RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT

Transcription

RESIDENTIAL LEASE OR
MONTH-TO-MONTH RENTAL AGREEMENT
(C.A.R. Form LR, Revised 4/11)
Date
01/10/2012
Chih Hsin Wang, Karen Kung
Shin, Melody
Shin
,
Jae
("Landlord") and
("Tenant") agree as follows:
1. PROPERTY:
A. Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 6585 Gillis Drive , San
("Premises").
Jose, CA 95120
B. The Premises are for the sole use as a personal residence by the following named person(s) only: Jae And Melody Shin and their
.
4 (four) children
C. The following personal property, maintained pursuant to paragraph 11, is included:
or X (if checked) the personal property on the attached addendum.
D. The Premises may be subject to a local rent control ordinance
.
("Commencement Date"), (Check A or B):
2. TERM: The term begins on (date)
January 27, 2012
A. Month-to-Month: and continues as a month-to-month tenancy. Tenant may terminate the tenancy by giving written notice at least 30 days
prior to the intended termination date. Landlord may terminate the tenancy by giving written notice as provided by law. Such notices may be
given on any date.
11:59
X B. Lease: and shall terminate on (date)
at
AM/ X PM.
June 30, 2013
Tenant shall vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in
writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due
Rent), in which case a month-to-month tenancy shall be created which either party may terminate as specified in paragraph 2A. Rent shall be
at a rate agreed to by Landlord and Tenant, or as allowed by law. All other terms and conditions of this Agreement shall remain in full force
and effect.
3. RENT: "Rent" shall mean all monetary obligations of Tenant to Landlord under the terms of the Agreement, except security deposit.
A. Tenant agrees to pay $ 3,725.00
per month for the term of the Agreement.
) day of each calendar month, and is delinquent on the next day.
B. Rent is payable in advance on the 1st (or
C. If Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month’s Rent in
advance of Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period.
personal check,
money order,
cashier's check, or X other Electronic Transfer
D. PAYMENT: Rent shall be paid by
, to
(name) Karen Kung
(phone) (408)823-8867
at
, (or
(address)
at any other location subsequently specified by Landlord in writing to Tenant) (and
if checked, rent may be paid personally, between the hours
). If any payment
of
and
on the following days
is returned for non-sufficient funds (“NSF”) or because tenant stops payment, then, after that: (i) Landlord may, in writing, require Tenant to pay
Rent in cash for three months and (ii) all future Rent shall be paid by X money order, or X cashier's check.
4. SECURITY DEPOSIT:
A. Tenant agrees to pay $ 3,725.00
as a security deposit. Security deposit will be X transferred to and held by the Owner
of the Premises, or
held in Owner's Broker's trust account.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant’s default in payment of Rent (which includes
Late Charges, NSF fees or other sums due); (ii) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of
Tenant; (iii) clean Premises, if necessary, upon termination of the tenancy; and (iv) replace or return personal property or appurtenances.
SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH’S RENT. If all or any portion of the
security deposit is used during the tenancy, Tenant agrees to reinstate the total security deposit within five days after written notice is delivered to
Tenant. Within 21 days after Tenant vacates the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any
security deposit received and the basis for its disposition and supporting documentation as required by California Civil Code § 1950.5(g); and (2)
return any remaining portion of the security deposit to Tenant.
C. Security deposit will not be returned until all Tenants have vacated the Premises and all keys returned. Any security deposit returned
by check shall be made out to all Tenants named on this Agreement, or as subsequently modified.
D. No interest will be paid on security deposit unless required by local law.
E. If the security deposit is held by Owner, Tenant agrees not to hold Broker responsible for its return. If the security deposit is held in Owner’s
Broker’s trust account, and Broker’s authority is terminated before expiration of this Agreement, and security deposit is released to someone
other than Tenant, then Broker shall notify Tenant, in writing, where and to whom security deposit has been released. Once Tenant has been
provided such notice, Tenant agrees not to hold Broker responsible for the security deposit.
5. MOVE-IN COSTS RECEIVED/DUE: Move-in funds made payable to
Karen Kung
shall be paid by X personal check, X money order, or X cashier's check.
Category
Rent from 01/27/2012
to 02/29/2012 (date)
*Security Deposit
Total Due
Payment Received
$4,345.00
$3,725.00
$3,725.00
Other Security for
Other last mo rent
Balance Due
Date Due
$4,345.00
01/26/2012
$3,725.00
01/26/2012
$3,725.00
Total
$11,795.00
$3,725.00
$8,070.00
*The maximum amount Landlord may receive as security deposit, however designated, cannot exceed two months’ Rent for unfurnished premises, or
three months’ Rent for furnished premises.
Tenant's Initials
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The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized
reproduction of this form, or any portion thereof, by photocopy machine or any other
means, including facsimile or computerized formats. Copyright © 1991-2011,
CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
Landlord's Initials (
Reviewed by
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Date
LR REVISED 4/11 (PAGE 1 OF 6)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 1 OF 6)
Agent: Michael Roberts
Phone: 408.505.5614
Fax: 408.356.8880
Broker: Realty World Trademark Properties 14172 Blossom Hill Road Los Gatos, CA 95032
Prepared using zipForm® software
6585 Gillis Drive
Premises: San Jose, CA 95120
Date: January 10, 2012
6. LATE CHARGE; RETURNED CHECKS:
A. Tenant acknowledges either late payment of Rent or issuance of a returned check may cause Landlord to incur costs and
expenses, the exact amounts of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent
due from Tenant is not received by Landlord within 5 (or
) calendar days after the date due, or if a check is returned,
Tenant shall pay to Landlord, respectively, an additional sum of $ 100.00
or
% of the Rent due as
a Late Charge and $25.00 as a NSF fee for the first returned check and $35.00 as a NSF fee for each additional returned check,
either or both of which shall be deemed additional Rent.
B. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by
reason of Tenant’s late or NSF payment. Any Late Charge or NSF fee due shall be paid with the current installment of Rent.
Landlord’s acceptance of any Late Charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord’s right
to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 3 or prevent
Landlord from exercising any other rights and remedies under this Agreement and as provided by law.
7. PARKING: (Check A or B)
A. Parking is permitted as follows:
OR
8.
OR
9.
10.
11.
The right to parking
is
is not included in the Rent charged pursuant to paragraph 3. If not included in the Rent, the.
parking rental fee shall be an additional $
per month. Parking space(s) are to be used for parking
properly licensed and operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up
trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other
motor vehicle fluids shall not be parked on the Premises. Mechanical work or storage of inoperable vehicles is not permitted
in parking space(s) or elsewhere on the Premises.
B. Parking is not permitted on the Premises.
STORAGE: (Check A or B)
A. Storage is permitted as follows:
The right to separate storage space
is, is not, included in the Rent charged pursuant to paragraph 3. If not included in
the Rent, storage space fee shall be an additional $
per month. Tenant shall store only personal
property Tenant owns, and shall not store property claimed by another or in which another has any right, title or interest.
Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, hazardous waste
or other inherently dangerous material, or illegal substances.
B. Except for Tenant's personal property, contained entirely within the Premises, storage is not permitted on the Premises.
UTILITIES: Tenant agrees to pay for all utilities and services, and the following charges: See Addendum ONE
except
, which shall be paid for by Landlord. If any utilities are not separately metered,
Tenant shall pay Tenant’s proportional share, as reasonably determined and directed by Landlord. If utilities are separately metered,
Tenant shall place utilities in Tenant’s name as of the Commencement Date. Landlord is only responsible for installing and
maintaining one usable telephone jack and one telephone line to the Premises. Tenant shall pay any cost for conversion from
existing utilities service provider.
CONDITION OF PREMISES: Tenant has examined Premises and, if any, all furniture, furnishings, appliances, landscaping and
fixtures, including smoke detector(s).
(Check all that apply:)
A. Tenant acknowledges these items are clean and in operable condition, with the following exceptions:
.
X B. Tenant’s acknowledgment of the condition of these items is contained in an attached statement of condition (C.A.R. Form
MIMO).
C. (i) Landlord will Deliver to Tenant a statement of condition (C.A.R. Form MIMO)
within 3 days after execution of this
Agreement;
prior to the Commencement Date; within 3 days after the Commencement Date.
(ii) Tenant shall complete and return the MIMO to Landlord within 3 (or
) days after Delivery. Tenant's failure to
return the MIMO within that time shall conclusively be deemed Tenant's Acknowledgement of the condition as stated in the
MIMO.
X D. Tenant will provide Landlord a list of items that are damaged or not in operable condition within 3 (or
) days
after Commencement Date, not as a contingency of this Agreement but rather as an acknowledgment of the condition of the
Premises.
.
X E. Other: 10 (D) refers to any items that may have been overlooked previously on MIMO.
MAINTENANCE:
A. Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and.
appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well
ventilated. Tenant shall be responsible for checking and maintaining all carbon monoxide and smoke detectors and any
additional phone lines beyond the one line and jack that Landlord shall provide and maintain. Tenant shall immediately notify
Landlord, in writing, of any problem, malfunction or damage. Tenant shall be charged for all repairs or replacements caused by
Tenant, pets, guests or licensees of Tenant, excluding ordinary wear and tear. Tenant shall be charged for all damage to
Premises as a result of failure to report a problem in a timely manner. Tenant shall be charged for repair of drain blockages or
stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.
B.
Landlord
Tenant shall water the garden, landscaping, trees and shrubs, except:
.
Tenant shall maintain the garden, landscaping, trees and shrubs, except: those belonging to
C. X Landlord
neighboring properties.
.
D.
Landlord X Tenant shall maintain and monitor pool water level and add water as necessary.
.
E. Tenant’s failure to maintain any item for which Tenant is responsible shall give Landlord the right to hire someone to perform
such maintenance and charge Tenant to cover the cost of such maintenance.
F. The following items of personal property are included in the Premises without warranty and Landlord will not maintain, repair or
replace them: refrigerator
.
Tenant's Initials
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Copyright © 1991-2011, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
Reviewed by
)(
Date
)
6585 Gillis Drive
12. NEIGHBORHOOD CONDITIONS: Tenant is advised to satisfy him or herself as to neighborhood or area conditions, including
schools, proximity and adequacy of law enforcement, crime statistics, proximity of registered felons or offenders, fire protection, other
governmental services, availability, adequacy and cost of any wired, wireless internet connections or other telecommunications or
other technology services and installations, proximity to commercial, industrial or agricultural activities, existing and proposed
transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild
and domestic animals, other nuisances, hazards, or circumstances, cemeteries, facilities and condition of common areas, conditions
and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Tenant.
13. PETS: Unless otherwise provided in California Civil Code § 54.2, no animal or pet shall be kept on or about the Premises
without Landlord’s prior written consent, except:
.
14. X (If checked) NO SMOKING: No smoking of any substance is allowed on the Premises or common areas. If smoking does occur
on the Premises or common areas, (i) Tenant is responsible for all damage caused by the smoking including, but not limited to
stains, burns, odors and removal of debris; (ii) Tenant is in breach of this Agreement; (iii) Tenant, guests, and all others may be
required to leave the Premises; and (iv) Tenant acknowledges that in order to remove odor caused by smoking, Landlord may need
to replace carpet and drapes and paint the entire premises regardless of when these items were last cleaned, replaced. or repainted.
Such actions and other necessary steps will impact the return of any security deposit. The Premises or common areas may be
subject to a local non-smoking ordinance.
15. RULES/REGULATIONS:
A. Tenant agrees to comply with all Landlord rules and regulations that are at any time posted on the Premises or delivered to
Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant shall not, disturb, annoy, endanger or interfere
with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law or ordinance, or commit a
waste or nuisance on or about the Premises.
