31 Bancroft Road, Wellesley Sold for $1,300,000 | Represented Buyers
432 West on Road, Wellesley Sold for $1,285,000 | Represented Buyers
8 Vist a Road, Wellesley Sold for $1,300,000 | Represented Buyers
40 Rolling Lane, Dover Sold for $1,250,000 | Represented Buyers
8 Selden St reet , Newt on Sold for $1,200,000 | Represented Buyers
17 Upwey Road, Wellesley Sold for $1,200,000 | Represented Sellers
65 Sext on Avenue, West wood Sold for $1,000,000 | Represented Sellers
2 Ivy Lane, Ashland Sold for $870,000 | Represented Buyers
80 Tisdale Drive, Dover Sold for $840,000 | Represented Sellers
65 Sext on Avenue, West wood Sold for $755,000 | Represented Buyers
38 Grove St reet , Norfolk Sold for $751,000 | Represented Buyers
82 Lasalle Avenue, Framingham Sold for $1,300,000 | Represented Sellers
Owner of Record
TO (Seller and Spouse)
OFFER TO PURCHASE REAL ESTATE
Date:
From the Office of :
Molly Campbell Palmer
The property herein referred to is identified as follows:
Gibson Sotheby's International Realty 54 Central Street, Wellesley all buildings named and numbered XXXX, and all land approximately XXXX square feet.
Special provisions (if any) re fixtures, appliances, etc.
hereby offer to buy said property, which has been offered to me by as the Broker(s) under the following terms and conditions: CHECK ONE:
1. I will pay therefore $ , of which Check, subject to collection (a) $ is paid herewith as a deposit to bind this Offer Cash (b) $ is to be paid as an additional deposit upon the execution of the Purchase and Sale Agreement provided for below. (c) $ is to be paid at the time of delivery of the Deed in cash, or by certified, cashier’s, treasurer’s or bank check(s). (d) $
(e) $ Total Purchase Price
2. By accepting this Offer, you agree to pay my broker, _______________________, who is representing me and acting as my agent, a fee equal to ____________________________, which fee is included in the purchase price and shall be paid from the proceeds of the sale at the time of closing.
3. This Offer is good until A.M. P.M. on , 20 at or before which time a copy hereof shall be signed by you, the Seller and your (husband) (wife), signifying acceptance of this Offer, and returned to me forthwith, otherwise this Offer shall be considered as rejected and the money deposited herewith shall be returned to me forthwith.
4. The parties hereto shall, on or before A.M. P.M , 20 execute the applicable Standard Form Purchase and Sale Agreement recommended by the Greater Boston Real Estate Board or any form substantially similar thereto, which, when executed, shall be the agreement between the parties hereto.
5. A good and sufficient Deed, conveying a good and clear record and marketable title shall be delivered at 12:00 Noon on , 20 at the appropriate Registry of Deeds, unless some other time and place are mutually agreed upon in writing.
6. If I do not fulfill my obligations under this Offer, the above mentioned deposit shall forthwith become your property without recourse to either party. Said deposit shall be held by as escrow agent subject to the terms hereof provided however that in the event of any disagreement between the parties, the escrow agent may retain said deposit pending instructions mutually given in writing by the parties. A similar provision shall be included in the Purchase and Sale Agreement with respect to any deposit held under its terms.
7. Time is of the essence hereof.
8. Disclosures: For one to four family residences, the Buyer hereby acknowledges receipt of the Home Inspectors: Facts for Consumers brochure produced by the Office of Consumer Affairs. For residential property constructed prior to 1978, Buyer must also sign Lead Paint “Property Transfer Notification.”
