vol4issue51_realestate

COLUMBIA VALLEY REAL ESTATEDecember 2007

TEAMRAVEN.ca

2 Royal Lepage Real Estate

ROYAL LEPAGE ROCKIES WEST- PROTECTING CLIENTS

WORKING WITH A REALTORAN EXPLANATION OF THE RELATIONSHIP BETWEEN YOU AND A REALTOR® AND OF THE

ASSOCIATION COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATIONBuying, selling or leasing real estate is probably the most important and potentially rewarding fi nancial transaction you’ll make in your life. So it is a good idea to take a moment and consider the kind of relationship you might be entering into with a REALTOR®. The more you know the more satisfi ed you will be with the results.

REALTORS®, Brokerages and real estate boards need to collect, use and disclose some personal information to help you sell, buy or lease real estate.

THE AGENCY RELATIONSHIPREALTORS® work within a legal relationship called agency. The agency relationship exists between you, the principal, and your Brokerage, the

company under which the individual who is representing you, is licensed. The essence of the agency relationship is that the Brokerage has the authority to represent the principal in dealings with others.

Brokerages and their Licensees are legally obligated to protect and promote the interests of their principals as they would their own.Specifi cally, the Brokerage has the following duties:

1) Undivided loyalty. The Brokerage must protect the principal’s negotiating position at all times, and disclose all known facts which may aff ect or infl uence the principal’s decision. 2) To obey all lawful instructions of the principal. 3) An obligation to keep the confi dences of the principal. 4) To exercise reasonable care and skill in performing all assigned duties. 5) To account for all money and property placed in an Brokerage’s hands while acting for the principal.You can expect competent service from your Brokerage, knowing that the company is bound by ethics and the law to be honest and thorough in repre-senting a property listed for sale or lease. Both buyer/tenant and seller/landlord can be represented by their own Brokerages in a single transaction.

DUAL AGENCYDual agency occurs when a Brokerage is representing both the buyer/tenant and the seller/landlord in the same transaction. Since the Brokerage has promised a duty of confi dentiality, loyalty and full disclosure to both parties simultaneously, it is necessary to limit these duties in this situa-tion, if both parties consent. If you fi nd yourself involved in a dual agency relationship, before making or receiving an off er, both you and the other party will be asked to consent, in writing, to this new limited agency relationship.This relationship involves the following limitations: a) The Brokerage will deal with the buyer/tenant and the seller/landlord impartially; b) The Brokerage will have a duty of disclosure to both the buyer/tenant and the seller/landlord except that: i) the Brokerage will not disclose that the buyer/tenant is willing to pay a price or agree to terms other than those contained in the off er, or that the seller/landlord is willing to accept a price… or terms other than those contained in the listing; ii) the Brokerage will not disclose the motivation of the buyer/tenant to buy or lease or the seller/landlord to sell or lease unless authorized by the buyer/tenant or the seller/landlord; iii)The Brokerage will not disclose personal information, not otherwise necessarily disclosed in the transaction documentation, about the buyer/tenant or seller/landlord to the other party unless authorized in writing. c) The Brokerage will disclose to the buyer/tenant defects about the physical condition of the property known to the Brokerage.

WHEN THERE IS NO AGENCY RELATIONSHIPYou may also choose to use the services of a REALTOR® without having any kind of agency relationship. This might occur, for example, when you are

being shown a property by the seller/landlord’s agent.The REALTOR® you choose to work with in this manner has a legal and ethical duty to provide you with accurate, honest answers to your questions and

may provide all these services: • Explain real estate terms and practices • Provided and explain forms used

• Assist you in screening and viewing properties • lnform you of lenders and their policies • Identify and estimate costs involved in a transaction • Assist you in establishing your range of aff ordability • Prepare off ers or counter-off ers at your direction • Present all off ers promptly.

A REALTOR® who is not your agent cannot: • Recommend or suggest a price • lnform you of his/her principal’s top/bottom line • Disclose any confi dential information about his/her principal unless otherwise authorizedYou should not provide a REALTOR® who is not your agent with any information that you would not provide directly to his or her principal.

YOUR RESPONSIBILITIES AS A BUYER/TENANT OR A SELLER/LANDLORDAs a buyer/tenant or a seller/landlord, you should: • Carefully read all documents and understand what you are signing. • If you need special or expert advice, seek other professionals such as lawyers, notaries, accountants, home inspectors, contractors, engineers and surveyors.