B. (If applicable, check one)
1. Landlord shall provide Tenant with a copy of the rules and regulations within 3
days or
.
OR
2. Tenant has been provided with, and acknowledges receipt of, a copy of the rules and regulations.
16.
(If checked) CONDOMINIUM; PLANNED UNIT DEVELOPMENT:
A. The Premises are a unit in a condominium, planned unit development, common interest subdivision or other development
governed by a homeowners’ association (“HOA”). The name of the HOA is
.
Tenant agrees to comply with all HOA covenants, conditions and restrictions, bylaws, rules and regulations and decisions ("HOA
Rules"). Landlord shall provide Tenant copies of HOA Rules, if any. Tenant shall reimburse Landlord for any fines or charges
imposed by HOA or other authorities, due to any violation by Tenant, or the guests or licensees of Tenant.
B. (Check one)
1. Landlord shall provide Tenant with a copy of the HOA Rules within
days
or
.
OR
2. Tenant has been provided with, and acknowledges receipt of, a copy of the HOA Rules.
17. ALTERATIONS; REPAIRS: Unless otherwise specified by law or paragraph 29C, without Landlord’s prior written consent, (i) Tenant
shall not make any repairs, alterations or improvements in or about the Premises including: painting, wallpapering, adding or
changing locks, installing antenna or satellite dish(es), placing signs, displays or exhibits, or using screws, fastening devices, large
nails or adhesive materials; (ii) Landlord shall not be responsible for the costs of alterations or repairs made by Tenant; (iii) Tenant
shall not deduct from Rent the costs of any repairs, alterations or improvements; and (iv) any deduction made by Tenant shall be
considered unpaid Rent.
18. KEYS; LOCKS:
A. Tenant acknowledges receipt of (or Tenant will receive
prior to the Commencement Date, or
):
2
1
key(s) to Premises,
remote control device(s) for garage door/gate opener(s),
X
X
,
key(s) to mailbox,
X 2 GARAGE SIDE DOOR KEYS
.
key(s) to common area(s),
B. Tenant acknowledges that locks to the Premises
have,
have not, been re-keyed.
C. If Tenant re-keys existing locks or opening devices, Tenant shall immediately deliver copies of all keys to Landlord. Tenant shall
pay all costs and charges related to loss of any keys or opening devices. Tenant may not remove locks, even if installed by
Tenant.
19. ENTRY:
A. Tenant shall make Premises available to Landlord or Landlord’s representative for the purpose of entering to make necessary or
agreed repairs, (including, but not limited to, installing, repairing, testing, and maintaining smoke detectors and carbon monoxide
devices and bracing, anchoring or strapping water heaters), decorations, alterations, or improvements, or to supply necessary or
agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or
contractors.
B. Landlord and Tenant agree that 24-hour written notice shall be reasonable and sufficient notice, except as follows. 48-hour
written notice is required to conduct an inspection of the Premises prior to the Tenant moving out, unless the Tenant waives the
right to such notice. Notice may be given orally to show the Premises to actual or prospective purchasers provided Tenant has
been notified in writing within 120 days preceding the oral notice, that the Premises are for sale and that oral notice may be
given to show the Premises. No notice is required: (i) to enter in case of an emergency; (ii) if the Tenant is present and consents
at the time of entry or (iii) if the Tenant has abandoned or surrendered the Premises. No written notice is required if Landlord
and Tenant orally agree to an entry for agreed services or repairs if the date and time of entry are within one week of the oral
agreement.
C.
(If checked) Tenant authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum (C.A.R. Form KLA).
20. SIGNS: Tenant authorizes Landlord to place FOR SALE/LEASE signs on the Premises.
21. ASSIGNMENT; SUBLETTING: Tenant shall not sublet all or any part of Premises, or assign or transfer this Agreement or any
interest in it, without Landlord’s prior written consent. Unless such consent is obtained, any assignment, transfer or subletting of
Premises or this Agreement or tenancy, by voluntary act of Tenant, operation of law or otherwise, shall, at the option of Landlord,
terminate this Agreement. Any proposed assignee, transferee or sublessee shall submit to Landlord an application and credit
information for Landlord’s approval and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord’s
consent to any one assignment, transfer or sublease, shall not be construed as consent to any subsequent assignment, transfer or
sublease and does not release Tenant of Tenant’s obligations under this Agreement.
Tenant's Initials
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Reviewed by
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Date
)
6585 Gillis Drive
22. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely
responsible for the performance of all obligations of Tenant under this Agreement, jointly with every other Tenant, and individually,
whether or not in possession.
23. X LEAD-BASED PAINT (If checked): Premises were constructed prior to 1978. In accordance with federal law, Landlord gives and
Tenant acknowledges receipt of the disclosures on the attached form (C.A.R. Form FLD) and a federally approved lead pamphlet.
24.
MILITARY ORDNANCE DISCLOSURE: (If applicable and known to Landlord) Premises are located within one mile of an area
once used for military training, and may contain potentially explosive munitions.
25.
PERIODIC PEST CONTROL: Landlord has entered into a contract for periodic pest control treatment of the Premises and shall
give Tenant a copy of the notice originally given to Landlord by the pest control company.
METHAMPHETAMINE CONTAMINATION: Prior to signing this Agreement, Landlord has given Tenant a notice that a health
26.
official has issued an order prohibiting occupancy of the property because of methamphetamine contamination. A copy of the
notice and order are attached.
27. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified
registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at
www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the
offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Landlord nor Brokers, if any, are
required to check this website. If Tenant wants further information, Tenant should obtain information directly from this website.)
28. POSSESSION:
A. Tenant is not in possession of the Premises. If Landlord is unable to deliver possession of Premises on Commencement Date,
such Date shall be extended to the date on which possession is made available to Tenant. If Landlord is unable to deliver
possession within 5 (or
) calendar days after agreed Commencement Date, Tenant may terminate this Agreement
by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. Possession is deemed terminated
when Tenant has returned all keys to the Premises to Landlord.
B.
Tenant is already in possession of the Premises.
29. TENANT’S OBLIGATIONS UPON VACATING PREMISES:
A. Upon termination of this Agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises,
including any common areas; (ii) vacate and surrender Premises to Landlord, empty of all persons; (iii) vacate any/all parking
and/or storage space; (iv) clean and deliver Premises, as specified in paragraph C below, to Landlord in the same condition as
referenced in paragraph 10; (v) remove all debris; (vi) give written notice to Landlord of Tenant’s forwarding address; and (vii)
professionally clean premises to include but not limited to bedrooms and hallway carpet.
.
B. All alterations/improvements made by or caused to be made by Tenant, with or without Landlord’s consent, become the property
of Landlord upon termination. Landlord may charge Tenant for restoration of the Premises to the condition it was in prior to any.
alterations/improvements.
C. Right to Pre-Move-Out Inspection and Repairs: (i) After giving or receiving notice of termination of a tenancy (C.A.R. Form
NTT), or before the end of a lease, Tenant has the right to request that an inspection of the Premises take place prior to
termination of the lease or rental (C.A.R. Form NRI). If Tenant requests such an inspection, Tenant shall be given an opportunity
to remedy identified deficiencies prior to termination, consistent with the terms of this Agreement. (ii) Any repairs or alterations
made to the Premises as a result of this inspection (collectively, “Repairs”) shall be made at Tenant’s expense. Repairs may be
performed by Tenant or through others, who have adequate insurance and licenses and are approved by Landlord. The work
shall comply with applicable law, including governmental permit, inspection and approval requirements. Repairs shall be
performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood
that exact restoration of appearance or cosmetic items following all Repairs may not be possible. (iii) Tenant shall: (a) obtain
receipts for Repairs performed by others; (b) prepare a written statement indicating the Repairs performed by Tenant and the
date of such Repairs; and (c) provide copies of receipts and statements to Landlord prior to termination. Paragraph 29C does not
apply when the tenancy is terminated pursuant to California Code of Civil Procedure § 1161(2), (3) or (4).
30. BREACH OF CONTRACT; EARLY TERMINATION: In addition to any obligations established by paragraph 29, in the event of
termination by Tenant prior to completion of the original term of the Agreement, Tenant shall also be responsible for lost Rent, rental
commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord may withhold any such
amounts from Tenant’s security deposit.
31. TEMPORARY RELOCATION: Subject to local law, Tenant agrees, upon demand of Landlord, to temporarily vacate Premises for a
reasonable period, to allow for fumigation (or other methods) to control wood destroying pests or organisms, or other repairs to
Premises. Tenant agrees to comply with all instructions and requirements necessary to prepare Premises to accommodate pest
control, fumigation or other work, including bagging or storage of food and medicine, and removal of perishables and valuables.
Tenant shall only be entitled to a credit of Rent equal to the per diem Rent for the period of time Tenant is required to vacate
Premises.
32. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake,
accident or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this
Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable.
The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall
promptly repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with Tenant’s reasonable
use of Premises. If damage occurs as a result of an act of Tenant or Tenant’s guests, only Landlord shall have the right of
termination, and no reduction in Rent shall be made.
33. INSURANCE: Tenant’s or guest’s personal property and vehicles are not insured by Landlord, manager or, if applicable, HOA,
against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts of others, or any other cause. Tenant is
advised to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. Tenant shall
comply with any requirement imposed on Tenant by Landlord’s insurer to avoid: (i) an increase in Landlord’s insurance premium (or
Tenant shall pay for the increase in premium); or (ii) loss of insurance.
34. WATERBEDS: Tenant shall not use or have waterbeds on the Premises unless: (i) Tenant obtains a valid waterbed insurance policy;
(ii) Tenant increases the security deposit in an amount equal to one-half of one month’s Rent; and (iii) the bed conforms to the floor
load capacity of Premises.
Tenant's Initials
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Reviewed by
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Date
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6585 Gillis Drive
35. WAIVER: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach.
36. NOTICE: Notices may be served at the following address, or at any other location subsequently designated:
Shin
Landlord: Agents office
Tenant: Jae
14172 Blossom Hill Road
6585 Gillis Drive
Los Gatos, Ca. 95032
San Jose, CA. 95120
37. TENANT ESTOPPEL CERTIFICATE: Tenant shall execute and return a tenant estoppel certificate delivered to Tenant by Landlord or
Landlord’s agent within 3 days after its receipt. Failure to comply with this requirement shall be deemed Tenant’s acknowledgment
that the tenant estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
38. REPRESENTATIONS:
A. TENANT REPRESENTATIONS; OBLIGATIONS REGARDING OCCUPANTS; CREDIT: Tenant warrants that all statements in
Tenant’s rental application are accurate. Landlord requires all occupants 18 years of age or older and all emancipated minors to
complete a lease rental application. Tenant acknowledges this requirement and agrees to notify Landlord when any occupant of the
Premises reaches the age of 18 or becomes an emancipated minor. Tenant authorizes Landlord and Broker(s) to obtain Tenant’s
credit report periodically during the tenancy in connection with the modification or enforcement of this Agreement. Landlord may
cancel this Agreement: (i) before occupancy begins; (ii) upon disapproval of the credit report(s); or (iii) at any time, upon discovering
that information in Tenant’s application is false. A negative credit report reflecting on Tenant’s record may be submitted to a credit
reporting agency if Tenant fails to fulfill the terms of payment and other obligations under this Agreement.
B. LANDLORD REPRESENTATIONS: Landlord warrants, that unless otherwise specified in writing, Landlord is unaware of (i) any
recorded Notices of Default affecting the Premise; (ii) any delinquent amounts due under any loan secured by the Premises; and (iii)
any bankruptcy proceeding affecting the Premises.
