Patent Line Forest - Fountains Land
PATENT LINE MOUNTAIN FOREST Long views of the southern Adirondacks and Glens Falls Region unfold from this mountaintop property situated within 15 miles of Lake George Village.
319 GIS Acres Lake George, Warrensburg and Lake Luzerne Warren County, New York
New Price: $149,000
Fountains Land Inc., 1810 State Route 9 , Suite 2, Lake George, NY 12845 Contact: Todd Waldron ~ [email protected] ~ (518) 668-5880 ~ Cell (518) 926-8734 www.fountainsland.com
LOCATION Patent Line Mountain Forest is a classic mountaintop recreational property, highlighted by long views of the southern Adirondacks, direct access to state lands, and close proximity to the surrounding Lake George Region. The property shares a boundary with the western portion of state lands associated with the Prospect Mountain Highway Area. Completed in 1969, this popular tourist highway climbs for nearly 6 miles from Lake George Village to the summit of Prospect Mountain. Here, it is reported, 100 mile views unfold. The property is close to the Adirondack Northway (I87), allowing for easy weekend travel from the Northeast’s major population centers. Warrensburg Village is a popular Adirondack gateway community that is well-known for its historic Main Street District, grand Victorian homes and numerous antique shops. Lake George is one of America’s premier lake resorts and has been a perennial summer vacation destination for generations. North Creek Village and Gore Mountain are located 30 minutes to the north along State Route 28, offering affordable downhill skiing opportunities for winter recreation enthusiasts. Albany’s Capital District and emerging Tech Valley are within a one-hour commute to the south, while New York City and Boston lie 4 hours to the south and east, respectively.
Looking northwest toward Warrensburg and Thurman, with North Creek’s Gore Mountain in the background (over 20 miles away).
ACCESS/BOUNDARIES Access is gained by a 1.5 mile-long, seasonal forest road which originates at Viele Pond Road and extends to the property’s northwest corner. This road is a legally deeded right-of-way that crosses a neighboring property prior to entering the land. Terrain along the first half of the right-ofway is moderate as it follows the Podunk Brook Valley to the east toward Black Spruce Mountain. The second half of the road is notably steeper as it climbs in elevation before culminating at a cleared landing (an ideal off-grid, seasonal cabin site). The road is currently passable during non-winter months by 4-wheel drive vehicles. From the clearing area at the northwest corner, a series of trails lead uphill and into the heart of the land to the south. These trails are suitable for hiking, hunting, ATVs, snowmobiles and horseback riding. Boundary lines on the property are variable and consist of a mix of red and yellow boundary paint, pink flagging, and old fence lines and stone piles. Maps in this report are based on deed information. Tax map acreage is reported to be 315 acres. Buyers should not rely on the maps within this report to accurately portray deeded boundary lines in the field.
This seasonal access road serves as a right-of-way to the property from the townmaintained Viele Pond Road.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
SITE DESCRIPTION Patent Line Mountain Forest’s most distinguishing site feature is its tremendous view shed of the nearby Lake George and Glens Falls region. The views unfold to 270 degree from the height of ground within the heart of the property. The forest lies along three unnamed, distinct ‘peaks’ that emerge from a broad ridge extending southwesterly from Black Spruce Mountain’s summit on nearby state lands. From the clearing area at the terminus of the right-of-way, huge views to the west unfold of prominent local ranges such as Hemlock Ridge, Thomas Mountain and Hickory Ridge. This vicinity is highlysuited to an off-grid cabin site that capitalizes on warm afternoon sunlight. Upon reaching the height of ground in the heart of the property, a second view shed to the south and east unfolds, capturing Looking toward the summit of Black Spruce Mountain on the the entire Glens Falls Region. From the neighboring state lands. numerous open areas of the summit, there are views of Kenyon Mountain, Howe Mountain, and the French Mountain Range overlooking Lake George’s eastern shoreline. This would be a classic area to site a lean-to spike camp for weekend picnics and primitive camping. For deer hunters, the ‘saddle area’ in the central part of the property acts as a key hub that funnels deer movement from nearby mountains during the fall rutting season. This area would be a strategic location to place a tree stand for mid-day sits during the November gun season. Elevations range from 1,700’ ASL (above sea level) near the southeastern boundary line to 2,130’ along the height of ground on the eastern boundary.
