When can a broker have indemnification from the seller?

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A broker can seek indemnification from the seller in instances of misrepresentation. This occurs when a seller provides false or misleading information about the property that affects its sale. If the seller misrepresents the condition of the property, its history, legal status, or other material facts, and this results in a loss or legal action against the broker, the broker may have the right to seek indemnification.

Indemnification is a legal term that refers to the protection against financial loss. In this context, if a seller's misrepresentation leads to claims from buyers or other parties, the broker can potentially hold the seller accountable for those claims. This ensures that the broker is not left bearing the financial burden for the seller's false claims.

Other options presented, such as problems related to repairs, changes in market value, or negotiation failures, do not typically fall under grounds for indemnification. The broker is generally responsible for their actions and due diligence in negotiations; therefore, they cannot typically seek indemnification for ordinary issues unless those stem specifically from the seller’s misrepresentations.

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