Bull Mountain Ranch

Once in a great while we have the opportunity to offer an elk hunting ranch with amenities that put it in a class which would be difficult to replace anywhere in the Rocky Mountain region. Located approximately 45 miles north of Billings, MT, the 15,600± acre Bull Mountain Ranch is an outstanding elk hunting property in the heralded Bull Mountains of east-central Montana.  The ranch, consisting of 9,800± deeded acres and 5,800± leased acres, has been managed for over ten years for trophy quality elk and productive cattle grazing.

Disclaimer: 

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. 

_____ of Hall and Hall is the exclusive agent of the Seller.

NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

    Elk Creek 686

    Located just 20 minutes west of Bozeman, MT with easy access to Big Sky Resort and just a few miles from the Madison River, Elk Creek 686 represents the southerly portion of the 1,166.70± acre Elk Creek Ranch offering. These 686± acres lying south of Highway 84 contain all of the ranch’s irrigated acres and the most productive non-irrigated farmland, providing a strong agricultural base with excellent recreational opportunities. The wetlands, grain and alfalfa attract deer, elk, upland game birds, waterfowl and a wide variety of other wildlife.

    Disclaimer: 

    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. 

    _____ of Hall and Hall is the exclusive agent of the Seller.

    NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

      Indart Ranch

      The 1291± acre Indart Ranch lies atop the Big Horn Mountains about 50 miles south of Buffalo in an area of deeded and scattered State and BLM lands situated south of the high peaks that form the heart of the Big Horns. This area is prized for its strong summer grasses and significant wildlife population. The ranch is essentially unimproved and off-the-grid. The property is distinguished by the fact that it is bounded by hundreds of acres of State and Federal lands that serve to increase its footprint as a hunting retreat.

      Disclaimer: 

      IMPORTANT NOTICE
      Hall and Hall Partners, LLP
      (Name of Brokerage Company)
      REAL ESTATE BROKERAGE DISCLOSURE

      When you select a Real Estate Brokerage Firm, Broker or salesperson (all referred to as "Broker") to assist you in a real estate transaction, the Broker may do so in one of several capacities. In accordance with Wyoming's Brokerage Relationships Act, this notice discloses the types of working relationships that are available to you.

      Seller's Agent. (Requires written agreement with Seller)

      If a Seller signs a written listing agreement with a Broker and engages the Broker as a Seller's Agent, the broker represents the Seller. On properties listed with other brokerage companies, the Broker may work as an agent for the Seller if the Seller agrees to have the Broker work as a subagent. As an agent or subagent for the Seller, the Broker represents the Seller and owes the Seller a duty of utmost good faith, loyalty, and fidelity in addition to the obligations enumerated below for Intermediaries. Wyo. Stat. § 33-28-303(a). The Seller may be vicariously liable for the acts of the Seller's Agent or Seller's Subagent that are approved, directed or ratified by the Seller.

      Customer. (No written agreement with Buyer or Seller)

      A customer is a party to a real estate transaction who has established no intermediary or agency relationship with any Broker in that transaction. A Broker may work either as an agent for the Seller treating the Buyer as a customer or as an agent for the Buyer treating the Seller as a customer. Also when a Buyer or Seller is represented by another Broker, a Broker may work with the other Buyer or Seller as a customer, having no written agreement, agency or intermediary relationship with either party. A Broker working with a customer shall owe no duty of confidentiality to a customer. Any information shared with Broker may be shared with the other party to the transaction at customer's risk. The customer should not tell the broker any information which the customer does not want shared with the other party to the transaction. The Broker must treat the customer honestly and with fairness disclosing all material matters actually known by the Broker. The Broker owes the Customer the obligations enumerated below for Intermediaries which are marked with an asterisks. W.S. 33-28-310(a).

      Buyer's Agent. (Requires written agreement with Buyer)

      If a Buyer signs a written Buyer Agency Agreement with a Broker, the Broker will act as an agent for the Buyer. If so, the Broker represents the Buyer and owes the Buyer a duty of utmost good faith, loyalty and fidelity in addition to the obligations enumerated below for Intermediaries. The Buyer may be vicariously liable for the acts of the Buyer's Agent that are approved, directed or ratified by the Buyer. As a Buyer's Agent, Wyoming law requires the Broker to disclose to potential Sellers all adverse material facts, which may include material facts regarding the Buyer's financial ability to perform the terms of the transaction. Wyo. Stat. § 33-28-304(c). As a Buyer's Agent, Broker has duties to disclose to the Buyer certain information; therefore, the Seller should not tell Broker any information which the Seller does not want shared with the Buyer.

