ANSWER
Broker should adhere to seller's lawful instructions. There is nothing unlawful about including this language in the MLS. However, it is possible that seller misunderstands the significance of this language. Simply put, the language is somewhat meaningless. Consequently, broker should advise seller, in writing, to consult her own lawyer for assistance in determining how to document whatever it is that seller is actually attempting to accomplish with this notation in the MLS.
If all that seller is trying to accomplish is a notation to buyers that seller will not make any repairs or modifications to the property, then perhaps the language is effective to communicate that. It is not essential for a seller to communicate that information in the MLS because seller may simply refuse to make any repairs or modifications. However, if it is important to seller to communicate that information up front, there is no reason listing broker could not include seller's desired notation in the MLS.
However, if seller is attempting to limit seller's post-closing liability for the condition of the property or limit seller's obligation to disclose known conditions within the property, then the notation in the MLS will do NOTHING to accomplish seller's goals. If seller misunderstands the value of including the requested language in the MLS, then broker must advise seller to seek legal counsel. If seller's objective is to limit her disclosure obligations or her liability for failing to make full disclosure, seller requires the assistance of seller's lawyer to draft appropriate language that will be included in any purchase agreement. The requested language for publication in the MLS will do NOTHING to limit seller's obligations or exposure to liability.
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