Colorado
Real Estate Commission requires the following information
to be disclosed by licensed real estate brokers in the State
of Colorado. We, atForbes Sotheby's International Realty, respect the law and our
privilege to be a member of the National Association of
Realtors, Colorado Association of Realtors and the Vail
Board of Realtors as licensed professional real estate brokers
in the State of Colorado. Please read this important
information provided to you to understand the relationships
between Buyers and Sellers and our brokerage firm.
For purposes of these Definitions, Buyer
also means "tenant" and Seller also means "Landlord".
UNLESS
STATED OTHERWISE IN WRITING BY BOTH PARTIES,Forbes Sotheby's International Realty
POLICY IS THAT OF A TRANSACTION-BROKER AGENCY.
EITHER
OF THE BELOW AGENCY RELATIONSHIP ARE AVAILABLE WITHForbes Sotheby's International Realty UPON WRITTEN AGREEMENT.
SELLER'S AGENT: A seller's agent is engaged as a limited
agent and works solely on behalf of the Seller; Owes duties
to the seller which include the utmost good faith, loyalty
and fidelity. Will negotiate on behalf of and act as advocate
for the seller. Must disclose to potential buyers or tenants
all adverse material facts about the property actually known
by the broker.
Seller is legally responsible for the actions of the agent
when such agent is acting within the scope of the agency.
A separate written listing agreement is required which sets
forth the duties and obligations of the parties.
BUYER' S AGENT: A buyer's agent is engaged as a limited
agent and works solely on behalf of the buyer and owes duties
to the buyer which include the utmost good faith, loyalty
and fidelity. Will negotiate on behalf of and act as an
advocate for the buyer. Must disclose to potential
sellers all adverse material facts concerning the buyer's
financial ability to perform the terms of the transaction
and whether the buyer intends to occupy the property.
Buyer is legally responsible for the actions of the agent
when such agent is acting within the scope of the agency.
A separate written buyer agency agreement is required which
sets forth the duties and obligations of the parties.
TRANSACTION BROKER: A transaction broker assists the buyer
or seller or both throughout a real estate transaction with
communication, advice, negotiation, contracting and closing
without being an agent or advocate for any of the parties;
A transaction broker does owe the parties a number of statutory
obligations and responsibilities, including using reasonable
skill and care in the performance of any oral or written
agreement; No written agreement is required.
Out of State Seller's 2% Withholding Tax
Effective JANUARY 1, 1993, CORPORATIONS THAT DO NOT MAINTAIN
A PERMANENT PLACE OF BUSINESS IN COLORADO, AND NON-RESIDENT
INDIVIDUALS, ESTATES AND TRUSTS WILL BE SUBJECT TO A COLORADO
WITHHOLDING TAX FROM THE SALES OF COLORADO REAL ESTATE IN
EXCESS OF $100,000.00. THE WITHHOLDING TAX WILL BE THE SMALLER
OF TWO PERCENT OF THE SALES PRICE OR THE NET PROCEEDS FROM
THE SALES OF THE REAL ESTATE.
THE TAX WILL BE WITHHELD BY THE TITLE INSURANCE COMPANY
OR ITS AGENT AND SUBMITTED TO THE DEPARTMENT OF REVENUE,
WHERE IT WILL BE CREDITED TO THE SELLER'S INCOME TAX ACCOUNT
AS AN ESTIMATED TAX PAYMENT. THE SELLER CAN CLAIM CREDIT
FOR THE ESTIMATED PAYMENT AGAINST THE INCOME TAX LIABILITY
WHEN HE OR SHE FILES A COLORADO RETURN FOR THE YEAR OF THE
SALE.
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