This disclosure is provided to you, the consumer, by the real estate agent listed on this form. Make sure you read both sides of this form. The reverse side contains a more detailed description of the different types of relationships available to you. This is not a contract.
All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific property. The licensee can represent you as the seller (Seller's Agent) or represent you as the buyer (Buyer's Agent) and also can assist you as the facilitator.
Whether you are the buyer or the seller you can choose to have the advice, assistance and representation of your own agent who works for you. Do not assume that a real estate agent works solely for you unless you have an agreement for that relationship. With your consent, licensees from the same firm may represent a buyer and seller in the same transaction. These agents are referred to as dual agents.
Also a buyer and seller may be represented by agents in the same real estate firm as designated agents. The "designated seller or buyer agent" is your sole representative. However where both the seller and buyer provided written consent to have a designated agent represent them then the agent making such designation becomes a "dual agent" for the buyer and seller. All real estate agents must, by law, present properties honestly and accurately. They must also disclose known material defects in the real estate.
The duties of a real estate agent do not relieve the consumers of the responsibility to protect their own interests. If you need advice for legal, tax insurance, or land survey matters it is your responsibility to consult a professional in those areas. Real Estate agents do not have a duty to perform home, lead paint, or insect inspections nor do they perform septic system, wetlands or environmental evaluations.
FACILITATOR
You have requested our assistance in finding housing accommodations for rent. In consideration of these services, you will be expected to pay us a fee equal to half of one monthly installment of rent. The fee will be payable at such time as you submit through our office and application to rent a particular housing accommodation. However, so long as you comply with the terms and conditions of the rental application forms and do not make any untrue statement therein, the fee will be refundable unless the application is accepted for a tenancy. If the application is accepted for a tenancy and you then withdraw your application, you are aware you will forfeit the fee as liquidated damages.
By signing below I , the real estate licensee, acknowledge that this disclosure has been provided timely to the consumer named herein.
Name: JAMES BEADLE
License Number/Type: 9531169/BROKER
SELLER'S AGENT
A seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client. This means that the real estate agent represents the seller. The agent owes the seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the seller's interests first and negotiate for the best price and terms for their client, the seller. (The seller may authorize sub-agents to represent him/her in marketing its property to buyers, however the seller should be aware that wrongful action by the real estate agent or sub-agents may subject the seller to legal liability for those wrongful actions.
BUYER'S AGENT
A buyer can engage the services of a real estate agent to purchase property and the real estate agent is then the agent for the buyer who becomes the agent's client. This means that the real estate agent represents the buyer. The agent owes the buyer undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put the buyer's interests first and negotiate for the best price and terms for their client, the buyer. (The buyer may also authorize sub-agents to represent him/her in purchasing property, however the buyer should be aware that wrongful action by the real estate agent or sub-agents may subject the buyer to legal liability for those wrongful actions).
(NON-AGENT) FACILITATOR
When a real estate agent works as a facilitator that agent assists the seller and buyer in reaching an agreement but does not represent either the seller or buyer in the transaction. The facilitator and the broker with whom the facilitator is affiliated owe the seller and buyer a duty to present each property honestly and accurately by disclosing known material defects about the property and owe a duty to account for funds. Unless otherwise agreed, the facilitator has no duty to keep information received from a seller or buyer confidential. The role of facilitator applies only to the seller and buyer in the particular property transaction involving the seller and buyer. Should the seller and buyer expressly agree a facilitator relationship can be changed to become an exclusive agency relationship with either the seller or the buyer.
DESIGNATED SELLER'S AND BUYER'S AGENT
A real estate agent can be designated by another real estate agent (the appointing or designating agent) to represent either the buyer or seller, provided the buyer or seller expressly agrees to such designation. The real estate agent once so designated is then the agent for either the buyer or seller who becomes their client. The designated agent owes the buyer or seller undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accountability, provided, however, that the agent must disclose known material defects in the real estate. The agent must put their client's interests first and negotiate for the best price and terms for their client. In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer then the appointing agent becomes a dual agent. Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. The dual agent does not represent either the buyer or the seller solely only your designated agent represents your interests. The written consent for designated agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample designated agency consent is available at the Board's website at www.mass.gov/dpl/re.
DUAL AGENT
A real estate agent may act as a dual agent representing both the seller and buyer in a transaction but only with the express and informed consent of both the seller and buyer. Written consent to dual agency must be obtained by the real estate agent prior to the execution of an offer to purchase a specific property. A dual agent shall be neutral with regard to any conflicting interest of the seller and buyer. Consequently a dual agent cannot satisfy fully the duties of loyalty, full disclosure, obedience to lawful instructions which is required of an exclusive seller or buyer agent. A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds. The written consent for dual agency must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample dual agency consent is available at the Board's website at www.mass.gov/dpl/re.
You must schedule a showing with one of our leasing agents before applying. Please contact our office at 413-256-3442 or rentals@eaglecrestmanagement.com.
NOTE: A separate application is required for each person over 18 who will reside on the premises.
IF LESS THAN 6 MONTHS AT CURRENT EMPLOYMENT, PREVIOUS EMPLOYMENT:
PRESENT ADDRESS
DATES RESIDED
LANDLORD'S ADDRESS
PREVIOUS ADDRESS
DATES RENTED
ADDITIONAL VEHICLE
Minimum gross income of at least 3 times the annual rent of the unit is required as evidenced by regular and reliable income. A co-signer will be required if minimum income cannot be established. Enrollment in electronic payment program shall also be required if the property is managed by Eagle Crest.
BY SIGNING THIS FORM THE APPLICANT UNDERSTAND THAT A CREDIT AND BACKGROUND CHECK WILL BE UNDERTAKEN, AS WELL AS A RENTAL REFERENCE CHECK, TO DETERMINE RENTAL HISTORY AND ABILITY TO PAY THE RENTAL AMOUNT. THE APPLICANT HEREBY AUTHORIZES THE REFERENCES LISTED ABOVE TO RELEASE THE APPROPRIATE INFORMATION REGARDING PREVIOUS RENTAL HISTORY, AND A FORMAL CREDIT AND BACKGROUND CHECK TO THE LANDLORD FOR THIS PURPOSE. ALL INFORMATION THUS GATHERED BY THE LANDLORD WILL REMAIN CONFIDENTIAL. I DECLARE THE FOREGOING INFORMATION TO BE TRUE UNDER PENALTY OF PERJURY.