Information contained herein was obtained from the owner and other sources deemed reliable, but are not guaranteed. All acreages and distances are approximate. Prospective purchasers are advised to examine the facts to their own satisfaction. The offering is subject to change of price and terms, lease prior to sale, or withdrawal from the market, without notice.

Agency Disclosure Statement - Montana

Following is a Montana law required disclosure: UNDERSTANDING WHOM REAL ESTATE AGENTS REPRESENT Montana law requires that BUYER's and SELLER's be advised about the different types of agency relationships available to them (MCA § 37-51-102 & 37-51-321). A real estate agent is qualified to advise only on real estate matters. As the client or as the customer, please be advised that you have the option of hiring outside professional services on your own behalf (legal and tax counsel, home or building inspectors, accountant, environmental inspectors, range management or agricultural advisors, etc.) at any time during the course of a transaction to obtain additional information to make an informed decision. Each and every agent has obligations to each other party to a transaction no matter whom the agent represents. The various relationships are as follows: SELLER's Agent: exclusively represents the SELLER (or landlord). This agency relationship is created when a listing is signed by a SELLER/owner and a real estate licensee. The SELLER's agent represents the SELLER only, and works toward securing an offer in the best interest of the SELLER. The SELLER agent still has obligations to the BUYER as enumerated herein. BUYER's Agent: exclusively represents the BUYER (or tenant). This agency relationship is created when a BUYER signs a written BUYER-broker agreement with a real estate licensee. The BUYER agent represents the BUYER only, and works towards securing a transaction under the terms and conditions established by the BUYER and in the best interest of the BUYER. The BUYER agent has obligations to the SELLER as enumerated herein. Dual Agent: does not represent the interests of either the BUYER or SELLER exclusively. This agency relationship is created when an agent is the SELLER's agent (or subagent) and enters into a BUYER-broker agreement with the BUYER. This relationship must receive full informed consent by all parties before a "dual-agency" relationship can exist. The "dual agent" does not work exclusively for the SELLER or the BUYER but works for both parties in securing a conclusion to the transaction. If you want an agent to represent you exclusively, do not sign the "Dual Agency" Disclosure and Consent" form. Statutory Broker: is a licensee who assists one or more of the parties in a transaction, but does not represent any party as an agent. A licensee is presumed to be acting as a "statutory broker" unless they have entered into a listing agreement with the SELLER, a BUYER-broker agreement with the BUYER, or a dual agency agreement with all parties. In-House SELLER Agent Designate: is a licensee designated by the broker- owner/manager (of the real estate brokerage) to be the exclusive agent for the SELLER for a specific transaction in which the brokerage has the property listed and the BUYER is working directly through the same brokerage also. This agent may not act on behalf of any other member of the transaction and works for the benefit of the SELLER, but still is obligated to the BUYER as any SELLER's agent would be. In-House BUYER Agent Designate: is a licensee designated by the broker- owner/manager (of the real estate brokerage) to be the exclusive agent for the BUYER for a specific transaction in which the brokerage has the property listed and the BUYER is working directly through the same brokerage also. This agent may not act on behalf of any other member of the transaction and works for the benefit of the BUYER, but still obligated to the SELLER as any BUYER's agent would be. Subagent: is an agent of the licensee already acting as an agent for either the SELLER or BUYER. A "SELLER agent" can offer "subagency" to an agent to act on his behalf to show the property and solicit offers from BUYER's. A "BUYER agent can offer "subagency" to an agent to act on his behalf to locate and secure certain property meeting the BUYER's criteria.

Cooperative Broker Guidelines

We appreciate your willingness to help us with the marketing of our listings. We would like the basis of our cooperative efforts and commission splitting arrangement to be the following:

Our gross commissions vary by listing and, consequently, our offer of compensation to cooperative brokers varies accordingly. You may contact our broker and obtain the specific offer of compensation. Our offer of compensation assumes that you enter fully into the total transaction process. If you make a referral only or if you are not licensed in the state in which the property is located, we will pay you 20% of the buyer's side of a commission we receive within one year. After one year, the referral percentage shall drop to 10%. Needless to say, every situation is not the same and we reserve the right to make adjustments if appropriate. In particular, we reserve the right to change this arrangement when we are working with a broker who does not offer at least as favorable an arrangement to brokers working on their listings.

In some cases our listing agreements call for a higher commission if we cooperate with another broker. While this is done to encourage your participation and help, you should be aware of the fact that it could put your buyer at a disadvantage in case we should have a similar or equal offer from a buyer who is working through us. In this eventuality, we assure you that you will be informed of the situation to the fullest extent allowable.

Our obligation to share with you is conditioned upon your adherence to the following rules and procedures:

1. All offers and negotiations must be communicated through our office with earnest monies to be placed either in our real estate trust accounts or in the trust account of a closing agent.
2. We ask that our listings be treated as unique offerings, which one should be honored to look at and have an opportunity to purchase. With that in mind, we have represented to the owners that we will be present at all showings to be sure our listings are presented in the best possible light. We will need sufficient advance notice so that a licensed broker or salesman from our office can be present. We will do everything we can to accommodate your schedule. Only by special arrangement do we allow other brokers to show our listings.
3. Until you register your prospect by name with our office, you are totally at risk. Before you do register a prospect, we require that you first specifically discuss the following items with that prospect:

(a) Your prospect must be informed that he or she is being registered as your prospect for this specific listing.

(b) He or she must be asked both if he or she has already been presented the property by someone else and if he or she is already working with us. If there is a conflict between outside brokers, preference will be given to the buyer's choice of broker and to the broker who is the procuring cause of an offer. If your prospect is already working on this property, we will not recognize him or her as your prospect unless you have a written and fully executed exclusive buyer broker agreement with said prospect.

1. If you involve additional brokers, you will be required to compensate them out of your share.
2. Unless you notify us to the contrary, we will assume that you will be working as a statutory/transaction broker or itís equivalent whereby you are representing neither party.

We do not permit any advertising of this property by cooperating brokers.

Agency
It is our policy to compensate cooperating brokers as buyer brokers or statutory/transaction brokers only. We no longer offer compensation to subagents. If you have an agreement, written or oral, with a buyer in which the buyer compensates you for all or a portion of the commission, you must fully disclose the terms of said Agreement to us in writing. It is our preference that the Buyer compensate you if you are a Buyer Agent. We will discuss a reduction of our fee in these circumstances.