- purchase of the Property, such non-refundable payment(s) shall be distributed equally between the Seller and the Agency up to the commission amount the Agency would have collected if the Property had sold under the agreed upon terms. If the Property is sold afterward to the same or different Buyer, the Agency shall be entitled to a Commission less payments received under this Section.
- 12. FAIR HOUSING. The Agency is committed to compliance with all laws as well as the philosophy of fair housing for all people. The Agency will present the Property to all prospective Buyers in compliance with local, State, and Federal Fair Housing laws against discrimination on the basis of race, color, religion, sex, national origin, handicap, age, marital status and/or familial status, children, or other prohibited factors.
- 13. OWNERSHIP. The Seller warrants and acknowledges to be the owner of the Property and that no other individuals or entities have title. The Seller has the authority as owner to execute this Agreement and sell the Property.
- 14. MULTIPLE LISTING SERVICE (MLS). Due to rules administered by the local Multiple Listing Service (“MLS”), all details of any transaction that are procured by the Agency may be used for publication in the MLS. Seller hereby consents to such publication on an unrestricted basis whereas the Agency must comply with all applicable MLS rules to allow data about the Property to be shown and made available by the MLS in addition to other internet websites. MLS rules generally provide that any property entered into its database be updated within forty-eight (48) hours, or some other period of time, after all necessary signatures have been obtained in regard to the Property. The Seller has the right to prohibit any and all publication of information in regard to a transfer of the Property. In order to exercise this right, the Seller is required to authorize a separate addendum provided by the Agency and attach to this Agreement.
- 15. SELLER ACKNOWLEDGMENTS. The Seller represents, warrants, and guarantees that the Seller has complete authority to sell the Property and convey title. The Seller has personally reviewed this Agreement, including any Property Disclosure Statement, and any other addendums, exhibits, or attachments relating to the description and physical condition of the Property were provided by the Seller and are accurate and complete to the best of the Seller’s knowledge.
- a) Other Acknowledgments. The Seller acknowledges, unless otherwise stated in this Agreement or other written statement, that the Seller is unaware of the following:
- i) Any type of default that has been recorded against the Property;
- ii) Any type of financial delinquency which used the Property as security;
- iii) Any type of bankruptcy or insolvency involving the Seller or affecting the Property; and
- iv) Any type of mediation, arbitration, litigation, or any proceeding where an institution, public or private, has action pending against the Property which includes the Seller’s ability to sell the Property.

The Seller agrees to notify the Agency immediately if any of the aforementioned issues should arise during the Listing Period.

- 16. BROKER’S DUTIES. The Broker agrees to exercise all reasonable efforts while providing a fiduciary duty to act in the best interests of the Seller. The Broker shall market the Property