, costs, attorney's
fees, and expenses that:
(1) are caused by Seller, negligently or otherwise;
(2) arise from Seller's failure to disclose any material or relevant information about the Property; or
(3) are caused by Seller giving incorrect information to any person.

15. SPECIAL PROVISIONS:


OWNER GIVES LISTING AGENT, LAMAR WHEELER PERMISSION TO SPEAK TO AND RECEIVE
INFORMATION FROM PROPERTY MANAGEMENT (JUST RENTALS) ABOUT THE SAID PROPERTY.

16. DEFAULT: If Seller breaches this Listing, Seller is in default and will be liable to Broker for the amount of the Broker's
compensation specified in Paragraph 5A and any other compensation Broker is entitled to receive under this Listing. If
a sales price is not determinable in the event of an exchange or breach of this Listing, the Listing Price will be the
sales price for purposes of computing compensation. If Broker breaches this Listing, Broker is in default and Seller
may exercise any remedy at law.

17. MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this Listing that
may arise between the parties. If the dispute cannot be resolved by negotiation, the dispute will be submitted to
mediation. The parties to the dispute will choose a mutually acceptable mediator and will share the cost of mediation
equally.

18. ATTORNEY'S FEES: If Seller or Broker is a prevailing party in any legal proceeding brought as a result of a dispute
under this Listing or any transaction related to or contemplated by this Listing, such party will be entitled to recover
from the non-prevailing party all costs of such proceeding and reasonable attorney's fees.

19. ADDENDA AND OTHER DOCUMENTS: Addenda that are part of this Listing and other documents that Seller may
need to provide are:
X A. Information About Brokerage Services;
B. Seller Disclosure Notice (§5.008, Texas Property Code);

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C. Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (required if
Property was built before 1978);
D. Residential Real Property Affidavit (T-47 Affidavit; related to existing survey);
E. MUD, Water District, or Statutory Tax District Disclosure Notice (Chapter 49, Texas Water Code);
F. Request for Information from an Owners' Association;
G. Request for Mortgage Information;
H. Information about Mineral Clauses in Contract Forms;
I. Information about On-Site Sewer Facility;
J. Information about Property Insurance for a Buyer or Seller;
K. Information about Special Flood Hazard Areas;
L. Condominium Addendum to Listing;
M. Keybox Authorization by Tenant;
N. Seller's Authorization to Release and Advertise Certain Information; and
O.
.

20. AGREEMENT OF PARTIES:

A. Entire Agreement: This Listing is the entire agreement of the parties and may not be changed except by written
agreement.

B. Assignability: Neither party may assign this Listing without the written consent of the other party.

C. Binding Effect: Seller's obligation to pay Broker an earned compensation is binding upon Seller and Seller's heirs,
administrators, executors, successors, and permitted assignees.

D. Joint and Several: All Sellers executing this Listing are jointly and severally liable for the performance of all its
terms.

E. Governing Law: Texas law governs the interpretation, validity, performance, and enforcement of this Listing.

F. Severability: If a court finds any clause in this Listing invalid or unenforceable, the remainder of this Listing will not
be affected and all other provisions of this Listing will remain valid and enforceable.

G. Notices: Notices between the parties must be in writing and are effective when sent to the receiving party's
address, fax, or e-mail address specified in Paragraph 1.

21. ADDITIONAL NOTICES:

A. Broker's compensation or the sharing of compensation between brokers is not fixed, controlled,
recommended, suggested, or maintained by the Association of REALTORS®, MLS, or any listing service.

B. In accordance with fair housing laws and the National Association of REALTORS® Code of Ethics,
Broker's services must be provided and the Property must be shown and made available to all persons
without regard to race, color, religion, national origin, sex, disability, familial status, sexual orientation, or
gender identity. Local ordinances may provide for additional protected classes (for example, creed,
status as a student, marital status, or age).

C. Broker advises Seller to contact any mortgage lender or other lien holder to obtain information regarding
payoff amounts for any existing mortgages or liens on the Property.

D. Broker advises Seller to review the information Broker submits to an MLS or other listing service.

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E. Broker advises Seller to remove or secure jewelry, prescription drugs, other valuables, firearms and any
other weapons.

F. Broker advises Seller to consult an attorney before using any type of surveillance device in the Property
to record or otherwise monitor prospective buyers without their knowledge or consent. Seller should be
aware that a prospective buyer might photograph or otherwise record the Property without Seller's
knowledge or consent.

G. Statutes or ordinances may regulate certain items on the Property (for example, swimming pools and
septic systems). Non-compliance with the statutes or ordinances may delay a transaction and may result
in fines, penalties, and liability to Seller.

H. If the Property was built before 1978, Federal law requires the Seller to: (1) provide the buyer with the
federally approved pamphlet on lead poisoning prevention; (2) disclose the presence of any known lead-
based paint or lead-based paint hazards in the Property; (3) deliver all records and reports to the buyer
related to such paint or hazards; and (4) provide the buyer a period up to 10 days to have the Property
inspected for such paint or hazards.

I. If Seller is a “foreign person” as defined by federal law, a buyer may be required to withhold certain
amounts from the sales proceeds and deliver the same to the Internal Revenue Service to comply with
applicable tax law. A “foreign person” is a: (1) nonresident alien individual; (2) foreign corporation that
has not made an election under section 897(i) of the Internal Revenue Code to be treated as a domestic
corporation; or (3) foreign partnership, trust, or estate. The definition does not include a resident alien
individual. Seller notifies Broker that Seller is X is not a “foreign person” as defined by federal law. If
Seller is unsure whether Seller qualifies as a “foreign person” under federal law, Broker advises Seller to
consult a tax professional or an attorney.

J. Broker advises Seller to refrain from transmitting personal information, such as bank account numbers or
other financial information, via unsecured email or other electronic communication to reduce risk of wire
fraud.

K. Broker cannot give legal advice. READ THIS LISTING CAREFULLY. If you do not understand the effect of
this Listing, consult an attorney BEFORE signing.

WORLD WIDE REALTY, LLC BONIFACIO, MARIO B


Broker's Printed Name 9005393 License No. Seller's Printed Name

Broker's Signature Date Seller's Signature Date


X Broker's Associate's Signature, as an authorized agent of
Broker

LAMAR WHEELER
Broker's Associate's Printed Name, if applicable Seller's Printed Name

Seller's Signature Date

(TAR-1101) 02-01-18 Page 10 of 10

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