9. The initialed riders, if any, attached hereto are incorporated herein by reference. Additional terms and conditions, if any:
NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. WITNESS MY HAND AND SEAL
Buyer Buyer
Address/City/State/Zip
Phone Numbers (Work & Home)
Receipt of deposit check for transmittal by: (Agent/Facilitator) Check shall not be deposited unless offer is accepted. This Offer is hereby accepted upon the foregoing terms and conditions at A.M. / P.M. on , 20 WITNESS my (our) hand(s) and seal(s)
Seller (or spouse)
Date
Seller
RECEIPT FOR DEPOSIT
Received from Buyer the sum of $ as deposit under the terms and conditions of above Offer, to be held by as escrow agent.
Under regulations adopted pursuant to the Massachusetts license law: All offers submitted to brokers or salespeople to purchase real property that they have a right to sell shall be conveyed forthwith to the owner of such real property.
Agent for Seller
OFFER TO PURCHASE CONTINGENCY ADDENDUM
The BUYER, if checked, hereby incorporates the following contingencies into this Offer to Purchase Real Estate.
☐ MORTGAGE CONTINGENCY
In order to help finance the acquisition of the property, the BUYER shall apply for a conventional bank or other institutional mortgage loan of $ at prevailing rates, terms and conditions If despite the BUYER's diligent efforts a commitment for such loan cannot be obtained on or before , then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER prior to the expiration of such time, whereupon all deposits made by the BUYER shall be forthwith refunded, and this agreement shall become null and void and without further recourse to either party In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions on or before
☐ INSPECTION CONTINGENCY
The BUYER may, at the BUYER's own expense on or before , 20 , have the property inspected by a duly-licensed person engaged in the business of conducting home inspections If it is the opinion of such inspector that the property contains structural, mechanical or other defects, and if the repair of such defects is reasonably estimated to cost more than $ in the aggregate, then the BUYER shall have the option of revoking this Offer by written notice to the SELLER and/or Broker representing the SELLER on or before , 20 . Such notice shall be accompanied by copies of the inspector's report and any such cost estimates In the event the BUYER revokes this Offer pursuant to the preceding provisions, then % of any deposits made by the BUYER shall be forthwith refunded, and this Offer shall be null and void and without further recourse to either party
☐ RADON CONTINGENCY
The BUYER may, at the BUYER's own expense and on or before , have the property inspected for the presence of radon gas In the event a customary test for the presence of radon gas indicates the presence of radon gas in excess of levels deemed acceptable by the federal Environmental Protection Agency, then the BUYER shall have the option of revoking the agreement by written notice to the SELLER and/or Broker representing the SELLER on or before Such notice shall be accompanied by a copy of the test results.
☐ PEST INSPECTION CONTINGENCY
The BUYER may, at the BUYER's own expense on or before , have the property inspected by a person engaged in the business of pest inspection and control If it is the opinion of such inspector that the property is infested by termites or other wood boring pests, then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER on or before . Such notice shall be accompanied by a copy of the inspector's opinion and any related inspection report
☐ LEAD PAINT CONTINGENCY
The BUYER may, at the BUYER's own expense and within ten (10) days after the acceptance of this agreement, have the property professionally inspected for the presence of paint, plaster or other accessible materials containing dangerous levels of lead (as such terms are defined by applicable Massachusetts laws and regulations) A copy of the inspector's report shall be furnished to the SELLER upon receipt by the BUYER If it is the opinion of such inspector that any such materials are present on the property, then the BUYER shall have the option of revoking this agreement by written notice to the SELLER and/or the Broker representing the SELLER prior to the expiration of such time In the event the BUYER revokes the agreement consistent with the terms of the above selected Contingencies, then any deposits made by the BUYER shall be forthwith refunded, and this agreement shall be null and void and without further recourse to either party
1. PROPERTIES Buyer is retaining Gibson SIR to be the exclusive Broker representing the Buyer in the purchase of real property. The Buyer retains the sole and absolute right to determine if a property is acceptable.
2. TERM This Agreement shall be in effect from the date of signing through ________________________________________or to completion of the Acquisition of the property, if under agreement, whichever is later (the “Term”). The Buyer’s obligation to pay the compensation will continue for a 90-day period after the expiration of the Term of this Agreement for properties introduced and shown by the Buyer’s Agent during the Term.
