- to the best of their abilities in order to achieve the highest sales price feasible for the Seller. The Broker shall make all attempts to transfer the Property to a qualified Buyer and shall follow-up with every effort to ensure such result is to the benefit of the Seller.
- 17. SELLER’S DUTIES. The Seller agrees to make a reasonable effort to accommodate the Broker, including, but not limited to, open houses, showings, Buyer appointments, inspections, testing, and any other requests regarding the use of the Property. When receiving offers, the Seller agrees, in good faith, to consider all proposals, letters, or similar contracts presented by the Broker. The Seller shall be the only party responsible for determining the Purchase Price or any price for the sale of the Property.
- 18. INDEMNIFICATION. The Seller agrees to indemnify the Agency and hold harmless from any and all claims, which may lead to a dispute, due to any false information provided. Such indemnification shall include the Seller’s reimbursement to the Agency for any attorneys’ fees arising from any dispute brought against the Agency.
- 19. EARNEST MONEY. The Seller authorizes the Agency to handle Buyer’s funds and deposit in an escrow account in accordance with Arizona law (the “Earnest Money”). The Agency is (3rd) authorized to act as a third party when accepting or holding, on the Seller’s behalf, deposits made on behalf of a prospective Buyer. In the event a counteroffer is not accepted, the Earnest Money shall be returned to the Buyer without a signed release. If a purchase contract is signed and accepted by the Buyer and the Seller without a closing or transfer and recording of the deed, a separate mutual release signed by the Buyer and the Seller will be required before the Earnest Money is disbursed. In the event of a disagreement by either the Buyer or the Seller in regard to the release of Earnest Money, the Agency must withhold its release until there is mutual agreement or an order has been administered of proper jurisdiction.
- 20. PROPERTY DISCLOSURE STATEMENT. In accordance with Arizona law, it is required that the Seller complete the Property Disclosure Statement to the best of their ability and provide true, factual, and accurate information. If required, the Agency shall be required to disclose any information provided in the Property Disclosure Statement to any prospective Buyer or their agent including facts that may materially affect the value of the Property.
- a) Property Condition. The Seller hereby authorizes the Agency and all cooperating licensees to disclose to a prospective Buyer, to the extent as required by law, any defects known to them, latent or otherwise. The Seller acknowledges that licensees do not have the responsibility to discover latent defects on the Property or to advise on matters outside the scope of their licenses.
- 21. LEAD-BASED PAINT. The Seller represents that, to the best of their knowledge, the structure on the Property or any portion thereof, was not constructed before January 1, 1978. The Seller acknowledges that, if the residence was constructed prior to January 1, 1978, there is a requirement to provide any Buyer an EPA-approved lead hazard information pamphlet making certain disclosures regarding the presence of any known lead-based paint or other lead-based paint hazards on the Property, unless the Buyer waives their rights in writing. If any structure was constructed prior to January 1, 1978, the Buyer shall have a ten (10) day period to conduct a risk assessment or inspection of the Property to seek any presence of lead-based paint or any lead-based paint hazards.