Terms and Conditions

The material on this site is provided solely for informational purposes and does not constitute an offer to sell, rent or advertise real estate outside the State of Wisconsin, or in any other state. Brendon Krull & Associates is not making any warranties or representations concerning any of these properties, including their availability. Property Search information, whether by Criteria or by Map Search, is provided as a guide only and may include discrepancies or transcription errors. Information posted to this site from various sources is deemed reliable but should not be considered verified and is not guaranteed. You are advised to verify any information material to your property search and search results or for any specific contemplated transaction or usage. Brendon Krull & Associates is not responsible for the accuracy, completeness, or applicability of the content or information provided to us with regard to any specific property or properties or for information subject to verification. Brendon Krull & Associates shall not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.You understand and agree to abide by these Consumer Notices and the Terms and Conditions for your visit to our website. Brendon Krull & Associates reserves the right to make changes to our site, policies, and these conditions of use at any time.

Brendon Krull & Associates is an agent firm that is associated with Premier Point Realty as managing broker.

Premier Point Realty, LLC is a licensed real estate business entity in Wisconsin. Premier Point Realty, and Brendon Krull & Associates and their logos are trademarks owned by Premier Point Really, LLC and Brendon Krull & Associates respectively, with offices located at 3215 Golf Road #232, Delafield, WI 53018.

 

NOTICE TO BUYERS & SELLERS

 

Premier Point Realty, LLC and Brendon Krull & Associates (“Premier Point Realty” and “Brendon Krull & Associates”) gives this Notice to you, a prospective real estate buyer or seller, to acquaint you with some common issues or practices within the real estate industry and to make you aware of some important issues to consider in your real estate transactions. This Notice also provides authorization to contact buyers and sellers with information about prospective real estate transactions and affiliate services per State and Federal telemarketing laws. Premier Point Realty is a licensed broker business entity. All references to broker or brokerage have the meaning of “Firm” as stated in Chapter 452 of the Wisconsin Statutes.

Equal Opportunity/Fair Housing. Premier Point Realty and Brendon Krull & Associates, its agents, and affiliates are committed to providing equal service to all persons. Local, state, and federal fair-housing laws prohibit discrimination against any person in violation of these laws.

Legal & Tax Advice. State law prohibits real estate agents from giving legal or tax advice. Consistent with their licensure, agents may explain and assist you with approved contract-form provisions and procedures, but cannot provide legal or tax advice. Premier Point Realty and Brendon Krull & Associates recommends you consider hiring your own attorney if you have legal questions or disputes, and consult a tax attorney or accountant about any tax issues that may arise, including questions about government-tax credit, stimulus, or related programs. In “short-sales,” Premier Point Realty’s and Brendon Krull & Associates’ agents may assist in facilitating a short sale or in contacting lender(s), but are not responsible for negotiating payoffs, loan modifications, or issues relating to deficiencies. If you need advice or assistance on these issues, contact the lender, your attorney or other qualified professional debt-relief service.

Foreign Investment In Real Property Tax Act (FIRPTA) applies to sale of property by “foreign persons” as defined per FIRPTA, and may require withholding of up to 15% of the amount realized for payment to IRS unless an exemption applies. Buyers can be held liable and may have a tax lien put on the property for failing to comply with FIRPTA. The parties are advised not to provide, send, or copy sensitive personal information such as social security or tax identification numbers to agent or Firm, or to anyone by unsecured means, but to modify offer terms to allow only direct submission to closing agent or qualified substitute. Real estate agents and firms cannot provide legal or tax advice and are not responsible for interpreting or implementing FIRPTA. The parties are advised to consult their own legal counsel or tax advisers.

MLS. Premier Point Realty and Brendon Krull & Associates is associated with various multiple-listing services (MLS). Information in the MLS is provided by sellers, listing brokers, and other parties, and may not have been verified. Premier Point Realty and Brendon Krull & Associates assumes MLS information is current, accurate, and complete, but does not guarantee or assume responsibility for the quality of MLS information. You must verify information important to you, including number of bedrooms, school district, type of construction materials, square footage, age of updates, etc.