6 months from date of signing
3. GIBSON SIR AGREES TO:
● Prepare a wants/needs list for the Buyer.
● Use reasonable efforts to locate properties acceptable to the Buyer through the Multiple Listing Service (MLS) and off MLS.
● Work in the Buyer’s best interest and preserve the Buyer’s confidential information.
● Maintain regular communication with the Buyer throughout the term of the Agreement.
● Attend scheduled showings of properties.
● Provide professional advice and guidance to the Buyer.
● Refer the Buyer to professionals such as lenders, attorneys, home inspectors, etc.
● Assist the Buyer in determining the market value of properties of interest.
● Provide a Comparative Market Analysis for properties the Buyer is considering writing offers for, upon the Buyer’s request.
● Assist the Buyer in negotiating terms and conditions of the offer and home inspection issues, if applicable.
4. BUYER AGREES TO:
● Work exclusively with Gibson SIR during the Term and to conduct all real estate purchase negotiations through Gibson SIR and the Buyer’s Agent.
● Cooperate with Gibson SIR by providing necessary personal information to evaluate Buyer’s needs and qualifications.
● Notify any other broker that the Buyer is working with Gibson SIR under the terms of this Agreement.
● Within 7 days of the entering into this Agreement and/ or prior to the Offer to Purchase, the Buyer will provide the Buyer’s Agent a pre-approval from a lender if the Buyer is seeking financing or proof of funds
The Buyer herein acknowledges to being advised that broker commissions are not set by law and are fully negotiable
Prior to showing a property as a buyer representative, a real estate agent who is a REALTOR® must enter into a written agreement with the buyer defining how the real estate broker will be paid.
● The Buyer agrees to pay Gibson SIR compensation for representation in the amount of %of the gross purchase price of any property purchased during the Term of this Agreement.
● The Buyer’s obligation to pay the compensation will be at the time the Buyer purchases the property and takes title.
● No fee will be due under this Agreement if the Buyer does not purchase a property
● Gibson SIR may not accept Compensation or a fee in excess of the fee agreed in this Agreement.
● A seller or listing agent may offer to pay some, or all of the compensation due to a broker representing a buyer but is under no legal duty to do so.
● The Buyer may, at the Buyer’s option, either (1) seek to have the Compensation paid in whole or in part by the seller in the terms of the offer to purchase and/or (2) pay the Compensation in o e or in part directly to Gibson SIR at closing.
. CONSENT TO DESIGNATED AGENCY
A designated agent is a real estate licensee who has been appointed by a broker or salesperson to represent a buyer as a “designated buyer’s agent” or to represent a seller as a “designated seller’s agent.” When a buyer or seller consents to designated agency only that designated agent represents the buyer or seller. Any other agents affiliated with BROKER may represent another party to the transaction and by consenting to designated agency the buyer or seller permits those agents to represent another party. Individuals who are designated agents owe fiduciary duties to their respective clients. You are further advised that: (a) the designated buyer’s agent will represent the BUYER and will owe the BUYER the duties of loyalty, full disclosure, confidentiality, to account for funds, reasonable care and obedience to lawful instruction; (b) all other licensees affiliated with the appointing BROKER will not represent the BUYER nor will they owe the other duties specified in paragraph (a) to that BUYER, and may potentially represent the seller; and (c) if designated agents affiliated with the same broker represent the seller and buyer in a transaction, the appointing broker shall be a dual agent and neutral as to any conflicting interests of the seller and buyer, but will continue to owe the seller and buyer the duties of confidentiality of material information and to account for funds. By signing this agr . is authorized to represent me as a Designated Agent. I hereby consent to designated agency If designated agency occurs in a transaction, a notice of designated agency will be given.