39. MEDIATION:
A. Consistent with paragraphs B and C below, Landlord and Tenant agree to mediate any dispute or claim arising between them out
of this Agreement, or any resulting transaction, before resorting to court action. Mediation fees, if any, shall be divided equally
among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without
first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall
not be entitled to recover attorney fees, even if they would otherwise be available to that party in any such action.
B. The following matters are excluded from mediation: (i) an unlawful detainer action; (ii) the filing or enforcement of a mechanic's
lien; and (iii) any matter within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable
the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall
not constitute a waiver of the mediation provision.
C. Landlord and Tenant agree to mediate disputes or claims involving Listing Agent, Leasing Agent or property manager (“Broker”),
provided Broker shall have agreed to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to
such Broker. Any election by Broker to participate in mediation shall not result in Broker being deemed a party to this Agreement.
40. ATTORNEY FEES: In any action or proceeding arising out of this Agreement, the prevailing party between Landlord and Tenant shall
be entitled to reasonable attorney fees and costs, except as provided in paragraph 39A.
41. C.A.R. FORM: C.A.R. Form means the specific form referenced or another comparable form agreed to by the parties.
Interpreter/Translator Agreement (C.A.R. Form ITA);
42. OTHER TERMS AND CONDITIONS; SUPPLEMENTS:
Keysafe/Lockbox Addendum (C.A.R. Form KLA);
X
Lead-Based Paint and Lead-Based Paint Hazards Disclosure (C.A.R. Form FLD)
The following ATTACHED supplements are incorporated in this Agreement: See Addendum One
43. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are
incorporated in this Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement
with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral
agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full
force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in
writing. This Agreement is subject to California landlord-tenant law and shall incorporate all changes required by amendment or
successors to such law. This Agreement and any supplement, addendum or modification, including any copy, may be signed in two or
more counterparts, all of which shall constitute one and the same writing.
44. AGENCY:
A. CONFIRMATION: The following agency relationship(s) are hereby confirmed for this transaction:
Listing Agent: (Print firm name)
Realty World Trademark Properties
is the agent of (check one):
the Landlord exclusively; or X both the Landlord and Tenant.
Leasing Agent: (Print firm name)
(if not same as Listing Agent) is the agent of (check one):
the Tenant exclusively; or
the Landlord exclusively; or
both the Tenant and Landlord.
B. DISCLOSURE:
(If checked): The term of this lease exceeds one year. A disclosure regarding real estate agency relationships
(C.A.R. Form AD) has been provided to Landlord and Tenant, who each acknowledge its receipt.
45.
TENANT COMPENSATION TO BROKER: Upon execution of this Agreement, Tenant agrees to pay compensation to Broker as
specified in a separate written agreement between Tenant and Broker.
Tenant's Initials
(
)(
)
Reviewed by
)(
Date
)
6585 Gillis Drive
46.
INTERPRETER/TRANSLATOR: The terms of this Agreement have been interpreted for Tenant into the following language:
. Landlord and Tenant acknowledge receipt of
the attached interpreter/translator agreement (C.A.R. Form ITA).
47. FOREIGN LANGUAGE NEGOTIATION: If this Agreement has been negotiated by Landlord and Tenant primarily in Spanish,
Chinese, Tagalog, Korean or Vietnamese, pursuant to the California Civil Code, Tenant shall be provided a translation of this
Agreement in the language used for the negotiation.
48. OWNER COMPENSATION TO BROKER: Upon execution of this Agreement, Owner agrees to pay compensation to Broker as
specified in a separate written agreement between Owner and Broker (C.A.R. Form LCA).
49. RECEIPT: If specified in paragraph 5, Landlord or Broker, acknowledges receipt of move-in funds.
Landlord and Tenant acknowledge and agree Brokers: (a) do not guarantee the condition of the Premises; (b) cannot verify
representations made by others; (c) cannot provide legal or tax advice; (d) will not provide other advice or information that exceeds
the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as
Landlord in this Agreement, Brokers: (e) do not decide what rental rate a Tenant should pay or Landlord should accept; and (f) do
not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance and other
desired assistance from appropriate professionals.
Tenant agrees to rent the Premises on the above terms and conditions.
Tenant
Address
Telephone
Jae
Shin Date 01/09/2012
State
Zip
Melody
Shin Date 01/09/2012
State
Zip
City
Fax
Tenant
Address
Telephone
E-mail
City
Fax
E-mail
GUARANTEE: In consideration of the execution of this Agreement by and between Landlord and Tenant and for valuable
consideration, receipt of which is hereby acknowledged, the undersigned (“Guarantor”) does hereby: (i) guarantee
unconditionally to Landlord and Landlord’s agents, successors and assigns, the prompt payment of Rent or other sums that
become due pursuant to this Agreement, including any and all court costs and attorney fees included in enforcing the Agreement;
(ii) consent to any changes, modifications or alterations of any term in this Agreement agreed to by Landlord and Tenant; and (iii)
waive any right to require Landlord and/or Landlord’s agents to proceed against Tenant for any default occurring under this
Agreement before seeking to enforce this Guarantee.
Guarantor (Print Name)
Guarantor
Address
City
Telephone
Fax
E-mail
Landlord agrees to rent the Premises on the above terms and conditions.
Landlord
Landlord
Chih Hsin Wang
Karen Kung
Address
Telephone (408)823-8867
Fax
Date
State
Zip
E-mail gillis4rent@sbcglobal.net
REAL ESTATE BROKERS:
A. Real estate brokers who are not also Landlord under this Agreement are not parties to the Agreement between Landlord and
Tenant.
B. Agency relationships are confirmed in paragraph 44.
C. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Leasing Firm) and Cooperating
Broker agrees to accept: (i) the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the
Property is offered for sale or a reciprocal MLS; or (ii)
(if checked) the amount specified in a separate written agreement
between Listing Broker and Cooperating Broker.
Real Estate Broker (Listing Firm) Realty World Trademark Properties
Michael Roberts DRE Lic. #01293804
By (Agent)
Address 14172 Blossom Hill Road
City Los Gatos
Telephone (410)505-5614
Fax (408)356-8880
E-mail shortsalerx@gmail.com
Real Estate Broker (Leasing Firm)
By (Agent)
Address
Telephone
DRE Lic. #
Date 01/09/2012
State CA Zip
95032
DRE Lic. #
DRE Lic. #
City
Fax
Date
State
Zip
E-mail
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This
form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark
R
which
may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
E
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS®
525 South Virgil Avenue, Los Angeles, California 90020
Reviewed by
Date
RESIDENTIAL LISTING AGREEMENT
(Exclusive Authorization and Right to Sell)
(C.A.R. Form RLA, Revised 11/11)
(“Seller”)
1. EXCLUSIVE RIGHT TO SELL:
hereby employs and grants
(“Broker”)
beginning (date) December 28, 2012
and ending at 11:59 P.M. on (date)
(“Listing Period”)
March 1, 2012
the exclusive and irrevocable right to sell or exchange the real property in the City of
,
San Jose
County of
, Assessor's Parcel No.
,
Santa Clara
California, described as:
(“Property”).
6585 Gillis Drive
2. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that
are attached to the Property are included, and personal property items are excluded, from the purchase price.
ADDITIONAL ITEMS EXCLUDED:
.
ADDITIONAL ITEMS INCLUDED:
.
Seller intends that the above items be excluded or included in offering the Property for sale, but understands that: (i) the purchase
agreement supersedes any intention expressed above and will ultimately determine which items are excluded and included in the
sale; and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be in the purchase
agreement.
3. LISTING PRICE AND TERMS:
A. The listing price shall be:
Dollars ($
B.
).
Additional Terms:
.
4. COMPENSATION TO BROKER:
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker
individually and may be negotiable between Seller and Broker (real estate commissions include all
compensation and fees to Broker).
A.
Seller agrees to pay to Broker as compensation for services irrespective of agency relationship(s), either
percent
of the listing price (or if a purchase agreement is entered into, of the purchase price), or
$
,
AND
, as follows:
(1) If during the Listing Period, or any extension, Broker, cooperating broker, Seller or any other person procures a buyer(s) who
offers to purchase the Property on the above price and terms, or on any price or terms acceptable to Seller. (Broker is
entitled to compensation whether any escrow resulting from such offer closes during or after the expiration of the Listing
Period, or any extension).
OR (2) If within
calendar days (a) after the end of the Listing Period or any extension; or (b) after any cancellation of this
Agreement, unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the Property to
anyone (“Prospective Buyer”) or that person’s related entity: (i) who physically entered and was shown the Property during
the Listing Period or any extension by Broker or a cooperating broker; or (ii) for whom Broker or any cooperating broker
submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the Property. Seller, however,
shall have no obligation to Broker under paragraph 4A(2) unless, not later than 3 calendar days after the end of the Listing
Period or any extension or cancellation, Broker has given Seller a written notice of the names of such Prospective Buyers.
(3) If, without Broker’s prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise
transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension.
B. If completion of the sale is prevented by a party to the transaction other than Seller, then compensation due under paragraph 4A
shall be payable only if and when Seller collects damages by suit, arbitration, settlement or otherwise, and then in an amount
equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow
expenses and the expenses of collection, if any.
C. In addition, Seller agrees to pay Broker:
.
D. Seller has been advised of Broker’s policy regarding cooperation with, and the amount of compensation offered to, other brokers.
(1) Broker is authorized to cooperate with and compensate brokers participating through the multiple listing service(s)
("MLS") by offering to MLS brokers out of Broker’s compensation specified in 4A, either
percent of the
purchase price, or
.
$
(2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker’s policy.
E. Seller hereby irrevocably assigns to Broker the above compensation from Seller’s funds and proceeds in escrow. Broker may
submit this Agreement, as instructions to compensate Broker pursuant to paragraph 4A, to any escrow regarding the Property
involving Seller and a buyer, Prospective Buyer or other transferee.
F. (1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property,
.
unless specified as follows:
(2) Seller warrants that Seller has no obligation to pay compensation to any other broker regarding the Property unless the
Property is transferred to any of the following individuals or entities:
.
(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: (i) Broker is
not entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Seller in such transaction.
The copyright laws of the United States (Title 17 U.S. Code) forbid the
unauthorized reproduction of this form, or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats.
ALL RIGHTS RESERVED.
Seller's Initials (
Reviewed by
)(
)
Date
RLA REVISED 11/11 (PAGE 1 OF 4)
RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 1 OF 4)
Phone: 408.505.5614
Fax: 408.356.8880
6585 Gillis Drive
95120
Property Address: San Jose, CA
Date:
5.
OWNERSHIP, TITLE AND AUTHORITY: Seller warrants that: (i) Seller is the owner of the Property; (ii) no other persons or entities
have title to the Property; and (iii) Seller has the authority to both execute this Agreement and sell the Property. Exceptions to
.
ownership, title and authority are as follows:
6.
MULTIPLE LISTING SERVICE: All terms of the transaction, including financing, if applicable, will be provided to the selected MLS for
publication, dissemination and use by persons and entities on terms approved by the MLS. Seller acknowledges that Broker is
required to comply with all applicable MLS rules as a condition of entry of the listing into the MLS and Seller authorizes Broker to
comply with all applicable MLS rules. MLS rules require that the listing sales price be reported to the MLS. MLS rules allow MLS data
to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to the contrary. MLS rules
generally provide that residential real property and vacant lot listings be submitted to the MLS within 48 hours or some other period of
time after all necessary signatures have been obtained on the listing agreement. However, Broker will not have to submit this listing to
the MLS if, within that time, Broker submits to the MLS a form signed by Seller (C.A.R. Form SEL or the locally required form).