IDX information is provided exclusively for consumers’ personal, non-commercial use and that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.

Square Footage/Measurements/Dimensions. Land, building, or room dimensions, measurements of square footage of finished or unfinished floor space, or acreage figures are often only approximations based on rounded measurements, various formulas used to calculate area, or may be provided by third parties such as municipal-assessment or tax information. These sources may vary. If the size or dimensions of any particular part of a property, finished or unfinished square footage, or acreage is important to you, you must independently verify that information. Premier Point Realty and Brendon Krull & Associates does not guarantee or assume responsibility for the accuracy of any measurements or figures. Note: Digital or online GPS/GIS mapping apps or programs as may be utilized by agents or parties may not be accurate and are no substitute for an actual survey of lot lines.

Third-Party Providers. Premier Point Realty and Brendon Krull & Associates, or their agents,  may provide names of various service providers, including lenders, title-insurance and home-warranty companies, inspectors or testing companies, surveyors, attorneys, or other contractors and third-party providers, but Premier Point Realty and Brendon Krull & Associates does not perform those third-party or other services and is not responsible for the services or actions of these third-party professionals or providers. You are responsible for selecting providers or third-party professionals and for determining whether those providers have adequate expertise and qualification to render the desired services. For all third-party providers and all services or products that may be referred to you, including financing, title insurance, or home warranty, etc., you should shop around and contact potential providers or third-party professionals directly to ensure you obtain the desired services or product and the best rates.

Financing. Premier Point Realty and Brendon Krull & Associates may assist you by providing names of financial institutions and may assist you in obtaining a loan prequalification or preapproval. But neither Premier Point Realty or Brendon Krull & Associates is responsible for determining or selecting a lender or type or terms of your mortgage. You are solely responsible for choosing the lender and type of mortgage.

Title Insurance. Most transactions involve title insurance, including GAP coverage. Title companies may assist in obtaining mortgage payoffs, tax prorations, and closing statements. You may ask the title company or your own counsel about title insurance, GAP, exceptions to title, settlement statements, or other questions.

Home Warranty. Sellers may purchase a home warranty to provide coverage during the listing and for a period of time after the closing, or buyers may purchase a home warranty to apply after purchase. Coverage depends on the company and program and is limited to policy terms. Note: A home warranty may not cover mobile homes.

Lead-Based Paint (LBP) Disclosure. Federal law requires sellers/landlords of most residential housing built before 1978 to disclose any known lead-based paint (“LBP”), to provide any records or reports of LBP, and to provide buyers/tenants with a federally approved lead-hazard-information pamphlet. https://www.epa.gov/lead. Offers/leases must contain lead disclosures and acknowledgments. The regulations do not require removal of LBP hazards, but buyers have the right to include a contingency to inspect for LBP.

Smoke & Carbon-Monoxide Detectors. All parties are advised to comply with all applicable laws and regulations requiring smoke or carbon monoxide detectors.

Inspections & Testing. Buyers are responsible for performing a reasonably vigilant inspection and confirming if property is satisfactory for buyers’ purposes. You may not be able to hold sellers or listing broker liable for failing to disclose defects that are readily observable. You should consider having all property thoroughly inspected by a professionally qualified inspector (ex: State of Wisconsin registered or licensed home inspector). Inspection(s) should cover all material property features, including structural, mechanical, heating, electrical, plumbing, wells, septic systems, etc., and may require specialized inspectors or professionals. Buyers should consider any follow-up inspections as may be recommended in any inspection reports. Note: Authorization for inspections in the standard, State of Wisconsin-approved WB-forms may not include desired testing. To test any substance, whether drinking water, soil, air, or other elements on the property, Buyers should include a testing contingency for that purpose in any offer. Pictures, video/virtual tours or live streaming may be used by agents or services to display a property, but are not representations of condition by agents or brokerage, and are no substitute for viewing the property. Buyers retain full responsibility for personal verification and professional inspections to confirm condition and that any given property is satisfactory to Buyers. All walk-throughs are likewise Buyer’s personal responsibility. Agents may send pictures or make observations, but are not responsible for confirming, inspecting, or approving condition or work done.