      Intermediary. (Requires written agreement with Seller and/or Buyer)

      The Intermediary relationship is a non-agency relationship which may be established between a Broker and a Seller and/or a Broker and a Buyer. A Seller may choose to engage a Broker as an Intermediary when listing a property. A Buyer may also choose to engage a Broker as an Intermediary. An Intermediary shall not act as an agent or advocate for any party and shall be limited to providing those services set forth below. Wyo. Stat.§ 33-28-305.

      As an Intermediary (Non-Agent), Broker will not represent you or act as your agent. The parties to a transaction are not legally responsible for the actions of an Intermediary and an Intermediary does not owe the parties the duties of an agent, including the fiduciary duties of loyalty and fidelity. Broker will have the following obligations to you:

      • perform the terms of any written agreement made by the Intermediary with any party or parties to the transaction;
      • exercise reasonable skill and care; 
      • advise the parties to obtain expert advice as to material matters about which the Intermediary knows but the specifics of which are beyond the expertise of the Intermediary; 
      • present all offers and counteroffers in a timely manner; 
      • account promptly for all money and property Broker received; 
      • keep you fully informed regarding the transaction; 
      • obtain the written consent of the parties before assisting the Buyer and Seller in the same real estate transaction as an Intermediary to both parties to the transaction;
      • assist in complying with the terms and conditions of any contract and with the closing of the transaction; 
      • disclose to the parties any interests the Intermediary may have which are adverse to the interest of either party;
      • disclose to prospective Buyers, known adverse material facts about the property; 
      • disclose to prospective Sellers, any known adverse material facts, including adverse material facts pertaining to the Buyer's financial ability to perform the terms of the transaction; 
      • disclose to the parties that an Intermediary owes no fiduciary duty either to Buyer or Seller, is not allowed to negotiate on behalf of the Buyer or Seller, and may be prohibited from disclosing information about the other party, which if known, could materially affect negotiations in the real estate transaction.
      • disclose Buyer's intent to occupy property as primary residency.

      As Intermediary, Broker will disclose all information to each party, but will not disclose the following information without your informed consent:

      • that you may be willing to agree to a price different than the one offered;
      • the motivating factors for buying or selling the property;
      • that you will agree to financing terms other than those offered; or
      • any material information about you, unless disclosure is required by law or if lack of disclosure would constitute dishonest dealing or fraud.

      Change From Agent to Intermediary -- In-House Transaction

      If a Buyer who has signed a Buyer Agency Agreement with Broker wants to look at or submit an offer on property Broker has listed as an agent for the Seller, the Seller and the Buyer may consent in writing to allow Broker to change to an Intermediary (non-agency) relationship with both the Buyer and the Seller. Wyo. Stat. § 33-28-307.

      An established relationship cannot be modified without the written consent of the Buyer or the Seller. The Buyer or Seller may, but are not required to, negotiate different commission fees as a condition to consenting to a change in relationship.

      Designated Agent. (requires written designation by the brokerage firm and acknowledgement by the Buyer or Seller)

      A designated agent means a licensee who is designated by a responsible broker to serve as an agent or intermediary for a Seller or Buyer in a real estate transaction. Wyo. Stat. § 33-28-301 (a)(x).

      In order to facilitate a real estate transaction a Brokerage Firm may designate a licensee as your agent or intermediary. The Designated Agent will have the same duties to the Buyer and Seller as a Buyer's or Seller's Agent or Intermediary. The Broker or an appointed "transaction manager" will supervise the transaction and will not disclose to either party confidential information about the Buyer or Seller. The designation of agency may occur at the time the Buyer or Seller enters into an agency agreement with the Brokerage Firm or the designation of agency may occur later if an "in house" real estate transaction occurs. At that time, the Broker or "transaction manager" will immediately disclose to the Buyer and Seller that designated agency will occur.

      Duties Owed by An Agent But Not Owed By An Intermediary.