Information that can be excluded:
A. Internet Display;
(1) Seller can instruct Broker to have the MLS not display the Property on the Internet. Seller understands that this would mean
consumers searching for listings on the Internet may not see information about the Property in response to their search; (2) Seller
can instruct Broker to have the MLS not display the Property address on the Internet. Seller understands that this would mean
consumers searching for listings on the Internet may not see the Property’s address in response to their search.
B. Features on MLS Participant and Subscriber Websites;
(1) Seller can instruct Broker to advise the MLS that Seller does not want visitors to MLS Participant or Subscriber Websites
that display the Property listing to have (i) the ability to write comments or reviews about the Property on those sites; or (ii) the
ability to hyperlink to another site containing such comments or reviews if the hyperlink is in immediate conjunction with the
Property. Seller understands (i) that this opt-out applies only to Websites of MLS Participants and Subscribers who are real estate
broker and agent members of the MLS; (ii) that other Internet sites may or may not have the features set forth herein; and (iii) that
neither Broker nor the MLS may have the ability to control or block such features on other Internet sites. (2) Seller can instruct
Broker to advise the MLS that Seller does not want MLS Participant or Subscriber Websites that display the Property listing to
operate (i) an automated estimate of the market value of the Property; or (ii) have the ability to hyperlink to another site containing
such automated estimate of value if the hyperlink is in immediate conjunction with the Property. Seller understands (i) that this
opt-out applies only to Websites of MLS Participants and Subscribers who are real estate brokers and agent members of the MLS;
(ii) that other Internet sites may or may not have the features set forth herein; and (iii) that neither Broker nor the MLS may have
the ability to control or block such features on other Internet sites.
Seller acknowledges that for any of the above opt-out instructions to be effective, Seller must make them on a separate instruction to
Broker signed by Seller (C.A.R. Form SEL or the locally required form). Information about this listing will be provided to the MLS of
Broker’s selection unless a form instructing Broker to withhold the listing from the MLS is attached to this listing Agreement.
7. SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified in writing, Seller is unaware of: (i) any Notice of
Default recorded against the Property; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the
Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative
action, government investigation or other pending or threatened action that affects or may affect the Property or Seller’s ability to
transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker in
writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof.
8.
BROKER'S AND SELLER'S DUTIES: (a) Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of
this Agreement. Unless Seller gives Broker written instructions to the contrary, Broker is authorized to (i) order reports and
disclosures necessary, (ii) advertise and market the Property by any method and in any medium selected by Broker, including MLS
and the Internet, and, to the extent permitted by these media, control the dissemination of the information submitted to any medium;
and (iii) disclose to any real estate licensee making an inquiry the receipt of any offers on the Property and the offering price of such
offers. (b) Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Property by,
among other things, making the Property available for showing at reasonable times and referring to Broker all inquiries of any party
interested in the Property. Seller is responsible for determining at what price to list and sell the Property. Seller further agrees to
indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney fees arising from
any incorrect information supplied by Seller, or from any material facts that Seller knows but fails to disclose.
9.
DEPOSIT: Broker is authorized to accept and hold on Seller’s behalf any deposits to be applied toward the purchase price.
Seller's Initials (
Reviewed by
)(
)
Date
Untitled
6585 Gillis Drive
95120
Date:
10. AGENCY RELATIONSHIPS:
A. Disclosure: If the Property includes residential property with one-to-four dwelling units, Seller shall receive a “Disclosure
Regarding Agency Relationships” form prior to entering into this Agreement.
B. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 4F.
C. Possible Dual Agency With Buyer: Depending upon the circumstances, it may be necessary or appropriate for Broker to act as
an agent for both Seller and Buyer, exchange party, or one or more additional parties (“Buyer”). Broker shall, as soon as
practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured
directly by Broker or an associate licensee in Broker’s firm, Seller hereby consents to Broker acting as a dual agent for Seller and
such Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties for
services rendered, provided there is disclosure to all parties of such agency and compensation. Seller understands and agrees
that: (i) Broker, without the prior written consent of Seller, will not disclose to Buyer that Seller is willing to sell the Property at a
price less than the listing price; (ii) Broker, without the prior written consent of Buyer, will not disclose to Seller that Buyer is
willing to pay a price greater than the offered price; and (iii) except for (i) and (ii) above, a dual agent is obligated to disclose
known facts materially affecting the value or desirability of the Property to both parties.
D. Other Sellers: Seller understands that Broker may have or obtain listings on other properties, and that potential buyers may
consider, make offers on, or purchase through Broker, property the same as or similar to Seller’s Property. Seller consents to
Broker’s representation of sellers and buyers of other properties before, during and after the end of this Agreement.
E. Confirmation: If the Property includes residential property with one-to-four dwelling units, Broker shall confirm the agency
relationship described above, or as modified, in writing, prior to or concurrent with Seller’s execution of a purchase agreement.
11. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether
attributable to use of a keysafe/lockbox, a showing of the Property, or otherwise. Third parties, including, but not limited to, appraisers,
inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of, the interior of the Property.
Seller agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be accessible during showings of the
Property; and (ii) to obtain insurance to protect against these risks. Broker does not maintain insurance to protect Seller.
12. KEYSAFE/LOCKBOX: A keysafe/lockbox is designed to hold a key to the Property to permit access to the Property by Broker,
cooperating brokers, MLS participants, their authorized licensees and representatives, authorized inspectors, and accompanied
prospective buyers. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS® are not insurers against injury,
theft, loss, vandalism or damage attributed to the use of a keysafe/lockbox. Seller does (or if checked
does not) authorize Broker
to install a keysafe/lockbox. If Seller does not occupy the Property, Seller shall be responsible for obtaining occupant(s)’ written
permission for use of a keysafe/lockbox (C.A.R. Form KLA).
13. SIGN: Seller does (or if checked
does not) authorize Broker to install a FOR SALE/SOLD sign on the Property.
14. EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state and local anti-discrimination laws.
15. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon Seller and Seller’s successors and assigns.
16. MANAGEMENT APPROVAL: If an associate-licensee in Broker’s office (salesperson or broker-associate) enters into this Agreement
on Broker’s behalf, and Broker or Manager does not approve of its terms, Broker or Manager has the right to cancel this Agreement,
in writing, within 5 Days After its execution.
17. ADDITIONAL TERMS:
REO Advisory Listing (C.A.R. Form REOL)
Short Sale Information and Advisory (C.A.R. Form SSIA)
18. ATTORNEY FEES: In any action, proceeding or arbitration between Seller and Broker regarding the obligation to pay compensation
under this Agreement, the prevailing Seller or Broker shall be entitled to reasonable attorney fees and costs from the non-prevailing
Seller or Broker, except as provided in paragraph 20A.
19. ENTIRE AGREEMENT: All prior discussions, negotiations and agreements between the parties concerning the subject matter of this
Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their
agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of
this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. This
Agreement and any supplement, addendum or modification, including any photocopy or facsimile, may be executed in counterparts.
Seller's Initials (
Reviewed by
)(
)
Date
Untitled
6585 Gillis Drive
95120
Date:
20. DISPUTE RESOLUTION:
A. MEDIATION: Seller and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any
resulting transaction, before resorting to arbitration or court action, subject to paragraph 20B(2) below. Paragraph 20B(2) below
applies whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties
involved. If, for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to
resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled
to recover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION
PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Seller and Broker agree that any dispute or claim in law or equity arising between
them regarding the obligation to pay compensation under this Agreement, which is not settled through mediation, shall
be decided by neutral, binding arbitration, including and subject to paragraph 20B(2) below. The arbitrator shall be a
retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties
mutually agree to a different arbitrator, who shall render an award in accordance with substantive California law. The
parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other
respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil
Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. Interpretation
of this agreement to arbitrate shall be governed by the Federal Arbitration Act.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and
arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage,
or installment land sale contract as defined in California Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing
or enforcement of a mechanic’s lien; and (iv) any matter that is within the jurisdiction of a probate, small claims, or
bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of
attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and
arbitration provisions.
“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE
ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED
BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS
YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU
REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.”
“WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL
ARBITRATION.”
Seller's Initials
/
Broker's Initials
/
By signing below, Seller acknowledges that Seller has read, understands, received a copy of and agrees to the terms of this
Agreement.
Seller
Address
Telephone (408)823-8867
Chih
City
Fax
Seller
Address
Telephone
Hsin Wang Date
State
Zip
Karen Kung Date
City
Fax
State
Zip
E-mail
DRE Lic. #
Real Estate Broker (Firm) Realty World Trademark Properties
Michael Roberts DRE Lic. # 01293804
By (Agent)
Date
CA
City Los Gatos
State
Telephone (410)505-5614
Fax (408)356-8880
Zip 95032
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®(C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark
which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.
Reviewed by
Date
Untitled
SELLER'S ADVISORY
(C.A.R. Form SA, Revised 11/11)
Property Address: 6585 Gillis Drive
, San Jose, CA
("Property")
95120
1. INTRODUCTION: Selling property in California is a process that involves many steps. From start to finish, it could take anywhere
from a few weeks to many months, depending upon the condition of your Property, local market conditions and other factors. You
have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help
guide you through the process and may refer you to other professionals as needed. This advisory addresses many things you may
need to think about and do as you market your Property. Some of these things are requirements imposed upon you, either by law or
by the listing or sale contract. Others are simply practical matters that may arise during the process. Please read this document
carefully and, if you have any questions, ask your broker or appropriate legal or tax advisor for help.
2. DISCLOSURES:
A. General Disclosure Duties: You must affirmatively disclose to the buyer, in writing, any and all known facts that materially affect
the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer,
any broker, or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in its present
condition without requiring you to make any repairs. If you do not know what or how to disclose, you should consult a real estate
attorney in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make. If the
Property you are selling is a residence with one to four units except for certain subdivisions, your broker also has a duty to
conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to a buyer all adverse
material facts that the inspection reveals. If your broker discovers something that could indicate a problem, your broker must
advise the buyer.
B. Statutory Duties: (For one-to-four Residential Units):
(1) You must timely prepare and deliver to the buyer, among other things, a Real Estate Transfer Disclosure Statement ("TDS"),
and a Natural Hazard Disclosure Statement ("NHD"). You have a legal obligation to honestly and completely fill out the TDS
form in its entirety. (Many local entities or organizations have their own supplement to the TDS that you may also be asked to
complete.) The NHD is a statement indicating whether your Property is in certain designated flood, fire or earthquake/seismic
hazard zones. Third-party professional companies can help you with this task.
(2) Depending upon the age and type of construction of your Property, you may also be required to provide and, in certain cases
you can receive limited legal protection by providing, the buyer with booklets entitled "The Homeowner's Guide to Earthquake
Safety," "The Commercial Property Owner's Guide to Earthquake Safety," "Protect Your Family From Lead in Your Home" and
"Environmental Hazards: A Guide For Homeowners and Buyers." Some of these booklets may be packaged together for your
convenience. The earthquake guides ask you to answer specific questions about your Property's structure and preparedness
for an earthquake. If you are required to supply the booklet about lead, you will also be required to disclose to the buyer any
known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide informs the
buyer of common environmental hazards that may be found in properties.
(3) If you know that your property is: (i) located within one mile of a former military ordnance location; or (ii) in or affected by a
zone or district allowing manufacturing, commercial or airport use, you must disclose this to the buyer. You are also required to
make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(ies) about any
special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act, the Improvement Bond Act of 1915,
and a notice concerning the contractual assessment provided by section 5898.24 of the Streets And Highways Code
(collectively, “Special Tax Disclosures”).
(4) If the TDS, NHD, or lead, military ordnance, commercial zone or Special Tax Disclosures are provided to a buyer after you
accept that buyer's offer, the buyer will have 3 days after delivery (or 5 days if mailed) to terminate the offer, which is why it is
extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory
requirements; however, if you have actual knowledge of any of these items, you may still be required to make a disclosure as
the items can be considered material facts.