Long views of the southern Adirondacks unfold from the property.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
NATURAL RESOURCES Patent Line Mountain Forest offers a young, early successional timber resource that is well–suited to outdoor recreational buyers who are seeking good wildlife habitat, privacy and a high-elevation retreat with views. The property’s recently-harvested forests are a diverse mosaic of northern hardwoods and conifers; maples, beech and birch grow along the well -drained hillsides, while hemlock and spruce grow along the shallower ridgetop sites. Patent Line Mountain Forest was harvested two years ago, with the resulting canopy now being near C level stocking. The recent harvesting activity has allowed enough sunlight on the forest floor to precipitate the development of the next forest age class, along with key wildlife forage like blackberries and browse. These habitat conditions are ideal for the resident white-tailed deer. Aside from firewood cutting for personal consumption, the forest resource will remain in a growth phase over the coming decades as the next forest age class grows and becomes established. No timber inventory is available at this time.
PROPERTY TAXES Annual property taxes in 2015 were roughly $1,442. The property is NOT enrolled in New York State’s Real Property Tax Law 480-A, which could significantly reduce the annual tax burden by as much as 80%. For more information about 480-A, contact Fountains Real Estate or the Department of Environmental Conservation office located in Ray Brook, New York (518) 897-1283.
The property’s forest was recently harvested and the residual resource is a diverse mix of northern hardwoods, hemlock and spruce.
The property is listed in the Warren County Real Property Tax Service in Lake George, New York as Town of Warrensburg parcel 263-1-1, Town of Lake George parcel 263-3-6 and Town of Lake Luzerne parcel 263-2-1. Deed and right-of-way information can be found in the Warren County Clerk’s office and filed in Deed Book 3908 page 252. Adirondack Park Agency zoning is Resource Management, which allows for an average of one principal structure per 42 acres.
A recently thinned stand which will provide browse and cover for deer as saplings become established on the forest floor. Fountains Land Inc. is the exclusive broker representing the seller's interest in the marketing, negotiating and sale of this property. Fountains has an ethical and legal obligation to show honesty and fairness to the buyer. The buyer may retain brokers to represent their interests. All measurements are given as a guide, and no liability can be accepted for any errors arising therefrom. No responsibility is taken for any other error, omission, or misstatement in these particulars, nor do they constitute an offer or a contract. We do not make or give, whether in these particulars, during negotiations or otherwise, any representation or warranty in relation to the property.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
fountains
Locus Map
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fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands 2,000
1,000
0 Feet
This is Not A Survey
Copyright:© 2013
Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands
Source: Esri, DigitalGlobe,
Photos are courtesy of ESRI Imagery 2,000
1,000
0
Feet
This is Not A Survey
Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands Photos are courtesy of NAIP 2011 2,000
1,000
0 Feet
This is Not A Survey Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
New York State DEPARTMENT OF STATE Division of Licensing Services P.O. Box 22001 Albany, NY 12201-2001
Customer Service: (518) 474-4429 Fax: (518) 473-6648 Web site: www.dos.state.ny.us
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT New York State law requires real estate licensees who are acting as agents of buyers and sellers of property to advise the potential buyers and sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
Disclosure Regarding Real Estate Agency Relationships Seller’s Agent A seller’s agent is an agent who is engaged by a seller to represent the seller’s interest. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
Buyer’s Agent A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interest. The buyer’s agent does this DOS 1736 (Rev. 3/08)
by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.
Broker’s Agents A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
Dual Agent A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between
the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.
Dual Agent with Designated Sales Agents If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real
estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation.
This form was provided to me by Todd Waldron
(print name of licensee) of
Fountains Land
(print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the: ( X ) Seller as a (check relationship below)
(
) Buyer as a (check relationship below)
( X ) Seller’s agent
(
) Buyer’s agent
(
(
) Broker’s agent
) Broker’s agent (
) Dual agent
(
) Dual agent with designated sales agent
If dual agent with designated sales agents is checked: and
is appointed to represent the buyer;
is appointed to represent the seller in this transaction.
