|
62 (B) BROKER'S COMMISSION. The brokers commission charged by the listing Broker for services rendered, with respect to any
<br />63 listing, is solely a matter of negotiation between Broker and Seller and is not fixed, controlled, suggested recommended or
<br />64 maintained by the Indiana Association of REALTORS®, Inc., the local Board/Association of REALTORS®, the MLS (if
<br />65 applicable) or any person not a party to the contract. SELLER HAS BEEN ADVISED OF BROKER'S COOPERATIVE
<br />66 COMPENSATION POLICY.
<br />67
<br />68 Seller shall pay in cash to Broker for services a total commission as follows:
<br />69
<br />70 1 . 7.000 % of the selling /exchange price or option selling price, not less than $ 2.000.00
<br />71
<br />72 2. In the event of a purchase option, the ller agrees to compensate Broker ,(/�� %,
<br />73 of the consideration paid for an Option to Purchase.
<br />74 3. In the event of a lease, the Seller agrees to compensate Broker �tv�ip %
<br />75 of all amounts to be paid by a lessee to Seller over the term of the ease.
<br />76 4. Other. N/A
<br />77
<br />78
<br />79 (C) COMMISSION IS LIEN; ATTORNEY FEES. For purposes of this contract, the parties understand and agree that Brokers
<br />80 commission is deemed to be a share of the purchase money received by Seller, and Broker shall have a lien on the funds and
<br />81 a lien upon the Property until the commission is paid. If any action is filed in relation to this Listing Contract, the unsuccessful
<br />82 party shall pay to the successful party a reasonable sum for the successful party's attorney's fees and court costs.
<br />83
<br />84 (D) EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in an
<br />85 escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker to keep
<br />86 any earnest money deposits up to the amount the commission would have been if the sale was completed in payment for
<br />87 Brokers expenses, services and advertising.
<br />88
<br />89 (E) MLS INFO (IF APPLICABLE). It is understood that the Broker may rely on the validity of the data pertaining to this Listing
<br />90 Contract which has been provided by the Seller, and the Seller agrees that Broker may disclose the data to a multiple
<br />91 listing service ("MLS'), Internet or any advertising media and that the Broker may furnish notice to a MLS or other provider
<br />92 of all changes of information concerning the Property.
<br />93
<br />94 (F) INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Sellers
<br />95 Residential Real Estate Sales Disclosure Form (if applicable) is true and correct, and that Seller is the owner of the Property
<br />96 or is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further
<br />97 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to
<br />98 indemnify, actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses
<br />99 including attorney fees and costs, arising from incorrect information or failure to supply material information regarding the
<br />100 Property, including, but not limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in
<br />101 structure, mold and/or other environmental conditions or hazards, location of property lines, public and private restrictions on
<br />102 the use of the Property, any loss or liability in conjunction with this agreement or with Broker or other licensees showing the
<br />103 Property including, but not limited to, injuries suffered by other licensees or prospective buyers.
<br />104
<br />105 (G) ENVIRONMENTAL CONTAMINANTS ADVISORY /RELEASE. Seller acknowledges that Listing Broker, Selling Broker and all
<br />106 salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to
<br />107 the evaluation or existence of possible lead -based paint, radon, mold and other biological contaminants ("Environmental
<br />108 Contaminants ") which might exist and affect the Property. Environmental Contaminants at harmful levels may cause property
<br />109 damage and serious illness, including but not limited to, allergic and /or respiratory problems, particularly in persons with
<br />110 immune system problems, young children and /or the elderly.
<br />111
<br />112 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and releases
<br />113 and holds harmless all Brokers, their companies and sales associates from any and all liability, including attorney's
<br />114 fees and costs, arising out of or related to any Inspection, inspection result, repair, disclosed defect or deficiency
<br />115 affecting the Property, including Environmental Contaminants. This release shall survive the closing.
<br />116
<br />117 (H) AGENCY DISCLOSURES.
<br />118
<br />119 1. Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.
<br />120
<br />121 2. Agency Relationship. I.C. 25- 34.1 - 10-9.5 provides that a Licensee has an agency relationship with, and is
<br />122 representing, the individual with whom the Licensee is working unless (1) there is a written agreement to the contrary;
<br />123 or (2) the Licensee is merely assisting the individual as a customer without compensation. Licensee(Broker)
<br />124 represents the interests of the Seller as Sellers agent to sell the Property. Licensee owes duties of trust, loyalty,
<br />125 confidentiality, accounting and disclosure to the Seller. However, Licensee must deal honestly with a buyer and
<br />126 disclose to the buyer information about the Property. All representations made by Licensee about the Property are
<br />126 made as the agent of the Seller.
<br />620 COLUMIA SOUTH BEND 46618
<br />(Property ress
<br />Page 2 of 4 (Listing Contract)
<br />Produced with ZipForm® by zipLogix 18070 Fifteen We Road, Fraser, Michigan 48026 www zioLgag corn H.D.C. 2011
<br />
|