Hawaii Life Real Estate Services, LLC


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Page 1 of 2 02/08/2010

Hawaii Life Real Estate Services, LLC Agency Consent and Disclosure Statement In Hawaii, the Buyer and/or the Seller in a real estate transaction may retain a real estate brokerage firm such as Hawaii Life Real Estate Services LLC (“Hawaii Life LLC”) as its Agent. This Agency Consent and Disclosure Statement describes the agency relationship between Hawaii Life LLC and its clients. An agency relationship is a voluntary legal relationship in which a brokerage firm and its licensee (both of whom may be referred to as the “Agent) agree to act in a real estate transaction on behalf of and in the best interests of a Buyer or Seller (the “Client”), or both in certain circumstances. An Agent is a fiduciary of the Client and owes the Client the duty of utmost good faith, integrity, honesty, and loyalty, as well as a duty of due care and diligence. Furthermore, in dealings with all parties, an Agent has a duty to make a full, fair, and timely disclosure to the Client of all facts within the Agent’s knowledge which are, or may be, material to the transaction and which might affect the Client’s rights and interests or influence his/her actions. If an Agent represents both a Seller and a Buyer in the same or related transactions, Hawaii law requires Agents to obtain the consent of each Client and to fully disclose the dual representation to each Client. You have entered into a relationship with Hawaii Life LLC relating to a potential real estate transaction. In this case, Hawaii Life LLC is acting as: _________the Seller’s Agent: The Agent represents the Seller only. The Agent owes its fiduciary duties only to the Seller. _________the Buyer’s Agent: The Agent represents the Buyer only. The Agent owes its fiduciary duties only to the Buyer. __________a Dual Agent: The Agent represents both the Buyer and the Seller in the same real estate transaction. The Agent fully discloses its relationship with Buyer and Seller as set forth in Exhibit A attached hereto and incorporated herein by this reference. A Dual Agency commonly occurs when the Seller’s Agents also have an agency relationship with a Buyer who is looking for types of property similar to the Seller’s property. In such event, the brokerage firm and all of its Agents represent both the Buyer and the Seller and are Dual Agents. Dual agents must remain neutral in negotiations and must not advance the interest of one party over the other. If you enter into a Purchase Contract represented by a Dual Agent, you will be asked to sign a separate Dual Agency Consent Addendum under Hawaii law. The Dual Agency Consent Addendum includes a representation that the Agent provided full disclosure of the type of representation the Agent has been asked to provide to the Seller and Buyer.

___________________ Initials/Date

Hawaii Life Real Estate Services LLC • Kauai • Big Island • Maui • Ohau Main / Kauai Office: POB 356, Hanalei, HI 96714 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax Big Island Office: 7 Puako Beach Drive, Kamuela, Hawaii 96743 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax Maui Office: 120 Kane St., Kahului, HI 96732 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax

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It is important to note that a “Client” is different from a “customer.” A “customer” is typically a Buyer or Seller who is NOT represented by the Client’s brokerage firm or Agent. In such case, the Agent may assist the customer in preparing a Purchase Contract, presenting the Purchase Contract to the Client and reporting to the Client an acceptance or the customer’s request for changes to the Purchase Contract. It is the policy of Hawaii Life LLC that prior to any representation of any Seller that an appropriate written Exclusive Right-to-Sell Listing agreement (the “listing agreement”) be executed between the parties to ensure that the expectations of the parties are explained and to avoid misunderstandings. Notwithstanding anything to the contrary that may have been stated, represented or implied by any Agent of Hawaii Life LLC, no agency relationship exists between Hawaii Life LLC and its Agents, and a Buyer or a Seller, until and unless the parties have executed a listing agreement. By signing below, you acknowledge that you have read, understood and received a copy of this Agency Consent and Disclosure Statement and that you have received full disclosure, if applicable, of dual agency representation and that you consent to be represented as indicated herein.

______________________________ Signature

________________________ Date

Hawaii Life Real Estate Services LLC • Kauai • Big Island • Maui • Ohau Main / Kauai Office: POB 356, Hanalei, HI 96714 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax Big Island Office: 7 Puako Beach Drive, Kamuela, Hawaii 96743 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax Maui Office: 120 Kane St., Kahului, HI 96732 | 808-822-5433 office | 800-667-5028 toll free | 866-590-3144 fax