7. DISCLAIMER
Gibson SIR is being retained solely as a real estate broker and not as an attorney, lender, appraiser, surveyor, structural engineer, home inspector or other professional service provider. At the Buyer’s request, the Buyer’s Agent may refer the Buyer to such professionals. It is advised for the Buyer to contact Building Departments to inquire about potential open building permits and you are encouraged to speak with people in the Town or City Hall about other questions you may have about
This Agreement constitutes a binding Massachusetts Contract. Buyer acknowledges GIBSON SIR’s advice to seek legal counsel relating to any provision of this Agreement if not understood and acknowledges receipt of (a) a copy of this Agreement, (b) a copy of the Massachusetts Mandatory Licensee-Consumer Relationship Disclosure Form, and (c) a brochure entitled “Home Inspector Facts For Consumers.”
Wiring $$ to Gibson Sotheby’s International Realty:
This notification is to make individuals working with Gibson Sotheby’s International Realty (herein “Gibson Sotheby’s”) aware of Gibson Sotheby’s policies with respect to funds being wired to Gibson Sotheby’s. This policy is to protect individual buyers and sellers from third-party fraud involving wires. Gibson Sotheby’s will never request that any funds be wired to Gibson Sotheby’s by regular email, text or any other electronic method of communication. Any request for wired funds will only be by verbal communication from the agent or agent team member directly working with that client and will be followed up by written wiring instructions from our secure, encrypted email from – “GSIR Accounting” (NotificationSecureMessage@appriver.com). Upon receiving the email you will need to create a user name and password in order to open up the email. The email will contain our wiring instructions. All wires to Gibson Sotheby’s are only to go to an account under the name of Betty Gibson Associates, Inc. d/b/a Gibson Sotheby’s International Realty – no exceptions!!
Wiring $$ to List agency
(other than Gibson Sotheby’s International Realty):
This notification is to make individuals aware of Gibson Sotheby’s policies with respect to funds being wired to agencies other than Gibson Sotheby’s International Realty. This policy is to protect our clients from third-party fraud involving wires. Gibson Sotheby’s will never initially request that any funds be wired to any other company, or other entity by regular email, text or any other electronic method of communication. Any request for wiring funds to another agency will only be by verbal communication from the agent or agent team member directly working with that client. At that point, the client can confirm the wire instructions of the other agency and their policies designed to protect against fraudulent transactions. A wire should only be sent after confirming the accuracy of the wire instructions.
By executing this form, the undersigned hereby state that they acknowledge this policy and assume all risk of initiating wires that do not comply with the terms of this wiring policy as stated herein.
Signed:
Signed:
Printed name of person receiving notice:
Printed name of person receiving notice:
Date:
Date:
Commonwealth of Massachusetts
BOARD OF REGISTRATION OF REAL ESTATE BROKERS AND SALESPERSONS
http://www.mass.gov/ocabr/licensee/dpl-boards/re/ MASSACHUSETTS MANDATORY LICENSEE-CONSUMER RELATIONSHIP DISCLOSURE THIS IS NOT A CONTRACT
This disclosure is provided to you, the consumer, by the real estate licensee listed in this disclosure.
THE TIME WHEN THE LICENSEE MUST PROVIDE THIS NOTICE TO THE CONSUMER:
All real estate licensees must present this form to you at the first personal meeting with you to discuss a specific residential property. If there is no personal meeting between you and the licensee, this form must be presented electronically or through some other means before the licensee enters into a contract with a consumer . Residential property is defined as land with a building intended for use as a one to four-unit residential dwelling or the purchase or sale of land on which a building is intended to be con structed for use as a oneor two-unit residential dwelling. In the event this relationship changes an additional disclosure must be provided and completed at that time.
CONSUMER INFORMATION AND RESPONSIBILITY:
If you are a buyer or seller, you can engage a licensee to provide advice, assistance and representation to you as your agent . The licensee can represent you as the seller (Seller's Agent) or represent you as the buyer (Buyer's Agent) or can assist you as a Facilitator.
All real estate licensees, regardless of the working relationship with a consumer must, by law, present properties honestly a nd accurately, and disclose known material defects in the real estate.