C. Death and Other Disclosures: Many buyers consider death on real property to be a material fact in the purchase of property. In
some situations, it is advisable to disclose that a death occurred or the manner of death; however, California Civil Code Section
1710.2 provides that you have no disclosure duty "where the death has occurred more than three years prior to the date the
transferee offers to purchase, lease, or rent the real property, or [regardless of the date of occurrence] that an occupant of that
property was afflicted with, or died from, Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus." This law
does not "immunize an owner or his or her agent from making an intentional misrepresentation in response to a direct inquiry from
a transferee or a prospective transferee of real property, concerning deaths on the real property."
D. Condominiums and Other Common Interest Subdivisions: If the Property is a condominium, townhouse, or other property in a
common interest subdivision, you must provide to the buyer copies of the governing documents, the most recent financial
statements distributed, and other documents required by law or contract. If you do not have a current version of these documents,
you can request them from the management of your homeowner's association. To avoid delays, you are encouraged to obtain
these documents as soon as possible, even if you have not yet entered into a purchase agreement to sell your Property.
Copyright © 1991-2011, CALIFORNIA ASSOCIATION OF REALTORS®,
INC. ALL RIGHTS RESERVED.
SA REVISED 11/11 (PAGE 1 OF 2)
Seller's Initials (
Reviewed by
)(
)
Date
SELLER'S ADVISORY (SA PAGE 1 OF 2)
Phone: 408.505.5614
Fax: 408.356.8880
6585 Gillis Drive
Property Address: San Jose, CA 95120
Date:
3. CONTRACT TERMS AND LEGAL REQUIREMENTS:
A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay for
repairs to the Property and other items. Your decision on whether or not to comply with a buyer's requests may affect your ability
to sell your Property at a specified price.
B. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price from
your sale proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency, or some other
exemption applies and is documented.
C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally
protected classes is a violation of the law.
D. Government Retrofit Standards: Unless exempt, you must comply with government retrofit standards, including, but not limited
to, installing operable smoke detectors, bracing water heaters, and providing the buyer with corresponding written statements of
compliance. Some city and county governments may impose additional retrofit standards, including, but not limited to, installing
low-flow toilets and showerheads, gas shut-off valves, tempered glass, and barriers around swimming pools and spas. You
should consult with the appropriate governmental agencies, inspectors, and other professionals to determine the retrofit
standards for your Property, the extent to which your Property complies with such standards, and the costs, if any, of compliance.
E. EPA’s LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that contractors and
maintenance professionals working in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that
their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or
painting activities affecting more than six square feet of lead-based paint in a room or more than 20 square feet of lead-based
paint on the exterior. Enforcement of the rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more
information.
F. Legal, Tax and Other Implications: Selling your Property may have legal, tax, insurance, title or other implications. You should
consult an appropriate professional for advice on these matters.
4. MARKETING CONSIDERATIONS:
A. Pre-Sale Considerations: You should consider doing what you can to prepare your Property for sale, such as correcting any
defects or other problems. Many people are not aware of defects in or problems with their own Property. One way to make
yourself aware is to obtain professional home inspections prior to sale, both generally, and for wood destroying pests and
organisms, such as termites. By doing this, you then have an opportunity to make repairs before your Property is offered for sale,
which may enhance its marketability. Keep in mind, however, that any problems revealed by such inspection reports or repairs
that have been made, whether or not disclosed in a report, should be disclosed to the buyer (see “Disclosures” in paragraph 2
above). This is true even if the buyer gets his/her own inspections covering the same area. Obtaining inspection reports may also
assist you during contract negotiations with the buyer. For example, if a pest control report has both a primary and secondary
recommendation for clearance, you may want to specify in the purchase agreement those recommendations, if any, for which
you are going to pay.
B. Post-Sale Protections: It is often helpful to provide the buyer with, among other things, a home protection/warranty plan for the
Property. These plans will generally cover problems, not deemed to be pre-existing, that occur after your sale is completed. In the
event something does go wrong after the sale, and it is covered by the plan, the buyer may be able to resolve the concern by
contacting the home protection company.
C. Safety Precautions: Advertising and marketing your Property for sale, including, but not limited to, holding open houses, placing
a keysafe/lockbox, erecting FOR SALE signs, and disseminating photographs, video tapes, and virtual tours of the premises,
may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain insurance, and to take
any and all possible precautions and safeguards to protect yourself, other occupants, visitors, your Property, and your
belongings, including cash, jewelry, drugs, firearms and other valuables located on the Property, against injury, theft, loss,
vandalism, damage, and other harm.
D. Expenses: You are advised that you, not the Broker, are responsible for the fees and costs, if any, to comply with your duties
and obligations to the buyer of your Property.
5. OTHER ITEMS:
Seller has read and understands this Advisory. By signing below, Seller acknowledges receipt of a copy of this document.
Seller
Print Name Chih
Date
Hsin Wang
Seller
Print Name Karen Kung
Date
Real Estate Broker Realty World Trademark Properties
By
(Agent) Michael Roberts
City Los Gatos
State
Telephone (410)505-5614
Fax (408)356-8880
CA
Zip 95032
Date
Reviewed by
SA REVISED 11/11 (PAGE 2 OF 2)
SELLER'S ADVISORY (SA PAGE 2 OF 2)
Untitled
LEASE LISTING AGREEMENT
EXCLUSIVE AUTHORIZATION TO LEASE OR RENT
(C.A.R. Form LL, Revised 4/11)
1. EXCLUSIVE RIGHT TO LEASE:
hereby employs and grants
beginning (date)
and ending at 11:59 P.M. on (date)
December 28, 2012
March 1, 2012
the exclusive and irrevocable right to lease or rent the real property in the City of
San Jose
County of
, California, described as
Santa Clara
6585 Gillis Drive
(“Owner”)
(“Broker”)
(“Listing Period”)
,
(“Premises”).
95120
2. LISTING TERMS:
Three Thousand, Seven Hundred Twenty-Five
A. RENT AMOUNT:
Dollars $ 3,725.00
per
B. SECURITY DEPOSIT: $3,725.00
C. TYPE OF TENANCY: (Check all that apply):
Month-to-month;
One year X Other Lease
D. ITEMS INCLUDED IN LEASE/RENTAL: All fixtures and fittings attached to the Premises and the following items of personal property:
E. ITEMS EXCLUDED FROM LEASE/RENTAL:
F. ADDITIONAL TERMS:
Month
.
.
Garage/Carport;
3. COMPENSATION: FLAT FEE
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker
individually and may be negotiable between Owner and Broker (real estate commissions include all compensation
and fees to Broker).
A. Owner agrees to pay to Broker as compensation for services, irrespective of agency relationship(s):
(1) For fixed-term leases:
(a) Either (i)
percent of the total rent for the term specified in paragraph 2 (or if a fixed term lease is executed, of the total
base payments due under the lease); or (ii) X
;
$1000.00 ($500 paid balance = $500)
(b) Owner agrees to pay Broker additional compensation of
,
if a fixed term lease is executed and is extended or renewed. Payment is due upon such extension or renewal.
(2) For month-to-month rental: either (i)
percent of
; or (ii)
.
(3) The following terms apply whether the tenancy is for a fixed term or month-to-month:
(a) If during the Listing Period, or any extension Broker, cooperating broker or any other person procures a Tenant who offers to lease/rent the
Premises on the above amount and terms, or on any amount and terms acceptable to Owner. (Broker is entitled to compensation whether
any tenancy resulting from such offer begins during or after the expiration of the Listing Period.)
(b) If Owner, within
calendar days after the end of the Listing Period or any extension thereof, enters into a contract to transfer,
90
lease or rent the Premises to anyone (“Prospective Transferee”) or that person’s related entity: (i) who physically entered and was shown the
Premises during the Listing Period or any extension thereof by Broker or a cooperating broker; or (ii) for whom Broker or any cooperating
broker submitted to Owner a signed, written offer to lease or rent the Premises. Owner, however, shall have no obligation to Broker under
this subparagraph 3A(3)(b) unless, not later than 5 calendar days after the end of the Listing Period or any extension, Broker has given
Owner a written notice of the names of such Prospective Transferees.
(c) If, without Broker’s prior written consent, the Premises are withdrawn from lease/rental, are leased, rented, or otherwise transferred, or made
unmarketable by a voluntary act of Owner during the Listing Period, or any extension.
B. If commencement of the lease or rental is prevented by a party to the transaction other than Owner, then compensation due under paragraph 3A
shall be payable only if and when Owner collects damages by suit, arbitration, settlement or otherwise, and then in an amount equal to the lesser of
one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection, if any.
C. In addition, Owner agrees to pay:
.
D. Broker may retain compensation due from any Tenant payments collected by Broker.
E. Owner agrees to pay Broker if Tenant directly or indirectly acquires, or enters into an agreement to acquire title to Premises or any part thereof,
whether by sale, exchange or otherwise, during the term or any extension of tenancy, compensation equal to
percent of the selling
price or total consideration in said transfer, whichever is greater. Payment is due upon Tenant's direct or indirect acquisition of any legal or equitable
interest in the Premises and, if there is an escrow, shall be through escrow.
F. Broker is authorized to cooperate with and compensate other brokers in any manner acceptable to Broker.
G. (1) Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the lease or rental of Premises unless the
Premises are leased or rented to: No Broker Identified
.
(2) If Premises are leased or rented to anyone listed in 3G(1) during the time Owner is obligated to compensate another broker: (i) Broker is not
entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Owner with respect to such transaction.
4. TENANT PAYMENTS: Broker is authorized to accept and hold from a prospective Tenant, a deposit to be
held uncashed or
placed in Broker's trust account. Upon execution of a fixed term or month-to-month lease, payments received from Tenant shall be given to Owner or
X delivered to owner within 24 hours
.
LL REVISED 4/11 (PAGE 1 OF 3)
Owner acknowledges receipt of a copy of this page.
Owner's Initials (
) (
)
Reviewed by
Date
LEASE LISTING AGREEMENT (LL PAGE 1 OF 3)
Phone: 408.505.5614
Fax: 408.356.8880
6585 Gillis Drive
Date: December 28, 2011
5. KEYSAFE/LOCKBOX:
(If checked) Owner authorizes the use of a keysafe/lockbox to allow entry into the Premises and agrees to sign a
keysafe/lockbox addendum (C.A.R. Form KLA).
6. SIGN: (If checked) X Owner authorizes Broker to install a FOR LEASE sign on the Premises.
7. MULTIPLE LISTING SERVICE: Information about this listing will (or
will not) be provided to a multiple listing service(s) (“MLS”) of Broker’s
selection. All terms of the transaction will be provided to the selected MLS for publication, dissemination and use by persons and entities on terms
approved by the MLS. Seller authorizes Broker to comply with all applicable MLS rules. MLS rules allow MLS data to be made available by the MLS to
additional Internet sites unless Broker gives the MLS instructions to the contrary.
8. SECURITY AND INSURANCE: Broker is not responsible for loss of or damage to personal or real property, or person, whether attributable to use of a
keysafe/lockbox, a showing of the Premises, or otherwise. Third parties, including, but not limited to, inspectors, brokers and prospective tenants, may
have access to, and take videos and photographs of, the interior of the Premises. Owner agrees: (i) to take reasonable precautions to safegaurd and
protect valuables that might be accessible during showings of the Premises; and (ii) to obtain insurance to protect against these risks. Broker does not
maintain insurance to protect Owner.
9. OWNERSHIP, TITLE AND AUTHORITY: Owner warrants that: (i) Owner is the legal owner of the Property; (ii) no other persons or entities have title to
the Property; and (iii) Owner has the authority to both execute this contract and lease or rent the Property. Exceptions to ownership, title and authority:
.
