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Howard Hanna SB Real Estate INDIANADisclosure Regarding Real Estate Agency Relationships ConsumerAgency Disclosure. Indiana law (I.C. 25-34.1-10-9.5) provides that a Licensee has an agency relationship with, and is rep resenting, the individual with whom th a Licensee is working unless (1) there is a written ag reement to the contrary; o r (2) the Licensee is merely assisting the individual as a customer without compensation. Seller's Agent Your Howard Han na SB Real Estate sales associate represents th e interests of the Seller as a Seller's ag en t to sell th e Pro p e rty and owes ddies oftrust, loyalty, confidentiality, accounting and d isclosure to the Seller. However, the sales associate mus t deal h o n estly with a buyer and d isclose information to th e buyer about the Pro perty. All representations mad e by th e sales associate abo ut the Pro perty are made as the ag ent ofthe Seller. Selleris further ad vised that the Property may be sold with the assistance of other sales associates working as buyer agents and that Howard Hanna SB Real Estate company policy is to cooperate with and co mpensate buyer agents. Buyer agents are sales associates who showthe Pro perty to p rospective buyers, but who rep resent only the interests of the buyer. Buyer agents owe duties of trust, loyalty, confidentiality, accounting and disclosure to buyers. All representations made by buyer agents about the Property are not made as the agent of the Seller. Buyer's Agent Your Howard Hanna SB Real Estate sales associate represents the interests of the Buyeras a Buyer's agent when showing another company's listing. Your sales associate owes duties of trust, loyalty, confidentiality, accounting and disclosure to the Buyer. However, your sales associate must d eal honestly with a seller. All representationsmade by the sales associate are mad e as the agent of the Buyer. Limited Agency Disclosure/Authorization. Seller's Agent/Limited Agency. Your Howard Hanna SB Real Estate associate or the principal or managing broker may personally represent a buyer as a buyer's agent. If such a Buyer wishes to see your property listed by Howard Hanna SB Real Estate, then your Howard Hanna SB Real Estate associate becomes a Limited Agent and has agency duties to both Seller and Buyer which may be d ifferent or even adverse. Buyer's Agent/Limited Agency. Your Howard Hanna SB Real Estate associate or the principal or managing broker may personally represent a seller as a seller's agent in the case of a property listed with Howard Hanna SB Real Estate. If you wish to seethis property, your sales associate would by law, becomea Limited Agent and have agency duties to both Buyer and Seller which may be different or even adverse. If limited ag ency arises, Licensee shall not disclose the following without the informed consent, in writing, of both Seller and Buyer: (a) An y material or confidential information, except adverse material facts o r risks actually known by Licensee concerning the physical condition ofthe Property and facts required by statute, rule, or regulation to be d isclosed and that could not bed iscovered by a reasonable and timely inspection of the Property by the parties. (b)That a Buyer will pay more than the offered purchase price for the Property. (c) That Seller will accept less than the listed price for the Property. (d)Otherterms that would create a contractual advantage for one party over another party. (e)What motivates a party to buy or sell the Property. In a limited agency situation, the parties ag ree that there will be no imputation of knowledge or information between any party and the limited agent or among Licensees. Required Duties Disclosure. Indiana law(I.C. 25-34.1-1-10-9.5) provides that a Licensee must perform at least the following duties for the Seller or Buyer.: (1)Be available to receive and timely present offers and counteroffers for the property (2)Assist in negotiating, completing real estate forms, communicating, and timely presenting offers, counteroffers, notices, and various addenda relating to the offers and counteroffers until (A) a purchase agreement is signed; and (B) all contingencies are satisfied or waived. (3)Timely respond to q uestions relating to offers, counteroffers, notices, various addenda, and contingencies pertaining to the subject property. If a Licensee fails to perform the above d uties, and anotherLicensee performs those d uties on behalf of or at the request of the Seller, than the performance of those duties by theother Licensee does not constitute an agency relationsh ip. Further, a Licensee may lawfully perform duties in addition to those set forth above on behalf of or at the request of the Seller. A Licensee's d uties in a real estate transaction set fo rth i n this office policy d o not relieve the Seller from the responsibility to protect h is/her own interests. The Seller should carefully read al I documents to assure they ad equately reflect the Seller's understanding of the transaction. If legal, tax or other expert advice is desired, the Seller should consult a qualified professional.