AGENCY ACKNOWLEDGEMENTAgency acknowledgement clauses such as the following will be used in the Contract of Purchase and Sale or the Off er to Lease:The seller/landlord has an agency relationship with _____________________ (Brokerage) and ___________________(Licensee)The buyer/tenant has an agency relationship with ______________________(Brokerage) and ___________________ (Licensee)The buyer/tenant and the seller/landlord have consented to a limited dual agency relationship with ___________________(Brokerage) ________________________ (Licensee) and ____________________________(Licensee) having signed a Limited Dual Agency Agreement dated __________________________________, yr. ___________________.

Members of the public are aware that in most cases properties off ered for sale or lease by members of the real estate industry have a commission or fee that the seller/landlord has agreed to pay to the Listing Brokerage. The Listing Brokerage traditionally shares this commission/fee with the Cooperating Brokerage. Commission and fee may vary.

PRIVACYREALTORS®, Brokerages and real estate boards need to collect, use and disclose some personal information to help you sell, buy or lease real

estate. We respect your privacy and want to ensure you understand how and why your information is collected, used and disclosed in a real estate transaction.

How is my personal information collected? Most personal information will be collected directly from you through the contracts and other documents you fi ll out (e.g., Multiple Listing Contract, Contract of Purchase and Sale, Off er to Lease, seller’s Property Disclosure Statement) and through discussions you have with your REALTOR®. Some information may be collected from other sources such as government departments and agencies (e.g., Land Title Offi ces, BC Assessment), fi nancial institutions and mortgage brokers.

To whom may my personal information be disclosed? Your information may be disclosed to (or may be accessed by) the Boards and their staff and members, other real estate boards and their staff and members, other REALTORS@ and their clients, government departments and agen-cies, fi nancial institutions, legal advisors, service providers, the British Columbia Real Estate Association, the Real Estate Council of British Columbia, The Canadian Real Estate Association and members of the public, for the purposes described below. Not all of your information will be accessible to each of the above mentioned entities. For example, once the listing term has ended, the general public will not have access to your information unless it is otherwise available through public registries (e.g., BC Assessment, Land Title Offi ces).

PURPOSES FOR COLLECTING, USING AND DISCLOSING PERSONAL INFORMATIONWhy is my personal information collected, used and disclosed?Your information may be collected, used and disclosed for some or all of the following purposes: a) To allow members of real estate boards (including REALTORS® and appraisers) to appraise your property. b) To list your property with the Multiple Listing service® in order to market your property. c) To market your property for sale or lease through any other media (both print and electronic). d) To help you locate a suitable property to purchase or lease. e) To facilitate the purchase and sale or lease transaction (by cooperating with fi nancial institutions, legal advisors and government departments and agencies). f ) To allow the Boards and other real estate boards and their members (including REALTORS® and appraisers) to compile current and historical statistics on sales and property prices and lease rates, and to conduct comparative market analyses. Information about your property will be retained in the Multiple Listing service® for these purposes after your property has sold or leased or your listing has expired (if you are a seller/landlord) and after you have purchased or leased your property (if you are a buyer/tenant). g) To enforce codes of professional conduct and ethics for members of real estate boards (by cooperating with real estate boards, the British Columbia Real Estate Association, the Real Estate Council of British Columbia, The Canadian Real Estate Association and other regulatory bodies). h) To comply with legal requirements and to act pursuant to legal authorizations.The above-mentioned collections, uses and disclosures are a necessary part of your relationship with your REALTOR®.Will my personal information be collected, used and disclosed for any other purposes? Your information may also be collected, used and disclosed for the following additional purposes: a) Your REALTOR® may communicate with you in future to determine whether you require additional real estate services. b) Your REALTOR® may communicate with you to provide information about other products or services which may interest you. c) Other REALTORS® may communicate with you to determine whether you require additional real estate services.These additional purposes are optional. If you do not want your personal information disclosed or used for these purposes, please contact the Board’s privacy offi cer. Contact information for all real estate boards within BC can be found at the British Columbia Real Estate Association (BCREA) website: www.bcrea.bc.ca or telephone 604.683.7702, or toll free 1.877.361.3626.