      When acting as the agent for one party (either buyer or seller), broker has fiduciary duties of utmost good faith, loyalty, and fidelity to that one party. A broker engaged as an intermediary does not represent the buyer or the seller and will not owe either party those fiduciary duties. However, the intermediary must exercise reasonable skill and care and must comply with Wyoming law. An intermediary is not an agent or advocate for either party. Seller and buyer shall not be liable for acts of an intermediary, so long as the intermediary complies with the requirements of Wyoming’s brokerage relationships act. Wyo. Stat. § 33-28-306(a)(iii).

      This written disclosure and acknowledgment, by itself, shall not constitute a contract or agreement with the broker or his/her firm. Until the buyer or seller executes this disclosure and acknowledgment, no representation agreement shall be executed or valid. Wyo. Stat. § 33-28-306(b).

      No matter which relationship is established, a real estate broker is not allowed to give legal advice. If you have questions about this notice or any document in a real estate transaction, consult legal counsel and other counsel before signing.

      The amount or rate of a real estate commission for any brokerage relationship is not fixed by law. It is set by each Broker individually and may be negotiable between the Buyer or Seller and the Broker.

      On (date), I provided (Seller) (Buyer) with a copy of this Real Estate Brokerage Disclosure and have kept a copy for our records.

      Brokerage Company; Hall and Hall Partners, LLP

       

      BY_____________________________________

      I/We have been given a copy and have read this Real Estate Brokerage Disclosure on (date) ________________ time _______________ and hereby acknowledge receipt and understanding of this Disclosure.

      Seller's Signature _______________________________

      NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

      Hillview Way

      This unique opportunity has appeal at both ends of the spectrum. An owner who desires the breathing room and exclusivity of a large private retreat on the doorstep of a vibrant Rocky Mountain city will find nothing else quite like this. Meanwhile, a developer will enjoy a blank canvas upon which a comprehensive development plan can be executed. 

      Disclaimer: 

      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. 

      _____ of Hall and Hall is the exclusive agent of the Seller.

      NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

      Teton Timbers Ranch

      Teton Timbers Ranch is a one-of-a-kind, wild and beautiful 960± acre private inholding within the Big Hole Mountains of the 2.5 million acre Caribou-Targhee National Forest. It is located in the Teton Valley 12 miles west of Driggs, Idaho and its jet-capable general aviation airport. The property is almost completely surrounded by national forest and an easy drive to some of the best fly-fishing and skiing in the world.

      Disclaimer: 

      Idaho brokerage disclosure

      The law requires all real estate licensees to perform certain basic duties when dealing with any real estate buyer or seller.  You can expect any real estate licensee you deal with to provide the following “customer-level” services:

      • To perform necessary and customary acts to assist you in the purchase or sale of real estate;
      • To perform these acts in good faith and with reasonable care;
      • To properly account for money or other property you place in his or her care; an
      • To disclose “adverse material facts” which are, or should be, within that licensee’s knowledge.  These include facts that would significantly affect the desirability or value of the property to a reasonable person, and facts that would indicate to a reasonable person that one of the parties cannot, or will not, complete his obligations under the contract.  (Note:  Idaho law exempts “psychological” impacts from this disclosure requirement.  See Section 55-2701, Idaho Code)

      Unless or until you enter a written agreement with the brokerage for agency representation, you are considered a “Customer” of the brokerage, and the brokerage will not act as your agent.  As a Customer, you should not expect the brokerage or its licensees to promote your best interest, or to keep your bargaining information confidential.

      Whenever you speak to a licensee who represents a party on the other side of the transaction, (e.g., you are seeking to buy the property, and the licensee represents the seller), you should assume that any information you provide will be shared with the other party.  

      If offered by the real estate brokerage, you may enter a written agreement for “Agency Representation,” requiring that the brokerage and its licensees act as an “Agent” on your behalf and promote your best interests as their “Client.”  Idaho law authorizes three types of Agency Representation. 

      Single Agency:

      If you enter a written agreement for Agency Representation, you, as a Client, can expect the real estate brokerage to provide the following services, in addition to the basic duties and obligations required of all licensees:

      • To perform the terms of your written agreement with skill and care;
      • To promote your best interest, in good faith, honest and fair dealing;
      • If you are the seller, this includes seeking a buyer to purchase your property at a price and under terms and conditions acceptable to you, and assisting in the negotiation thereof; and, upon your written request, asking for reasonable proof of a prospective buyer’s financial ability to purchase your property;
      • If you are the buyer, this includes seeking a property to purchase at an acceptable price, terms and conditions, and assisting in the negotiation thereof; and, when appropriate, advising you to obtain professional inspections of the property, or to seek appropriate tax, legal and other professional advice or counsel.
      • To maintain the confidentiality of specific client information, including bargaining information, even after the representation has ended.