The duties of a real estate licensee do not relieve 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 licensees do not and cannot perform home, lead paint, or insect inspections, nor do they perform septic system, wetlands or environmental evaluations.
Do not assume that a real estate licensee works solely for you unless you have an agreement for that relationship.
For more detailed definitions and descriptions about real estate relationships, please see page 2 of this disclosure .
THE SELLER OR BUYER RECEIVING THIS DISCLOSURE IS HEREBY ADVISED THAT THE REAL ESTATE LICENSEE NAMED BELOW IS WORKING AS A:
If seller’s or buyer’s agent is check ed above, the licensee must complete the following section:
Check one: Non- Designated Agency
The real estate firm or business listed below and all other affiliated agents are also working as the agent of the Seller Buyer
Designated Agency
Only the licensee named herein represents the Seller Buyer (designated seller agency or designated buyer agency). In this situation any other agents affiliated with the firm or business listed below do not represent you and may represent another party in your real estate transaction.
By signing below, I, the real estate licensee, acknowledge that this disclosure has been provided to the consumer named herein:
Molly Palmer 9565239
of Licensee Printed name of Licensee License #
Gibson Sotheby's Int'l Realty 1611
Signature of consumer Printed name of consumer
Signature of consumer Printed name of consumer
Check here if the consumer declines to sign this notice.
SELLER'S AGENT
A seller can engage the services of a real estate licensee to act as the seller’s agent in the sale of the seller’s property. This means that the real estate agent represents the seller, who is a client. The agent owes the seller client undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put the seller's interests first and attempt to negotiate price and terms acceptable to their seller client. 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 licensee to act as the buyer’s agent in the purchase of a property. This means that the real estate agent represents the buyer, who is a client. The agent owes the buyer client undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put the buyer's interests first and attempt to negotiate price and terms acceptable to their buyer client. 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 licensee works as a facilitator that licensee assists the seller and/or 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 all real property honestly and accurately by disclosing known material defects 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. Should the seller and/or buyer expressly agree, a facilitator relationship can be changed to a seller or buyer client relationship with the written agreement of the person so represented
DESIGNATED SELLER'S AND BUYER'S AGENT
A real estate licensee can be designated by another real estate licensee (the appointing or designating agent) to represent a buyer or seller, provided the buyer or seller expressly agrees to such designation. The real estate licensee once so designated is then the agent for that buyer or seller who becomes the agent’s client. The designated agent owes the buyer client or seller client, undivided loyalty, reasonable care, disclosure, obedience to lawful instruction, confidentiality and accounting. The agent must put their client's interests first, and attempt to negotiate price and terms acceptable to their client. No other licensees affiliated with the same firm represent the client unless otherwise agreed upon by the client. In situations where the appointing agent designates another agent to represent the seller and an agent to represent the buyer in the same transaction, then the appointing agent becomes a dual agent. Consequently, a dual agent cannot fully satisfy the duties of loyalty, full disclosure, obedience to lawful instructions, which is required of a seller or buyer agent. Only your designated agent represents your interests. Written consent for designated agency must be provided before a potential transaction is identified, but in any event, no later than prior to the execution of a written agreement for purc hase or sale of residential property. The consent must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample consent to designated agency is available at the Board's website at www.mass.gov/dpl/re
DUAL AGENT
A real estate licensee may act as a dual agent representing both the seller and the buyer in a transaction but only with the express and informed written consent of both the seller and the buyer. 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 a seller or buyer agent. A dual agent does, however, still owe a duty of confidentiality of material information and accounting for funds. Written consent for dual agency must be provided before a potential transaction is identified, but in any event, no later than prior to the execution of a written agreement for purchase or sale of residential property. The consent must contain the information provided for in the regulations of the Massachusetts Board of Registration of Real Estate Brokers and Salespeople (Board). A sample consent to dual agency is available at the Board's website at www.mass.gov/dpl/re.