DEFINITIONS- The Brokerage is the real estate company under which the individual is licensed.- The Licensee is the managing broker, associate broker and/or representative of a Brokerage.- REALTOR® is often used interchangeably with licensee, real estate agent or representative and, in BC, is licensed under the Real Estate Services Act. A Licensee can use the term REALTOR® if he/ she belongs to a local real estate board or association that enforces a strict Code of Ethics.- The Boards are the real estate boards and associations in whose jurisdiction the property is located and/or of which the Brokerage or the REALTOR® is a member. They are boards and associations which assist REALTORS® to market, sell or lease real estate. The Boards also provide ongoing training for their members, enforce ethical standards and help resolve disputes between members and the public.- The Multiple Listing Service® is a computerized database of real estate listings and sales. It is operated by the Boards in conjunction with other real estate boards and The Canadian Real Estate Association.- Personal Information means any personal information about you, including your name, address, phone number, fi nancial information and may include information about your property (such as listing and selling price, lease rate, listing term, etc.).- The buyer/tenant is often referred to as the purchaser.- The seller/landlord is often referred to as the vendor.- The principal is someone who has engaged a Brokerage to act for and on his or her behalf either to buy, sell or lease real estate.- The landlord is often referred to as the lessor.- The tenant is often referred to as the lessee.

This pamphlet has been designed to explain various types of agency relationships, the collection, use and disclosure of personal information, and to help you understand what it all means. If you are still unclear about these concepts, feel free to seek legal counsel.

I acknowledge having received and read the brochure Working With a REALTOR®. I understand the various types of relationships that may occur between myself and a REALTOR®.

I consent to the Boards, other real estate boards, the Brokerage and the, Licensee collecting, using and disclosing personal information for the purposes (and to the recipients) described in the brochure.

I further understand that I will be signing additional documentation acknowledging the type of agency that I receive and consenting to the collection, use and disclosure of personal information.INDIVIDUAL OR COMPANY NAME (PRINT) _______________________________________________________________AUTHORIZED SIGNATURE _______________________________AUTHORIZED SIGNATURE __________________________(COMPANY 0NLY)AUTHORlZED SIGNATORY (PRINT) __________________________ DATED _________________, Yr. _______ACKNOWLEDGED BY: BROKERAGE (PRINT) ______________________________________________________________PER: LICENSEE’S SIGNATURE_________________________________ LICENSEE (PRINT) ___________________________

As part of our ongoing eff ort to ensure the best professional service we ask that all clients familiarize themselves with privacy issues and agency relationships prior to engaging a Realtor.

Rockies WestRealty

www.rockieswest.com

Invermere230 Laurier Street

Toll free: (888) 322-8833Phone: (250) 342-5599

Fax: (250) 342-5559

Fairmont Hot Springs5003 Hotsprings Road

Toll free: (877) 342-3427Phone: (250) 345-0333

Fax: (250) 345-6353

Royal Lepage Real Estate 3

LOTS & ACREAGES

LOT 3 SPRUCE ST., CANAL FLATS$99,900

Rare Mobile Home Zoning! A great lot in a quiet location; close to the school, golf course, convenience stores and only a 2 minute drive to beautiful Columbia Lake. This is your chance at creating an aff ord-able family home the way you want it. NO GST! MLS #K164949

Lake access lot – no GST, no building commitment! This large lot in the new gated community of Bella Vista, just minutes south of Fairmont Hot Springs, features underground utilities, rec center, day-use dock, walk-ing trails, streams & breathtaking mountain and lake views. Build your dream house now or at your leisure! MLS #K166637

LOT 41, BELLA VISTA ESTATES, FAIRMONT, $285,000

4963 MOUNTAINSIDE ROAD, FAIRMONT, $190,000

This Fairmont Hot Springs building lot is beautifully treed and fully serviced on a quiet street with mountain views. There is no build-ing time commitment and a modest building scheme enables you to build a cottage or your dream home on a gently sloping lot perfect for a walk-out fl oor plan. MLS K163202

LOT 23, THE COTTAGES AT COPPERPOINT, $138,900

Lowest priced lot in “The Cottages at Cop-per Point”. Great location away from high-way, fl at level lot, no time limit to build. No GST. Going…Going… MLS #K165350

LOT 7 PHASE 6A, LAKEVIEW MEADOWS$230,000

Lifestyle at its best! Golf Course Location! Lakeview Meadows amenities at your door-step! Build your dream getaway; with walkout potential. Great choice! Come and enjoy! MLS K160686