      Limited Dual Agency:

      At a time you enter an agreement for Agency Representation, you may be asked to give written consent allowing the brokerage to represent both you and the other party in a transaction.  This “dual agency” situation can arise when, for example, the brokerage that represents you, the seller, also represents buyers who may be interested in purchasing your property.  When this occurs, it is necessary that the brokerage’s representation duties be “limited” because a buyer and seller have built-in conflicts of interest.  Most significantly, the buyer typically wants the property at the lowest price, while the seller wants top dollar.  As a “limited dual agent,” the brokerage and its licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning price negotiations, terms or factors motivation the client/buyer to buy or the client/seller to sell.  However, the brokerage must otherwise promote the best interests of both parties, perform the terms of the written representation agreement with skill and care, and perform all other duties required by law.

      Buyers and sellers alike often find it desirable to consent to limited dual agency:  buyers do not want the brokerage to be restricted in the search for suitable properties, and sellers do not want the brokerage to be restricted in the search for suitable buyers.  Thus, when all parties agree in writing, a brokerage may legally represent both the buyer and the seller in the same transaction, but only as a “limited dual agent.”

      Limited Dual Agency with Assigned Agents:

      In some situations, a brokerage that has obtained consent to represent both parties as a limited dual agent may assign individual licensees (“sales associates”) to act soley on behalf of each party.  (The brokerage must have an office policy that ensures client confidences are protected.)  Where this is the case, the sales associate, or “assigned agent,” is not limited by the brokerage’s agency relationship with the other party, but instead has a duty to promote the best interest of the client that he or she is assigned to represent, including negotiating a price.  The designated broker (the licensee who supervises the sales associates in the brokerage firm) remains a limited dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients.  

      What to Look For in Any Agreement for Agency Representation:

      Whatever type of representation you choose, your written Agency Representation Agreement should answer these questions:

      • How will the brokerage be paid?
      • When will this Agreement expire?
      • What happens when a transaction is completed?
      • Can I cancel the Agreement, and if so, how?
      • Can I work with other brokerages during the time of the Agreement?  And what happens if I sell or buy on my own?
      • Am I willing to allow this brokerage to represent me and the other party in the same transaction? 

      Real Estate Licensees Are Not Inspectors:

      Even if you have a written agreement for agency representation, you should not expect the brokerage or its licensees to conduct an independent inspection of the property, or to independently verify any statement or representation made by any party to the transaction or other reasonably reliable sources (such as a licensed appraiser, home inspector, or the county assessor’s office).  Real estate licensees are entitled to reasonably rely on the statements of their clients and other third-party sources.  If the condition of the property is important to you, you should hire an appropriate professional, such as a home inspector, surveyor, or engineer.

      Idaho Real Estate Brokerage Representation Act:

      The specific duties owed by the real estate brokerage and its licensees to a customer or client are defined by the “Idaho Real Estate Brokerage Representation Act,” located at Idaho Code Section 54-2052, et seq.

      When you sign a real estate Purchase and Sale Agreement as a buyer or seller, you will be asked to confirm:

      1. that this disclosure was given to you and that you have read and understand its contents; and
      2. the agency relationship, if any, between you and the brokerage working with you. 

      NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

        Water Canyon Ranch

        A rare opportunity located in King County and the heart of the “big ranch” country of the Texas Rolling Plains, Water Canyon Ranch is a combination production ranch with excellent recreational appeal. The main ranch gate is located on the western boundary along a well-maintained gravel county road 1.5 miles from HWY 82. The west central portion of the ranch at approximately 1,800 feet of elevation is level to gently rolling with 200± acres of improved grass (WW B. Dahl Bluestem) planted on Class 2 soils and generally open areas of productive native range.

        NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

          Quail Sands Ranch

          The Quail Sands Ranch is 13 miles north of Aspermont, TX, three hours west of Fort Worth, just under two hours east of Lubbock, and only one hour north of Abilene. Situated in the Rolling Plains region of Texas, Quail Sands is named for the fine sandy soils on which it sits and this region’s history of strong production of wild bobwhite quail. When it comes to evaluating a quail hunting property, the first and likely most important criteria is the presence of fine sandy soils.

          NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

            Fiddle Creek

            Fiddle Creek acreage offers a highly productive irrigated ranch base in the very scenic Shields Valley, just 20 minutes from Livingston and 45 minutes from Bozeman, MT. The 668± acres are characterized by rolling terrain, lush irrigated fields, and cottonwood trees lining Fiddle Creek and other seasonal water courses. The views of the neighboring Crazy, Bridger, and Absaroka mountain ranges are spectacular. The ranch holds abundant water rights that provide for the irrigation of 463± acres, with approximately 387± acres sprinkler irrigated under three Valley pivots.

            Disclaimer: 

            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. 

            _____ of Hall and Hall is the exclusive agent of the Seller.

            NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

            Double Springs Ranch

            The 640± acre Double Springs Ranch is one of central Idaho’s premier properties. Located in the upper Pahsimeroi Valley 65 miles northeast of Sun Valley, the ranch is encircled by the majestic peaks of the Lemhi and Lost River ranges and surrounded by federal lands managed by the Bureau of Land Management (BLM). 

            Disclaimer: 

            Idaho brokerage disclosure

            The law requires all real estate licensees to perform certain basic duties when dealing with any real estate buyer or seller.  You can expect any real estate licensee you deal with to provide the following “customer-level” services:

            • To perform necessary and customary acts to assist you in the purchase or sale of real estate;
            • To perform these acts in good faith and with reasonable care;
            • To properly account for money or other property you place in his or her care; an
            • To disclose “adverse material facts” which are, or should be, within that licensee’s knowledge.  These include facts that would significantly affect the desirability or value of the property to a reasonable person, and facts that would indicate to a reasonable person that one of the parties cannot, or will not, complete his obligations under the contract.  (Note:  Idaho law exempts “psychological” impacts from this disclosure requirement.  See Section 55-2701, Idaho Code)

            Unless or until you enter a written agreement with the brokerage for agency representation, you are considered a “Customer” of the brokerage, and the brokerage will not act as your agent.  As a Customer, you should not expect the brokerage or its licensees to promote your best interest, or to keep your bargaining information confidential.

            Whenever you speak to a licensee who represents a party on the other side of the transaction, (e.g., you are seeking to buy the property, and the licensee represents the seller), you should assume that any information you provide will be shared with the other party.  

            If offered by the real estate brokerage, you may enter a written agreement for “Agency Representation,” requiring that the brokerage and its licensees act as an “Agent” on your behalf and promote your best interests as their “Client.”  Idaho law authorizes three types of Agency Representation. 

            Single Agency:

            If you enter a written agreement for Agency Representation, you, as a Client, can expect the real estate brokerage to provide the following services, in addition to the basic duties and obligations required of all licensees:

            • To perform the terms of your written agreement with skill and care;
            • To promote your best interest, in good faith, honest and fair dealing;
            • If you are the seller, this includes seeking a buyer to purchase your property at a price and under terms and conditions acceptable to you, and assisting in the negotiation thereof; and, upon your written request, asking for reasonable proof of a prospective buyer’s financial ability to purchase your property;
            • If you are the buyer, this includes seeking a property to purchase at an acceptable price, terms and conditions, and assisting in the negotiation thereof; and, when appropriate, advising you to obtain professional inspections of the property, or to seek appropriate tax, legal and other professional advice or counsel.
            • To maintain the confidentiality of specific client information, including bargaining information, even after the representation has ended.

            Limited Dual Agency:

            At a time you enter an agreement for Agency Representation, you may be asked to give written consent allowing the brokerage to represent both you and the other party in a transaction.  This “dual agency” situation can arise when, for example, the brokerage that represents you, the seller, also represents buyers who may be interested in purchasing your property.  When this occurs, it is necessary that the brokerage’s representation duties be “limited” because a buyer and seller have built-in conflicts of interest.  Most significantly, the buyer typically wants the property at the lowest price, while the seller wants top dollar.  As a “limited dual agent,” the brokerage and its licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning price negotiations, terms or factors motivation the client/buyer to buy or the client/seller to sell.  However, the brokerage must otherwise promote the best interests of both parties, perform the terms of the written representation agreement with skill and care, and perform all other duties required by law.

            Buyers and sellers alike often find it desirable to consent to limited dual agency:  buyers do not want the brokerage to be restricted in the search for suitable properties, and sellers do not want the brokerage to be restricted in the search for suitable buyers.  Thus, when all parties agree in writing, a brokerage may legally represent both the buyer and the seller in the same transaction, but only as a “limited dual agent.”