10. LEAD-BASED PAINT DISCLOSURE: The Premises X were
were not constructed prior to 1978. If the Premises were constructed prior to 1978,
Owner is required to complete a federally mandated and approved lead-based paint disclosure form and pamphlet, which shall be given to Tenant prior
to or upon execution of a lease or rental agreement.
11. OWNER REPRESENTATIONS: Owner represents that, unless otherwise specified in writing, Owner is unaware of: (i) any recorded Notice of Default
affecting the Premises; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the Premises; (iii) any bankruptcy,
insolvency or similar proceeding affecting the Premises; (iv) any litigation, arbitration, administrative action, government investigation, or other pending
or threatened action that does or may affect the Premises or Owner’s ability to transfer it; and (v) any current, pending or proposed special assessments
affecting the Premises. Owner shall promptly notify Broker in writing if Owner becomes aware of any of these items during the Listing Period or any
extension thereof.
12. TAX WITHHOLDING: If Owner is not a California Resident or a corporation or LLC qualified to conduct business in California, Owner authorizes Broker
to withhold and transmit to California Franchise Tax Board ("FTB") 7% of the GROSS payments to Owner that exceed $1,000 received by Broker,
unless Owner completes and transmits to Broker FTB form 589, nonresident reduced withholding request, FTB form 588, nonresident withholding
waiver, or FTB form 590, withholding exemption certificate.
13. BROKER’S AND OWNER’S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless
Owner gives Broker written instructions to the contrary, Broker is authorized to advertise and market the Premises in any medium, selected by Broker
including MLS and the Internet and, to the extent permitted by these media, including MLS, control the dissemination of the information submitted to any
medium. Owner agrees to consider offers presented by Broker and to act in good faith to accomplish the lease or rental of the Premises by, among
other things, making the Premises available for showing at reasonable times and referring to Broker all inquiries of any party interested in the Premises.
Owner is responsible for determining at what price and terms to list and lease or rent the Premises. Owner further agrees, regardless of
responsibility, to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney's fees arising from
any incorrect information supplied by Owner, whether contained in any document, omitted therefrom or otherwise, or from any material facts
that Owner knows but fails to disclose.
14. AGENCY RELATIONSHIPS:
A. Disclosure: If the Premises includes residential property with one to four dwelling units, and the listing is for a tenancy in excess of one year,
Owner acknowledges receipt of the “Disclosure Regarding Agency Relationships” form (C.A.R. Form AD).
B. Owner Representation: Broker shall represent Owner in any resulting transaction, except as specified in paragraph 3G.
C. Possible Dual Agency With Tenant: Depending upon the circumstances, it may be necessary or appropriate for Broker to act as an agent for both
Owner and Tenant. Broker shall, as soon as practicable, disclose to Owner any election to act as a dual agent representing both Owner and
Tenant. If a Tenant is procured directly by Broker or an associate licensee in Broker’s firm, Owner hereby consents to Broker acting as a dual agent
for Owner and such Tenant.
D. Other Owners: Owner understands that Broker may have or obtain listings on other properties and that potential tenants may consider, make offers
on, or lease or rent through Broker, premises the same as or similar to Owner’s Premises. Owner consents to Broker’s representation of owners
and tenants of other properties before, during and after the end of this Agreement.
E. Confirmation: If the Premises includes residential property with one to four dwelling units, and the agreed-upon lease is for a tenancy in excess of
one year, Broker shall confirm the agency relationship described above, or as modified, in writing, prior to or coincident with Owner’s execution of
such lease.
15. EQUAL HOUSING OPPORTUNITY: The Premises is offered in compliance with federal, state and local anti-discrimination laws.
16. ATTORNEY'S FEES: In any action, proceeding or arbitration between Owner and Broker regarding the obligation to pay compensation under this
Agreement, the prevailing Owner or Broker shall be entitled to reasonable attorney's fees and costs from the non-prevailing Owner or Broker, except as
provided in paragraph 20A.
17. ADDITIONAL TERMS:
18. MANAGEMENT APPROVAL: If a salesperson or broker-associate enters this Agreement on Broker’s behalf, and Broker/Manager does not approve of
its terms, Broker/Manager has the right to cancel this Agreement, in writing, within 5 calendar Days After its execution.
19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon Owner and Owner’s successors and assigns.
20. DISPUTE RESOLUTION:
A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction,
before resorting to arbitration or court action. Paragraph 20B(2) below applies whether or not the Arbitration provision is initialed. Mediation fees, if
Owner acknowledges receipt of a copy of this page.
Owner's Initials (
) (
)
Reviewed by
Date
Untitled
6585 Gillis Drive
Date: December 28, 2011
any, shall be divided equally among the parties involved. If, for any, dispute or claim to which this paragraph applies, any party commences an
action without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall
not be entitled to recover attorney's fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION
PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Owner and Broker agree that any dispute or claim in law or equity arising between them regarding the
obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by neutral, binding
arbitration, including and subject to paragraph 19B(2) below. The arbitrator shall be a retired judge or justice, or an attorney with at least
5 years of residential real estate law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in
accordance with substantive California law. The parties shall have the right to discovery in accordance with Code of Civil Procedure §
1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil
Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. Interpretation of this agreement
to arbitrate shall be governed by the Federal Arbitration Act.
(2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from mediation and arbitration: (i) a judicial
or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined
in Civil Code § 2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic’s lien; and (iv) any matter that is within
the jurisdiction of a probate, small claims, or bankruptcy court. The filing of a court action to enable the recording of a notice of pending
action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and
arbitration provisions.
“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.”
“WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT
OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL
ARBITRATION.”
Owner's Initials
/
Broker's Initials
/
21. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the parties are incorporated in this
Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and
may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be
ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be
extended, amended, modified, altered or changed except in writing. This Agreement and any supplement, addendum or modification, including any
copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.
Owner acknowledges Owner has read, understands, received a copy of and agrees to the terms of this Agreement.
Owner
Owner Chih
Date
Hsin Wang
Print Name
Address
Telephone (408)823-8867
City
Fax
State
Owner
Owner Karen Kung
Zip
Date
Print Name
Address
Telephone
City
Fax
State
Zip
E-mail
Real Estate Broker (Firm) Realty World Trademark Properties
DRE Lic. #
By (Agent)
Michael Roberts DRE Lic. # 01293804 Date 12/28/2011
Zip 95032
City Los Gatos
State
CA
Telephone (410)505-5614
Fax (408)356-8880
Reviewed by
Date
Untitled
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(Listing Firm to Seller)
(As required by the Civil Code)
(C.A.R. Form AD, Revised 11/09)
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency
relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the
following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the
diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the
other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by
agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller
will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You
should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read
its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A
SEPARATE PAGE).
Buyer
Seller X Landlord
Tenant
Date
Chih
Buyer
Agent
Seller
Landlord
Hsin Wang
Tenant
Karen Kung
Date 12/26/2011
DRE Lic. #
Real Estate Broker (Firm)
By
DRE Lic. # 01293804
(Salesperson or Broker-Associate) Michael Roberts
Date 12/26/2011
AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14):
• When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a
different AD form signed by Buyer/Tenant.
• When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by
Seller/Landlord and (ii) the Buyer’s/Tenant’s Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form
presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here:
(SELLER/LANDLORD: DO NOT SIGN HERE)
(SELLER/LANDLORD: DO NOT SIGN HERE)
Seller/Landlord
Date
Seller/Landlord
Date
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means,
including facsimile or computerized formats. Copyright © 1991-2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
Reviewed by
Date
AD REVISED 11/09 (PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2)
Phone: 408.505.5614
Fax: 408.356.8880
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ON THE FRONT)
2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is
licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under
whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or
salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed
under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to
function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her
associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a
principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c)
"Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an
agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property
transaction. "Buyer" includes vendee or lessee. (d) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both
the seller and the buyer in a real property transaction. (e) "Listing agreement" means a contract between an owner of real property and an agent, by which
the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real
property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell
the real property through the listing agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is
willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the
contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section
761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and
mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.
(k) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that
transaction, and includes a listing or an offer to purchase. (l) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to
the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the
meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property
transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property
of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agent" means a listing agent
who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who
locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (o) "Subagent"
means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However,
"subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.
2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in
Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as
provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the
listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to
purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent
does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and
acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by
certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling
agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to
purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the
selling agent receives the offer to purchase from the buyer.
2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an
associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal.
2079.16 Reproduced on Page 1 of this AD form.
2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction
exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be
confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent
prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to
the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer
and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the
seller and the listing agent prior to or coincident with the execution of that contract by the seller.
(c) The confirmation required by subdivisions (a) and (b) shall be in the following form.
(DO NOT COMPLETE, SAMPLE ONLY)
the seller exclusively; or
both the buyer and seller.
the buyer exclusively; or
(Name of Listing Agent)
(Name of Selling Agent if not the same as the Listing Agent)
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14.
2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in
the transaction.
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or
commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of
any such agreement shall not necessarily be determinative of a particular relationship.
2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not
specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express
written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the
express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to
confidential information other than price.
2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of
itself, make that agent a dual agent.
2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the
act which is the object of the agency with the written consent of the parties to the agency relationship.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,
subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with
acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
Buyer's/Tenant's Initials (
)(
)
Seller's/Landlord Initials (
)(
)
Reviewed by
Date
Untitled
NOTICE OF OBLIGATION TO PAY RENTAL OR
LEASE PAYMENTS IN CASH, MONEY ORDER,
CASHIER'S CHECK
(C.A.R. Form NPC, Revised 4/11)
To:
Jae
Shin, Melody
Shin
and any other occupant(s) in possession of the premises located at:
(Street Address)
(Unit/Apartment #)
6585 Gillis Drive
(City)
(State) CA (Zip Code)
San Jose
95120
("Tenant")
("Premises").
1. THE TERMS OF YOUR TENANCY IN THE PREMISES ARE CHANGED AS FOLLOWS:
Rent for the
one
two
three months beginning on
shall be paid by
cashier's check (or if checked,
money order,
cash).
2. The reason for the cash, money order, or cashier's check payment requirement is that your
previous rent payment was dishonored because of either insufficient funds or because of a stop
payment order.
3. A copy of the dishonored check is attached to this Notice.
4. If the lease or rental agreement does not require Tenant to pay in cash, money order, or check in
the event of a dishonored check, then the first rental period for which a cash, money order, or
cashier’s check payment is required shall be for that rental period beginning at least 30 days after
the date of this Notice.
5. All other terms and conditions of your tenancy shall remain unchanged.
Landlord (Owner or Agent)
Date
Address
City
Telephone
Fax
State
E-mail
6. DELIVERY OF NOTICE/PROOF OF SERVICE:
This Notice was served by
in the following manner: (if mailed, a copy was mailed at
A.
B.
C.
D.
Zip
, on
(Date)
(Location))
Personal service. A copy of the Notice was personally delivered to the above named Tenant.
Substituted service. A copy of the Notice was left with a person of suitable age and discretion at
the Tenant's residence or usual place of business and a copy was mailed to the Tenant at the
Premises.
Post and mail. A copy of the Notice was affixed to a conspicuous place on the Premises and a
copy was mailed to the Tenant at the Premises.
Mail. This Notice was mailed to Tenant at the Premises.
(Signature of person serving Notice)
(Date)
(Print Name)
(Keep a copy for your records.)