1021 SWANSEA ROAD, WINDERMERE, $229,000

This is your chance to secure a great Windermere lot with no build commitment! Convenience is abundant with front or back street access and within 5 minute drive to Invermere. This lot is ideally sloped for a walkout basement that will also give your dream home a beautiful mountain view. MLS #K166902

Columbia Ridge Aff ordability! This level lot is ready for your dream cottage just a few min-utes walk to the lake & beach & the kids will love being 100 metres away from the park which will have them active with soccer, ten-nis & basketball. Expose the whole family to an active lifestyle. MLS K165870

LOT 2, PHASE 2, COLUMBIA RIDGE DRIVE, FAIRMONT, $164,900

LOT 8, CASTLESTONE DRIVE, CASTLEROCK, $132,000

Great Price, Great View & NO GST! This fl at, treed lot in CastleRock Estates Phase II provides lots of options for your dream, mountain-view home. Serviced by community water & sewer. CastleRock amenities to include rec center, pool and village plaza. Building commitment not until March 2009. MLS #K166672

LOT B MCINTOSH LOOP RD. RADIUM RESORT, $249,000

Tucked away in a small, heavily treed subdivi-sion, surrounded by the Radium Resort Golf Course, you will fi nd a hidden gem. This ideal .41 acre building site is gently sloping to allow a front to back out walkout and great moun-tain views. MLS #K164567

4947 MOUNTAIN VIEW DRIVE, FAIRMONT, $199,000

Mountainview building lot at Fairmont Hot Springs. No building time commitment, walk-out potential. Quiet, treed residential location! Great opportunity to enjoy the Fairmont area and its many amenities! MLS #K166941

LOT 71 SANDSTONE COURT, CASTLEROCK, $109,900

This corner lot located in the beautiful commu-nity of CastleRock Estates off ers a south/north exposure is fully serviced and naturally treed. The lot backs onto a lane way with a natural green space directly to the north providing a private treed setting in your back yard. MLS #K165288

“Aff ordable opportunity awaits in the quiet village of Edgewater. This landscaped R1-MH zoned lot is private and close to the elemen-tary school and general store. Mountain views and services at roadside make this an opportu-nity not to miss!” MLS #K165251

4787 RIVERVIEW DRIVE, EDGEWATER$119,000

LOT 68 RIVERVIEW CRESCENT, FAIRMONT, $150,000

Riverside building lot at a bargain price! Char-ter golf membership available! Excellent cen-tral location! Call for details! MLS #K165599

LOT 53 TEAL ROAD, DUTCH CREEK$199,000

Wonderful treed lot in the quiet community of Dutch Creek, just 5 minutes South of Fairmont Hot Springs. This level 0.313 acre private lot off ers 100 feet of frontage and over 140 feet of depth to build your perfect recreational getaway. With no building commitment and no GST - this won’t last!! MLS K163496

LOT 13 GREYWOLF DRIVE, PANORAMA$194,000. + GST

Year-round Recreational Paradise - View lot at Greywolf Golf Course, Panorama. Build your dream home at your leisure with no building commitment! Beautiful mountain setting with skiing, golfi ng, hiking, cycling and swimming just outside your front door. MLS#K166726

LOT 13, VALLEY’S EDGE RESORT, EDGEWATER, $79,900

Recreational cottage lot in gated, fully ser-viced Valley’s Edge Resort in Edgewater. Architectural controls and building scheme in place. Planned amenities include log clubhouse, outdoor pool, amphitheatre, tennis, basketball, volleyball courts. MLS #K166754

LOT 32 640 UPPER LAKEVIEW ROAD$219,900

This building lot is fully serviced on a quiet cul-de-sac with no building time commitment & a modest building scheme. The Highlands is a family oriented community off ering an abun-dance of green space, minimal traffi c & close proximity to many amenities. MLS #K165290

Cul-De-Sac Lot at Riverside Golf Estates. Treed with rocky mountain views! Excellent op-portunity to enjoy Fairmont and area! MLS# K164558

LOT 55 RIVERVIEW PLACE, FAIRMONT$184,000

LISTIN

INVERMERE FAIRMONT

Kim CollensOwner/Sales

342-1671Ken Becker

342-1161Tracy Seheult

Assistant

345-0333Ross Newhouse

342-5247Ron Maciborski

342-5704Steve Williams

342-1031Charlotte Jablanczy

341-5894Don Slobodzian

342-5476

Rockies WestRealty

www.rockieswest.comKristy AltmanAssistant

341-5747