|
CONDITION OF PROPERTY: Owner represents that to the best of his knowledge, the heating, cooling, electrical, roof,
<br />septic system, well and plumbing systems in the improvements on the real estate and all other functioning systems, and/or
<br />equipment to be included in the sale of his real estate, are now in good operating order or will be on the date of closing,
<br />except as follows:
<br />Owner warrants that the property ® is ❑ is not connected to a municipal sewer system.
<br />ENVIRONMENTAL: Owner represents to Broker that all environmental problems affecting the Premises have been
<br />disclosed to Broker in writing. Owner acknowledges and agrees that Broker has not made any representation or warranty with
<br />respect to, nor conducted any investigation of, the environmental condition or suitability for any particular use of the Premises
<br />or any adjacent property and that Broker has no duty or obligation to Owner, any prospective purchaser or lessee or other
<br />person or entity to make any such investigation, warranty or representation and does not by this Agreement incur any such
<br />obligation. Owner further acknowledges and agrees that any obligation which may exist with regard to compliance with
<br />statutes, ordinances and regulations relating to the environmental condition of all or any part of the Premises, or the use
<br />thereof, is the sole responsibility of the Owner. Owner acknowledges that Broker has advised Owner of the potential risk of
<br />environmental issues affecting the Premises by letter or verbally prior to entering into this Agreement. Owner agrees to
<br />indemnify and hold Broker harmless against any liability, expense, cost, attorney's fees or other fees which Broker may incur
<br />as a result of any environmental problems associated with the Premises.
<br />10. MLS INFO: It is understood that the Broker may rely on the validity of the data pertaining to this Listing Contract which has
<br />been provided by the Owner, and the Owner agrees that the broker may disclose such data to the Loopnet service, and that the
<br />Broker will furnish notice to such entity of all changes of information concerning the subject property as agreed by the
<br />Owner, and that upon completion of a signed Contract to Purchase on said property, the Broker will notify the Loopnet
<br />service of said sale and authorize the dissemination of sales information.
<br />11. BROKER'S SERVICES: It is understood by the Owner that the services of the Broker herein are to use his best efforts to find
<br />a purchaser for the real estate above described during the term of this Contract and that the Broker is not and shall not be
<br />charged with the responsibility for the custody, management, care, maintenance, protection or repair of the real estate and
<br />improvements nor for the protection or custody of the personal property located therein. The Broker is hereby authorized to
<br />put a "AVAILABLE" sign on said real estate, and the broker is further authorized to advertise Owner's property as broker
<br />deems advisable in the local newspaper or other mediums of advertisement and further authorized to take and use photographs
<br />and video of the interior and exterior of the property.
<br />It is agreed the Broker, Subagent or Buyer- Broker or his representative and all prospective purchasers shall at all reasonable
<br />times have access to said premises and appurtenances located thereon for the purpose of showing or inspecting same.
<br />12. AUTHORITY TO OBTAIN MORTGAGE INFORMATION: The Owner does hereby authorize the lending institution with
<br />whom the Owner presently has a mortgage to divulge any mortgage information required by the Broker.
<br />13. FAIR HOUSING: This property is offered for sale without regard to race, color, religion, sex, handicap, familial status or
<br />national origin in accordance with state and federal laws.
<br />14. INDEMNIFICATION: This information is true and correct to the best of Owner's knowledge and is provided for the purpose
<br />of being relied upon. In the event any dispute arises concerning the condition of said real estate or any equipment contained
<br />therein, or arises from incorrect, misrepresented or withheld information, the Owner hereby agrees to and does indemnify and
<br />hold the Broker and his agents and subagents harmless from any and all claims, demands, damages, suits, liabilities, cost or
<br />expense, including reasonable attorney's fees incurred and arising out of all such disputes other than disputes arising out of
<br />defects in the real estate specifically set forth in the foregoing exceptions. In the event of the transfer of any interest in the
<br />above described real estate to another party, this provision shall survive such passing of interest. The Owner herewith
<br />Provides detailed information respecting said property for the Broker's use and for the use of the Indiana Board of Realtors
<br />and its subscribers, which said information is incorporated herein and made a part hereof by reference.
<br />15. ARBITRATION: Any dispute out of this Contract shall, at the option of either party, be settled by binding arbitration.
<br />Within ten (10) days after either party shall request arbitration in writing, the parties shall agree upon an impartial arbitrator,
<br />and failing agreement, sub arbitrator shall be selected by the American Arbitration Association at the request of either party.
<br />The arbitration shall be conducted in St. Joseph County, Indiana, in accordance with the then current toles of the American
<br />Arbitration Association, and judgment upon the award granted by the arbitrator may be entered in any court in St. Joseph
<br />County, Indiana. Fees, costs, and expenses of the arbitrator, as well as the reasonable attorney fees and other costs and
<br />expenses of the arbitration incurred by the prevailing party, shall be born by the party against whom the arbitration shall be
<br />determined, or such proportions as the arbitrator shall designate.
<br />16. ENFORCEMENT OF AGREEMENT: The Owner shall pay upon demand all the broker's costs, charges, and expenses,
<br />including reasonable fees of attorneys, agents, and others retained by the broker incurred in enforcing the Owner's obligations
<br />hereunder or incurred by the broker in any litigation, negotiation, arbitration, or transaction involving the Owner in which the
<br />broker becomes involved or concerned without the broker's fault.
<br />
|