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other
means, including facsimile or computerized formats. Copyright © 2011, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY
OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
Reviewed by
Date
NPC REVISED 4/11 (PAGE 1 OF 1)
NOTICE OF OBLIGATION TO PAY RENTAL OR LEASE PAYMENTS IN CASH, MONEY ORDER, CASHIER'S CHECK (NPC PAGE 1 OF 1)
Phone: 408.505.5614
Fax: 408.356.8880
ADDENDUM
No. ONE
(C.A.R. Form ADM, Revised 11/11)
The following terms and conditions are hereby incorporated in and made a part of the:
Residential Purchase Agreement,
Business Purchase Agreement, X Residential Lease or Month-to-Month Rental
Manufactured Home Purchase Agreement,
Agreement,
Vacant Land Purchase Agreement,
Residential Income Property Purchase Agreement,
Commercial Property
Purchase Agreement,
Residential Listing Agreement,
Buyer Representation Agreement,
Other
,
January 10, 2012
6585 Gillis Drive
dated
, on property known as
,
San Jose, CA. 95120
Jae and Melody Shin
in which
is referred to as ("Buyer/Tenant/Broker")
and
is referred to as ("Seller/Landlord/Broker").
1.c. refrigerator, window coverings/blinds, pool solar bubble blanket, patio table &
chairs and umbrella base.
9. Tenant agrees to reimburse or pay in advance, to landlord, monthly fee for existing
Residential Garbage Service. This fee is currently appx. $55.00 per month. Tenant will
pay this service fee as a seperate item upon notice from landlord for the term of the
lease. TV and internet services and equipment are the responsibility of and to be paid by
tenant.
Tenant acknowledges responsibility to make any necessary small repairs of $50.00 or less.
42. Supplement - Tenant shall obtain personal liability insurance to cover any claim or
action resulting from any accident or personal injury occurring on the Premises. Tenant
shall indemnify Landlord against any claim made against Landlord arising from any claim or
action relating to any accident or personal injury occurring on the Premises or personal
property on the Premises. Landlord shall have no obligation to maintain any insurance for
the benefit of Tenant or Tenant’s guests.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Date
Date
Buyer/Tenant
Seller/Landlord
Jae
Shin
Buyer/Tenant
Chih
Hsin Wang
Seller/Landlord
Melody
Shin
Karen Kung
Broker
Broker
By
By
Michael Roberts
including facsimile or computerized formats. Copyright© 1986-2011, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
ADM REVISED 11/11 (PAGE 1 OF 1)
Reviewed by
Date
ADDENDUM (ADM PAGE 1 OF 1)
Phone: 408.505.5614
Fax: 408.356.8880
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS
DISCLOSURE, ACKNOWLEDGMENT AND ADDENDUM
For Pre-1978 Housing Sales, Leases, or Rentals
(C.A.R. Form FLD, Revised 11/10)
The following terms and conditions are hereby incorporated in and made a part of the:
California Residential
Purchase Agreement, X Residential Lease or Month-to-Month Rental Agreement, or
Other:
, dated
, on property known as:
("Property") in
6585 Gillis Drive , San Jose, CA 95120
Jae and Melody Shin
which
is referred to as Buyer or
Tenant and
is referred to as Seller or
Landlord.
LEAD WARNING STATEMENT (SALE OR PURCHASE) Every purchaser of any interest in residential real property on
which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from
lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may
produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems
and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in
residential real property is required to provide the buyer with any information on lead-based paint hazards from risk
assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk
assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
LEAD WARNING STATEMENT (LEASE OR RENTAL) Housing built before 1978 may contain lead-based paint. Lead
from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to
young children and pregnant women. Before renting pre-1978 housing, lessors must disclose the presence of lead-based
paint and/or lead-based paint hazards in the dwelling. Lessees must also receive federally approved pamphlet on lead
poisoning prevention.
EPA’S LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requires that
contractors and maintenance professionals working in pre-1978 housing, child care facilities, and schools with
lead-based paint be certified; that their employees be trained; and that they follow protective work practice
standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of
lead-based paint in a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the
rule begins October 1, 2010. See the EPA website at www.epa.gov/lead for more information.
1. SELLER'S OR LANDLORD'S DISCLOSURE
I (we) have no knowledge of lead-based paint and/or lead-based paint hazards in the housing other than the following:
I (we) have no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing other
than the following, which, previously or as an attachment to this addendum have been provided to Buyer or Tenant:
I (we), previously or as an attachment to this addendum, have provided Buyer or Tenant with the pamphlet “Protect Your
Family From Lead In Your Home” or an equivalent pamphlet approved for use in the State such as “The Homeowner’s
Guide to Environmental Hazards and Earthquake Safety.”
For Sales Transactions Only: Buyer has 10 days, unless otherwise agreed in the real estate purchase contract, to
conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information
provided is true and correct.
Seller or Landlord Chih
Hsin Wang
Date
Seller or Landlord Karen Kung
The copyright laws of the United States (Title 17 U.S. Code) forbid
the unauthorized reproduction of this form, or any portion thereof,
by photocopy machine or any other means, including facsimile or
computerized formats. Copyright © 1996-2010, CALIFORNIA
ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
FLD REVISED 11/10 (PAGE 1 OF 2)
Date
Buyer's Initials (
Reviewed by
)(
)
Date
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (FLD PAGE 1 OF 2)
Phone: 408.505.5614
Fax: 408.356.8880
6585 Gillis Drive
95120
Date
2. LISTING AGENT'S ACKNOWLEDGMENT
Agent has informed Seller or Landlord of Seller's or Landlord's obligations under §42 U.S.C. 4852d and is aware of
Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is
true and correct.
By
(Please Print) Agent (Broker representing Seller or Landlord)
Associate-Licensee or Broker Signature
Michael Roberts
Date
3. BUYER'S OR TENANT'S ACKNOWLEDGMENT
I (we) have received copies of all information listed, if any, in 1 above and the pamphlet “Protect Your Family From Lead
In Your Home” or an equivalent pamphlet approved for use in the State such as “The Homeowner’s Guide to
Environmental Hazards and Earthquake Safety.” If delivery of any of the disclosures or pamphlet referenced in
paragraph 1 above occurs after Acceptance of an offer to purchase, Buyer has a right to cancel pursuant to the
purchase contract. If you wish to cancel, you must act within the prescribed period.
For Sales Transactions Only: Buyer acknowledges the right for 10 days, unless otherwise agreed in the real estate
purchase contract, to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based
paint hazards; OR, (if checked)
Buyer waives the right to conduct a risk assessment or inspection for the presence
of lead-based paint and/or lead-based paint hazards.
I (we) have reviewed the information above and certify, to the best of my (our) knowledge, that the information
provided is true and correct.
Buyer or Tenant
Date
Buyer or Tenant
Date
4. COOPERATING AGENT'S ACKNOWLEDGMENT
Agent has informed Seller or Landlord, through the Listing Agent if the property is listed, of Seller's or Landlord's
obligations under §42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance.
I have reviewed the information above and certify, to the best of my knowledge, that the information provided is
true and correct.
Agent (Broker obtaining the Offer)
By
Associate-Licensee or Broker Signature
Date
Reviewed by
Date
FLD REVISED 11/10 (PAGE 2 OF 2)
LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE (FLD PAGE 2 OF 2)
DISCLOSURE REGARDING
REAL ESTATE AGENCY RELATIONSHIP
(Selling Firm to Buyer)
(As required by the Civil Code)
(C.A.R. Form AD, Revised 11/09)
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency
relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the
other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by
agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
diligent attention and observation of, the parties.
An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set
forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a
transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller
will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You
should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person
qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read
its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction.
This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully.
I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A
SEPARATE PAGE).
Buyer
Seller
Landlord
Tenant
Date
Jae
Buyer
Seller
Landlord
Shin
Tenant
Date
Melody
Shin
Agent
DRE Lic. #
Real Estate Broker (Firm)
By
DRE Lic. #
Date
(Salesperson or Broker-Associate)
AGENCY DISCLOSURE COMPLIANCE (Civil Code §2079.14):
• When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Seller/Landlord and a
different AD form signed by Buyer/Tenant.
• When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by
Seller/Landlord and (ii) the Buyer’s/Tenant’s Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form
presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here:
Seller/Landlord
Chih
Date
Hsin Wang
Seller/Landlord
Date
Karen Kung
Reviewed by
Date
Phone: 408.505.5614
Fax: 408.356.8880
CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 (2079.16 APPEARS ON THE FRONT)
2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) "Agent" means a person acting under provisions of title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is
licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under
whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or
salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed
under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to
function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her
associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a
principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c)
"Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an
agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property
transaction. "Buyer" includes vendee or lessee. (d) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both
the seller and the buyer in a real property transaction. (e) "Listing agreement" means a contract between an owner of real property and an agent, by which
the agent has been authorized to sell the real property or to find or obtain a buyer. (f) "Listing agent" means a person who has obtained a listing of real
property to act as an agent for compensation. (g) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell
the real property through the listing agent. (h) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is
willing to buy the real property. (i) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent which becomes the
contract for the sale of the real property upon acceptance by the seller. (j) "Real property" means any estate specified by subdivision (1) or (2) of Section
761 in property which constitutes or is improved with one to four dwelling units, any leasehold in this type of property exceeding one year's duration, and
mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code.
(k) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that
transaction, and includes a listing or an offer to purchase. (l) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to
the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the
meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) "Seller" means the transferor in a real property
transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property
of which he or she is the owner from an agent on behalf of another. "Seller" includes both a vendor and a lessor. (n) "Selling agent" means a listing agent
who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who
locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (o) "Subagent"
means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However,
"subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.
2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in
Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as
provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the
listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to
purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent
does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and
acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by
certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling
agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to
purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the
selling agent receives the offer to purchase from the buyer.
2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an
associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal.
2079.16 Reproduced on Page 1 of this AD form.
2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction
exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be
confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent
prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to
the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer
and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the
seller and the listing agent prior to or coincident with the execution of that contract by the seller.
(c) The confirmation required by subdivisions (a) and (b) shall be in the following form.
the buyer exclusively; or
(Name of Listing Agent)
(Name of Selling Agent if not the same as the Listing Agent)
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14.
2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in
the transaction.
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a
particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or
commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of
any such agreement shall not necessarily be determinative of a particular relationship.
2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not
specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express
written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the
express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to
confidential information other than price.
2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of
itself, make that agent a dual agent.
2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the
act which is the object of the agency with the written consent of the parties to the agency relationship.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,
subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with
acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
Buyer's/Tenant's Initials (
)(
)
Seller's/Landlord Initials (
)(
)
Reviewed by
Date
Untitled
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM
(C.A.R. Form LRM, 4/05)
The following terms and conditions are hereby incorporated in and made a part of the X Residential Lease or Month-to-Month
Rental Agreement, other
,
dated
, on property located at (Street Address) 6585 Gillis Drive
CA
(Unit/Apartment)
(City) San Jose
(State)
(Zip Code) 95120
(“Premises”),
Jae
Shin,
Melody
Shin
in which
is referred to as
“Tenant” and
is referred to as
“Landlord” (the term “Landlord” includes Owner and agent).
MOLD AND VENTILATION NOTIFICATION AND AGREEMENT: Except as may be noted at the time of Tenant’s move in
inspection, Tenant agrees that the Premises is being delivered free of known damp or wet building materials (“mold”) or
mildew contamination. (If checked, the Premises was previously treated for elevated levels of mold that were detected.)