I/We
acknowledge receipt of a copy of this disclosure form:
signature of { } Buyer(s) and/or { } Seller(s):
Date:
DOS 1736 (Rev. 3/08)
Date:
319 GIS Acres Lake George, Warrensburg and Lake Luzerne Warren County, New York
New Price: $149,000
Fountains Land Inc., 1810 State Route 9 , Suite 2, Lake George, NY 12845 Contact: Todd Waldron ~ [email protected] ~ (518) 668-5880 ~ Cell (518) 926-8734 www.fountainsland.com
LOCATION Patent Line Mountain Forest is a classic mountaintop recreational property, highlighted by long views of the southern Adirondacks, direct access to state lands, and close proximity to the surrounding Lake George Region. The property shares a boundary with the western portion of state lands associated with the Prospect Mountain Highway Area. Completed in 1969, this popular tourist highway climbs for nearly 6 miles from Lake George Village to the summit of Prospect Mountain. Here, it is reported, 100 mile views unfold. The property is close to the Adirondack Northway (I87), allowing for easy weekend travel from the Northeast’s major population centers. Warrensburg Village is a popular Adirondack gateway community that is well-known for its historic Main Street District, grand Victorian homes and numerous antique shops. Lake George is one of America’s premier lake resorts and has been a perennial summer vacation destination for generations. North Creek Village and Gore Mountain are located 30 minutes to the north along State Route 28, offering affordable downhill skiing opportunities for winter recreation enthusiasts. Albany’s Capital District and emerging Tech Valley are within a one-hour commute to the south, while New York City and Boston lie 4 hours to the south and east, respectively.
Looking northwest toward Warrensburg and Thurman, with North Creek’s Gore Mountain in the background (over 20 miles away).
ACCESS/BOUNDARIES Access is gained by a 1.5 mile-long, seasonal forest road which originates at Viele Pond Road and extends to the property’s northwest corner. This road is a legally deeded right-of-way that crosses a neighboring property prior to entering the land. Terrain along the first half of the right-ofway is moderate as it follows the Podunk Brook Valley to the east toward Black Spruce Mountain. The second half of the road is notably steeper as it climbs in elevation before culminating at a cleared landing (an ideal off-grid, seasonal cabin site). The road is currently passable during non-winter months by 4-wheel drive vehicles. From the clearing area at the northwest corner, a series of trails lead uphill and into the heart of the land to the south. These trails are suitable for hiking, hunting, ATVs, snowmobiles and horseback riding. Boundary lines on the property are variable and consist of a mix of red and yellow boundary paint, pink flagging, and old fence lines and stone piles. Maps in this report are based on deed information. Tax map acreage is reported to be 315 acres. Buyers should not rely on the maps within this report to accurately portray deeded boundary lines in the field.
This seasonal access road serves as a right-of-way to the property from the townmaintained Viele Pond Road.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
SITE DESCRIPTION Patent Line Mountain Forest’s most distinguishing site feature is its tremendous view shed of the nearby Lake George and Glens Falls region. The views unfold to 270 degree from the height of ground within the heart of the property. The forest lies along three unnamed, distinct ‘peaks’ that emerge from a broad ridge extending southwesterly from Black Spruce Mountain’s summit on nearby state lands. From the clearing area at the terminus of the right-of-way, huge views to the west unfold of prominent local ranges such as Hemlock Ridge, Thomas Mountain and Hickory Ridge. This vicinity is highlysuited to an off-grid cabin site that capitalizes on warm afternoon sunlight. Upon reaching the height of ground in the heart of the property, a second view shed to the south and east unfolds, capturing Looking toward the summit of Black Spruce Mountain on the the entire Glens Falls Region. From the neighboring state lands. numerous open areas of the summit, there are views of Kenyon Mountain, Howe Mountain, and the French Mountain Range overlooking Lake George’s eastern shoreline. This would be a classic area to site a lean-to spike camp for weekend picnics and primitive camping. For deer hunters, the ‘saddle area’ in the central part of the property acts as a key hub that funnels deer movement from nearby mountains during the fall rutting season. This area would be a strategic location to place a tree stand for mid-day sits during the November gun season. Elevations range from 1,700’ ASL (above sea level) near the southeastern boundary line to 2,130’ along the height of ground on the eastern boundary.
Long views of the southern Adirondacks unfold from the property.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
NATURAL RESOURCES Patent Line Mountain Forest offers a young, early successional timber resource that is well–suited to outdoor recreational buyers who are seeking good wildlife habitat, privacy and a high-elevation retreat with views. The property’s recently-harvested forests are a diverse mosaic of northern hardwoods and conifers; maples, beech and birch grow along the well -drained hillsides, while hemlock and spruce grow along the shallower ridgetop sites. Patent Line Mountain Forest was harvested two years ago, with the resulting canopy now being near C level stocking. The recent harvesting activity has allowed enough sunlight on the forest floor to precipitate the development of the next forest age class, along with key wildlife forage like blackberries and browse. These habitat conditions are ideal for the resident white-tailed deer. Aside from firewood cutting for personal consumption, the forest resource will remain in a growth phase over the coming decades as the next forest age class grows and becomes established. No timber inventory is available at this time.