Hazardous Substances. Asbestos, vermiculite, lead in drinking water, radium, radon gas, mold, lead-based paint, and other toxic substances or chemicals within structures, soils or water supplies can cause serious health hazards. Certain construction materials may be more prone to failure, e.g. some synthetic stucco, and others may cause contamination (e.g., formaldehyde in some products). Contact the Wisconsin DNR and each specific municipality about possible lead in pipes or water mains and service lines. For radon see Wisconsin Department of Health Services pamphlet Wisconsin Home Buyers and Sellers Brochure and/or the EPA’s U.S. EPA Home Buyers and Sellers Guide to Radon. You must arrange inspection or testing of any substances or materials of concern to you.

Electrical Service. Tube or aluminum wiring, fuses, or service less than 100 amps may be considered a defect or may require upgrade by lenders or insurers to no less than 100 amp circuit-breaker service. Certain breaker boxes, e.g., Federal Pacific, may be a safety concern.

Land-Use Restrictions, Regulations, Bedrooms & Nonconforming Uses. Various laws, regulations, and land-use restrictions may apply and affect a property’s use and value, including zoning and subdivision laws, building codes, restrictions on nonconforming properties and uses, deed restrictions, restrictive covenants, subdivision regulations, and homeowner’s-association rules, etc. Buyers should confirm whether a property suits buyers’ needs and intended use and whether/how the applicable laws and private restrictions may affect buyers’ intended use and buyers’ ability to build, rebuild, remodel, replace, or enlarge an existing structure on a given property, particularly if there are any nonconforming structures or uses. If important, confirm the number of usable bedrooms by consulting with the municipal assessor or building inspector, and for properties on septic system or “private onsite wastewater treatment systems” (POWTS), confirm sizing conformance to number of bedrooms/occupancy, particularly if involving remodeling or additions.

Reassessment & Revaluation. Contact local assessor to inquire whether there are any area-wide reassessments that may affect a property, and for assessment applying to new construction, remodeling, or rehabilitation, and whether any property tax increase is applicable or expected due to revaluation or reassessment, and always consider re-proration in any purchase contract.

Community Attributes & Facilities. If the existence or proximity of community amenities (ex: school districts, parks, green spaces, conservancy districts, access to cable and similar services, and other community attributes and facilities) is important to your decision to purchase a property, you should confirm availability and proximity to the property by contacting the municipality, school district, or other community-entity or public-information sources. Always confirm school information directly with the school district.

Area Conditions. Existing and proposed developments, public projects, and construction adjacent to or surrounding the property may affect the property. If you are concerned about any existing or future conditions of the area or neighboring properties, before writing an offer you should thoroughly investigate the surrounding area and contact state and local municipal officials about any proposed development or project, including planned roadways, commercial developments, utilities infrastructure or transmission lines, airport expansion or utilization, etc. Some commercial or industrial facilities or certain agricultural operations, such as concentrated animal-feeding farms, may create noise and odor. You should ask appropriate governmental and private authorities about the condition of any natural features in the area, including potential local or regional issues such as Emerald Ash Borer infestation. For waterfront or riparian property you should contact the DNR and local-governmental officials about lake and river information and boating access/usage rights and restrictions, docks and piers, stocking, existence of invasive species, and shoreland zoning, and you should confirm you can use the property for your intended purposes.

Floodplains & Wetlands. Floodplain and wetland maps may not be complete or updated and may require a surveyor or other professional to interpret. Contact your lender, applicable governmental officials, and your insurance agent with questions about floodplain designations, insurance requirements, and rates. Property bordering navigable waters should be presumed to be within a floodplain or subject to special restrictions such as shoreland zoning or other governmental regulations. Floodplain designations change and site elevations may need verification. Floodplain insurance premiums may be expected to increase.

Special-Purpose Districts & POWTS. If all or part of a property is in a special-purpose district (ex: sanitary, drainage, or lake district) you should contact the applicable authorities to identify what restrictions and potential assessments may apply. Property in a sanitary district may be subject to taxes, special assessments, or other charges for sewer planning or construction, user fees, and related costs. Property in a drainage district may be subject to special assessments and other requirements. Property served by septic or POWTS may be subject to state and local regulation, and some counties require a maintenance plan and may impose notification, inspection, or testing requirements when property ownership is transferred. Replacing a POWTS may require you to install a different type of system. Both sellers and buyers are advised to ensure that, if material, the septic system is sized appropriately for the number of used bedrooms, as this may change with additions or renovations.

Use-Value Assessments/Managed-Forest Land/Conservation Reserve/Farmland-Preservation Programs. Rural, agricultural, forest, vacant, cropland, or similar property may be subject to conservation, farmland, environmental, or other land-use programs, agreements, or restrictions affecting the property’s use and taxation. There may be penalties, assessments, or payback obligations pending or deferred, or which accrue upon change in use or sale of the property. Under Use-value assessment law, sellers must disclose if some or all of the property being sold is subject to use-value assessment and if a conversion charge has been assessed or deferred. Buyers/owners may be assessed substantial penalties if they change the use of property subject to use-value taxation. Managed Forest Law requires sellers to disclose if property is subject. Buyers should contact DNR Division of Forestry. Conservation Reserve Program buyers should contact the USDA Farm Service Agency. For property in a farmland-preservation-zoning district, or under a farmland-preservation agreement, contact Agricultural Resource Management in the WI Department of Agriculture, Trade, and Consumer Protection. For shoreland zoning, contact county zoning and the DNR regarding mitigation plans, and check any applicable city, town, or village regulations for additional restrictions. NOTE: Some programs impose fees, penalties, or costs upon change of use or early termination. Consult each program and address whether the parties intend to continue a program, and which party will be responsible when the program terminates.

Insurance & Insurability. Homeowner’s insurance carriers may not insure certain properties or certain buyers. Premier Point Realty and Brendon Krull & Associates, agents, and affiliates are not insurance experts and cannot guarantee that a particular property or buyer can or will be insured.

MLS & Co-Brokerage Compensation. The co-brokerage offering is an incentive to subagents and listing broker agents to participate in sale of Firm’s listings. The Firm cannot comment on other companies’ policies or the overall commission or co-brokerage market.  The specific offering for the listing will be entered into the corresponding MLS. Any given MLS offering may be subject to brokerage agreements or policy letters, the amount of which is available upon request as applicable to any given transaction. See Compensation To Others provision.

Buyer-Agency Notice. Buyers represented by a buyer’s agent may often write offers requesting payment of buyer’s agency fee by seller’s proceeds at closing. If the buyers’ agency fee is greater than the amount of the co-brokerage commission being offered, it may be recommended that the sellers calculate sellers’ net proceeds, and, if necessary, consider a counteroffer at a price sufficient to retain sellers’ desired net proceeds and accommodate the buyers’ agency fee. This may also apply under dual agency or designated agency where seller’s and buyer’s agents are both Premier Point Realty agents.

Sex Offender Disclosure Notice. You may obtain information about the sex offender registry and persons registered with the registry by contacting the Wisconsin Department of Corrections on the Internet at http://www.widocoffenders.org or by phone at 877-234-0085 or (608) 240-5830.

Digital Communications Security Advisory. There are email and phishing scams where criminals pretend to be service providers or pretend to be involved in a transaction and request financial and related nonpublic information such as credit card or debit card numbers or bank account and/or routing numbers or ask you to send or wire money. NOTE: Premier Point Realty’s and Brendon Krull & Associates’ agents will never request such financial or related nonpublic personal information, by email or other digital media. If you receive an email or other digital message directly, copied, or forwarded to you in any transaction requesting you send funds or provide financial or related nonpublic personal information, it did not come from Premier Point Realty or Brendon Krull & Associates. Do not respond to any such email. Contact Brendon Krull & Associates at (262) 229-9287.

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