Tenant acknowledges and agrees that (i) mold can grow if the Premises is not properly maintained; (ii) moisture may
accumulate inside the Premises if it is not regularly aired out, especially in coastal communities; (iii) if moisture is allowed to
accumulate, it can lead to the growth of mold; and (iv) mold may grow even in a small amount of moisture. Tenant further
acknowledges and agrees that Tenant has a responsibility to maintain the Premises in order to inhibit mold growth and that
Tenant’s agreement to do so is part of Tenant’s material consideration in Landlord’s agreement to rent the Premises to
Tenant. Accordingly, Tenant agrees to:
1. Maintain the Premises free of dirt, debris and moisture that can harbor mold;
2. Clean any mildew or mold that appears with an appropriate cleaner designed to kill mold;
3. Clean and dry any visible moisture on windows, walls and other surfaces, including personal property as quickly as
possible;
4. Use reasonable care to close all windows and other openings in the Premises to prevent water from entering the
Premises;
5. Use exhaust fans, if any, in the bathroom(s) and kitchen while using those facilities and notify Landlord of any
inoperative exhaust fans;
6. Immediately notify Landlord of any water intrusion, including but not limited to, roof or plumbing leaks, drips or
“sweating pipes”;
7. Immediately notify Landlord of overflows from bathroom, kitchen or laundry facilities;
8. Immediately notify Landlord of any significant mold growth on surfaces in the Premises;
9. Allow Landlord, with appropriate notice, to enter the Premises to make inspections regarding mold and ventilation;
and
10. Release, indemnify, hold harmless and forever discharge Landlord and Landlord’s employees, agents, successors
and assigns from any and all claims, liabilities or causes of action of any kind that Tenant, members of Tenant’s
household or Tenant’s guests or invitees may have at any time against Landlord or Landlord’s agents resulting from
the presence of mold due to Tenant’s failure to comply with this Lease/Rental Mold and Ventilation Addendum.
Tenant (Signature)
(Print Name) Jae
Date
Shin
Tenant (Signature)
(Print Name) Melody
Seller/
Date
Shin
Landlord
(Print Name) Chih
Date
Hsin Wang, Karen Kung
LRM 4/05 (PAGE 1 OF 1)
Buyer's Initials (
Seller's Initials (
)(
)(
Reviewed by
Date
)
)
LEASE/RENTAL MOLD AND VENTILATION ADDENDUM (LRM PAGE 1 OF 1)
Phone: 408.505.5614
Fax: 408.356.8880
NOTICE OF ENTRY
(C.A.R. Form NOE, 11/11)
Shin, Melody
Shin
To: Jae
and any other occupant(s) in possession of the premises located at: 6585 Gillis Drive
(Street Address)
95120
San Jose
CA
(City)
(State)
(“Tenant”)
(Unit/Apartment #)
(Zip Code) (“Premises”).
Other notice address if different from Premises above:
.
Notice to the above-named person(s) and any other occupants of the above-referenced Premises:
1. DATE AND TIME OF ENTRY:
YOU ARE HEREBY NOTIFIED that, pursuant to California Civil Code §1954, the Landlord will be entering the
July 2nd 2012
11:00am
Premises (during normal business hours) on
at
,
which is at least 24 HOURS from delivery of this Notice or, if mailed, is at least 6 DAYS from the Date of
mailing this Notice.
2. PURPOSE OF ENTRY: The entry is for the following purpose(s):
A.
To make the following necessary or agreed repairs:
.
B.
To supply the following necessary or agreed services:
.
C.
To show the Premises to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
To install/test/repair/maintain smoke detectors. California Health and Safety Code §13113.7 provides that the
D.
owner or the owner's agent may enter a dwelling for this purpose.
To ensure that the water heater is properly braced, anchored, or strapped to resist falling in horizontal
displacement. California Health and Safety Code §19211 provides that the owner or the owner's agent may
enter the dwelling for this purpose.
To install/test/repair/maintain carbon monoxide devices. California Health and Safety Code §17926.1 provides
that the owner or the owner’s agent may enter a dwelling for this purpose.
For general condition inspection
X
E.
Landlord
Date January 27, 2012
(Owner or Agent) Chih Hsin Wang, Karen Kung
Address
City
State
Zip
Telephone
Fax
E-mail
3. DELIVERY OF NOTICE/PROOF OF SERVICE:
Michael Roberts
January 27, 2012
This Notice was served by
, on
(date)
in the following manner: (if mailed, a copy was mailed at
(Location))
A. X
B.
Substituted service. A copy of the Notice was left with a person of suitable age and discretion at the
Tenant's residence or usual place of business and a copy was mailed to the Tenant at the Premises.
C.
Copy left at Premises. A copy of the Notice was left on, near or under the usual entry door of the Premises.
D.
Mail. This Notice was mailed to Tenant at the Premises.
January 27, 2012
(Signature of person serving Notice)
(Date)
Michael Roberts
(Print Name)
The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other
means, including facsimile or computerized formats. Copyright © 2003-2011, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY
OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
Reviewed by
Date
NOE 11/11 (PAGE 1 OF 1)
NOTICE OF ENTRY (NOE PAGE 1 OF 1)
Phone: 408.505.5614
Fax: 408.356.8880
NOTICE TO PAY RENT OR QUIT
(C.A.R. Form PRQ, Revised 11/11)
Shin, Melody
Shin
To: Jae
and any other occupant(s) in possession of the premises located at: 6585 Gillis Drive
(Street Address)
95120
San Jose
CA
(City)
(State)
(“Tenant”)
(Unit/Apartment #)
(Zip Code) (“Premises”).
Other notice address if different from Premises above:
.
Notice to the above-named person(s) and any other occupants of the above-referenced Premises:
WITHIN 3 (OR
(BUT NOT LESS THAN 3)) DAYS from service of this Notice you are required to either:
1. Pay rent for the Premises in the following amount, which is past due, to
(Name)
(Phone)
at
(Address)
.
between the hours of
on the following days:
Past Due Rent: $
$
$
Total Due:
$
for the period
for the period
for the period
.
to
to
to
OR 2. Vacate the Premises and surrender possession.
If you do not pay the past due amount or give up possession by the required time, a legal action will be filed seeking not
only damages and possession, but also a statutory damage penalty of up to $600.00 (California Code of Civil Procedure §
1174). Landlord declares a forfeiture of the lease if past due rent is not paid and you continue to occupy the Premises. As
required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a
credit reporting agency if you fail to pay your rent.
Landlord
Date
(Owner or Agent)
Address
Telephone
Fax
City
E-mail
State
Zip
This Notice was served by:
1.
2.
Substituted service. A copy of the Notice was left with a person of suitable age and discretion at the Tenant's
residence or usual place of business and a copy was mailed to the Tenant at Tenant's residence.
3. X Post and mail. A copy of the Notice was affixed to a conspicuous place on the Premises and a copy was mailed to
the Tenant at the Premises.
Reviewed by
Date
PRQ REVISED 11/11 (PAGE 1 OF 1)
NOTICE TO PAY RENT OR QUIT (PRQ PAGE 1 OF 1)
Phone: 408.505.5614
Fax: 408.356.8880
APPLICATION TO RENT/SCREENING FEE
(C.A.R. Form LRA, Revised 4/11)
I. APPLICATION TO RENT
THIS SECTION TO BE COMPLETED BY APPLICANT. A SEPARATE APPLICATION TO RENT IS REQUIRED FOR EACH
OCCUPANT 18 YEARS OF AGE OR OVER, OR AN EMANCIPATED MINOR.
1. Applicant is completing Application as a (check one)
Total number of applicants
tenant,
tenant with co-tenant(s) or
guarantor/co-signor.
.
2. PREMISES INFORMATION
Application to rent property at
Rent: $
6585 Gillis Drive
per
, San Jose, CA
95120
("Premises")
07/21/2012
Proposed move-in date
3. PERSONAL INFORMATION
A. FULL NAME OF APPLICANT
B. Date of Birth
(For purpose of obtaining credit reports. Age discrimination is prohibited by law.)
C. Social security No.
Driver’s license No.
State
Expires
D. Phone number: Home
Work
Other
E. Email
F. Name(s) of all other proposed occupant(s) and relationship to applicant
G. Pet(s) or service animals (number and type)
H. Auto: Make
Model
Year
License No.
State
Color
Other vehicle(s):
I.
In case of emergency, person to notify
Relationship
Address
Phone
J. Does applicant or any proposed occupant plan to use liquid-filled furniture?
No
Yes Type
K. Has applicant been a party to an unlawful detainer action or filed bankruptcy within the last seven years?
No
Yes
No
Yes
No
Yes
If yes, explain
L. Has applicant or any proposed occupant ever been convicted of or pleaded no contest to a felony?
If yes, explain
M. Has applicant or any proposed occupant ever been asked to move out of a residence?
If yes, explain
4. RESIDENCE HISTORY
Current address
City/State/Zip
From
to
Name of Landlord/Manager
Landlord/Manager's phone
Do you own this property?
No
Reason for leaving current address
Previous address
City/State/Zip
From
to
Name of Landlord/Manager
Landlord/Manager's phone
Did you own this property?
No
Reason for leaving this address
Yes
5. EMPLOYMENT AND INCOME HISTORY
Current employer
Employer's address
Position or title
Employment gross income $
Previous employer
Employer’s address
Position or title
per
LRA REVISED 4/11 (PAGE 1 OF 2)
Yes
Supervisor
From
Supervisor's phone
Phone number to verify employment
Other $
per
Supervisor
From
Supervisor's phone
Employment gross income $
To
Source
To
per
)(
Applicant's Initials (
)
Date
Reviewed by
APPLICATION TO RENT/SCREENING FEE (LRA PAGE 1 OF 2)
Phone: 408.505.5614
Fax: 408.356.8880
Property Address: 6585 Gillis Drive
, San Jose, CA
Name of bank/branch
7. PERSONAL REFERENCES
Name
Phone
Name
Phone
Date:
95120
6. CREDIT INFORMATION
Name of creditor
Account number
Monthly payment
Balance due
Account number
Type of account
Account balance
Address
Length of acquaintance
Address
Length of acquaintance
8. NEAREST RELATIVE(S)
Name
Phone
Name
Phone
Occupation
Occupation
Address
Relationship
Address
Relationship
Applicant understands and agrees that: (i) this is an application to rent only and does not guarantee that applicant will be offered the
Premises; (ii) Landlord or Manager or Agent may accept more than one application for the Premises and, using their sole discretion,
will select the best qualified applicant, and (iii) Applicant will provide a copy of applicant’s driver’s license upon request.
Applicant represents the above information to be true and complete, and hereby authorizes Landlord or Manager or Agent to: (i) verify
the information provided; and (ii) obtain credit report on applicant.
If application is not fully completed, or received without the screening fee: (i) the application will not be processed, and (ii) the
application and any screening fee will be returned.
Applicant
Date
Time
Return your completed application and any applicable fee not already paid to:
Address
City
State
Zip
II. SCREENING FEE
THIS SECTION TO BE COMPLETED BY LANDLORD, MANAGER OR AGENT.
, applied as follows: (The screening fee
Applicant has paid a nonrefundable screening fee of $
may not exceed $30.00, adjusted annually from 1-1-98 commensurate with the increase in the Consumer Price Index. A CPI inflation
calculator is available on the Bureau of Labor Statistics website, www.bls.gov. The California Department of Consumer Affairs
calculates the applicable screening fee amount to be $42.06 as of 2009.)
$
for credit reports prepared by
;
$
for
$
for processing.
(other out-of-pocket expenses); and
The undersigned has read the foregoing and acknowledges receipt of a copy.
Applicant Signature
Date
The undersigned has received the screening fee indicated above.
DRE Lic. #
Landlord or Manager or Agent Signature
Date
The copyright laws of the United State (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means,
Date
Reviewed by
LRA REVISED 4/11 (PAGE 2 OF 2)
APPLICATION TO RENT/SCREENING FEE (LRA PAGE 2 OF 2)

RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT

Transcription

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