PROPERTY TAXES Annual property taxes in 2015 were roughly $1,442. The property is NOT enrolled in New York State’s Real Property Tax Law 480-A, which could significantly reduce the annual tax burden by as much as 80%. For more information about 480-A, contact Fountains Real Estate or the Department of Environmental Conservation office located in Ray Brook, New York (518) 897-1283.
The property’s forest was recently harvested and the residual resource is a diverse mix of northern hardwoods, hemlock and spruce.
The property is listed in the Warren County Real Property Tax Service in Lake George, New York as Town of Warrensburg parcel 263-1-1, Town of Lake George parcel 263-3-6 and Town of Lake Luzerne parcel 263-2-1. Deed and right-of-way information can be found in the Warren County Clerk’s office and filed in Deed Book 3908 page 252. Adirondack Park Agency zoning is Resource Management, which allows for an average of one principal structure per 42 acres.
A recently thinned stand which will provide browse and cover for deer as saplings become established on the forest floor. Fountains Land Inc. is the exclusive broker representing the seller's interest in the marketing, negotiating and sale of this property. Fountains has an ethical and legal obligation to show honesty and fairness to the buyer. The buyer may retain brokers to represent their interests. All measurements are given as a guide, and no liability can be accepted for any errors arising therefrom. No responsibility is taken for any other error, omission, or misstatement in these particulars, nor do they constitute an offer or a contract. We do not make or give, whether in these particulars, during negotiations or otherwise, any representation or warranty in relation to the property.
Fountains Land Inc — Specializing in the sale of forestland and rural estates.
fountains
Locus Map
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, NY Bu Camp Echo Lake
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ha nR
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i ll Rd
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fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands 2,000
1,000
0 Feet
This is Not A Survey
Copyright:© 2013
Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands
Source: Esri, DigitalGlobe,
Photos are courtesy of ESRI Imagery 2,000
1,000
0
Feet
This is Not A Survey
Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
fountains
Patent Line Forest 319 GIS Acres Warrensburg, Warren County, New York
Patent Line Forest Maintained Town Rd Deeded ROW Trail Town Boundary Public Lands Photos are courtesy of NAIP 2011 2,000
1,000
0 Feet
This is Not A Survey Map produced from the best available information including town tax maps, hand held GPS data, aerial photography and reference information obtained from NYS GIS Clearinghouse. Boundary lines portrayed on this map are approximate and could be different than the actual location of boundaries found in the field.
New York State DEPARTMENT OF STATE Division of Licensing Services P.O. Box 22001 Albany, NY 12201-2001
Customer Service: (518) 474-4429 Fax: (518) 473-6648 Web site: www.dos.state.ny.us
New York State Disclosure Form for Buyer and Seller
THIS IS NOT A CONTRACT New York State law requires real estate licensees who are acting as agents of buyers and sellers of property to advise the potential buyers and sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
Disclosure Regarding Real Estate Agency Relationships Seller’s Agent A seller’s agent is an agent who is engaged by a seller to represent the seller’s interest. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
Buyer’s Agent A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interest. The buyer’s agent does this DOS 1736 (Rev. 3/08)
by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.
Broker’s Agents A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
Dual Agent A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between
the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.
Dual Agent with Designated Sales Agents If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real
estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation.
This form was provided to me by Todd Waldron
(print name of licensee) of
Fountains Land
(print name of company, firm or brokerage), a licensed real estate broker acting in the interest of the: ( X ) Seller as a (check relationship below)
(
) Buyer as a (check relationship below)
( X ) Seller’s agent
(
) Buyer’s agent
(
(
) Broker’s agent
) Broker’s agent (
) Dual agent
(
) Dual agent with designated sales agent
If dual agent with designated sales agents is checked: and
is appointed to represent the buyer;
is appointed to represent the seller in this transaction.
I/We
acknowledge receipt of a copy of this disclosure form:
signature of { } Buyer(s) and/or { } Seller(s):
Date:
DOS 1736 (Rev. 3/08)
Date:
