Common use of INFORMATION REGARDING PROPERTY Clause in Contracts

INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Seller's Residential Real Estate Sales 95 Disclosure Form (if applicable) and the information provided for the listing is true and correct, and that Seller is the owner of the 96 Property 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 97 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to indemnify, 98 actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses including attorney 99 fees and costs, arising from incorrect information or failure to supply material information regarding the Property, including, but not 100 limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in structure, mold and/or other environmental 101 conditions or hazards, location of property lines, public and private restrictions on the use of the Property, any loss or liability in 102 conjunction with this agreement or with Broker or other licensees showing the Property including, but not limited to, injuries suffered by 103 other licensees or prospective buyers. 104 105 G. ENVIRONMENTAL CONTAMINANTS ADVISORY/RELEASE. Seller acknowledges that Listing Broker, Selling Broker and all licensees 106 associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to the evaluation or 107 existence of possible lead-based paint, radon, mold and other biological contaminants ("Environmental Contaminants") which might 108 exist and affect the Property. Environmental Contaminants at harmful levels may cause property damage and serious illness, including 109 but not limited to, allergic and/or respiratory problems, particularly in persons with immune system problems, young children and/or the 110 elderly. 111 112 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and releases and 113 holds harmless all Brokers, their companies and licensees from any and all liability, including attorney's fees and costs, 114 arising out of or related to any inspection, inspection result, repair, disclosed defect or deficiency affecting the Property, 115 including Environmental Contaminants. This release shall survive the closing. 116 117 H. AGENCY DISCLOSURES. 118

Appears in 2 contracts

Samples: Listing Contract, Listing Contract

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INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Seller's 87 Residential Real Estate Sales 95 Disclosure Form (if applicable) and the information provided for the listing is true and correct, and that Seller is the owner of the 96 Property or 88 is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further 97 89 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to 90 indemnify, 98 actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses 91 including attorney 99 fees and costs, arising from incorrect information or failure to supply material information regarding the 92 Property, including, but not 100 limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in 93 structure, mold and/or other environmental 101 conditions or hazards, location of property lines, public and private restrictions on 94 the use of the Property, any loss or liability in 102 conjunction with this agreement or with Broker or other licensees showing the 95 Property including, but not limited to, injuries suffered by 103 other licensees or prospective buyers. 104 105 G. 96 97 (G) ENVIRONMENTAL CONTAMINANTS ADVISORY/RELEASE. Seller acknowledges that Listing Broker, Selling Broker and all licensees 106 98 salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to 99 the evaluation or 107 existence of possible lead-based paint, radon, mold and other biological contaminants ("Environmental 100 Contaminants") which might 108 exist and affect the Property. Environmental Contaminants at harmful levels may cause property 101 damage and serious illness, including 109 but not limited to, allergic and/or respiratory problems, particularly in persons with 102 immune system problems, young children and/or the 110 elderly. 111 112 103 104 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and releases 105 and 113 holds harmless all Brokers, their companies and licensees sales associates from any and all liability, including attorney's 106 fees and costs, 114 arising out of or related to any inspection, inspection result, repair, disclosed defect or deficiency 107 affecting the Property, 115 including Environmental Contaminants. This release shall survive the closing. 116 117 H. 108 109 (H) AGENCY DISCLOSURES. 118110

Appears in 1 contract

Samples: Listing Contract

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INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Seller's Residential Real 114 Estate Sales 95 Disclosure Form (if applicable) and the information provided for the listing is true and correct, and that 115 Seller is the owner of the 96 Property or is the authorized agent(s) of the true owner with complete and full authority to 116 act on behalf of the owner(s). Seller further 97 warrants that no other listing contract is now in force with any other 117 broker. The Seller(s) or authorized agent(s) agree to indemnify, 98 actively defend and hold Broker, Company and its 118 agents harmless from any damages, loss, liability and expenses including attorney 99 fees and costs, arising from 119 incorrect information or failure to supply material information regarding the Property, including, but not 100 limited to the 120 condition of appliances, heating, plumbing, electrical, sewage, major defects in structure, mold and/or other 121 environmental 101 conditions or hazards, location of property lines, public and private restrictions on the use of the 122 Property, any loss or liability in 102 conjunction with this agreement or with Broker or other licensees showing the 123 Property including, but not limited to, injuries suffered by 103 other licensees or prospective buyers. 104 105 124 125 G. ENVIRONMENTAL CONTAMINANTS ADVISORY/RELEASE. Seller acknowledges that Listing Broker, Selling 126 Broker and all licensees 106 associated with Brokers are NOT experts and have NO special training, knowledge or 127 experience with regard to the evaluation or 107 existence of possible lead-based paint, radon, mold and other biological 128 contaminants ("Environmental Contaminants") which might 108 exist and affect the Property. Environmental 129 Contaminants at harmful levels may cause property damage and serious illness, including 109 but not limited to, allergic 130 and/or respiratory problems, particularly in persons with immune system problems, young children and/or the 110 131 elderly. 111 112 132 133 Seller agrees to consult with appropriate experts and accepts all risks for Environmental Contaminants and 134 releases and 113 holds harmless all Brokers, their companies and licensees from any and all liability, including 135 attorney's fees and costs, 114 arising out of or related to any inspection, inspection result, repair, disclosed 136 defect or deficiency affecting the Property, 115 including Environmental Contaminants. This release shall 137 survive the closing. 116 117 H. AGENCY DISCLOSURES. 118138

Appears in 1 contract

Samples: Listing Contract

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