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106 F. EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in
<br />107 an escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker
<br />108 to keep any earnest money deposits up to the amount the commission would have been if the sale was completed in
<br />109 payment for Broker's expenses, services and advertising.
<br />110
<br />111 G. LISTING SERVICE INFORMATION (IF APPLICABLE). It is understood that the Broker may rely on the validity
<br />112 of the data pertaining to this Listing Contract which has been provided by the Seller, and the Seller agrees that Broker
<br />113 may disclose the data to a listing service, Internet or any advertising media and that the Broker may furnish notice
<br />114 to a listing service or other provider of all changes of information concerning the Property. Seller has been advised
<br />115 of the benefits of marketing a property through a listing service. Excluding a property from a listing service may
<br />116 result in a lower number of offers received and lower sales price.
<br />117
<br />118 H. INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Seller's Residential
<br />119 Real Estate Sales Disclosure Form (if applicable) and the information provided for the listing is true and correct, and
<br />120 that Seller is the owner of the Property or is the authorized agent(s) of the true owner with complete and full authority
<br />121 to act on behalf of the owner(s). Seller further warrants that no other listing contract is now in force with any other
<br />122 broker. The Seller(s) or authorized agent(s) agree to indemnify, actively defend and hold Broker, Company and its
<br />123 agents harmless from any damages, Toss, liability and expenses including attorney fees and costs, arising from
<br />124 incorrect information or failure to supply material information regarding the Property, including, but not limited to the
<br />125 condition of appliances, heating, plumbing, electrical, sewage, major defects in structure, mold and/or other
<br />126 environmental conditions or hazards, location of property lines, public and private restrictions on the use of the
<br />127 Property, any loss or liability in conjunction with this agreement or with Broker or other licensees showing the
<br />128 Property including, but not limited to, injuries suffered by other licensees or prospective buyers.
<br />129
<br />130 I. ENVIRONMENTAL CONTAMINANTS ADVISORY/RELEASE. Seller acknowledges that Listing Broker, Selling
<br />131 Broker and all licensees associated with Brokers are NOT experts and have NO special training, knowledge or
<br />132 experience with regard to the evaluation or existence of possible lead -based paint, radon, mold and other biological
<br />133 contaminants ("Environmental Contaminants") which might exist and affect the Property. Environmental
<br />134 Contaminants at harmful levels may cause property damage and serious illness, including but not limited to, allergic
<br />135 and/or respiratory problems, particularly in persons with immune system problems, young children and/or the
<br />136 elderly.
<br />137
<br />138 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and
<br />139 releases and holds harmless all Brokers, their companies and licensees from any and all liability, including
<br />140 attorney's fees and costs, arising out of or related to any inspection, inspection result, repair, disclosed
<br />141 defect or deficiency affecting the Property, including Environmental Contaminants. This release shall
<br />142 survive the closing.
<br />143
<br />144 J. AGENCY DISCLOSURES
<br />145
<br />146 1. Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.
<br />147
<br />148 2. Agency Relationship. I.C. 25-34.1-10-9.5 provides that a Licensee has an agency relationship with, and is
<br />149 representing, the individual with whom the Licensee is working unless (1) there is a written agreement to the
<br />150 contrary; or (2) the Licensee is merely assisting the individual as a customer without compensation. Licensee
<br />151 (Broker) represents the interests of the Seller as Seller's agent to sell the Property. Licensee owes duties of
<br />152 trust, loyalty, confidentiality, accounting and disclosure to the Seller. The duties of accounting and
<br />153 confidentiality extend beyond the agency relationship unless disclosure of confidential information is required
<br />154 by law, becomes public or the client gives written consent to disclose. However, Licensee must deal honestly
<br />155 with a buyer and disclose to the buyer information about the Property. All representations made by Licensee
<br />156 about the Property are made as the agent of the Seller. Seller is advised that the Property may be sold with
<br />157 the assistance of other Licensees working as buyer agents and that Licensee's company policy is to
<br />158 cooperate with buyer agents. Buyer agents are Licensees who show the Property to prospective buyers,
<br />159 but who represent only the interests of the buyer. Buyer agents owe duties of trust, loyalty, confidentiality,
<br />160 accounting and disclosure to buyers. All representations made by buyer agents about the Property are
<br />161 not made as the agent of the Seller.
<br />414 North William Street, South Bend, IN 46601
<br />{Property Address)
<br />Page 3 of 6 (Listing Agreement)
<br />COPYRIGHT IAR 2025
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