            Limited Dual Agency with Assigned Agents:

            In some situations, a brokerage that has obtained consent to represent both parties as a limited dual agent may assign individual licensees (“sales associates”) to act soley on behalf of each party.  (The brokerage must have an office policy that ensures client confidences are protected.)  Where this is the case, the sales associate, or “assigned agent,” is not limited by the brokerage’s agency relationship with the other party, but instead has a duty to promote the best interest of the client that he or she is assigned to represent, including negotiating a price.  The designated broker (the licensee who supervises the sales associates in the brokerage firm) remains a limited dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients.  

            What to Look For in Any Agreement for Agency Representation:

            Whatever type of representation you choose, your written Agency Representation Agreement should answer these questions:

            • How will the brokerage be paid?
            • When will this Agreement expire?
            • What happens when a transaction is completed?
            • Can I cancel the Agreement, and if so, how?
            • Can I work with other brokerages during the time of the Agreement?  And what happens if I sell or buy on my own?
            • Am I willing to allow this brokerage to represent me and the other party in the same transaction? 

            Real Estate Licensees Are Not Inspectors:

            Even if you have a written agreement for agency representation, you should not expect the brokerage or its licensees to conduct an independent inspection of the property, or to independently verify any statement or representation made by any party to the transaction or other reasonably reliable sources (such as a licensed appraiser, home inspector, or the county assessor’s office).  Real estate licensees are entitled to reasonably rely on the statements of their clients and other third-party sources.  If the condition of the property is important to you, you should hire an appropriate professional, such as a home inspector, surveyor, or engineer.

            Idaho Real Estate Brokerage Representation Act:

            The specific duties owed by the real estate brokerage and its licensees to a customer or client are defined by the “Idaho Real Estate Brokerage Representation Act,” located at Idaho Code Section 54-2052, et seq.

            When you sign a real estate Purchase and Sale Agreement as a buyer or seller, you will be asked to confirm:

            1. that this disclosure was given to you and that you have read and understand its contents; and
            2. the agency relationship, if any, between you and the brokerage working with you. 

            NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

              Salmon Creek Farm

              Salmon Creek Farm is a lovely 67± acre river property set in the Snake River Canyon ten minutes from Hagerman, Idaho.  With this location, an owner enjoys a mild four-season climate in one of the state’s most coveted outdoor recreation areas.  The farm features over a half-mile of frontage on the Snake River and Salmon Falls Creek and 50± acres of sprinkler-irrigated cropland and horse pasture.

              Disclaimer: 

              Idaho brokerage disclosure

              The law requires all real estate licensees to perform certain basic duties when dealing with any real estate buyer or seller.  You can expect any real estate licensee you deal with to provide the following “customer-level” services:

              • To perform necessary and customary acts to assist you in the purchase or sale of real estate;
              • To perform these acts in good faith and with reasonable care;
              • To properly account for money or other property you place in his or her care; an
              • To disclose “adverse material facts” which are, or should be, within that licensee’s knowledge.  These include facts that would significantly affect the desirability or value of the property to a reasonable person, and facts that would indicate to a reasonable person that one of the parties cannot, or will not, complete his obligations under the contract.  (Note:  Idaho law exempts “psychological” impacts from this disclosure requirement.  See Section 55-2701, Idaho Code)

              Unless or until you enter a written agreement with the brokerage for agency representation, you are considered a “Customer” of the brokerage, and the brokerage will not act as your agent.  As a Customer, you should not expect the brokerage or its licensees to promote your best interest, or to keep your bargaining information confidential.

              Whenever you speak to a licensee who represents a party on the other side of the transaction, (e.g., you are seeking to buy the property, and the licensee represents the seller), you should assume that any information you provide will be shared with the other party.  

              If offered by the real estate brokerage, you may enter a written agreement for “Agency Representation,” requiring that the brokerage and its licensees act as an “Agent” on your behalf and promote your best interests as their “Client.”  Idaho law authorizes three types of Agency Representation. 

