Disclosures

DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE LANDLORD AGENCY, TENANT AGENCY OR TRANSACTION-BROKERAGE.  


BROKERAGE DISCLOSURE TO TENANT

        DEFINITIONS OF WORKING RELATIONSHIPS

For purposes of this document, landlord includes sublandlord and tenant includes subtenant.


Landlord’s Agent: A landlord’s agent works solely on behalf of the landlord to promote the interests of the landlord with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the landlord. The landlord’s agent must disclose to potential tenants all adverse material facts actually known by the landlord’s agent about the property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the landlord.


Tenant’s Agent: A tenant’s agent works solely on behalf of the tenant to promote the interests of the tenant with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the tenant. The tenant’s agent must disclose to potential landlords all adverse material facts actually known by the tenant’s agent, including the tenant’s financial ability to perform the terms of the transaction and, if a residential property, whether the tenant intends to occupy the property. A separate written tenant agency agreement is required which sets forth the duties and obligations of the broker and the tenant.


Transaction-Broker: A transaction-broker assists the tenant or landlord or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A transaction broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a tenant’s financial ability to perform the terms of a transaction and, if a residential property, whether the tenant intends to occupy the property. No written agreement is required.


Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker.


RELATIONSHIP BETWEEN BROKER AND TENANT


Broker and Tenant referenced below have NOT entered into a tenant agency agreement. The working relationship specified below is for a specific property described as:

___________________________________________________________________________________


or real estate which substantially meets the following requirements: 

___________________________________________________________________________________

Tenant understands that Tenant is not liable for Broker’s acts or omissions that have not been approved, directed, or ratified by Tenant.


CHECK ONE BOX ONLY:

__X__Multiple-Person Firm. Broker, referenced below, is designated by Brokerage Firm to serve as Broker. If more than one individual is so designated, then references in this document to Broker shall include all persons so designated, including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.


_____One-Person Firm. If Broker is a real estate brokerage firm with only one licensed natural person, then any references to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as Broker.


__X__Customer. Broker is the ___X__landlord’s agent _____landlord’s transaction-broker and Tenant is a customer. Broker intends to perform the following list of tasks: ___X__ Show the premises __X__ Prepare and Convey written offers, counteroffers and agreements to amend or extend the contract. Broker is not the agent or transaction-broker of Tenant.


_____Customer for Broker’s Listings – Transaction-Brokerage for Other Properties. When Broker is the landlord’s agent or landlord’s transaction-broker, Tenant is a customer. When Broker is not the landlord’s agent or landlord’s transaction-broker, Broker is a transaction-broker assisting Tenant in the transaction. Broker is not the agent of Tenant.

_____Transaction-Brokerage Only. Broker is a transaction-broker assisting the Tenant in the transaction. Broker is not the agent of Tenant.


If Broker is acting as a transaction-broker, Tenant consents to Broker’s disclosure of Tenant’s confidential information to the supervising broker or designee for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information without consent of Tenant, or use such information to the detriment of Tenant.


THIS IS NOT A CONTRACT.

If this is a residential transaction, the following provision applies:


MEGAN’S LAW. If the presence of a registered sex offender is a matter of concern to Tenant, Tenant understands that Tenant must contact local law enforcement officials regarding obtaining such information.





Colorado Radon Disclosure - Rental Properties


RADON WARNING STATEMENT: THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL TENANTS HAVE AN INDOOR RADON TEST PERFORMED BEFORE LEASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL.


RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADONINDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. A LANDLORD IS REQUIRED TO PROVIDE THE TENANT WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY.


Lessor’s/Landlord’s Disclosure - Presence of radon (check only one box)

                                     1.              __X__ Lessor (Landlord) has no knowledge of a radon test(s) having been conducted on the residential real                                       property in the housing.


                                     2.              _____ Lessor (Landlord) knows that a radon test(s) having been conducted on the residential real property                                       in the housing. If this box is checked, A, B, and C below must be completed.


                                     A.              The most current records and reports pertaining to the radon concentrations within the residential real                                               property are provided with this disclosure.


                                     B.              The radon concentrations detected, and mitigation or remediation performed, if any:                                                                                    _______________________________________________________.

                                     C.               The following mitigation system is installed in the residential (describe, if applicable, and attach                                                             documentation regarding the system):

                                     _______________________________________________________. 


Radon Brochure

Lessor (Landlord) has attached a copy of the most recent brochure published by the Department of Public Health and Environment in accordance with C.R.S. § 25-11-114(2)(a) that provides advice about radon in real estate transactions. http://cdphe.colorao.gov/hm/radon-and-real-estate


Prospective Lessee’s (Tenant’s) Acknowledgment:

                                      _____If Box 2 above is checked, Prospective Lessee/Tenant has received copies of all information listed above.



                                     _____Lessee/Tenant has received the radon brochure.


ACCURACY CERTIFICATIONS and TENANT’S ACKNOWLEDGMENT. Lessor (Landlord) and any agent named below certify that to the best of their knowledge the above information and statements made or provided by them, respectively, are true and accurate. The person who signs for the Lessor (Landlord) may be (1) the owner himself or herself; (2) an employee, officer or partner of the owner; or (3) a representative of the owner’s management company, real estate agent or locator service, if such person is authorized to sign for the Lessor (Landlord).


The prospective Tenants signing below acknowledge that they have received a copy of this Radon Disclosure and radon brochure before becoming obligated to sign the Lease.