This contract is entered into by the buyer or seller with a real estate broker. This agreement will set forth the type of brokerage relationship that will be established between the broker and the client. It will also set forth the brokerage services to be provided to the client, the compensation to be paid to the broker for those services rendered, as well as many other terms and conditions that the client and broker agree to in the listing contract. A very important provision in this document includes the duties that the broker must perform on behalf of the client.
Colorado law requires a broker to disclose to any prospective buyer all adverse material facts actually known by such broker including but not limited to adverse material facts pertaining to the title to the property and the physical condition of the property, any material defects in the property, and any environmental hazards affecting the property which are required by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building laws, and nonconforming uses and zoning variances.
The listing contract also sets forth some disclosure and consent obligations and responsibilities that the buyer or seller have toward the broker that includes:
While there are many additional terms and conditions for both a seller and a buyer and their respective broker in a listing contract, the obligations and responsibilities discussed above will help home buyers and sellers understand a little better what to expect in the beginning stages of a real estate transaction