              Single Agency:

              If you enter a written agreement for Agency Representation, you, as a Client, can expect the real estate brokerage to provide the following services, in addition to the basic duties and obligations required of all licensees:

              • To perform the terms of your written agreement with skill and care;
              • To promote your best interest, in good faith, honest and fair dealing;
              • If you are the seller, this includes seeking a buyer to purchase your property at a price and under terms and conditions acceptable to you, and assisting in the negotiation thereof; and, upon your written request, asking for reasonable proof of a prospective buyer’s financial ability to purchase your property;
              • If you are the buyer, this includes seeking a property to purchase at an acceptable price, terms and conditions, and assisting in the negotiation thereof; and, when appropriate, advising you to obtain professional inspections of the property, or to seek appropriate tax, legal and other professional advice or counsel.
              • To maintain the confidentiality of specific client information, including bargaining information, even after the representation has ended.

              Limited Dual Agency:

              At a time you enter an agreement for Agency Representation, you may be asked to give written consent allowing the brokerage to represent both you and the other party in a transaction.  This “dual agency” situation can arise when, for example, the brokerage that represents you, the seller, also represents buyers who may be interested in purchasing your property.  When this occurs, it is necessary that the brokerage’s representation duties be “limited” because a buyer and seller have built-in conflicts of interest.  Most significantly, the buyer typically wants the property at the lowest price, while the seller wants top dollar.  As a “limited dual agent,” the brokerage and its licensees cannot advocate on behalf of one client over the other, and cannot disclose confidential client information concerning price negotiations, terms or factors motivation the client/buyer to buy or the client/seller to sell.  However, the brokerage must otherwise promote the best interests of both parties, perform the terms of the written representation agreement with skill and care, and perform all other duties required by law.

              Buyers and sellers alike often find it desirable to consent to limited dual agency:  buyers do not want the brokerage to be restricted in the search for suitable properties, and sellers do not want the brokerage to be restricted in the search for suitable buyers.  Thus, when all parties agree in writing, a brokerage may legally represent both the buyer and the seller in the same transaction, but only as a “limited dual agent.”

              Limited Dual Agency with Assigned Agents:

              In some situations, a brokerage that has obtained consent to represent both parties as a limited dual agent may assign individual licensees (“sales associates”) to act soley on behalf of each party.  (The brokerage must have an office policy that ensures client confidences are protected.)  Where this is the case, the sales associate, or “assigned agent,” is not limited by the brokerage’s agency relationship with the other party, but instead has a duty to promote the best interest of the client that he or she is assigned to represent, including negotiating a price.  The designated broker (the licensee who supervises the sales associates in the brokerage firm) remains a limited dual agent for both clients, and ensures the assigned agents fulfill their duties to their respective clients.  

              What to Look For in Any Agreement for Agency Representation:

              Whatever type of representation you choose, your written Agency Representation Agreement should answer these questions:

              • How will the brokerage be paid?
              • When will this Agreement expire?
              • What happens when a transaction is completed?
              • Can I cancel the Agreement, and if so, how?
              • Can I work with other brokerages during the time of the Agreement?  And what happens if I sell or buy on my own?
              • Am I willing to allow this brokerage to represent me and the other party in the same transaction? 

              Real Estate Licensees Are Not Inspectors:

              Even if you have a written agreement for agency representation, you should not expect the brokerage or its licensees to conduct an independent inspection of the property, or to independently verify any statement or representation made by any party to the transaction or other reasonably reliable sources (such as a licensed appraiser, home inspector, or the county assessor’s office).  Real estate licensees are entitled to reasonably rely on the statements of their clients and other third-party sources.  If the condition of the property is important to you, you should hire an appropriate professional, such as a home inspector, surveyor, or engineer.

              Idaho Real Estate Brokerage Representation Act:

              The specific duties owed by the real estate brokerage and its licensees to a customer or client are defined by the “Idaho Real Estate Brokerage Representation Act,” located at Idaho Code Section 54-2052, et seq.

              When you sign a real estate Purchase and Sale Agreement as a buyer or seller, you will be asked to confirm:

              1. that this disclosure was given to you and that you have read and understand its contents; and
              2. the agency relationship, if any, between you and the brokerage working with you. 

              NOTICE: Offering is subject to errors, omissions, prior sale, change or withdrawal without notice, and approval of purchase by owner. Information regarding land classifications, acreages, carrying capacities, potential profits, etc., are intended only as general guidelines and have been provided by sources deemed reliable, but whose accuracy we cannot guarantee. Prospective buyers should verify all information to their satisfaction. Prospective buyers should also be aware that the photographs in this brochure may have been digitally enhanced.

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